HomeMy WebLinkAbout1993-02-02; City Council; 12055; Approve Consultant Contract6aa
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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:
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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
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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.
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AMEND DIAGRAM . '
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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
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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,
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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.
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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.
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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
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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.
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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
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& t/i &it@,f LAUDE . WIS, Mayor
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stant City Clerk
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- - 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
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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
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gOWRY
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Exhibit I1 - W
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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.
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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
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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
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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-: