Loading...
HomeMy WebLinkAboutMINUTES - 05161989 - IO.9 1.0. 9 ............. TO: Board of Supervisors , -- - FROM: INTERNAL OPERATIONS COMMITTEE DATE: May 8, 1989 `Y ST9------ SUBJECT: REIMBURSEMENT OF DRAINAGE AREA 56 EXPENSES TO THE EAST CONTRA COSTA TRANSIT AUTHORITY Specific Request(s) or Recommendations(s) & Background & Justification RECOMMENDATION: Remove this item as a referral to our Committee since the Board of Supervisors has already disposed of this item. BACKGROUND: This matter was originally considered by the Board of Supervisors on January 12, 1988 and was referred to the 1988 Internal Operations Committee. The item was never disposed of by the Committee and was referred to our Committee on January 10, 1989.In the meantime the Public Works Director filed the attached report with the Board of Supervisors and the Board approved the report on April 4, 1989,thus making moot the referral to our Committee. As a result, there is no longer any need for the item to be on referral to our Committee and we are, therefore, recommending that the item be removed as a referral to our Committee without further action by the Board of Supervisors. CONTINUED ON ATTAC NO SIGNATURE: ec mmen ion of C ty Administrator Recommendation of Board Committee Other: Signature(s): S NNE WRIGHT McPE K Action of Board o : May 16, 1989 Approved as Recommended x Other. Vote of Supervisors I HEREBY CERTIFY THAT THIS IS A TRUE AND X Unanimous(Absent ) CORRECT COPY OF AN ACTION TAKEN AND Ayes: Noes: ENTERED ON HE MINUTES OF THE BOARD Absent: Abstain: OF SUPERVISORS ON DATE SHOWN. cc: County Administrator ATTESTED leo it /?I 9 Public Works Director PHIL BATC19LOR,CLERK OF THE BOARD SUPERVISORS AND COUNTY ADMINISTRATOR BY: Deputy Clerk clvm:eh(io9.bo) --0011 TO: BOARD OF SUPERVISORS, AS GOVERNING BOARD OF CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: J. MICHAEL WALFORD, CHIEF ENGINEER DATE: April 4, 1989 SUBJECT: Board Referral of February 7 , 1989 - Drainage Reimburse- ment - East Contra Costa Transit Authority SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION I. Recommended Action: 1. ACCEPT this report by the Chief Engineer on the January 26, 1989 letter from East Contra Costa Transit Author- ity, and 2 . REAFFIRM' the Board's. action of March 22 , 1988 , adopting the Credit and Reimbursement Policy for Drainage Area 56 (East Antioch Creek) , and 3 . DIRECT the Chief Engineer to notify the Transit Author- ity on an annual basis the financial status of Drainage Area 56 with regard to available funds and- the amount of reimbursements made during the previous year. II. Financial Impact: The agreement provides for reimbursement of $224 , 295 . 60 to the East Contra Costa Transit Authority by Drainage Area 56. Cont'd on Attachment:-Z-- yes Signature: Recommendation of County Administrator Recommendation of Board Committee Approve Other Signature(s) Action of Board on Approved as recommended �_ Other Vote of Supervisors X_ Unanimous (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 APR 4 1989 PHIL BATCHELOR, Clerk of the Board of Supervisors and er� County Administrator BY 4ym" DEPUTY Orig. Div: Public Works (FCE) cc: County Administrator County Counsel Transit Authority (via P/W) Auditor-Controller Public Works Dept. (Accounting & FCE) Clerk of Board D. Heisch - Ref11 III. Reasons for Recommendations and Background: On January 12 , 1988 , the Board considered the concerns expressed by the East Contra Costa Transit Authority refer- ence the 40 quarter payback limitation in the Drainage Area 56 Drainage Fee Credit and Reimbursement Policy. The Board referred the matter to the Internal Operations Committee. At the Committee meeting it was decided to revise the policy to stipulate that the 40 quarters would not start until the first reimbursement payment was made. The original policy started the 40 quarters upon execution of the agreement. The revised policy was approved by the Board on March 22 , 1988 . On January 26, 1989, the Board referred to the Chief Engineer a letter from the Transit Authority indicating their desire to address the Board regarding their concern that the 40 quarter time limit could be started with a minimal payment and no subsequent quarterly payments would follow. we have discussed the matter with Anne Drew, the Manager of the Transit Authority. The only option open to the Transit Authority is to not execute the agreement until they feel comfortable that sufficient drainage fees will be collected during a 40 quarter time period to insure full reimburse- ment. It is proposed that we annually notify them of our financial status and our ability to make reimbursement payments. In this fashion, they can execute the agreement at a time where we can make the first quarterly payment at least 50% of the amount reimburseable. It is recommended that the Board reaffirm the Credit-Reimbur- sement Policy adopted on March 22, 1988 (see attached) . IV. Consectuences of Negative Action: The Transit Authority will not have an approved reimbursement agreement. JMW:MFK: rs BO:ccta.t2 EXHIBIT A 0RAINAGE FEE CREDIT AND REIMBURSEMENT POLICY DRAINAGE AREA 56 (ANTIOCH) The following policy adopted on June 16, 1987, 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. 82-10 for Drainage Area 56. GENERAL: To provide adequate facilities into which the required subdivision drainage facilities can be discharged, it is necessary that improvements, either interim or ultimate, be made to the East Antioch channel and to the detention basins. Due to a shortage of funds the money to construct these improvements will have to be advanced by developers. The advance cash payment of fees shall be equal to 35 percent of the drainage fees due on the development. The advance cash payment shall be made in the same manner as that specified by the Drainage Fee Ordinance for the payment of drainage fees. I. Eligible Reimbursement Items A. Developers making cash fee advance and 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 140 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. 5. Cash advance of 35% of the drainage fees due to provide construction funding of the major channel element (East Antioch Creek) of the drainage plan. 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. 1 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 82-10 for Drainage Area 56 and within the limits specified in 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 reimburse- ment on the amount of the eligible costs determined by Section I. above, in excess of the drainage fee due as follows: Cash Advance: 100% Group A: 100% (One Hundred Percent) for off-tract work. Group B: 50% (Fifty Percent) for in-tract work. 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. The cash advance required in Paragraph 1A(5) is excluded from this calcula- tion. B. The reimbursement shall be subject to the following limitations: 1. Reimbursements shall be paid only from drainage fees collected under Ordinance No. 82-10. 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 not more than eighty (80) percent 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 awed to all parties) is greater than $5,000. 5. No reimbursement payment shall be made until loans from governmental agencies has been made. 6. No reimbursement payment shall be made on Group A and B installations until the cash advance portion of the outstand- ing reimbursement agreement have been paid. 7. Reimbursement agreements shall remain in effect for 40 annual quarters: The first quarter shall be the one following the quarter in which the first reimbursement payment is made. Any outstanding balance owed at the end of the 40 quarters shall be waived by the developer. IV. ale 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. The time constraints on repayment on reimbursement repayment imposed by Paragraphs 4 and 5 shall not extend the 40 quarter period as defined in Paragraph 6. 2 DRAINAGE FEE CREDIT AND REIMBURSEMEVr IKPIEMqTATION DRAINAGE AREA 56 EXAMPLE 1 A. ASSUMPTION 1. Development is creating 70 residential sites having lot areas between 7,000-,7,999 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 = (70 lots x $1,360/lot) + (60 lots x $620/lot) Fee Due = $95,200 + $37,200 Fee Due = $132,400 D. CALCULATION OF REIMBURSEME14 ' Cash Fee Advance $ 46,340 Eligible Costs Group A $100,000 Eligible Costs Group B S50,000 Total Eligible Costs $196,340 Less Fee Due $132,400 $63,940 Ratio of Group A, Group B to total Eligible Costs (Policy Section III.A.) $100,00 2 50,00 1 Therefore, the excess is prorated 2/3 to Group A and 1/3 to Group B Cash Advance @ 100% $ 46,340.00 Group A Reimbursement = (100%) ($17,600) (2/3) _ $ 11,733.33 Group B Reimbursement = ( 50%) ($17,600) (1/3) _ $ 2.933.33 Total Amount of ReimburVment would be $61,006.66 RSC:sj RSC:DA56ReimPol 3