Agenda — Albany City Council, September 3, 2024

Albany City Council
City Hall Council Chambers
1000 San Pablo Ave., Albany, CA
Tuesday, September 03, 2024
SPECIAL & REGULAR MEETING AGENDA
Tuesday, September 03, 2024
6:15 PM – Special Meeting
7:00 PM – Regular Meeting
https://albanyca.zoom.us/s/87852424530
PUBLIC MEETING GUIDELINES
AlbanyCity Councilmeetings are conductedin 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 willbe uninterrupted,and technical difficultiesmay 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.

SPECIAL MEETING CLOSED SESSION: (6:15 PM)

1. CALL TO ORDER / ROLL CALL

2. CLOSED SESSION
2‑1. Conference with Labor Negotiators pursuant to Government Code Section 59457.6
Agency Representatives: City Manager Nicole Almaguer
Employee Organization: Albany Peace Officers Association (APOA)

3. ADJOURNMENT OF SPECIAL MEETING CLOSED SESSION
REGULAR MEETING: 7:00 PM

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 – American Muslim Appreciation & Awareness Month 4‑2. Proclamation – National Suicide Prevention Awareness Month

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/ourcity/citynews.

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 – July 15, 2024 & August 26, 2024
Staff Recommendation: Approve
7‑2. Ratification of Payroll –

1. Date Paid 6/28/2024: Net Amount $481,849.28,
Taxes/Benefits/Deductions $520,696.00, Total Payroll
$1,002,545.28

2. Date Paid 7/12/2024: Net Amount $452,372.39,
Taxes/Benefits/Deductions $477,264.33, Total Payroll $929,636.72

3. Date Paid 7/26/2024: Net Amount $506,188.62,
Taxes/Benefits/Deductions $534,014.84, Total Payroll
$1,040,203.46

4. Date Paid 8/9/2024: Net Amount $479,341.76,
Taxes/Benefits/Deductions $493,816.67, Total Payroll $973,158.43

5. Date Paid 8/23/2024: Net Amount $488,990.74,
Taxes/Benefits/Deductions $501,186.61, Total Payroll $990,177.35 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 $1,253,472.30 (7/12/2024), $1,237,867.09 (7/19/2024), $143,081.81 (7/26/2024), $328,291.17 (7/30/2024), $186,603.70 (8/2/2024), $1,723,854.51 (8/9/2024), $8,746.22 (8/9/2024), $268,181.79 (8/16/2024), $459,980.14 (8/23/2024)
Staff Recommendation: Ratify
7‑4. Advisory Body Resignation:

Katy Rose de Leon appointment by Council as a Whole resigned from the Housing Advisory Commission
Staff Recommendation: Information item
7‑5. Advisory Body Appointment:

Samuel Beynon appointed by Vice Mayor López to the Arts Committee
Staff Recommendation: Information item
7‑6. Lower Codornices Creek Restoration Phase IV Project (CIP No. 43001) – Contract No. C2326 Closeout and Filing of Notice of Completion Staff Recommendation: That Council adopt Resolution No. 202468, authorizing the City Manager to:

1. Accept the improvements completed in Contract No. C2326; and

2. File the Notice of Completion with the County Recorder’s Office 7‑7. Fiscal Year 202425 Community Development Block Grant Project Agreement with Alameda County
Staff Recommendation: That the Council adopt Resolution No. 202469, authorizing the City Manager to enter into an agreement with Alameda County for the use of FY 202425 Community Development Block Grant funds in the amount of $113,920 and COVIDCV (COVID supplemental) funding in the amount of $250,000 and authorizing the appropriation of said funds to be reimbursed to the City for expenditures incurred

8. PRESENTATION

9. PUBLIC HEARING
9‑1. Sustainable Foodware Ordinance – First Reading
Staff Recommendation: That the Council introduce and waive the first reading of Ordinance No. 202405, establishing a sustainable foodware ordinance
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The adoption of the proposed Ordinance relates to organizational or administrative activities of the City and 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).
9‑2. Amendments to Albany Municipal Code Chapter 20 Sections 20.08,

20.16, and 20.40 to Update Density Bonus Regulations and Related Housing Provisions – First Reading
Planning & Zoning Commission and Staff Recommendation: That the Council introduce and waive the first reading of Ordinance No. 202406, repealing and replacing Section 20.40 “Housing Provisions” of the Albany Municipal Code and amending Sections 20.08 and 20.16 to update Density Bonus Regulations
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
Consideration of the Ordinance is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to section 15061(b)(3) of the State CEQA Guidelines because the scope of this Ordinance is limited to implementing State law, and in itself does not authorize a discretionary activity that results in a physical change to the environment.

10. UNFINISHED BUSINESS

11. NEW BUSINESS
11‑1. Designation of Voting Delegates and Alternates for the League of California Cities Annual Conference and Expo
Staff Recommendation: That the Council designate a voting delegate and alternates for the League of California Cities General Assembly

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 HansenRomero Jordan
Association of Bay Area Government Tiedemann Jordan
Ava Community Energy JPA Board Tiedemann López
East Bay Sports Field Recreational
Authority JPA HansenRomero 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/ourcity/city calendar City Calendar web page and City eNews: https://www.albanyca.org/our city/citynews. No public comment will be taken.

Upcoming City Meetings

1. Albany Murals Project (BART Pillars) Selection Panel Meeting, Wednesday, September 4, 1:00 PM, City Hall Council Chambers

2. Financial Advisory Committee Meeting, Wednesday, September 4, 7:00 PM, City Hall Council Chambers

3. Racial Inclusivity & Social Equity Commission Meeting, Thursday, September 5, 7:00 PM, City Hall Council Chambers

4. Arts Committee Meeting, Monday, September 9, 7:00 PM, City Hall Council Chambers

5. Planning & Zoning Commission Meeting, Wednesday, September 11, 7:00 PM, City Hall Council Chambers

6. Parks, Recreation & Open Space Commission Meeting, Thursday, September 12, 7:00 PM, City Hall Council Chambers

7. City Council Meeting, Monday, September 16, 7:00 PM, City Hall Council Chambers

15. ADJOURNMENT
Per City Council Resolution No. 202113, no Council meeting shall continue past 10:30 p.m. unless a twothirds 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 twothirds 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) 5285710 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) 5285710. 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) 9009128. Webinar ID 878 5242 4530. Participant ID “#”.

2. Meetings are also streamed live on City website www.albanyca.org/meetingsor on YouTube(www.YouTube.com/AlbanyKALB). Recordingof the meetingsare usually available for viewing 24 hours after the meeting.

3. Meetings are broadcast live and re broadcast 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 remuted after the allotted time.
09/03/2024
1 City Council