ALBANY CITY COUNCIL – MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Monday, September 18, 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
Present: Council Members Hansen- Romero, Jordan and López, Vice Mayor Miki, Mayor Tiedemann
Absent: None
Mayor Tiedemann summarized the Mayor’s Statement regarding racial equity.
3. REPORT ON ACTION TAKEN IN CLOSED SESSION, IF ANY
4. CEREMONIAL MATTERS
4-1. Proclamation – Albany’s 115
th Anniversary
Mayor Tiedemann presented the proclamation to everyone in Albany.
5. CITY MANAGER REPORT
City Manager Nicole Almaguer reported Albany Local Week (albanyca.org/albanylocalweek) is underway with a Concert in the Park and other events during the week. The Albany Chamber of Commerce’s Best of Albany Awards Gala will be held on September 21, 2023, at 6 PM . A Streetlighting Workshop to present streetlighting options will be held on September 19, 2023, at the Albany Senior Center.
Construction of the Sidewalk Repair Program Phase 7 will begin in September 2023, and information and a map of locations are posted on the City website (albanyca.org). The Annual Pavement Rehabilitation Project began last week and will cover several locations across the City. A map of the locations can be found on the City website. Street banners are being replaced at the entrances to the City and along San Pablo and Solano Avenues.
6. GOOD OF THE CITY/PUBLIC COMMENT
Mayor Tiedemann opened the Good of the City.
No one offered comment.
7. CONSENT CALENDAR
7-1. Minutes – September 5, 2023
Staff Recommendation: Approve
7-2. Ratification of Payroll – Date Paid 9/8/2023: Net Amount: $395,397.20, Taxes/Benefits/Deductions: $415,303.16, Total Payroll: $810,700.36 Date approved: October 2, 2023•
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ALBANY CITY COUNCIL – MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Monday, September 18, 2023
2 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 $ 214,531.90 ( 9/1/2023), $253,291.89 (9/8/2023)
Staff Recommendation: Ratify
7-4. Updates to the City Council Procedures & Policies
Staff Recommendation: That the Council adopt Resolution No. 2023-65, approving an amendment to the City Council Procedures & Policies
7-5. Annual Storm Drain Rehabilitation Program (CIP No. 35000) – 2023 Storm Drain Repair Project – Award of Construction Contract No. C23- 39 and Construction Management Services Contract No. C23-66
Staff Recommendation: That the Council adopt Resolution No. 2023-66:
1. Authorizing the City Manager to award Contract No. C23- 39 to GradeTech to construct the 2023 Storm Drain Repair Project for the not-to-exceed amount of $135,660.00; and
2. Authorizing the City Manager to execute Contract No. C23- 66 with CAP Engineering to provide construction management services for the not -to- exceed amount of $28,525.00
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, permitting, leasing, licensing, or minor alteration of existing sewer with negligible expansion of use.
Mayor Tiedemann asked if anyone wishes to remove items from the consent calendar.
No one removed an item.
MOTION:
Moved by Council Member Jordan, seconded by Vice Mayor Miki, 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.
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ALBANY CITY COUNCIL – MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Monday, September 18, 2023
3 8. PRESENTATION
8-1. Economic Development Program Update
Staff Recommendation: That the Council receive a presentation on efforts to foster economic development and support our local businesses
Assistant to the City Manager/Public Information Officer Brennen Brown presented the staff report. In 2021, the City retained Montagh Consulting, which has been integral in developing economic developm ent programs. The City initiated communication and outreach to business, four grant programs, promotions, and the website ChooseAlbany.org to assist and promote Albany businesses in 2022-2023.
Communication and engagement with businesses include one- on-one meetings, the Business eNews, help in navigating the permit process, and surveys. Grant programs consist of the COVID Small Business Assistance Grant, Window and Door Repair Grant, Parklet Grant, and Business Attraction and Improvement Grant, all of which have been funded with American Rescue Plan Act (ARPA) funds. The Albany eGift Card Program was introduced during Albany Local Week in 2022, and more than $110,000 in gift cards has been redeemed. The Albany Economic Development website offers resources to businesses located in Albany and looking to relocate to Albany. The website has a link to Zoom Prospector, which provides information regarding available commercial properties and consumer insights. The Office of Economic Development has introduced a welcome brochure and an attraction brochure. New street banners are intended to advertise Albany’s commercial areas and encourage shopping and dining in Albany.
To advertise its programs, the Office of Economic Development has utilized sponsored stories, banner ads on local news sites, advertisements, and social media. In addition, the Office of Economic Development partners with the Albany Chamber of Commerce, Solano Avenue Association, East Bay Small Business Development Center, and E ast Bay Works. The City is a member of the East Bay Economic Development Alliance, California Association of Local Economic Development, and Innovating Commerce Serving Communities.
Next steps are to continue working with Albany’s businesses, work to fill commercial vacancies, and make Albany “top of mind” through additional stories in the press and communications with brokers.
A summary of Council comment is as follows: a request for talking points about Albany businesses; appreciation for the work of the Office of Economic Development; a suggestion for e-gift cards that are redeemable in the weeks following the Solano Stroll.
