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HomeMy WebLinkAbout1993-02-02; City Council; 12055; Approve Consultant Contract6aa 0 gL .;s 9 2 5 F 0 a d 0 2 3 8 w OF CARLSBAD - AG- BILIL'?'~ TZL-~ AB #- TITLE: REVISE FEE FOR SEGREGATION OF DEP' 2/02/93 ASSESSMENTS AND APPROVE CITY CONSULTANT CONTRACT MTG. DEPT. ENG CITY RECOMMENDED ACTION: 1. revising the fee for processing la 2. Adopt Resolution No. 93-24 approving the 14th supplemental agr ITEM EXPLANATION: The City of Carlsbad currently has three (3) assessment districts using l! bonds : Adopt Resolution No. 93-83 assessment division application for 1915 Act assessment districts. between the City of Carlsbad and the firm of NBS/Lowry. COLLEGE BOULEVARD: ASSESSMENT DISTRICT NO. 85-2 PALMAR AIRPORT ROAD: ASSESSMENT DISTRICT NO. 86-1 ALGA ROAD: ASSESSMENT DISTRICT NO. 88-1 Each of these districts consists of largely undeveloped land; as th subdivides, the assessments must be segregated (or divided) proportionally new parcel. This is done according to benefit based on the original formu for the initial assessment district. The work is done by NBS/Lowry, the con who did the original assessment engineering work. In 1987, Council established a fee for this work. Experience has shown t fee--which has not changed since 1987--is inadequate to cover the con charges and staff time involved. Therefore, a revised fee and consultant c have been prepared and are recommended for approval. While inflation over six years has put the current fee out of line, the problem is that costs are not covered where there are a small number of lot segregated. For each segregation, there are fixed costs and a certain am work that is not dependent on the number of lots. This work includes set the data base and program, drafting the new map and processing the docume computer tapes through the County. As more lots are added, the increase gets smaller for each lot added. The old fee was too low for 2 to 100 lo provided no reductions beyond 50 lots. The new fee will actually be chea very large subdivisions over 300 lots. Below are several examples compar old and new fee: e w Page 2 of Agenda Bill No. 12,055 NBS/Lowry has been providing segregation services since 1987. As they are tl that performed all the original assessment engineering work, they are best i provide the segregation services. State law requires that the segregati based on the same benefit analysis as the original assessment di2 NBS/Lowry--under a separate contract--also provides billing information County for the annual assessments. Their fee for that service is very low t they already have the data available from the segregation work. FISCAL IMPACT: The fee is charged to the property owner wishing to subdivide property ar cover all costs of the segregation including recording and staff time. The will more accurately reflect the cost of providing this service. The fee i on a sliding scale, decreasing on a per-lot basis as the number of lots inci The fee schedule is shown in the resolution. The consultant charg Fund. No segregation work is started without first obtaining the requirec Segregation assessments will ensure that each property owner of a newly c parcel pays the appropriate assessment amount. The estimated total rever segregation of assessments in the current fiscal year is $60,000. EXHIBITS : 1. Procedure for Segregating Assessments. 2. Flowchart of tasks performed by consultant. 3. Resolution No. 93-33 revising the fee for processing land and ass€ division application for 1915 Act assessment districts. 4. Resolution No.93-a4 approving the 14th supplemental agreement betw( City of Carlsbad and the firm of NBS/Lowry. approximately 85% of the fee amount with the balance going into the City I: fied or registered mail, of the apportionment and th assessment amounts, and states that unless a request fc Page 1 of - m hearing is received within fourteen (14) days, t apportioned assessments will be recorded. A sample fo of the Notice is included as an Exhibit, 8. In the event a request for hearing is received, t report is filed and a hearing is set as provided for the statement procedure for subdivision (Part 10 of t RImpovement Bond Act of 1915w). 9. The amended assessment is also filed with the Auditor the form of an amended assessment roll, who thereaft! apportions the amended amounts on each lot or parcel t land. 10. The Street Superintendent shall transmit a copy of t amended assessment roll to the County Auditor. 