ALBANY CITY COUNCIL – MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Tuesday, January 17, 2023
1 REGULAR MEETING: 7:00 PM
1. CALL TO O
RDER / LAND ACKNOWLEDGEMENT
Council Member Jordan 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. AB 361
3-1. Resolut
ion 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. 2023-01, allowing for video and teleconference meetings during the COVID -19 state of emergency under AB 361
MOTION:
Mov
ed by Council Member Jordan, seconded by Council Member Hansen- Romero, to adopt Resolution No. 2023-01, allowing for video and teleconference meetings during the COVID-19 state of emergency under AB 361.
AYES: Council Members Hansen-Romero, Jordan, and López, Vice Mayor Miki, Mayor Tiedemann
NOES: None
Motion carried and so ordered.
4. CEREMONI
AL MATTERS
4-1. Procl
amation – Lunar New Year 2023
Mayor T
iedemann presented the proclamation to Lucy Chen of the Albany Asian Pacific Islander Parent Engagement Group (API-PEG).
5. CITY MANAG
ER REPORT
City
Manager Almaguer recognized the community’s vigilance during recent storm events and staff’s response to the storms. The Emergency Operations Center was activated to monitor the storm. The Fire Department provided more than 2,000 sandbags filled with approximately 35 tons of sand. The Public Works Department responded to many storm- related issues throughout the City. Residents and Community Emergency Response Team (CERT) volunteers assisted with clearing storm drains. Installation of the Kains and Adams Bikeway Pilot Project has begun . The two -way bikeway will be Adams Street •
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Date approved: February 6, 2023
ALBANY CITY COUNCIL – MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Tuesday, January 17, 2023
2 between Clay and Buchanan Streets and Kains Avenue between Brighton and Marin Avenues. The speed limit on Solano Avenue has been reduced from 25 miles per hour (mph) to 20 mph. Members of the community is encouraged to apply for City Advisory Bodies. The Advisory Body & Brown Act Training will be scheduled for late February or early March. The Recreation & Community Services Department is offering facility rentals and a vast array of recreation programming and classes for all ages and interests.
Information can be obtained from the City website ( www.albanyca.org ) or through a
phone call to the Recreation & Community Services Department. The Albany Activity Guide is available on the City website and at community centers and City Hall and has been mailed to residents. Albany CARES is hosting a Homeownership Preservation Workshop on Saturday, January 28, 2023 at the Albany Community Center. More information is available by calling the Recreation & Community Services Department at 510-524-9283.
A summary of public comment is as follows: inquiry on a workshop offered for renters.
City Manager Almaguer advised that the City has offered workshops related to the Rent Review Program and rental housing, and staff looks forward to other opportunities for workshops.
A summary of Council comment is as follows: appreciation for staff’s and CERT volunteers’ responses to the storms.
6. GOOD OF THE CITY / PUBLIC COMMENT
Mayor Tiedemann opened the Good of the City.
A summary of public comment is as follows: concern for the lan d use by Golden Gate Fields to better serve the community; concern for the no parking sign at the Albany Community Center for overnight parking; concern for flooding due to lack of storm drains at the south side of Washington Avenue between Masonic Avenue and San Pablo Avenue; an analysis of the recent election results seems to indicate that ranked choice voting had no impact on the election results; a request for clarification of parking requirements and enforcement of the requirements for the Kains and Adams Bikeway Pilot Project; thanks to the City for implementin g the Kains and Adams Bikeway Pilot Project and for updating the website regarding parking for the project ; a request for staff to notify AC Transit of the reduced speed limit on Solano Avenue; a suggestion for staff to receive training regarding fentanyl overdoses and the use of Narcan.
A summary of Council comment is as follows: ranked choice voting did affect the election results.
7. CONSENT CALENDAR
7-1. Minutes –
• December 12, 2022
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ALBANY CITY COUNCIL – MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Tuesday, January 17, 2023
3 • December 19, 2022
Staff recommendation: Approve
7-2. Ratification of Payrolls –
1. Date Paid 12/16/2022: Net Amount $413,187.15, Taxes/ Benefits/Deductions $401,682.64, Total Payroll $814,869.70
2. Date Paid 12/30/2022: Net Amount $468,244.03, Taxes/Benefits/Deductions $359,717.83, Total Payroll $927,961.86
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 $238,151.03 (12/16/2023), $256,633.51 (12/23/2022), $51,550.68 (12/30/2022), $149,724.26 (1/6/2023)
Staff recommendation: Ratify
7-4. Advisory Body Appointments:
• Harsh Shah appointed by Vice Mayor Miki to the Arts Committee • Troy Hodges appointed by Council Member Jordan to the Climate Action Committee
• Eric Larson appointed by Council Member López to the Climate Action Committee
• Haadiyah Mohammed appointed by Vice Mayor Miki to the Climate Action Committee
• Tod Abbott appointed by Council Member Hansen-Romero to the Parks, Recreation & Open Space Commission
• Julia Frank appointed by Mayor Tiedemann to the Parks, Recreation & Open Space Commission
• Christopher Kent appointed by Council Member Jordan to the Parks, Recreation & Open Space Commission
• Bryan Marten appointed by Council Member López to the Parks, Recreation & Open Space Commission
• Flor Elizabeth Rios appointed by Council Member López to the Social & Economic Justice Commission
• Farid Javandel appointed by Council Member López to the Transportation Commission
• Ken McCroskey appointed by Council Member Jordan to the Transportation Commission
• Nelson Peng appointed
by Vice Mayor Miki to the Transportation
Commission
Staff recommendation: Information item
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ALBANY CITY COUNCIL – MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Tuesday, January 17, 2023
4 7-5. Advisory Body Appointment by the City Council as a Whole:
• Deirdre Greene recommended for appointment to the Arts Committee by Vice Mayor Miki
Vice Mayor Miki recommendation: that the Council appoint Deirdre Greene to the Arts Committee Council as a Whole seat
7-6. Advisory Appointments for City Council Ratification:
• Judy Kerr recommended for appointment to the Financial Advisory Committee by Council Member López
• Kim Traynor recommended for appointment to the Financial Advisory Committee by Council Member Jordan
• Ian McLeod recommended for appointment to the Planning & Zoning Commission by Council Member Jordan
• Mohammad Momin recommended for appointment to the Planning & Zoning Commission by Vice Mayor Miki
• Nick Pilch recommended for appointment to the Planning & Zoning Commission by Mayor Tiedemann
• Elizabeth Watty recommended for appointment to the Planning & Zoning Commission by Council Member Hansen-Romero
• Rebecca Dupuis recommended for appointment to the Policing Commission by Council Member Hansen-Romero
• Peggy McQuaid recommended for appointment to the Policing Commission by Vice Mayor Miki
Council Members Recommendation: Ratify
7-7. Amendments to the Salary Schedule for Various Hourly Employee Classifications to Comply with State of California Minimum Wage Increase
Staff Recommendation: That the Council adopt Resolution No. 2023- 02, authorizing amendments to the salary schedule for various hourly employee classifications.
7-8. Request for Encroachment Permit for a Temporary Street Closure for the Albany Move’n’Groove Event on April 23, 2023 and Request for Waiver of Permit Fees for This Event
Staff Recommendation: That the Council adopt Resolution No. 2023- 03, authorizing staff to issue an encroachment permit for a temporary street closure for the Albany Move’n’Groove event on April 23, 2023 and waive the permit fees for this event.
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ALBANY CITY COUNCIL – MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Tuesday, January 17, 2023
5 Mayor Tiedemann asked if anyone wishes to remove items from the consent calendar.
Council Member Jordan removed Item 7-8. Members of the public removed Items 7-6 and 7-7.
Item 7-8: Council Member Jordan proposed an additional requirement for the Move’n’Groove event to provide expanded bicycle parking and to designate a visible location for bicycle parking.
