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
From: David L. Rudat, Interim City Manager
EXECUTIVE SUMMARY
In 2002, the City Council established the Marina Cove Maintenance Assessment District 01-1. 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 (the 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 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 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 assessment district. It is also necessary to appoint an Attorney-of-Record to perform the legal services required in the conduct of 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.
FINANCIAL IMPACT
All direct costs for services, such as landscape maintenance, are presently charged to the Maintenance Assessment District. The Maintenance Assessment 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. There is no impact on the General Fund.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action is consistent with the Alameda Municipal Code.
ENVIRONMENTAL REVIEW
The proposed project is categorically exempt from further review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301 (Maintenance, Repair, and Improvement of Existing Facilities).
RECOMMENDATION
Adopt a resolution appointing an Engineer-of-Work and an Attorney-of-Record for Maintenance Assessment District 01-1 (Marina Cove).
Respectfully submitted,
Liam Garland, Public Works Director
By,
Liz Acord, Public Works Coordinator
Financial Impact section reviewed,
Elena Adair, Finance Director
Exhibit:
1. District Map