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HomeMy WebLinkAboutMINUTES - 12061983 - 1.14 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on December 6, 1983 , by the following vote: AYES: Supervisors Powers, Fanden, McPeak, Torlakson, Schroder NOES: None ABSENT: None ABSTAIN: None SUBJECT: Adoptng a Drainage Fee Credit and Reimbursement Policy for Flood . Control Drainage Area 29J, Antioch Area. The Public Works Director has recommended that the Board of Supervisors adopt the attached Drainage Fee Credit and Reimbursement Policy to ensure equal treatment of property owners and to facilitate the administration of the drainage fees collected in Drainage Area 29J. IT IS BY THE BOARD ORDERED, as governing body of the Contra Costa County Flood Control and Water Conservation District, that the Drainage Fee Credit and Reimbursement Policy is adopted for Drainage Area 29J. I hereby certify thst this Is a true and correct copy of an action taken and entered on the minutes of the Dowd of Superrisorr,on the date shown. ATTESTED: . ,,— 6 /g8,2 J.R. OLSSON, COUNTY CLERK and ex oflscio Clerk of the Board By ,Deputy Orig.Dept.: Public Works Department, Flood Control Planning cc: County Agministrator County Auditor-Controller Public Works Department Flood Control Planning Accounting Division Land Development Division fc.da29Jbo.t11 I 022 DRAINAGE FEE CREDIT AND REINBURSE14ENT POLICY L DRAINAGE AREA 29J (ANTIOCH) The following policy adopted on /1 8 15.1 by the Board of Supervisors, as the governing body of the Ciontra 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 Ordin nce No. 83-23 for Drainage Area 29J. I. GENE 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 o � 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 0r any other proposed value of said eligible costs and to calculate said costs using then current prices. C. I� 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 drainafge facilities up to an amount equal to the required drainage fee computed in conformance with Drainage Fee Ordinance 83-23 for Drainage Area 9J and Section I above. III. REIMB RSEMENT POLICY A. Zre the amount of said eligible costs exceed the drainage fee , 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: G oup A: 100 % (One Hundred Percent) for off-tract work. G oup B: 50% (Fifty Percent) for in-tract work. 1 023 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 B are to the total eligible costs. B. The reimbursement shall be subject to the following limitations: 1. Rieimbursements shall be paid only from drainage fees collected under Ordinance No. 83-23. 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) . 2 024 DRAINAGE FEE CREDIT AND REIMBURSEMENT IMPLEMENTATION DRAINAGE AREA 29J EXAMPLE 1 A. ASSUMPTION 1. Development is creating 70 residential sites having lot areas between 71,000-7,999 square feet and 60 patio homes sites having lot areas between 3,000-3,999 square feet. 2. The eligible off-tract costs (Group A) are $100,000. (Policy Section I.A.) 3. The eligible in-tract costs (Group B) are $50,000. (Policy Section I.A.) B. FACT 1. Fee for 7,000-7,999 square foot lots is $1,455. (Ordinance Section VII) 2. Flee for 3,000-3,999 square foot lots is $660. (Ordinance Section VII) 3. Reimbursement of off-tract (Group A) excess cost is 100%. (Policy Section III.A. ) 4. Reimbursement of in-tract (Group B) excess cost is 50%. (Policy Section III.A.) C. FEE CALCULATION Fee Due = (70 lots x $1,455/lot) + (60 lots x $660/lot) Fee Due = $101,850 + $39,600. Fee Duel l = $141,450. D. CALCULATION OF REIMBURSEMENT Eligib�e Costs Group A $100,000. Eligible Costs Group B 50,000. Total Eligible Costs $150,000. Less Fee Due 141,450. 