Title
Adoption of Resolution Appointing an Engineer-of-Work and an Attorney-of-Record for Maintenance Assessment District 01-1 (Marina Cove).
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 27741530)
Body
To: Honorable Mayor and Members of the City Council
From: Jennifer Ott, City Manager
EXECUTIVE SUMMARY
In 2002, the City Council established the Marina Cove Maintenance Assessment District 01-1 (District). The purpose of this Special Financing District is to provide maintenance for certain public areas in the Marina Cove development.
To levy the next fiscal year's assessments, the City of Alameda (City) is required to follow a prescribed legal process to prepare the annual Engineer’s Report. This annual process begins in March, with the City's appointment of an Engineer-of-Work and an Attorney-of-Record for the District. Next, a draft Engineer’s Report outlining the proposed budgets and assessments for the coming year is prepared and brought to 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, 2002, the City Council established the District. The purpose of this assessment district is to provide maintenance for the City park, sidewalks, and landscaping in the Marina Cove development (Exhibit 1).
To levy 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-of-work and an attorney-of-record for the District. It culminates in a public hearing in June in which the City Council approves assessments for the following year.
DISCUSSION
The City must appoint an Engineer-of-Work for preparation of the assessment diagram and to determine the assessment amount, by parcel, for 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.
ALTERNATIVES
• Appoint the City Engineer as the Engineer-of-Work and the City Attorney as the Attorney-of-Record to levy assessments for the coming year.
• Do not proceed with approving levying assessments 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
The Marina Cove Maintenance Assessment District Fund (277) 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 $8,500, 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 county fees based on last year’s levy of assessments. These estimates will be confirmed when the Engineer’s Report is prepared.
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
The work 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 maintenance assessment district 01-1 (Marina Cove).
Respectfully submitted,
Erin Smith, Public Works Director
By,
Emily Antenen, Management Analyst
Financial Impact section reviewed,
Margaret O’Brien, Finance Director
Exhibit:
1. District Map