ALBANY CITY COUNCIL – MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Monday, November 7, 2022
1 REGULAR MEETING: 7:00 PM
1. CALL TO
ORDER
Vice Mayor Tiedemann read the Albany Land Acknowledgement Statement as adopted by the City Council per City of Albany Minute Action, November 15, 2021.
2. ROLL CAL
L
Present: Council Members Gary, McQuaid, and Nason, Vice Mayor Tiedemann, Mayor Jordan
Absent: None
3. REPORT
ON ACTION TAKEN IN CLOSED SESSION, IF ANY
4. CEREMO
NIAL MATTERS
4-1. Resol
ution in Appreciation of Council Member Ge’Nell Gary
Mayor
Jordan presented the Resolution to Council Member Gary.
A sum
mary of public comment is as follows: thanks and appreciation for Council Member Gary’s accomplishments and service.
A summ
ary of Council comment is as follows: best wishes to Council Member Gary and appreciation for her service.
4-2. Proc
lamation – Native American Heritage Month
Council
Member McQuaid read the Proclamation.
4-3. Proc
lamation – United Against Hate Week
Council
Member McQuaid read the Proclamation and shared upcoming activities.
5. CITY M
ANAGER REPORT
City
Manager Nicole Almaguer reported deadlines and locations for submitting election ballots (albanyca.org/vote). Registration for the Earthquake Brace and Bolt Program, which helps facilitate seismic repairs for homeowners, is open through November 29, 2022. Phase 6 of the Sidewalk Repair Program is substantially complete and consisted of repair and replacement of the sidewalk at 34 locations. Phase 1 of the Marin Avenue Pavement Rehabilitation Project began November 7, 2022 and includes paving, storm - drain, and curb-ramp improvements on Marin Avenue between Cornell Avenue and Key Route Boulevard. The Home Electrifi cation Guide (albanyca.org/electric) provides a breakdown of rebates and incentives for home improvement projects. •
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Date approved: November 21, 2022
ALBANY CITY COUNCIL – MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Monday, November 7, 2022
2 Mayor Jordan encouraged citizens to download the MyShake app to receive early warnings of earthquakes.
A summar
y of public comment is as follows: Marin Avenue needs lighted crosswalks ; inquiry on rehabilitation plan for Garfield Avenue.
Mayor J
ordan advised that he is not aware of any plans to repave Garfield Avenue in the near future.
6. GOOD OF
THE CITY/PUBLIC COMMENT
Mayor Jordan opened the Good of the City.
A summ
ary of public comment is as follows: inquiries regarding the City providing dispatch services for the Kensington Police Department, private property on Albany Hill available for purchase, the Planning & Zoning Commission and Transportation Commission collaborating on parking requirements, and expired vehicle registrations; requests for the Council to investigate an incident involving a child; suggestions for reading the Albany Land Acknowledgement Statement.
Council
Member Gary suggested the City issue a statement regarding the incident involving the child.
7. CONSENT
CALENDAR
7-1. Minut
es
• October
13, 2022
• October 17, 2022
Staff
recommendation: Approve
7-2. Ratification of Payroll – Date Paid 10/21/2022: Net Amount: $356,494.64, Taxes/Benefits/Deductions $369,732.04, Total Payroll $726,226.68 Staff
recommendation: Ratify
7-3. Ratific
ation of Bills, Claims and Demands - Ratification of bills, claims and demands against the City of Albany in the amount of $110,002.55 (10/14/2022), $228,935.06 (10/21/2022), $290,498.37 (10/28/2022)
Staff
recommendation: Ratify
7-4. Advis
ory Body Appointment and Resignations:
• Mark M
eldgin is appointed by Council Member Nason to the Climate Action Committee
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ALBANY CITY COUNCIL – MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Monday, November 7, 2022
3 • Sandrine Demathieu appointed by Vice Mayor Tiedemann resigned from the Community Media Access Committee
• Luke Panzar appointed by Vice Mayor Tiedemann resigned from the Financial Advisory Committee
Staff recommendation: Information item
7-5. Proclamation – Transgender Awareness Week
Council Member McQuaid recommendation: that the Council declare November 13 – November 19, 2022 as “Transgender Awareness Week in Albany”