A summary of public comment on Items 7- 6 and 7-7 is as follows: opposition to Ms.
McQuaid serving on the Policing Commission; a request for the new California minimum wage and the difference between the minimum wage and Albany’s living wage.
Mayor Tiedemann reported the new minimum wage is $15.50 per hour. City Manager Almaguer explained that Albany’s living wage applies to contract service providers and not to City employees.
MOTION:
Moved by Council Member Jordan, seconded by Mayor Tiedemann, to approve the consent calendar with the suggested modification to the requirement of the encroachment permit in Item 7-8.
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
9-1. Amendments to Chapter 11, Fire Prevention, and Chapter 12, Building and Housing, of the Albany Municipal Code Related to the Adoption and Local Amendments of the 2022 California Building Standards Code – First Reading
Staff Recommendation: That the Council introduce and waive first reading of Ordinance No. 2023- 01, amendments to the Building & Housing and Fire Prevention Chapters of the Albany Municipal Code related to the adoption and local amendments of the 2022 California Building Standards Code
Community Development Director Jeff Bond presented the staff report. The State of California mandates the enforcement of the California Building Standards Code (Code).
National nonprofit organizations develop a model code, and v arious State agencies provide a significant amount of input to create the Code. The City is permitted to modify the Code if the modifications are equivalent to or more restrictive than State requirements and if the City can make certain findings. The Code is updated every three years. The action before the Council is to adopt local amendments to the Building and Housing Chapter and the Fire Prevention Chapter.
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ALBANY CITY COUNCIL – MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Tuesday, January 17, 2023
6 Once the planning process for a construction project is complete, the project is subject to Building Code review, which consists of submission of a building permit application, plan check, permit issuance, and inspections by the Community Development Department and Fire Department.
Changes to the Building and Housing Chapter are primarily improvements in energy efficiency requirements. Minor changes should not significantly affect projects in Albany.
Proposed local amendments include minor clarifications related to the administration of the chapter, adoption of optional appendices related to specialized construction types, and updates to definitions and cross references . P reviously approved fire- related life safety requirements have been retained.
Fire Chief Jim Boito reported a State Responsibility Area (SRA) is not located in the City of Albany but Local Responsibility Areas (LRA) are located within the City. The LRAs were designated as moderate severity zones in 2007. A change in the moderate severity designation to very high or high severity will trigger specific requirements for the LRAs.
A summary of public comment is as follows: an inquiry of whether changes to electrical and plumbing requirements will apply to existing or new buildings.
Community Development Director Bond advised that changes to electrical and plumbing requirements will not apply to existing buildings. If the buildings are remodeled, they will have to comply with the latest requirements.
MOTION:
Moved by Council Member Jordan, seconded by Vice Mayor Miki, to introduce and waive the first reading of Ordinance No. 2023- 01, amendments to the Building & Housing and Fire Prevention Chapters of the Albany Municipal Code related to the adoption and local amendments of the 2022 California Building Standards Code, and to set a second reading to adopt the Ordinance on February 21, 2023.
AYES: Council Members Hansen-Romero, Jordan, and López, Vice Mayor Miki, Mayor Tiedemann
NOES: None
Motion carried and so ordered.
10. UNFINISHED BUSINESS
10-1. Selection of Consultant to Perform Racial Equity Survey
Council Members Jordan and López Recommendation: Designate The Justice Collective and Seed Collaborative as finalists. Collect additional information to provide the basis for choosing between them, as detailed at the end of the discussion section, which the ad hoc committee in consultation with staff will use to recommend which, if either, consultant to perform the work
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ALBANY CITY COUNCIL – MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Tuesday, January 17, 2023
7 Council Member Jordan presented the ad hoc committee’s memorandum. Six consultants responded to the Request for Qualificati ons (RFQ). Members of the Social & Economic Justice Commission (SEJC) ad hoc committee and the Council ad hoc committee independently reviewed the responses based on six factors and subsequently discussed the results.
