HomeMy WebLinkAboutMINUTES - 12152009 - C.5RECOMMENDATION(S):
APPROVE and AUTHORIZE execution of Joint Exercise of Powers Agreement for the
Maintenance of the Diablo Vista Middle School Playfields (“JEPA”) with the Town of
Danville and the San Ramon Unified School District, as recommended by the Public Works
Director in the form attached hereto as Exhibit 1.
FISCAL IMPACT:
There will be no impact on the General Fund. Funds that the County would be required to
distribute to the San Ramon Unified School District pursuant to the JEPA are derived from
assessments paid by property owners in certain subdivisions in the Danville area. County
administrative staff costs are also funded with these assessment revenues. {Project No.
7843-6X5237, Countywide Landscape and Lighting District AD1979-3 (LL-2), Zone 71
Funds}
BACKGROUND:
In 2002, the County approved and certified a final environmental impact report for the
Alamo Creek and Intervening Properties/Remaining Intervening Properties projects
(collectively known as the “Integrated Project”), involving the development of 1,396 units
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/15/2009 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: T. Rie - 3-2363
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: December 15, 2009
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: EMY L. SHARP, Deputy
cc: D. Favero, Engineering Services, T. Rie, Flood Control,, W. Quever, Finance,, S. Cohen, Special Districts,
C. 5
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:December 15, 2009
Contra
Costa
County
Subject:Approve and Authorize the execution of Joint Exercise of Powers Agreement with the Town of Danville and
San Ramon Unified School District
BACKGROUND: (CONT'D)
in three subdivisions along Camino Tassajara near Danville. Shortly thereafter, the Town
of Danville (“Danville”) filed a lawsuit challenging the County’s approval of the
Integrated Projects under the California Environmental Quality Act. The following year,
Danville again sued, alleging the County’s approval of the Integrated Project violated a
1994 settlement agreement concerning the 11,000-unit Dougherty Valley project south of
Danville. In 2004, the County, Danville and developers Windemere BLC Land Company,
Contra Costa RE Investors, LLC, successor in interest to Braddock & Logan Group II,
L.P. (“Braddock”) Shapell Industries, Inc. (“Shapell”), and Ponderosa Homes, II, Inc.
(“Ponderosa”), entered into a Comprehensive Agreement to Settle Litigation (“Settlement
Agreement”) to resolve these lawsuits.
The Settlement Agreement dealt primarily with traffic, childcare and park issues. Among
other things, the Settlement Agreement required developers Braddock, Shapell and
Ponderosa to use diligent and good faith efforts to cause the imposition of a $75 annual
assessment on Integrated Project property owners to be used to maintain 15 acres of
playfields at Diablo Vista Middle School Playfields (“Playfields”) to Danville’s playfield
standards. Pursuant to this requirement, the County conducted an assessment ballot
proceeding in 2005 on the proposed formation of a new zone, Zone 71, of Countywide
Landscape and Lighting District AD 1979-3 (LL-2), and imposition of a $80 annual
assessment, to include the $75 for the Playfields maintenance and an additional $5 for the
County’s administrative and engineering costs. All of the ballots cast were in favor of the
proposal, and the County began collecting the assessments on the Fiscal Year 2005-2006
tax roll. As of June 2009 approximately $169,000 has been collected.
The Settlement Agreement required the County to make the assessment revenues
intended for the maintenance of the Playfields (“Additional Maintenance Funding”) to
Danville or, at Danville’s request, to the San Ramon Unified School District (“District”).
In the proposed JEPA among the County, Danville, and the District, Danville would
assign its right to receive the Additional Maintenance Funding to the District. The
proposed JEPA would then set up a mechanism by which the County would disburse the
Additional Maintenance Funding directly to the District.
In return for receipt of the Additional Maintenance Funding, the District would be
obligated to spend the maintenance funding only for the purpose for which it was
collected, i.e., the maintenance of the Playfields to Danville’s standards, as opposed to
the baseline maintenance that would otherwise be provided by the District. Attachment A
to the JEPA sets forth Danville’s standards, referred to in the attachment as “Additional
Maintenance.” Danville’s standards generally require a higher frequency of mowing,
weeding, irrigation repair, fertilization, rodent control, etc., than the District’s baseline
maintenance standards.
The JEPA would require the County to disburse the Additional Maintenance Funding to
the District twice per year, on January 15 and May 15. The JEPA would also require the
District to report to the County and Danville annually by March 30 as to the District’s
collection and expenditures of, and interest earned on the Additional Maintenance
Funding. Additionally, all parties would be required to indemnify each other for
liabilities arising from their own actions in performing their respective obligations under
the Agreement.
CONSEQUENCE OF NEGATIVE ACTION:
If the JEPA is not approved, the County would retain the Additional Maintenance
Funding and the District would be unable to use these funds to maintain the Playfields to
Danville’s standards, contrary to the intent of the Settlement Agreement.
ATTACHMENTS
JEPA