HomeMy WebLinkAboutAgenda Report - July 20, 2005 E-12AGENDA ITEM Lrowl7w
CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: Adopt Resolution Authorizing the City Manager to Execute an Addendum to
the Original Agreement with NBS Government Finance Group to Provide
Formation and Annexation Services for 1972 Landscape and Lighting Districts
MEETING DATE: July 20, 2005
PREPARED BY: Public Works Director
RECOMMENDED ACTION: That the City Council adopt a resolution authorizing the
City Manager to execute an addendum to the original agreement
with NBS Government Finance Group to provide formation and
annexation services for 1972 Landscape and Lighting Districts.
BACKGROUND INFORMATION: The City has an existing agreement with NBS/Lowry, Inc. (now NBS
Government Finance Group) approved by Council on April 17, 1996,
to provide administrative and related services for 1915 Act
Assessment Districts.
Public Works Department staff is currently processing six residential projects that are required, as
a condition of tentative map approval, to provide for on-going maintenance and replacement of certain
public improvements to be constructed with those projects and a prorated share of public park land in
conformance with Resolution No. 2003-250 approved by the City Council on December 17, 2003. The
improvements vary by project but include masonry reverse frontage walls, landscaping and irrigation
improvements, and street trees in the parkways. The developers of the various projects have elected to
annex to the existing Lodi Consolidated Landscape and Maintenance District 2003-1 to meet this
requirement.
NBS has provided an addendum to the original agreement that will allow NBS to provide formation and
annexation services for 1972 Landscape and Lighting Districts, including the Lodi Consolidated
Landscape and Maintenance District 2003-1. The addendum applies to the projects currently in process,
as well as future projects that will be annexed. A copy of the addendum is attached as Exhibit A. Staff
recommends that Council adopt a resolution authorizing the City Manager to execute the addendum.
The cost of the formation and annexation services will be paid by the developers.
FISCAL IMPACT: None. Annexation costs are paid by the developer.
FUNDING AVAILABLE: Not applicable.
�a -
Richard C. Prima,
Public Works Directo
Prepared by Sharon A. Welch, Senior Civii Engineer
RCP/SAW
Attachment
cc: Senior Civil Engineer Welch
NBS Government Finance Group, Attn: Tim Seufert
APPROVED:
Blair King, ' anager
f:IDEV_SERV1LandscapeDistrict\CAnnexation Services 2005.doc 7/812D05
EXHIBIT
N!B S
Local Government Solutions
May 9, 2005
Mr. Wally Sandelin
City Engineer
Department of Public Works
City of Lodi
300 West Pine Street
Lodi, CA 95240
Subject: Addendum to Original Agreement to Provide Formation and Annexation
Services for 1972 Act Landscape and Lighting Districts.
Dear Wally:
As we discussed, we are forwarding this Addendum to you to provide formation and annexation services
for 1972 Act Landscape and Lighting Districts. As we discussed, we can provide a type of application
format so that the process can be smoother and more defined, and possibly create an "infill zone" as an
annexation. If each of the small developments comes in one at a time, the costs will be higher than if all
of the infill developments group together. The fees are laid out in the Fee section below. We anticipate
that the initial 47 lots in the 7 small areas will come in 2 combined waves.
Please sign both copies of this addendum and return one copy to NBS.
Scope of Service
11972 Act Annexation Services
Project Schedule. NBS will communicate with City staff, legal counsel and other interested parties to:
• Establish lines of communication.
• Clarify the specific project goals, components and criteria that will meet City preference.
• Identify and resolve any special circumstances that may be involved in the update/administration of the
districts.
• Develop project schedules to meet legal requirements and provide for effective interfacing of all
involved parties.
• Establish meeting points consistent with schedule to achieve project milestones.
• Establish and coordinate with City staff a schedule to assure completion of necessary actions and
compliance with statutes.
