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HomeMy WebLinkAbout22- Public Works File No. 14.40-Gen. CIITY OF SAN BERN IDINO - REQUEST F I COUNCIL ACTION Fron,,: ROGER G. HARDGRAVE, Director Subject: Hearing for Resolution Establishing for processing applications for fees Dept: Public Works/Engineering reapportionment of Assessments. Date: December 20, 1993 (Bond Issues) Synopsis of Previous Council action: 12-20-93 Continue Adoption of Resolution for notice and hearing. Recommended motion: That the hearing be closed and the Resolution be adopted. i cc: Shauna Clark, City Administrator Barbara Pachon, Director of Finance Jim Penman, Citv Attorney ignature Verne Nadeau 384-5026 Contact person: _ Phone: Report Supporting data attached: Staff Rep Ward: All FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) None (Acct. Description) _ Finance: Council Notes: 75-0262 Agenda Item No. �� CITY OF SAN BERNA DINO - REQUEST FC-` COUNCIL ACTION STAFF REPORT Pursuant to Section 8730 et seq of the California Streets and Highways Code, it is necessary for the Mayor and Common Council to set fees for the applications for reapportionment of assessments under our bonded Assessment Districts to include the costs for preparing the amended assessment, the notices and the amended assessment diagram map. These fees are to be paid up-front by the owner(s) of the land involved. A public meeting was set for January 10, 1994 pursuant to the provisions of Government Code Section 54990, et seq. , to consider the establishment of a new fee for processing applications for apportionment of assessment under the provisions of the 1913/15 Act. If any parcel of land lying within the boundaries of one of our Bonded Assessment Districts should be divided into smaller parcels or a group of smaller parcels should be combined into one larger parcel , then it is necessary to reapportion the assessment which exists on the original parcel(s) into separate assessments for each of the new parcels. There is a strict procedure for such reapportionment which �e set out in Section 8730 et seq of the Streets and Highways Code which must be followed. This procedure takes considerable time and effort on the part of the City Clerk, Finance and Public Works Departments. The reapportionment of assessments for all of the City's present 33 active Districts which are not Bonded issues are done by the staff of the Real Property Section of the Public Works Department and would not be affected by this procedure. There are outside Firms who provide this reapportionment service, one being Muni Financial Services Inc . who are presently preparing the annual assessment rolls on all of our .Assessment Districts for which Bonds have been sold. Due to the short staffing on the part of the involved City Departments, it is recommended that Muni Financial be selected to provide these services as it would be more convenient and expeditious to deal with a single Firm than coordinate the work of different firms. Therefore we recommend that the fees set/charged be equivalent to those charges by Muni Financial plus City handling charges to total at $2,250.00 per Tract Map plus 525.00 per final parcel and a flat fee of 51,100.00 for Parcel Maps and that the Resolution be adopted. Attached for your information is a copy of the fee schedule for Muni Financial Services for these services . The difference between the fees stated in this backup and the fees shown on Muni's schedule are estimated costs borne by the City for processing/handling.. '5-0264 IFS f C,'ty of San Bernardino CFD and Assessment District Administration Agreement Page 5 The following services are available to compliment the administration consulting services described above and may be provided at the discretion of the Finance Director, S. Delinquency and Judicial Foreclosure Services (Paid by delinquent property owner) Delinquency Reminder Letter $30.00 Delinquency Demand Letter 50.00 Effect Removal from Tax Rail 70.00 All Subsequent Foreclosure Services Hourly Rate C. Assessment Apportionment Services (Paid for by property owner) �.l Apportionment and Amended Assessment Diagram: Parcel Map (4 parcels or less)` $950 Tract / Subdivision Map (5 parcels or more)' $1,950 + $25 per parcel 'per Chapter 2, Section 66426 of the Subdivision Map Act 0. Arbitrage Rebate Calculations Initial Report Per Bond Issue: $2.000 Updates Per Bond Issue (less than 6 issues): 1,500 Updates Per Bond Issue (6 issues or more): 1,250 Additional fees may be charged for identification and separation of commingled funds. allocation of investment earnings, analysis of transferred proceeds associated with advanced refundings. and recalculation of bond yield as required for variable rate issues. These services will be provided at our then current hourly consulting rates. 