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HomeMy WebLinkAboutMINUTES - 04111989 - 2.1 a. � THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on April 11, 1989 , by the following vote: AYES: Supervisors Powers, Schroder, McPeak, Fanden NOES: None ABSENT: Supervisor Torlakson ABSTAIN: None ------------------------------------------------------------------ ------------------------------------------------------------------ SUBJECT: Request for Drainage Fee Installment Payments The Board received the attached report from the Public Works Director recommending denial of a request by Ms. Arlene Segal on behalf of Mr. and Mrs. Richard N. Ladeira to permit installment payments of a drainage fee. Ms. Segal requested that decision be deferred to allow her and her clients an opportunity to discuss the matter with Supervisor Torlakson. IT IS BY THE BOARD ORDERED that decision on the denial of the request to make installment payments of drainage fees is DEFERRED, pending further discussion with Supervisor Torlakson on resolution of this matter. I hereby certify that this is a true and correct copy of an action taken rnd entered on the minutes of the Board of Supervisors on the date shown. cc: Ms. Arlene Segal ATTESTED: effse" //, /98 sp Supervisor Torlakson PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator Public Works Director County Administrator BY .Deputy 2- 001 TO: BOARD OF SUPERVISORS, AS THE GOVERNING BOARD OF CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: J. MICHAEL WALFORD, CHIEF ENGINEER DATE: April 11, 1989 SUBJECT: LETTER FROM MS. ARLENE SEGAL REQUESTING EXCEPTION FROM DRAINAGE AREA 29H FEE ORDINANCE, OAKLEY SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION I. Recommended Action: DENY the request of Ms. Arlene Segal made on behalf of Mr. and Mrs. Richard N. Ladeira to permit the payment of a required drainage fee by installment payments. II. Financial Impact: Permitting the payment of drainage fees through installment payments will significantly increase the costs for fee .collection, and it will increase the cost of infrastructure due to the postponement of improvements and interest on borrowed funds. Cont'd on Attachment: X yes Signature: Recommendation of County Administrator Recommendation of Board Committee Approve Other Signature(s) ction of Board on A roved as recommended Other Vote of Supe isors Unanimo (Absent ) I HEREBY CERTIFY THAT THIS Ayes: Noes: IS A TRUE AND CORRECT COPY Absent: Abstain: OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON DATE SHOWN. � ATTESTED \ PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator \3Y \,DEPUTY Orig. Div: Public Works Dept. (F/C) \ cc: County Administrator County Auditor-Controller County Counsel Community Development Director Building Inspection Public Works Director Flood Control Accounting Ms. Arlene Segal, Trembath, McCabe, Schwartz, Evans & Levy MFK:rs BO:28.t3 III. Reasons for Recommendations and Background: Mr. Ladeira Is request was previously reviewed by staff and denied. Based on his repeated requests, we agreed to ask County Counsel if he had any rights under the drainage fee ordinance for Drainage Area 29H to make installment payments. The response from County Counsel was "no" . We have numerous drainage areas that have an adopted drainage fee ordinance for financing drainage infrastructure. To permit the use of installment payments for payment of fees due would require amending the ordinances for each area to make the installment process legal. The collection of drainage fees is a time consuming process. It requires approximately two person years of labor to calcu- lated, collect, record, and monitor the current process. Permitting installment payments could increase these costs by fifty percent; thus the costs for everyone will be higher. Presently, Drainage Area 29H has an outstanding loan from the Flood Control District. Allowing installments will delay the collection of fees thereby increasing the interest costs for the outstanding loan. These costs could be considerable if all the drainage areas were to allow installment payments. The present process requires the payment of the fee prior to the approval of a Final Map or the issuance of a building permit. Both of these activities are excellent collateral for collection of the fee. Permitting installment payments will erase this leverage. Once the Final Map or building permit is issued, the only recourse for collecting a defaul- ted installment drainage fee is to take the applicant to court. This also will represent a significant cost. Installment drainage fees less than $2, 000 would be un- collectible due to the court costs. Ms. Segal 's letter indicates that there is a precedent for partial payments by the fact that we permitted Mr. Ladeira to pay only twenty percent of his drainage fee when he received approval of his land use permit. The approval of the land use permit also granted Mr. Ladeira an exception to collect and convey because the permit expressly prohibited the applicant from creating more than 500 square feet of im- pervious surfaces. At the time, staff felt that a reasonable approach would be to interpret the limitation on impervious surfaces and the ordinance findings as a means for not requiring the fee. The 20% fee amount paid was a cash contribution toward the ultimate fee that would be payable upon future development of the property. This approach was used on only two parcels, and it occurred only in this area. In hindsight, the required drainage fee should have been collected regardless of the land use permit restriction on increasing impervious surfaces. We do not believe the above establishes a precedent for permitting installment payments. In summary, it is strongly recommended that Ms. Segal 's request be denied. Attached is a copy of her letter to the Board. IV. Consequences of Negative Action: The drainage fee collection process will become more costly and more complicated; drainage fees will be lost due to excessive legal costs for court collection of defaulted installment plans. TREMBATH, MCCABE, SCHWARTZ, EVANS & LEVY PROFESSIONAL LAW CORPORATION 'JAMES N. OAWE ONE CORPORATE CENTRE TELEPHONE BRIAN P. EVANS14151 687-3450 1320 WILLOW PASS ROAD, SUITE 500 JESSE L. JUDNICK BEVERLY J. LAVIN CONCORD, CALIFORNIA 94320 TELECOPIER KENNETH H. LAVIN 1415) 6BO-0129 DAVID J. LEVY MICHAEL P. MCCABE MAILING ADDRESS DANIEL C. PAYNE, JR. P. 0. BOX 27607 A. CURTIS SAWYER, JR. CONCORD, CA 94527-0607 MARCHMONT J. SCHWARTZ ARLENE SEGAL JAMES R. TREMBATH January 27, 1989 1 r.- EIS Contra Costa County Board 1 J �ysg of Supervisors � ' 651 Pine Street Martinez, California 94553 :,Pi2V;S02S Re: Mr. & Mrs. Richard N. Ladeira APN: 037-100-027 ' Our File No: 01663-001 Gentlemen: This office has been retained on behalf of Mr. and Mrs. Richard Ladeira in the matter of payment of drainage fees assessed on their property located on Live Oak Avenue in Oakley. In July, 1984, when the Ladeira ' s obtained a use permit from the County, they were required to make a partial, twenty percent payment of the $22, 200 in drainage fees which were assessed. At that time, they began using approximately two acres of the five-acre parcel as a trucking yard. They are currently interested in completing a "pole barn" type structure which will permit Mr. Ladeira to work on his trucks while enjoying some protection from the weather. Mr. Ladeira began construction without realizing that a building permit was required. (The Building Department inspectors confirmed at the County Council ' s cite hearing on January 25 that no building permit is required for this type construction on nearby land zoned agricultural. ) Mr. Ladeira has been advised that, before he can obtain the necessary permit, he must pay the remaining drainage fees in full, an amount in excess of $17 , 000 . Additionally, Mr. Ladeira must pay the permit fee and a road-use fee. The total cost outlay required is approximately $20, 000 . The additional use of the property will not necessitate the installation of any additional drainage facilities. Apparently, the money paid in fees will go into the County' s fund for future drainage installation. Mr. Ladeira has requested permission to pay the drainage fees in a reasonable series of partial payments. There is precedent TREMBATH, MCCABE, SCHWARTZ, EvANs & LEVY PROFESSIONAL LAW CORPORATION Contra Costa County Board ' of Supervisors Re: Ladeira January 27 , 1989 Page two for such partial payment. Originally, he was only. _required to make a twenty percent partial payment (Fe7—e attached Exhibit-,'' To date, the Public Works Department and County Council ' s office have taken the position that the applicable ordinance, Ordinance No. 83-22 (see attached Exhibit B) does not permit a partial payment. It is clear that Public Works earlier took a different view and permitted such partial payment. If Mr. Ladeira is permitted to make a partial payment, obtain the required building permit and then complete payment, he will be able to complete the unfinished structure and salvage what he has already invested. If not, he risks the complete loss of approximately $10 , 000 in materials alone which, because of the unfinished state, is subject to ruin from exposure to the weather. Mr. Ladeira is not contesting the drainage fees or his obligation to pay them. He has simply found himself in a most difficult position. Because of an initial misunderstanding on his part, he invested time, money and effort in construction. He cannot proceed with the construction and risks the total loss of the work done so far - all because he is unable to immediately pay the substantial drainage fees . The purpose of this letter is to request a waiver of the County' s requirement of one lump-sum payment in full of the remaining drainage fee as a prerequisite to obtaining the required building permit. Mr. and Mrs. Ladeira request that they be permitted to pay said drainage fees in several partial payments, preferably over a period of twelve months. Your prompt consideration and response to this request will be greatly appreciated. Very truly yours, TREMBATH, McCABE, SCHWARTZ, EVANS & LEVY Professional Law Corporation Arlene Segal AS: jhw cc: Mr. and Mrs. Richard Ladeira CONIRA COSTA COUNTY PLANNING DEPARTML14f APPROVED PERMIT APPLICANT: Frank Bellecci APPLICATION NO. 2111-84 1820 Galindo Street ASSESSOR'S PARCEL NO. 037-100-027 on Concord, CA 94522 OWNER: Stonegate ZONING DISTRICT: L-I Post Office Box 69 Oakley, CA 94516 EFFECTIVE DATE: July 27, 1984 This matter not having been appealed within the time prescribed by law, a permit for a trucking yard. :s hereby granted, subect to the attacked co.^,ditions. ANTHONII DEH S Dir or of Planning BY: _ arv6 E. Brag n, Ac g Zoning Administrator Unless otherwise provided, THIS PERMIT WILL ONE YEA from the effective date, if the use allowed by this permit is not established within that time. PLEASE NOTE THE EFFECTIVE DATE, as no further notification will be sent by this office. EXHIBIT CONDITIONS OF APPROVAL FOR 2111-84: 1. This permit is approved for a trucking yard. ;The permitted use shall be limited to the I western portion of the property as denoted on plans received by the Planning Department May 3, 1984. 2. Landscaping shall be provided at the driveway entrance area and along the frontage of the property having a depth of not less than 10 feet. 3. Prior to establishment of the permitted use, a landscape and irrigation plan shall be submitted for the review and approval of the Zoning Administrator providing for type, size and location of planting. Landscaping shall be installed piror to establishment of permitted use. All trees shall be a minimum 15 gallon size, shrubs shall be a minimum 5 gallon size. 4. The perimeter of the developed site shall be bounded by a chain-link fence with redwood slat inserts along the frontage section. 5. Except for the area reserved for landscaping, the area of the truck yard shall be covered with gravel. 6. Any lighting shall be screened from illuminating nearby properties. 7. Comply with the requirements of the Public Works Department as follows: A. Unless exceptions are specifically granted, comply with the requirements of Division 1006 (Road Dedication and Setbacks) of the County Ordinance Code. This includes the following: 1 . Convey to the County, by Offer of Dedication, 10 feet of additional right of way on Live Oak Avenue as required for the planned future width of 60 feet. 2. Construct curb, 4-foot 6-inch sidewalk , necessary longitudinal and transverse drainage, and necessary pavement widening on Live Gak Avenue. The face of curb shall be located 20 feet from the centerline of the street. 3. Install street lights on Live Oak Avenue. The final number and location of the lights will be determined by the Traffic Engineer. 4.. Relinquish abutter' s riqhts of access along Live Oak Avenue with the exception of one accessway as shown on the site plan submitted with this application. B. In accordance with Section 82-2 .014 of the County Ordinance Code, this development shall conform to the requirements of Division 914 (Drainage) of the Subdivision Ordinance. EXHIBIT 2111-84 pg. 2 C. The following exception to Division 1006 is permitted for' this project: 1. Section 1006-2.402, "Requirements - Generally", provided a deferred improvement agreement is executed requiring the owners of the property involved in Permit 2111-84 to: a. Construct curb, 4-foot 6-inch 'sidewalk,, necessary longitudinal and transverse drainage, and pavement widening on Live Oak Avenue. The face of curb shall be located 20 feet .from the centerline. b. Install street lights on Live Oak Avenue. The final number and location of the liqhts will be determined by the Traffic Engineer. C. Submit improvement plans at the time the Deferred Improvement Aq_reement is called up to the Public Works Department, Laid Deve ooment Division, for review; rxay the inspection fee, plan review fee and applicable lighting fees. " D. Install all new utility distribution services underground. E. Submit improvement plans prepared by a registered civil engineer to the Public Works Department, Land Development Division, for review; pay the inspection and plan review fees. These plans shall include any necessary traffic signing and striping plans for review by the County Traffic Engineer. The improvement plans shall be submitted to the Public Works Department, Land Development Division., prior to the issuance of any building permit. The review of improvement plans and payment of all fees shall he completed prior to the clearance of any building for final inspection by the Public Works Department. If final inspection is requested prior to construction of improve- ments, the applicant shall execute a road improvement agreement with Contra Costa County and post the bonds required by the agreement to guarantee completion of the work. F. Obtain an encroachment permit from the Public Works Department, Land Development Division, fur construction of driveways or other improvements within the right of way of Live Oak Way. G. Storm waters originating from the site .shall be detained on the subject property. H. Developer shall pay 20% of the total drainage fee for drainage area 29H based on the total area used, or a minimum area of 2 acres , whichever area is greater. I . Dedicate a 14-foot wide drainage easement along the easterly property line, and 25-feet wide temporary construction easement adjacent to the 14-foot easement, for the installation of the proposed DA 29H 72-inch storm drain line. EXHIBIT 2111-84 pg. 3 J. Submit a metes-and-bounds description and a plat, prepared by a licensed land surveyor or registered civillengineer, for the above-mentioned drainage easements to the Public Works Departmento Land Development Division, for review and the preparation of instruments . K. the above instruments will be prepared by the Public Works Department, Land Development Division, upon request by the applicant and submittal of a current title report on the affected property. THE FOLLOWING STATEMENT 15 NOT A CONDITION OF APPROVAL, BUT IS ADVI- SORY IN NATURE ONLY: A. Building Inspection Department: A grading pernit is required. B. Environmental Health: Must comply with sewage disposal requirements. BD:plp9bLUP/isw 7/10/84 EA .•a e� er'r_ "• +.^+.•.-•+ r O d s«t C: • r.awe... 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Fw brat ti•.. �� � = w 1<0 3 -•J « p�: =�wr A,,,«r ^ . w+• OQOOOONOO` O.w000N00 OM4s Y 'r w•w0 ^jC+e F rOi C a iw•!OHO ^.wj ♦ y •a • • • • ♦ ••n j w a r r> w wr Mev• • . . . . ♦ r w r lr>O •�••wr - �-O r^wr Lrrp M1Ow a O i� .tl. ) O � T=•M1 v'T.. p w O O w www L O O w w r:a tl 4 i 6`w w .. `■ow �.A•o•M1e mow:;« rw:,s 's e. «#w a a - ro ro. - we ^n+w wTo• esn 4r.-.. s r•. ^caw era." • �^" ^o a� a4'aa raw.. ro ..rnr...+....w..- «- w d•a-... a4. i� e .0 ro sN^^ ra�.#..w�. •' oaw s w ew ...R .r,ars ...,.. ..r tee M.•.N ...• _aw !>_ 000000 OOOu• ONOO.d 00 .�.•ON . 1+w ^O#roe =w+sr wwwi i .•rwr#wi«+� wrt ww • • • • • ♦ • • • •t • • • • • •i r � r w " rfa EXHIBIT