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HomeMy WebLinkAboutMINUTES - 12102002 - C6-C7 Y10 TO: BOARD OF SUPERVISORS,AS THE GOVERNING BOARD OF CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: MAURICE SHIU, CHIEF ENGINEER DATE: December 10, 2002 SUBJECT: Approve a Reimbursement Agreement between the Flood Control District and Richard Kerr for Minor Subdivision 6-94 in Drainage Area 33C, Concord area, District IV. SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION L Recommended Action: APPROVE a reimbursement agreement in the amount of $15,432.92 between the Flood Control District (District)and Richard Kerr,(Developer),effective December 10,2002,and AUTHORIZE the Chair of the Board to execute the agreement on behalf of the District. II. Financial Impact: Future drainage fees will be obligated to payment of the reimbursement from Drainage Area 33C funds. I Continued on Attachment: X SIGNATURE: C _RECOMMENDATION OF BOARD COMMITTEE L,rarPROVE OTHER SIGNATURE(S): r ACTIONOFB04iWON DECEMBER lu, zuuz A ROVED AS X x RECOMMENDED OTHER 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 10, 2002 VOTE OF SUPERVISORS JOHN SWEETEN,Clerk of the Board UNANIMOUS(ABSENT ) of Supervisors and County Administrator AYES: NOES: ABSENT: 17 ABSTAIN: By ,Deputy G:IGMDatalFldCtllAdministration\Board Ordem\2462 H0\RcimbAgrmt-MS6-94.doc Orig.Div: Public Works Flood Control Contact: Paul Detjens(313-2994) CC: CAO County Counsel PW Accounting Al SUBJECT: Approve a Reimbursement Agreement between the Flood Control District and Richard Kerr for Minor Subdivision 6-94 in Drainage Area 33C, Concord Area,District IV. DATE: December 10, 2002 PAGE: 2 III. Reasons for Recommendations and Background: The Developer has been required to construct drainage area improvements at a cost which exceeds the amount of drainage fees required to be paid by the developer under the terms of the drainage fee ordinance. The Developer is entitled to a partial reimbursement of the excess costs as provided for in the drainage area credit and reimbursement policy. IV. Consequences of Negative Action: Non-approval of the agreement would be inconsistent with the adopted Credit and Reimbursement Policy. CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT REIMBURSEMENT AGREEMENT 1. PARTIES. Effective December 10,2002,the Contra Costa County Flood Control and Water Conservation District, a body corporate and politic of the State of California (hereinafter called "DISTRICT"), and Richard Kerr, an individual (hereinafter called `Developer"), mutually agree as follows: 2. INTRODUCTION. A. DEVELOPER is subdividing the property designated as Minor Subdivision 6-94 within Drainage Area 33C.Said development is within the jurisdiction of the County of Contra Costa(hereinafter called"COUNTY"). To satisfy COUNT'Y's conditions of approval for said development, DEVELOPER must install a portion of the drainage facilities shown on the adopted Drainage Plan for Drainage Area 33C. B. The cost to install these facilities exceeds the amount of drainage fee required by the drainage fee ordinance for said drainage area, Ordinance No. 90-7. C. DISTRICT has adopted a Drainage Area Credit and Reimbursement Policy for said drainage area. D. Since DISTRICT has an effective Drainage Plan and a Drainage Area Credit and Reimbursement Policy for said drainage area,DEVELOPER has requested that the DISTRICT enter into this agreement with DEVELOPER, pursuant to said policy. 3. TERMS. DISTRICT shall reimburse DEVELOPER for eligible costs exceeding the amount of fees required by said ordinance, in accordance with the terms of this agreement and the DISTRICT's above-mentioned Drainage Plan and the Drainage Area Credit and Reimbursement Policy for said drainage area,which policy is attached as Exhibit"A," and made a part hereof by this reference. 4. ELIGIBLE COSTS. The drainage facilities, right-of-way, and other items eligible for reimbursement and their estimated costs are outlined on Exhibit "B", attached hereto and incorporated herein by this reference. 5. DEDICATION OF EASEMENTS. Easements containing the drainage facilities covered by this agreement shall be offered for dedication to COUNT'. Page 1 b. CONFORMANCE TO PLANS AND SPECIFICATIONS. The drainage facilities covered by this agreement shall be installed in conformance with the plans and specifications prepared by DEVELOPER and approved by COUNTY. DISTRICT shall be under no obligation to perform under this agreement unless the drainage facilities are accepted as complete by COUNTY. 