ALBANY CITY COUNCIL – MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Monday, March 20, 2023
1 SPECIAL MEETING: 6:00 PM
1. CALL TO O
RDER / ROLL CALL
Present: Council Members Hansen- Romero, Jordan and López , Vice Mayor Miki , Mayor Tiedemann
Absent: None
2. STUDY SESSIO
N
2-1. 2023 Local H
azard Mitigation Plan Update
Staff Rec
ommendation: That the Council provide feedback on the 2023 Local Hazard Mitigation Plan (LHMP) and authorize staff to share the draft with the California Office of Emergency Services (CalOES)
Sustain
ability Coordinator Elizabeth Carrade presented the staff report. A Local Hazard Mitigation Plan (LHMP) is a planning tool for identifying pre- disaster mitigation and is required by the Federal Disaster Mitigation Act of 2000 and for most Federal Emergency Management Agency (FEMA) hazard mitigation grants an d assistance programs. The 2023 Risk A ssessment identifies primary hazards of earthquakes, public health emergency, infrastructure failure and utilities failure, wildland and urban fire, flooding, extreme temperatures, damaging winds, mass violence, hazardous materials release, and slope failure/landslide.
Staff
presented the LHMP to the Community Emergency Response Team (CERT) in May 2022 and to the Climate Action Committee ( CAC) and Planning & Zoning Commission (PZC) in February 2023. A public comment period ran from February 28, 2023 to March 13, 2023. Staff also received comments from Albany Unified School District (AUSD), Alameda County Department of Environmental Health, and East Bay Community Energy (EBCE).
Once the
Council provides its feedback, staff will revise the LHMP as directed and submit it to the California Office of Emergency Services (CalOES) for review. After CalOES approval, staff will present it to the CAC and PZC for a recommendation of adoption by the City Council. The PZC will also review and make a recommendation regarding an updated General Plan Safety Element, which is a means to implement the LHMP and an update to the LHMP triggers and update to the Safety E lement. Staff anticipates presenting the final LHMP and Safety Element to the Council in May or June 2023. Finally, staff will submit the LHMP to FEMA for review and approval.
A summar
y of Council comment is as follows: preferences to simplify hazards as public health emergency, infrastructure failure, fire, severe weather, and mass violence and to utilize scenarios in determining risk; suggestions to eliminate “occurred in the last five years” from the high Probability criterium, make “likely to occur in 1,000 years” the low Probability criterium, change Population to Fatalities and Severe Injuries with a medium •
-.
.
.
Date approved: April 17, 2023
ALBANY CITY COUNCIL – MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Monday, March 20, 2023
2 criterium of 25%-100%, add impact categories of G overnment with criteria of first responder (high) and Public Works (medium) ability to respond is degraded and Utilities with criteria of sewage (high), water (medium), gas and electric (low) outage, revise Property and Assets criteria to dollar amounts or percentage of parcels/buildings , revise Economy criteria to greater than 10% decline in economic activity (high), 2% -10% (medium), 0.5%-2% (low), and less than 0.5% (no impact), and utilize a weighting factor; include an action to coordinate tsunami response planning with UC; and a suggestion to place more emphasis on installing stormwater treatment basins with perforated sub- drains in areas with a shallow water table.
ADJOURNMENT OF SPECIAL MEETING
REGULAR MEETING: 7:00 PM
1. CALL TO ORDER
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 CALL
Present: 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. CEREMONIAL MATTERS
5. CITY MANAGER REPORT
City Manager Nicole Almaguer reported that the Albany Community Expo, an opportunity to learn all about Albany, is scheduled for April 29, 2023, 10 a.m. to 2 p.m., at the Community Center. March is Women’s History Month with a poster at the Community Center highlighting women in history. Public Works’ Annual Sidewalk Shaving Program is underway in Zone 3. Construction updates are available on the City’s website (www.albanyca.org/departments/public-works/construction-alerts). The City is hiring two Habitat Restoration Interns, one for the spring and one for the fall. The positions have been funded through a Coastal Conservancy grant. Vacant positions within the City are also posted to the City’s website. Thanks to former Council Member Peggy McQuaid for providing photos of the rainbow crosswalk, which was installed the prior week.
