HomeMy WebLinkAbout02/06/1995 B A K E R S F I E L D
Patricia J. DeMond, Chair
Irma Carson
Kevin McDermott
Staff: Gail E. Waiters
AGENDA
'~' '- BUDGET AND FINANCE COMMITTEE ~
Monday, February 6, 1995
12:15 p.m.
City Manager's Conference Room
Second Floor - City Hall
1501 Truxtun Avenue
Bakersfield, CA
1. ROLL CALL
2. APPROVAL OF JANUARY 23, 1995 MINUTES
3. PRESENTATIONS
4. PUBLIC STATEMENTS
5. DEFERRED BUSINESS
6. NEW BUSINESS
A. POLICY ON SEWER LINE REPAIRS - R. Rojas ·
B. DISCUSSION ONLY-- CONVENTION CENTER HVAC - R. Rojas
7. ADJOURNMENT
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FILE COPY
BAKERSFIELD
PUBLIC WORKS DEPARTMENT
MEMORANDUM
DATE: January 5, 1995
TO: ALAN TANDY, CITY MANAGER
FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR~
SUBJECT: CONVENTION CENTER H.V.A.C.
The Convention Center air conditioning system has surpassed its useful life and must be
replaced. Last year a study was performed to determine if a Thermal Energy Storage (TES)
system could be used since it would have qualified for a P.G.&E. rebate (part of the study
was underwritten by P.G.&E.). The study was completed by John Mitchell in August which
identified the following:
NO. DESCRIPTION COST
1. Replace cooling towers (both the chiller and ice making) $ 340,000*
2. Replace main chillers $ 665,000*
3. Replace all air handlers $1,036,000
4. Thermal Energy Storage (TES) $ 473,000
Sub-Total $2,514,000
CaCL Repair $ 100,000
Engineering $ 275,000
Total $2,889,000
* Indicates items which require immediate attention.
Several months ago, Honeywell approached us with a proposal to complete all of the
necessary improvements to the Convention Center with a "Performance Based Contract".
After much time and effort, Honeywell developed several budget estimates relative to the
amount of work we wish to accomplish. These estimates were based on modifying the
Mitchell study and are shown as follows:
1. Minimal improvements to get by $1,750,000'*
2. Medium improvements (includes some air handling) $2,050,000**
3. Full and complete improvements $2,300,000**
** Includes total package with engineering and project management.
BAKERSFIELD
Alan..'uandy, City Manager :/ Patricia J. DeMond, Chair
Staff: Gail E. WaEers ,/ Irma Carson
Kevin McDermott
':~, ' AGENDA SUMI~ARY REPORT
BUDGET AND FINANCE COMMITrEE
Monday,' January 23, 1995
12:15 p.m.
City Manager's Conference Room
1. ROLL CALL
Call to Order 12:26 p.m.
Present: ·Patricia J. DeMond, Chair; Councilmember
Irma Carson; and Councilmember Kevin McDermott
2. APPROVAL OF DECEMBER 5, 1994 MINUTES
Approved as submitted.
3. PRESENTATIONS
None
4. PUBLIC STATEMENTS
None
5. DEFERRED BUSINESS
A. AMBULANCE SERVICE RATES
At the Committee's December 5, 1994 meeting staff was asked to draft a
proposed ordinance that addressed the concerns of ambulance operators. The
AGENDA SUMMARY REPORT
BUDGET AND FINANCE COMMITTEE
Monday, January 23, 1995
Page -2-
Committee supported the changes proposed by staff in the ordinance and will
recommend to Council that effective this year only, ambulance operators can
apply for a rate change by April 1, 1995. Thereafter, any application for rate
changes must be submitted by January 1 of each calendar year. Such requests
will come before the Council during a noticed public hearing. Unless the matter
is referred to Committee, the rate changes will be adopted at the public hearing.
· Staff will present the draft ordinance to Council at' its February 8, 1995 Council
meeting.
6. NEW BUSINESS
A. ASSESSMENT DISTRICT NOTICING PROCEDURE
Over the years, developers from the private sector have turned to the City for
assistance when developing their financing packages. Representatives from
Castle and Cooke gave testimony to the Committee regarding Assessment District
94-3 (Silver Creek, Brimhall North and Seven Oaks), which dealt with assessments
for some property owners in a partially built-out neighborhood. Castle and Cooke
deVeloped a. disclosure notice for review by the Committee. The Committee
requested additional changes to the notification and asked that the notice be re-
submitted for further review. A separate issue was raised by Castle and Cooke
concerning City policy on the exclusion of spreading assessments to already built
.homes. The issue was referred to staff and will be brought back to the
Committee at their next meeting.