7-6. 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. 2022-110, allowing for video and teleconference meetings during the COVID -19 state of emergency under AB 361
7-7. Request for a Temporary Street Closure for the Holiday Makers Market Event hosted by Picnic on December 10, 2022 and Request for Waiver of Permit Fees for the Event
Staff recommendation: that the Council:
1. Adopt Resolution No. 2022-111, authorizing staff to issue an encroachment permit for a temporary street closure for the Holiday Makers Market event on December 10, 2022
2. Waive the encroachment permit fees for the event
3. Approve the City absorbing the cost to obtain a contractor for traffic management, which is estimated to be $2,500
7-8. Amendment to Contract No. C22-19 for Stormwater Inspection Support
Staff recommendation: that the Council adopt Resolution No. 2022- 112, authorizing the City Manager to execute Amendment #1 to Contract No. C22- 19 with CAP Engineering in the not -to-exceed amount of $96,900 using funds previously appropriated as part of the Public works Operating Budget
7-9. Contract No. C22-67 with ArborPro Inc. for a Street Tree Inventory
Staff recommendation: that the Council:
1. Adopt Resolution No. 2022- 113, authorizing the City Manager to execute Contract No. C22-67 with ArborPro Inc. for a street tree inventory •
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ALBANY CITY COUNCIL – MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Monday, November 7, 2022
4 2. Appropriate $45,000 of Measure M funds to cover any costs associated I think the Contract
Mayor Jordan asked if anyone wishes to remove items from the consent calendar. Council Member Nason removed Item 7-9. A member of the public removed Items 7- 4, 7-5, and 7-9.
A summary of public comment is as follows: suggestions for the Street Tree Inventory.
Item 7-4: Mayor Jordan reported that the appointment was made by an individual Council Member, and the appointment became effective when the Council Member made the appointment, which was prior to November 1.
Item 7-9: Mayor Jordan suggested the cost of the Street Tree Inventory be divided between Measure M funding and the Utility User Tax (UUT).
MOTION:
Moved by Council Member McQuaid, seconded by Vice Mayor Tiedemann, to approve the consent calendar with an amendment to Resolution No. 2022-113 in Item 7-9 to split the cost of the Street Tree Inventory between Measure M and UUT (Utility User’s Tax) funding.
AYES: Council Members Gary, McQuaid, and Nason, Vice Mayor Tiedemann, Mayor Jordan
NOES: None
Motion carried and so ordered.
8. PRESENTATION
9. PUBLIC HEARING
9-1. Appeal of the Parks, Recreation & Open Space Commission Tree Removal Decision for Street Trees located at 1431 and 1433 Washington Avenue
Staff recommendation: that the Council adopt Resolution No. 2022-114, upholding the decision of the Parks, Recreation & Open Space Commission’s September 8, 2022 decision approving street tree removals located at 1431 and 1433 Washington Avenue
CEQA: The project is Categorically exempt from California Environmental Quality Act (CEQA) pursuant to Section 15301 “Existing Facilities” and Section 15302 “Replacement or Reconstruction” of the CEQA Guidelines
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ALBANY CITY COUNCIL – MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Monday, November 7, 2022
5 Mayor Jordan disclosed a meeting with the appellant prior to the filing of the appeal, his and his wife’s employment of Peter Rudy and Big Chief Tree Service for work at their residence, and discussions with Mr. Rudy regarding sidewalks and street trees.
Vice Mayor Tiedemann disclosed a meeting with the appellant prior to the filing of the appeal.
Council Member Nason disclosed conversations with individuals regarding the tree issue and a Liquidambar tree located at her property.
Public Works Director/City Engineer Mark Hurley presented the staff report. The trees at 1431 & 1433 W ashington Avenue were first brought to staff’s attention in mid- August 2022 when the tree at 1431 suffered a significant limb drop. The City’s Urban Forester has discussed concerns and options regarding the trees with the property owners. On September 8, 2022, the Parks, Recreation & Open Space (PROS) Commission heard and approved applications to remove the trees. An appeal of the decision was submitted to the City Clerk on September 23, 2022.
