HomeMy WebLinkAboutMINUTES - 06111985 - 1.9 I,
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on June 11, 1985 by the following vote:
AYES: Supervisors Powers , Schroder, McPeak, Torlakson Fanden
NOES: None!
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ABSENT: None
ABSTAIN: None
SUBJECT: Adopting a Drainage Fee Credit and Reimbursement Policy for Flood
Control Drainage Area 48D, West Pittsburg Area.
The Chief Engineer has recommended that the Board of Supervisors adopt the
Drainage Fee Credit and Reimbursement Policy attached as Exhibit I to ensure
equal treatment of property owners and to facilitate the administration of
the drainage fees collected in Drainage Area 48D.
IT IS BY THE BOARD ORDERED, ,as governing body of the Contra Costa County
Flood Control and Water Conservation District, that the Drainage Fee Credit and
Reimbursement Policy is ADOPTED for Drainage Area 48D.
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I hereby certify the this is a true andcorrectcopy of
an action taken and entered an the minutes of the
Board of Supervisors on the dale shown.
ATT ESTED: JUN
PHIL BATCHELOR,Clerk of the Board
of Supervisors and County Administrator
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9y 2���C�.Deputy
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Orig. Dept: Public Works Department ,
Flood Control Planning
cc: County Administrator
Community Development
Building ,Inspection
County Counsel
County Assessor
County Treasurer - Tax Collector
County Auditor - Controller
Public Works Director
Flood Control Planning
Accounting
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DRAINAGE EEE CREDIT AND REIMBURSEMENT POLICY
DRAINAGE AREA 48D (WEST PITTSBURG AREA)
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The fol 1 owi ng 'policy adopted on June 11, 19*8 S by the
Board of Supervisors, as the governing body of the Contra Costa County Flood
Control and Water Conservation District, shall be used in the administration of
the Contra Costa County Flood Control and Water Conservation District Drainage Fee
Ordinance No. 185-34 for Drainage Area 48D.
I. GENERAL
A. Developers installing drainage facilities shown on the adopted drainage
plan may be eligible for credit against the required drainage fees and
for reimbursement of costs in excess of the drainage fees. The amount
of credit or reimbursement shall be limited to the summation of the
following eligible costs:
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1. Actual in-tract and off-tract construction costs plus a fixed
amount of 7% of the in-tract construction cost and 14% of the
off-tract construction cost for allowance of miscellaneous
developer's costs, including contract preparation, engineering,
bonding, etc.
2. "4 Actual public agency project inspection fees,.
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3. i Actual off-tract utility relocation costs.
4. Purchase price for the off-tract right of, way acquired by the
District and paid for by the developer, provided the developer
does not have a beneficial interest in the off-tract property. .
B. The determination of construction costs that will be eligible for
credit or reimbursement will be based on at least three independent
bids for the drainage facilities work. 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
using then current prices.
C. If the developer elects to install a more costly drainage system
than shown on the adopted plan, the District 'reserves the right to
calculate said eligible costs using the then current prices for only the
facility shown on the adopted plan.
II. CREDIT POLICY
The developer is eligible to receive credit for the construction of drainage
facilities up to an amount equal °'to the required drainage fee computed in
conformance with Drainage Fee Ordinance NO. 85-34 for Drainage Area 48D and
Section I above.
III. REIMBURSEMENT POLICY
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 I above, in excess of the
drainage fee due as follows:
Group A: 100% (One Hundred Percent) for off-tract work.
Group B: 50% (Fifty Percent) for in-tract work.
EXHIBIT l
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II
Prior to the application of the above percentages, the eligible costs in excess
of the drainage fee due shall be prorated between Group A and B in the same
proportion as the total eligible costs for Group A and B are to the total eligible
costs. '
B. The reimbursement shall be subject to the following limitations:
1. Reimbursement shall be paid only from drainage fees collected
under Ordinance No. 85-34.
2. If more than one reimbursement agreement is in effect, the
reimbursement payments to each developer shall be based on the
ratio of the developer' s outstanding balance to the total
outstanding balance of all agreements.
3. The District reserves the right to utilize only eighty percent
(80%) of the 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 $5,000, and the total outstanding balance (reimbursements
owed to all parties) is greater than $5,000.
5. Reimbursement agreements shall remain in effect for 40 annual
I quarters. The first quarter shall be the one following the
quarter 'in which the County accepts the drainage facilities
installed as complete. Any outstanding balance owed at the end of
the 40 quarters shall be waived by the developer.
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IV. EUMPIEI
Attached hereto as Exhibit A, and made a part hereof, is an example
illustrating the implementation of the Credit Policy (Section II) and the
Reimburfement Policy (Section III).
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;DRAINAGE FEE CREDIT AND REIMBURSEMENT IMPLEMENTATION
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DRAINAGE AREA 48D
A. ASSUMPTION
1. Devllopment is creating 60 residential sites having lot areas between
7,000 - 7,900 square feet and 40 patio homes sites having lot areas
between 3,000 - 3,999 square feet.
2. The eligible off-tract costs (Group A) are $100,000.
(Policy Section I.A.)
3. The {eligible in-tract costs (Group B) are $50,000.
(Policy Section I.A.)
B. FACT
1. Feelfor 7,000 - 79999 square foot lots is $1,700.
(Ordinance Section VII)
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2. Fee�for 3,000 - 3,999 square foot lots is $770.
(Ordinance Section VII)
3. Reimbursement of off-tract (Group A) excess cost is 100%.
(Poi icy Section II I.A.)
4. Reimbursement of in-tract (Group B) excess cost is 50%.
(Policy Section III.A.)
C. FEE CALCULATION
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Fee Duei= (60 lots x $1,700/lot) + (40 lots x $770/lot)
Fee Due '= $102,000 + 30,800
Fee Duel= $132,800
D. CALCULATION OF REIMBURSEMENT
E.iigible Costs Group A $1009000.
Eligible Costs Group B $ 50 000
Total Eligible Cost R 50,000
Less Fee Due $132 .000
Excess Tf7,0
Ratio of Group A, Group B to total, Eligible Costs (Policy Section III.A)
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Group A = $100,000 = 2 Group B = $ 50 000 = 1
1509000 3 1509000 3
Therefore, the excess is prorated 2 to Group A and 1 to Group B.
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Group A Reimbursement = (100%) ($179200) (2) = $11,466.67
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Group B Reimbursement = ( 50%) ($179200) (1) = $ 29866.67
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Total Amount of Reimbursement would be $149333.34
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