8,550. Ratio of Group A, Group B to total Eligible Costs (Policy Section III.A.): Group _ $100,000 2 Group B _ $50 000 1 $15000 _J50, 00 3 Therefore, the excess is prorated to Group A and to Group B. Group A Reimbursement = (100%) ($8,550) ( ) _ $5,700.00 Group B Reimbursement = (50%) ($8,550) (3) 1,425.00 Total Amount of Reimbursement would be $7,125.00 DA29J.T10 3 EXHIBIT A 025 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on December 6, 1983 , by the following vote: AYES: Supervisors Powers , Fanden, McPeak, Torlakson, Schroder NOES: None ABSENT: None ABSTAIN: None i SUBJECT: Adopting a Drainage Fee Credit and Reimbursement Policy for Flood Control Drainage A{ ea 29G, Antioch Area. The Public Works Director has recommended that the Board of Supervisors adopt the attached Drainage Fee Credit and Reimbursement Policy to ensure equal treatment of property owners and to facilitate the administration of the drainage fees collected in Drainage Area 29G. IT IS BY THE BOARD ORDERED, as governing body of the Contra Costa County Flood Control and Water Conservation District, that the Drainage Fee Credit and Reimbursement Policy is adopted for Drainage Area 29G. I hereby certify that this Is a true and correct copy of an actfon taken and entered on the minutes of the Board of Superei ors on the date shown. ATTESTED: eL�-_6, )98 3 J.R. Of.SSOft, COUNTY CLERK and ex officlo Clerk of the Board B Deputy Y Orig.Dept.: Public Works Department, Flood Control Planning cc: County Administrator County Auditor-Controller Public Works Department Flool Control Planning Accounting Division Land Development Division fc.da29Gbo.t11 026 DRAINAGE FEE CREDIT AND REIMBURSEMENT POLICY DRAINAGE AREA 29 G (ANTIOCH) The following policy adopted on L. - G , / Q F 3 by the Board of Supervisors, 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. 83-21 for Drainage Area 29G. 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 o;ff-tract construction cost for allowance of miscellaneous developer's costs, including contract preparation, engineering, bonding, etc. 2. �ctual 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 83-21 for Drainage Area 29GI 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: Grop A: 100 % (One Hundred Percent) for off-tract work. Group B: 50% (Fifty Percent) for in-tract work. 1 027 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 B 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. 83-21. Z. 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 loutstanding 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 ) . 028 2 DRAINAGE FEE CREDIT AND REIMBURSEMENT IMPLEMENTATION b DRAINAGE AREA 29G EXAMPLE 1 A. ASSUMPTION 1. Development is creating 70 residential sites having lot areas between 7,000-7,999 square feet and 60 patio homes sites having lot areas between 3,000-3,999 square feet. 2. Theeligible off-tract costs (Group A) are $100,000. (Policy Section I.A. i 3. The leligible in-tract costs (Group B) are $50,000. (Policy Section I.A.) B. FACT 1. Fee for 7,000-7,999 square foot lots is $1,310. (Ordinance Section VII) 2. Fee for 3,000-3,999 square foot lots is $595. (Ordinance Section VII) 3. Rei bursement of off-tract (Group A) excess cost is 100%. (Policy Section III.A. ) 4. Reimbursement of in-tract (Group B) excess cost is 50%. (Policy Section III.A.) C. FEE CALCULATION Fee Due = (70 lots x $1,310/lot) + (60 lots x $595/lot) Fee Due = $91,700 + $35,700. Fee Due = $127,400. D. CALCULATION OF REIMBURSEMENT Eligible Costs Group A $100,000. Eligible Costs Group B 50,000. Total Elligible Costs T1150,000. Less Fee Due 127 400. 