HomeMy WebLinkAbout08/18/2003B A K E R S F I E L D
,~/[,//~'~ Mike Maggard, Chair
.~i~n Ta~-dy Cil~y i~ager Harold Hanson
Staff: Darnell W. Haynes Mark Salvaggio
AGENDA SUMMARY REPORT
BUDGET AND FINANCE COMMITTEE MEETING
Monday, August 18, 2003 · 4:00 p.m.
City Manager's Conference Room - City Hall
1. ROLL CALL
Called to Order at 4:10 p.m.
Present: Councilmembers Mike Maggard, Chair; Harold Hanson and
Mark Salvaggio
2. ADOPT JULY 21, 2003 AGENDA SUMMARY REPORT
Adopted as submitted.
3. PUBLIC STATEMENTS
4. DEFERRED BUSINESS
A. Review and Committee recommendation regarding future park
amenities and the park development fee
Assistant to the Public Works Director Georgina Lorenzi provided an update on
meetings held with the Building Industry Association of Kern County (BIA) and
North Bakersfield Recreation and Parks District (NBRPD) regarding the adjustment
to the park development fee due to increased construction costs. Both entities are
in agreement with moving forward with the adjusted park development fee. There
are three issues, which need to be reviewed by the Budget and Finance
Committee at a subsequent meeting:
1 .) In calculating the park development fee, staff backed out costs for street
improvements. The NBRPD questioned if there would be a way to require
developers to provide all street improvements for their facilities as they are
required to do for the City? If not, NBRPD would recommend keeping street
improvements included in the fee as part of the estimated park construction
costs. Developers in the City are required to complete street improvements
and in the NBRPD developers are only required to construct half the street
improvements. Staff agreed this issue should be addressed.
AGENDA SUMMARY REPORT
BUDGET AND FINANCE COMMITTEE MEETING
Monday, August 18, 2003
Page - 2 -
2.) The NBRPD is requesting fees for permits and services traditionally waived
for City parks to also be waived for North Bakersfield Recreation and Park
District parks.
3.) The BIA indicated they are interested in a park development fee credit for the
required open space in multi-family projects with four or less units. In 2002,
an ordinance change required open space for this type of multi-family
development and the BIA indicated it is their opinion this open space should
receive credit toward public parks.
Dave McArthur, Bakersfield Recreation and Parks District, spoke in agreement
with moving forward with the park development fee, but would like their
outstanding issues (listed above) to be addressed by the Committee.
Brian Todd, Building Industry Association of Kern County, spoke in agreement with
adopting the fee, but would like their outstanding issue (listed above) to be
addressed by the Committee.
The Committee requested staff to bring these outstanding issues back to the
Committee meeting in October.
A memo from the Public Works Director was handed out with information not
available at packet distribution time. Castle and Cooke provided their development
costs for Windermere, Deer Peak and Windsor Parks. If prevailing wages are
factored in, the cost per acre is consistent with the estimated costs used by staff to
calculate the adjusted park development fee for neighborhood parks.
After discussion, Committee Member Salvaggio made a motion that the Committee
recommend adoption of the adjusted park development fee of $1,275 per dwelling
unit. The Committee unanimously approved the motion and forwarding to the City
Council for adoption.
B. Review and Committee recommendation regarding Economic
Development Loan Policy Guidelines
Economic Development Director Donna Kunz provided background on the City's
current Loan Policy Guidelines. The current policy requires 100% repayment and
provides gap financing of 10% to 30% of the project development costs. The
balance of the project's costs of 70% to 90% is typically privately financed by the
owners or their commercial banks. However, since the new prevailing wage law
has been in effect, the economic value of a business accepting a loan for only 30%
of the project with 100% repayment requirement does not offset the effect that
accepting the City's loan triggers compliance to pay prevailing wage on the total
project.
AGENDA SUMMARY REPORT
BUDGET AND FINANCE COMMITTEE MEETING
Monday, August 18, 2003
Page - 3 -
Loan funds have been set aside for development in the southeast as an incentive
to create jobs and clean up blight. The current loan policy guidelines are not
working for the economic development lending program since the law changed and
paying prevailing wages added cost restraints.
Creative loan funding has been approved for two Projects by Council to fund only
the public improvements, which does not trigger prevailing wage on the whole
project.
Staff recommended the following changes to the loan policy, which would provide
more flexibility to assist loan applicants. Each agreement for a loan would still
come before the Council for approval.
1 .) Allow loans of up to 50% of the cost of the project based on need, the
development costs, the project's available and' expected cash flow, and the
borrower's ability to use their equity portion identified in the project
development pro forma to obtain the matching private financing needed to
finance the portion of the project not provided from the City's loan. Typically
commercial banks provide the primary financing for the project and the City
provides gap financing.
2.) Allow forgivable loans if the borrower meets a previously-agreed employment
benchmark. The agreement would include employment of a certain number
of workers each year for the term of the loan and at least 51% of the jobs
would be for Iow and moderate-income individuals. Each year the agreed
upon percent of the loan payment would be forgiven depending upon how
well the borrower met the conditions of the loan. Although the loans may be
totally forgiven, the City receives the benefits of tax increments, jobs being
created and businesses being established in a blighted area, so there is value
returned to taxpayers.
It was noted loan applicants are still required to fully complete the application
process, be evaluated on the project's ability to repay the loan and provide private
financing (bank loan) for at least 50% of the project costs.
Donna Kunz provided information requested by the Committee on how owner's
equity fits into the underwriting guidelines for the purpose of this program. The
department examines equity for the purpose of evaluating a reasonable return to
the owner from the project's expected cash flow after the project has been
completed. Typically owners use their equity portion identified in the project
development pro forma to help them obtain the private financing required for the
project.
I
AGENDA SUMMARY REPORT
BUDGET AND FINANCE COMMITTEE MEETING
Monday, August 18, 2003
Page - 4 -
Committee Member Salvaggio was hopeful if the changes were made to the loan
policy it would assist developers working in the southeast, such as Vernon Strong,
to qualify for funding.
The Committee requested staff to contact Councilmember Carson and work with
Phines regarding a possible restaurant project at the Bakersfield Municipal Airport.
Committee Member Salvaggio made a motion to amend the current loan policy to
provide staff with more flexibility to allow loans up to 50% of the project's cost and
also allow forgivable loans based on job creation and the project's economics. The
Committee unanimously approved the motion and forwarding to the City Council
for adoption.
5. NEW BUSINESS
A, Review and Committee recommendation regarding request from
Bakersfield Civic Light Opera Association for early release of mortgage
collateral associated with its CDBG loan (This item heard second.)
Economic Development Director Donna Kunz explained the City has received a
request from the Bakersfield Civic Light Opera Association (BCLOA) also known
as the Bakersfield Music Theatre for release of the collateral that secures its
CDBG-funded loan. The Bakersfield Music Theatre has a one-time opportunity to
sell the collateral (property) and use the proceeds to reduce a bank debt held by a
consortium of banks. The banks are also willing to donate part of the loan payoff if
the debt is retired at this time.
The original amount of the loan was $50,000 and is a five-year forgivable loan. The
agreement requires 51% of all jobs created will be for Iow and moderate-income
individuals. The BCLOA has met this requirement for the first three years and has
an outstanding loan balance of $20,000. If the collateral is released, it would result
in the City having an unsecured loan on the $20,000. All the other requirements in
the agreement, such as hiring Iow and moderate-income individuals, will remain in
effect.
Staff explained the Stars Dinner Theater is an excellent commercial redevelopment
project and a quality investment in the downtown. As this is a forgivable loan, staff
recommended allowing BCLOA to amend the agreement to release the collateral,
which would help assure the long-term financial success of the Stars Dinner
Theater in the downtown.
Rogers Brandon, Bakersfield Music Theatre, spoke regarding their request to sell
the property being used as collateral and use the proceeds to reduce their bank
debt.
The Committee unanimously approved staff's recommendation to release the
collateral and recommended forwarding the amendment to the agreement to the
City Council for adoption.
AGENDA SUMMARY REPORT
BUDGET AND FINANCE COMMITTEE MEETING
Monday, August 18, 2003
Page - 5 -
B. Review and Committee recommendation regarding hiring an in-house
liability claims administrator
Assistant City Manager Alan Christensen explained staff has reviewed the
operations in Risk Management and found there would be an opportunity to save
approximately $40,000 per year in claims administration costs if this service were
brought in-house. The City currently contracts with AIMS to handle liability claims
made against the City. AIMS fees are charged on an hourly basis with an annual
cost of approximately $115,000. Bringing claims administration in-house would
require a claims adjuster position be created. The budget for this position for the
first year would be $73,443, with one-time costs for software of $20,000 and
$2,000 for a personal computer.
Besides the savings, there would be other benefits. From a service perspective,
handling claims in-house allows quicker contact and resolution of claims for
citizens. Sending claims to AIMS adds three to five days delay. There would also
be time-savings for Risk Management staff when a claim is filed and being.
adjusted as they have numerous conversations with claimants, which must be
passed on to AIMS. The current agreement with AIMS ends in January 2004.
A survey of other cities was conducted. Responses were received from eight
entities and seven (six cities and the County of Kern) adjust liability claims in-
house. All seven expressed the opinion this was the best way to handle and adjust
liability claims from both cost and service perspectives.
Risk Manager Patrick Flaherty spoke about time-delays and duplication of work
when using an outside liability claims administrator.
City Attorney Bart Thiltgen and City Manager Alan Tandy spoke in favor of
handling liability claims in-house.
Committee Chair Maggard expressed his appreciation for staff's initiative to come
up with ways to save money. However, with the current budget constraints and
vacancies in safety positions, he had concerns with the timing and adding another
administration position. He asked staff to check into contracting this out and
having the services done on a retainer basis.
Committee Member Salvaggio wanted staff to check with the Blue and White
Collar group to get their input on contracting the work out.
Committee Member Hanson was also in support of checking into contracting the
services out.
Committee Chair Maggard asked staff to give him a call regarding AIMS contracts
and why AIMS services work well for workers' compensation and are not cost
effective for liability claims.
AGENDA SUMMARY REPORT
BUDGET AND FINANCE COMMITTEE MEETING
Monday, August 18, 2003
Page - 6 -
6. COMMITTEE COMMENTS
7. ADJOURNMENT
The meeting adjourned at 5:30 p.m.
Attendance: City Manager Alan Tandy; Assistant City Manager John W. Stinson;
Assistant City Manager Alan Christensen; City Attorney Bart Thiltgen; Assistant to the
City Manager Darnell Haynes; Public Works Director Raul Rojas; Economic
Development Director Donna Kunz; Risk Manager Patrick Flaherty; Assistant to the
Public Works Director Georgina Lorenzi; Assistant Recreation and Parks Director Allen
Abe; Principal Planner, Economic Development, David Lyman; and Public Works Civil
Engineer Arnold Ramming.
Others: Kim Turner and Rogers Branson from the Bakersfield Music Theatre; Brian
Todd, BIA of Kern County; Dave McArthur and Colon Bywater from North Bakersfield
Recreation and Parks District; Peter J. Rudy, reporter, KUZZ; and James Burger,
reporter, The Bakersfield Californian.
cc: Honorable Mayor and City Council
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