ALBANY CITY COUNCIL – MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Monday, May 1, 2023
1 REGULAR MEETING: 7:00 PM
1. CALL TO O
RDER / LAND ACKNOWLEDGEMENT
Council Member López 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
4-1. Procl
amation – Affordable Housing Month
Mayor Tiedemann presented the proclamation to Peggy McQuaid, Board Member of East Bay Housing Organizations (EBHO).
4-2. Procl
amation – Asian American, Native Hawaiian, Pacific Islander Heritage Month Vice Mayor Miki presented the proclamation to Lucy Chen, Tsering Wangmo, and Daeso Min from the Albany Asian Pacific Islander Parent Engagement Group (API-PEG). 4-3. Procl
amation – Older Americans Month
Council Member Hansen-Romero presented the proclamation to Lorraine Davis, Friends of Albany Seniors (FOAS) President, and representatives of FOAS. 4-4. Procl
amation – Public Service Recognition Week
Mayor Tiedemann read excerpts from the proclamation and recognized staff for services to the community including the recent Community Expo event.
A summar
y of Council comments is as follows: appreciation for City staff and the opportunity to work with staff; the Community Expo was an excellent event.
5. CITY MANAG
ER REPORT
City
Manager Almaguer reported the public can receive the eNews by registering on the City website (albanyca.org). The 2023 Compost Giveaway is scheduled for May 6, 2023 at Memorial Park, 8:00-11:00 AM. A groundbreaking event for Albany Family Housing will be held on May 11, 2023, 10:30 AM – 12:30 PM. The Albany Citywide Garage Sale will be May 13, 2023, 9:00 AM – 3:00 PM. Community Development Director Bond has received the State’s review of the adopted Housing Element and believes revisions will be administrative rather than substantive. Updates can be found on the City website. The Marin Avenue Pavement Rehabilitation Project – Phase 1 is nearing completion. The roadway between Evelyn Avenue and the Ohlone Greenway will be closed May 20- 21, 2023, and staff will notify the public of the closure and detours. Staff continues to work •
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Date approved: May 15, 2023
ALBANY CITY COUNCIL – MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Monday, May 1, 2023
2 with East Bay Municipal Utility District ( EBMUD) to improve the roadway as part of EBMUD’s construction project. The street lighting evaluation is underway.
A summary of public comment is as follows: a request for an update regarding the City’s food programs.
A summary of Council comment is as follows: Gilman Street between 4 th and 2nd Streets
is slated to close May 6, 2023 for an estimated seven weeks.
6. GOOD OF THE CITY/PUBLIC COMMENT
Mayor Tiedemann opened the Good of the City.
A summary of public comment is as follows: Kains Avenue needs signage indicating two- way traffic.
7. CONSENT CALENDAR
7-1. Minutes – April 17, 2023
Staff Recommendation: Approve
7-2. Ratification of Payroll – Date Paid 4/21/2023: Net Amount $376,853.47, Taxes/Benefits/Deductions $386,356.20, Total Payroll $763,209.67
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 $298,601.18 (4/14/2023), $171,190.63 (4/21/2023)
Staff Recommendation: Ratify
7-4. Letter of Support – Tom Bates Fields Beautification Project
Staff Recommendation: That the Council note and file the letter as submitted
7-5. Approval of Temporary Street Closure for City of Albany 4 th of July Event
Staff Recommendation: That the Council adopt Resolution No. 2023- 22, authorizing staff to approve for a period of three years the closure of a two- block area of Portland Avenue between Carmel Avenue and Pomona Avenue adjacent to Memorial Park for the City’s July 4
th Event
7-6. Approval of Temporary Street Closure and Waiver of Permit Fees for the Albany Community Triathlon Event
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ALBANY CITY COUNCIL – MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Monday, May 1, 2023
