Celso Ortiz (Nov 1, 2023 18:40 PDT)
APPROVED AS TO FORM AND LEGALITY
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. C.M.S.
INTRODUCED BY COUNCILMEMBER [IF APPLICABLE]
RESOLUTION AUTHORIZING TH E CITY ADMINISTRATOR TO
ENTER INTO AN AGREEMENT WITH THE ALAMEDA COUNTY
FLOOD CONTROL DISTRICT TO COMPLETE THE DESIGN OF THE
PEDESTRIAN AND BIKE CROSSING AT HEGENBERGER ROAD IN
THE CITY OF OAKLAND’S RIGHT-O F-WAY AT A CO ST NOT-TO-
EXCEED SEVENTY FIVE THOUS AND DOLLARS ($75,000.00) AND
ADOPTING CALIFORNIA ENVIRONMENTAL QUALITY ACT
FINDINGS
WHEREAS, the City Council can authorize the C ity Administrator to enter into Agreements with governmental entities pursuant to Charter section 504(l); and
WHEREAS, the Alameda County Flood Control District (ACFCD) previously designed what is known as the final traffic signals and civil plans for ACFCD’s San Leandro Creek Trail Project, and specifically the cr ossings at Hegenberger Road, 98 th Avenue, and Empire Road and submitted the plans for comment to the City on September 22, 2022; and
WHEREAS, the City provided review comments on the ACFCD’s San Leandro Creek Trail Project, including the crossi ng at Hegenberger Road on November 2, 2022, which were discussed by the Parties on November 9, 2022; and
WHEREAS, ACFCD offered responses to the City ’s review comments by letter dated November 10, 2022, explaining that the City’s re view comments would necessitate the Project, including a reassessment of underground utility lo cation, reapplication for a San Francisco Bay Area Rapid Transit District (BART) permit, design and construction costs, and delay of ACFCD’s San Leandro Creek Trail Project; and
WHEREAS, the City understands the issues identified by ACFCD and wishes to proceed with the Project; and
WHEREAS, City provided ACFCD with recommendations and direction for the Project; and
2 WHEREAS, the Parties have identified efficienci es to be gained from using ACFCD’s consultant for the San Leandro Creek Trail Project to complete the Project; and
WHEREAS, the Parties agree that seve nty-five thousand dollars is a fair estimate of the Project cost; and
WHEREAS, City will reimburse ACFCD for the co sts of the Project, which is being implemented to resolve the City’s comments, including any and all costs associated with BART’s review and approval of the redesign, utility potholing costs, and utility relocation costs incurred to implement the Project; and
WHEREAS, the Project and ACFCD’s San Leandro Creek Trail Project may be put on hold if additional funding is not available to complete the project; and
WHEREAS, City understands that its failure to reimburse Costs will cause ACFCD to be at risk of losing the San Leandro Creek Trail Project grant funding; and
WHEREAS, City will own and maintain both traffic signal systems at Hegenberger Road and 98th Avenue upon construction comp letion and acceptance by the C ity and shall be solely responsible for such systems; now, therefore, be it
RESOLVED: That the City Administrator is hereby authorized to enter into an Agreement with the Alameda County Flood C ontrol District for the City of Oakland to provide up to $75,000.00 in eligible expenses for completing the design of the pedestrian and bike crossing at Hegenberger Road in the City of Oakland’s right-of-way; and be it
FURTHER RESOLVED: That the Council hereby finds and determines that Categorically Exempt as described in the State Guidelines (Sec. 15301) Class 1: Existing Facilities, consisting of the operation, repair, maintenance, or minor alteration of existing structures or facilities involving negligible or no expansion of use; and be it
FURTHER RESOLVED: That the City Administrator or designee shall file a Notice of Determination/Exemption with the Clerk of the County of Alameda for this Project; and be it
FURTHER RESOLVED: That the City Administrator is hereby authorized to take any and all actions necessary for the completion of th e Project, without furthe r return to the City Council.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, JENKINS, KALB, KAPLAN, RAMACHANDRAN, REID, AND
PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
3 ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
4 2646873v9 / Attorney Initials - updated 1/9/2022