Parcel Database. NBS will establish a district parcel database for assessor parcels as currently shown on
the County assessor's parcel maps. The database will include land divisions, ownership and mailing
information, and parcel information relevant to the spread of the assessments.
Budget Development NBS will assist City staff in order to establish an annual district budget for the
projected costs of maintaining all future improvements. Cost categories may include, but not be limited to,
landscape and lighting maintenance, capital improvements, incidental costs (engineering, legal, city
administration), operating reserves, capital improvement reserves, and delinquency reserves.
Page 1
41661 Enterprise Circle North. Suite 225 1 Temecula. CA 92590 1 Tel: 909.296.1997 1 Toll free: 800.676.7516 I Fax: 909.296.1998
Agency Review. NBS will communicate with City staff to address issues pertaining to costs,
improvements, statute requirements and benefit received. We will provide analysis of proposed
assessments, as well as contributions to be made from the City to the districts. We will review mailed and
published legal notices, establish dates for public meeting and public hearing, if required, verify scheduling,
City approach and district requirements, and other issues related to the successful operation of the districts.
Preliminary Engineer's Annexation Report. NBS will prepare, submit and review with City staff a
Preliminary Engineer's Annexation Report, including description of improvements, plans and specifications,
cost estimate, assessment criteria, assessment roll and diagram.
Legal Notices. NBS will prepare legal notice to be mailed, as required, for compliance with the 1972 Act
and Proposition 218. We will review legal notice of public hearings to be published, as required, by the
1972 Act.
Meeting Attendance. NBS will attend up to four district related Council meetings, including the Public
Meeting and the Public Hearing, as requested by the City.
Levy Submittal. NBS will submit the levy to the County Auditor Controller in the required magnetic tape
format. Assessments rejected by the County Auditor -Controller will be researched and resubmitted for
collection on the County Tax Roll when possible.
Final Engineer's Annexation Report. NBS will prepare, submit and review with City staff a Final
Engineer's Annexation Report, including description of improvements, plans and specifications, cost
estimate, assessment criteria, assessment roll and diagram as approved by the Council.
Toll -Free Phone Number. NBS will provide a toll-free phone number for use by the City and all property
owners. Our staff will be available to answer questions regarding the annexation of the district and
ongoing collection of assessments.
Fees
11972 Act Annexation Services
1972 Act Annexation Services for existing districts ........ $5,000 (Flat fee) plus $25 per final lot
Combined Annexations ................................................$6,500 (Flat fee) plus $25 per final lot
(This assumes certain economies of scale and process efficiency.)
JAdditional Services
Following is the current hourly rate. Additional services authorized by the City will be billed at this
rate or the then -applicable hourly rate.
Title
Hourly Rate
Director
$135
Engineer
125
Senior Consultant/Programmer
110
Consultant
85
Analyst 1
65
Clerical/Support 1
45
Page 2
Fees — Additional Information
lExpensesi
Customary out-of-pocket expenses will be billed to the City at actual cost to NBS. These expenses
may include, but not be limited to travel, postage, telephone, reproduction, meals and various
County charges for tapes, maps, and recording fees.
JTermsJ
Fees for all services will be invoiced upon completion of the task. If the project is prematurely
terminated by either party, NBS shall receive payment for work completed. Payment shall be made
within 30 days of submittal of an invoice. If payment is not received within 90 days simple interest
will begin to accrue at the rate of 1.5% per month. Either party can cancel contracts with 30 days
written notice.
Please feel free to contact me if you have any questions or need further information.
