Title
Adoption of Resolution Appointing an Engineer-of-Work and an Attorney-of-Record for Island City Landscaping and Lighting District 84-2 (Various Locations Throughout the City).
In accordance with the California Environmental Quality Act (CEQA), this action is categorically exempt from further environmental review pursuant to CEQA Guidelines Section 15301 (Existing Facilities). (Public Works 27641530)
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 Financing District is to provide enhanced maintenance in the public areas of the District’s six zones throughout the City of Alameda (City).
To levy the next fiscal year's assessments, the City is required to follow a prescribed legal process to prepare the annual Engineer’s Report. This annual process begins with the City's appointment of an engineer and an attorney for the assessment district. Next, a draft Engineer’s Report outlining the proposed budgets and assessments for the coming year is prepared and brought to the City Council for preliminary approval in May, and at that time, a public hearing will be set for June. After the public hearing, the City Council will consider approving the assessments for the following year.
BACKGROUND
On June 7, 1984, the City Council established the District. The purpose of this assessment district is to provide enhanced maintenance in certain business or neighborhood zones throughout the City. This work, which varies among the zones in the District, includes regular litter collection, landscape maintenance of the medians and planters, and sidewalk cleaning.
To levy the next fiscal year's assessments, the City is required to follow a prescribed legal process. This annual process begins with the City's appointment of an engineer and an attorney for the District. It culminates in a public hearing in June in which the City Council approves assessments for the following year.
DISCUSSION
There are currently six zones in the District (see attached zone maps, Exhibit 1).
• Zone 1: Lincoln Avenue, between Sherman Street and St. Charles Street.
• Zones 2 & 3: [See Zone 8, below]
• Zone 4: Park Street, between Blanding Avenue and San Jose Avenue, Blanding Avenue from Oak Street to Park Street, Lincoln Avenue from Oak Street to Everett Street, Webb Avenue from Park Street to Everett Street, Santa Clara Avenue, from Oak Street to Broadway, Central Avenue, from Oak Street to Broadway, Alameda Avenue from Park Street to Oak Street, Encinal Avenue from Oak Street to Park Avenue, Park Avenue from Santa Clara Avenue to Central Avenue, and Everett Street from Santa Clara Avenue to Central Avenue.
• Zone 5: Harbor Bay Parkway, between Doolittle Drive and the west end of the roadway, including North Loop Road and South Loop Road.
• Zone 6: Alameda Marina Village.
• Zone 7: Bay Street, between San Antonio Avenue and the lagoon.
• Zone 8: Webster Street, between Central Avenue and Ralph Appezzato Memorial Parkway (in 2014, per Resolution 14922, Zones 2 and 3 were combined into Zone 8).
The City must appoint an Engineer-of-Work for preparation of the assessment diagram and to determine the assessment amount, by parcel, within the zones of the District. It is also necessary to appoint an Attorney-of-Record for the District to perform the legal services required in connection with these proceedings. Staff recommends that the City Engineer be appointed as the Engineer-of-Work and that the City Attorney be appointed as the Attorney-of-Record for the District.
Consistent with City Council’s direction on June 20, 2023 to dissolve Zone 7 (Bay Street), staff is working with the Zone residents on a spending plan for the remaining fund balance, Staff will not proceed with levying of assessment for Zone 7 in fiscal year 2024-25. However, an Engineer’s Report must still be prepared for Zone 7 as the dissolution will likely not be complete before the start of next fiscal year.
ALTERNATIVES
• Appoint City Engineer as the Engineer-of-Work and the City Attorney as Attorney-of-Record to levy assessments for the coming year.
• Do not proceed with approving levying assessments for any of the Zones for the coming year. The impact of this option would mean that the City will not be able to collect the assessments for the District and services would be reduced and/or another funding source required.
FINANCIAL IMPACT
Direct costs associated with this work, such as landscape maintenance, are paid by the District, and apportioned to each zone, based on the individual zone's percentage of the total work.
The District Island City Maintenance Fund (276) is charged indirect costs for expenses related to the annual levy process. For this coming year, it is estimated that these fees will be approximately $41,000 which is the District’s share of the consultant costs to prepare the Engineer’s Report and administer the levy, as well as the estimated Alameda County fees based on last year’s levy of assessments. These estimates will be confirmed when the Engineer’s Report is prepared. There is no direct impact on the General Fund from this action. Any General Benefit for the District and resulting General Fund impact will be identified in the draft Engineer’s Report.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action is consistent with the Alameda Municipal Code. This relates to the Strategic Priority to Invest in Transportation, Infrastructure, Economic Opportunities, & Historic Resources.
ENVIRONMENTAL REVIEW
In accordance with the CEQA, this action is categorically exempt from further environmental review pursuant to CEQA Guidelines Section 15301 (Existing Facilities).
CLIMATE IMPACT
Maintenance activities supported by these assessments can counter potential, near-term, negative impacts of climate change. The removal of litter and debris from public areas and thus the municipal storm drainage system will assist with providing better storm drainage and decreasing the risk of local flooding, results that improve local resiliency to potential climate change.
RECOMMENDATION
Adopt a resolution appointing an engineer-of-work and an attorney-of-record for the District.
Respectfully submitted,
Erin Smith, Public Works Director
By,
Emily Antenen, Management Analyst
Financial Impact section reviewed,
Margaret O’Brien, Finance Director
Exhibit:
1. Zone Maps