ALBANY CITY COUNCIL – MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Monday, December 19, 2022
1 REGULAR MEETING: 7:00 PM
1. CALL TO O
RDER
Vice Mayor Miki read the Albany Land Acknowledgement Statement as adopted by the City Council per City of Albany Minute Action, November 15, 2021.
2. ROLL CALL
P
resent: Council Members Hansen- Romero, Jordan and López, Vice Mayor Miki, Mayor Tiedemann
Absent: None
3. REPORT
ON ACTION TAKEN IN CLOSED SESSION, IF ANY
4. CEREMONI
AL MATTERS
5. CITY MANAG
ER REPORT
City M
anager Nicole Almaguer reported the Annual Pavement Rehabilitation Project is underway, and curb ramp improvements at several intersections are complete. Pavement patching continues. Staff has retained a construction manager to assist with monitoring the Marin Avenue Pavement Rehabilitation Project and to manage access for pedestrians and bicyclists. The public is encouraged to utilize alternative streets during construction.
The Street Tree Inventory is underway and includes an inventory of all street trees and empty tree basins in the public right -of-way. Fall into Haiku signs are visible around the City. The Green Building Resolution takes effect January 8, 2023, and applies to new construction and major additions or alternations that exceed 50% of floor area. Details of the Green Building Resolution have been posted to the City website (albanyca.org/departments/building/plan-review/green-building-requirements). The Solano Avenue Association’s Winter Stroll-ish was held December 11, 2022. Picnic held a Holiday Makers M arket on December 17, 2022, that featured local makers and live music. The Albany eGift Card P rogram sold out again this year and the community has purchased more than $140,000 that will be spent in the local economy. Detailed election results are available on the City website (albanyca.org/departments/city -clerk/election- information/general-municipal-election-2022).
6. GOOD OF
THE CITY/PUBLIC COMMENT
Mayor Tiedemann opened the Good of the City.
A summ
ary of public comment is as follows: concern about the heating, ventilation, and air conditioning (HVAC) system at City Hall; suggestions for the City to construct electric vehicle (EV) charging stations in the parking lot and charging facilities for vehicles parked along the street; suggestions for the City to form a committee to investigate the death and injury of horses at Golden Gate Fields; a request for the Council to protect the horses at Golden Gate Fields; a Parks, Recreation & Open Space Commission (PROSC) subcommittee has prepared a report regarding community outreach and participation that other advisory bodies can review; concern about the lack of Council comment regarding •
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Date approved: January 17, 2023
ALBANY CITY COUNCIL – MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Monday, December 19, 2022
2 Item 3-1 at the December 12, 2022; opposition to the Council disbanding the Social & Economic Justice Commission (SEJC).
7. CONSENT CALENDAR
7-1. Minutes – December 5, 2022
Staff Recommendation: Approve
7-2. Ratification of Payroll – Date Paid 12/02/2022: Net Amount $377,356.61, Taxes/Benefits/Deductions $380,942.90, Total Payroll $758,299.51
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 $ 1,212.18 (11/21/2022), $541,215.18 (12/2/2022), $128,647.14 (12/9/2022)
Staff Recommendation: Ratify
7-4. Participation in the California Asset Management Trust
Staff Recommendation: That the Council adopt Resolution No. 2022- 141, authorizing the City to join California Asset Management Trust
7-5. Contract No. C22- 77 with R3 Consulting Group for SB 1383 Implementation Support Services
Staff Recommendation: That the Council:
1. Adopt Resolution No. 2022- 142, authorizing the City Manager to execute Contract No. C22- 77 with R3 Consulting Group, Inc. for SB 1383 Implementation Support Services; and
2. Appropriate $130,000 of Measure D funds to cover any cost associated with the Contract
Mayor Tiedemann asked if anyone wishes to remove items from the consent calendar.
Council Member Jordan removed Item 7-5.
Item 7-5: Sustainability Coordinator Elizabeth Carrade reported that the contract will being in fiscal year (FY) 2023 and extend into FY25. $130,000 of Measure D funding , which the City receives from the County of Alameda, and $50,000 from the Community Development Department’s professional services budget will be used to pay costs in FY23 and FY24. Staff plans to request funding for FY25 of the contract in the next biennial budget cycle. Senate Bill (SB) 1383 imposes additional requirement s on the City regarding the recycling of organic materials in an effort to reduce the amount of organic material sent to the landfill.
