Agenda — Albany City Council, April 18, 2022

Albany City Council
Virtual Meeting
Albany, CA 94706
Monday, April 18, 2022
SPECIAL & REGULAR MEETING AGENDA
Monday, April 18, 2022
6:00 PM – Special Meeting
7:00 PM – Regular Meeting
COVID19 NOTICE – PUBLIC MEETING GUIDELINES
Consistent with California Assembly Bill 361, given the proclaimed state of emergency and the Alameda County Health Care Services Agency Director’s recommendation for continued social distancing for public meetings, which is also consistent with CalOSHA requirements for social distancing, the City Council will be participating in City Council meetings via phone/video conferencing. The public is invited to participate via the methods below:

How to watch or listen to the meeting:

1. Meetings are streamed live and recorded for viewing on City website www.albanyca.org/meetings or on YouTube (www.YouTube.com/AlbanyKALB)

2. To observe the meeting by video conference, please go to https://zoom.us/s/97970114482.

3. To listen to the meeting by phone, please call 1 (669) 9009128, then enter Webinar ID 979 7011 4482, follow by #. When asked for a participant ID, press # again.

How to submit Public Comment:

1. Members of the public may submit comments in writing by emailing the City Council [email protected] with the Agenda item number clearly identified in the subject line of the email. Comments may also be submitted by mail to to City of Albany – Meeting Comments, 1000 San Pablo Avenue, Albany, CA 94706. All written comments received by 5 PM on the day of the meeting will be provided to the City Council before the meeting and posted on the website. Other written comments received after 5 PM will still be provided to the City Council and be included as part of the meeting record.

2. To comment by video conference, click the “Raise Your Hand” button to request to speak during public comment period. You will be asked to unmute yourself when it is your turn to make your comment. After the allotted time, you will then be remuted.

3. To comment by phone, you will “Raise Your Hand” by pressing *9 to request to speak during public comment period. When it is your turn to make your comment, you will be asked to unmute yourself by pressing *6. You will be remuted after the allotted time.

SPECIAL MEETING STUDY SESSION: (6:00 PM)

1. CALL TO ORDER / ROLL CALL

2. STUDY SESSION
2‑1. Collection Services Agreement Negotiations Between Waste Management of Alameda County (WMAC) and the City of Albany Staff recommendation: that the Council review cost impact to rate payers and provide direction to staff on services and programs to be incorporated into the collection agreement

3. ADJOURNMENT OF SPECIAL MEETING OPEN SESSION
REGULAR MEETING: 7:00 PM

1. CALL TO ORDER
The following Land Acknowledgement Statement shall be read at the beginning of each City Council meeting and Advisory Body meeting per Albany City Council Minute Action, November 15, 2021.
“The City of Albany recognizes that we occupy the land originally protected by the Confederated Villages of Lisjan. We acknowledge the genocide that took place on these lands and must make strides to repay the moral debt that is owed to this indigenous people, specifically the Ohlone Tribe. We thank them for their contributions which have transformed our community, and will continue to bring forth growth and unity. The City of Albany commits to sustaining ongoing relationships with the Tribe and together build a better future for all that now make this their home.”

2. ROLL CALL

3. REPORT ON ACTION TAKEN IN CLOSED SESSION, IF ANY
No public comment will be taken.

4. CEREMONIAL MATTERS
4‑1. Proclamation – Earth Day and Albany Green Businesses 4‑2. Proclamation – National Victims’ Rights Week

5. CITY MANAGER REPORT
The City Manager provides verbal and/or written reports regarding matters of interest to the Council.

6. GOOD OF THE CITY / PUBLIC COMMENT
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 up to three (3) minutes.

The Mayor may reduce the time limit per speaker depending on the number of speakers. 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.

Comments related to items appearing on the agenda are taken up at the time the City Council deliberates each action item. The Mayor will announce when the period for public comment is open on each agenda item.

7. 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. 7‑1. Minutes – April 4, 2022
Staff recommendation: Approve
7‑2. Ratification of Payroll – Date Paid 04/08/2022: Net Amount $344,734.83, Taxes/Benefits/Deductions $357,847.45, Total Payroll $702,582.28; Date Paid 04/01/2022: Net Amount $11,469.66, Taxes/Benefits/Deductions $11,592.13, Total Payroll $23,061.79 (Retro Pay)
Staff recommendation: Ratify
7‑3. Ratification of Bills, Claims and Demands – Ratification of bills, claims and demands against the City of Albany in the amount of $176,207.29 (04/01/2022), $222,145.23 (04/08/2022)
Staff recommendation: Ratify
7‑4. Advisory Body Appointments/Resignation:

Haadiyah Mohammed appointed by Council Member Gary to the Climate Action Committee
Praveena Shrestha appointed by Mayor Jordan to the Economic Development Committee
Zhuojian (Nelson) Peng appointed by Council Member Gary to the Transportation Commission
Allen Kuo appointed by Vice Mayor Tiedemann resigned from Financial Advisory Committee
Staff recommendation: Information Item
7‑5. Resolution of the Albany City Council Allowing for Video and Teleconference Meetings during the COVID19 State of Emergency under California Assembly Bill (AB 361)
Staff recommendation: that the Council adopt Resolution No. 202233, allowing for video and teleconference meetings during the COVID19 state of emergency under AB 361
7‑6. CivicSpark Program 20222023
Staff recommendation: that the Council adopt Resolution No. 202234, authorizing the City Manager to execute a contract with CivicWell for the 20222023 CivicSpark Program
7‑7. FY 20222023 Paratransit Program Plan Application
Staff recommendation: that the Council adopt Resolution No. 2022 35, accepting the FY 202223 Paratransit Program Plan Application in the amount of $77,670.82 to the Alameda County Transportation Commission (ACTC)
7‑8. Updated Benefits Booklet for Management/Confidential Employees Staff recommendation: that the Council adopt Resolution No. 202236, approving the updated Benefits Booklet for Management/Confidential Employees
7‑9. Annual Pavement Rehabilitation Program (CIP No. 21000) Washington Avenue Pavement Rehabilitation Project – Phase 2 Approval of Contract Change Order No. 2 to Contract No. C2149 Staff recommendation: that the Council adopt Resolution No. 202237, authorizing the City Manager to execute CCO No. 2 and CCO No. 3 to Contract No. C2149 in the amount of $105,305.98 using funds previously appropriated as part of the City’s Annual Pavement Rehabilitation Program (CIP No. 21000)
7‑10. Letter of Support – League of California Cities Budget Request for Local Assistance for Organic Waste Recycling Program Development and Implementation
Mayor Jordan recommendation: that the Council authorize submittal of the Letter of Support

8. PRESENTATION

9. PUBLIC HEARING
9‑1. Assembly Bill (AB) 481 Compliance – First Reading
Staff recommendation: that the Council introduce Ordinance No. 2022 02, adopting a Military Use Equipment Policy pursuant to Assembly Bill (AB) 481, and waive first reading of the Ordinance

10. UNFINISHED BUSINESS
10‑1. Potential 2022 Tax Measure to Fund EMS/ALS (Emergency Medical Services/Advanced Life Support) and Raise Staffing to Standard EMS/ALS Tax Ad Hoc Committee recommendation: that the
Council direct staff to prepare a tax measure based on land area to fund:

1. Emergency medical services and transport (EMS) with advanced life support capability (ALS)

2. A seventh position on each of the three Fire Department shifts, and

3. Emergency medical response and advanced life equipment replacement
This measure to replace both the existing property tax supporting EMS and the tax supporting ALS and to include exemption for households that own their residence and rebate for households that rent their residence and have very low incomes
10‑2. Policy Direction on Potential Ballot Measure to Update the Business License Tax
Staff recommendations: that the Council provide policy direction and request ballot measure be prepared for further City Council consideration, so that the tax measure may be submitted to voters at the November 8, 2022 election
10‑3. Policy Direction on Potential New Commercial Vacancy Tax Staff recommendation: that the Council provide policy direction and request a ballot measure be prepared for further City Council consideration, so that the tax measure may be submitted to voters at the November 8, 2022 election
10‑4. Second Annual Juneteenth Celebration
Council Member Gary recommendation: that the Council approves the following recommendations:

1. Direct staff to prepare a resolution authorizing the Juneteenth Flag be flown for a period of 7 days from June 12th through June 19th

2. City financial support up to $7,500

3. Direct staff to prepare a resolution authorizing a street event encroachment permit and associated street closure

4. Authorize allocation of City resources for the event including audio/visual support, portapotty and waste receptacles

5. City sponsorship that will include name recognition and assistance with marketing

11. NEW BUSINESS
11‑1. Request to Fly Progress Pride Flag
Council Member McQuaid recommendation: that the Council direct staff to draft a resolution authorizing the Progress Pride Flag be flown permanently at Albany City Hall to be effective June 1, 2022 11‑2. Waiving Bike Parking Installation Fee
Mayor Jordan recommendation: that the Council direct staff to prepare an amendment to the Master Fee Schedule waiving the fee for installation of bicycle parking in the public right of way when required as a condition of approval. Pay the cost of such installation from the Measure DD greenhouse pollution and climate change adaptation reserve. Encourage the City to explore cofunding more iconic, and consequently expensive, bike parking racks with Albany Strollers & Rollers