A summary of public comment is as follows: a request for the City to ensure safe pedestrians crossing at the intersection of Marin Avenue and Key Route Boulevard; a request for the City to install rainbow crosswalks near schools.
•
-.
.
.
ALBANY CITY COUNCIL – MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Monday, March 20, 2023
3 City Manager Almaguer reported improvements to the intersection are underway but have been delayed due to the weather.
6. GOOD OF THE CITY/PUBLIC COMMENT
Mayor Tiedemann opened the Good of the City.
A summary of public comment is as follows: the community garden at Ocean View Park looks great, but the playground needs lighting; support for the use of Narcan.
7. CONSENT CALENDAR
7-1. Minutes, March 6, 2023
Staff Recommendation: Approve
7-2. Ratification of Payroll – Date Paid 3/10/2023: Net Amount $ 351,040.18, Taxes/Benefits/Deductions $375,601.72, Total Payroll: $726,641.90
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 $ 305,914.58 (3/3/2023), $117,920.49 (3/10/2023)
Staff Recommendation: Ratify
7-4. Advisory Body Appointment:
• Emily Chen by Council Member López to the Arts Committee • Jynette Oji by Mayor Tiedemann to the Social & Economic Justice Commission
Staff Recommendation: Information item
7-5. Waste Management of Alameda County Annual Rate Adjustment
Staff Recommendation: Information item
7-6. Citywide Streetlighting Evaluation (CIP No. 25008) – Award of Professional Service Contract No. C23-21
Staff Recommendation: That the Council adopt Resolution No. 2023- 13, authorizing the City Manager to award Contract No. C23 -21 for professional service to Clanton & Associates in the not -to-exceed amount of $174,280 for •
-.
.
.
ALBANY CITY COUNCIL – MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Monday, March 20, 2023
4 development of the Citywide Streetlighting Evaluation, using funds previously appropriate for Capital Improvement Plan (CIP) Project No. 25008
7-7. FY2023-2024 Paratransit Program Plan Application
Staff Recommendation: That the Council adopt Resolution No. 2023- 18, authorizing the submission of the FY 2023- 24 Paratransit Program Plan Application in the amount of $92,479.05 to the Alameda County Transportation Commission (ACTC) for the continued implementation of the City’s Paratransit Program
Mayor Tiedemann asked if anyone wishes to remove items from the consent calendar.
Council Member Jordan removed Item 7-6. A member of the public removed Item 7-4.
Item 7-6: Council Member Jordan shared data of streetlight outages. Public Works Director/City Engineer Mark Hurley advised that streetlight repairs can begin prior to the consultant completing the streetlight analysis. The consultant will make recommendations for appropriate lighting for different areas of the City. The City pays a fixed cost for each streetlight based on the type of fixture.
A summary of public comment is as follows: an inquiry regarding the status of Social & Economic Justice Commission (SEJC); support to replace the streetlights.
Mayor Tiedemann reported current SEJC members are expected to continue their service on the Racial Inclusivity & Social Equity (RISE) Commission.
A summary of Council comme nt is as follows: the consultant’s report may provide an objective basis for a capital funds measure to improve streetlights.
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
8-1. Letter and Resolution of Opposition – Initiative 21-0042A1
Council Member Jordan Recommendation: That the Council
1. Adopt Resolution No. 2023-14 in opposition of Initiative 21-0042A1 and join the “No on Initiative 21-0042A1” coalition; and
2. Approve and send in the letter of opposition to Initiative 21-0042A1 •
-.
.
.
ALBANY CITY COUNCIL – MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Monday, March 20, 2023
5 Samantha Caygill, League of California Cities (League), reported the League has formed a coalition of local governments and labor to defeat the Initiative 21-0042A1 (Initiative) which has qualified for the November 2024 ballot.
The Initiative would overturn the Upland decision, require new voter approvals for tax measures approved between January 1, 2022 and the effective date of the Initiative, require a sunset date on new or increased taxes, impact Charter amendments, prohibit local advisory measures, change cities’ ability to charge fees for products and services, prohibit fees associated with vehicle miles traveled as a condition of property development, and jeopardize cities’ authority to impose fines and penalties.
A summary of public comment is as follows: a question as to whether the Initiative would affect the City’s ability to impose a tax on alcohol.
