Meeting
Albany City Council
City Hall Council Chambers
1000 San Pablo Ave., Albany, CA
Tuesday, February 21, 2023
SPECIAL & REGULAR MEETING AGENDA
Tuesday, February 21, 2023
6:00 PM – Special Meeting
7:00 PM – Regular Meeting
https://albanyca.zoom.us/webinar/register/87852424530
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.
SPECIAL MEETING - OPEN SESSION: 6:00 PM
1. CALL TO ORDER / ROLL CALL
2. STUDY SESSION
2‑1.
Study Session on Proposed Seismic Safety Soft Story Retrofit Program Staff Recommendation: That the Council provide feedback on a proposal for a mandatory soft story retrofit ordinance 2-1 _Staff Report - Soft Story
2-1 Att 1-Albany housing breakdown
2-1 Att 2-July 19th, 2021 Staff Report
2-1 Public Comment - Received Through 20230221 5PM
3. ADJOURNMENT OF SPECIAL MEETING - OPEN SESSION
REGULAR MEETING: 7:00 PM
1. CALL TO ORDER
“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. 6 Public Comment updated 20230221 5PM
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 – February 6, 2023
Staff Recommendation: Approve
CC2023-02-06 Minutes DRAFT
7‑2.
Ratification of Payroll – Date Paid 2/10/2023: Net Amount $353,969.07, Taxes/Benefits/Deductions $377,814.20, Total Payroll $731,783.27 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 $425,340.09 (2/3/2023), $830,052.76 (2/10/2023) Staff Recommendation: Ratify
20230210 Council pkt SIGNED
20230203 Council pkt SIGNED
7‑4.
Advisory Body Appointments:
Brad Carlton by Council Member Hansen-Romero to the Arts Committee Mark Meldgin by Council Member Hansen-Romero to the Climate Action Committee James Bensman by Vice Mayor Miki to the Parks, Recreation & Open Space Commission Staff Recommendation: Information Item
7‑5.
Advisory Body Appointment Recommendations for City Council Ratification:
Kyle Bowman recommended for appointment to the Financial Advisory Committee by Mayor Tiedemann Mark Priven recommended for appointment to the Financial Advisory Committee by Council Member Hansen-Romero Gregory Downs recommended for appointment to the Policing Commission by Mayor Tiedemann Council Member Hansen-Romero and Mayor Tiedemann Recommendation: Ratify 7‑6.
CIP No. 32000 – 2021 Sanitary Sewer Rehabilitation Project – UPRR/USDA CIPP Lining (C21-35) – Project Completion Staff Recommendation: That the Council adopt Resolution No. 2023-05, authorizing the City Manager to:
Approve Contract Change Order #2 to Contract No. C21-35; Accept the improvements completed in Contract No. C21-35; and File the Notice of Completion with the County Recorder’s Office 7-6 _Staff Report-Project Acceptance Feb 21, 23
7-6 Att 1_Reso 2022-05 - C21-35 Closeout, CO#2 and NOC
7-6 Att 2_Final_Project_Budget_Summary
7-6 Att 3_C21-35_CCO#2 - Final Quantities)-signed
7-6 Att 4_Notice_of_Completion (C21-35)
7-6 Att 5_Project Maps
7‑7.
CIP No. 32000 – 2021 Sanitary Sewer Rehabilitation – Various Locations Project (C21-57) – Project Completion Staff Recommendation: That the Council adopt Resolution No. 2023-06, authorizing the City Manager to:
Approve Contract Change Order #2 to Contract No. C21-57; Accept the improvements completed in Contract No. C21-57; and File the Notice of Completion with the County Recorder’s Office 7-7 _Staff Report-C21-57 Closeout and CCO
7-7 Att 1_Reso 2022-06 - C21-57 Closeout, CO#2 and NOC
7-7 Att 2_Final_Project_Budget_Summary
7-7 Att 3_C21-57_CCO2_Final Quantities (2021 SSRP-VL)
7-7 Att 4_Notice_of_Completion (C21-57)
7-7 Att 5_Project Map
7‑8.
Annual Sidewalk Rehabilitation Program (CIP No. 22000) – Authorize Call for Bids for Sidewalk Repair Phase 7 (C23-09) Staff Recommendation: That the Council adopt Resolution No. 2023-07, authorizing the City Manager to approve a Call for Bids for Phase 7 of the Annual Sidewalk Rehabilitation Project, Contract No. C23-09 7-8 _Staff Report - Phase 7 Call for Bids
7-8 Att 1 Reso 2023-07 Call for Bids Phase 7
7-8 Att2_Phase 7 TC Mtg Presentation 1-2023
7-8 Att3_Phase 7 Repair Map
7-8 Att4_Phase 7 Plans compressed
7-8 Att5_Phase 5-6 Construction Photos
7‑9.
City Sponsorship of Solano Avenue Association Solano Stroll and Stroll-ish Events Staff Recommendation: That the Council adopt Resolution No. 2023-08, providing a financial contribution of $45,000 from the City’s American Rescue Plan Act funds to sponsor the Solano Avenue Association 2023 Solano Stroll and Stroll-ish events 7-9 _Staff Report - SAA Sponosorship Request 2023
7-9 Att1 - Reso 2023-08
8. PRESENTATION
9. PUBLIC HEARING
9‑1.
