Meeting
Albany City Council
City Hall Council Chambers
1000 San Pablo Ave., Albany, CA 
Monday, June 03, 2024

AGENDA
Monday, June 03, 2024, 7:00 PM
https://albanyca.zoom.us/s/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. Unless required by the Brown Act, City Council meetings will continue despite technical difficulties for participants using the teleconferencing option.
                                                                                                                              
1.
CALL TO ORDER / LAND ACKNOWLEDGEMENT

“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 – LGBTQIA+ Month
4‑2.
Proclamation and Certificate of Recognition – Albany Middle School Girls Soccer Team
5.
CITY MANAGER REPORT
The City Manager provides verbal and/or written reports regarding matters of interest to the Council.
Information available on City website weekly eNews – https://www.albanyca.org/our-city/city-news. 
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 may be 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 – May 20, 2024
Staff Recommendation: Approve
7‑2.
Ratification of Payroll – Date Paid 5/3/2024: Net Amount $408,726.01, Taxes/Benefits/Deductions $440,177.75, Total Payroll $848,903.76
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 $433,198.04 (5/17/2024), $640,726.09 (5/24/2024)
Staff Recommendation: Ratify
7‑4.
Advisory Body Resignations:
  • Emily Chen appointed by Vice Mayor López resigned from the Arts Committee
  • Ife Fane appointed by Council as a Whole resigned from the Racial Inclusivity and Social Equity Commission
Staff Recommendation: Information item
7‑5.
Advisory Body Appointments for City Council Ratification – Housing Advisory Commission:
  • Katy Rose de Leon (Renter)
  • Peter Maass
  • Margie Marks
  • Rossanna Ramirez (School Affiliated)
  • JoAnne Skinner (Housing Provider)
City Council Ad Hoc Subcommittee Recommendation: Ratify
7‑6.
Calling for a General Municipal Election, Requesting Consolidation with the Statewide General Election, and Adopting Regulations for Candidates for Elective Offices for the November 5, 2024 Election
Staff Recommendation: That the Council adopt:
  1. Resolution No. 2024-34, calling and giving notice for the holding of a general municipal election on Tuesday, November 5, 2024, for the election of Members of the City Council and Members of the Board of Education using ranked choice voting (RCV) at large; and
  2. Resolution No. 2024-35, requesting the Board of Supervisors of the County of Alameda to consolidate a general municipal election to be held with the Statewide General Election on Tuesday, November 5, 2024; and
  3. Resolution No. 2024-36, adopting regulations for candidates for elective offices administered by the local elections official pertaining to candidate statements submitted to the voters
7‑7.
Transmittal of Investment Reports for 4th Quarter 2023 and 1st Quarter 2024
Staff Recommendation: Report is for informational purposes only. No action required
7‑8.
Approval of Contract Change Order #1 to Contract No. C24-12 for GSI Environmental for Implementation of Site Investigation Work Plan for Alum Mud at the Albany Bulb and General Fund Budget Appropriation
Staff Recommendation: That the Council adopt Resolution No. 2024-37:
  1. Authorizing City Manager to execute CCO #1 to Contract No. C24-12 in the amount of $328,300 to implement a site investigation work plan; and
  2. Appropriating $378,700 from the General Fund to support the project
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
The project is Categorically Exempt from California Environmental Quality Act (CEQA) pursuant to Section 15308 “Actions by Regulatory Agencies for Protection of the Environment” of the CEQA Guidelines
7‑9.
Watershed Management Plan Update (CIP No. 30001) – Award of Professional Services Contract No. C24-32 and Appropriation of NPDES Storm Water Funds and Measure F Street & Storm Drain Tax Funds
Staff Recommendation: That the Council adopt Resolution No. 2024-38:
  1. Authorizing the City Manager to award Contract No. C24-32 for professional services to Wood Rodgers in the not-to-exceed amount of $441,708.00 for an update to the City’s Watershed Management Plan; and
  2. Appropriating $276,000 in NPDES (National Pollutant Discharge Elimination System) Storm Water Fee revenues and $60,000 in Measure F Street & Storm Drain Improvement funds to supplement existing project budget for the Watershed Management Plan Update (CIP No. 30001)
7‑10.
Initiating Proceedings, Approval of Annual Reports, and Intention to Levy and Collect Assessments in Assessment District No. 1988-1 for Fiscal Year 2024/25, and Setting a Public Hearing for June 17, 2024
Staff Recommendation: That the Council:
  1. Adopt Resolution No. 2024-39, Initiating Proceedings for the Levy and Collection of assessments for the Landscaping and Lighting Assessment District 1988-1 for Fiscal Year 2024/25
  2. Adopt Resolution No. 2024-40, Approving the Annual Report for the Landscaping and Lighting Assessment District No. 1988-1 for Fiscal Year 2024/25
  3. Adopt Resolution No. 2024-41, A Resolution of Intention to Levy and Collect Assessments for the Landscaping and Lighting Assessment District No. 1988-1 for Fiscal Year 2024/25. Pursuant to the Landscaping & Lighting Act of 1972, set a public hearing for June 17, 2024 on the proposed assessment
7‑11.
Contract with Parametrix for the Preparation of an Albany Active Transportation Plan
Staff Recommendation: That the Council adopt Resolution No. 2024-42, authorizing the City Manager to execute Contract No. C24-33 with Parametrix for the preparation of an Active Transportation Plan
7‑12.
Letter of Support – Combining 72 and 72R Bus Lines for AC Transit Realign
Council Member Jordan Recommendation: That the Council note and file the letter as submitted
8.
PRESENTATION
8‑1.
Fiscal Year 2023/24 Third Quarter Budget Review 
Staff Recommendation: Report is for informational purposes only.  No action required
9.
PUBLIC HEARING
10.
UNFINISHED BUSINESS
10‑1.
Charter Amendment Regarding Delegating Appointment Authority for City Officers and Department Heads from the City Council to the City Manager, Except for the City Attorney and Delegating Authority Organizing the City to the City Manager
Staff Recommendation: That the Council adopt Resolution No. 2024-43, Charter Amendment for the November 5, 2024 General Municipal Election

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
This action relates to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and therefore is not a “project” within the meaning of the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines, section 15378(b)(5)
11.
NEW BUSINESS
11‑1.
Ban on Sales of Tobacco Products and/or Electronic Smoking Devices
Mayor Miki Recommendation: That the Council form an ad hoc subcommittee of two Council Members regarding ban on sales of tobacco products and/or electronic smoking devices in the City of Albany
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 Miki López
Alameda County Transportation Commission Jordan Miki
Alameda County Waste Management Authority Hansen-Romero Jordan
Association of Bay Area Government Tiedemann Jordan
Ava Community Energy JPA Board Tiedemann López
East Bay Sports Field Recreational Authority JPA Hansen-Romero Miki
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 Miki Tiedemann
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 and City eNews: https://www.albanyca.org/our-city/city-news. No public comment will be taken. 
Upcoming City Meetings
 
1. Racial Inclusivity & Social Equity Commission Meeting, Tuesday, June 4, 7:00 PM, City Hall Council Chambers
2. Financial Advisory Committee Meeting, Wednesday, June 5, 7:00 PM, City Hall Council Chambers
3. Arts Committee Meeting, Monday, June 10, 7:00 PM, City Hall Council Chambers
4. Planning & Zoning Commission Meeting, Wednesday, June 12, 7:00 PM, City Hall Council Chambers
5. Parks, Recreation & Open Space Commission Meeting, Thursday, June 13, 7:00 PM, City Hall Council Chambers
6. City Council Meeting, Monday, June 17, 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/s/87852424530. To 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. 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 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.