12. COUNCIL SUBCOMMITTEE REPORTS, COUNCIL MEMBER REPORTS ON APPOINTED REPRESENTATION OF ALBANY, AND OTHER MEETINGS AND EVENTS
Council Subcommittees report, if they have met, and Council Members provide reports on any local, state or regional government meetings at which they have represented the City of Albany. Council members may provide reports on any meetings and/or community events and activities they have attended or plan to attend that they believe may be of interest to the Council, staff, or public. The Mayor may invite citizens who represent Albany at such meetings to report as well.

Council Members are encouraged to provide staff with links and/or a written report of meetings attended in advance of the posting of the Council agenda to include with the agenda materials. The Council shall have the authority to take action regarding any agendized written recommendations provided under this agenda category as needed.

City Council Appointed
Representation Bodies
Appointee Alternate
Alameda County Mayors’ Conference Jordan Tiedemann
Alameda County Transportation
Commission Nason Jordan
Alameda County Waste Management
Authority Jordan Nason
Association of Bay Area Government Gary Tiedemann
East Bay Community Energy JPA
Board Tiedemann Jordan
East Bay Sports Field Recreational
Authority JPA Nason Gary
Housing Authority of Alameda County McQuaid N/A
League of California Cities (East Bay) McQuaid Tiedemann Alameda County Mosquito Abatement
District Jordan N/A
Alameda County Library Advisory
Commission Gary (vacant)
Alta Bates Hospital Task Force McQuaid/Nason N/A
Rausser College of Natural Resources
Dean’s Advisory Committee on the Gill
Tract (DAC)
Gary N/A
City/AUSD/UC 2X2X2 Jordan/Tiedemann N/A
Police & Fire Pension Fund Board Jordan McQuaid
Alameda County Paratransit Advisory
& Planning Committee (PAPCO) (vacant) N/A

13. FUTURE AGENDA ITEMS
Council Members and City Manager note upcoming agenda items that may be of interest to the Council, staff, or public. Council Members may request that items be placed on a future agenda.

14. ANNOUNCEMENT OF CITY MEETINGS AND EVENTS
Information available on City website https://www.albanyca.org/ourcity/city calendar City Calendar web page. No public comment will be taken.

Upcoming City Events – please check on City website www.albanyca.org under City Calendar web page for uptodate information
Upcoming City Meetings

1. Climate Action Committee Meeting,Wednesday, April 20, 7:00PM, Virtual Meeting via phone/video conferencing

2. Community Media Access Committee Meeting, Monday, April 25, 7:00 PM, Virtual Meeting via phone/video conferencing

3. Police and Fire Pension Board Meeting, Tuesday, April 26, 3:00 PM, Virtual Meeting via phone/video conferencing

4. Planning & Zoning Commission Meeting, Wednesday, April 27, 7:00 PM, Virtual Meeting via phone/video conferencing

5. Transportation Commission Meeting, Thursday, April 28, 7:00 PM, Virtual Meeting via phone/video conferencing

6. City Council Meeting, Monday, May 2, 7:00 PM

15. ADJOURNMENT
Per City Council Resolution No. 202113, no Council meeting shall continue past 10:30 p.m. unless a twothirds majority of the Council votes to extend the meeting to discuss specified items; and any motion to extend the meeting beyond 10:30 p.m. shall include a list of specific agenda items to be covered. Any items not completed at a regularly scheduled Council meeting shall be continued to the next regular meeting or by a twothirds majority vote of the Council to an adjourned regular meeting.

The Council agenda is posted for public inspection in advance of meetings at the City Hall, the Albany Community Center, and the Albany Senior Center. Agendas and supporting documents can also be found online at: www.albanyca.org. Supporting documents and any public comments received will be made available for public inspection online or via email request. If you have any questions pertaining to any agenda item or meeting procedure, please contact the City Clerk’s Office at 1 (510) 5285710 or [email protected].

Please note that if you provide your name and address when speaking before the City Council or submitted as part of your written public comment, the information will become part of the official public record, which will be posted online and subject to disclosure under the Public Records Act.

NOTICE
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 1 (510) 5285710. Notification 48 hours prior to the meeting where possible 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 where possible.

Request should be sent to: [email protected] or City Clerk, 1000 San Pablo Avenue, Albany, CA 94706.