Darya Barar, HortScience – Bartlett Consulting, reported that the tree located at 1431 Washington was in good health but had poor structure, narrow attachments, a large canker, and evidence of recent branch failure. The tree located at 1433 Washington Avenue was in good health but had poor structure, multiple attachments with seams, stress fractures, and decay. The risk assessment found a high risk for a stem hit ting a parked car or the adjacent homes. Removing the trees would eliminate risk. Pruning or cabling the trees would reduce but not eliminate the risk. Healthy wood is needed to cable a tree. Heavy pruning would reduce the trees to stubs and is contrary to professional standards. Removing the stem with the canker on the tree at 1431 Washington would remove one-third of the tree, increase the likelihood of the remaining stems failing, and leave a large wound. The recommendation was to remove and replace the trees.
Public Works Director/City Engineer Hurley advised that the limb failure in August damaged parked cars, and the period for filing claims has not closed.
Ingrid Haubrich, appellant, stated that the trees are healthy. In speaking with her, the property owners indicated that they were reluctant to remove the trees and agreed to remove the trees based on Mr. Hawkridge’s statements that the trees were diseased. Her tree specialist determined that the trees are not diseased. She could not respond to the staff report or the risk assessment because she did not receive them. The trees are not an imminent danger to the public. The report does not contain information about pruning the trees. Two independent arborists have stated the trees can be pruned. All trees are subject to sudden limb drop. Notice of the public hearing was defective.
A summary of public comment is as follows: questions regarding the survey for bird nests and the City’s plan for maintaining street trees; support for pruning the trees; support for the appellant’s position; the Council should continue the item so that neighbors can respond to the risk assessment; the public’s safety is the main concern; trees are •
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ALBANY CITY COUNCIL – MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Monday, November 7, 2022
6 beneficial and important to the community; one of the trees could be saved with pruning and regular maintenance; the issues around tree removal are complex.
A summary of Council comment is as follows: the Council’s policy is to hear an appeal at the next possible meeting; based on information in the packet and the property owners’ statements during the hearing, the property owners want the trees removed; the Council’s decision should be weighted in favor of the property owners’ concerns; interest in saving the trees and reducing the risk through regular maintenance and pruning and interest in providing more time to appellant ; adjacent property owners are responsible for street trees, according to the City Code; the staff report for the PROS Commission indicates structural defects for both trees; support for denying the appeal; the City needs policies that make hosting street trees attractive to property owners.
City Attorney Subramanian stated that when the City is notified of a defect, it can create a dangerous condition on public property. By receiving reports from the risk assessment arborist and City Urban Forester Hawkridge, the City is on notice.
MOTION:
Moved by Vice Mayor Tiedemann, seconded by Council Member Gary, to provide more time for the appellant to prepare and present a rebuttal to the risk assessment.
AYES: Council Member Gary, Vice Mayor Tiedemann
NOES: Council Members McQuaid and Nason, Mayor Jordan
Motion failed.
MOTION:
Moved by Council Member Nason, seconded by Council Member McQuaid, to adopt Resolution No. 2022-114, upholding the decision of the Parks, Recreation & Open Space Commission’s September 8, 2022 decision approving street tree removals located at 1431 and 1433 Washington Avenue.
AYES: Council Members McQuaid and Nason, Vice Mayor Tiedemann, Mayor Jordan NOES: Council Member Gary
Motion carried and so ordered.
10. UNFINISHED BUSINESS
11. NEW BUSINESS
11-1. Advisory Body Work Plan Status Reports
Staff recommendation: that the Council review the Work Plan Status Reports from City Council Advisory Bodies and provide direction to staff on any next steps
City Clerk Anne Hsu presented the staff report. The item is presented based on the Council’s direction to Staff at its September 19, 2022 meeting.
Mayor Jordan reported that the experience of Council Members McQuaid and Nason •
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ALBANY CITY COUNCIL – MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Monday, November 7, 2022
7 would be beneficial to any potential changes to the Advisory Bodies.
