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HomeMy WebLinkAboutMINUTES - 12021997 - C36 TO-:' BOARD OF SUPERVISORS FROM: J, MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: December 2, 1997 SUBJECT: INTRODUCE ORDINANCE AND APPROVE POLICY AND AGREEMENT TO PROVIDE REIMBURSEMENT TO DEVELOPERS FOR INSTALLING SUPPLEMENTAL CAPACITY STORM DRAIN IMPROVEMENTS SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: INTRODUCE Ordinance authorized by Government Code section 66485 et seq. to reimburse developers for installing supplemental capacity storm drain facilities; WAIVE reading; and FIX December 9, 1997, for adoption of Ordinance. APPROVE Reimbursement Policy and Supplemental Capacity Storm Drain Reimbursement Agreement as presented. H. Financial Impact: There is no impact to the County General Fund. All funds reimbursed to developers will be generated by subsequent development. The County will collect its administrative costs. Continued on Attachment: X SIGNA _RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON /a.-of -i99 7 APPROVED AS RECOMMENDED_OTHER VO�.E OF SUPERVISORS UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: RVF:mw G:\ENGSVC\BO\DRNORDRE.WPD t hsr tg ,es r t11at•Ut18 Is a M and correct Copy of �n action taken end entered on the minutes 0 Ute Originator: Public Works(ES) ard of$Up@rvlSOra on the�1te shown. Contact: Bob Faraone(313-2252) Bo cc: Public Works Accounting ATTESTED. �'"""'�`� oZ f 1997 Flood Control PHIL BATCHELOR,Clark a.f tho board Engineering Services of Supervisors and County Administrator County Counsel a . SUBJECT: Approve Policy and Agreement and Adopt Ordinance to provide Reimbursement to Developers for Installing Supplemental Storm Drain Improvements DATE: PAGE -2- III. Reasons for Recommendations and Background: Developers who are required to install supplemental storm drain improvements in undeveloped watershed areas have requested this ordinance be enacted so that future development benefiting from the development improvements pay their fair share. Since development often occurs in an area where additional developments are likely to occur in the future, financial and technical problems can be mitigated by requiring the first developer in the area to install storm drain improvements of supplemental size, capacity, number, or length for the benefit of real property outside the development. Government Code section 66485 permits the Board of Supervisors to impose, by local ordinance, the requirement that the first developer install such improvements and dedicate them to the public, and Government Code section 66486 authorizes the County to enter into an agreement with the first developer to be reimbursed for the portion of the cost of the improvements in excess of the cost of the improvements required by the first development. Reimbursement would be from subsequent developers in the watershed. This policy and ordinance will allow the county to enter into a reimbursement agreement not only for storm drain facilities outside adopted drainage areas but also for storm drain facilities within adopted drainage areas or flood control zones that are not a part of the drainage area or flood control zone plans. IV. Consequences of Negative Action: Developers will not be able to be reimbursed for installing supplemental storm drain improvements that benefit future development in the watershed area. ORDINANCE NO. (Reimbursement for Supplemental Capacity Storni Drain Improvements) The Contra Costa County Board of Supervisors ordains that Section 914-2.012 is added to the County Ordinance Code,to read as follows: 914-2.012 Reimbursement for Supplemental Capacity Storm Drain Improvements. The County may require that a developer install storm drain improvements for the benefit of the development that may contain supplemental size,capacity,number, or length for the benefit of property not within the development and that such improvements shall be dedicated to the public. In the event of the installation of such improvements,the county shall enter into an agreement with the developer to reimburse the developer for that portion of the cost of such improvements equal to the difference between the amount it would have cost the developer to install such improvements to serve the development only and the actual cost of such improvements.Nothing set forth in this section shall prohibit the count), from denying a development where reimbursement funds are unavailable and the developer refuses to construct the improvements necessary to mitigate impacts of the proposed development at his or her cost. (a) The county may utilize any of the following methods to pay the cost of administration and reimbursement: (1)Collect from other persons, including public agencies,using such improvements for the benefit of real property not within the development,a reasonable charge for such use; (2) Contribute to the developer that part of the cost of the improvements that is attributable to the benefit of real property outside development and levy a charge upon the real property benefited to reimburse itself for such cost paid to the developer; (3)Establish and maintain local benefit areas for the levy and collection of such charge or costs from the property benefitted; (4)Condition as part of the entitlement process property outside the development to pay their proportionate share of costs of such facilities attributed to their benefit. (b) This ordinance will not apply to storm drain facilities as identified on adopted Contra Costa County Flood Control and Water Conservation District Drainage Area Maps and Flood Control Zone Maps and plans that qualify for drainage area fees,credits, or reimbursements.