Council Agenda: Whole Foods Public Hearing, Stronach Group Voter Initiative, Waste Management Contract and More

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AMENDED AGENDA

7:00 p.m. 

CLOSED SESSION: 

CALL TO ORDER 

OPPORTUNITY FOR THE PUBLIC TO SPEAK ON CLOSED SESSION ITEMS 

City Council convenes in the Council Chamber and then adjourns to Closed Session to discuss the following items: 

Employment and Appointment of a Public Employee pursuant to Government Code Section 54957.7 – Recruitment and selection of City Attorney 


7:30 p.m. 

CALL TO ORDER 

1. PLEDGE OF ALLEGIANCE 

2. ROLL CALL 

3. REPORT ON ACTION TAKEN IN CLOSED SESSION, IF ANY 

4. CONSENT CALENDAR 

(Consent Calendar items are considered to be routine by the City Council and will be enacted by one motion. By approval of the Consent Calendar, the staff recommendations will be adopted unless otherwise modified by the City Council. There will be no separate discussion on these items unless a Council Member or a member of the audience requests removal of the items from the Consent Calendar.) 

4-1. Minutes, September 26, 2011 and October 3, 2011 

Staff recommendation: Approve 

4-2. Ratification of Police & Fire Pension payments in the amount of $118,697.48 for the month of September, 2011. 

Staff recommendation: Ratify. 

4-3. Ordinance No. 2011-04 to amend the contract between the City of Albany and the California Public Employees’ Retirement System to provide the “Different Level of Benefits” provision (§ 20475) for local miscellaneous members – Second Reading 

4-3A Staff Report
4-3B Ord 2011-04
4-3C Contract Pages

Staff recommendation: Approve Ordinance #2011-04, an ordinance of the Albany City Council authorizing an amendment to the contract between the City of Albany and the Board of Administration of the California Public Employees’ Retirement System, to provide a lower, second-tier of benefits for new employees – Second Reading – Pass to print 

4-4. Easement and Quitclaim Agreement for Public Sanitary Sewer and Public Trail Facilities – Bayside Commons – 535 Pierce Street 

4-4A Staff Report
4-4B Reso 2011-49
4-4C Agreement/Legals & Plats
4-4D Bayside Commons Exhibits
4-4E Bayside Exec Comm Minutes

Staff recommendation: Approve Resolution No. 2011-49 accepting the attached Easement and Quitclaim Agreement between the City and Bayside Commons Homeowners Condominium Owners Association (535 Pierce Street) correcting the recorded location of an existing public sanitary sewer easement and public trail easement to match the physical location of the constructed sewer and trail facilities. 

4-5. Ordinance 2011-05 – Amendments to the Fire Prevention Chapter of the Municipal Code related to Self Closing Doors in Residential Structures - Second Reading 

4-5A Staff Report
4-5B Ord 2011-05

Staff recommendation: That the City Council approve the second reading of Ordinance No. 2011-05 “Amendments to the Fire Prevention Chapter of the Municipal Code related to Self-Closing Doors in Residential Structures”, which requires that exterior doors in existing multi-family residential buildings that open to an exit access be self-closing. Pass To Print 

4-6. Request for Qualifications to solicit an architectural firm for the development of Pierce Street Parcel 

4-6A Staff Report
4-6B RFQ Maint Center
4-6C RFQ Map
4-6D Bike/Ped Path Pierce Street

Staff recommendation: The Council authorize the City Manager to release the attached Request for Qualifications (RFQ) to solicit potential architectural firms to lead a team of professionals in the design and development of a new Public Works Division maintenance facility and to provide oversight for the development of the neighborhood park and bicycle/pedestrian trail. 

4-7. Approve and Acceptance of Improvements for Contract No. C10-22, Buchanan/Jackson Traffic Signal & Intersection Safety Improvements at Ocean View School. 

4-7A Staff Report
4-7B Reso 2011-50
4-7C Notice of Completion
4-7D Buchanan Jackson Striping Plan

Staff recommendation: Adopt Resolution No. 2011-50 approving and accepting improvements and directing the filing of the Notice of Completion for Contract No. C10-22, Buchanan/Jackson Traffic Signal & Intersection Safety Improvements, Caltrans Project No. SR2LS-5178(009). 

5. GOOD OF THE CITY/PUBLIC FORUM/ANNOUNCEMENTS 

For persons desiring to address the City Council on an item that is not on the agenda please note that City policy limits each speaker to three (3) minutes. The Brown Act limits the Council’s ability to take and/or discuss items that are not on the agenda; therefore, such items are normally referred to staff for comment or to a future agenda. 

Please go to our website at www.albanyca.org to view all future Commission and Committee meetings. 

6. PRESENTATIONS 

6-1. Proclamation: National Arts & Humanities Month 

6-1 Proclamation

6-2. Presentation of the Albany Local Week Uber Albany Local Cup to the Winner Peggy McQuaid 

6-3. Presentation and Discussion on the Proposed Mandatory Recycling and Single Use Bag ordinances in Alameda County 

6-3A Staff Report
6-3B Mandatory Recycling Ordinance
6-3C Single Use Bag Ordinance
6-3D Slides

Staff recommendation: Receive a presentation by Stopwaste.Org staff regarding development of the mandatory recycling and single use bag ordinances, and provide comments or direction to City staff and/or to the City Council Member representative to the Board of Stopwaste.Org regarding the proposed ordinances. 