7. HOLD HARMLESS. DEVELOPER shall defend,indemnify,save and hold DISTRICT,its governing body,officers,agents and employees absolutely free,clear,and harmless from any claims, actions, or costs arising from any property and/or rights acquisition which may be necessary hereunder, or arising from any and all damage to property, injury to persons, including death, or any other type of liability arising as a result of DEVELOPER's installation of the drainage facilities required by the conditions of approval for said development. 8. NON-RESPONSIBILITY OF DISTRICT. The installation of drainage facilities covered by this agreement is the sole responsibility of DEVELOPER,except for the normal inspection provided by the COUNTY. DISTRICT assumes no responsibility whatsoever for construction procedures and methods utilized by DEVELOPER in constructing the drainage facilities. 9. PAYMENT. Payment terms are set forth in Exhibit"A",except that the first payment shall not be made until the DEVELOPER submits to DISTRICT acceptable evidence that DEVELOPER has paid for installation of the drainage facilities covered by this agreement. 10. TERMINATION. This agreement shall remain in effect either(1)for the time as provided in Section V.B. of Exhibit "A" or (2) until DEVELOPER has been reimbursed for the total eligible reimbursement amount, whichever first occurs. Non-submittal of the acceptable evidence of payment required by Section 9 shall not result in an extension of the termination date. 11. NO OTHER RECOURSE AGAINST DISTRICT. A. This agreement constitutes the total statement of rights between DISTRICT and DEVELOPER concerning payment or reimbursement for costs of installing the drainage facilities exceeding the required drainage fees. Page 2 B. If, after the expiration of the time described in Section V.B. of Exhibit "A", DEVELOPER has not received the total reimbursement amount,DEVELOPER shall have no right to further reimbursement by DISTRICT from any drainage fees thereafter collected by the DISTRICT, or from any other source of DISTRICT funding. CONTRA COSTA COUNTY FLOOD CONTROL AND DEVELOPER* WATER CONSERVATION DISTRICT Richard Kerr B By Chair a bard of Supe isors,as governing Name:_ �-6 ,A-j4y- body o Contra Costa Flood Control and Water nervation District Title: ^.-� 1 J;- Attest: DECEMBER 10, 2002 John Sweeten,Clerk of the Board of Supervisors and County Administrator And By By '-, Name: eputy Itlerk 17 Title: Taxpayer I.D.# RECOMMENDED FOR APPROVAL: Maurice M. Shiu Chief Engineer *Corporations require two signatures, one by the rPresident or Vice President,and one by the Secretary or ByC% Treasurer. Signatures by DEVELOPER must be notarized. APPROVED AS TO FORM: Silvano B.Marchesi, County Co y - ' D u Exhibit"A" - Drainage Area Credit and Reimbursement Policy Exhibit"B" - Calculation of Reimbursement Amount Page 3 12/",--oZ State of County of On 1(-2I`L-)Z. before me � C{� ��C. DATE NAME,Tm.a FOFFICM-E.G.,"Aft DOE,NO I lip K. personally appeared , i � W r NAMF.(PI s,oNeRQ6 in the capacity as I rvmuAG GeNaxALPARrnrai,CoRroRATa OFFrcm-E.G.,VICHPRESmaNT personally known to me -OR-4proved to me on the basis of satisfactory evidence to be the person(4)whose name is/ge subscribed to the within instrument and acknowledged to me that heZ&e/the" executed the gaMe in hist w/tl*authorized capacity(ieS),and that by slgnature(of on the instrument the persons ',or the entity upon behalf of which the personeyacted,executed the instrument. E)He/ '/ y also acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. WITNESS my d Vse 14 .K LID 5C .* n13 N(TMY PU8l.IC-ci�1.IPC)R 4 2 CRA��yCp�OS♦T�A� �/y Y Signa COMM.LOMEXP.IAN.7,2MS SIGNATURE REQUIREMENTS Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed in the space provided. The name must be signed exactly as it is typed or printed. IT. SIGNATURES FQR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGNATURES FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing to have the authority to sign for and bind the partnership. IV. SIGNATURES FOR CORPORATIONS Documents should be signed by two officers,one from each of the following two groups: GROUP 1. (a)The Chair of the Board GROUP 2. (a)The Secretary (b)The President (b)An Assistant Secretary (e)Any Vice-President (c)The Chief Financial Officer (d)The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required. A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." RL: G:\GrpData\FldCtl\CurDev\CITIES\Concord\ReimbAgmt-MS6-94.doc Page 4 EXHIBIT"A" DRAINAGE AREA CREDIT AND REIMBURSEMENT POLICYY Adopted June, 1989 Revised December 1999 The following policy adopted by the Board of Supervisors, as the governing body of the Contra Costa County Flood Control and Water Conservation District, shall be used to determine credits and reimbursements as provided for in various Drainage Area Fee Ordinances. I. Definitions: 1. Drainage Area Plan: The engineering plan,which shows and lists the size, length, and location of drainage facilities adopted for a Drainage Area. 2. Drainage Area Fee Ordinance: An ordinance adopted for a Drainage Area specifying the drainage fee necessary to complete construction of the planned facilities. 