11. The amended assessment roll is accompanied by an amend map so designated "Amended Assessment Diagram". (SI Section 8734), Said Amended Assessment Diagram is a1 filed by the Street Superintendent in the Office of t. County Recorder. A fee is applicable for this filin said fee being paid from the general fund and recover( by the segregation fee. /Nfl7~/LceZlmiJ Page 2 of CHECK APPLICATION correct information. parcel b numbers, assessment baiance, copies of recorded maps. r AMEND DIAGRAM . ' i CAN BE COMBINED WITH OTHER SEGREGATED ASSESSMENTS b DETERMINE ASSESSMENT UNITS prepare assessment unit calc sheets. update data base, prepare asmt unit edit DETERMINE $/ASSESSMENT UNIT L total unpaid assessments t X originai $/a total assessment PREPARE - ). ASSESSMENT SPREAD prepare spread edits - REQUESTEDEY MAIL NOTICE TO i BONDPURCHASER I BOND PURCHASER RECORD a FILE DOCUMENTS WITH OFFICIALS d L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 m w RESOLUTION NO. 93-23 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REVISING THE FEE FOR PROCESSING LAND AND ASSESSMENT DIVISION APPLICATION PURSUANT TO THE PROVISIONS OF THE "IMPROVEMENT BOND ACT OR 1915", BEING DIVISION 10 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA WHEREAS, the City Council of the City of Carlsbad has completed pr for the construction of the certain public improvements in what is designated as: ASSESSMENT DISTRICT NO. 85-2 (COLLEGE BOULEVARD) ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD) ASSESSMENT DISTRICT NO. 88-1 (ALGA ROAD) and will complete proceedings on other similar districts in tl (hereinafter referred as "Assessment Districts"), pursuant to the pro\ the "Municipal Improvement Act of 1913", being Division 12 of the St Highways Code of the State of California, with bonds to issue under the provisions of the "Improvement Bond Act of 1915", being Division 10 of and, WHEREAS, assessments have been levied and bonds issued on certa of property and it is determined that certain of the original parcel divided, and requests and applications will be made for the di assessments on the divided lots or parcels, all according to provisio "Improvement Bond Act of 1915"; and, i WHEREAS, this legislative body is desirous of establishing a reas for processing applications for division of land and assessment in o reimbursed for the necessary cost so incurred as set forth in said "I Bond Act of 1915". NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS; SECTION 1. That the above recitals are all true and correct. Ir 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 '. SECTION 2. That the following fee schedule is hereby determir reasonable and is an amount which will cover reimbursement for the costs in processing applications for divisions of land and assessment to the "Improvement Bond Act of 1915", being Division 10 of the St Highways Code of the State of California: A. All applications for division of land and assessment accompanied by a fee to be determined as follows: 316 to 500 $15,755 plus $12.00 per parcel ( 501 to 700 $17,975 plus $6.00 per parcel 0' 701 and More $19,175 plus $3.50 per parcel 01 B. If no application is filed, at the time the Superin' Streets files the amended assessment pursuant to ord legislative body, the fee is determined from schedule, with each new parcel paying its proportioi in accordance with each new parcel's share of the remaining on the original assessment. Prior to r division, the Superintendent of Streets shall n property owner as to the costs for the apportionmen event the costs are not paid within fifteen (15 notification, Superintendent of Streets shall, in the amended assessment, show separately thereon the said fee charged to each individual parcel. The charged shall then be entered, if not paid, upon roll and collected along with the first installm amended assessment. /// /// \- 1 2 3 4 5 6 7 8 9 10 11 12 13 m - SECTION 3. That all fees so collected, either by application installment on the assessment, are to be deposited in the General Fur Treasury of this Agency. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carl Council held on the 2nd day of FEBRUARY , 1993 by the follow to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, FinniL NOES: None ABSENT: None ’. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 - RESOLUTION NO. 93-24 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE 14TH SUPPLEMENTAL AGREEMENT TO AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE FIRM OF NBS/LOWRY FOR CONSULTING ASSESSMENT ENGINEERING SERVICES WHEREAS, the City Council of the City of Carlsbad, Califor determined that it is necessary and in the public interest to provide Se of Assessments services for various assessment districts; and WHEREAS, the costs of said services shall be covered by user fe WHEREAS, sufficient revenue will be generated to cover the SE consultants’ cost plus City overhead. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of California, as follows: 1. The 14th supplemental agreement to an agreement between tl Carlsbad and the firm of NBS/Lowry for consulting assessment engineerinc is hereby approved. 2. The Mayor of the City of Carlsbad is hereby authorized an( to execute such agreement for and on behalf of the City of Carlsbad. Property owners shall pay the appropriate fee in advance fo 3. authorized under said agreement. /// /// /// /// /// /// /// /// /// i- 1 2 3 4 5 6 7 8 9 LO 11 12 13 m - 4. The Finance Director is authorized to appropriate funds rece property owners for work in connection with said agreement in excess of amounts for assessment segregations. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carl! Council held on the 2nd day of FEBRUARY , 1993 by the follow to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnil; NOES: None ABSENT: None 7 1 & t/i &it@,f LAUDE . WIS, Mayor 16 17 18 19 20 21 22 23 24 25 26 27 28 stant City Clerk I - - 14TH SUPPLEMENTAL AGREEMENT TO AGREEMENT FOR ASSESSMENT ENGINEERING SERVICES DATED MARCH 13, 1985 (MASTER AGREEMENT) THIS 14TH SUPPLEMENTAL AGREEMENT to the above-described agreeme as approved by the City Council of the City of Carlsbad on Mal 13, 1985, hereinafter referred to as 'IMaster Agreement", is mz and entered into as of the e day of 199.3, by and between CITY OF CARLSBAD, a munic&l corporatic hereinafter referred to as IICityll and NBS/LOWRY INCORPORATI hereinafter referred to as llConsultantln. RECITALS City requires the services of an assessment engineering consult2 to assist in compliance with the requirements of Part 10. Alternative Procedure for Division of Land and Bond, Improveme Bond Act of 1915. NOW, THEREFORE, City and Consultant mutually agree to supplemc the above-referenced agreement as follows: 1. CONSULTANT'S OBLIGATION The following paragraphs are intended to encompass all duti and responsibilities of the "Engineer of Workv1 and t "Assessment Engineer11 , as such terms are customarily used proceedings under the Municipal Improvement Act of 1913 a the Improvement Bond Act of 1915. Consultant shall perform all work necessary to assist t Superintendent of Streets in processing all land divisic with assessment liens outstanding for Assessment District Nc 85-2, 86-1 and 88-1; and all future assessment distric funded through the issuance of 1915 Bonds. The work sha include but not be limited to the following as directed by t Page 1 of m '. Superintendent of Streets: a. Preparation of Amended Assessment Roll and Diagram. b. Preparation and mailing of Notice to Bondholder. c. Completion and filing, as required, of the applicati for segregation. d. Recordation and filing of Amended Assessment Roll a Diagram, as required. e. Integration of land divisions into annual billi database. 2. ADDITIONAL SERVICES When authorized in writing by the Superintendent of Street Consultant shall perform or obtain from consultants subcontractors approved by City, additional services connection with the Project not otherwise provided for in th Agreement. Said additional services shall be paid for by Ci as provided in Section 5 of the Master Agreement. 3. PERIOD OF SERVICE Work shall begin within ten (10) calendar days after recei of notification to proceed by the Superintendent of Stree and provision of assessor parcel numbers on the new parcels the County of San Diego Assessor's Office. Work shall proce in a diligent manner to conclusion according to a schedu approved by the Superintendent of Streets. Extensions of ti may be granted by the Superintendent of Streets in accordan with Section 3 of the Master Agreement. 4. FEES TO BE PAID TO CONSULTANT a. City shall pay Consultant for services described und Section 1, Paragraphs a through e inclusive, of th Supplemental Agreement, on a per parcel basis, per la division in accordance with Exhibit t1A8t. There shall be an annual review of this Schedule determine if revisions are required to reflect increas in salary and overhead costs incurred by Consultant. b. City shall pay Consultant for services described und Section 2, of this Supplemental Agreement, on an hour NB$\) Page 2 of - qlowRY NB$~\ L Page 3 of gOWRY NW L. \ k0 W RY Exhibit I1 - W , NNER SCHEDULE OF HOURLY BILLING RATES Effective July 1,1991 Engineering / Planning Senior Principal $135.00 Senior Designer $70.00 Principal 11 5.00 Designer 65.00 Principal EngineerRlanner 95.00 Senior Drafter 55.00 Senior EngineeriPlanner 85.00 Drafter 45.00 EngineeriPIanner 70.00 Engineering Technician 40.00 Assistant Engineer/Planner 55.00 Design and Drafting Construction Management Surveying Principal Engineer/Construction Mgr 2.8 x Direct Salary Principol Surveyor $95.00 Senior Engineer/Construction Mgr 2.8 x Direct