Title
Adoption of Resolution Approving the Engineer’s Report and Declaring the City of Alameda's Intention Not to Order the Levy and Collection of Assessments for Zone 7 of the Island City Landscape and Lighting District 84-2 and Providing for Notice of Public Hearing on June 18, 2024 - Island City Landscaping and Lighting District 84-2. (Public Works 27441530)
Body
To: Honorable Mayor and Members of the City Council
From: Jennifer Ott, City Manager
EXECUTIVE SUMMARY
In 1984, the City Council established the Island City Landscaping and Lighting District 84-2 (District). The purpose of this special assessment district is to provide enhanced maintenance in the public areas of the District's six zones throughout the City of Alameda (City). Each year, the City Council levies special assessments in connection with the District. Zone 7 (Zone) includes the 1100 and 1200 blocks of Bay Street.
On June 20, 2023, City Council provided direction to staff to remove and replant old, diseased Elm trees within the Zone before dissolving the Zone. No assessment was levied in Fiscal Year 2023-24 and no levy of assessment is proposed for Fiscal Year 2024-25. The hazardous trees were removed and replanted, and staff continues to work collaboratively with Zone residents to exhaust the Zone’s fund balance before dissolution. Staff anticipate dissolution proceedings will occur in the coming fiscal year.
BACKGROUND
The District was established in 1984 pursuant to the Landscape & Lighting Act of 1972 (Streets & Highways Code Sections 22500 et seq.). Parcels in each zone are assessed only for the costs associated with improvements in that zone. Zone 7 includes the 1100 and 1200 blocks of Bay Street. This Zone was annexed into the District in 1986 at the request of the property owners along the 1100 and 1200 blocks of Bay Street who desired the planting and re-planting of larger and special, non-standard street trees that require enhanced, more expensive maintenance, such as annual tree injections, more intensive pest management, and a more frequent tree trimming schedule.
On June 20, 2023, City Council provided direction to not levy an assessment for Zone 7, to remove and replace any diseased Elm trees and take next steps to dissolve the Zone. In July 2023, staff completed the arborist report process for the Elm trees, which determined that all 10 of the old Elms should be removed immediately. Per direction from City Council, tree removal costs were funded by the General Fund and the tree planting costs of the enhanced sized trees were incurred by the Zone. Staff convened a community meeting in July with residents of the Zone to inform them of the removals and gather input on replanting the sites vacated by the Old Elms. The community identified three species - the Silver Linden, ‘October Glory’ Maple, and the Jefferson Elm - all previously planted and performing well in the Zone and included in the Master Street Tree Plan and/or forthcoming Urban Forest Plan. Further, these species of tree would not require any enhanced maintenance going forward. Staff completed the City’s standard adjacent property owner noticing/input mailers to ensure agreement on the tree species, and planting took place in December 2023.
Staff have since been working closely with Zone representatives to identify additional public improvements, as permitted by the Zone’s formation documents, to make use of the remaining fund balance before the Zone is dissolved. A community meeting was held on December 12, 2023, open to all property owners and residents within the Zone. Zone ambassadors conducted subsequent informal canvassing of neighbor opinion and to gather consensus on a final list of projects. In March 2024, staff prepared a draft spending plan and shared it with the property owners in the Zone, the majority of whom expressed their comfort with the plan. Projects include aphid injections for the Redmond Linden trees, repainting of the historic light poles, removal and replanting of underperforming trees, replacement of the fence at the lagoon end of the street with a decorative wrought iron fence, and watering bags for the newly installed trees.
To ensure all property owners are aware of the spending plan and given the opportunity to consent or object, a formal letter will be sent to each of the property owner addresses on the County roll, requesting a written response by a given date. Staff will reconvene with Zone 7 property owners to develop a spending plan if any fund balance remains after this round of projects are completed, following the same steps outlined above. Work will commence this fiscal year and be complete in FY 2024-25.
At its meeting on March 5, 2024, City Council took the initial required step in the Engineer’s Report (Report) process for FY 2024-25 by appointing an engineer-of-work to prepare Report. Although staff is not recommending any levy of assessment in fiscal year 2024-25, it is still necessary to produce a Report for the Zone. The Engineer’s Report for Zone 7 was prepared by the City’s consultants, NBS, and submitted by the City Engineer. A map of Zone 7 is attached as Exhibit 1 and the Report for Zone 7 is attached as Exhibit 2.
DISCUSSION
Staff now seeks City Council’s approval of the draft Report outlining a proposed budget, confirming no assessment for the coming year and setting a public hearing date of June 18, 2024. After the public hearing, City Council will consider approving no assessment for the following year. The resolution is required to be published at least once in a local paper with a minimum of 10 days between the first publication of the City's resolution and the public hearing.
The draft Report was prepared by NBS, a consultant specializing in assessment districts, in accordance with Section 22565 et seq. of the California Streets and Highways Code. The draft Report provides a spending plan for Zone 7 of the District. Public Works staff worked with the stakeholders of the Zone to prepare the proposed spending for the coming year.
Staff proposes that City Council adopt a resolution to approve the Report as presented and set the regular City Council meeting of June 18, 2024, as the date for the public hearing.
Following execution of the spending plan in FY 2024-25, staff will return to City Council to begin the dissolution proceedings. Dissolution will require two separate actions by City Council: one action to set the public hearing to consider dissolving the Zone; and a further actual approval of Zone dissolution.
ALTERNATIVES
• Approve moving forward with no levy of assessment for the coming year.
• Do not approve no levy of assessment and direct staff to amend the Report.
FINANCIAL IMPACT
Direct costs associated with the work presented in the Report are paid for by the Zone.
Each zone in the District is charged the proportional share of approximately $42,000 annually for fees and expenses related to the annual levy process and administration for the entire District, which is then paid from the Assessment District Administration Fund (Fund 276). The Zone 7 share of these fees is $2,105.47 in FY 2024-25. The Zone’s budget is subject to City Council appropriations within the operating budget for each department.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action is consistent with the Alameda Municipal Code.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” as defined in California Environmental Quality Act (CEQA) Guidelines Section 15378 and therefore no further CEQA analysis is required.
CLIMATE IMPACT
Work within the Zone has been focused on enhancements to the urban forest. Trees provide numerous benefits in an urban environment and create a sense of community. Along with providing shade, saving energy, and improving air quality and public health, trees mitigate climate change, reduce stormwater runoff, and create wildlife habitats.
RECOMMENDATION
Adopt a resolution approving the Engineer’s Report, declaring the City of Alameda's intention not to order the levy and collection of assessments for Zone 7 of the Island City Landscape and Lighting District 84-2, and provide notice of Public Hearing on June 18, 2024.
Respectfully submitted,
Erin Smith, Public Works Director
By,
Emily Antenen, Management Analyst
Financial Impact section reviewed,
Margaret O’Brien, Finance Director
Exhibits:
1. Zone 7 Map
2. Engineer’s Report