HomeMy WebLinkAboutMINUTES - 06092009 - C.18RECOMMENDATION(S):
APPROVE and AUTHORIZE the Chief Engineer, or designee, to execute an amendment to
the May 25, 1993, Reimbursement Agreement between the Danville Land and Development
Company, LLC (DLDC) and the Contra Costa County Flood Control and Water
Conservation District (FC District), effective June 9, 2009, replacing the 1989 Drainage
Area Credit and Reimbursement Policy with the Amended Drainage Area Credit and
Reimbursement Policy, adopted in 1999, Bay Point area.
FISCAL IMPACT:
No impact to county general fund. There will be a slight fiscal impact from the proposed
amendment on the accrual of interest for an existing Drainage Area 48B (DA 48B)
revolving fund loan. Any reimbursement to DLDC under the May 25, 1993, Reimbursement
Agreement, will be made from DA 48B funds, which are collected pursuant to FC District
Ordinance No. 86-42.
BACKGROUND:
DLDC was required to construct a portion of the drainage facilities shown
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 06/09/2009 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Susan A. Bonilla, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Tim Jensen (925)
313-2390
I hereby certify that 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: June 9, 2009
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: EMY L. SHARP, Deputy
cc:
C.18
To:Contra Costa County Flood Control District Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:June 9, 2009
Contra
Costa
County
Subject:Approve Amendment to Reimbursement Agreement with Danville Land and Development Company, LLC
for Drainage Area 48B Improvements. Project # 7574-6D8718
BACKGROUND: (CONT'D)
on the drainage plan for DA 48B as a condition of approval for Subdivision 6531. DLDC
installed additional drainage facilities, to assist the FC District in completing DA 48B
facilities upstream of the subdivision. The cost to construct these facilities exceeded the
required drainage fees paid by DLDC by $70,440.80. On May 25, 1993, DLDC and the
FC District entered into a Reimbursement Agreement (Agreement) with respect to these
costs. On October 14, 1997, the FC District authorized a partial reimbursement to DLDC
for $28,485.90, leaving a remaining reimbursement amount of $41,954.90. DA 48B now
has adequate funds to pay the remaining balance.
Reimbursement pursuant to the Agreement is controlled by the terms and conditions of
the Drainage Area Credit and Reimbursement Policy that was in effect at the time the
Agreement was executed (Policy). Under the Policy, the FC District is required to make
payments on subsequent loans from the FC District’s Revolving Fund together with
reimbursements. The Policy, however, was amended in 1999 (“Amended Policy”), and
the Amended Policy does not require reimbursements to be coupled with loan payments.
The proposed amendment to the Agreement would replace the older Policy with the
Amended Policy, and thus the Agreement would be controlled by the terms and
conditions of the Amended Policy. Reimbursements made to DLDC pursuant to the
proposed amendment will not affect the FC District’s repayment of existing Revolving
Fund loans. Staff recommends that the Board amend the Agreement as proposed.
CONSEQUENCE OF NEGATIVE ACTION:
The Agreement will not be amended to include the current Amended Policy, which may
affect reimbursement to DLDC.
ATTACHMENTS
Amendment No. 1