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING FEES FOR PROCESSING APPLICATIONS FOR REAPPORTIONMENT OF ASSESSMENTS RELATIVE TO ASSESSMENT 3 DISTRICT BONDS PURSUANT TO SECTION 8740 ET SEO OF THE CALIFORNIA STREETS AND HIGHWAYS CODE. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY" OF 5 SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. Findings. The Mayor and Common Council herebv find: 7 A. That if any lot or parcel of land upon which there is an unpaid 8 assessment represented by bonds issued pursuant to an Assessment District is 9 divided, the respective assessment must be apportioned to each separate part 10 of the original lot or parcel of land according to Section 8740 et seq of the 11 California Streets and Highways Code. 12 B. That it is necessary for the legislative body to fix a fee for 13 such apportionment according to Code and that such fees or portions therof, 14 after first being deposited in the treasury , may be paid to outside 15 Consultants for performing the necessary tasks related to such apportionment. 16 C. By amendment to this Resolution, the fee fixed by this 17 Resolution may be changed as the actual costs for performing such necessary is tasks should change. 19 SECTION 2. Implementation_. That the fee for processing the 20 application for reapportionment of assessments shall be as follows: . 21 For Tract Map apportionment (5 final parcels or more) per 22 Chapter 2, Section 66426 of the Subdivision Map Act, a fee of 23 52,250.00 per subdivisions/tract map plus 525.00 per final 24 parcel is required. 25 26 27 28 11-29-93 RESOLUTION ESTABLISHING ASSESS. REAPPORTIONMENT FEES. 1 For Parcel Map apportionment (4 final parcels or less) per 2 Chapter 2, Section 66426 of the Subdivision Map Act, a flat fee 3 of 51,100.00 per apportionment is required. 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the 5 Mayor and Common Council of the Cite of San Bernardino at a 6 meeting thereof, held on the day of 1993, by the 7 following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN 9 NEGRETE 10 CURLIN 11 HERNANDEZ 12 OBERHELMAN 13 DEVLIN 14 POPE-LUDLAM 15 MILLER 16 17 City Clerk 18 The foregoing resolution is hereby approved this day of 19 1993. 20 21 Tom Minor , Mayor Citv of San Bernardino 22 23 Approved as to form and legal content: 24 JAMES F. PENMAN, 25 City Attorney 26 L' 27 28 11-29-93 2 File No. 14.40-Gen. CITY OF SAN BERNk_ :DINO - REQUEST F( .1 COUNCIL ACTION From: ROGER G. HARDGRAI-E, Director Subject: Resolution EstabliShin-, Fees De, for processing applications Public Works/Engineering for reapportionment of Assessments. (Bond Issues) Date: No 29, 1993 Synopsis of Previous Council action: None Recommended motion: Adopt the Resolution. cc: Shauna Clark, Citv Administrator Barbara Pachon, Director of Finance Jim Penman, City Attorney S? nat Contact person: Verne Nadeau _ Phone: 384-5026 Supporting data attached: Staff Report _Ward: All FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) None (Acct. Description) Finance: Co, Notes: } 75-0262 Agenda Item No. CITY OF SAN BERN IDINO - REQUEST F R COUNCIL ACTION STAFF REPORT Pursuant to Section 8730 et seq of the California Streets and Highways Code, it is necessary for the Mayor and Common Council to set fees for the applications for reapportionment of assessments under our bonded Assessment Districts to include the costs for preparing the amended assessment, the notices and the amended assessment diagram map. These fees are to be paid up-front by the owner(s) of the land involved. If any parcel of land lying within the boundaries of one of our Bonded Assessment Districts should be divided into smaller parcels or a group of smaller parcels should be combined into one larger parcel , then it is necessary to reapportion the assessment which exists on the original parcel(s) into separate assessments for each of the new parcels. There is a strict procedure for such reapportionment which are set out in Section 8730 et seq of the Streets and Highways Code which must be followed . This procedure takes considerable time and effort on the part of the City Clerk, Finance and Public Works Departments. The reapportionment of assessments for all of the City's present 33 active Districts which are not Bonded issues are done by the staff of the Real Property Section of the Public Works Department and would not be affected by this procedure. There are outside Firms who provide this reapportionment service, one being Muni Financial Services Inc . who are presently preparing the annual assessment rolls on all of our Assessment Districts for which Bonds have been sold. Due to the short staffing on the part of the involved City Departments, it is recommended that Muni Financial be selected to provide these services as it would be more convenient and expeditious to deal with a single Firm than coordinate the work of different firms. Therefore we recommend that the fees set/charged be equivalent to those charges by Muni .Financial plus City handling charges to total at $2,250.00 per Tract Map plus 525.00 per final parcel and a flat fee of $1,100.00 for Parcel Maps and that the Resolution be adopted. Attached for vour information is a copy of the fee schedule for Muni Financial Services for these services . The difference between the fees stated in this backup and the fees shown on Muni's schedule are estimated costs borne by the City for processing/handling. 