Meeting
Albany City Council
Virtual Meeting
Albany, CA 94706
Monday, July 18, 2022
AGENDA
Monday, July 18, 2022, 7:00 PM
COVID-19 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) 900-9128, 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 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 re-muted.
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 re-muted after the allotted time.
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
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 – July 5, 2022
Staff recommendation: Approve
CC 2022-07-05 Minutes DRAFT
7‑2.
Ratification of Payroll – Date Paid 7/1/2022: Net Amount $361,588.11, Taxes/Benefits/Deductions $375,739.30, Total Payroll $737,327.41 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 $197,756.34 (7/1/2022), $82,082.10 (7/8/2022) Staff recommendation: Ratify
20220701Council pkt SIGNED
20220708 Council pkt SIGNED
7‑4.
Advisory Body Resignation:
William Beynon appointed by Council Member McQuaid resigned from the Social and Economic Justice Commission Staff recommendation: Information item
7‑5.
Proclamation – 102
nd
Anniversary of the 19
th
Amendment to the United States Constitution
Council Member McQuaid recommendation: that the Council recognize the 102 nd
Anniversary of the 19
th
Amendment to the United States Constitution and declare August 26, 2022 as Women’s Equality Day in the City of Albany 7-5 102nd Anniversary of the 19th Amendment Proclamation 7‑6.
Resolution of the Albany City Council Allowing for Video and Teleconference Meetings during the COVID-19 State of Emergency under California Assembly Bill (AB 361) Staff recommendation: that the Council Resolution No. 2022-81, allowing for video and teleconference meetings during the COVID-19 state of emergency under AB 361 7-6 _Staff Report - Virtual Meetings and AB 361
7-6 Att 1 - Reso 2022-81
7‑7.
Request for Encroachment Permit for a Temporary Street Closure for the Albany Community Triathlon Event on October 16, 2022, and Request for Waiver of Permit Fees for Event Staff recommendation: that the Council:
Adopt Resolution No. 2022-82, authorizing staff to issue an encroachment permit for a temporary street closure for the Albany Community Triathlon event on october 16, 2022 Waive the permit fees for the event
7-7 _Staff Report - Street Closure Triathlon 20220718
7-7 Att 1 - Reso 2022-82 Street Closure Triathlon
7-7 Att 2 Trimap2022
7‑8.
Fiscal Year 2022-23 Community Development Block Grant Project Agreement with Alameda County Staff recommendation: that the Council adopt Resolution No. 2022-83, authorizing the City Manager to enter into an agreement with Alameda County for the use of FY 2022-23 Community Development Block Grant funds in the amount of $116,065 and authorizing the appropriation of said funds to be reimbursed to the City for expenditures incurred 7-8 _Staff Report FY2022-23 CDBG Agreement
7-8 Att 1 Resolution No. 2022-83
7-8 Att 2 Agreement with Alameda County for CDBG FY2022-23 7‑9.
Call for Bids for the 2022 Pavement Rehabilitation Project (Contract No. C22-30) Annual Street Rehabilitation Program (CIP No. 21000)
Staff recommendation: that the Council adopt Resolution No. 2022-84, authorizing the City Manager to approve a Call for Bids for the construction of the 2022 Pavement Rehabilitation Project (Contract No. C22-30) 7-9 _Staff Report 2022 Pavement Rehab Call for Bids
7-9 Att1_Reso 2022-84_Contract C22-30 Call for Bids
7-9 Att2_100% Plan 2022 Pavement Rehab-20220711
7‑10.
Approval of Contract No. C22-38 to Swinerton Management & Consulting for Construction Management Services for Marin Avenue Pavement and Curb Ramp Rehabilitation Project – Phase 1 (CIP No. 21000) Staff recommendation: that the Council adopt Resolution No. 2022-85, authorizing the City Manager to execute Contract No. C22-38 for Swinerton Management & Consulting in the amount of $148,246.00 for construction management services for a term of one year using funds previously appropriated in the City’s Capital Improvement Plan (CIP) for the Annual Street Rehabilitation Program (CIP No. 21000) 7-10 _Staff Report-C22-38 Swinerton Marin CM
7-10 Att 1 - Reso 2022-85 Approving C22-38
7-10 Att 2 - CM & Insp Marin Ave Phase 1 Agreement
7‑11.