3 Staff Recommendation: That the Council adopt Resolution No. 2023- 23, authorizing staff to approve for a period of three years the partial temporary street closure of Key Route Boulevard, temporary street closures of Portland Avenue, Thousand Oaks Boulevard and Carmel Avenue around the Memorial Park and Albany High School block to accommodate the Albany Community Triathlon, and waive the associated permit fees
7-7. Amending Ordinance Relating to Student and Student -Affiliated Appointments to City Advisory Bodies
Staff Recommendation: That the Council adopt Ordinance No. 2023-02, amending sections of the Albany Municipal Code related to the Parks, Recreation & Open Space Commission and the Transportation Commission regarding student and student-affiliated appointments, second reading, pass-to-print
7-8. Public Safety Financial Allocation and Grant Award Acceptance
Staff Recommendation: That the Council adopt Resolution No. 2023-24, to accept and appropriate funds for public safety
7-9. Budget Appropriation for City Hall Gutters Replacement Project (CIP No. 51000)
Staff Recommendation: That the Council adopt Resolution No. 2023- 25, appropriating $60,000 from the General City Building Reserve Fund to fund gutter removal and replacement at City Hall (CIP No. 51000)
7-10. Annual Street Rehabilitation Program (CIP No. 21000) and Traffic Calming Citywide Project (CIP No. 25001)
Contract No. C21- 49 – Approval of Additional Paving Limits (Masonic Avenue between Marin Avenue and Solano Avenue) and Approval of Contract Change Orders #8 and #9
Staff Recommendation: That the Council adopt Resolution No. 2023-26:
1. Approving the addition of Masonic Avenue between Marin Avenue and Solano Avenue to the paving limits under Contract No. C21-49; and
2. Authorizing the City Manager to execute Contract Change Orders (CCO) to Contract No. C21-49 as follows:
a. CCO #8 in the amount of $91,961.69 for extra work necessary for construction of Marin Avenue Paving and Curb Ramp Rehabilitation Project – Phase 1 (CIP No. 21000);
b. CCO #9 in the amount of $72,920.00 for construction of eight speed humps using funds previously appropriated as part of the City’s Traffic Calming Citywide Project (CIP No. 21005);
3. Appropriating $300,000 from Measure B Local Streets & Roads funds (1101) and adjusting the budget accordingly for the Annual Street Rehabilitation Program (CIP No. 21000)
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ALBANY CITY COUNCIL – MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Monday, May 1, 2023
4 California Environmental Quality Act (CEQA): The project is categorically exempt from CEQA pursuant to Section 15301 “Existing Facilities” of the CEQA Guidelines, which exempts the operation, repair, maintenance, or minor alteration of existing public facilities, involving negligible or no expansion of existing use
Mayor Tiedemann asked if anyone wishes to remove items from the consent calendar.
Members of the public removed Items 7-9 and 7-10.
A summary of public comment is as follows: inquiries on additional information for the City Hall gutter replacement project; a request for the locations of the eight speed humps.
City Manager Almaguer reported the gutters replacement project does not include the police station because gutters on the police station were replaced in 2015 . Gutter replacement is essential as gutters protect the integrity of facilities. Staff contacted several service providers to obtain an estimate of the cost. If the appropriation of funds is authorized, staff will determine the actual cost through a service provider.
Capital Improvement Program (CIP) Manager Allison Carrillo reported the speeds humps will be located on the 500 and 1000 blocks of Masonic Avenue and the 1000 block of Key Route Boulevard.
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. Presentation – Housing Authority of County of Alameda
Kurt Wiest, Executive Director of the Housing Authority of the County of Alameda (HACA), presented the HACA Mission and jurisdiction. HACA’s governing board is the Alameda County Board of Supervisors, which has delegated almost all of its duties t o a housing commission. HACA’s funding sources are the U.S. Department of Housing and Urban Development (HUD) and rents from 230 housing units.
The Housing Choice Voucher (HCV) Program, also known as Section 8, and County of Alameda Housing Programs provide households with rental assistance . Through Preserving Alameda County Housing (PACH), HACA owns and manages 230 housing units. Project-Based Vouchers (PBV) are a subset of HACA’s HCV allocation and are awarded to a specific development. Five PBVs have been awarded to Albany Family Housing.
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ALBANY CITY COUNCIL – MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Monday, May 1, 2023
5 HACA currently assists approximately 7,400 qualified households, but the number of households that would qualify for rental assistance is estimated to be 150,000. In 2015, HACA opened a wait list for the HCV Program for two weeks, and more than 3,000 households remain on the wait list today. Approximately 15 HCVs turnover each month.
A summary of public comment is as follows: an inquiry on the misinformation regarding HCV Program and the data on nonprofit organization property evictions.
Mr. Wiest advised that the nonprofit organizations that utilize federal funding to purchase a property typically relocate tenants under the Uniform Relocation Act, which provides specific protections.
A summary of Council comment is as follows: access to affordable housing is part of the solution to a household achieving emotional and financial stability; appreciation for HACA’s work; more vouchers and public housing are needed; participants in the HCV Program are great tenants.
8-2. Annual Comprehensive Financial Report (ACFR) and Annual Audit for FY2021-22
Staff Recommendation: That Council:
1. Receive presentation of the results from the City’s independent auditor’s examination of the City’s financial reports for fiscal year ending June 30, 2022;
2. Accept and file the report; and
3. Adopt Resolution No. 2023- 27, to reallocate and appropriate surplus General Fund fund balance
Paul Pham, Chavan & Associates LLP, reported the audit team first assessed the City’s internal controls and, after staff closed the books for the year, analyzed the financial reports. The City’s net position increased by approximately $6 million. The decrease in liabilities is related to the investment returns on the City’s pension plan s. Major Funds increased about $4.6 million, which is a good fund balance. On the balance sheet, leases receivable under assets is a new line item based on a new accounting standard. Only one of the City’s previous findings remains outstanding. Overall, the audit is clean.
Finance & Administrative Services Director Heather Rowden presented the staff report.
The audit addressed Fiscal Year 2021- 2022 (FY2021- 22). The Financial Advisory Committee (FAC) reviewed staff’s recommendations for fund balance reallocation on March 1, 2023, and the Annual Comprehensive Financial Report (ACFR) on April 5, 2023.
The fund balance analysis indicates a General Fund balance of $11.5 million. The FY2021-22 budget projected a $1.48 million deficit, and staff reserved that amount from the $11.5 million, which resulted in approximately $10 million in undesignated fund balance. The F und Balance Policy requires 25% of current year expenditures, approximately $7 million, be held in reserve. The remaining $3 million is available surplus.
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ALBANY CITY COUNCIL – MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Monday, May 1, 2023
6 In November 2020, voters approved a rate increase for the Utility Users Tax (UUT) on Gas and Electric as a general tax . The ballot measure stated the City Council will endeavor to expend at least one- third of the additional revenue generated from the rate increase for action items in the Climate and Adaptation Plan and additional environmental sustainability programs. For FY2021- 22, one third of the additional revenue equaled $171,459, and expenses associated with the increased funding totaled $28,000. Staff suggests allocating the difference, $143,469, to the Climate Action and Adaptation Reserve Fund.
The General Fund Reserve Policy provides uses of G eneral Fund balances exceeding the 25% fund balance policy. The first of the uses is to pay down unfunded pension liabilities. Actuarial reports used to complete FY2021- 22 financial statements we re misleading, and the FY2022- 23 financial statements will reflect a significant increase in outstanding pension obligations . Therefore, staff suggests allocating $775,000 to a Pension Reserve Fund. The Pension Reserve Fund can be used to offset increases in future unfunded liability payments.