(Ord.97- ; Gov. Code §66485 & §66486) EFFECTIVE DATE. This ordinance becomes effective 30 days after passage and within 15 days after passage shall be published once with names of supervisors voting for and against it in the Contra Costa Times, a newspaper published in this County. PASSED on December 9, 1997 by the following: vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator BY: Deputy Board Chair RVF,mw G:TNGS VC\R VF\DECEMBER\DRAINT9.WPD Rev.Decemberl,1997 REIMBURSEMENT POLICY for Supplemental Capacity Storm Drain Improvements Approved December 2, 1997 The following policy by the Board of Supervisors, as the governing body of Contra Costa County, shall be used to determine reimbursements for installing supplemental capacity storm drain improvements not identified on adopted Contra Costa County Flood Control and Water Conservation District Drainage Area Plans and Flood Control Zone Plans in accordance with Contra Costa County Ordinance No. I. General Purpose Storm drain facilities installation required as conditions of property development can be very costly. In certain cases the County may impose a requirement that storm drain improvements installed as conditions of development shall contain supplemental size (no less than 24 inch diameter), capacity, number, or length as provided for under Government Code Sections 66485 and 66486. These improvements would benefit all other properties in the unincorporated area outside the development, but within a predetermined local drainage area. Should the County require the installation of storm drain improvements to contain supplemental size, capacity, number, or length as a condition of approval, the County intends to enter a reimbursement agreement with the developer. The agreement will reimburse (without interest) the developer for that portion of the cost of those improvements in excess of that required for the development. Accordingly, the County may condition owners of other benefiting real property outside the development during the project application process to pay fees as conditions of approval based on their proportionate share of the cost of such storm drain improvements attributable to their benefit. The County will then reimburse to the first developer such fees, as determined appropriate by the County, to cover the supplemental costs of construction as the funds became available. II. Eligible Costs Only that portion of the cost to install storm drain facilities imposed by the County as a requirement of development and deemed to be more than the construction required for that development may be eligible for reimbursement. Reimbursement for such eligible costs shall be limited to: A. Actual costs or Engineering Services bond unit prices or the lowest of three bids, whichever is lowest, and B. Fifteen percent of the supplemental construction cost for allowance of miscellaneous developer's costs, including contract preparation, engineering, study, and development of a drainage plan for the proposed area, identification and notification of property owners subject to fee payment, bonding, etc. Eligible construction costs do not include utility relocations, the acquisition of rights of way, and project inspection fees. 1 If the developer elects to install a more costly storm drain facility than that imposed by the County, the County will reimburse the developer for only that supplemental storm drain facility imposed by the County. Since eighteen inch diameter pipe is the minimum size used by the County under the terms of this policy reimbursement will only apply to pipes larger than eighteen inch diameter. III. Reimbursement 1. Where the constructed storm drain facility exceeds the facility required for the development but not less than 24 inch diameter pipe, the developer shall be eligible for a reimbursement, providing the cost difference exceeds $5,000. 