B. AIRPARK GRANT
The Committee reviewed staff's recommendation concerning an application for
federal grant funds to provide additional safe space at the Airpark. Research
completed by staff concerning the City's 10 percent match to FAA grants
concluded that the match can be fulfilled by a donation by the land owner. The
Committee has recommended that the Council approve staff's request to pursue
the grant.
C. POLICY ON SEWER LINE REPAIRS
A citizen's concern necessitated staff's review of City policy regarding sewer line
repairs. The City is not liable for breaks in laterals, however, staff understands the
difficulty of doing repairs that occur between the curb and the main in a timety
manner. In order to be of assistance to residents for these types of breaks, the
BUDGET AND FINANCE COMMITTEE
Monday, January 23, 1995
Page -3-
City is offering the following alternative: a "discounted service" that will require the
homeowner to pay a smaller fee to excavate the lateral problem, and to have it
done in a timely manner by City forces. This discounted service does not,
however, abdicate the homeowner's complete responsibility for the lateral breaks
occurring between the curb and the main. The service will only be available to
City residents, except for all agreements currently in place with the City. The
Committee asked that staff bring a draft ordinance back to their next meeting.
D, FIREWORKS ORDINANCE
The City's fireworks ordinance has no provision for City growth. The current limit
on permits is 50. In the past, this has been expanded to accommodate County
permit holders when property has been annexed into the City. It is anticipated
that four permits will need to be grandfathered in due to the recent annexation of
Union #10. The Committee has asked staff to address the permit issue as it
relates to growth and a possible lottery selection process. Staff will return to the
Committee with a draft procedure at the Committee's earliest possible date.
E, PROPOSED 1995 MEETING SCHEDULE
The proposed schedule was approved by the Committee.
7. ADJOURNMENT
The meeting was adjourned at 2:25 p.m.
cc: Honorable Mayor and City Council
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BUDGET AND FINANCE COMMI'n'EE - 1995 ADOPTED MEETING SCHEDULE
MONDAYS @ 12:15 PM
COMMITTEE MEETING COUNCIL MEETING
January 23 January 25
February 6 February 8
None February 22
None March 8
None* March 22
March 27 April 5
None April 19
April 24 May 3
None* May 17
None* June 14
None* June 28
July 10 July 19
None August 9
August 14 August 23
None September 13
September 18 September 27
None October 11
October 16 October 25
November 13 November 8
None November 29
December 4 December 13
*No meeting scheduled because of budget hearings/holidays.
BAKERSFIELD
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: Budget and Finance Committee
FROM: Raul M. Rojas. Public Works Director .... ~
DATE: January 20. 1995
SUBJECT: Benefit Spread Method Proposed by Castle '& Cooke
for AD 94-3 (Silver Cree~Brimhall/Seven Oaks)
On December 14. 1994. the council referred to this committee the review of the benefit spread
method proposed by Castle & Cooke for the Assessment District No. 94-3 (Silver
Creek/Brimhall/Seven Oaks). This method is a major departure from current City. policy and
warrants the committee's close review, especially in light of the serious problems assessment districts
are facing in other communities. '
Please find attached an outline of the current City. policy ragardina the spread of benefit assessments
and the changes proposed by Castle & Cooke. '
AD95:',BENtiF1TC~MEM
R..MR:jrkm0s
xc: Reading File
AD 94-3 File
Marian P. Shaw
Budget and Finance Committee
January 23. 1995
Public Works Department
Benefit Spread Methodology Review for Proposed Castle & Cooke Assessment District No. 94-3
I. Assessment Districts - General
A. Assessment districts are formed to finance public improvements, usually through the
sale of assessment bonds
B. Debt service on these bonds are paid through a lien on the properties within the
district - a yearly payment appears on the property tax bill
C. The lien on individual property is not to exceed one-third of the assessed property
value
D. The amount of the lien on individual property is set forth in the Engineer's Report
as required by law - the Engineer preparing the report "spreads" the total assessment
to the various properties in proportion to the benefit received
1. {}10204(e) of Streets. and Highways (1913 Act) states that the report is to
include "A proposed assessment of the total amount of the cost and expenses
of the proposed improvement upon the several subdivisions of land in the
district/n proportion to the estimated benefits to be received by each subdivision,
respectively, from the improvement.