22,600. Ratio of Group A, Group B to total Eligible Costs (Policy Section III.A. ): Group A = $100 000 __ 2 Group B = $50 000 1 $150,000 3 50,000 3 Therefore, the excess is prorated3 to Group A and 3 to Group B. Group A Reimbursement = (100%) ($22,600) (3) _ $15,066.67 Group B Reimbursement = (50%) ($22,600) (3) = 3,766.67 TotalAmount of Reimbursement would be $18,833.34 DA29G.T10 3 EXHIBIT A 0 2 9 � c,fL: THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA 1 Adopted this Order o December 6 1983I , by the following vote: AYES: Superv, sors Powers, Fanden, McPeak, Torlakson, Schroder NOES: None ABSENT: None ABSTAIN: None SSU JE�� Adoptiing a Drainage Fee Credit and Reimbursement Policy for Flood on ro rainageArea 29H, Antioch Area. The Public Works Director has recommended that the Board of Supervisors adopt the attached Drainage Fee Credit and Reimbursement Policy to ensure equal treatment of property owners and to facilitate the administration of the drainage fees collected in Drainage Area 29H. IT IS BY THE BOARD ORDERED, as governing body of the Contra Costa County Flood Control and Water Conservation District, that the Drainage Fee Credit and Reimbursement Policy is adopted for Drainage Area 29H. I hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Beard of Superrisorra on the date shown. ATTESTED: J.R. OLSS0,N, COUNTY CLERK and ex officio Clerk of the Board By Deputy Orig.Dept.: Public Works Department, Flood Control Planning cc: County Administrator County Auditor-Controller Public Works Department Flood Control Planning Accounting Division Land Development Division fc.da29Hbo.t11 0 0 R DRAINAGE FEE CREDIT AND REIMBURSEMENT POLICY DRAINAGE AREA 29H (ANTIOCH) The following policy adopted on aNyti / F 8'3 by the Board of Supervisors, 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. 83-22 for Drainage Area 29H. I. GENERAL A. Develiopers 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 unt 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 dev�loper 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 83-22 for Drainage Area 29H 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: Gro p A: 100 % (One Hundred Percent) for off-tract work. Group B: 50% (Fifty Percent) for in-tract work. 1 031 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 B 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. 83-22. 2. If more than one reimbursement agreement is in effect, the re1mbursement 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. Th� 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 Eid payments if the amount of available funds to be disbursed less than $5,000, and the total outstanding balance (reimburse- is 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 entl 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 ) . 032 2 f DRAINAGE FEE CREDIT AND REIMBURSEMENT IMPLEMENTATION DRAINAGE AREA 29H EXAMPLE 1 A. ASSUMPTION 1. Development is creating 70 residential sites having lot areas between 7,000717,999 square feet and 60 patio homes sites having lot areas between 3,000-3,999 square feet. 2. IThe eligible off-tract costs (Group A) are $100,000. (Policy Section .A.) 3. The eligible in-tract costs (Group B) are $50,000. (Policy Section I.A.) B. FACT 1. Fee for 7,000-7,999 square foot lots is $1,310. (Ordinance Section VII) 2. Fee for 3,000-3,999 square foot lots is $595. (Ordinance Section VII) 3. Reimbursement of off-tract (Group A) excess cost is 100%. (Policy Section III.A. ) 4. Reimbursement of in-tract (Group B) excess cost is 50%. (Policy Section III.A.) C. FEE CALCULATION Fee Due = (70 lots x $1,310/lot) + (60 lots x $595/lot) Fee Due = $91,700 + $35,700. Fee Due = $127,400. D. CALCULATION OF REIMBURSEMENT Eligible Costs Group A $100,000. Eligible 'Costs Group B 50,000. Total Eligible Costs 3150,000. Less Fee Due 127 400. 22,600. Ratio of Group A, Group B to total Eligible Costs (Policy Section III .A. ) : Group A _ $100000 _ 2 Group B = $50 000 = 1 $T5_10,000 - 3 50,000 3 Therefore, the excess is prorated to Group A and to Group B. Group A eimbursement = (100%) ($22,600) (3) _ $15,066.67 Group B :eimbursement = (50%) ($22,600) (3) = 3,766.67 Total Amount of Reimbursement would be $18,833.34 DA29H.T10 3 EXHIBIT A 033