HomeMy WebLinkAbout1990-01-09; City Council; 10444; CONSULTANT AGREEMENT FOR FOMATION OF A MELLO-ROOS COMMUNITY FACILITIES DISTRICT>
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AB# /G yLf '/ DEF CONSULTANT AGREEMENT FOR FORMATION OF A MELLO-ROOS COMMUNITY FACILITIES DISTRICT CIT
DEPT. CIT
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RECOMMENDED ACTION:
Adopt Resolution No. 90- 5 Agreement with NBS/Lowry and appropriating additional funds.
ITEM EXPLANATION:
On January 10, 1989, the City Council directed staff to investigate the of a Mello-Roos Community Facility District (CFD) as a means of implement the financial aspects of the City's growth management program. On Febri 14, 1989, the Council authorizes the hiring of NBS/Lowry to assist with process of reviewing the feasibility of the CFD and determining the amc of any special tax.
Since that date, staff has worked with a range of consultants to develc special tax formula and a data base of information which will be neces: to support the formation of the CFD.
At this time the staff is proceeding with the preparation of the Resolut of Intention which will be presented to the Council in January, 15 Preparing the Resolution of Intention and the documents associated with t action will require additional effort on the part of NBS/Lowry. This c1 includes the preparation of maps and other documents by NBS/Lowry. estimated cost of this effort is $80,000.
All costs related to the creation of the CFD can be recovered from district when formed. If the district is not formed, all costs be( expenses of the City's General Fund.
The action before the Council authorizes the appropriation of funds for additional work related to the district and the extension of the conti with NBS/Lowry to include these services.
FISCAL IMPACT:
Total appropriations for CFD related costs will be approximately $200 following this action. Costs related to the development of the CFD spec tax formula and preliminary boundaries total about $120,000, additic costs will be related to finalizing the tax formula and preparatior detail parcel by parcel maps of all areas covered by the CFD.
All funding has come from the City's General Fund. Funds are available this additional expense in the unappropriated balance in the General FI
Some expenses related to the mapping of the CFD will also benefit automated GeoBase system being developed by the City.
approving the extension of the Consult
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Page Two of Agenda Bill No. foi’?’/L[
EXH I BITS :
1. Resolution No. 7G-S approving the extension of the contract h NBS/Lowry and appropriating funds.
Copy of the Consultant Agreement between NBS/Lowry and the Citg Carlsbad for Assessment Engineering Services dated March 12, 15
Agreement between San Diego Trust & Savings Bank and the Citg Carl sbad for banking services.
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RESOLUTION NO, 90-5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE APPROPRIATION
OF FUNDS TO SUPPORT SERVICES PROVIDED BY NBS/LOWRY UNDER THE llTH SUPPLEMENT TO AN AGREEMENT BETWEEN
THE CITY OF CARLSBAD AND NBS/LOWRY
WHEREAS, the City Council has directed staff to study
feasibility of forming a Mello-Roos Community Facilities Districi
augment the implementation of the City's growth management plan; and
WHEREAS, the Council has previously directed the staff to work
the NBS/Lowry to prepare the preliminary tax formula and dist
description for the City's CFD; and
WHEREAS, Council has previously approved the 11th supplement to
basic agreement with NBS/Lowry to include the work related to the Ci
CFD; and
WHEREAS, additional funding in the amount of $80,000 will
necessary to support work including the preparation of detailed maps
documents related to the formation of the CFD.
NOW, THEREFORE BE IT RESOLVED by the City Council of the Cit.
Carlsbad, California as follows:
1. That funds in the amount of $80,000 are appropriated from
general fund unappropriated fund balance to account no. 001-840-1310-24
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2. That the staff is hereby authorized to continue to work
NBS/Lowry under the terms of the 11th supplement to the basic agree
on issues related to the creation of the City's Mello-Roos Commu
Facilities District.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Council of the City of Carlsbad, California, held on the 9th
of January , 1990, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and La]
NOES: None
ABSENT: None
ATTEST :
LLLxL ALETHA L. RAiiiNKiiN-
(SEAL)
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1lTH SUPPLEMENTAL AGREEMENT
TO AGREEMENT FOR
ASSESSMENT ENGINEERING SERVICES
DATED MARCH 12, 1985
(MASTER AGREEMENT)
THIS llTH SUPPLEMENTAL AGREEMENT to the above-de
agreement as approved by the City Council of the (
Carlsbad on March 12, 1985, hereinafter referred
"Master Agreement", is made and entered into as of the
day of I 1989, by. and between C
CARLSBAD, a municipal corporation, hereinafter referre
"City" and NBS/LOWRY INCORPORATED, hereinafter referre
"Consultant".
RECITALS
City requires the services of an assessment engj
consultant to assist in processing of Community Fac
Districts (CFDs) within the City pursuant to the prc
of the Mello-Roos Community Facilities Act of 1982.
Consultant has prepared a Feasibility Study
November 10, 1988 to determine the preliminary feasibj
forming a CFD. The CFD would encompass the vacan
within the City and/or school district boundaries. 'I
desires to authorize a levy of special taxes within t
to assist in the payment for certain facilities ident:
the Feasibility Study. The total cost of the
facilities to be financed is approximately $218 millj
the cost of other circulation facilities.
Now, therefore, City and Consultant mutually a:
supplement the above-referenced agreement as follows:
1. CONSULTANT'S OBLIGATION
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The following tasks are typically performed by
sultant and encompass all duties and responsibiliti
a special tax consultant in developing a special t
outlined in the Mello-Roos Community Facilities A
1982.
A. Attend financing strategy meetings and I
information meetings with City and school E
bond counsel, financial consultant, bond t
writer, property owners and developers.
B. Collect and analyze detailed information 03
vacant lands to be included in the CFDs consj
of but not limited to the following:
1) Identification of property including
acreage to be developed, proposed land
and benefits from the CFDs.
2) Refine and finalize the development sche
by land use.
3) Develop a data base including asses
parcel number, owner's name and address,
of parcel, land use and benefit identific
by codes.
4) Collect and evaluate engineering, plar
legal, financial and economic data
relate the proposed financing program.
5) Determine the -benefit to each parcel b
improvements to be provided within
benefit zone.
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6) Refine all cost estimates and inf
factors. Prepare a bond sale schedule
on projected need.
C. Develop alternative methods for establisl-
special tax giving consideration to the follo
1) The improvements to be financed.
2) The debt per acre for each improvement k
use.
3) The total debt per acre by land use.
4) Ratios of total debt per acre by land us
5) Maximum vacant land tax.
6) Equating total debt per acre per land '
annual special tax schedule.
D. Prepare cash flow analysis of alternative s
tax schedules including the following:
1) Refine and finalize all fund ba
available as of July 1, 1989 as
contributions to the CFDs,
2) Finalize credits to be given on existinc
to lands within the CFDs.
3) Determine the cash flow from fee payment:
areas outside of CFDs.
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E. Review financial Feasibility and Safeguards
City giving consideration to the following:
1) Limiting the total tax to a maximum perc
Land and improvement value.
2) Providing a minimum value to total debt
3) Providing disclosures to future buyers.
4) Providing a simple, layman's interpretai
the special tax.
5) Protection to issuing agency that suf:
revenue will be developed annually
principal and interest.
6) An escalator clause for long term projec
7) Flexibility for land use changes,
F. Develop annual billing procedures to incluc
following:
1) Establish a schedule with cut-off datl
the annual billing procedure.
2) Determine a procedures for ident
building permits issued during the proc
year by assessors parcel number.
3) Determine procedures for compiling bu
areas of commercial and industrial use.
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4) Review procedures, correlate procedure:
tax formula, and look for loop holes.
G. Prepare a map of "Proposed Boundaries o
Community Facilities District".
H. Prepare a public facilities report pursua
Section 5321.5 of the Government Code (the
Roos Community Facilities Act of 19821, inc
description of work, adequacy of facilitie
cost estimate.
I. Provide for mailing of notices, if require1
recording of boundary map.
J. Attend the public hearing, held under saic
fully prepared to present all necessary tes
and respond to all public comments. Pri
conclusion of hearing, tabulate all protesi
file a written summary thereof with the City
2. ADDITIONAL SERVICES SUMMARY
When authorized in writing by the City Eng
Consultant shall perform or obtain from consultai
subcontractors approved by City, additional servi
connection with the Project not otherwise providi
in this Agreement. Said additional services sht
paid for by City as provided in Section 5 of the
Agreement.
3, PERIOD OF SERVICE
Work shall begin immediately after receipt of n
cation to proceed by the City Engineer. Work
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proceed in a diligent manner to conclusion accor
a schedule approved by the City Engineer. Extens
time may be granted by the City Engineer in acc
with Section 3 of the Master Agreement,
The date of the public hearing before the City
has not been set,
4. FEES TO BE PAID TO CONSULTANT
City shall pay Consultant for services describe,
Section 1, of this Supplemental Agreement, on a t
material basis per current "Schedule of Hourly
Rates". A copy of the present "Schedule of
Billing Rates" marked Exhib'it "A" is attached her
IN WITNESS WHEREOF, This Supplement to Agreement date
12, 1985, has been executed by the parties though the
authorized representatives as of the date first here
written.
CITY OF CARLSBAD
By:
Title: gee=- h c--/ /p c=5r/ 7
APPROVED AS TO FORM: ATTESTED :
By :
Assistant City Attorney City Clerk
EXH 0 .-
/AW?ZZEZS/LGWi@XS
ENGINEERS G PLANNERS
SCHEDULE OF HOURLY BILLING RATES
Effectlve July 1, 1988
OFFICE: ENGINEERING Senior Principal Consultant ..................................................................................... Principal Consultant .............................................................................................. Senior Principal Engineer ........................................................................................ Principal Engineer ................. ......................
Assistant Principal Senior Engineer .. Engineer ............... Associate Engineer ............
Assistant Engineer .............
Principal Planner .................... ...................... Assistant Principal Senior Planner ... Planner ...................... Associate Planner ...................... Assistant Planner ..................................................................................................
Senior Designer .................................................................................................... Designer ......................... ........................................... Senior Drafter .. ...................... ................................................................ Drafter II ........................ ,,, ........ 41111.11 *. ................................................................
Delineator ............ Engineering Aide ..................................................................................................
Principal Engineer ..................................... ..... ........................................... Senior Resident Engineer .................................................................. Senior Project Representative ........................................... ......................
Project Representative ............................................................................................ Associate Project Representative ............................................................................... Senior Inspector ........................................................... .................... 2.80~1 Inspector ........................... .................................................. 2.80~1
Principal Surveyor ................... ................................................................. Assistant Principal Surveyor ...... ................................................................. Supervising Surveyor ........................................................................ ........
Survey Crew with Equipment ........................................... .80 x I Travel Time - (when in excess of eight hours work time per day) .................... 1.40 X 1
PLANNING
.............
DESIGN AND DRAFTING
Drafter 1 ............................................. ...................... ......................... .....................................................................................
FIELD: CONSTRUCTION MANAGEMENT
Resident Engineer . .................................................................
SURVEYING .
SERVICES AND EXPENSES: Computer, Central Processing Unit (CPU) ................................................ Connect Time, per Hour ........................................................ Printing ................... Storage (1000 characte ................................................................... Minimum ............................................................................................
.......................................................
................ Computer Analyst ............ i.. ................. Programmer .................. Technician ..................... Researcher/Processor ...... Executive and Administrativ Data Entry .................... Secretary /Clerk .............. In-house Reproduction ..... .......................
Mileage ........................ Subsistence .................... Other Expenses - including Special Consultants and Purchased Services through Subcontracts ................................... ... (
...............
.......................
Bfllhg rates include overhead. equipment. space rental. erc There billing roles ore subkn to increase each yeor due to union ogrcements and sal<
A late payment FINANCE CHARGE will be appllcd to any unpafd balance. commendng rhiriy (30) days after the date of the onginol inuoice at the rate allowcd by law
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