Agenda — Albany City Council, December 5, 2022

Albany City Council
1000 San Pablo Avenue
Albany, CA 94706
Monday, December 05, 2022
AGENDA (AMENDED)
Monday, December 05, 2022, 7:00 PM
COVID19 NOTICE – PUBLIC MEETING GUIDELINES
AlbanyCity Council meetings are conductedin 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 technologywill be uninterrupted,and technicaldifficultiesmay 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/97970114482to join virtually.Or to join by phonevia 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/meetingsor on YouTube(www.YouTube.com/AlbanyKALB). Recordingof the meetingsare usually available for viewing 24 hours after the meeting.

3. Meetings are broadcast live and re broadcast on local TV – Albany KALB Channel.

How to submit Public Comment:

1. Members of the public may attend City Council meetings inperson 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 remuted.

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 remuted after the allotted time.

1. CALL TO ORDER
The following Land Acknowledgment 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 – In Support of Human Rights in Iran & in Recognition of Human Rights Day and Human Rights Month
4‑2. Albany CERT (Community Emergency Response Team) Training Graduation

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 –
November 9, 2022
November 15, 2022
November 21, 2022
Staff recommendation: Approve
7‑2. Ratification of Payroll – Date Paid 11/18/2022: Net Amount $358,004.94, Taxes/Benefits/Deductions $366,972.05, Total Payroll $724,976.99 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 $294,363.70 (11/18/2022)
Staff recommendation: Ratify
7‑4. Proclamation – AIDS Awareness Month
Council Member McQuaid recommendation: that the Council proclaim December 2022 as AIDS Awareness Month
7‑5. Resolution and Letter In Support of Port Chicago 50 Council Members Nason & McQuaid recommendation: that the Council adopt Resolution No. 2022121 in support of all efforts to exonerate the Port Chicago 50 and authorize submittal of the Letter of Support 7‑6. 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. 2022122, allowing for video and teleconference meetings during the COVID19 state of emergency under AB 361
7‑7. Charter Review Committee Memo on Youth Voting
Charter Review Committee recommendation: Information item 7‑8. Conflict of Interest Code Update
Staff recommendation: that the Council adopt Resolution No. 2022123, approving and adopting the amended Conflict of Interest Code pursuant to the Political Reform Act of 1974
7‑9. California’s Net Energy Metering (NEM) Program
Climate Action Committee Recommendation: that the Council adopt Resolution No. 2022124, supporting strong incentives for solar generation through California’s Net Energy Metering (NEM) Program 7‑10. Update to the City Council Procedures & Policies – Purchasing Policy Staff recommendation: that the Council adopt Resolution No. 2022125, updating the City Council Procedures & Policies – Purchasing Policy 7‑11. Award Contract No. C2272 to Environmental Science Associates (ESA) for Preparation of a LongTerm Flood Protection Plan for the Albany Bulb
Staff recommendation: that the Council adopt resolution No. 2022126:

1. Authorizing the City Manager to award Contract No. C2272 to ESA in the amount of $99,943 to prepare a LongTerm Flood Protection Plan including a vulnerability assessment and adaptation plan for protection of the Albany Bulb from sealevel rise; and

2. Appropriating $115,000 from the General Fund to support the project
7‑12. Annual Sidewalk Rehabilitation Program (CIP No. 22000) Phase 5 & 6 – Contract No. C2214 Closeout and Filing of Notice of Completion Staff recommendation: that the Council adopt Resolution No. 2022127, authorizing the City Manager to:

1. Approve Contract Change Order #3 (CCO#3); and

2. Accept the improvements completed in Contract No. C2214; and

3. File the Notice of Completion with the County Recorder’s Office 7‑13. Annual Street Rehabilitation Program (CIP No. 21000) 2022 Pavement Rehabilitation Project – Approval of Contract Change Order (CCO) #1 to Contract No. C2230 and Approval of a Rainbow Crosswalk at Solano Avenue and Talbot Avenue
Staff recommendation: that the Council adopt Resolution No. 2022128:

1. Approving additional installation of a rainbow crosswalk at the southern crossing of the Solano Avenue and Talbot Avenue intersection, and

2. Authorizing the City Manager to execute CCO #1 to Contract No.

C2230 in the amount of $115,965.60 using funds previously appropriated as part of the City’s Annual Street Rehabilitation Program (CIP No. 21000)
CEQA: This project consists of rehabilitation of existing streets and is determined to be categorically exempt under CEQA (California Environmental Quality Act) Guideline Section 15301 Existing Facilities. 7‑14. CIP No. 51009: Fire Station Rollup Door Replacement Staff recommendation: that the Council adopt Resolution No. 2022129 appropriating funds in the amount of $22,000 to replace the six rollup door openers at the Fire Station (CIP No. 51009) from the City’s Building Reserve Fund (Fund 2007)

8. PRESENTATION
8‑1. TwoYear Mobile Crisis Team Pilot Program and Ambulance Transport Funding
Staff recommendation: that the Council:

1. Receive a presentation by Bonita House, Inc. on services to be provided for the 2year Mobile Crisis Team Pilot Program.

2. Adopt Resolution No. 2022130, appropriating grant funds, at a cost nottoexceed $650,000, to establish a 2year Mobile Crisis Team Pilot Program and utilization of private ambulance services to transport persons in crisis who are placed on a mental health hold

9. PUBLIC HEARING

10. UNFINISHED BUSINESS
10‑1. Changes to Advisory Bodies to the City Council
That the Council consider adoption of the following resolutions regarding Advisory Bodies to the City Council:

1. Resolution No. 2022131, directing the Social & Economic Justice Commission to focus on serving as advisory to the City Council regarding implementation of the City’s Housing Element

2. Resolution No. 2022132, sunsetting the City’s Charter Review Committee

3. Resolution No. 2022133, sunsetting the City’s Community Media Access Committee

4. Resolution No. 2022134, sunsetting the City’s Economic Development Committee

5. Resolution No. 2022136, revising the meeting frequency of the City’s Financial Advisory Committee

11. NEW BUSINESS
11‑1. Amendments to Green Building Requirements
Staff recommendation: that the Council adopt Resolution No. 2022135, amending the City of Albany Green Building Requirements CEQA: The proposed amendment to Green Building Requirements does not involve a commitment to or require a significant physical change in future projects, and thus is not a “project” and is categorically exempt from California Environmental Quality Act (CEQA) Guidelines under Section 15378
Climate Action Committee recommendation: that the Council adopt a resolution to amend the City of Albany Green Building Requirements Planning & Zoning Commission recommendation: that the Council adopt a resolution to amend the City of Albany Green Building Requirements with an edit changing the electric vehicle charging requirement from 20% to 25%

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   – Tiedemann
East Bay Community Energy JPA
Board Tiedemann Jordan
East Bay Sports Field Recreational
Authority JPA Nason   –
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   – (vacant)
Alta Bates Hospital Task Force McQuaid/Nason N/A
Rausser College of Natural Resources
Dean’s Advisory Committee on the Gill
Tract (DAC)
– 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

1. End of the Year City Offices Closure – Monday, December 26, 2022 through Monday, January 2, 2023. City offices will resume normal office hours on Tuesday, January 3, 2023
Upcoming City Meetings

1. Social & Economic Justice Commission Meeting, Tuesday, December 6, 7:00 PM

2. Parks, Recreation and Open Space Commission Meeting, Thursday, December 8, 7:00 PM

3. City Council Special Meeting, Monday, December 12, 5:00 PM

4. Arts Commission Meeting, Monday, December 12, 7:00 PM

5. Planning & Zoning Commission Meeting, Wednesday, December 14, 7:00 PM

6. City Council Meeting, Monday, December 19, 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.
12/05/2022
1 City Council