Meeting
Albany City Council
1000 San Pablo Avenue
Albany, CA 94706
Monday, September 19, 2022

SPECIAL & REGULAR MEETING AGENDA (AMENDED)
Monday, September 19, 2022 
6:15 PM – Special Meeting
7:00 PM – Regular Meeting
 
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. Meetings 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.
SPECIAL MEETING - CLOSED SESSION: 6:15 PM
1.
CALL TO ORDER / ROLL CALL
2.
CLOSED SESSION
2‑1.
Conference with Legal Counsel - Existing Litigation (Gov. Code 54956.9(d)(1).)
City of Albany v. Albany Lions Club, Lions International, et al.
Alameda County Superior Court, Case No. 22CV010822
3.
ADJOURNMENT OF SPECIAL MEETING - CLOSED SESSION
REGULAR MEETING: 7:00 PM
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.
Proclamation – 114th Anniversary of the City of Albany 
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 – September 6, 2022
Staff recommendation: Approve
7‑2.
Ratification of Payroll – Date Paid 9/9/2022: Net Amount $350,059.57, Taxes/Benefits/Deductions $372,070.16, Total Payroll $722,129.73
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 $1,505,248.71 (8/26/2022), $98,818.55 (9/2/2022), $552,534.07 (9/9/2022)
Staff recommendation: Ratify
7‑4.
Advisory Body Appointment/Resignation:
  • Joby Thomas appointed by Vice Mayor Tiedemann to the Charter Review Committee
  • KZ Zapata appointed by Council Member Gary resigned from the Social & Economic Justice Commission
Staff recommendation: Information item
7‑5.
Advisory Body Appointment for City Council Ratification: 
  • Sandy Reek recommended for appointment to the Planning & Zoning Commission by Council Member Gary
Council Member Gary recommendation: Ratify
7‑6.
Advisory Body Appointment by the City Council as a Whole per Albany Municipal Code Section 2-1.2: 
  • Carl Wilmsen recommended for appointment to the Social & Economic Justice Commission by Mayor Jordan
Mayor Jordan recommendation: that the Council appoint Carl Wilmsen to the Social & Economic Justice Commission
7‑7.
Updated Salary Schedule for City of Albany Employees
Staff recommendation: that the Council adopt Resolution No. 2022-99, approving an updated salary schedule for City employees
7‑8.
Annual Sewer Rehabilitation Program (CIP No. 32000)
Contract No. C21-07 Amendment #2 for 2023 Annual Sewer Rehabilitation Project - Additional Engineering Design Services
Staff recommendation: that the Council adopt Resolution No. 2022-100, authorizing the City Manager to execute Contract Amendment #2 to Contract No. C21-07 with Nute Engineering in the not-to-exceed amount of $266,220 to add the 2023 Annual Sewer Rehabilitation Project using funds previously appropriated for the Annual Sewer Rehabilitation Program (CIP No. 32000)
8.
PRESENTATION
9.
PUBLIC HEARING
10.
UNFINISHED BUSINESS
10‑1.
In-Street Parklet Program
Staff recommendation: that the Council
  1. Adopt Resolution No. 2022-101, establishing parklet program guidelines
  2. Incorporate the annual fee for parklets into a future fee schedule amendment
  3. Set March 31, 2023 as the date at which existing temporary parklet permits will expire
  4. Direct staff on enforcement mechanisms

Economic Development Committee recommendation: that the Council approve the parklet program guidelines as shown with the inclusion of a limit to two parking spaces for parklet applications on a block that already has parklets utilizing 40% or more of the previously available vehicle parking spaces

Planning & Zoning Commission recommendation: that the Council approve the parklet program guidelines

Transportation Commission recommendation: that the Council approve the parklet program guidelines as shown with the exclusion of a limit to two parking spaces for parklet applications on a block that already has parklets utilizing 40% or more of the previously available vehicle parking spaces
11.
NEW BUSINESS
11‑1.
First Reading of Ordinance No. 2022-06 to Amend Albany Municipal Code Section 9-1.3 to Reduce Speed Limit on Solano Avenue 
Staff recommendation: that the Council introduce and waive first reading of Ordinance No. 2022-06 to amend Albany Municipal Code Section 9-1.3 to establish a 20 miles per hour speed limit on Solano Avenue between Madison Street and the eastern city limits

Transportation Commission recommendation: that the Council adopt an ordinance establishing a 20 miles per hour speed limit for Solano Avenue
11‑2.
Request for FilmFest Sponsorship by FilmFest Organizers
Staff recommendation: that the Council:
  1. Consider the request for sponsorship from FilmFest organizers; and
  2. Provide direction to staff on the sponsorship of the event with the adoption of Resolution No. 2022-102
11‑3.
Advisory Body Work Plan Item Status
Mayor Jordan recommendation: that the Council direct each Advisory Body to provide the status of each item in its work plan for the Council’s consideration at one or both of its meetings in its meetings in November
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
Upcoming City Meetings
 
1. Climate Action Committee Meeting, Wednesday, September 21, 7:00 PM, Virtual Meeting via phone/video conferencing
2. Transportation Commission Meeting, Thursday, September 22, 7:00 PM, Virtual Meeting via phone/video conferencing
3. Planning & Zoning Commission Meeting, Wednesday, September 28, 7:00 PM, Virtual Meeting via phone/video conferencing
4. City Council Meeting, Monday, October 3, 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.