Mayor Tiedemann explained that the Initiative would make it more difficult for the City to impose taxes.
A summary of Council comment is as follows: the Initiative would prohibit embedding a voter recommendation for expenditures of tax revenues within a measure; support for opposing the Initiative; the Initiative would make it very diff icult for the Council to do its job.
MOTION:
Moved by Council Member Jordan, seconded by Mayor Tiedemann, to adopt Resolution No. 2023-14 in opposition of Initiative 21- 0042A1; join the “No on Initiative 21- 0042A1” coalition; and approve and send in the letter of opposition to Initiative 21-0042A1.
AYES: Council Members Hansen- Romero, Jordan and López, Vice Mayor Miki, Mayor Tiedemann
NOES: None
Motion carried and so ordered.
8-2. Quarterly Financial Review and Mid-Year Update
Staff Recommendation: That the Council receive a report on the status of the City’s finances and adopt Resolution No. 2023- 15, amending the Fiscal Year 2022- 23 budgeted appropriations
Finance Director Heather Rowden presented the staff report. As of December 31, 2022, revenues are 48.5% of budget and expenses are 54.8% of budget. Staff requests adjustments to t he Fiscal Year 2022-23 (FY23) budget so that it better reflects actual revenues and expenses. Some of the additional expenses are covered by special revenue sources and revenues. Staff requests an expense increase in the Emergency Medical Services (EMS) Fund to reflect the additional cost of participating in the Public •
-.
.
.
ALBANY CITY COUNCIL – MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Monday, March 20, 2023
6 Provider Ground Emergency Medical Transport Intergovernmental Transfer Fund and anticipates an increase in reimbursement from the program.
A summary of public comment is as follows: a suggestion to double the rate of the Sugar- Sweetened Beverage Tax.
Finance Director Rowden advised that voters must approve an increase in a tax rate.
A summary of Council comment is as follows: the Council will have to discuss the deficit; a suggestion to discuss increasing revenues rather than cutting expenses; support for pursuing grants; a request for a future update regarding American Rescue Plan Ac t (ARPA) funding and appropriations.
MOTION:
Moved by Council Member Jordan, seconded by Vice Mayor Miki, to receive a report on the status of the City’s finances and adopt Resolution No. 2023-15, amending the Fiscal Year 2022-23 budgeted appropriations.
AYES: Council Members Hansen- Romero, Jordan and López, Vice Mayor Miki, Mayor Tiedemann
NOES: None
Motion carried and so ordered.
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 – Second Reading, Pass-to-Print
Staff Recommendation: That the Council adopt Ordinance No. 2023-01, amending 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 – Second Reading, Pass-to-Print
Community Development Director Jeff Bond presented the staff report. The City is required to implement the California Building Standards Code (Codes), which is updated every three years. The City is allowed to modify the Code s if specific findings can be made. Staff has not revised the proposed ordinance or proposed local amendments since the Council reviewed them in January 2023.
A summary of Council comment is as follows: a desire for a future community discussion of Building and Fire Code amendments related to smaller apartment buildings.
MOTION:
Moved by Council Member Jordan, seconded by Vice Mayor Miki, to adopt Ordinance No. 2023- 01, amending the Building & Housing and Fire Prevention Chapters of the •
-.
.
.
ALBANY CITY COUNCIL – MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Monday, March 20, 2023
7 Albany Municipal Code related to the adoption and local amendments of the 2022 California Building Standards Code.
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. City of Albany Local Roadway Safety Plan
Staff Recommendation: That the Council adopt Resolution No. 2023-16, approving the City of Albany Local Roadway Safety Plan and authorizing staff to implement the Plan
Transportation Commission Recommendation: That the Council adopt a resolution approving the City of Albany Local Roadway Safety Plan and authorizing staff to implement the plan. The Transportation Commission further recommends that future prioritization of projects take into account the limitations of the methodology of the report.
Transportation & Sustainability Manager Justin Fried presented the staff report. The Transportation Commission has worked with the consultants on the development and review of the Local Roadway Safety Plan (LRSP). Objectives for the planning effort include identifying safety priorities, updating existing conditions and collision analysis in the Active Transportation Plan (ATP), and maintaining the City’s funding eligibility and competitiveness for safety grants. The LRSP will inform ATP updates, programs related to roadway safety, and project selection and design for future roadway projects.
