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HomeMy WebLinkAboutMINUTES - 11061990 - 2.5 TO: BOARD OF SUPERVISORS, AS GOVERNING BOARD OF CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT FROM: J. MICHAEL WALFORD, CHIEF ENGINEER DATE: NOVEMBER 6, 1990 SUBJECT: BOARD REFERRAL - DRAINAGE AREA 101A FEE (BLACKHAWK COMMERCIAL CENTER) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION I. Recommended Action: DIRECT staff to commence proceedings to amend the Drainage Area 101A boundaryto exclude the Blackhawk Commercial Center development. II. Financial Impact: The amount of funds collected for the regional drainage detention basin will be decreased by $40,000. III. Reasons for Recommendations and Background: The development agreement for the Blackhawk Commercial Center does not expressly indicate that the Flood Control District is a parry to the Agreement. However, Harvey Bragdon, Community Development Director, has indicated in his October 29, 1990 memo that it was his department's intent that the Agreement would be also binding on the Flood Control District and all other Board-governed entities. There is also an issue as to whether Blackhawk received adequate legal notice of the drainage area formation. These issues are discussed further in the memo dated November 1, 1990 from the County Counsel to the Board. Assuming the Board agrees with the above, staff recommends that the drainage area boundary be modified to exclude the Blackhawk Commercial Center area. Before such exclusion can occur, the drainage plan must be amended and a noticed, public hearing must be held. Continued on Attachment: SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON November 6, 1990 APPROVED AS RECOMMENDED X OTHER X The Board approved the above recommendation, and in addition, directed staff to bring to the Board on November 27, 1990, gui:deli'nes for processina agreements dealing with development. VOTE OF SUPERVISORS X _ UNANIMOUS (ABSENT ) AYES: NOES. ABSENT: ABSTAIN: MFK:Iv a:bo\6.tl l 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 d to shown. Orig. Div: Public Works (AD) ATTISTEo cc: County Administrator i PHIL BATCHELOR,Clerk of the Board Auditor Controller ! of&VWVMorsandCou*Adminlstrator Director of Community Development County Counsel By PW - Flood Control David Preiss, Atty for Blackhawk Determination Item 2 . 5 COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: November 1, 1990 To: Board of Supervisors From: Victor J. Westman, County Counsel By: David F. Schmidt, Deputy County Counsel �� Re: Exemption of Blackhawk Commercial Center from Drainage Area 101A Fees On October 30, 1990, the Board continued the above matter for one week to enable this office to hold further discussions with Public Works staff and to report back to the Board on the outcome of those discussions . The main issue involves the Board's intent in approving the development agreement for the Blackhawk Commercial Center on June 4, 1985 . Section 2C(4 ) of the development agreement provides that, once the agreement is in effect, the County cannot impose additional fees on the project. The agreement language does not mention any entity other than the County. However, inasmuch as the Board also sits as the governing body of certain special districts (e.g. , Flood Control District, County Sanitation Districts, etc. ) , Blackhawk has argued that the agreement was intended to preclude additional fees by those entities, too. By memo dated October 26, 1990 (copy attached) , Harvey Bragdon, whose department principally negotiated the agreement in question, has stated that it was his department's intent that the agreement would cover all of the special districts governed by the Board (i .e. , would apply to Flood Control District drainage fees) . In the absence of the Board taking a definitive position that in 1985 it intended something else, Mr. Bragdon's memo would be persuasive as to the intent of the agreement. In addition, even if the development agreement was not intended to affect Flood Control District drainage fees, there is a further issue as to whether Blackhawk received adequate legal notice of the proposed imposition of drainage fees for Drainage Area 101A. Based upon Mr. Bragdon's recollection of what his department's intent was and what his staff communicated to Blackhawk during the 1985 negotiations, the Public Works Department is now prepared to RECEIVED,% CONTRA COSTA COUNTY ()C r 1190 COMMUNITY DEVELOPMENT DEPARTMENT :.OUNIV 14UUNSE1 MARTINEZ. CALIF TO: Board of Supervisors DATE: October 26, 1990 FROM: Harvey E. Bragdon Director of Community Development SUBJECT: Board Agenda Item 2.2, October 30, 1990 Blackhawk-Drainage Area 101A We have reviewed the development agreement between the Blackhawk Commercial Center and the County which was approved by the Board of Supervisors on June 4, 1985. At the time we were working with the applicant and County Counsel's office it was the intent that the development agreement would cover all of the special districts, agencies and authorities governed by the Board of Supervisors. In addition as Exhibit C, the Conditions of Approval for the project, which conditions included the flood control district's requirements, were included in the agreement. HEB:gg heb4:DA101A.mem cc: County Administrator County Counsel Department of Public Works Attention: Milt Kubicek Blackhawk Commercial Center c/o David Preiss, Attorney This memorandum sent via fax and interoffice mail.