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HomeMy WebLinkAboutMINUTES - 07161985 - 1.28 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on July 16, 10,85 . by the following vote: AYES: Supervisors Powers , Torlakson and Fanden NOES: None ABSENT: Supervisors Schroder and McPeak ABSTAIN: None SUBJECT: Adopting a Drainage Fee Credit and Reimbursement Policy for Flood Control Drainage Area 48C, 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 48C. 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 48C. I hereby certify ttia-4this 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: —AL 16 1985 PHIL BATCHELoft,Cierk of the Board of'Superviscrs and County Administrator Deputy 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 SYM:pg bo:DA48C.t5 DRAINAGE FEE CREDIT AND REIMBURSEMENT POLICY DRAINAGE AREA 48C (West Pittsburg Area) The following policy adopted on July 16 , 1985 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. 84-12 for Drainage Area 48C. 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: 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. Actual public agency project inspection fees. 3. 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. 84-12 for Drainage Area 4.8C 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 I 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: I . Reimbursement shall be paid only from drainage fees collected under Ordinance No. 84-12. 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, durinq 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 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. IV. EXAMPLE Attached hereto as Exhibit A, and made a part hereof, is an example illustrating the implementation of the Credit Policy (Section II) and the Reimbursement Policy (Section III) . SYM:pg sym:credreimbDA48C.t6 DRAINAGE FEE CREDIT AMID REIMBURSENENT IMPLEMENTATIM ERAIIaGE AREA 48C A. ASSUMPTION 1. Development is creating 40 residential sites having lot areas between- 7,000 - 7,900 square feet and 60 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. Fee for 7,000 - 7,999 square foot lots is $1,360. (Ordinance Section VII) 2. Fee for 3,000 - 3,999 square foot lots is $620. (Ordinance Section VII) 3. Reimbursement of off-tract (Group A) excess cost is 100%. (Policy Section III.A.) 4. Reimbursement of in-tract-,(Group B) excess cost is 50%. (Policy Section III.A.) C. FEE CALCULATION Fee Due = (40 lots x $1,360/lot) + (60 lots x $620/lot) Fee. Due = $54,400 + $37,200 Fee Due = $91,600 D. CALCULATION OF REIMBURSEMENT Eligible Costs Group A $100,000. Eligible Costs Group B $ 50,000 Total Eligible Cost $150,000 Less Fee Due $ 91,600 Excess $ 58,400 Ratio of Group A, Group B to total Eligible Costs (Policy Section III.A) Group A = $100,000 = 2 Group B = $ 50,000 = 1 3 $150,000 3 Therefore, the excess is prorated 2 to Group A and 1 to Group B. 3 3 Group A Reimbursement= (100%) ($58,400) (2 ) = $38,933.33 Group B Reimbursement = ( 50%) ($58,400) C1 ) = $ 9,733.33 3 Total Amount of Reimbursement would be .$48,666.66 EXHIBIT A sym:da48C.cr.re.T6