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HomeMy WebLinkAboutAD 03-3 Memo RE Meeting Notes 11-05-03MUNICIPAL BOND FINANCING y~~ ~ljson FOR LAND DEVELOPMENT ''~~'jj AND COMMUNITY FACILITIES CIVIL ENGINEER PROJECTS ~~~~~ ~ sso is CE 23269 C t~S 4221 WEST SIERRA MADRE, SUITE 241 FRESNO, CALIFORNIA 93722 OFFICE (559) 275-5445 FAX (559) 275-6613 MEMORANDUM T4. Alan Daniels ~ Roger McIntosh DATE: November .12, 2003 Stephan DeBranch : Marian Shaw;? ~ ' Corey Garberolio Bob Sherfy Bruce Graham Sam Sperry Don Judkins Nelson Smith Gregory Klimkc~ Sohn Stinson Pam McCarthy Laura Whitaker FROM: Ed W' on/Dej ~,n Pavic SUB,~ECT: Notes from Meting Held on November 5, 2003 - Re: Proposed City of Bakersfield Assessment District No. 03-3 (Seven Oaks West IIUBrighton Place IUFairway Oaks South/Cosmo) RE: Our No. 29-63G' This memo summarizes the results of two meetings on November 5, 2003 to review two of the developer applications and associated improvements to be financed by the proposed new City Assessment District No. 03-3. The first meeting was with Laura W'itaker, Stephan DeBranch (Castle & Cooke), and Roger McIntosh (McIntosh & Associates) to discuss the scope of the Castle & Cooke improvements described in the project financing application submitted to the City on September 24, 2003.,: proposing financing of $4,867,348.00 of improvements, City impact mitigation fees and in ~idental costs in two areas of southwe,~t Bakersfield.. The second meeting was with Don Judk~~.s to review the scope of Fairway Oaks South, LP (Tract 6079) improvements described in t,~~~e project financing application also su'orr~itted to the City in September. The Fairway 0~~:~s South application requests assessment financing for the acquisition of $600,000.00 i,~ street, water, sewer and drainage imp:°ovements, and incidental costs. A copy of the list of participants in the two meetings is enclosed. Tie new district's official na~ne, as confirmed November 6 by CorE~~y Garberolio in City Finance,. is: City of Bakersfield AF~sessment District No. 03-3 (Seven C~al~s West III1Brighton Place III Fairway Qaks SouthlCosmc~~) Points Discussed in Both Meetings 1. fey dates in schedule: A, December 10, 2003, Council action to accept petitions, initiate the proceedings, adopt a resolution of intention, adopt district boundaries (sketch map), approve consultant agreements i. City Attorney's draft documents submittal date for December 10 agenda ....................................................November 2l 11. City Clerk's docurr~ent submittal date (11/2$ is City Holiday} .........November 2t B. December 1 1, 2003, transmit all tract map ACAD 14 files to Wilson. Mapping for the assessment will need to be completed in mid January to meet the filing deadline for February 25 Council agenda. {Note: Completion of work for maps received after December 11 may require consultant. overtime to meet project schedule) C. Appraisal data tables. available from appraiser .........................January 30 D. All hands meeting to review appraisal results and value-to-lien status of all parcels, update district status ......... . .......................February 25 2. The Castle & Cooke and -Fairway oaks South, LP financing proposals are to be combined with a third area in northeast Bakersfield (Paladino/Cosmo Area) that is comprised of 20 suburban residential parcels located in the northwest and northeast quadrants of the Paladino Drive. and Morning DrivelCosmo Street intersections. An application for bond financin has g been submitted to the Cit1~ by the Cosmo Area proponents that tcluded signed petitions from: all of the Cosmo area property owners requesting that their project be included in a Cit y ~.ssessment district. The Cosmo Area improvements include the .installation of a water distribution system and services. The completed water system will be owned by California Water Service Company {"Cal Water"), a state regulated utility company. A meeting was held with the Cosmo Are~~~ project proponents on October 14. A copy of the minutes from that meeting are enclosed.. The Cosmo Area improvements cost, as estimated by the project proponents, is $260,000.00. An estimate is being prepared by Cal Water. 3 ~ The total estimated improvement cost to be financed for each of the AD 03-3 ro onents is a~ Pp follows: Castle ~i Cooke = $4.9 Million Fairway Daks South = 0.6 Million Cosmo Area ~ = 0.3 Million $5.8 Million 29630MtgMmo 1. wpd -2- 11/12I200:~ District formation and bond issuance costs will add estimated 30% to 35% to these project improvement totals as the amount assessed and the total amount of bonds sold. 4. The following schedule for the AD 03-3 proceedings has been set up based on the request by Castle & Cooke and Don Judkins that the first assessment debt service installment be placed on the 2004 County property tax bills for their development areas. The County Auditor requires that the City Council resolution approving the list of unpaid assessments be delivered to them by the third week of June. The last Council meeting date available to adopt; that resolution for AD 03-3 is June 9. Tracking back and allowing for expiration of the 30- day period during which any ,property owner in the Cosmo Area may pay cash for their assessment, the latest date that the AD 03-3 hearing can be held is April 14. A. Last Available Council meeting to approve List of Unpaid Assessments {To get first billing to 2004 Property Tax} B. End 3o-day assessment cash payment C. Record assessment D. HearinglCount Ballots~lConfirm Assessment E. Last date to record tract maps F. Last date to record boundary map G. Last date to approve tract maps H. Preliminary Approval of Assessment by Council I. Appraisal data tables ready J. Distribute draft assessment data June 9, 2004 May 20, 2004 April 20, 2004 April 14, 2004 Apri 16, 2004 March 30, 2004 March 24, 2004 February 25, 2004 January 30, 2004 January 21, 2004 1~. Transmit ACAD 14 tract maps to Wilson December 11, 2003 L. First Council action to start assessment proceedings December 10, 200~~ M. File documents with City Attorney for December 14 Council November 21, 200~~ 5. The 'City Clerk will need to count ballots on Apri114 after the close of the hearing. The assessment ballot results will then be presented to the Council as a second scheduled item at a later time on the agenda and that item would include adoption of the resolution confirming the assessment if the ballots in favor of the assessment exceed those in opposition. This twa- step process was reviewed with the City Clerk on November ~ and can be setup. There will be 20 ballots from the Como Area, possibly two from Castle and Cooke and one from Fairway CJaks South. Special handling details will need to be worked out with the City Clerk and Sam Sperry. 6. Acquisition agreements will not be ready for approval until 2004. Therefore, improvements that are to be financed by AD 03-3 cannot be offered for completion and acceptance by the City until the acquisition agreement covering those improvements has been approved by the City Council. 296~OMtgMmol.wpd -3- 11112I20~3 Points Discussed in Castle & Cooke Meeting 1. The schedule for an April 14 hearing and for Council final approval of all tract maps that are to be shown in the assessment as recorded lots can be met for all pending maps, with the exception of the 8 phases in Vesting Tentative Tract No. 6223 ("VTTR 6223"). Castle & Cooke asked for Public Works map check priority for VTTR 6223 (Planning Commission hearing for VTTR approval is November 20} and also for completing map check of TR 619 (1 phase), TR 6150 (2 phases}, and TR 6151(2 phases). Priority check covers 13 maps. Th~.t request is under review by Public Works and Marian Shaw will update the project resource team and project proponents on whether the referenced tracts can be processed for Council approval by March 24. 2. Existing AD 96-2 and AD 01-2 assessments on Seven Qaks West III Area parcels will need to be paid in full or those payoff costs financed in AD 03-3. The Castle & Cooke application and estimate includes the AD 01-2 payoff estimated as $283,315. The actual AD 02-1 payoff will be about $335,000 (Assessment No. 704 and three lots in TR 6055 identified as Assessments Nos. 428, 429, and 430}, according to recent data provided by City Finance. The AD 96-2 payoff total (Assessments Nos. 32 and 34) is estimated to be $78,500, increasing the total funding amount for the Castle & Cooke Areas by $130,000 to $4,998,000. 3. Some lot sales have already been closed in the Seven yaks 'West III Area, but the lot buyers have assigned their assessment ballot rights to Castle & Cooke using forms provided by Sam Sperry. Copies of those assignment forms need to be sent to John Stinson for distribution by John to interested parties on the resource team. If lot sales continue to close, those additional assignment forms also need to be sent to John Stinson. 4, The tracts that will be recorded in each area before the assessment is confirmed are as follows: even a s est III ran Is and -Section 12 West in App lcation TR 6086 -Recorded April 2003 TR 6087 - 4 Phases -Recorded April/May 2003 TR 6150 - 2 phases - Close to final approval TR 6151- 2 phases -~ Close to final approval TR 6199 -1 phase ~~ Tentative map approved 09103103. This tract was not listed in the application, but confirmed at the meeting that it is to be part of AD 03-3 TR 6223 - 8 phases - To Planning Commission hearing 11120103. This tentative will replace all of tentative tracts 6130 and 6131 that are listed in the application. The scope of improvements to be acquired includes 1}White Dane west half-mile, 2) Allen Road south of Chamber. Blvd., 3) Chamber Blvd. west quarter-mile, full street, 4} Chamber Blvd. wall and landscaping along the street section that was funded in AD 02-1. Also , 29630MtgMmol.wpd -4- 11/12/2003 included in various street locations are water lines, storm drainage improvements, block wall, corner features, engineering, City plan check and inspection fees, and construction administration. Brighton Place II ~Jewetta Tract 6185 in Application} TR 6185 -Tentative has been approved, and the final map is proceeding through the City checking process. Scope of funding includes the acquisition of a Jewetta Avenue traffic signal system at the TR 6185 entrance, the payment of City water and traffic impact mitigation fees for Tract 6185, plus City plan check/inspection fees, and proponent's improvement incidentals and contract administration costs. The impact fees are: "water Availability Fee"I$2,000/acre - 36 ac. $72,000) and Regional Transportation Impact Fees ($2,197/dwelling -177 dwellings - $389,000). Note: The Brighton Place II Area is subject to the levy of the special tax for CFD No. 92-1 of the RNR School Financing Authority. Points Discussed in Fairway Oaks Meeting 1. This :area includes only Units 1 and 3 of the six total units approved as Tentative Tract 6079. The April 14 hearing date can be met for the Fairway Oaks South Area ("F~VOS Area"). The final map for TR 6079 Unit One will go to the City Council in December if map check can be completed, or in January. If approved in December, TR 6079-Unit 1 may include TR 6079- Unit 3 as a super lot to create the boundaries of the development area that will be in AD 033. If approved in January, both Units 1 and 3 may be approved as separate final subdivision maps and recorded in January or February. FwOS will request priority map check for TR 6079 Units 1 and 3. 2. There are no existing assessments or Mello-Roos special taxes on the FWOS Area. 3. FwOS, LP, will develop the lots and construct homes with the first completed home sales closings to occur around May 1, after approval of the assessment on Apri114 and recording of the notice of assessment on April 20. 4~ Don Judkins asked City staff to research the costs and acceptability of creating a reimburse- ment fee area (Planned Sewer Area) for the off-site extension of sewer from TR 6079 to the nearest point of connection to an existing line in Harris Road about 318-mile to the west. If a planned sewer area and reimbursement agreement can be implemented, the off-site sewer improvements would be added to the district. The point was made that any reimbursement would go to reduce the FWOS Area assessments instead of being paid to FwOS, LP. 296301VItgMmol .wpd -5- 11/12/2003 5. Sco e of the im rovement~ for the FwaS Area includes gradingy curb, gutter, sidewalk, p p paving, block wall, street lights, and water in 41d River Road along the eastern boundary of TR 6079 Unit 1 and street only along future Unit 2 to the north. Within TR 6079 Units 1 and 2, water lines, sewer lines, and storm water drainage improvements, and all related engineeringlsurveyeosts. The sewer main will be extended west from the Unit 3 west boundary across future TR 6079 Unit 5 to Mountain Vista Drive to connect off-site to an existing sewer main in Harris Road. : ` ~ .: 2963~MtgMmol.wpd -6- 11/12/2003 Nom. ~, ~~ 3 1~t~'tnc~~( ~1A-ML ~~v~~scnr~ri(~ 1~1~'~~~rn,L ~ ~-u2~ why ~~e~ ~a~ ~ c~~- s~ ~-~~~~ l,orZt~ ~arbLVfJ(~"v ~j~ {;naar~ '~~-~°s~ ,~e~=~ ~~ Q,~R.-G-"~ Wm~ 3z~-~S9v