7. UNFINISHED BUSINESS 

7-1. Waste Management of Alameda County Franchise and Disposal Agreements 

7-1A Staff Report
7-1B Reso 2011-44
7-1C Reso 2011-45
7-1D Collection Service Agreement
7-1E Disposal Agreement
7-1F Albany Option Services Rates
7-1G Attachment 6

Staff recommendation: That the Council: 
A-1) Approve Resolution No. 2011-44 adopting the Disposal Service Agreement between the city of Albany and Waste Management of Alameda County, Inc., 2) Approve Resolution No. 2011-45 adopting the Collection Agreement between the City of Albany and Waste Management of Alameda County, Inc. for Solid Waste, Recyclable Materials, and Organic Materials Services 3) Authorize a base rate increase of 45% effective November 1, 2011; 
-Or- 
B-1) Authorize staff to utilize the remaining two 1-year extensions of the existing franchise agreement with Waste Management of Alameda County Inc. as necessary. 2) Authorize staff to initiate a competitive solicitation process for a new franchise agreement. 3) Approve a contract amendment with R3 Consulting to provide technical assistance throughout the competitive bid and negotiation process including development of a franchise agreement for collection processing, and disposal of solid waste, recycling and organics materials. 

8. PUBLIC HEARINGS 

8-1. 1030-1130 San Pablo Avenue (University Village Mixed Use Project). Planning Application #07-100. Environmental Impact Report (EIR), Zoning Amendments & Planned Unit Development. The applicant seeks approval to construct a new 55,000 sq. ft. grocery store at the north side of Monroe and a mixed-use retail space and senior living project on the south side of Monroe. 

8-1A Staff Report
8-1B Reso 2011-51
8-1C Ord 2011-06
8-1D Ord 2011-07
8-1E Reso 2011-52
8-1F Memo

Planning & Zoning Commission Recommendation: 
• Adopt Resolution No. 2011-51 Certifying the Environmental Impact Report; 
• Approve on First Reading Ordinance No. 2011-06 adopting Overlay District 
• Approve on First Reading Ordinance No. 2011-07 Rezoning the Property; and 
• Provide policy direction to the Planning and Zoning Commission on the Resolution No. 2011-52 Planned Unit Development 

Staff recommendation: Staff further recommends that all action on the project be approved in a unified action, with amendments to the Planned Unit Development incorporating conditions of approval on bicycle access to the grocery store and implementation of City Council policy on Little League fields. Action on the project should be continued to the City Council meeting of November 21, 2011 if conditions of approval are not resolved. 

9. NEW BUSINESS 

9-1. Revised Joint Powers Authority Agreement for the Associated Community Action Agency 

9-1A Staff Report
9-1B Amended ACAP Agreement
9-1C Reso 2011-53

Staff recommendation: That the City Council approve Resolution No. 2011-53 authorizing amendments to the Joint Powers Authority Agreement for the Associated Community Action Agency (ACAP) to facilitate winding up this program.

9-2. The Stronach Group’s October 13, 2011 communication on its voter initiative and community communications strategies 

9-2A Staff Report
9-2B Ari Huber TSG letter 10-13-2011
9-2C LBNL at GGF Outreach Plan

Staff recommendation: That Council:1) Acknowledge receipt of the 10/13/11 communication to the City Council from The Stronach Group outlining plans for its communications strategies and preparation of a voter initiative for the June 2012 ballot related to its proposal for the second campus of the Lawrence Berkeley National Laboratory and private development; 2) Convey to TSG the City Council’s expectation that TSG will reimburse the City for its costs to analyze the impacts of the proposal, and to inform and engage the community in understanding the consequences; 3) Consider agendizing an information, discussion, and potential action item for City Council position on the process and/or content of any aspects of the proposal or initiative. 


10. OTHER BUSINESS, REPORTS ON MEETINGS ATTENDED, ANNOUNCEMENT OF EVENTS/FUTURE AGENDA ITEMS. 

(Council and staff announcements: Council Member reports on State, regional and local boards, commissions and committees to which they are appointed by the City Council; Council Member announcement of requests for future agenda items. No public comment will be taken on announcement of future agenda items). 

11. ADJOURNMENT 

(The Council meeting packet is available for public inspection at the Albany Library (526-3720), the Fire Department and the City Clerk’s Office. The agenda and supporting staff reports can also be found on our web page at: www.albanyca.org. If you have any questions pertaining to any agenda item or Council meeting procedure, please contact the City Clerk’s Office at 528-5710.) 
Agenda related writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the lobby of City Hall. 

The City of Albany is dedicated to maintaining its small town ambience, responding to the needs of a diverse community, and providing a safe, healthy and sustainable environment. 

To view the live televised Council meetings go to Channel 33. Please note that if you provide your name and address when speaking before the City Council it will become part of the official public record, which will be posted on the Internet and broadcast on Channel 33. 


NOTICE – Please Read 

“Pursuant to Government Code Section 65009, if you challenge a decision of the City Council in court, you may be limited to raising only those issues you or someone else raised at a public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. 

The decision of the City Council is final as of the date of its decision unless judicial review is initiated pursuant to California Code of Civil Procedure Section 1094.5. Any such petition for judicial review is subject to the provisions of California Code of Civil Procedure 1094.6. 

In compliance with the Americans with Disabilities Act (ADA), and State Law, if you need special assistance to participate in this meeting, please contact the City Administration Office 510-528-5710. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102.104 ADA Title II)”. Upon request, we will provide written agenda materials in appropriate alternate formats, of disability related modification or accommodation, including auxiliary aids or services to enable individuals with disabilities to participate in public meetings. Please deliver a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least two (2) days before the meeting. Request should be sent to: City Clerk, 1000 San Pablo Avenue, Albany, CA 94706.