Salary Senior Surveyor 85.00 Resident Engineer/Canstruction Eng 2.8 x Direct Salary Supervising Surveyor 70.00 Assistant Construction Engineer 2.8 x Direct Salary Survey Technician 45.00 Inspector 2.8 x Direct Salary Survey Crew (3 Person] 175.00 Survey Crew (2 Person] 140.00 Travel Time 50% x Crew Rate Mileage (Survey Truck] .5O/Mile Systems AnalystlSr Financiol Analyst $85.00 Computers: Pragrammer/Financial Analyst 65.00 Mainframe Connect Time $30.00/Hour Senior Technician 55.00 PC Connect Time lO.OO/Hour Technician 45.00 Disk Storage [Per Mb) $1 5.30/Mon th Executive Secretary/Admin Assistant 45.00 Reports: ($25.00 Minimum] Secretary 40.00 tines Printed .02/tine Word Processor/Clerk/Office Aide 35.00 CPU Time .50/Second Photocopies .1 o/copy Mileage .32/Mile Subsistence At Cost Other Expenses Cost + 15% Billing rates include overhead and are subject to increases each year due to union bargaining agreements and cost of living increases. A late payment FINANCE CHARGE will be opplied to any unpaid balance, commencing thirty (30) days after the date of the original invoice, at the maximum interest rate allowed by law. 6/91 - w 3 VI . ’-%- 4 tw FIELDS’TONE *LA COSTA w’ a 1 February 2, 1993 Mayor Lewis and Council Members CPty of Carlsbad 1200 Carlsbad Village Drive Carlebad, California 92008 5, _consent Calendar, 2/2/93 Meeting -1 Proposal to Increase Fees far Segregation of Asaessmonts (Assessment Ilfstricts) Deer Mayor and Council Members: At this evening’s meeting, you are scheduled to act on recommendation to increase fees payable far segregation c assessments regarding 3 existing assessment districts. This fc would also apply to any future assessment districts. This item j an the consent calendar (Item 5). Although we recognize that the fee has been stable since 1987 ar that a certain amount of time must be expended whether the praJec is 2 Lots or 1000, Che fee increases are nonetheless vel significant for smaller subdivisions which may develop within theE areas. Y~ur agenda bill notes an 87% increase for a 100-lc subdivision. Initially, we would inquire why this fee is necessary at all sinc i3SS€?6Sln€?nt districts contain significant sums in the budget 1 handle administration of the district, When an assessment distriL is placed on undeveloped Land, it seems lagfcal to assume that Lan iG eventually subdivided and a cost would be included in th administrative cost eatimate for evehtuax eegregaCion c assessments. Assuming this is not the case, however, we have some concern regarding the amount of the fee. We abtained a copy of this agend bill this morning and in the brief time available to us, we hav learned that these fees represent an amount significantly in exces of those charged in other jurisdictions. It appears that staff ha accepted the NBS Lowry estimate and adjusted it upward by 15% fa the new fee, Is the NBX Lowry estimate the result of RO~B internal cos comparison and negotiating conducted by staff? For example, th P.0. UOX ‘3OQO-2h6 4 C’<IIl~td, C?4 92018 * 619.931-8737 +PAX A19-~>J1-1946 - - -r 4) wb Mayor Lewis and council Members February 2, 1993 Page 2 City af San Clement8 charges $40 per lot. For a 900-1c subdivision this represents a difference of $6,000 to $10,880 fc the proposed Carlsbad fee, or 83%* We are not questioning tP quality of NBS Lowry's work, but we believe there is an opportunit to netjotiate fhw numbers bwe4 on the competitive market, Another Blternatlve to consider would to permit these prelimina, calculations and wark be conducted by the developer, with the cit and its consultank functioning to check and canfirm this work; thj is similar to the plan check functian. We wguld ask thEit YOU consider either deferring atlkion cm khi item, or at a minimum developing a program to phase in a cos recovery based an an analysis of the market. We believe this would be 3n appropriate action in an sltmospher where layoffs, salary freezes and salary reductions are everyda occurrences in the construction industry and not the exception, ar where fee increases only serve to exacerbate existing sevex conditions. Sincerely, 9- MIKE STEWART Project Manager MS:jb:LCGEN\Lewis cc: Ruy Patchett, City Manager Lloyd Hubbs, City Engineer - L February 10, 1993 Galen Peterson NBS/ Lowry P. 0. Box 28100 San Diego, CA 92198-0100 RE: Agreement to Revise Fee for Segregation of Assessments The Carlsbad City Council, at its meeting of February 2, 199 adopted Resolution No. 93-24, approving an Agreement with NBS/Low to Revise Fee for Segregation of Assessments. Enclosed is an original agreement and a copy of Resolution No. S 24 for your files. dd& Assistant Ci Clerk CMC KRK: ijp Enclosures 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-: