Meeting
Albany City Council
Virtual Meeting
Albany, CA 94706
Monday, October 18, 2021

AGENDA
Monday, October 18, 2021, 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 for public meetings, 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, enter Webinar ID 979 7011 4482, followed 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 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
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.
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 4, 2021
 
Staff recommendation: Approve
7-2.
Ratification of Payroll – Date Paid 10/8/2021 Net Amount $323,340.20, Taxes/Benefits/Deductions $329,576.78, Total Payroll $652,916.98
 
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 $75,608.88 (10/1/2021), $435,705.70 (10/8/2021)
 
Staff recommendation: Ratify
7-4.
Proclamation – World Polio Day
 
Council Member McQuaid recommendation: that the Council approve the proclamation in recognition of World Polio Day – October 24, 2021
7-5.
Updated Salary Schedule for City of Albany Employees
 
Staff recommendation: that the Council adopt Resolution No. 2021-101, approving an updated Salary Schedule for City employees
7-6.
Amending the City Master Fee Schedule to remove the fee for new street trees and associated concrete removal for planting
 
Staff recommendation: that the Council adopt Resolution No. 2021-102, amending the City Master Fee Schedule to remove the fee for new street trees and associated concrete removal for planting to make trees free for requestors and funded by Measure DD revenue
7-7.
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. 2021-103, allowing for video and teleconference meetings during the COVID-19 state of emergency under AB 361
7-8.
Automatic Emergency Substitute Designation for City Council Members
 
Vice Mayor Jordan recommendation: that the Council ask staff to prepare a resolution that will automatically designate each Council member’s emergency alternates as their Planning and Zoning Commission appointee, Transportation Commission appointee, and Parks, Recreation, and Open Space appointee, in that order. If the Council so asks, and subsequently adopts the resolution, amend the Council Procedures & Policies accordingly
7-9.
CIP No. 32000 – 2020 Sanitary Sewer Rehabilitation
Project-Phase C Closeout (C21-22) and Filing of Notice of Completion
 
Staff recommendation: that the Council adopt Resolution No. 2021-104, authorizing the City Manager to accept the improvements completed in Contract No. C21-22 (2020 Sanitary Sewer Rehabilitation Project-Phase C) and file the Notice of Completion with the County Recorder’s Office
7-10.
Advisory Body Appointment – Harshita Mira Venkatesh appointed by Council Member Tiedemann to the Climate Action Committee
 
Staff recommendation:  informational only
8.
PRESENTATION
8-1.
Review of Advisory Body Work Plan
 
Staff recommendation: that the Council:
  1. Receive presentation regarding the work plan developed by the Planning & Zoning Commission
  2. Provide any comments or direction regarding the proposed work plan
  3. Approve work plan for implementation by the Advisory Body
8-2.
Update on Eucalyptus on Albany Hill and Authorization of Funding for the Albany Hill Eucalyptus Project (CIP No. 41015)
 
Staff recommendation: that the Council receive the presentation, and adopt Resolution No. 2021-105, authorizing establishment of the Albany Hill Eucalyptus Project (CIP No. 41015) and appropriating $100,000 from remaining Measure R capital funds for the project
9.
PUBLIC HEARING
9-1.
PA21-002 Design Review, Density Bonus & Street Tree Removal for a New Mixed-Use Development at 540 San Pablo Avenue
 
Planning & Zoning Commission recommendation: the Planning & Zoning Commission adopted Planning & Zoning Resolution No. 2021-02 (5-0 vote) and 2021-03 (4-1 vote) on September 29, 2021, forwarding a recommendation to the City Council to determine the project is categorically exempt from CEQA and forwarding a recommendation to approve the Density Bonus and Design Review project entitlements

Parks, Recreation & Open Space Commission recommendation: the Parks, Recreation and Open Space Commission with a 5-0 vote forwards a recommendation to the City Council to approve the street trees removal request

Staff recommendation: that the Council adopt:
  1. Resolution No. 2021-106, determining the project is categorically exempt from the California Environmental Quality Act Guidelines 
  2. Resolution No. 2021-107, approving Design Review, Density Bonus and Street Tree Removal for the 540 San Pablo Avenue mixed-use development
9-2.
Urgency Ordinance No. 2021-10 Revising the Repayment Period for Unpaid Rent and Rent Increases under the Commercial Moratorium on Evictions during COVID-19 Pandemic
 
Staff recommendation: by a four-fifths vote, that the Council adopt Urgency Ordinance No. 2021-10 to revise the repayment period for unpaid rent and rent increases under the commercial eviction moratorium during the COVID-19 pandemic and setting forth the facts constituting such urgency 
10.
UNFINISHED BUSINESS
11.
NEW BUSINESS
11-1.
Multi-Family Electric Vehicle Charging Pilot Program
 
Climate Action Committee recommendation: that the Council approve the program and fund from Measure DD revenue

Staff recommendation: that the Council authorize staff to create the Multi-Family Electric Vehicle Charging Pilot Program, and fund and track the program with revenues associated with measure DD
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 Gary Jordan
Alameda County Transportation Commission Nason Jordan
Alameda County Waste Management Authority Jordan Jordan
Association of Bay Area Government Tiedemann Gary
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 Tiedemann
Alta Bates Hospital Task Force McQuaid Nason
Alameda County Library Advisory Commission Gary (vacant)
City/AUSD/UC - 2X2X2 Gary Jordan
Police & Fire Pension Fund Board Gary McQuiad
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.
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. Community Task Force on Policing Meeting, Tuesday, October 19, 7:00 PM, Virtual Meeting via phone/video conferencing
2. Climate Action Committee Meeting, Wednesday, October 20, 7:00 PM, Virtual Meeting via phone/video conferencing
3. Community Media Access Committee Meeting, Monday, October 25, 7:00 PM, Virtual Meeting via phone/video conferencing
4. Police and Fire Pension Board Meeting, Tuesday, October 26, 4:30 PM, Virtual Meeting via phone/video conferencing
5. Transportation Commission Meeting, Thursday, October 28, 7:00 PM, Virtual Meeting via phone/video conferencing
6. City Council Meeting, Monday, November 1, 7:00 PM, Virtual Meeting via phone/video conferencing
15.
ADJOURNMENT

 
Per City Council Resolution No. 09-1, 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.


The City of Albany is dedicated to maintaining its small town ambience, responding to the needs of a diverse community, and providing a safe, healthy and sustainable environment.
 
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.