E. The Assessment Engineer preparing the report is contracted to the City. The City
and the Assessment Engineer are responsible for how the costs are spread, not the
developer.
II. History of Benefit Spread Policy
A. Current policy
1. Very general in nature
2. No specific reference to benefit spread in policy - Department policy followed
the provisions of State law
3. A change in policy was proposed and approved by this committee at the
December 5. 1'994 meeting,
a) The overall value to lien ratio was changed to four to one, although
individual properties could still be assessed at three to one.
b) Again, no specific reference is made to benefit spread and
Department policy is assumed to follow provisions of State law
B. Typical Spread Methodology
1. The spread of improvement costs is based on the development requirements
of the tract or other land subdivision. If a tract or other land subdivision
does not requi~e an improvement to be constructed, bonded for or a cost
contribution made in order to develop, it does not directly benefit from that
improvement.
2.A.D. 93-1 (Northeast Sewer)
3.Earlier Districts
III. Castle & Cooke Proposal~
A. First proposal presented June, 1994. Covered 1631 acres and $19.5 million in
improvements
1. Many concerns with first proposal
a) Schedule of improvements covered three years - too long for a single
bond issue.
b) District boundaries specifically excluded single lots not owned by
Castle & Cooke, but included lots next door still owned by Castle &
Cooke.
c) Corporate decision was made requiring that all lots considered'to be
a similar "product" would have the same assessment. Proposed fiat
spread of improvements to achieve this goal.
d) Corporate schedule required that the district be in place by the end
of December, 1994.
2. Decision made to split district
a) Gosford/White district given go-ahead. Small district, reasonable
spread, needed to be fast-tracked.
b) Castle & Cooke were to address concems of City when resubmitting
remainder of proposed district.
B. Second proposal submitted November, 1994. Covers 918 acres and will install $6.3
million in improvements
1. There are three Communities within the proposed district:
a) Silver Creek (292 acres - $2.5 million of improvement costs)
b) Brimhall North (148 acres - $1.2 million of improvement costs)
c) Seven Oaks (478 acres - $2.62 million of improvement costs)
2. The improvements include:
a) Arterial street improvements (Panama Lane. Calloway Drive and
Buena Vista Road - $3.9 million)
b) Collector street improvements (Harris Road, Verdugo R~ad, Old
Farm Road, White Oak Drive, Camino Media - $2.4 million)
3. Concerns with second proposal
a) No schedule of improvements has been submitted
b) District boundaries exclude those areas (not single lots) within a
community that Castle & Cooke no longer own:
i) Seven Oaks excludes Tracts No. 5217, 5218, 5220, 5221, and
5291 as well as the proposed private golf course
ii) Silver Creek excludes all tracts west of Wilderness Drive and
north of Spring Creek Loop
iii) Current proposal differs only in scope in the area covered
c) Castle & Cooke has proposed a specific spread of benefit which will
result in an equal assessment for comparable properties.
i) The improvements within a community may not benefit each
property equally - Castle & Cooke is willing to take the
assessment in excess of benefit to their own property.
Example: White Oak Drive is allocated to the m,ulti-family
parcel at Ming and Buena Vista
ii) The improvements within a community may directly benefit
properties within the community but not within the district -
Castle & Cooke is willing to take that portion of the cost
properly allocated to the property outside the district onto the
remaining property. Again, accepting an assessment in excess
of the benefit received.
Example: Buena Vista Road improvements in front of Tract
No. 5217 and in front of the private golf course are allocated
to the residential tract at the corner of Old River and White
Lane.
IV. Potential Problems'
A. This method is not in conformance with assessment district law. It is recommended
that a written legal opinion be obtained from the City's bond counsel prior to
approving the method. Conversely, a Charter City ordinance may have to be passed
to enable the City to pursue this method.
.. B. City has hO.Control over subsequent property purchasers. Next property owner in the
district may or may not be as secure as Castle & Cooke.
C. Increased level of risk. The City is acting as a bank. using land as collateral on a
development loan where some of the assessed property would not be improved by
thc financed improvements.
D. Gives the developer the ability to direct the benefit spread method - City loses
control over land development infrastructure financing.
E. This sets a precedent for other developers to use. The next developer may not be
as solid as Castle & Cooke.
F. The method of spread proposed by Castle & Cooke will assess the cost of
improvements to lots, but the assessed lots will have no value added to them by the
improvements that are being financed. This is simply "equity financing" and that
concept, if approved, would be a major change in municipal financing policy for the
City.