CITY OF ALBANY MINUTES OF THE ALBANY CITY COUNCIL CITY COUNCIL CHAMBER, 1000 SAN PABLO AVENUE MONDAY, MAY 16, 2016

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1 CITY OF ALBANY MINUTES OF THE ALBANY CITY COUNCIL CITY COUNCIL CHAMBER, 1000 SAN PABLO AVENUE MONDAY, MAY 16, :30-7:30 p.m.- SPECIAL MEETING CALL TO ORDER 1. ROLL CALL Present: Council Members Barnes, Nason, Pilch, Vice Mayor McQuaid, Mayor Maass 2. STUDY SESSION TAX REVENUE The Council will review and discuss possible tax revenue measures that have been proposed to date for the November 2016 ballot City Manager Penelope Crumpley provided a presentation regarding tax revenue ballot measures and next steps for developing ballot measures. Tax revenue ballot measures discussed to date include: modifications to Measure R, a sugarsweetened beverage tax, a parcel tax to fund infrastructure improvements such as sidewalks and streets, a Users Utility Tax (UUTe) as proposed by the Sustainability Committee, as well as the addition of a Users Utility Tax reform (UUTr) as recently proposed by the Sustainability Committee. The following people spoke: Preston Jordan; Luis Amezura; Igor Tregub; Max Wei; Janet Smith-Heimer; Regina Beatus; Jessica Lynam - CA Restaurant Association; Sangeeta Garcha A summary of comments is as follows: Albany Strollers & Rollers support a sidewalk tax, and the tax can include pavement as well however sidewalks should have a priority, a UUTr sets Albany as a leader; Sierra Club supports a UUTr to separate the billing system and supports a tax on natural gas; a UUTe would fund outreach and education programs, provide matching funds for existing rebates, and funds for voluntary home energy efficiency inspections, funding is needed to implement the City s Climate Action Plan, UUTe and UUTr are separate items; League of Women Voters support a revenue neutral UUT tax; the California

2 Restaurant Association is against sugar-sweetened beverage tax as it is difficult for the restaurants to administer and negatively impacts restaurants; a sugarsweetened beverage tax will negatively impact small businesses. 3. ADJOURNMENT The meeting was adjourned at 7:30 p.m. 7:30 p.m. REGULAR MEETING CALL TO ORDER 1. PLEDGE OF ALLEGIANCE Mayor Maass led the pledge of allegiance. 2. ROLL CALL Present: Council Members Barnes, Nason, Pilch, Vice Mayor McQuaid, Mayor Maass 3. REPORT ON ACTION TAKEN IN CLOSED SESSION, IF ANY 4. CONSENT CALENDAR 4-1. Minutes, May 2, 2016 Staff recommendation: Approve 4-2. Ratification of Payroll City of Albany - Payroll Period: 04/29/2016; Net Payroll: $207,633.73; Taxes, Benefits, Withholdings: $159,233.43; Total: $366, Staff recommendation: Ratify 4-3. Ratification of Payroll Albany Municipal Services JPA - Payroll Period: 04/29/2016; Net Payroll: $64,799.56; Taxes, Benefits, Withholdings: $37, Total: $102, Staff recommendation: Ratify 4-4. Ratification of Bills, Claims and Demands - Ratification of bills, claims and demands against the City of Albany in the amount of: $162, (4/22/16); $3, (4/25/16); $126, (4/29/16); $139, (5/6/16) Staff recommendation: Ratify 2

3 4-5. Council Member Pilch s appointee, Beth Ellis Dickson, resigned from the Arts Committee Pavement Rehabilitation Project Staff recommendation: that the Council adopt Resolution No , authorizing the City Manager to execute an amendment to Contract C15-12 with Gallagher & Burk and the transfer of additional funds in the amount of $302,305 for the 2015 Pavement Rehabilitation Project 4-7. Resolution No Brighton Avenue Pedestrian Safety Improvements and Bicycle Facility Striping Project Staff recommendation: that the Council adopt Resolution requesting allocation of Article 3, TDA FY16 funds to MTC to partially fund the design of the Brighton Avenue Pedestrian Safety Improvements and Bicycle Facility Striping project Mayor Maass asked if anyone would like to remove an item from the Consent Calendar. Item 4-6 was removed from the Consent Calendar. Vice Mayor McQuaid expressed concern with the number of changes to the 2015 Pavement Plan, and that change orders are costly. Future projects should be fully processed before going out to bid. Engineer Wen Chen provided an overview of the changes to the 2015 Pavement Project. The following people spoke: Ken McCroskey, Preston Jordan. A summary of comments is as follows: expressed concern with the valley gutters and curb cuts. The valley gutters that have been requested for Council approval have already been constructed, there is a major change to street section heights where the valley gutters have been constructed, the drainage has been failing for over a year and this should have been known, the curb cuts are supposed to be constructed so that they are dual to point into the crosswalks and not straight into the intersection, and questioned why the design is not compliant with the specifications for curb cuts as approved by the Council; expressed support for the improvements to crosswalks at both Marin and Washington Avenues. A summary of Council comments is as follows: specifications for dual curb ramps should be adhered to, and additional policy should be developed by the Council as needed to ensure compliance. Moved by Council Member Nason, seconded by Vice Mayor McQuaid to approve the Consent Calendar as submitted. 3

4 AYES: Council Members Barnes, Nason, Pilch, Vice Mayor McQuaid, Mayor Maass. NOES: none. Motion carried and so ordered. 5. PRESENTATION 5-1. Community Emergency Response Team Graduation Ceremony and Oath of Office for new Disaster Service Workers Fire Chief Lance Calkins and Firefighter Mike Raab provided graduation certificates to the Community Emergency Response Team graduates Proclamation in Recognition of May as National Emergency Medical Services (EMS) Week Vice Mayor McQuaid presented the proclamation to Fire Chief Lance Calkins Proclamation in Recognition of May 2016 as Older Americans Month Council Member Nason presented the proclamation to Bill Decker, President Friends of Albany Seniors. 6. GOOD OF THE CITY/PUBLIC FORUM/ANNOUNCEMENTS Mayor Maass opened Good of the City. The following people spoke: Bryan Marten; Ken McCroskey; Max Wei. A summary of comments is as follows: asked about status regarding action to remove the Lion s Club cross on Albany Hill; Albany Strollers & Rollers announced that May is Bike Month and upcoming bike events; reported on lawn conversion event to conserve water. 7. PUBLIC HEARING 8. UNFINISHED BUSINESS 8-1. Resolution No Adopting a Sidewalk Repair Policy Staff recommendation: that the Council approve Resolution No adopting a Sidewalk Repair Policy as recommended by the Traffic and Safety Commission Community Development Director Jeff Bond delivered the staff report. At the December 21, 2015 meeting, the Council approved an updated sidewalk repair policy, requesting further consideration and clarification of responsible party for paying for sidewalk repairs, and examination of different models to identify opportunities to provide funding and incentives to further sidewalk repairs. 4

5 At the February 1, 2016 Council meeting, the Council directed staff to work with the Traffic & Safety Commission to prepare a proposal for the November 2016 ballot for all infrastructure projects to be eligible for funding with sidewalks as a chief priority and develop policies for sidewalk repair to help leverage private investment in sidewalks and reexamine street tree polices regarding trees that may be impacting sidewalks. At the March 7, 2016 City Council meeting, the Council directed staff to develop language for a $25/parcel tax for sidewalks weighted on square footage, equating to $150,000/year in revenue, with a low income exemption. The Council also asked staff to examine the City s sidewalk policy in coordination with the Traffic & Safety Commission, including a point of sale requirement, and outreach to property owners to inform owners that under state law they are responsible for repairing damaged sidewalks. The Traffic and Safety Commission reviewed the sidewalk policy, and proposes two means to require sidewalk repairs including a City-funded repair program based on prioritization criteria such as degree of hazard, history of incidents, location as related to the Sidewalk and Pathway Network as defined in the City s Active Transportation Plan, volume of pedestrian use, and cost savings synergy with other capital improvement projects. Existing Municipal code requirements will remain in place and upon completion of a repair project, property owners will be provided formal notice the long-term responsibility for maintenance and repair remain with the owner. The second opportunity for sidewalk repairs is establishing a point of permit requirement for larger remodel projects. Commercial properties will remain the responsibility of the property owner. The following people spoke: Harry Chomsky; Preston Jordan; Brian Beall; Bryan Marten; Ken McCrosky; Ellen Hershey. A summary of comments is as follows: City sidewalks are a network and should be maintained as a public responsibility; requiring a sidewalk repair during point of permit is recommended as it is assumed construction materials will already be in utilization, a point of sale requirement could further complicate real estate transactions and negatively impact closing costs; there should not be a distinction between commercial and residential sidewalks, sidewalk repairs should be done by the City based on prioritization criteria; damaged sidewalks are a liability, property owners should be educated regarding sidewalk responsibilities; expressed support for repairing sidewalks and improving City coordination of the repair program. A summary of Council comments is as follows: trees that have major impacts on sidewalks should be removed and replaced, a point of sale requirement for sidewalk repairs should be included; the policy should increase the pace of sidewalk repairs by property owners; property owners should be educated regarding the responsibility to repair sidewalks; mature healthy street trees should 5

6 be protected; requirements for rental properties should be included, further definition is needed to define responsibility for sidewalk repair and the City s role in sidewalk repairs. Moved by Council Member Pilch to approve Resolution No Adopting a Sidewalk Repair Policy. The motion did not receive a second motion failed. Legal Counsel Sky Woodruff noted that liability for damaged sidewalks is generally a shared responsibility between the property owner and the City. The Council gave general consensus supporting the addition of a requirement at the point of sale to replace damaged sidewalks, and that vegetation management in the right-of-way should be the responsibility of property owners. Staff will return with an updated policy Potential 2016 Revenue Measures Staff recommendation: that the Council provide direction to staff as to which revenue measure(s) to place on the November 2016 ballot City Manager Penelope Crumpley reviewed the possible revenue measures and decisions to be made regarding the revenue measures. Depending on Council direction, staff will conduct additional legal analysis regarding modifications to Measure R to confirm changing the description of open space is allowable. Additionally, direction is needed regarding whether to pursue a revenue measure for streets and sidewalks, or just for sidewalks, direction regarding the proposed Users Utility Tax increase (UUTe) and/or Users Utility Tax reform (UUTr), and whether the Council supports moving forward with a sugar-sweetened beverage tax and whether an advisory body should be included for the sugar-sweetened beverage tax. The following people spoke: Brian Beall; Max Wei; Preston Jordan; Lois Brown; Vikas Garcha; Jessica Lynam; Harry Chomsky; Bryan Marten; Ken McCrosky. A summary of comments is as follows: expressed support for a tax to fund sidewalk improvements; provided additional information regarding the proposed UUTe and UUTr, noting that the two items are separate matters, and that a UUTe is intended to help fund climate action plan implementation; expressed concern with proposed taxes as it will negatively impact property owners and renters, expressed support for a property tax to fund sidewalk repairs; expressed concern with the proposed sugar-sweetened beverage tax as it could have negative impacts on small businesses and restaurants, expressed support for a sugar-sweetened beverage tax and a tax to fund sidewalk repairs. 6

7 A summary of Council comments is as follows: Concurred that staff should proceed with ballot language to make modifications to Measure R and answer remaining legal questions regarding making modifications; expressed concern with a negative impact on the possible acquisition of the remaining parcel on Albany Hill; expressed concern with possible ballot fatigue if too many ballot measures are placed on the ballot; addressed earlier engagement with Board of Education Members regarding the sugar-sweetened beverage tax; expressed concern with sentiment expressed by Board of Education Members regarding the proposed sugar-sweetened beverage tax; suggested the sugarsweetened beverage tax fund sidewalk repairs; expressed support for a sugarsweetened beverage tax that requires majority approval; encouraged placing multiple ballot measures on the November 2016 ballot; expressed concern with the multiple tax measures due to the impact of school bond measures; questioned whether a $25 per parcel tax is enough to repair sidewalks, there is a need for a coherent policy that outlines responsibilities for sidewalks as well as educational outreach regarding the policy, and additional analysis to determine actual amount needed to fully fund a sidewalk repair program; expressed concern with the proposed increase in the UUT, and for clarification regarding the UUT increase and the UUT reform, suggested a pilot program for energy efficiency and related climate change programs; requested additional study of the UUT reform. Moved by Council Member Barnes, seconded by Vice Mayor McQuaid to pursue changes to Measure R to give more flexibility on how revenue can be spent and that staff return with possible ballot language, and that public outreach be conducted to explain how funding will be used before any policy changes occur. AYES: Council Members Barnes, Pilch, Vice Mayor McQuaid, Mayor Maass. NOES: Council Member Nason. Motion carried and so ordered. Moved by Council Member Nason, seconded by Council Member Pilch to place a soda tax on the ballot, and include Option C of an advisory body which is an annual special study session in advance of the City Council adoption of the City s budget, and that recommendations from the City s Parks & Recreation Commission, Social & Economic Justice Commission, Traffic & Safety Commission, the Albany Unified School District, and any other public bodies as well as outreach to local experts in the areas of public health will be encouraged for presentation at the study session. AYES: Council Members Nason, Pilch, Vice Mayor McQuaid, Mayor Maass. NOES: Council Member Barnes. 7

8 Motion carried and so ordered. The Council unanimously approved extending the meeting to 11 p.m. Moved by Council Member Pilch, seconded by Mayor Maass to place a parcel tax on the November 2016 ballot in the amount of $25 for sidewalk repairs. AYES: Council Members Pilch, Vice Mayor McQuaid, Mayor Maass. NOES: Council Members Barnes, Nason. Motion carried and so ordered. Moved by Council Member Pilch, seconded by Mayor Maass to place an increase in the Users Utility Tax on the November 2016 ballot. AYES: Council Members Pilch, Mayor Maass. NOES: Council Members Barnes, Nason, Vice Mayor McQuaid. Motion failed. Staff will return to the Council with draft ballot language at the first meeting in July. The Council concurred that analysis regarding the proposed UUT reform be deferred as timing will not allow for placement on the November 2016 ballot. The Council agreed to extend the meeting until 11:45 p.m. 9. NEW BUSINESS 9-1. Financial Update Quarter 2 Fiscal Year 2015/16 and Fiscal Year 2014/2015 Staff recommendation: that the Council receive a financial update regarding Fiscal Year 2015/16 and adopt Resolution No approving the designation of reserve funds Finance Director David Glasser delivered the staff report summarizing financial activity for the City s General Fund during the fiscal year ending June 30, 2015, and the second quarter of the current fiscal year ending December 31, As of December 31, 2015 the authorized General Fund Budget was $17.8 million. This was to be funded by $17.9 million in revenue. Total revenue through December 31, 2015 was $8.0 million, which represented 45% of the budget. Revenue collection is not evenly distributed through the year. 8

9 Total General Fund expenditures for the second quarter were $8.01 million. This represented 45% of the amount budgeted, which is slightly below the 50% of the year completed. The General Fund ended the fiscal year with approximately $1 million in additional fund balance ($2.1 million total). The fiscal year adopted General Fund Budget anticipated a small, $24 thousand surplus for the fiscal year. In looking at the mid-year financial picture the financial plan appears to be on target with no significant corrections needed at this time. City Manager Crumpley reported that the City achieved a higher surplus than estimated, identified possible uses of these one-time monies. The recommended sidewalk repair is in addition to funds approved in the FY Capital Improvement Project (CIP) program. In the current CIP, $150K is budgeted for FY16/17. If the recommended allocations above are approved, there would be a total of $300,000 for sidewalk repair in FY2016/2017. Should a parcel tax be approved by Council and pass in November 2016, the first installment would not be until December Proposed use of surplus funds is as follows: Designation Amount Facilities Contingency Reserve $ 200,000 Public Works (Equipment) Reserve $ 150,000 Police (Equipment) Reserve $ 45,000 Fire (Equipment) Reserve $ 45,000 Sidewalk Repair (FY 2017) $ 150,000 Public Art $ 100,000 Pierce St Park $ 150,000 JPA / City Merger $ 270,000 Total $ 1,110,000 Moved by Council Member Nason, seconded by Mayor Maass to adopt Resolution No approving the designation of reserve funds, with the funds intended to be allocated to public art to remain as undesignated reserves that are programmed later pending the outcome of the November 2016 election. AYES: Council Members Barnes, Nason, Vice Mayor McQuaid, Mayor Maass. NOES: Council Member Pilch. Motion carried and so ordered. 9

10 10. OTHER BUSINESS, REPORTS ON MEETINGS ATTENDED, ANNOUNCEMENT OF EVENTS/FUTURE AGENDA ITEMS Upcoming City Events Local Garden Swap: Community Center, every Tuesday, 6:30 PM Bike About Town, Friday, May 20, 6:30 PM, Bikes on Solano 1554 Solano Avenue Asian Heritage Month Celebration, Saturday, May 21, 2 PM, Community Bike-in Movie Night, Friday, May 27, 6:30 PM, Community Center Upcoming City Meetings Sustainability Committee, Wednesday, May 18, 7:30 PM, City Hall Council Chambers Community Media Access Committee, Monday, May 23, 6:00 PM, City Hall Council Chambers Planning & Zoning Commission, Wednesday, May 25, 7:00 PM, City Hall Council Chambers Traffic & Safety Commission, Thursday, May 26, 7 PM, City Hall Council Chambers 11. ADJOURNMENT 11:45 p.m. 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. Peter Maass Mayor Attest: Nicole Almaguer, City Clerk 10