A summary of Council comment is as follows: a suggestion to expand the descriptions of Advisory Bodies; Albany has a lot of advisory bodies based on population and similar sized cities; many of the bodies are making good progress on their work plan items while a few are of concern; interest in having a more frequent meeting schedule for the Financial Advisory Committee; concerns about staffing Advisory Bodies; the Council’s biggest challenge is communicating its priorities to staff; suggestions to pause the Social & Economic Justice Commission (SEJC) until the Policing Commission is functioning effectively and to change the Charter Review Committee (CRC) to an ad hoc committee; the Economic Development Committee (EDC) and Community Media Access Committee (CMAC) could operate more effectively as non-profit or advocacy groups; social justice is an extremely broad topic, and a task force focused on one topic would be better; fair housing could be a focus of the SEJC; inquiry of whether the Arts Committee (AC) and EDC could be combined; a task force is needed for the Housing Element discussion.
Flor Rios, SEJC Vice Chair, advised that the SEJC is a safe space for residents of color to communicate.
MOTION:
Moved by Council Member McQuaid, seconded by Vice Mayor Tiedemann, to extend the meeting to 11:00 PM to complete Items 11-1 and 11-2.
AYES: Council Members Gary, McQuaid, and Nason, Vice Mayor Tiedemann, Mayor Jordan
NOES: None
Motion carried and so ordered.
A summary of additional Council comment is as follows: the CRC could transition to an ad hoc committee; a youth committee could allow high school seniors to shadow Council Members in order to encourage their participation in government; the Council needs a body to assist with the Housing Element discussion. SEJC should focus on a specific topic instead of broad range of topics.
The Council agreed that Mayor Jordan will prepare a memorandum of the Council’s recommendations for Advisory Bodies.
11-2. Amendment to City Council Procedures & Policies Regarding Mayor and Vic e Mayor Appointment Procedures
Mayor Jordan recommendation: that the Council approve the amendment to its Procedures and Policies Section L- 1(d) regarding the Mayor and Vice Mayor appointment procedures
Mayor Jordan presented his recommendation. Section L- 1(d) of the City Council Procedures and Policies does not address ranked choice voting. A Council Member appointed rather than elected to the Council should not be placed in the queue for Vice •
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ALBANY CITY COUNCIL – MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Monday, November 7, 2022
8 Mayor and Mayor as a matter of democratic principle.
A summary of Council comment is as follows: the City Charter uses the word elect rather than appoint; not placing an appointed Council Member in the queue could make them feel different from other Council Members; many residents believe they elect the Mayor and Vice Mayor.
A summary of public comment is as follows: Albany residents should be voting on Mayor and Vice Mayor; the incoming Council should determine these changes.
MOTION:
Moved by Vice Mayor Tiedemann, seconded by Mayor Jordan, to approve the amendment to its Procedures and Policies Section L- 1(d) regarding the Mayor and Vice Mayor appointment procedures.
AYES: Council Members McQuaid and Nason, Vice Mayor Tiedemann, Mayor Jordan
NOES: None
ABSTAIN: Council Member Gary
Motion carried and so ordered.
12. COUNCIL SUBCOMMITTEE REPORTS, COUNCIL MEMBER REPORTS ON
APPOINTED REPRESENTATION OF ALBANY, AND OTHER MEETINGS AND EVENTS
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
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ALBANY CITY COUNCIL- MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Monday, November 7, 2022
13. FUTURE AGENDA ITEMS
14. ANNOUNCEMENT OF CITY MEETINGS AND EVENTS
Upcoming City Events - please check on City website www .albanyca.org under City Calendar web page for up-to -date information
1. Veterans Day - Friday, November 11, 2022 , (City Offices Closed) Upcoming City Meetings
1. City Council Special Meeting, Wednesday, November 9, 7:00 PM, City Hall Council Chambers
2. Parks, Recreation & Open Space Commission Meeting, Thursday, November 10, 7:00 PM, City Hall Council Chambers
3. Arts Committee Meeting, Monday, November 14, 7:00 PM, Virtual Meeting via phone/video conferencing
4. Climate Action Committee Meeting, Wednesday, November 16, 7:00 PM, Virtual Meeting via phone/video conferencing
5. Charter Review Committee Meeting, Thursday, November 17, 7:00 PM, Virtual Meeting via phone/video conferencing
6. City Council Meeting, Monday, November 21, 7:00 PM, City Hall Council Chambers
15. ADJOURNMENT
10:46 p.m. There being no further business before the City Council, Mayor Jordan adjourned the meeting .
Minutes submitted by Anne Hsu, City Clerk.
Preston Jorc6n
Mayor
Attest:
Anne Hsu, City Clerk
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