3. Drainage Area Fee Obli atg ion: The drainage fee due on a development as determined from the Drainage Fee Ordinance. 4. Eligible Costs: The cost of installing drainage facilities, which are part of the Drainage Area Plan. 5. In-tract Drainage Facilities: Drainage facilities required within the limits of the development. 6. Off-tract Drainage Facilities: Drainage facilities required outside the limits of the development. 7. Credit: When a Drainage Fee Ordinance allows construction of drainage facilities in lieu of the payment of drainage fees,the eligible construction costs may be applied as a credit against the drainage area fee obligation. 8. Reimbursement: Payment to the developer for the eligible cost of installing drainage area facilities in excess of the drainage area fee obligation. II. GENERAL: Installation of drainage facilities required as a condition of property development can be very costly, and in many cases benefits other properties within the watershed. A Drainage Fee Ordinance spreads the costs of the drainage facilities to all of the benefiting properties and ensures, through a system of fees, credits, and reimbursements, equitable financial participation. The drainage fee ordinance creates a fee obligation on all properties within the Drainage Area. The ordinance becomes operative upon a request to develop or improve a parcel of land. The drainage area fee obligation is limited to the fee due and is payable either in the form of cash or the installation of a portion of the drainage facilities shown on the adopted drainage plan. 1 When a condition of development requires the construction of drainage facilities with a cost in excess of the drainage fee obligation imposed by the fee ordinance, a portion of the excess cost may be eligible for reimbursement. III. Eligible Costs: A portion of the cost to install drainage facilities shown on the adopted drainage area plan may be eligible for credit against the required drainage fees and for reimbursement of costs in excess of the drainage fee obligation. Credit or reimbursement shall be limited to the following eligible costs: 1. Actual in-tract and off-tract construction costs plus a fixed amount of 7 percent of the in- tract construction cost and 14 percent of the off-tract construction cost for allowance of miscellaneous developer's costs, including contract preparation, engineering, bonding, etc. Construction costs do not include utility relocations or the acquisition of rights of way. 2. Actual public agency project inspection fees for only those drainage area facilities shown on the adopted drainage plan. 3. Actual off-tract utility relocation costs. 4. Actual off-tract right of way acquisition costs needed for the installation of drainage area facilities,provided the developer does not have a beneficial interest in the off-tract property. The determination of construction cost will be based on at least three independent bids. 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 and the fixed markups using then current prices. If the developer elects to install a more costly drainage system than shown on the adopted drainage area plan, the District reserves the right to calculate said eligible costs using the then current prices for only the facilities shown on the adopted plan. IV. Credit: The developer may apply as a credit toward the drainage fee obligation the eligible costs to construct drainage area facilities. V. Reimbursement: 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 III above, in excess of the drainage fee due as follows: Off-tract work: 100% (One hundred percent) In-tract work : 50% (Fifty percent) z Prior to the application of the above percentages,the eligible costs in excess of the drainage fee due shall be prorated between off-tract work and in-tract work in the same proportion as the total eligible costs for off-tract work and in-tract work 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 pursuant to a Drainage Fee Ordinance. 2. If more than one reimbursement agreement is in effect in a Drainage Area, the reimbursement payment to each agreement shall be based on the ratio of each agreement's original amount to the total original amount of all outstanding reimbursement agreements. 