Ruta Jariwala, TJKM, reported the goals of the LRSP are to reduce fatalities and sever e injuries attributed to traffic collisions and identify, analyze, and prioritize safety improvements for roads. The City must have a LRSP to be eligible for Highway Safety Improvement Program grant s. The California Department of Transportation ( Caltrans) allows cities to consider collision data from a five- year period. The process included the use of collision data from 2016-2020 in identification of high-injury intersections and mid- block locations, emphasis areas, viable countermeasures , and development of safety projects for high-risk locations.
An LRSP webpage with a map input received 579 responses from the community.
Comments expressed concern primarily regarding visibility, speeding, and bicycle safety and regarding Solano Avenue, Marin Avenue, and San Pablo Avenue.
The collision analysis found 478 collisions between 2016 and 2020, 16 fatal and severe injury collisions, and 1 fatality. The number of collisions declined over the five-year period.
The collision analysis supports the community’s concerns. The analysis also found 10 •
-.
.
.
ALBANY CITY COUNCIL – MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Monday, March 20, 2023
8 high-injury intersections which included Solano Avenue and San Pablo Avenue ranked among the top two high-injury corridors.
Staff identified nine safety projects, two related to signalized intersections, two related to un-signalized intersections, three related to signal upgrades, streetlight inventory, and leading pedestrian interval feasibility, and two related to roadway segments and pedestrian and bicycle safety.
A summary of public comment is as follows: a suggestion for a City collision map; an inquiry as to the City’s plan to reduce the speed limit for school zones.
A summary of Council comment is as follows: the Police Department’s website provides a list of collisions; concern that one severe- injury collision results in a roadway being deemed high risk and that a grant metric for a pro ject may be inclusion in the LRSP; the City cannot rely on grants to fund safety improvements.
MOTION:
Moved by Council Member Jordan, seconded by Vice Mayor Miki, to adopt Resolution No. 2023-16, approving the City of Albany Local Roadway Safety Plan and authorizing staff to implement the Plan.
AYES: Council Members Hansen- Romero, Jordan and López, Vice Mayor Miki, Mayor Tiedemann
NOES: None
Motion carried and so ordered.
10-2. Sunsetting of the City’s Social & Economic Justice Commission and Establishing a Racial Inclusivity & Social Equity Commission
Staff Recommendation: That the Council adopt Resolution No. 2023- 17, sunsetting the City’s Social & Economic Justice Commission and establishing the City’s Racial Inclusivity & Social Equity Commission
City Manager Almaguer presented the staff report. This item follows the Ad Hoc Subcommittee’s recommendation to transition the SEJC to the Racial Inclusivity & Social Equity (RISE) Commission. The Resolution proposes a charge for the RISE Commission and appointment of seven members. Staff proposes the members currently appointed to SEJC to transition to the RISE Commission if the Council wishes and the individuals agree.
A summary of public comment is as follows: questions about updating the SEJC webpage, the RISE Commission’s mission statement, and the status of SEJC applications.
•
-.
.
.
ALBANY CITY COUNCIL – MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Monday, March 20, 2023
9 Mayor Tiedemann reported the SEJC webpage will be updated once the Council adopts the Resolution establishing the RISE Commission. Page 2 of the resolution provides the mission statement.
A summary of Council comment is as follows: the seat for adults affiliated with students are students at all school levels.
MOTION:
Moved by Council Member Jordan, seconded by Council Member Hansen- Romero, to adopt Resolution No. 2023- 17, sunsetting the City’s Social & Economic Justice Commission and establishing the City’s Racial Inclusivity & Social Equity Commission with amendments to remove “high” from “high school” in line 20 on page 2 of the Resolution and to add language indicating the RISE Commission will act as the SEJC for the purpose of fulfilling the requirements of the Sugar -Sweetened Beverage Tax Ordinance.
AYES: Council Members Hansen- Romero, Jordan and López, Vice Mayor Miki, Mayor Tiedemann
NOES: None
Motion carried and so ordered.