Council Member López advised that Council Member Jordan and he independently ranked the responses prior to discussing them. The recommendations support the Racial Equity Impact Plan. Each respondent is talented and experienced; however, the two finalists h ave the best capacity to serve the City and community members most effectively.
A summary of public comment is as follows: thanks to the Council for moving forward on the matter; the ad hoc committees diligently and carefully reviewed the responses before making recommendations.
A summary of Council comment is as follows: appreciation for the ad hoc committees’ thorough work.
MOTION:
Moved by Council Member Jordan, seconded by Council Member Hansen- Romero, to designate The Justice Collective and Seed Collaborative as finalists and to collect additional information to provide the basis for choosing between them, as detailed at the end of the discussion section in the memorandum , which the ad hoc committee in consultation with staff will use to recommend which, if either, consultant is to perform the work.
AYES: Council Members Hansen-Romero, Jordan, and López, Vice Mayor Miki, Mayor Tiedemann
NOES: None
Motion carried and so ordered.
11. NEW BUSINESS
11-1. City Council Appointments to the Board of Police and Fire Pension Fund Commissioners
Staff Recommendation: That the Council appoint the alternates for the Board of Police and Fire Pension Fund Commissioners per City charter Section 9.01
City Manager Almaguer presented the staff report. Section 9.01 of the City Charter allows alternates to serve for a period of up to one year unless again appointed. Staff recommends the Council select a Council Member to serve as alternate to Mayor Tiedemann and re-appoint the previous alternates.
A summary of Council comment is as follows: Vice Mayor Miki volunteered to serve as the alternate to Mayor Tiedemann.
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ALBANY CITY COUNCIL – MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Tuesday, January 17, 2023
8 MOTION:
Moved by Mayor Tiedemann, seconded by Council Member Jordan, to approve the appointment of Vice Mayor Miki as the Mayor’s alternate and other alternates as listed in the staff report.
AYES: Council Members Hansen-Romero, Jordan, and López, Vice Mayor Miki, Mayor Tiedemann
NOES: None
Motion carried and so ordered.
11-2. Policy Requiring Nominations by the Board of Education (BOE) to City Council Advisory Bodies to be Students or Representatives Directly Affiliated with the Albany Unified School District (AUSD)
Council Member Jordan Recommendation: That the Council direct staff to develop policy language via Resolution or Ordinance requiring that a nominee of the Board of Education (BOE) to a first seat on a City Advisory Body be a student, and if there is a second seat the nominee be a parent/guardian of a student or an Albany Unified School District (AUSD) staff member.
Council Member Jordan presented his memorandum. The previous Council discussed the proposal, which received some support from Council Members. A student nominee may be a student at any school located in the City of Albany. The purpose of requiring a student nominee for a first seat to an Advisory Body is to obtain a broader generational perspective. Approximately a quarter of Albany’s population is under the age of 18 years.
An adult nominee for a second seat on an Advisory Body may be a parent or guardian of a student or may be affiliated with schools or youth organizations. Dr. Wells, AUSD Superintendent, requested an opportunity to partner with the City in developing a policy.
A summary of public comment is as follows: opposition to requiring a student nominee due to the limited number of meetings they could attend; support for student participation in City Advisory Bodies and for a partnership between AUSD and the City.
A summary of Council comment is as follows: concern that appointing a student for a two- year term will reduce student participati on; perhaps an ad hoc committee could discuss appointing two students, a voting junior and a non-voting sophomore to enable the non- voting student to gain experience; students do attend and serve on the BOE and have the experience to participate fully in Advisory Body meetings; students serving on the Climate Action Committee and the Arts Committee have served as Chairs of the Bodies and made excellent presentations to the Council.
MOTION:
Moved by Council Member Jordan, seconded by Mayor Tiedemann, to appoint Council Members Hansen-Romero and Jordan to an ad hoc committee that will 1) work with Albany Unified School District and staff to develop policies for Board of Education nominations to be students, parents/guardians, staff members, and adults who work with •
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ALBANY CITY COUNCIL – MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Tuesday, January 17, 2023
9 youth, and 2) consider appointing a rising senior as a primary nominee and a rising junior as a secondary nominee with the secondary nominee serving as an ex-officio (non-voting) member of an Advisory Body.
