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Agenda packet

Albany City Council
April 17, 2023

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Agenda packet
Meeting
April 17, 2023
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Albany City Council
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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.

Meeting
Albany City Council
City Hall Council Chambers
1000 San Pablo Ave., Albany, CA
Monday, April 17, 2023

SPECIAL & REGULAR MEETING AGENDA
Monday, April 17, 2023
6:00 PM – Special Meeting
7:00 PM – Regular Meeting
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.

SPECIAL MEETING - OPEN SESSION: 6:00 PM

1. CALL TO ORDER / ROLL CALL

2. STUDY SESSION
2‑1.

Annual Sugar-Sweetened Beverage Tax Study Session
Staff Recommendation: That the Council:

Receive a status update on FY2023 funded programs
Conduct a study session to receive input and recommendations for the expenditure of FY2024 proceeds from the Sugar-Sweetened Beverage Tax Provide a preliminary prioritization of items to be funded with the tax proceeds in FY2024 2-1 _Staff Report - Sugar Sweetened Beverage Tax Study Session 2-1 Att 1 FY2023 SSB Funded Program Summary
2-1 Att 2 Progress report Healthy Me 2023
2-1 Att 3 Progress Report Cycles of Change
2-1 Att 4 Progress Report for Move n Groove1
2-1 Att 5 AUSD Progress Report All-bany Swims 2023
2-1 Att 6 PROSC SSB Recommendations FY2024
2-1 Att 7 TC SSB Recommendation FY2024
2-1 Att 8 AUSD SSB Recommendation FY2024
2-1 Att 9 FY2024 SSB Suggested Programs
2-1 Att 10 ACMS Pricing Letter
2-1 Att 11 - SSB Ordinance No. 2016-02
2-1 Public Comment - Updated 20230414 12PM

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
4‑1.

Proclamation – National Crime Victims’ Rights Week
4-1 National Crime Victims' Rights Week Proclamation
4‑2.

Proclamation – Celebrate Diversity Month
4-2 Celebrate Diversity Month Proclamation
4‑3.

Proclamation – National Arab American Heritage Month
4-3 Arab American Heritage Month Proclamation

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 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 – March 20, 2023 & March 27, 2023
Staff Recommendation: Approve
CC2023-03-20 Minutes DRAFT
CC2023-03-27 Minutes DRAFT
7‑2.

Ratification of Payrolls –
Date Paid 3/24/2023: Net Amount $381,375.31, Taxes/Benefits/Deductions $424,783.55, Total Payroll $806,158.86 Date Paid 4/7/2023: Net Amount $374,309.23, Taxes/Benefits/Deductions $389,375.13, Total Payroll $763,684.36 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 $195,261.65 (3/17/2023), $154,552.37 (3/24/2023), $594,668.90 (3/31/2023), $125,066.01 (4/7/2023) Staff Recommendation: Ratify
20230317 Council pkt SIGNED
20230324 Council pkt SIGNED
20230331 Council pkt SIGNED
20230407 Council pkt SIGNED
7‑4.

Advisory Body Appointment for City Council Ratification:

Justin Lock recommended for appointment to the Policing Commission by Council Member Jordan Staff Recomendation: Ratify
7‑5.

Support Letter – Multi-Year Funding Package for Public Transit Agencies Council Member Jordan Recommendation: That the Council approves the letter requesting California Budget and Fiscal Review Committee to prioritize a multi-year funding package for public transit agencies across California 7-5 Letter of Support - Public Transit Agencies Funding 7‑6.

Annual Sidewalk Rehabilitation Program (CIP No. 22000) – Award of Phase 7 Construction Contract No. C23-09 Staff Recommendation: That the Council adopt Resolution No. 2023-18:

Authorizing the City Manager to award Contract No. C23-09 to Villalobos & Associates for construction of the Project in the not-to-exceed amount of $165,530; and Appropriating $223,000 from the Sidewalk Parcel Tax Fund (1305) and adjusting the budget for the Annual Sidewalk Rehabilitation Program (CIP No. 22000) for fiscal years 2020-21 through 2022-23 7-6 _Staff Report - Phase 7 Award_Clean
7-6 Att 1 Reso 2023-18 Phase 7 Award
7-6 Att 2 C23-09 Bid Results
7-6 Att 3 Contract No C23-09 unsigned
7‑7.

Lower Codornices Creek Restoration Project (CIP No. 43001) – Authorization Call for Bids for Phase IV Construction (C23-26) Staff Recommendation: That the Council adopt Resolution No. 2023-19, authorizing the City Manager to approve a Call for Bids for the Lower Codornices Creek Restoration Phase IV Project, Contract No. C23-26 7-7 _Staff Report - Codornices Phase IV
7-7 Att 1 Reso 2023-19 Phase IV Call for Bids
7-7 Att 2 CC4 Bid Set 2023.04.06
7‑8.

National Opioid Litigation and Authorization to Participate in Additional Settlement Agreements Arising from the Litigation Staff Recommendation: That the Council authorize the City Attorney to take all necessary steps and execute appropriate documents to participate in the Additional Settlement Agreements with the Additional Distributors and any future Settlement Agreements with new Distributors, agree to the State Subdivision Agreements, and allow direct payment to be made to the City 7-8 Staff Report - Opioid Settlement Agreements
7‑9.

Assembly Bill (AB) 481/California Government Code Section 7072 Compliance Staff Recommendation: That Council:

Accept this annual military equipment report; and
Renew Ordinance No. 2022-02
7-9 _Staff Report - 2023 Annual Renewal AB481
7-9 Att 1 Ordinance 2022-02 and Policy
7‑10.

Grant Application to the California Energy Commission for the California Automated Permit Processing Program Staff Recommendation: That the Council adopt Resolution No. 2023-20, authorizing the City Manager or their designee to submit a grant application to the California Energy Commission for the California Automated Permit Processing Program and if awarded to execute a grant agreement 7-10 _Staff Report - Solar App Software Grant
7-10 Att 1 Reso 2023-20 Solar APP+

8. PRESENTATION

9. PUBLIC HEARING

10. UNFINISHED BUSINESS
10‑1.

Student and Student-Affiliated Appointments to City Advisory Bodies Staff Recommendation: That the Council:

Adopt Resolution No. 2023-21, updating policy regarding student and student-affiliated appointments to Advisory Bodies to the City Council; and Introduce for first reading Ordinance No. 2023-02, amending sections of the Albany Municipal Code Related to the Parks, Recreation & Open Space Commission and the Transportation Commission regarding student and student-affiliated appointments 10-1 _Staff Report - Student Advisory Body Appointments 10-1 Att1 Reso 2023-21
10-1 Att2 Ord 2023-02
10‑2.

City Council Strategic Plan 2023-2025
Staff Recommendation: That the Council adopt the 2023-2025 City Council Strategic Plan. 10-2 _Staff Report - City Council Strategic Plan
10-2 Att 1 City Council Strategic Plan 2023-2025 Final Draft

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

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. Climate Action Committee Meeting, Wednesday, April 19, 7:00 PM, City Hall Council Chambers

2. Police and Fire Pension Board Meeting, Tuesday, April 25, 3:00 PM, City Hall Council Chambers

3. Planning & Zoning Commission Meeting, Wednesday, April 26, 7:00 PM, City Hall Council Chambers

4. Transportation Commission Meeting, Monday, April 27, 7:00 PM, City Hall Council Chambers

5. City Council Meeting, Monday, May 1, 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
.

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.

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