10-3. Student and Student-Related City Advisory Body Seats
Staff Recommendation: That the Council:
1. Receive an update from Vice Mayor Miki regarding the discussion held with the Board of Education regarding student and student-related City Advisory Body seats;
2. Provide direction to staff on any next steps regarding drafting of policy related to student and student-related City Advisory Body seats
Vice Mayor Miki presented his memorandum. He attended the Albany Unified School District ( AUSD) Board of Education ( BOE) meeting to discuss the application and appointment processes for student member seat on City Advisory Bodies . The primary concern was the complexity of the current process. The Council at large’s appointment of students and student -affiliated adults raises the question of the Board’s role in the process. The Council may wish to consider appointing students or student-affiliated adults to the Transportation Commission. The Board’s student representatives favored the term of office utilized by the CAC, but the term may not work well for other schools and home schooled students.
A summary of public comment is as follows: a suggestion to encourage the Board to appoint students but not to mandate student appointments; a recommendation to contact Tilden Preparatory School.
A summary of Council comment is as follows: the City Charter sets the term of Advisory Bodies; in limiting students to rising juniors, every other class will not be able to participate •
-.
.
.
ALBANY CITY COUNCIL – MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Monday, March 20, 2023
10 if students serve two- year terms; a preference not to use the CAC application process; outreach to students and school s is critical; a preference to use the CAC process if it functions for students outside AUSD; recruiting students and student -affiliated adults should not be difficult if outreach is good; not all students leave Albany after graduation so a student could serve the second year of a two- year term after graduation; schools could make recommendations with a predetermined deadline to submit them; student applicants could submit letters of recommendation if they wish; a preference for students to attend a school in Albany but not for them to be residents of Albany ; students and student-affiliated adults should be willing to communicate information from their Advisory Bodies to school principals.
City Manager Almaguer recommended the Council retain the existing two-year term and appointment process for students for the benefit of the students.
11. NEW BUSINESS
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 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
Vice Mayor Miki reported he attended the Alameda County Mayors’ Conference and two League of California Cities sessions regarding fentanyl and pending legislation. Assembly Bill (AB) 24 would require all bars, gas stations, public libraries, and hotels to stock naloxone and the State of California to fund the purchase of naloxone. AB 1166 would •
-.
.
.
ALBANY CITY COUNCIL – MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Monday, March 20, 2023
11 allow anyone without medical training to administer naloxone in good faith and exempt them from liability. AB 817 would allow advisory body members to attend meetings remotely.
Council Member López reported he toured the Gill Tract farm and attended an AUSD parent group meeting on accountability, which could be a good contact for the RISE Commission.
Mayor Tiedemann reported he attended an East Bay Community Energy (EBCE) meeting and learned that EBCE is rebranding as it expands into Stockton and approved a project to purchase resource adequacy. He also attended an Association of Bay Area Government (ABAG) executive meeting regarding legislation and an unfunded pension liability.
Council Member Jordan reported he attended an Alameda County Transportation Commission (ACTC) committee meeting wherein the committee recommended adoption of a inclusive engagement report, which will benefit ACTC, and an ACTC meeting where he learned that ACTC is contributing funds to an EBCE program to purchase electric bicycles.
Council Member Hansen- Romero reported she attended a meeting of StopWaste regarding the budget process and tonnage fees
12-1. Report for Housing Authority of County of Alameda (HACA)
Mayor Tiedemann noted Ms. McQuaid provided a written report of the March 8, 2023 meeting, where they approved a housing agency plan for the next fiscal year, amended a contract, and appointed a recipient of the HACA scholarship program.
13. FUTURE AGENDA ITEMS
A summary of public comment is as follows: a discussion of fentanyl awareness.
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. Planning & Zoning Commission Meeting, Wednesday, March 22, 7:00 PM, City Hall Council Chambers
2. City Council Special Meeting, Monday, March 27, 3:00 PM, City Hall Council Chambers
3. City Council Meeting, Monday, April 3, 7:00 PM, City Hall Council Chambers •
-.
.
.
ALBANY CITY COUNCIL-MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Monday, March 20, 2023
15. ADJOURNMENT
10:25 p.m. There being no further business before the City Council, Mayor Tiedemann adjourned the meeting .
Minutes submitted by Anne Hsu, City Clerk.
c...7---\P
Aaro,9 :rfectemann
Ma-f or
Attest:
A ~
12