The second two uses of exces s General Fund balances are capital improvements and equipment purchases. Council adopted a Capital Reserve Fund Policy with the intent to save for capital improvements and equipment purchases. Anticipated needs over the next five years far exceed the amount currently in Reserve Funds, and no other funding sources have been identified. Staff recommends allocating the remaining $1.4 million from excess General Fund balances to capital reserves. Reserve Funds are General Fund funds, and the majority of monies in them can be reallocated at any time.
The FAC’s work on pension obligations and an update of anticipated needs for capital improvements and equipment purchases over the next five years will be presented to the Council with the biennial budget.
A summary of Council comment is as follows: a preference to retain funds for future pension payments given the uncertain nature of investment returns and increasing pension payments.
MOTION:
Moved by Council Member Jordan, seconded by Council Member Hansen- Romero, to adopt Resolution No. 2023-27, to reallocate and appropriate surplus General Fund fund balance.
AYES: Council Members Hansen- Romero, Jordan and López, Vice Mayor Miki, Mayor Tiedemann
NOES: None
Motion carried and so ordered.
9. PUBLIC HEARING
10. UNFINISHED BUSINESS
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ALBANY CITY COUNCIL – MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Monday, May 1, 2023
7 11. NEW BUSINESS
11-1. Drafting of Contraflow Parking Bill
Council Member Jordan R ecommendation: That the Council direct the City Attorney’s Office to work with Assemblymember Wicks’ staff to draft a bill legalizing contraflow motorist parking toward the semidiverters on Adams Street and Kains Avenue
Council Member Jordan presented his memorandum. Under current State law, contraflow parking, also known as left -side parking or wrong- way parking, is not legal on two-way streets. The proposal is to prepare a bill to legalize contraflow parking for the Kains Avenue/Adams Street Bicycle Boulevard Pilot Project . Analyses of parking on three Berkeley streets with contraflow parking, parking occupancy for the Berkeley streets and Kains and Adams, and the collision history for the five streets found that more than nine of ten motorists chose to park contraflow on the semidiverted side of the block, parking occupancy on the Berkeley streets was greater than on the Albany streets, there were no collisions on the Berkeley streets during the nine- year study period, and contraflow parking by motorists on blocks of local streets with semidiverters does not cause a measured increase in collisions.
A summary of public comment is as follows: trying to change State law before determining whether the pilot project meets its goals seems premature; the Council should complete the one-year trial project before conducting any analysis of it; the Berkeley streets are not comparable to Kains Avenue and Adams Street; reducing the number of cars on Kains would make it more bicycle friendly and benefit kids biking to school.
Council Member Jordan indicated his observations of Kains and Adams found the vast majority of motorists are parking contraflow. Legalizing contraflow parking would not change the use of the streets at the current time. A proposed bill would maintain the conditions as they currently exist. The length of time needed to pass a bill supports beginning the bill process now.
A summary of Council comment is as follows: concern that drivers do not know how to maneuver through the affected blocks and the concerns of residents on those blocks ; more signage and outreach may be needed; the sooner the City begins the bill process the better; getting motorists to drive slower only benefits Albany; allowing one-way streets with semidiverters and two-way cycling traffic would be a different approach; the Council needs to understand the effects of the project on residents, motorists, and bicyclists; residents had multiple opportunities to comment on the project during its lengthy planning, design, and review process; not enforcing a State law could place the City in a dangerous situation; the project needs to continue for at least a year to understand its effectiveness; installing two-way traffic signs at the entry of the four blocks adjacent to Solano Avenue sooner rather than later could be a beneficial adjustment; the Council should proceed with legalizing contraflow parking and raise the option of one- way streets with semidiverters •
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ALBANY CITY COUNCIL – MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Monday, May 1, 2023
8 and two-way bicycle traffic; support for exploring the option and additional signage and outreach.
City Attorney Mala Subramanian noted the item was agendized as pertaining to parking and contraflow parking and recommended a future item regarding the option.
