Meeting
Albany City Council
1000 San Pablo Avenue
Albany, CA 94706
Monday, November 07, 2022
AGENDA
Monday, November 07, 2022, 7:00 PM
COVID-19 NOTICE – PUBLIC MEETING GUIDELINES
Albany
City
Council
meetings
are
conducted
in
person
at
City
Hall
Council
Chambers.
As
a
courtesy, and technology permitting, members of the public may continue to participate virtually. However, the City cannot guarantee that the public’s access to teleconferencing technology
will
be
uninterrupted,
and
technical
difficulties
may
occur
from
time
to
time.
How to watch or listen to the meeting:
1. Meetings are available to watch, listen, or participate virtually via Zoom webinar.
Register for the meeting:
https://albanyca.zoom.us/webinar/register/97970114482
to
join
virtually.
Or
to
join
by
phone
via
Zoom,
please
call
at
the
noticed
meeting
time
1 (669) 9009128.
Webinar ID 979 7011 4482. Participant ID
“
#”.
2. Meetings
are
also
streamed
live
on
City
website
www.albanyca.org/meetings
or
on
YouTube
(
www.YouTube.com/AlbanyKALB
).
Recording
of
the
meetings
are
usually
available for viewing 24 hours after the meeting.
3. Mee
tings
are
broadcast
live
and
rebroadcast
on
local
TV
–
Albany
KALB
Channel.
How to submit Public Comment:
1. Members of the public may attend City Council meetings in-person at City Hall Council Chambers and request to speak during public comment period.
2. 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.
3. 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.
4. 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
4‑1.
Resolution in Appreciation of City Council Member Ge’Nell Gary 4-1 Reso 2022-115 Gary 2022 FINAL
4‑2.
Proclamation – Native American Heritage Month
4-2 Native American Heritage Month Proclamation
4‑3.
Proclamation – United Against Hate Week
United Against Hate Week Proclamation
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. 6-1 Pubic Comment - Updated 20221107 345PM
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
October 13, 2022
October 17, 2022
Staff recommendation: Approve
CC2022-10-13 Special Mtg Minutes DRAFT
CC2022-10-17 Minutes DRAFT
7‑2.
Ratification of Payroll – Date Paid 10/21/2022: Net Amount $356,494.64, Taxes/Benefits/Deductions $369,732.04, Total Payroll $726,226.68 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 $110,002.55 (10/14/2022), $228,935.06 (10/21/2022), $290,498.37 (10/28/2022) Staff recommendation: Ratify
20221014 Council pkt SIGNED
20221021 Council pkt SIGNED
20221028 Council pkt SIGNED
7‑4.
Advisory Body Appointment and Resignations:
Mark Meldgin is appointed by Council Member Nason to the Climate Action Committee Sandrine Demathieu appointed by Vice Mayor Tiedemann resigned from the Community Media Access Committee Luke Panzar appointed by Vice Mayor Tiedemann resigned from the Financial Advisory Committee Staff recommendation: Information item
7‑5.
Proclamation – Transgender Awareness Week
Council Member McQuaid recommendation: that the Council declare November 13 – November 19, 2022 as “Transgender Awareness Week in Albany” 7-5 Transgender Awareness Week 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 adopt Resolution No. 2022-110, 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 2022-110
7‑7.
Request for a Temporary Street Closure for the Holiday Makers Market Event hosted by Picnic on December 10, 2022, and Request for Waiver of Permit Fees for the Event Staff recommendation: that the Council:
Adopt Resolution No. 2022-111, authorizing staff to issue an encroachment permit for a temporary street closure for the Holiday Makers Market event on December 10, 2022 Waive the encroachment permit fees for the event
Approve the City absorbing the cost to obtain a contractor for traffic management, which is estimated to be $2,500 7-7 _Staff Report - Picnic Holiday Maker Fair
7-7 Att 1 - Reso 2022-111 Street Closure for Holiday Maker Fair 7-7 Att 2_Letter from Business Owners of Picnic on Holiday Makers Market 7‑8.
Amendment to Contract No. C22-19 for Stormwater Inspection Support Staff recommendation: that the Council adopt Resolution No. 2022-112, authorizing the City Manager to execute Amendment #1 to Contract No. C22-19 with CAP Engineering in the not-to-exceed amount of $96,900 using funds previously appropriated as part of the Public Works Operating Budget _Staff Report-C22-19 CCO1 SW Inspections
Att1 Reso 2022-112 - CAP SW Inspections
Att2 C22-19 Amend#1 - SW Inspections
7‑9.
Contract No. C22-67 with ArborPro Inc. for a Street Tree Inventory Staff recommendation: that the Council:
Adopt Resolution No. 2022-113, authorizing the City Manager to execute Contract No. C22-67 with ArborPro Inc. for a street tree inventory Appropriate $45,000 of Measure M funds to cover any costs associated with the Contract 7-9 _Staff Report-C22-67 ArborPro Inc
7-9 Att 1 - Reso 2022-113 Contract for Street Tree Inventory 7-9 Att 2 - ArborPro Street Tree Inventory Proposal
7-9 Public Comment - Updated 20221107 5PM
8. PRESENTATION
9. PUBLIC HEARING
9‑1.
Appeal of the Parks, Recreation & Open Space Commission Tree Removal Decision for Street Trees located at 1431 and 1433 Washington Avenue Staff recommendation: that the Council adopt Resolution No. 2022-114, upholding the decision of Parks, Recreation & Open Space Commission’s September 8, 2022 decision approving street tree removals located at 1431 and 1433 Washington Avenue CEQA:
The project is Categorically exempt from California Environmental Quality Act (CEQA) pursuant to Section 15301 “Existing Facilities” and Section 15302 “Replacement or Reconstruction” of the CEQA Guidelines. 9-1 _Staff Report - 1431-33 Washington Tree Removal Appeal 9-1 Att 1 - RESO 2022-114 - Tree Removal
9-1 Att 2 - City Tree Removal Policy and Procedures
9-1 Att 3 - SR Tree Removals PROS 2022-09-08
9-1 Att 4 - Removal Appeal
9-1 Att 5 - Tree Risk Assessment_October 2022
9-1 Public Comment - Updated 20221107 345PM
10. UNFINISHED BUSINESS
11. NEW BUSINESS
11‑1.
Advisory Body Work Plan Status Reports
Staff recommendation: that the Council review the Work Plan Status Reports from City Council Advisory Bodies and provide direction to staff on any next steps 11-1 _Staff Report - Adv Bodies WorkPlan Status Reports 11-1 Att1-Advisory Bodies to City Council
11-1 Att2-AC Work Plan 21-23 Status Update 10282022
11-1 Att3-CRC Work Plan 2021-2023 Status Report 2022
11-1 Att4-CAC Work Plan Status Report for Council
11-1 Att5-CMAC Work Plan Status Report 2021-23
11-1 Att6-EDC Work Plan 2021-2023 Status Update
11-1 Att7-FAC Work Plan Status Report 2022
11-1 Att8-PROSC 2021-2023 Work Plan Status Update 2022.10.13 11-1 Att9-PZ Work Plan Status Report
11-1 Att10-SEJC Work Plan 2021-2023 - Status Report 2022.10 11-1 Att11-TC 2021-2023 Work Plan Status Report
11‑2.
Amendment to City Council Procedures & Policies Regarding Mayor and Vice Mayor Appointment Procedures Mayor Jordan recommendation: that the Council approve the amendment to its Procedures and Policies Section L-1(d) regarding the Mayor and Vice Mayor appointment procedures _Preston Memo - Mayoral Selection Procedures
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 Veterans Day – Friday, November 11, 2022 (City Offices Closed) Upcoming City Meetings
1. City Council Special Meeting, Wednesday, November 9, 7:00 PM, City Hall Council Chambers
2. Parks, Recreation & Open Space Commission Meeting, Thursday, November 10, 7:00 PM, City Hall Council Chambers
3. Arts Committee Meeting, Monday, November 14, 7:00 PM, Virtual Meeting via phone/video conferencing
4. Climate Action Committee Meeting, Wednesday, November 16, 7:00 PM, Virtual Meeting via phone/video conferencing
5. Charter Review Committee Meeting, Thursday, November 17, 7:00 PM, Virtual Meeting via phone/video conferencing
6. City Council Meeting, Monday, November 21, 7:00 PM, City Hall Council Chambers
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.