7 5-02 64 HL I CL _ - - - - - - -' - - - -� - - - - -NM City of San Bernardino CFD and Assessment District Administration Agreement Page 5 The following services are available to compliment the administration consulting services described above and may be provided at the discretion of the Finance Director. B. Delinquency and Judicial Foreclosure Services (Paid by delinquent property owner) Delinquency Reminder Letter $30.00 Delinquency Demand letter 50.00 Effect Removal from Tax Roil 70.00 All Subsequent Foreclosure Services Hourly Rate C. Assessment Apportionment Services (Paid for by property owner) Apportionment and Amended Assessment Diagram: Parcel Map (4 parcels or less)` $950 Tract / Subdivision Map (5 parcels or more)* $1,950 + $25 per parcel per Chapter 2, Section 66426 of the Subdivision Map Act D. Arbitrage Rebate Calculations Initial Report Per Bond Issue: $2.000 Updates Per Bond Issue (less than 6 issues): 1,500 Updates Per Bond Issue (6 issues or more): 1,250 Additional fees may be charged for identification and separation of commingled funds, allocation of investment earnings, analysis of transferred proceeds associated with advanced refundings, and recalculation of bond yield as required for variable rate issues. These services will be provided at our then current hourly consulting rates. CITY OF SAN -'ERNARDINO - " 1EMORANDUM To RACHEL CLA-RK, Cit1 C1erl: From ROGER HARDGRaVE, Dir. of Pub.Wks/City Engr. pert Publishing of a Resolution Establishing Date December 9, 1993 Fees for Assessment Apportionment File No. 14.40-Gen. Approved Date Relative to establishing fees for the apportionment of assessments under the provisions of the 1913/13 Act, a Resolution will appear on the December 20, 1993 Council ,agenda. The Resolution will be carried over to allow for proper publication and notice . It is requested that the Resolution be published in the Sun- Telegram once on December 27, 1993 and once on January 3, 1994 and charge to Work Order \o. 1462, Account No. 251-998-53925. w rn rn ROGER G. HARDGRAVE c= c Director of Public Works/Cit-v Engineer / o w VERNE J. ?vADEAli � rn Real Property Supervisor T VV:vn Sandra Medina 1 RESOLUTIO' N0. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING FEES FOR PROCESSING .APPLICATIONS FOR REAPPORTIONMENT OF ASSESSMENTS RELATIVE TO ASSESSMENT 3 DISTRICT BONDS PURSUANT TO SECTION 8740 ET SEQ OF THE CALIFORNIA STREETS AND HIGH'HAYS CODE. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 5 SAN BERNARDINO AS FOLLOWS: 6 SECTION 1 . Findings . The Mayor and Common Council hereby find: 7 A. That if any lot or parcel of land upon which there is an unpaid 8 assessment represented by bonds issued pursuant to an .Assessment District is 9 divided, the respective assessment must be apportioned to each separate part 10 of the original lot or parcel of land according to Section 8740 et seq of the 11 California Streets and Highways Code. 12 B. That it is necessary for the legislative body to fix a fee for 13 such apportionment according to Code and that such fees or portions therof, 14 after first being deposited in the treasury, may be paid to outside 15 Consultants for performing the necessary tasks related to such apportionment. 16 C. By amendment to this Resolution, the fee fixed by this 17 Resolution may be changed as the actual costs for performing such necessary 18 tasks should change. 19 SECTION 2. Implementation. That the fee for processing the 20 application for reapportionment of assessments shall be as follows: . 21 For Tract Map apportionment (5 final parcels or more) per 22 Chapter 2, Section 664268 of the Subdivision Map Act, a fee of 23 52, 250.00 per subdivisions/tract map plus S25.00 per final 24 parcel is required. 25 26 27 28 11-29-93 RESOLUTION ESTABLISHING ASSESS. REAPPORTIONMENT FEES. 1 For Parcel Nap apportionment (4 final parcels or less) t)er 2 Chapter 2, Section 66426 of the Subdivision Map Act , a flat fee 3 of 51 , 100.00 per apportionment is required. 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the 5 Mavor and Common Council of the Citv of San Bernardino at a 6 meeting thereof, held on the day of 1993, by the 7 following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN 9 NEGRETE 10 CURLIN 11 HERNANDEZ. 12 OBERHELMAN 13 DEVLIN 14 POPE-LUDLAM 15 MILLER 16 17 City Clerk 18 The foregoing resolution is hereby approved this day of 19 1993. 20 21 Tom Minor , "savor Citv of San Bernardino 22 23 Approved as to form and legal content: 24 JAMES F. PENMAN, 25 City Attorney 26 By: 27 28 11-29-93 2