MOTION:
Moved by Vice Mayor Miki, seconded by Council Member Jordan, to direct the City Attorney’s Office to work with Assemblymember Wicks’ staff to draft a bill legalizing contraflow motorist parking toward the semidiverters on Adams Street and Kains Avenue.
AYES: Council Members H ansen-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 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 Move ‘n’ Groove, the Community Expo, and the AC Transit breakfast. He recommended the public complete AC Transit’s community survey and noted AC Transit’s efforts to become a zero emission fleet through the increased usage of hydrogen fuel cell buses . He also toured the Gill Tract Farm with Council Member López and attended the ribbon-cutting ceremony for the new compost program.
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ALBANY CITY COUNCIL – MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Monday, May 1, 2023
9 Council Member López reported he toured the Gill Tract Farm and attended the ribbon- cutting ceremony with Vice Mayor Miki. The compost program is scheduled to be open on Sundays from noon to 4:00 PM.
Mayor Tiedemann reported Ms. McQuaid’s report for HACA is attached to the agenda. At the April 12, 2023 meeting, HACA discussed the annual financial audit results, the executive director’s retiremen t, programming, and the Family Self Sufficiency Pr ogram.
In addition, he reported he attended the East Bay Community Energy (EBCE) Board meeting, where the Board discussed new office space and passed a program for truck charging in Livermore; and an Association of Bay Area Government (ABAG) Executive Committee meeting, where they discussed the budget. The ABAG budget includes a 10% increase in membership dues. Mayor Tiedemann also announced he was appointed to ABAG’s Housing Committee and ABAG and Metropolitan Transportation Commission’s (MTC) Joint Legislative Committee.
Council Member Jordan reported he attended the Alameda County Transportation Commission (ACTC) meeting, in which they learned the first hydrogen fuel cell drayage trucks will be delivered shortly, adopted a paratransit program implementation adjustment, adopted contract change orders to fund the Safe Routes to School team for another year, and announced the Golden Sneaker winner. At the meeting, he suggested a Golden Sneaker award for most improved grade or school and a student transit pass program. Council Member Jordan reported AC Transit’s community survey is available at actransit.org/realign.
Council Member Hans en-Romero reported she attended a StopWaste Board meeting, where they discussed financial reports and budgets and providing single- use items by request only. She encouraged everyone to review StopWaste programs and think about ways to implement them.
13. FUTURE AGENDA ITEMS
Mayor Tiedemann requested an agenda item or note in the City Manager’s Report regarding additional outreach and signage for the Kains Avenue/Adams Street Bicycle Boulevard Pilot Project.
Council Member Jordan requested an agenda item regarding the option of one -way streets with semidiverters and two- way bicycle traffic for the Kains/Adams project .
Another potential agenda item is a requirement for repairs to sidewalks narrower than 5 feet to include widening the sidewalk to 5 feet.
14. ANNOUNCEMENT OF CITY MEETINGS AND EVENTS
Upcoming City Meetings
1. Financial Advisory Committee Meeting, Wednesday, May 3, 7:00 PM, City Hall Council Chambers
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ALBANY CITY COUNCIL-MINUTES
1000 San Pablo Avenue
Albany , CA 94706
Monday ; May 1, 2023
2. Arts Committee Meeting, Monday, May 8, 7:00 PM, City Hall Council Chambers
3. Planning & Zoning Commission Meeting, Wednesday, May 10, 7:00 PM, City Hall Council Chambers
4. Parks, Recreation and Open Space Commission Meeting, Thursday, May 11, 7:00 PM, City Hall Council Chambers
5. City Council Meeting, Monday, May 15, 7:00 PM, City Hall Council Chambers
15. ADJOURNMENT
10:20 p.m. There being no further business before the City Council, Mayor Tiedemann adjourned the meeting.
Minutes submitted by Anne Hsu, City Clerk.
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Attest:
Arine Hsu, City Clerk
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