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Agenda packet

Albany City Council
December 12, 2022

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Agenda packet
Meeting
December 12, 2022
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Albany City Council
Original file
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Text extracted from the city's file for reading and search. Open the original on albanyca.primegov.com. That file is the official record.

Albany City Council Special Meeting - 12/13/2022 1:00:00 AM Albany City Council
1000 San Pablo Avenue
Albany, CA 94706
Monday, December 12, 2022

SPECIAL MEETING AGENDA
Monday, December 12, 2022, 5:00 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 3 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 3 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 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. 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. 3‑1.

Consider Brown Act Demand Letter to Cure Alleged Violations and Revoke Certain Actions Related to Sunsetting Advisory Committees from the December 5, 2022 City Council Meeting Staff recommendation: that the Council direct the City Attorney to send a response letter pursuant to Government Code section 54960.1(c)(2), of the City Council’s determination that the Demand Letter incorrectly asserts Brown Act violations where no violations occurred, and as such, the City Council need not cure or correct the challenged action 3-1 _Staff Report - Brown Act Demand to Cure-c1
3-1 Att 1 - Demand Letter, Email received 2022.12.07
3-1 Public Comment - Updated 20221212 12PM
3‑2.

Certification of the Official Results of the General Municipal Election Held on November 8, 2022 Staff recommendation: that the Council acknowledge the receipt of the Certificate of Election Results with a copy of the Official Canvass and adopt Resolution No. 2022-137, declaring results of the General Municipal Election held on November 8, 2022 3-2 _Staff Report - 2022 Certification of Election Results 3-2 Att 1 - Reso 2022-137 Declaring the Results of the General Municipal Election - REVISED 3-2 Att 2 - Exhibit A to Reso - Cert Election Results & Canvass 3‑3.

Resolution No. 2022-138, Appointing Jennifer Hansen-Romero to the City Council Staff recommendation: that the Council adopt Resolution No. 2022-138, appointing Jennifer Hansen-Romero to the City Council for a term of 2 years 3-3 _Staff Report - Council Appointment
3-3 Att 1 - Reso 2022-138 Appointing Jennifer Hansen-Romero to the City Council

4. CEREMONIAL MATTERS
4‑1.

Resolutions of Appreciation for Council Member McQuaid and Council Member Nason for their Services on the Albany City Council 4-1 Reso 2022-139 In Appreciation of Council Member McQuaid 4-1 Reso 2022-140 In Appreciation of Council Member Nason 4-1 Public Comment - Updated 20221212 12PM
4‑2.

Ceremonial Oath of Office for Newly Elected and Appointed Members of the City Council – John Anthony Miki, Robin D. López, and Jennifer Hansen-Romero 4-2 Public Comment - Updated 20221212 12PM

5. NEW BUSINESS
5‑1.

City Council Reorganization and Appointment of Mayor and Vice Mayor Staff recommendation: that the Council reorganize, appoint members of the City Council to the positions of Mayor and Vice Mayor for a one-year term per the process in the adopted City Council Procedures & Policies, and affirm the Mayoral rotation queue updated based on the election results 5-1 _Staff Report - Council Reorganization 2022.12.12
5-1 Att 1 - Mayoral rotation queue list 2022-2023

6. ADJOURNMENT
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.

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