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ALBANY CITY COUNCIL – MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Monday, December 19, 2022
3 A summary of Council comment is as follows: the contract with R3 Consulting is a better deal than the one proposed by Waste Management of Alameda County even though the City will have to pay R3 Consulting.
MOTION:
Moved by Council Member Jordan, seconded by Council Member Hansen- Romero, to approve the consent calendar.
AYES: Council Members Hansen- Romero, Jordan and López, Vice Mayor Miki, Mayor Tiedemann
NOES: None
Motion carried and so ordered.
8. PRESENTATION
9. PUBLIC HEARING
10. UNFINISHED BUSINESS
11. NEW BUSINESS
11-1. Transition Social & Economic Justice Commission
Council Member Jordan & Mayor Tiedemann Recommendation: That the Council direct staff to prepare a Resolution transitioning the Social & Economic Justice Commission to the Racial Equity Committee. Further, that Council Members either refrain from making appointments to that body until the Council has considered such resolution or make appointments in consideration of this possible future role for the body.
Council Member Jordan presented Mayor Tiedemann’s and his memorandum. The City’s Racial Equity Impact Plan (Plan) is at risk of in attention absent a body focused on its implementation. Historically, the SEJC’s charge has been broad, which has been an advantage at times and a disadvantage at times. The Council could transition the SEJC to a racial equity committee and focus the committee’s work on implementing the Plan.
When the Council next reviews Advisory Bodies, it can expand or change the committee’s charge.
Mayor Tiedemann reported that Council Member Jordan and he considered focusing the SEJC on the Housing Element and determined that delaying the discussion and a decision until the Council adopted a Housing Element would be better. The recommendation is not to sunset the SEJC but to focus the SEJC’s charge based on feedback from members of SEJC and Council discussion.
A summary of public comment is as follows: opposition to changing the SEJC; opposition to limiting the SEJC or a committee to the issue of raci al equity ; the SEJC has •
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ALBANY CITY COUNCIL – MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Monday, December 19, 2022
4 accomplished many good things for the community ; social equity and justice is still important.
A summary of Council comment is as follows: opposition to reshaping or rebranding the SEJC into a racial equity committee; concern that limiting a body to racial equity will result in inattention to other issues; perhaps the SEJC could be renamed as the Racial, Inclusivity and Social Equity (RISE) Commission; the SEJC can focus on racial equity in its upcoming work plan; a suggestion to appoint an ad hoc committee to revis e the resolution that created the SEJC to better define the SEJC’s charge and discuss the number of seats; additional discussion regarding the mission of the SEJC is needed; agreement with reducing the number of seats on the SEJC; support for retaining seven seats or increasing the number of seats in order to have diverse perspectives and accomplish more work; a proposal to eliminate the seat appointed by the Council at large; support for refining the SEJC’s focus and work plan.
MOTION:
Moved by Council Member Jordan, seconded by Vice Mayor Miki, to create an ad hoc committee to consider updating the Social & Economic Just ice Commission’s charge, name, and membership and to make recommendations to the Council.
AYES: Council Members Hansen- Romero, Jordan and López, Vice Mayor Miki, Mayor Tiedemann
NOES: None
Motion carried and so ordered.
MOTION:
Moved by Mayor Tiedemann, seconded by Vice Mayor Miki, to appoint Council Members Hansen-Romero and López to the ad hoc committee just created.
AYES: Council Members Hansen- Romero, Jordan and López, Vice Mayor Miki, Mayor Tiedemann
NOES: None
Motion carried and so ordered.
