The URL can be used to link to this page

Home My WebLink AboutMINUTES - 07301985 - 1.19 .J 1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on July 30, 1985, by the following vote: AYES: Supervisors Powers , McPeak, Torlakson ar_d Fanden NOES: None ABSTAIN: Sunervisor Schroder SUBJECT:. Adopting a Drainage Fee Credit and Reimbursement Policy and Approving a Drainage Area Agreement for Flood Control Drainage Area 52C, Brentwood Area The Chief Engineer has recommended that the Board of Supervisors adopt the attached Drainage Fee Credit and Reimbursement Policy and approve a Drainage Area Agreement for Drainage Area 52C. The Drainage Fee Credit and Reimburse- ment Policy ensures equal treatment of property owners in the area and establishes reimbursement criteria and procedures. The Agreement provides . for City of Brentwood, County and District cooperation in administering, collecting, and accounting of drainage fees required by the Drainage Fee Ordinance for Drainage Area 52C, acquisition of project right-of-way, and for maintenance of the completed drainage facilities. IT IS BY THE BOARD ORDERED, as the Board of Supervisors of Contra Costa County and as the governing body of the Contra Costa County Flood Control and Water Conservation District, that said Drainage Area Agreement is APPROVED, and the Chairman is AUTHORIZED to execute the agreement on behalf of the District and the County for Drainage Area 52C. 1 hereby certify tha:'this Is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: JUL .1985 PHIL BATCHELOR, Clerk of the Board of Supervisors and county Administrator A. By , Deputy BO:DAAgmt.PolicyMaster.52C.t7 Attachments Orig. Dept. : Public Works - FCP cc: County Administrator County Auditor/Controller Public Works Department Flood Control Planning Accounting City of Antioch e• DRAINAGE FEE CREDIT AND REIMBURSEMENT POLICY DRAINAGE AREA 52C The following policy adopted on July 30, 1985 by the Board of Super- visors, as the governing body of the Contra Costa County Flood Control and Water Conservation District, shall be used in the administration of the Contra Costa County Flood Control and Water Conservation District Drainage Fee Ordinance No. 84-38 for Drainage Area 52C. I. GENERAL A. Developers installing drainage facilities shown on the adopted drainage plan may be eligible for credit against the required drainage fees and for reimbursement of costs in excess of the drainage fees * The amount of credit or reimbursement shall be limited to the summation of the following eligible costs. 1. Actual in-tract and off-tract construction costs plus a fixed amount of 7% of the in-tract construction cost and 14% of the off-tract construction cost for allowance of miscellaneous developer's costs, including contract preparation, engineering, bonding, etc. 2. Actual public agency project inspection fees. 3. Actual off-tract utility relocation costs. 4. Purchase price for the off-tract right of way acquired by the District and paid for by the developer, provided the developer does not have a beneficial interest in the off-tract property. B. The determination of construction costs that will be eligible for credit or reimbursement will be based on at least three independent bids for the drainage facilities work. The developer shall submit said bids to the District for review and concurrence. Upon District concurrence with the bids, the lowest bid shall be the basis for determination of the credit and reimbursement amount. The District reserves the right to reject the developer's bids or any other proposed value of said eligible costs and to calculate said costs using then current prices. C. If the developer elects to install a more costly drainage system than shown on the adopted plan, the District reserves the right to calculate said eligible costs using the then current prices - for only the facility shown on the adopted plan. II. CREDIT POLICY The developer is eligible to receive credit for the construction of drainage facilities up to an amount equal to the required drainage fee computed in conformance with Drainage Fee Ordinance 84-38 for Drainage Area 52C and Section I above. III. REIMBURSEMENT POLICY A. Where the amount of said eligible costs exceed the drainage fee due, the developer, upon entering into a reimbursement agreement .with the District, shall be eligible for a percentage reimbursement on the amount of the eligible costs determined by Section I above, in.,excess of the drainage,fee due as follows. `Group A: 100 % (One Hundred Percent) for off-tract work. Group B: 50% (Fifty Percent)- for in-tract work. . 1 w Prior to the application of the above percentages, the eligible costs in excess of the drainage fee due shall be prorated between Group A and B in the same proportion as the total eligible costs for Group A and 8 are to the total eligible costs. B. The reimbursement shall be subject to the following limitations; 1. Reimbursements shall be paid only from drainage fees collected under Ordinance No. 84-38. 2. If more than one reimbursement agreement is in effect, the reimbursement payments to each developer shall be based on the ratio of the developer's outstanding balance to the total outstanding balance of all agreements. 3. The District reserves the right to utilize only eighty (80) percent of the fees collected annually, on a fiscal year basis, for the purpose of making reimbursement payments. 4. Reimbursement payments shall be made quarterly, except that, during any quarter the District reserves the right not to make said payments if the amount of available funds to be disbursed is less than $5,000, and the total outstanding balance (reimburse- ments owed to all parties) is greater than $5,000. 5. Reimbursement agreements shall remain in effect for 40 annual quarters. The first quarter shall be the one following the quarter in which the County accepts the drainage facilities installed as complete. Any outstanding balance owed at the end of the 40 quarters shall be waived by the developer. IV. EXAMPLE Attached hereto as Exhibit A, and made a part hereof, is an example illustrating the implementation of the Credit Policy (Section II) and the Reimbursement Policy (Section III). . r 7i EXHIBIT 'A" DRAINAGE FEE CREDIT AND REIMBURSEMENT IMPLEMENTATION DRAINAGE AREA 52C EXAMPLE 1 A. ASSUMPTION 1. Gross area of subdivision: 20 acres 2. Subdivision has 45 lots: 40 lots are less than 1/2 acre in size; 5 lots are eacn 2 'acres in size. 3. The eligible off-tract costs (Group .A) are $100,000. (Policy section I.A.) 4. The eligible in-tract costs (Group B) are $50,000. (Pol .Sec.I.A.) B. FACT 1. Fee per acre: $9,820 (Ordinance Section VIII) 2, Area falling within the public street right of way prior to land being subdivided: 1 1/2 acre (Ordinance Section IX.3) 3. Area of maximum payment for each residential lot: one-half (1/2) acre (Ordinance Section IX.3) 4. Reimbursement of off-tract (Group A) excess cost is 1009. (Policy Section III.A.) 5. Reimbursement of in-tract (Group B) excess cost is 509. (Policy Section III.A.) C. CALCULATION OF AREA (ACRES) SUBJECT TO PAYMENT OF FEE Area in Acres = (Gross area of Subdivision) - (Area of existing street right of way) - (Area exceedin 1/2 acre on all residen- tial lots larger than 1/2 acre = (20 Acres) - (1 1/2 Acres) - (5 lots)(2 acres - 1/2 acre) = 11.0 Acres D. FEE CALCULATION _--_ Fee Due = (Area subject to fee) x (Fee per Acre) = 11.0 acres x $9,820 _ $108,020. E. CALCULATION OF REIMBURSEMENT Eligible Costs Group A $100,000.00 Eligible Costs Group B 50,000.00 �. Total Eligible Costs $150,000.00 Less Fee Due -108,020.00 Total Reimbursement $ 41,980.00 Ratio of Group A, Group B to total Eligible Costs (Policy Section Group A = $100,000/$150,000 = 2/3 Group B = $$50,000/$150,000 = 1/3 Therefore the excess is pro-rated 2/3-to Group A and 1/3 to Group B. Group A Reimbursement = (1009) ($41,980)(2/3) = $27,986.67 Group B Reimbursement = ( 509) ($41,980)(1/3) = $ 6,996.67 TOTAL AMOUNT OF REIMBURSEMENT WOULD BE $34,98____83.34_ SM:BC * DA52CFEEPOL