2. The reimbursement shall be subject to the following limitations: A. The developer shall enter a reimbursement agreement with the County. B. County shall reimburse the developer from fees collected from the local area pursuant to the reimbursement ordinance. C. Before County sends a reimbursement payment to the developer, County shall deduct its administrative costs involved in preparing the reimbursement agreement and in collecting and paying the reimbursable funds. D. County will not pay interest to the developer for any funds owed the developer under the reimbursement agreement. E. If more than one reimbursement agreement is in effect at the time of reimbursement, County will make partial reimbursement based on the ratio of each agreement's original amount to the total original amount of all outstanding reimbursement agreements. F. Following the first reimbursement payment, the reimbursement agreement shall remain in effect for forty quarters. Any outstanding balance owed at the end of the forty quarters shall be waived by the developer. County shall make quarterly payments. G. If for any reason the County fails to collect reimbursement funds from the future users of such improvements, the County shall not be liable for the payment of such funds. H. The developer shall work with and assist the County in identifying the parcels in the local watershed that should be required to participate in the reimbursement. I. The developer shall send notices by registered mail to owners of all parcels identified to be participants in reimbursement. The developer will provide to the County Public Works Department Engineering Services Division a copy of the notices and evidence that the property owner received the notices. 2 J. To approximate the development reimbursement potential of the drainage area, the County can calculate the developable area times the mid-range of the current zoning. Existing legal lots that are not required to collect and convey, such as a single family residential unit or a second unit less than 1,500 square feet are not considered reimbursement potential. K. The developer shall keep the County Public Works Department Engineering Services Division apprised of who shall receive the reimbursement ( the contact person, their current address and, if possible, their phone number.) L. The County Public Works Department Engineering Services Division shall be the repository for all correspondence, technical information, and reimbursement recommendations. IV. Applicability This policy shall only apply to projects required to collect and convey. This policy shall be the basis for all subsequent reimbursement agreements for all developments in which storm drain facilities are not part of an adopted drainage area or zone plan. Upon adoption of the storm drain facility into an established drainage area plan, all subsequent agreements will conform to that of the drainage area. This policy will not alter any reimbursement agreement executed before the adoption of the storm drain facility into the formed drainage area plan or pursuant to a different policy unless the reimbursement agreement allows for the change. RVF:mw G:\ENGS V C\FRM&FILS\POL\RFIM-POL.WPD Rev.,November 18,1997 3 CONTRA COSTA COUNTY SUPPLEMENTAL CAPACITY STORM DRAIN REIMBURSEMENT AGREEMENT 1. PARTIES Effective Contra Costa County,a political subdivision of the State of California(hereinafter called"County"),and (hereinafter called"Developer"), mutually agree as follows. 2. INTRODUCTION A. This agreement shall be in conformance with the "Reimbursement Policy for Supplemental Capacity Storm Drain Improvements"approved by the Board of Supervisors on December 2, 1997. B. In accordance with County Ordinance Code Title 9,Division 914,"Drainage,"the Developer will construct a storm drain (herinafter called"Storm Drain")shown on the plat marked Exhibit"A,"which is attached hereto and incorporated herein,as part of the development approved as .Developer will construct the Storm Drain with supplemental (excess)capacity to provide storm drain service to other undeveloped parcels of real property under different ownerships. C. Developer hereby represents and states that the cost of the Storm Drain will be$ . That cost is documented by paid invoices or Public Works Engineering Services bond unit prices or three bids(whichever is lowest)marked Exhibit"B," which is attached hereto and incorporated herein. D. Developer states and County has verified that supplemental costs attributed to the use and benefit of the undeveloped parcels of real property other than that of Developer will be$ . This sum,which includes 15 percent of supplemental costs for miscellaneous developer costs,is the maximum amount that may be refunded to Developer,as provided for herein marked Exhibit"C"which is attached hereto and incorporated herein. Interest will not be added to this sum. 3. CONFORMANCE TO PLANS AND SPECIFICATIONS The Storm Drain shall be installed in conformance with the plans and specifications prepared by Developer and approved by County. County shall be under no obligation to perform under this Agreement unless the Storm Drain is accepted as complete by County. 4. DEDICATION The Storm Drain and easements pertaining to the Storm Drain shall be offered by Developer for dedication to County. 