City Council

(21) 22-1045 COMMUNICATIONS FROM THE L.A. FOR KIDS STEERING COMMITTEE, CITY ATTORNEY,  ORDINANCE OF INTENTION FIRST CONSIDERATION, and RESOLUTIONS relative to the 2023-24 Proposition K Assessment. Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR: APPROVE the April 27, 2023 L.A. for Kids Steering Committee report. ADOPT the City Engineer's Report for the 2023-24 Proposition K Assessment (Attachment 10 of the April 27, 2023 L.A. for Kids Steering Committee report, attached to the Council file). PRESENT and ADOPT the accompanying RESOLUTION OF INTENTION to levy an assessment authorized by Proposition K, pursuant to the Landscaping and Lighting Act of 1972 (Attachment 11 of the April 27, 2023 L.A. for Kids Steering Committee report, attached to the Council file). PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION, dated April 24, 2023, to levy an assessment authorized by Proposition K, pursuant to the Landscaping and Lighting Act of 1972 (Attachment 12 of the April 27, 2023 L.A. for Kids Steering Committee report, attached to the Council file). APPROVE the 2022-23 maintenance awards totaling $5 million (Attachment 9 of the April 27, 2023 L.A. for Kids Steering Committee report, attached to the Council file). APPROVE the reprogramming of 2022-23 funding allocations (Attachments 1 and 13 of the April 27, 2023 L.A. for Kids Steering Committee report, attached to the Council file). APPROVE the 2022-23 Proposition K inflation awards totaling $1.07 million (Attachment 14 of the April 27, 2023 L.A. for Kids Steering Committee report, attached to the Council file). APPROVE the 2022-23 Proposition K additional specified GAP funding awards totaling $12.1 million (Attachment 15 of the April 27, 2023 L.A. for Kids Steering Committee report, attached to the Council file). AUTHORIZE the City Engineer to execute or amend grant agreements with Proposition K grantees that are recommended for 2022-23 project allocations (Attachment 1 of the April 27, 2023 L.A. for Kids Steering Committee report, attached to the Council file), and as needed to effectuate the 2022-23 maintenance awards (Attachment 9 of the April 27, 2023 L.A. for Kids Steering Committee report, attached to the Council file), and reprogramming actions (Attachment 13 of the April 27, 2023 L.A. for Kids Steering Committee report, attached to the Council file), subject to approval of the City Attorney. AUTHORIZE the Controller to adjust accounts pursuant to instructions to be provided by the City Administrative Officer (CAO), for current year maintenance awards (Attachment 9 of the April 27, 2023 L.A. for Kids Steering Committee report, attached to the Council file), reprogramming actions (Attachment 13 of the April 27, 2023 L.A. for Kids Steering Committee report, attached to the Council file), inflation awards (Attachment 14 of the April 27, 2023 L.A. for Kids Steering Committee report, attached to the Council file), and additional Specified (GAP) funding (Attachment 15 to the April 27, 2023 L.A. for Kids Steering Committee report, attached to the Council file), within the following Proposition K Funds: Projects Fund No. 43K; Maintenance Fund No. 43L; and, Administration Fund No. 43M. INSTRUCT the City Clerk to publish notice by MAY 31, 2023, of a public hearing to take place on JUNE 13, 2023 at 10 a.m., during the regular Council meeting. REQUEST the City Attorney to prepare and present an Ordinance Confirming the Assessment for Fiscal Year (FY) 2023-24 to be considered during the public hearing on JUNE 13, 2023. INSTRUCT the City Clerk to set an agenda item for public hearing on the Council agenda for JUNE 13, 2023, to include the following actions: Acknowledge that the City Council's action is exempt from the California Environmental Quality Act (CEQA) under Article II, Section 2.i of the City's CEQA guidelines, because the underlying project has already been evaluated and processed in accordance with the City CEQA Guidelines, with respect to the projects in List 3 of Attachment 8 of the April 27, 2023 L.A. for Kids Steering Committee report, attached to the Council file. Acknowledge that a Mitigated Negative Declaration has been prepared for the project and will be reviewed and considered by the City Council as part of the final approval of the project, with respect to the projects in List 4 of Attachment 8 of the April 27, 2023 L.A. for Kids Steering Committee report, attached to the Council file. Acknowledge that these are projects that may be considered for funding after CEQA compliance; no further action is required at this time, with respect to the projects in List 5 of Attachment 8 of the April 27, 2023 L.A. for Kids Steering Committee report, attached to the Council file. Present and adopt the Ordinance Confirming the Assessment, as prepared and transmitted by the City Attorney, confirming the assessments and approving the diagram for the District for FY 2023-24. Instruct the City Engineer to record a Notice of Assessment with the County Recorder. Approve the 2023-24 Four Year Plan for the L.A. for Kids Program and related schedules, as set forth in Attachments 1, 2, 3, 4, and 7 of the April 27, 2023 L.A. for Kids Steering Committee report, attached to the Council file. Approve the 2023-24 allocation of administrative funds up to the following amounts within Proposition K Fund No. 43M, as set forth in Attachment 7 of the April 27, 2023 L.A. for Kids Steering Committee report, attached to the Council file: Department Amount Public Works (PW)/Bureau of Engineering $214,290 PW/Board/Office of Accounting 136,457 Office of the CAO 78,000 Office  of  the  Chief Legislative Analyst (CLA) 33,356 Total: $462,103 Instruct the Information Technology Agency (ITA) to prepare the assessment file containing the assessment levy information confirmed by the City Council for 2023-24 for each parcel in the Assessment District and make it available to the Bureau of Engineering to verify and transmit to the County. Authorize the City Engineer to negotiate and execute Proposition K grant agreements with grantees that are recommended for 2023-24 project allocations (Attachment 1 of the April 27, 2023 L.A. for Kids Steering Committee report, attached to the Council file), except for competitive projects awarded to City departments, subject to approval of the City Attorney. Authorize the Controller to: Set up accounts for the 2023-24 Proposition K assessment within the following Funds, pursuant to instructions to be provided by the CAO: Proposition K Projects Fund No. 43K; Proposition K Maintenance Fund No. 43L; and, Proposition K Administration Fund No. 43M. Increase the 2023-24 appropriations for the ITA by $50,000 from Proposition K Fund No. 43K/10, Account No. (TBD) - ITA to Fund No. 100/32, Account No. 9350 - Communication Service Request. Transfer cash from Proposition K Fund No. 43K/10 on an as-needed basis upon proper documentation from the ITA and approval by the Bureau of Engineering (BOE) Program Managers and CAO. Transfer assessment revenues to the appropriate Program Funds in the approximate percentage distribution, and up to the amounts reflected below:  Proposition K Fund Percentage Distribution Year 27 Total 43K/10 – Capital Projects 77.11% $19,276,725 43L/10 – Maintenance 20% 5,000,000 43M/10 – Administration 1.85% 462,103 Total: 100% $25,000,000 Instruct the City Engineer, CAO, CLA, and Board of Public Works, Office of Accounting to submit journal voucher requests supported by the documentation of work order charges for program administrative and project construction management staffing costs to the CAO. Instruct the Department of General Services (GSD) and the Department of Recreation and Parks (RAP) to submit expenditure reports to the BOE and the CAO on a monthly basis. Authorize  the  City  Engineer  to  make  technical  corrections  to  the  City Engineer's Report to reflect the intent of the Council action. Authorize the CAO to make funding adjustments and prepare technical adjustments as needed to fully commit annual assessment funds and carry out the intent of the Council action; and, Authorize the Controller to implement those technical adjustments. Authorize the Controller, pursuant to instructions provided by the CAO, to revert residual funds within Proposition K Funds to the originating Proposition K project accounts for projects completed by the GSD and the RAP as part of ongoing program reconciliation activities.