CITY OF ALBANY MINUTES OF THE ALBANY CITY COUNCIL CITY COUNCIL CHAMBER, 1000 SAN PABLO AVENUE MONDAY, JULY 7, 2014

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1 CITY OF ALBANY MINUTES OF THE ALBANY CITY COUNCIL CITY COUNCIL CHAMBER, 1000 SAN PABLO AVENUE MONDAY, JULY 7, :30 p.m. CALL TO ORDER Mayor Wile called the meeting to order at 7:30 pm. 1. PLEDGE OF ALLEGIANCE Finance Director Tina McKenney led the Pledge of Allegiance to the Flag. 2. ROLL CALL Present: Council Members Atkinson, Barnes, Vice Mayor Maass, Mayor Wile. 3. REPORT ON ACTION TAKEN IN CLOSED SESSION, IF ANY 4. CONSENT CALENDAR 4-1. Minutes, June 16, 2014 Staff recommendation: Approve 4-2. Ratification of Payroll a. Ratification of City of Albany net payroll in the amount of $217,874.02; taxes, benefits & withholdings in the amount of $181, Total payroll in the amount of $399, Payroll period: 6/13/2014 b. Ratification of Albany Municipal Services JPA net payroll in the amount of $47,205.22; taxes, benefits & withholdings in the amount of $33, Total payroll in the amount of $80, Payroll period: 6/13/2014 Staff recommendation: Ratify 4-3. Ratification of Bills, Claims and Demands - Ratification of bills, claims and demands against the City of Albany in the amount of: $94, (6/13/2014); $130, (6/19/2014); $124, (6/27/2014)

2 Staff recommendation: Ratify 4-4. Ratification of Police & Fire Pension Plan payments in the amount of $114, for the month of June, Staff recommendation: Ratify Adoption of Updates to the Appropriation Limit: Resolution No , Correcting the Previously Adopted Fiscal Year Appropriations Limit; and Resolution # establishing the Appropriations Limit for the Fiscal Year at $17,550,980 Staff recommendation: that the City Council: 1) Approve Resolution No , a Resolution of the Albany City Council Correcting the Appropriation Limit Previously Adopted for the Fiscal Year; and 2) Approve Resolution No Establishing the Appropriation Limit at $17,550, City Council Appointment of Alternate to Board of Police and Fire Pension Fund Commissioners Staff recommendation: that the City Council appoint a City Council Member as the Mayor s alternate to the Board of Police and Fire Pension Fund Commissioners who can regularly attend the meetings 4-7. Resolution No A Resolution of the Albany City Council adopting the Fiscal Year tax rate for the pension override tax to fund police and fire pension obligations Staff recommendation: that the City Council approve Resolution No adopting the Fiscal Year (July 1, 2014 June 30, 2015) tax rate for the pension override tax to fund City of Albany Public Safety pension obligations 4-8. Public Works Service Center - Resolution No , Authorizing the City Manager to Execute the First Amendment to the Agreement with Gillis + Panichapan Architects Staff recommendation: that the City Council adopt Resolution No authorizing the City Manager to execute the First Amendment to the GPa agreement for preliminary design and specifications for a new Public Works Service Center at 540 Cleveland Ave, and appropriating unallocated LLAD funds 2

3 Mayor Wile asked if anyone would like to remove an item, item 4-6, was removed from the consent calendar. Mayor Wile nominated Vice Mayor Maass to serve as the alternate to the Board of Police and Fire Pension Fund Commissioners. Vice Mayor Maass indicated he would recuse himself from voting on the minutes from the June 16, 2014 meeting. Moved by Council Member Atkinson, seconded by Council Member Barnes to approve Consent Calendar item 4-6, appointing Vice Mayor Maass to serve as the alternate to the Board of Police and Fire Pension Fund Commissioners. Moved by Council Member Barnes, seconded by Council Member Atkinson to approve the Minutes from June 16, AYES: Council Members Atkinson, Barnes, Mayor Wile RECUSED: Vice Mayor Maass Moved by Council Member Barnes, seconded by Council Member Atkinson to approve the remaining Consent Calendar items as submitted. 5. PRESENTATION 6. GOOD OF THE CITY/PUBLIC FORUM/ANNOUNCEMENTS Mayor Wile opened Good of the City/Public Forum. The following people spoke: Karina Tindol, Community Engagement Specialist; Paul O Curry; Amber Whitson; Allan Maris. A summary of comments is as follows: Announced National Night Out and the Safety Palooza events; suggested abandoned homes in Albany be used for people who are homeless; expressed concern regarding lack of low income housing in Albany; expressed appreciation for 4 th of July event at Memorial Park and announced the upcoming Albany Triathlon. City Manager Leach announced the Albany Fire Department has sent three staff and a fire rig to assist with the Yolo County fire. Mayor Wile expressed appreciation to the Recreation Department for the 4 th of July event. 3