5. HOLD HARMLESS Developer shall defend,indemnify,save,and hold harmless County,its governing body,and its officers,employees,and agents from any and all claims,costs,and liability for any damages,sickness,death,or injury to person(s) or property,including without limitation all consequential damages,from any cause whatsoever arising directly or indirectly fi-om or connected with operations or services of Developer or its officers,employees,agents,or subcontractors hereunder,save and except claims or litigation arising through the sole negligence or sole willful misconduct of County, its governing body, or its officers,employees,or agents. Developer will reimburse County for any expenditures,including reasonable attorney's fees,County may make by reason of the matters that are the subject of this indemnification and,if requested by County,will defend any claims or litigation to which this indemnification applies at the sole cost and expense of Developer. G. NON-RESPONSTBILPTY OF COUNTY The installation of the Storm Drain is the sole responsibility of Developer, except for the normal inspection provided by County. County assumes no responsibility whatsoever for construction procedures and methods utilized by Developer in construction of the Storm Drain. 7. DEVELOPER RESPONSIBILITY A. Developer shall work with and assist County in identifying the parcels in the local watershed that should be required to participate in the reimbursement. B. Developer shall send notices by registered mail to owners of all parcels identified to be participants in reimbursement. Developer will provide to County Public Works Department Engineering Services Division a copy of the notices and evidence that the notices were received by the property owner. C. Developer shall keep County Public Works Department Engineering Services Division apprised of who shall receive the reimbursement(the contact person,current address,and phone number.) 8. COUNTY REIMBURSEMENT RESPONSIBILITY A. County may collect fees in the application process from the owners of such other benefiting real property outside the 1 development based on its proportionate share of the costs of such storm drain facilities attributable to their benefit. County will then reimburse to Developer such fees,as determined appropriate by County,to cover the supplemental costs of construction as the funds become available. B. Reimbursement shall be paid only from fees collected from the local area pursuant to the reimbursement ordinance adopted by the Board of Supervisors on December 2, 1997. C. Prior to a reimbursement payment to the Developer,County shall deduct its administrative costs involved in preparing the reimbursement agreement and in collecting and paying the reimbursable funds. D. Interest will not be allowed on funds owed to Developer. E. If more than one reimbursement agreement is in effect at the time of reimbursement in a local area,partial reimbursement payments will be made based on each agreement.Reimbursement shall be based on the ratio of each agreement's original amount to the total original amount of all outstanding reimbursement agreements. F. If for any reason County fails to collect reimbursement funds fi om the future users of such improvements,County shall not be liable for the payment of such funds. G. If Developer elects to install a more costly storm drain system than that imposed by County, County will reimburse Developer for only those supplemental stolen drain facilities imposed by County. County reserves the right to calculate said eligible costs using any of the then current prices,the Engineering Services bond unit prices,the actual cost,or the lowest of three bids received,whichever-is lowest. 9. TERM Following the first reimbursement payment, this reimbursement agreement shall remain in effect for forty quarters.Any outstanding balance owed at the end of the forty quarters shall be waived by Developer. County shall make quarterly payments. 10. NO OTHER RECOURSE AGAINST COUNTY A. This Agreement constitutes the total statement of rights between County and Developer concerning reimbursement of the cost of installing supplemental capacity storm drain improvements which are not less that 24 inch diameter and which exceed the Storm Drain required for the development. B. If, after the expiration of the term of this Agreement as described in paragraph 9,Developer has not received the total reimbursement amount,Developer shall have no right to further reimbursement by County from any storm drain installation fees thereafter collected by County or from any other source of County funding. 11. AGREEMENT TERMINATION If development storm drain facilities are annexed to or included into a formed drainage area drainage area plan this reimbursement agreement shall be altered to reflect the reimbursement policies of that drainage area. CONTRA COSTA COUNTY DEVELOPER Company Name By Chair of the Board of Supervisors, By ATTEST: Phil Batchelor,Clerk of the Board of Supervisors Position and County Administrator And By By Position RECOMMENDED FOR APPROVAL: J.Michael Watford,Public Works Director *Corporations require two signatures,one by the President or Vice President and one by the Secretary or Treasurer.Signatures by DEVELOPER must be notarized. By RVF:mw APPROVED AS TO FORM: G:\ENGSVC\FRM&FILS\SUPPDRAN.WPD Victor J.Weshnan,County Counsel Rev.November 18,1997 10/29/97 2