Title
Adoption of Resolution Appointing an Engineer-of-Work and an Attorney-of-Record for Maintenance Assessment District 01-1 (Marina Cove). (Public Works 276)
Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
In 2002, the City Council established the Marina Cove Maintenance Assessment District 01-1 (District). The purpose of this special assessment district is to provide maintenance for certain public areas in the Marina Cove development.
To levy 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 February, with the City's appointment of an Engineer-of-Work and an Attorney-of-Record 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 City Council for preliminary approval in April or May, and at that time a public hearing will be set for May or 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 Maintenance Assessment District 01-1. 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 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-of work and an attorney-of-record for the assessment district. It culminates in a public hearing in May or June in which the City Council approves assessments for the following year.
DISCUSSION
The City must appoint an Engineer-of-Work for the annual preparation of the assessment diagram and to determine the assessment amount, by parcel, for the maintenance District. It is also necessary to appoint an Attorney-of-Record to perform the legal services required in connection with these annual proceedings. Staff recommends that the City Engineer be appointed as the Engineer-of-Work and that the City Attorney be appointed as Attorney-of-Record for the District.
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 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
All direct costs for services, such as landscape maintenance, are presently charged to the District. The District is charged indirect costs of approximately $5,000 for fees and expenses related to the annual levy process (Fund 276), Marina Cove Maintenance Assessment District. In prior year, the District levy has not been sufficient to cover the budgeted expenditures. The funding shortage and the expenditures will be evaluated as part of this year’s Engineer’s Report.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action does not affect the Alameda Municipal Code.
ENVIRONMENTAL REVIEW
The proposed project is categorically exempt from further review under the California Environmental Quality Act pursuant to CEQA guidelines section 15301 (Maintenance, Repair, and Improvement of Existing Facilities).
CLIMATE IMPACTS
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 Maintenance Assessment District 01-1 (Marina Cove).
CITY MANAGER RECOMMENDATION
The City Manager concurs with staff recommendation.
Respectfully submitted,
Liam Garland, Public Works Director
By,
Amanda Eberhart, Management Analyst
Financial Impact section reviewed,
Elena Adair, Finance Director
Exhibit:
1. District Map
cc: Eric Levitt, City Manager