4 7. PUBLIC HEARING 7-1. Public Hearing on the Levy of Assessments within Assessment District No and No for Fiscal Year 2014/15 pursuant to the Landscaping and Lighting Act of 1972 Staff recommendation: that the City Council: 1. Conduct a Public Hearing 2. Approve Resolution No A Resolution of the Albany City Council Confirming the Diagram and Assessment and Levying Assessments in Assessment District No for Fiscal Year 2014/15 (pursuant to the Landscaping and Lighting Act of 1972) 3. Approve Resolution No A Resolution of the Albany City Council Confirming the Diagram and Assessment and Levying Assessments in Assessment District No for Fiscal Year 2014/15 (pursuant to the Landscaping and Lighting Act of 1972) Public Works Director Ray Chan delivered the staff report. Assessment District No and 1996-were formed pursuant to the provisions of Section et. Seq. of the state Streets and Highways Code, Landscaping and Lighting Act of These Landscaping and Lighting Assessment Districts (LLAD) provide funding for landscaping and lighting improvements throughout the City. The proposed FY 2014/15 assessment for LLAD for a detached single-family residential parcel is $ Assessments for other parcels of land are based on special benefit as determined by the Engineer. Annual assessments in LLAD No have not been increased since FY 1993/94. The proposed 2014/15 FY assessment for LLAD for a detached single-family residential parcel is $69. Assessments for other land use are based upon the special benefits received compared to those received by a SFR parcel. Assessments in LLAD No have not been increased since formation of the District in The adoption of the resolutions will constitute the levy of an assessment within each District. Mayor Wile opened the public hearing. The following people spoke: Allan Maris. A summary of comments is as follows: asked about property acquisition on Albany Hill. City Manager Leach replied that the remaining property on Albany Hill is privately owned at this time. Moved by Vice Mayor Maass, seconded by Council Member Atkinson to Approve Resolution No A Resolution of the Albany City Council 4

5 Confirming the Diagram and Assessment and Levying Assessments in Assessment District No for Fiscal Year 2014/15 (pursuant to the Landscaping and Lighting Act of 1972), and approve Resolution No A Resolution of the Albany City Council Confirming the Diagram and Assessment and Levying Assessments in Assessment District No for Fiscal Year 2014/15 (pursuant to the Landscaping and Lighting Act of 1972) Ordinance No , Amendments to Chapter 20 Planning and Zoning related to Secondary Dwelling Units Staff recommendation: That the City Council introduce for first reading Ordinance amending Chapter 20 Planning & Zoning of the Albany Municipal Code related to Secondary Dwelling Units. The Planning & Zoning Commission adopted Resolution forwarding a recommendation to the City Council to authorize amendments to Chapter 20 Planning & Zoning of the Albany Municipal Code. The proposed amendments are consistent with Program 4.B Second Units of the adopted Albany Housing Element for the planning period. City Planner Anne Hersch delivered the staff report. On March 3, 2014, the City Council adopted the Housing Element. Chapter 6 of the Housing Element includes Goals, Policies, and Action Programs which are intended to carry out the adopted housing goals. Program 4.B specifically identifies amending the City s Second Unit regulations to facilitate the creation of additional second units in the City. Proposed amendments to the Albany Municipal Code (AMC) are intended to implement Program 4.B. This policy is designed to encourage the addition of small, more affordable housing units to Albany s housing stock, and includes language to add flexibility regarding how parking requirements are satisfied to allow for tandem parking in accordance with State regulations. The following people spoke: Nick Pilch; Allan Maris. A summary of comments is as follows: expressed support for the proposed amendment; asked for clarification regarding relation to Measure D parking requirements and safety of setback allowances. Moved by Council Member Atkinson, seconded by Vice Mayor Maass to introduce for first reading Ordinance amending Chapter 20 Planning & Zoning of the Albany Municipal Code related to Secondary Dwelling Units 5