Best regards,
NBS Government Finance Group,
DBA NBS
Mike Rentner
President and CEO
Title Date
211"IN
City of Lodi
Name
Title Date
Page 3
RESOLUTION NO. 2005-146
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY
MANAGER TO EXECUTE AN ADDENDUM TO ORIGINAL AGREEMENT WITH
NBS GOVERNMENT FINANCE GROUP TO PROVIDE FORMATION AND
ANNEXATION SERVICES FOR 1972 LANDSCAPE AND LIGHTING DISTRICTS
WHEREAS, the City has an existing agreement with NBS/Lowry, Inc. (now NBS
Governmental Finance Group), which was approved by the City Council on April 17, 1996, to
provide administrative and related services for 1915 Act Assessment Districts; and
WHEREAS, the Public Works Department is currently processing six residential projects
that are required, as a condition of tentative map approval, to provide for on-going maintenance and
replacement of certain public improvements to be constructed with those projects and a prorated
share of public park land in conformance with Resolution No. 2003-250 approved by the City
Council on December 17, 2003; and
WHEREAS, the improvements vary by project but include masonry reverse frontage walls,
landscaping and irrigation improvements, and street trees in the parkways; and
WHEREAS, the developers of the various projects have elected to annex to the existing Lodi
Consolidated Landscape and Maintenance District 2003-1 to meet this requirement; and
WHEREAS, NBS has provided an addendum to the original that will allow NBS to provide
formation and annexation services for 1972 Landscape and Lighting Districts, including the Lodi
Consolidated Landscape and Maintenance District 2003-1; and
WHEREAS, the addendum applies to the projects currently in process, as well as future
projects that will be annexed, with all costs of formation and annexation services to be paid by the
developers; and
WHEREAS, staff recommends that the City Council authorize the City Manager to execute
the addendum to the agreement with NBS Government Finance Group.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council hereby authorizes the
City Manager to execute an addendum of the original agreement with NBS Government Finance
Group to provide formation and annexation services for 1972 Landscape and Lighting Districts.
Dated: July 20, 2005
I hereby certify that Resolution No. 2005-146 was passed and adopted by the City Council of
the City of Lodi in a regular meeting held July 20, 2005, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Johnson, Mounce, and
Mayor Beckman
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
SUSAN J. B TKSTON
City Clerk
2005-146
CITY COUNCIL
JOHN BECKMAN, Mayor
SUSAN HITCHCOCK
Mayor Pro Tempore
LARRY D. HA.NSEN
BOBJOHNSON
JOANNE L. MOUNCE
CITY OF LODI
PUBLIC WORKS DEPARTMENT
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209)333-6706
FAX (209) 333-6710
EMAIL pwdept@lodi.gov
http:\\www.lodi.gov
July 14, 2005
NBS Government Finance Group
Attn: Tim Seufert
41661 Enterprise Circle North, Ste. 225
Temecula, CA 92590
BLAIR KING
City Manager
SUSAN J, BLACKSTON
City Clerk
D. STEVEN SCHWASAUER
City Attorney
RICHARD C. PRIMA, JR.
Public Works Director
SUBJECT: Adopt Resolution Authorizing the City Manager to Execute an Addendum to
the Original Agreement with NBS Government Finance Group to Provide
Formation and Annexation Services for 1972 Landscape and Lighting
Districts
Enclosed is a copy of background information on an item on the City Council agenda of
Wednesday, July 20, 2005. The meeting will be held at 7 p.m. in the
City Council Chamber, Carnegie Forum, 305 West Pine Street.
This item is on the consent calendar and is usually not discussed unless a
Council Member requests discussion. The public is given an opportunity to address
items on the consent calendar at the appropriate time.
If you wish to write to the City Council, please address your letter to City Council,
City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the
mail. Or, you may hand -deliver the letter to City Hall, 221 West Pine Street.
If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's
card (available at the Carnegie Forum immediately prior to the start of the meeting) and
give it to the City Clerk. If you have any questions about communicating with the
Council, please contact Susan Blackston, City Clerk, at (209) 333-6702.
If you have any questions about the item itself, please call Sharon Welch,
Senior Civil Engineer, at (209) 333-6800, extension 2659.
Richard C. Prima, Jr.
Public Works Director
RCPlpmf
Enclosure
cc: Cij CNrk
NCANNEXATION SERVICES 2005.DOC