Public Hearing of the City Council to Consider Adoption of the 2023-2031 General Plan Housing Element and Approval of an Addendum to the 2016 General Plan Environmental Impact Report Staff Recommendation: That the Council adopt Resolution No. 2023-09:
Approving an Addendum to the 2035 Albany General Plan EIR; Adopting the Albany 2023-2031 Housing Element, including findings of substantial compliance with the California Government Code; Authorizing staff to submit the adopted Housing Element to the State Department of Housing and Community Development for a compliance determination Planning & Zoning Commission Recommendation:
With Planning & Zoning Commission Resolution No. PZC 2023-01, the Planning & Zoning Commission recommends that the Council:
Adopt the Addendum to the 2035 Albany General Plan EIR
Repeal the 2015-2023 Housing Element in its entirety.
Approve the Adoption Draft Housing Element in substantially the form attached hereto as Exhibit “E”.
Authorize the Community Development Director to immediately submit Exhibits “A” through “E” to HCD, with a request for a compliance determination.
Authorize the Community Development Director to make any non-substantive changes to the Housing Element that may be required by the State to achieve certification or that may be necessary to ensure internal consistency with other planning documents.
Authorize the Community Development Director to distribute copies of the Housing Element in the manner provided in Government Code Sections 65357 (requiring that copies be provided to specific public entities and persons submitting comments) and 65589.7 (requiring that copies be submitted to water and sewer service providers) 9-1 _CCStaff Report-AlbanyHousingElement-022123
9-1 Att 1 CC Reso 2023-09 Adoption of Housing Element
9-1 Att 1.A HCD Draft Housing Element Review Letter
9-1 Att 1.B Responses to HCD Comments-Final
9-1 Att 1.C Conformance of Housing Element with State Law Requirements 9-1 Att 1.D Housing Element-021023Edition-TRACKED
9-1 Att 1.E Housing Element-021023Edition-CLEAN
9-1 Att 1.F Draft Addendum to General Plan EIR 2023-02-15 9-1 Att 1.G P&Z 20230208 APPROVED Reso PZC2023-01 Housing Element 9-1 Att 2 Compendium of Public Comments
9-1 Public Comment - Received Through 20230220
9-1 Public Comment - Received 20230221 1PM-5PM
10. UNFINISHED BUSINESS
10‑1.
Council Ad-Hoc Committee Report Regarding the Social & Economic Justice Commission Council Ad Hoc Committee (Council Members Hansen-Romero and López) Recommendation: That the Council move to sunset the name/branding of the Social & Economic Justice Commission (SEJC), and approve the creation of the Racial Inclusivity & Social Equity (RISE) Commission. Moreover, we recommend a reduction in anticipated work plan items, relative to the previous SEJC workplan. The workplan items for the proposed RISE Commission will be determined at a later council meeting, pending approval of this respective recommendation 10-1 SEJC_RISE_Memo
11. NEW BUSINESS
12. COUNCIL SUBCOMMITTEE REPORTS, REPORTS ON APPOINTED REPRESENTATION OF ALBANY, AND OTHER MEETINGS AND EVENTS Council Subcommittees report, if they have met, and 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 community members who represent Albany at such meetings to report as well.
A written report of meetings attended provided to staff is encouraged 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
Tiedemann
Miki
Alameda County Transportation Commission
Jordan
Miki
Alameda County Waste Management Authority
Hansen-Romero
Jordan
Association of Bay Area Government
Tiedemann
Jordan
East Bay Community Energy JPA Board
Tiedemann
López
East Bay Sports Field Recreational Authority JPA
Miki
Hansen-Romero
Housing Authority of Alameda County
McQuaid
N/A
League of California Cities (East Bay)
Miki
López
Alameda County Mosquito Abatement District
López
N/A
Alameda County Library Advisory Commission
Jordan
Tiedemann
Rausser College of Natural Resources Dean’s Advisory Committee on the Gill Tract (DAC) López
N/A
Police & Fire Pension Fund Board
Tiedemann
Miki
Alameda County Paratransit Advisory & Planning Committee (PAPCO) (vacant)
N/A
12-1 _HACA Report 2023-02-08.pdf
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. Planning & Zoning Commission Meeting, Wednesday, February 22, 7:00 PM, City Hall Council Chambers
2. Transportation Commission Meeting, Thursday, February 23, 7:00 PM, City Hall Council Chambers
3. Financial Advisory Committee Meeting, Wednesday, March 1, 7:00 PM, City Hall Council Chambers
4. City Council Meeting, Monday, March 6, 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.
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/87852424530
.
T
o
join
by
phone
via
Zoom,
please
call
at
the
noticed
meeting
time
1 (669) 900-9128.
Webinar ID 878 5242 4530. 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 when public comment is being taken. 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 when public comment is being taken. You will be asked to unmute yourself by pressing *6
when it is your turn to make your comment. You will be re-muted after the allotted time.