3. The District reserves the right to utilize not more than 80 percent of the drainage 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$5000.00. 5. Reimbursement agreements shall remain in effect for a base period of ten years (forty quarters). The first quarter shall be the one following the quarter in which the first reimbursement payment is made. The developer shall forfeit any outstanding balance owed at the end of the ten years if 80% or more of the money has been reimbursed. If at the end of the ten years, less than 80% of the money has been reimbursed, the agreement shall be extended for five years. If after a period of five years the developer has not been reimbursed 80/0 of the amount due, the agreement shall be extended for another period of five years. Any remaining balance owed after twenty years shall be forfeited. 6. Reimbursement agreements executed subsequent to a government loan(s) shall have payments "calculated"using the pro-rata basis of paragraph B.2. above. However, in order to accelerate repayment of the government loan(s), the "calculated"payment shall be applied to repayment of the government loan(s), rather than be disbursed to the subsequent reimbursement agreement(s). Upon full repayment of the government loan(s), reimbursement payments shall commence to the subsequent reimbursement agreement(s). The 40 quarter time limit for a subsequent reimbursement agreement shall not start until the date the first payment is made to the reimbursement agreement. VI. Applicability Upon adoption by a drainage area, this policy shall be the basis for all subsequent reimbursement agreements in that drainage area. This policy will not alter any reimbursement agreement executed pursuant to a different policy. G.1GrpData\FldCtl\Administration\FC fomis\RA-EXHIBIT A.doc 2/2000 3 Exhibit B Drainage Area: 33C Development: MS 6-94 Developer: Richard Kerr 1790 Ellis Street#22 Concord, CA 94520 Assessor's Parcel Number: 116-120-048 Off-Tract Construction Costs Description Quantity Unit Unit Cost Total 78" Bit. Coated CMP 16 LF $195.00 $3,120.00 Earthwork/Excavation 333 CY $33.00 $10,989.00 Riprap Outfall Mod. B-50 70 TON $66.10 l4&27.0 Sub-total $18,736.00 Engineering (14%) $2,623.04 Inspection Fee $1,498.88 Off-Tract Total $22,857.92 Total Eligible Costs $22,857.92 Drainage Area 33C Fees -17,425.00 $15,432.92 Total Reimbursement $15,432.92 TO: BOARD OF SUPERVISORS,AS THE GOVERNING BOARD OF CONTRA COSTA COUNTY FLOOD CONTROL& WATER CONSERVATION DISTRICT FROM: MAURICE SHIU, PUBLIC WORKS DIRECTOR DATE: December 10, 2002 SUBJECT: Approve a contract amendment/extension agreement with Blankinship and Associates, Inc. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE a contract amendment/extension agreement with Blankinship and Associates, Inc. to increase the payment limit by $13,000 to a new payment limit of $57,000 and to extend the term from June 30, 2003 to January 31, 2004 for the Aquatic Pesticides National Pollutant Discharge Elimination System (NPDES) Monitoring Project, Countywide. IL Financial lmpact: Funding source is County stormwater fees. l Continued on Attachment: X SIGNATURE: RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER '4 SIGNATURE (S): - ACTION OF BOA N DECEMBER 10, 2002 APPROVED AS RECOMMENDED xOTHER I hereby certify that this is a true and correct copy of an action taken and entered on the minutes VOTE OF SUPERVISORS of the Board of Supervisors on the date shown. UNANIMOUS(ABSENT I I } DECEMBER Ir0 2002 AYES: NOES: ATTESTED: i ABSENT. _ ABSTAIN: JOHN SWEETEN,Clerk of the Board G:\GrpData\PtdCtMdministradon\Board Orders\2002 B058IankimhipB0.doc of Supervisors and County Administrator Orig.Div: Public Works Flood Control - Contact! Nancy Stein(313-2285) cc: CAO y �✓ B _ Deputy County Counsel P W Accounting SUBJECT: Approve a contract amendment/extension agreement with Blankinship and Associates,Inc. DATE: December 10, 2002 PAGE: 2 III. Reasons for Recommendations and Backeround: Contra Costa County entered into an agreement with Blankinship and Associates, Inc. to prepare an East Bay Regional Pesticide Monitoring Program (RPMP) for the Statewide NPDES Permit for discharges of aquatic pesticides. Now we are amending the Scope of Services to include an annual report to the State Water Resources Control Board and the San Francisco Regional Water Quality Control Board and the Central Valley Regional Water Quality Control Board for the RPMP. IV. Consequences of Negative Action: If the contract amendment is not approved with Blankinship and Associates,Inc.,the County will not be in compliance with the Statewide General National Pollutant Discharge Elimination System(NPDES)permit.