9. PUBLIC HEARING
10. UNFINISHED BUSINESS
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ALBANY CITY COUNCIL – MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Monday, September 18, 2023
4 11. NEW BUSINESS
11-1. Procedures for Filling a Vacant Seat on the City Council by Appointment
Mayor Tiedemann & Council Member Jordan Recommendation: That the Council discuss and confirm the framework for procedures to fill a vacant seat on the City Council by appointment and direct staff to prepare an ordinance for Council consideration at a subsequent meeting
An additional proposed recommended action is to direct staff to prepare an ordinance amending Municipal Code Section 7- 3.6 to assure the provision of runner up election results for use implementing the first runner up appointment approach.
Mayor Tiedemann and Council Member Jordan presented their memorandum. The issue arose when a vacancy on the Council occurred during the 2022 election cycle. In 2016, voters approved Measure Q1, which required the Council to adopt an ordinance establishing procedures for filling a vacancy by appointment. The 2022 Council passed an urgency ordinance to appoint the first runner up from the General Election. The memorandum presents two approaches to fill a vacant seat: first runner up and application.
The first runner up approach is designed for use during the period of 45 days before and six months after a General Election. The runner up would need three-fourths of the votes required for the election threshold in order to be appointed to the vacant seat. In the event a runner up’s number of votes does not meet the threshold with the first round votes, additional rounds would be counted until the number of candidates is one more than the number of vacant seats and the number of votes meets the threshold. This provision requires an amendment of Municipal Code Section 7-3.6.
The application approach is suggested for use outside the timeframe around a General Election and includes two weeks for submission of applications, a p ublic meeting with a question-and-answer period, and repeated open balloting. Should two Council vacancies occur during the timeframe, the first vacancy would be filled using the runner up approach and the second using the application approach.
A summary of Council comment is as follows: the Council could consider the election results in an application process; the intent of the runner up approach is to express the will of the voters in filling the vacant seat; hope that an application can be developed well in advance of the need for it.
MOTION:
Moved by Council Member Jordan, seconded by Mayor Tiedemann, to direct staff to prepare ordinances: 1) specifying the method of appointment as the first runner up approach with modifications discussed during the meeting, and 2) amending Municipal Code Section 7-3.6 to ensure the provision of election results suitable for use in the first runner up approach.
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ALBANY CITY COUNCIL – MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Monday, September 18, 2023
5 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 Miki
Alameda County Paratransit Advisory &
Planning Committee (PAPCO)
(vacant) N/A
Mayor Tiedemann reported he attended the Mayors’ Conference, where they learned about Assembly Constitutional Amendment ( ACA) 13 and changes in the Air Quality Resources Board, and watched the Association of Bay Area Governments (ABAG) Housing Committee meeting, where they discussed the Bay Area Housing Finance Authority (BAHFA) regional bond.
Council Member Jordan reported he attended the Alameda County Transportation Commission (ACTC) Planning, Policy and Legislation Committee meeting, where they discussed legislation prohibiting parking around an intersection with a crosswalk. He advised that he is slowly working with ACTC to change the calculation of the Pavement Condition Index (PCI). In response to his email, he met with Albany Unified School District (AUSD) Trustees Davidson and Khan regarding the multiuse path along Jackson Street.
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ALBANYCITYCOUNCIL-MINUTES
1000 San Pablo Avenue
Albany, CA 94706
Monday, September 18, 2023
Council Member Hansen-Romero reported she attended a StopWaste meeting, where she learned about schools' sorting of waste and Albany's receipt of a grant. She indicated she has encouraged StopWaste to partner with additional groups.
Council Member Lopez reported the Gill Tract farm continues to plan its Harvest Festival.
Notes for the Alameda County Mosquito Abatement District meeting indicate the number of West Nile Virus cases detected in mosquitoes continues to rise and fogging in Livermore occurred as planned. Albany residents are encouraged to monitor and report mosquitoes .
Vice Mayor Miki reported the League of California Cities Annual Conference opens on September 20, 2023.
13. FUTURE AGENDA ITEMS
Council Member Jordan hoped a block electrification program would be presented to the Council in the near future.
14. ANNOUNCEMENT OF CITY MEETINGS AND EVENTS
Upcoming City Meetings
1. Climate Action Committee Meeting, Wednesday, September 20, 7:00 PM, City Hall Council Chambers
2. Policing Commission Meeting, Thursday , September 21, 7:00 PM, City Hall Council Chambers
3. Planning & Zoning Commission Meeting, Wednesday, September 27, 7:00 PM, City Hall Council Chambers
4. Transportation Commission Meeting, Thursday, September 28, 7:00 PM, City Hall Council Chambers
5. City Council Meeting, Monday, October 2, 7:00 PM, City Hall Council Chambers
15. ADJOURNMENT
8:31 PM There being no further business before the City Council, Mayor Tiedemann adjourned the meeting .
Minutes submitted by Anne Hsu , City Clerk.
Aaro
Atte- st: 7
Anne Hsu , City Clerk
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