Meeting
Albany City Council
Virtual Meeting
Albany, CA 94706
Tuesday, September 06, 2022
AGENDA
Tuesday, September 06, 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. 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 adopt Resolution No. 2022-93, allowing for video and teleconference meetings during the COVID-19 state of emergency under AB 361 3-1 _Staff Report - Virtual Meetings and AB 361
3-1 Att 1 - Resolution 2022-93 - AB 361
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 18, 2022 & July 26, 2022
Staff recommendation: Approve
CC 2022-07-18 Minutes DRAFT
CC 2022-07-26 Special Meeting Minutes DRAFT
7‑2.
Ratification of Payrolls –
Date Paid 7/15/2022: Net Amount $357,281.20, Taxes/Benefits/Deductions $376,450.51, Total Payroll $733,731.71 Date Paid 7/29/2022: Net Amount $353,012.92, Taxes/Benefits/Deductions $288,064.92, Total Payroll $641,077.84 Date Paid 8/12/2022: Net Amount $380,524.74, Taxes/Benefits/Deductions $393,019.87, Total Payroll $773,544.61 Date Paid 8/26/2022: Net Amount $382,156.18, Taxes/Benefits/Deductions $389,704.81, Total Payroll $771,860.99 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 $1,562,780.92 (7/15/2022), $455,697.80 (7/22/2022), $952,618.55 (7/29/2022), $658,678.91 (8/5/2022), $457,544.10 (8/12/2022), $427,169.11 (8/19/2022) Staff recommendation: Ratify
20220715 Council pkt SIGNED
20220722 Council pkt SIGNED
20220729 Council pkt SIGNED
20220805 Council pkt SIGNED
20220812 Council pkt SIGNED
20220819 Council pkt SIGNED
7‑4.
Advisory Body Appointments and Resignation:
John Miki appointed by Vice Mayor Tiedemann to the Climate Action Committee Maria Barakat appointed by Vice Mayor Tiedemann to the Social & Economic Justice Commission Flor Elizabeth Rios appointed by Council Member McQuaid to the Social & Economic Justice Commission Douglas Donaldson appointed by Council Member Gary resigned from the Planning & Zoning Commission Staff recommendation: Information item
7‑5.
Proclamation – Hispanic Heritage Month
Council Member McQuaid recommendation: that the Council recognize September 15 through October 15, 2022 as Hispanic Heritage Month in the City of Albany Proc 2022-29 Hispanic Heritage Month
7‑6.
Proclamation – Suicide Prevention Awareness Month
Council Member McQuaid recommendation: that the Council recognize September 2022 as Suicide Prevention Awareness Month in the City of Albany 7-6 Suicide Prevention Month Proclamation
7‑7.
Proclamation – National Preparedness Month
Council Member McQuaid recommendation: that the Council recognize September 2022 as National Preparedness Month in the City of Albany 7-7 National Preparedness Month Proclamation
7‑8.
Proclamation – Reserve Police Officer Jeffrey Nelson Retirement Staff recommendation: that the Council wishes to express its gratitude and appreciation to Reserve Officer Jeffrey Nelson for his many years of dedicated service to the department and the safety of the community 7-8 Jeffrey Nelson Retirement Proclamation
7‑9.
Second Reading of Ordinance No. 2022-03 Revising Various Sections of Chapter XX of the Albany Municipal Code Related to Implementation of the San Pablo Avenue Specific Plan Staff recommendation: that the Council adopt Ordinance No. 2022-03, revising various sections of Chapter XX of the Albany Municipal Code related to implementation of the San Pablo Avenue Specific Plan – Second Reading, Pass-to-Print 7-9 _Staff Report Ordinance 22-03 2nd Reading
7-9 Att 1 CC Ord 2022-03 Zoning Amendments
7‑10.
Ordinance Amending Albany Municipal Code Section 2-3.1 Relating to Appointment of the Administrative Officer Staff recommendation: that the Council adopt Ordinance No. 2022-04, amending Albany Municipal Code Section 2-3.1 relating to appointment of the Administrative Officer – Second Reading, Pass-to-Print 7-10 _Staff Report - Ord Amending Section 2-3.1
7-10 Att 1 Ord 2022-04 Amending AMC Section 2-3.1
7‑11.
State Housing Law Resolution for Metropolitan Transportation Commission Grant Compliance Staff recommendation: that the Council adopt Resolution No. 2022-94, agreeing to comply with state housing laws 7-11 _Staff Report - Housing Law MTC Compliance
7-11 Att 1 - Reso 2022-94 MTC Compliance
7-11 Att 2 Surplus Land Act Information Slides
7‑12.
Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grant (AFG) Program Award for Fire Station Exhaust Removal System Staff recommendation: that the Council adopt Resolution No. 2022-95:
Authorizing the City Manager, or designee, to accept the grant award from Federal Emergency Management Agency Assistance to Firefighters Grant Program EMW-2021-FG-07270 of $82,373.21 Authorize the appropriation of $8,237.33 from the Fire Department Reserve Funds as the required ten percent (10%) matching funds to purchase and install a source capture vehicle exhaust removal system at the Albany Fire Station 7-12 _Staff Report - FEMA AFG Exhaust Removal System
7-12 Att 1 Reso 2022-95 FEMA AFG for Exhaust Removal System 7-12 Att 2 EMW-2021-FG-07270 - Award Package
7‑13.
Annual Sidewalk Rehabilitation Program (CIP No. 22000)
Contract No. C22-14 Contract Change Order #1 (Phase 6 Construction) Staff recommendation: that the Council adopt Resolution No. 2022-96, authorizing the City Manager to execute Contract Change Order (CCO) #1 to Contract No. C22-14 with MCE in the not-to-exceed amount of $111,287.50 from previously approved funds for the Annual Sidewalk Rehabilitation Program (CIP No. 22000) 7-13 _Staff Report - Sidewalk Rehab Phase 6
7-13 Att 1 Reso 2022-96 - C22-14 CCO1
7-13 Att 2 Phase 6 Transportation Commission 7-2022
7-13 Att 3 Phase 6 Repair Locations Map
7-13 Att 4 Sidewalk Rehab Phase 6 Design
7-13 Att 5 Phase 5 Pre and Post Construction Photos
7-13 Att 6 C22-14 CCO1
7‑14.
Annual Sewer Rehabilitation Program (CIP No. 32000) –
Award Contract No. C22-56 to CSG Consultants for Engineering & Project Management Services Staff recommendation: that the Council adopt Resolution No. 2022-97, authorizing the City Manager to award Contract No. C22-56 to CSG Consultants in the amount of $170,000 for project management services for a term of one year using funds previously appropriated for the Annual Sewer Rehabilitation Program (CIP No. 32000) 7-14 _Staff Report - CSG Sewer Rehab Contract Award
7-14 Att1 Reso 2022-97 CSG PM Support Services
7-14 Att2 Contract C21-56 PM Support Services (Signed)
7‑15.
League of California Cities 2022 Annual Conference Resolutions Council Member McQuaid recommendation: that the Council authorize a “YES” vote on the proposed bylaw amendments 20220906 CC7-15 McQuaid Memo - League Reso
8. PRESENTATION
9. PUBLIC HEARING
10. UNFINISHED BUSINESS
10‑1.
Submittal of Working Draft Housing Element to the California Department of Housing and Community Development Staff recommendation: that the Council authorize submittal of the Working Draft Housing Element to the California Department of Housing and Community Development 10-1 _Staff Report - Housing Element Working Draft
10-1 Att 1 Working Draft Albany Housing Element
10-1 Att 2 Affirmatively Furtherming Fair Housing
10-1 Att 3 Site Inventory
10-1 Att 4 San Pablo Cooridor Density Analysis
10-1 Att 5 Proposed Changes Ch. 6
10-1 Public Comments Received in August 2022
10-1 Public Comment Updated 2022.09.06 5PM
10‑2.
Restated Amendment No. 3 to the Employment Agreement for City Manager Services Staff recommendation: that the Council adopt Resolution No. 2022-98, approving Restated Amendment No. 3 to the Employement Agreement for City Manager Services 10-2 _Staff Report Amend 3 to CM Eployment Agreement
10-2 Att 1 Reso 2022-98 Restated Amend 3 to CM Emp. Agreement 10-2 Att 2 Restated Amendment 3 to CM Employment Agreement 10-2 Att 3 Reso 2020-119 with Amendment 2 City
10-2 Att 4 Reso 2019-88 with Amendment 1
10-2 Att 5 Reso 2018-20 with Employment Agreement
11. NEW BUSINESS
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 Upcoming City Meetings
1. Financial Advisory Special Committee Meeting, Wednesday, September 7, 4:00 PM, Virtual Meeting via phone/video conferencing
2. Social & Economic Justice Commission Meeting, Wednesday, September 7, 7:00 PM, Virtual Meeting via phone/video conferencing
3. Economic Development Committee Meeting, Thursday, September 8, 5:00 PM, Virtual Meeting via phone/video conferencing
4. Parks, Recreation and Open Space Commission Meeting, Thursday, September 8, 7:00 PM, Virtual Meeting via phone/video conferencing
5. Arts Committee Meeting, Monday, September 12, 7:00 PM, Virtual Meeting via phone/video conferencing
6. Planning & Zoning Commission Meeting, Wednesday, September 14, 7:00 PM, Virtual Meeting via phone/video conferencing
7. Charter Review Committee Meeting, Thursday, September 15, 7:00 PM, Virtual Meeting via phone/video conferencing
8. City Council Meeting, Monday, September 19, 7:00 PM
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.