Annual Pavement Rehabilitation Program (CIP No. 21000)
Contract No. C21-10: Contract Amendment #4 for Marin Pavement Rehabilitation Project Phase 2 – Drainage Improvement Design Staff recommendation: that the Council adopt Resolution No. 2022-86, authorizing the City Manager to execute Contract Amendment #4 to Contract No. C21-10 to CSG Consultants, Inc in the amount of $88,850 for drainage improvement design services using funds previously appropriated for the Annual Street Rehabilitation Program (CIP No. 21000) 7-11 _Staff Report-CSG_amendment4_design
7-11 Att1_Reso 2022-86 ContractC21-10Amd4
7-11 Att2_C21-10 Amend 4 CSG Consultants
7‑12.
Painting a Rainbow Crosswalk at Solano and Cornell
Council Member McQuaid recommendation: that the Council direct staff to work with the Transportation Commission to develop as a city project a plan for installation of a thermoplastic rainbow crosswalk across the south leg of Cornell Avenue at Solano Avenue 7-12 _McQuaid Memo - Rainbow Crosswalk
_CC7-12 Comments Received updated 20220719 9AM
8. PRESENTATION
9. PUBLIC HEARING
9‑1.
Public Hearing to Consider Adoption of the San Pablo Avenue Specific Plan and Related Documents Including Amendments to the General Plan and the Addendum to the General Plan Environmental Impact Report; Adoption of Design Guidelines and Objective Standards, and Community Benefits; and First Reading of Ordinance No. 2022-03 to Adopt Amendments to the Zoning Ordinance Staff Recommendation: that the Council hold a public hearing to adopt the San Pablo Avenue Specific Plan and related documents. This includes the following actions:
Resolution No. 2022-87 (Attachment #1) to adopt amendments to the General Plan and the Addendum to the General Plan Environmental Impact Report (EIR); and Resolution No. 2022-88 (Attachment #2) to adopt the San Pablo Avenue Specific Plan, Design Guidelines and Objective Standards, and Community Benefits; and Ordinance No. 2022-03 (Attachment #3) to adopt amendments to the Zoning Ordinance, related to the Specific Plan – First Reading CEQA:
An Addendum to the General Plan Environmental Impact Report has been prepared pursuant to Section 15164 of the CEQA Guidelines 9-1 _Staff Report-CC SPA Specific Plan 20220718
9-1 Att 1 CC Reso 2022-87 General Plan Amend_EIR Addendum 9-1 Att 1a ExhA-Reso 2022-87 2035 General Plan_Highlighted Amendments 9-1 Att 1b ExhB-Reso 2022-87 SPAlbany - Add the General Plan EIR_rev4 9-1 Att 2 CC Reso 2022-88 Specific Plan_Design Guidelines_Benefits 9-1 Att 2a ExhA-Reso 2022-88 SPA Specific Plan Public Review Draft_July 2022 9-1 Att 2b ExhB-Reso 2022-88 SPA Design Guidelines & Objective Standards_July 2022 9-1 Att 2c ExhC-Reso 2022-88 Specific Plan_Community Benefits 9-1 Att 3 CC Ord 2022-03 Zoning Amendments
9-1 Att 3a SPA Zoning Text Amendments_rev3
9-1 Att 3b ExhB-Ord 2022-03 Zoning Map Amendments
9-1 Att 4 Summary of Public Outreach.r
_CC9-1 Comments Received updated 20220718 4PM
9‑2.
Public Hearing to Authorize Collection of Delinquent Garbage Bills by Placement on the Alameda County Property Tax Roll Staff recommendation: that the Council adopt Resolution No. 2022-89, confirming the special assessment list for delinquent residential garbage bills, and authorizing the delinquent charges be placed on the Alameda County property tax roll 9-2 _Staff Report-Special Assessment 2022
9-2 Att 1 Reso 2022-89
9-2 Att 2 FINAL Special Assessment List 2022
9-3 Att 3 Franchise Agreement Excerpt
9-4 Att 4 Ord #2013-02
9-5 Att 5 Exhibit 7 Franchise Agreement
9‑3.
Ordinance Amending Albany Municipal Code Section 2-3.1 Relating to Appointment of the Administrative Officer Staff recommendation: After reading the title of the ordinance, that the Council waive further reading and introduce Ordinance No. 2022-04 9-3 _Staff Report-Ord Amending Section 2-3.1
9-3 Att 1 Ord 2022-04 Amending Section 2-3.1
10. UNFINISHED BUSINESS
10‑1.