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 Jordan Miki
Alameda County Waste Management Authority Hansen-Romero Jordan Association of Bay Area Governments 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 (Vacant)
Alameda County Paratransit Advisory &
Planning Committee (PAPCO)
(vacant) N/A
Council Member Jordan reported he and Council Member López met with the Laboratory Director of the Alameda County Mosquito Abatement District to discuss modifying storm drain catch basins so that they self-drain in an effort to preclude mosquitos from growing to adulthood and to eliminate treatment of basins after storm events. At the meeting, t he Laboratory Director supported the concept and indicated that the Mosquito Abatement District could support an intern to work on the proposal.
Council Member Hansen- Romero reported she attended a StopWaste meeting where they discussed the budget and unfunded state mandates.
Council Member López reported he attended a meeting of the Alameda County Mosquito Abatement District and met with Council Member Jordan and the Laboratory Director to discuss catch basin studies and future developments that could be applicable to Albany. •
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ALBANY CITY COUNCIL – MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Tuesday, January 17, 2023
10 He also attended an orientation meeting for the East Bay Community Energy (EBCE) Joint Powers Authority (JPA) Board. He noted the Rausser College of Natural Resources Dean’s Advisory Committee on the Gill Tract is communicating with the Office of the Chancellor for the University of California at Berkeley (UC Berkeley) to prepare for an upcoming meeting.
Mayor Tiedemann reported he attended the Alameda County Mayors’ Conference where he learned about various trainings and Alameda County Fair Foundation’s construction of a farm at the fairgrounds. In addition, he was appointed to the executive committee of the Association of Bay Area Governments (ABAG).
A summary of public comment is as follows: inquiries regarding Ms. McQuaid’s service on the Housing Authority of Alameda County and whether she was requested to provide a report regarding the Housing Authority; a suggestion for the Council to appoint an alternate to Ms. McQuaid.
Mayor Tiedemann explained that the Council affirmed Ms. McQuaid’s appointment to the Housing Authority of Alameda County because the seat does not have to be filled by a Council Member and Ms. McQuaid previously served as Chair. The Alameda County Board of Supervisors, not the City Council, makes the appointments to the Housing Authority.
13. FUTURE AGENDA ITEMS
Council Member Hansen- Romero advised that the ad hoc committee would provide its recommendations at the next Council meeting.
Council Member Jordan requested an agenda item regarding a policy for encroachment permits and bicycle parking at public events.
A summary of public comment is as follows: a request for the Council to explore fentanyl awareness; a request for an agenda item regarding requirements for public events to provide safe and visible bicycle parking.
Mayor Tiedemann encouraged Council Members to appoint members to Advisory Bodies.
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.
Upcoming City Meetings
1. Climate Action Committee Meeting, Wednesday, January 18, 7:00 PM, City Hall Council Chambers
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ALBANY CITY COUNCIL-MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Tuesday, January 17, 2023
2. Police and Fire Pension Board Meeting, Tuesday, January 24, 3:00 PM, City Hall Council Chambers
3. Planning & Zoning Commission Meeting, Wednesday, January 25, 7:00 PM, City Hall Council Chambers
4. Transportation Commission Meeting, Thursday, January 26, 7:00 PM, City Hall Council Chambers
5. City Council Special Meeting, Monday, January 30, 5:00 PM, City Hall Council Chambers
6. Financial Advisory Committee Meeting, Wednesday, February 1, 7:00 PM, City Hall Council Chambers
7. City Council Meeting, Monday, February 6, 7:00 PM, City Hall Council Chambers
15. ADJOURNMENT
8:52 p.m. There being no further business before the City Council, Mayor Tiedemann adjourned the meeting.
Minutes submitted by Anne Hsu, City Clerk.
Mayo
Attest:
Anne Hsu, City Clerk
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