6 8. UNFINISHED BUSINESS 9. NEW BUSINESS 9-1. Appointment to City Council Vacancy Staff recommendation: that the City Council adopt Resolution No , appointing an individual to the vacant seat on the City Council to serve until the certification of the results of the November 4, 2014 general municipal election Assistant City Manager/City Clerk Nicole Almaguer delivered the staff report. A total of three applications were received from individuals interested in serving on the City Council including: Peggy McQuaid, Rochelle Nason, and Nick Pilch. Almaguer reviewed the process approved by the Council for identifying an appointee including inviting each of the applicants to address the Council regarding their interest in serving as a Council Member, receiving public comment, Council discussion of applicants and Council Members balloting to identify nominees, and depending on the total number of nominees, a balloting process to help narrow the field of applicants. Mayor Wile invited each of the applicants to address the Council regarding their interest in serving on the Council. Peggy McQuaid, Rochelle Nason and Nick Pilch addressed the Council. The following people spoke: Robert Marshall; Emma Yee; Peter Goodman; Jackie Armstrong; Caryl O Keefe; Amber Whitson; Andrew Franklin; Brian Parsley; Todd Abbott; Kim Denton; Doug Donaldson; Joan Larson; Chuck Rose; Farid Javandel; Jim Thomsen; Allan Maris. A summary of comments is as follows: expressed support for Nick Pilch, expressed support for Peggy McQuaid. A summary of Council comments is as follows: expressed appreciation to the three applicants. The Council conducted a balloting process to nominate applicants. The following applicants were nominated: Council Member Atkinson nominated Rochelle Nason. Council Member Barnes nominated Peggy McQuaid. Vice Mayor Maass nominated Nick Pilch. Mayor Wile nominated Rochelle Nason. Almaguer tallied the ballots and announced that three applicants were nominated. Almaguer reviewed the balloting process, and a balloting process was conducted. The Council was instructed to vote for two of the three nominees. 6

7 The balloting results were as follows: Council Member Atkinson: Nason, Pilch Council Member Barnes: McQuaid, Nason Vice Mayor Maass: Pilch, Nason Mayor Wile: Nason, McQuaid Almaguer announced that Nason received four votes and that McQuaid and Pilch tied, receiving two votes each. A tie-breaker round of balloting was conducted to break the tie between McQuaid and Pilch. Almaguer instructed the Council to vote for one of the two nominees. The balloting results were as follows: Council Member Atkinson: Pilch Council Member Barnes: McQuaid Vice Mayor Maass: Pilch Mayor Wile: McQuaid Almaguer tallied the ballots and announced that a tie remained between McQuaid and Pilch. Another round of tie break balloting was conducted. The balloting results were as follows: Council Member Atkinson: Pilch Council Member Barnes: McQuaid Vice Mayor Maass: Pilch Mayor Wile: McQuaid Almaguer tallied the ballots and announced that a tie remained between McQuaid and Pilch. A final round of tie break balloting was conducted. City Manager Leach confirmed with Mayor Wile that if the results of the third round of tie-break balloting resulted in another tie that the Mayor would identify the nominee to continue in the balloting process. The balloting results were as follows: Council Member Atkinson: Pilch Council Member Barnes: McQuaid Vice Mayor Maass: Pilch Mayor Wile: McQuaid Almaguer announced that a tie remained between McQuaid and Pilch. Mayor Wile selected Pilch to continue in the balloting process. Another round of balloting was conducted for the two remaining nominees, Nason and Pilch. The Council was instructed to vote for one of the two nominees. 7

8 The balloting results were as follows: Council Member Atkinson: Nason Council Member Barnes: Nason Vice Mayor Maass: Pilch Mayor Wile: Nason Almaguer reported that Nason had received 3 votes, which is a majority of the City Council. Moved by Council Member Atkinson, seconded by Council Member Barnes to adopt Resolution No , appointing Rochelle Nason to the vacant seat on the City Council to serve until the certification of the results of the November 4, 2014 general municipal election 9-2. Proposed Traffic Calming Project on the 800 block of Washington Avenue Staff recommendation: that the City Council approve the traffic calming plan for the 800 block of Washington Avenue that includes: 1) Red curb no parking areas along Washington Avenue from Pierce to Cerrito, 2) Installation of bulb outs at Gateview Avenue, Polk Street, and Cerrito Street, and 3) installation of a raised crosswalk at the top of the Washington Avenue hill Transportation Planner Alieda Andrino Chavez delivered the staff report. In 2011, residents of the 800 block of Washington Avenue approached staff about speeding, increasing cut-through traffic and issues with vehicles parking on the sidewalk. The Albany Active Transportation Plan (ATP) also identified parking, vegetation, and unattended garbage or recycling bins on sidewalks as barriers to walking and pedestrian safety. The posted speed limit on the 800 block of Washington Avenue is 15 mph due the hilly topography. A speed survey taken in January 2011 found that 85 th percent of vehicles travel at 23.7 mph. Staff received a grant from Tech Transfer Program of the University of California Transportation Center to conduct a Pedestrian Safety Assessment on the 800 block of Washington Avenue. Following review of the study, the Traffic & Safety Commission recommended pursuing a traffic calming plan that includes engineering design of the bulb outs and to install the recommended raised crosswalk by the hill crest (near Catherine s Walk) along with a test area for the red curb between Gateview and Polk allowing parking on one side of the street for crosswalk visibility. The remaining red curb proposal between Pierce and Gateview will be implemented at a later date pending evaluation of the test area. Chavez cited the Albany Municipal Code which authorizes the City Engineer to implement red curbs. 8

9 The following people spoke: Thelma Rubin; Serena Matheison; Preston Jordan, Albany Strollers & Rollers; James Simmons; Caryl O Keefe; Alan Riffer. A summary of comments is as follows: expressed concern with red curb areas and impact on number of parking spaces; expressed support for the improvements to help protect pedestrians and increase safety in area, parking in the area is currently not enforced and it is a liability; expressed concern with emergency accessibility; asked about number of homes that do not have an off-street parking space and referenced an analysis that had been conducted previously by City staff. A summary of Council comments is as follows: asked about street barriers as an alternative to red curbs, encouraged working with the neighbors on solutions, expressed support for increasing safety in the area, and using an incremental approach that can be evaluated for effectiveness, expressed support for improvements that are reversible such as painting as a first step instead of improvements that would be more challenging to remove such as concrete bulb outs. Moved by Vice Mayor Maass, seconded by Council Member Barnes to approve the traffic calming plan for the 800 block of Washington Avenue that includes: 1) Red curb no parking areas along Washington Avenue from Pierce to Cerrito, 2) Installation of bulb outs at Gateview Avenue, Polk Street, and Cerrito Street, and 3) installation of a raised crosswalk at the top of the Washington Avenue hill 10. OTHER BUSINESS, REPORTS ON MEETINGS ATTENDED, ANNOUNCEMENT OF EVENTS/FUTURE AGENDA ITEMS. Council Member Atkinson expressed appreciation for the 4 th of July event. Mayor Wile announced that she met with the Architect regarding the planned demolishing of Marin School, and met with the Watershed Project to discuss potential grant funded projects including rain gardens and projects at the waterfront. Mayor Wile announced that the East Bay has reduced water consumption by 2%, and that much more conservation is needed. 11. ADJOURNMENT 9:41 pm. There being no further business before the City Council it was moved and seconded to adjourn the meeting. Minutes submitted by Nicole Almaguer, City Clerk. 9

10 Joanne Wile Mayor Attest: Nicole Almaguer City Clerk 10