Resolution of the Albany City Council Calling for the Placement of a General Tax Measure on the November 8, 2022 General Municipal Election Ballot for Submitting to the Voters an Ordinance Amending Sections 5-1 and 5-2 of Chapter V of the Albany Municipal Code Increasing the Rate of the Business License Tax; Making Technical Updates; and Authorizing the City Clerk or Their Duly Authorized Officers to Carry Out all the Necessary Procedures for Said Election Staff recommendation: that the Council provide direction and adopt, as may be revised Resolution No. 2022-90, calling for the placement of a general tax measure on the November 8, 2022 General Municipal Election ballot for submitting to the voters an ordinance amending Sections 5-1 and 5-2 of Chapter V of the Albany Municipal Code increasing the rate of the Business License Tax; making technical updates; and authorizing the City Clerk or their duly authorized officers to carry out all the necessary procedures for said Election 10-1 _Staff Report-Business License Tax (2022)-c1
10-1 Att 1 Reso 2022-90 Bus. Lic. Tax Measure REVISED
10-1 Att 1 Reso 2022-90 Bus. Lic. Tax Measure
_CC 10-1 Comments updated 20220719 9AM
11. NEW BUSINESS
11‑1.
Requesting Consolidation with the Statewide General Election, and Calling for Placement of Tax Measures on the November 8, 2022 General Municipal Election Ballot Staff recommendation: that the Council:
Adopt Resolution No. 2022-91, requesting the Board of Supervisors of Alameda County to consolidate a General Election to be held November 8, 2022 with the Statewide General Election to be held on the same date pursuant to Section 10403 of the Elections Code for the submission of two City tax measures at said election Adopt Resolution No. 2022-92, providing for the filing of primary and rebuttal arguments and setting rules for the filing of written arguments regarding two City tax measures to be submitted at the November 8, 2022 General Municipal Election Assign a Council subcommittee or subcommittees to prepare written arguments for the two ballot measures as identified in Resolution No. 2022-77 (new Emergency Medical Services, Advanced Life Support, and Fire Protection Tax), and 2022-90 (Business License Tax), per the rules set in Resolution No. 2022-92 11-1 _Staff Report - Albany Ballot Measures & Arguments 11-1 Att 1 Reso 2022-91 ReqConsolidCounty-2 Measures 2022 11-1 Att 2 Reso 2022-92 Set Rules for Arguments & Rebuttals _CC11-1 Comments Received updated 20220718 4PM
11‑2.
City Manager Performance Evaluation Research Council Ad Hoc Committee Recommendation: that the Council establish an ad hoc committee to research City Manager performance evaluation processes in other cities and recommend changes to Albany’s process if found appropriate
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/our-city/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 up-to-date information
1. Labor Day – Monday, September 5, 2022 (City Offices Closed) Upcoming City Meetings
1. Planning & Zoning Commission Special Meeting, Tuesday, July 19, 7:00 PM, Virtual Meeting via phone/video conferencing
2. Climate Action Committee Meeting, Wednesday, July 20, 7:00 PM, Virtual Meeting via phone/video conferencing
3. Charter Review Committee Meeting, Thursday, July 21, 7:00 PM, Virtual Meeting via phone/video conferencing
4. Community Media Access Committee Meeting, Monday, July 25, 6:00 PM, Virtual Meeting via phone/video conferencing
5. Police and Fire Pension Board Meeting, Tuesday, July 26, 3:00 PM, Virtual Meeting via phone/video conferencing
6. Financial Advisory Committee Meeting, Tuesday, July 26, 5:00 PM, Virtual Meeting via phone/video conferencing
7. City Council Special Meeting, Tuesday, July 26, 7:00 PM, Virtual Meeting via phone/video conferencing
8. Planning & Zoning Commission Meeting, Wednesday, July 27, 7:00 PM, Virtual Meeting via phone/video conferencing
9. Transportation Commission Meeting, Thursday, July 28, 7:00 PM, Virtual Meeting via phone/video conferencing
10. Economic Development Committee Meeting, Thursday, September 1, 5:00 PM
11. City Council Meeting, Tuesday, September 5, 7:00 PM (due to Labor Day on Monday)
15. ADJOURNMENT
Per City Council Resolution No. 2021-13, no Council meeting shall continue past 10:30 p.m. unless a two-thirds 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 two-thirds 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) 528-5710 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) 528-5710. 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.