11-2. Racial Equity Survey Ad Hoc Committee
Council Member Jordan Recommendation: That the Council appoint a new member to the Council ad hoc committee charged with reviewing submittals by consultants to perform a Racial Equity Survey of residents in and possibly outside Albany regarding the City
Council Member Jordan presented his memorandum . In September 2021, the SEJC recommended the Council conduct a racial equity survey. After reviewing responses to a Request for Q ualifications, the Council d eclined to retain any of the firms and later directed staff to issue a revised Request for Qualifications. The Council appointed an ad hoc committee to review the six responses to the R equest for Qualifications, but the ad hoc committee was unable to make a recommendation to the Council due to work on Measure K and the resignation of Council Member Gary. The recommendation is to •
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ALBANY CITY COUNCIL – MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Monday, December 19, 2022
5 reconstitute the ad hoc committee or appoint a Council Member to join Council Member Jordan on the committee.
MOTION:
Moved by Council Member Jordan, seconded by Mayor Tiedemann, to appoint Council Member López to the ad hoc committee with Council Member Jordan to make a recommendation to the Council regarding a firm or firms to conduct a racial equity survey.
AYES: Council Members Hansen- Romero, Jordan and López, Vice Mayor Miki, Mayor Tiedemann
NOES: None
Motion carried and so ordered.
11-3. City Council Appointments to County/Regional Bodies
Staff Recommendation: That the Council review and update the appointments to county/regional bodies
City Clerk Anne Hsu presented the staff report. The Council typically reviews and updates its appointments to county and regional bodies following the annual Council reorganization. A number of bodies require either the Mayor to be the appointee and the Vice Mayor to be the alternate appointee or the Council to recommend appointees and alternates who are then formally appointed by the respective body. A few bodies allow appointees to be non -elected persons. As outlined in the Council Procedures and Policies, appointments should be considered mostly for a two-year period.
A summary of Council comment is as follows: perhaps someone could contact the Albany Disability Squad and the Friends of Albany Seniors for nomination s of individuals whom the Council could appoint to the Alameda County Paratransit Advisory & Planning Committee.
• League of California Cities (East Bay)
Appointee: Vice Mayor Miki; Alternate: Council Member López • Alameda County Mosquito Abatement District
Appointee: Council Member López
• Alameda County Transportation Commission (ACTC)
Appointee: Council Member Jordan; Alternate: Vice Mayor Miki • Alameda County Waste Management Authority & Energy Council – StopWaste Appointee: Council Member Hansen-Romero; Alternate: Council Member Jordan • Association of Bay Area Governments (ABAG)
Appointee: Mayor Tiedemann; Alternate: Council Member Jordan • East Bay Sports Field Recreation Joint Powers Authority (JPA) Appointee: Vice Mayor Miki; Alternate: Council Member Hansen-Romero • East Bay Community Energy (EBCE) JPA Board
Appointee: Mayor Tiedemann; Alternate Council Member López • Housing Authority of County of Alameda
Recommendation: Peggy McQuaid
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ALBANY CITY COUNCIL – MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Monday, December 19, 2022
6 • Alameda County Library Advisory Commission
Appointee: Council Member Jordan; Alternate: Mayor Tiedemann • Rausser College of Natural Resources Dean’s Advisory Committee on the Gill Tract
Recommendation: Council Member López
MOTION:
Moved by Mayor Tiedemann, seconded by Council Member Hansen-Romero, to ratify the appointments to the regional and county bodies listed above.
AYES: Council Members Hansen- Romero, Jordan and López, Vice Mayor Miki, Mayor Tiedemann
NOES: None
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 Tiedemann Miki
Alameda County Transportation Commission
Alameda County Waste Management Authority
Association of Bay Area Government
East Bay Community Energy JPA Board
East Bay Sports Field Recreational Authority JPA
Housing Authority of Alameda County N/A
League of California Cities (East Bay)
Alameda County Mosquito Abatement District N/A
Alameda County Library Advisory Commission
Alameda County Paratransit Advisory & Planning
Committee (PAPCO)
N/A
Mayor Tiedemann reported he attended an EBCE meeting where the Board revised the Chief Executive Officer’s ( CEO) contract, concurred with updating the Net Energy Metering (NEM) Program, and received a variety of updates.
Council Member Jordan reported he attended meetings of the Alameda County Mosquito Abatement District and StopWaste. StopWaste authorized a contract for a waste characterization study for the waste, recycling, and green waste streams.
13. FUTURE AGENDA ITEMS
A summary of public comment is as follows: a request for an agenda item regarding a policy for Council decorum.
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