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Current Council Agenda and Past Meeting Information

CITY COUNCIL AGENDA ITEM NO. 5

Meeting Date: May 10, 2005

Subject/Title: Adopt a Resolution approving a Reimbursement Agreement with Contra Costa County Flood Control and Water Conservation District for Drainage Area 30C Facilities constructed by the City of Brentwood as a part of Lone Tree Way Widening, CIP Project No. 336-3127.

Prepared by: Engineering: P. Eldredge

Submitted by: Engineering: B. Grewal

RECOMMENDATION
Adopt a Resolution approving a Reimbursement Agreement with Contra Costa County Flood Control and Water Conservation District for Drainage Area 30C Facilities constructed by the City of Brentwood as a part of Lone Tree Way Widening, CIP Project No. 336-3127.

PREVIOUS ACTION
On February 25, 1992, by Resolution No. 92-11, City Council approved an agreement with Contra Costa County Flood Control and Water Conservation District for drainage fee Collection, right-of-way and maintenance for drainage areas 30B, 30C, 52A, 52B, 52C, 52D, 104, 105 and 106.

On September 24, 2002, by Resolution No. 2678, City Council approved the agreement with Brentwood Partners, LLC., to provide reimbursement for a portion of the Lone Tree Way Widening – Segment 2, between Empire Avenue and Fairview Avenue, CIP Project No. 336-3127.

On December 14, 2004, by Resolution 2004-291, City Council accepted improvements constructed as a part of Lone Tree Way Widening – Segment 2, CIP Project No. 336-3127 between Empire Avenue and Fairview Avenue.

BACKGROUND
Contra Costa County Flood Control and Water Conservation District has enacted by Ordinance, a drainage fee to be paid by developing properties. These fees fund necessary major drainage improvements that will be required due to increased impervious surfaces resulting from the new development. The Flood Control Ordinance allows for the construction of drainage facilities in lieu of fee payment, as well as reimbursement for facilities constructed at a cost greater than the amount of fees that would be due.

The City of Brentwood’s Lone Tree Way Widening – Segments 1 & 2 improvements, CIP Project No. 336-3127 (formerly known as the Northwest Quadrant Improvements) included the phased construction of major street, sewer, water, and storm drain facilities required to serve development of the Northwest Quadrant of the City. The drainage improvements constructed by the City of Brentwood qualify for reimbursement from the Flood Control District, and include the following quantities:

• 6,175 LF of 84”, 66” and 48” RCP storm drain main line including manholes and inlets and other appurtenant structures.
• Fairview Avenue detention basin: 11 acre basin, including spillway and outfall structures.

Upon approval by the City Council, the Reimbursement Agreement will be forwarded to the County for their approval, execution and reimbursement of funds to the City of Brentwood.

FISCAL IMPACT
Reimbursement from the County in the amount of $515,855.29 will be revenue into the Lone Tree Way Widening – Segments 1 & 2, CIP Project No. 336-3127 account, originally funded by facility fees.

Attachments:
Resolution
Reimbursement Agreement

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A REIMBURSEMENT AGREEMENT WITH CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FOR DRAINAGE AREA 30C FACILITIES CONSTRUCTED BY THE CITY OF BRENTWOOD AS PART OF LONE TREE WAY WIDENING, CIP PROJECT NO. 336-3127.

WHEREAS, Contra Costa County Flood Control and Water Conservation District on December 15, 1998, adopted Ordinance No. 98-57, establishing drainage fees for drainage area 30C; and

WHEREAS, Contra Costa County Flood Control and Water Conservation District Ordinance No. 98-57, allows for construction of drainage improvements in-lieu of fees and reimbursement for construction of drainage facilities from fees collected; and

WHEREAS, the City of Brentwood constructed drainage improvements as a part of Lone Tree Way Widening, CIP Project No. 336-3127; and

WHEREAS, the City constructed drainage improvements are eligible for reimbursement from Contra Costa County Flood Control and Water Conservation District.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve a Reimbursement Agreement with Contra Costa County Flood Control and Water Conservation District for drainage improvements constructed as a part of Lone Tree Way Widening, CIP Project No. 336-3127.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 10th day of May 2005 by the following vote:

CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT

REIMBURSEMENT AGREEMENT FOR CONSTRUCTION OF
DRAINAGE AREA 30C FACILITIES
AS PART OF CAPITAL IMPROVEMENT PROJECT NO. 336-3127

1. PARTIES. Effective ____________________________, the Contra Costa County Flood Control and Water Conservation District, a body corporate and politic of the State of California, (hereinafter called "DISTRICT"), and the City of Brentwood, a California municipal corporation (hereinafter called “CITY”) mutually agree as follows:

2. INTRODUCTION.

A. CITY is installing a portion of the drainage facilities shown on the adopted Drainage Plan for Drainage Area 30C as part of CITY Capital Improvement Project 336-3127.

B. The cost to install these facilities exceeds the amount of drainage fees collected by CITY through Assessment District 2002-1 and as required by the drainage fee ordinance for said drainage area, Ordinance No. 98-57.

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, CITY has requested that the DISTRICT enter into this agreement with CITY, pursuant to said policy.

3. TERMS. DISTRICT shall reimburse CITY for eligible costs exceeding the amount of fees collected by CITY 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 DISTRICT or CITY.

6. CONFORMANCE TO PLANS AND SPECIFICATIONS. The drainage facilities covered by this agreement shall be installed in conformance with the plans and specifications prepared by CITY and reviewed by DISTRICT. DISTRICT shall be under no obligation to perform under this agreement unless the Regional drainage facilities are accepted by DISTRICT.

7. HOLD HARMLESS. CITY 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 CITY's installation of the drainage facilities.

8. NON-RESPONSIBILITY OF DISTRICT. The installation of drainage facilities covered by this agreement is the sole responsibility of CITY, except for the normal inspection provided by the DISTRICT. DISTRICT assumes no responsibility whatsoever for construction procedures and methods utilized by CITY 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 CITY submits to DISTRICT acceptable evidence that CITY 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 CITY 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 CITY concerning payment or reimbursement for costs of installing the drainage facilities exceeding the required drainage fees.

B. If, after the expiration of the time described in Section V.B. of Exhibit “A”, CITY has not received the total reimbursement amount, CITY 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 WATER CONSERVATION DISTRICT

By ______________________________________

Chair of the Board of Supervisors, as governing body of the Contra Costa County Flood Control and Water Conservation District

ATTEST:
John Sweeten, Clerk of the Board of Supervisors and County Administrator

By __________________________________
Deputy Clerk

RECOMMENDED FOR APPROVAL:
Maurice M. Shiu
Chief Engineer

By __________________________________

APPROVED AS TO FORM:
Silvano B. Marchesi
County Counsel

By __________________________________
Deputy

Exhibit "A" - Drainage Area Credit and Reimbursement Policy
Exhibit "B" - Calculation of Reimbursement Amount

G:\GrpData\FldCtl\DA\Agreements\Brentwood\ReimbAgrmtBrentwood30C.doc

CITY OF BRENTWOOD

By: __________________________________
Mayor

ATTEST:

By:_______________________________
City Clerk

APPROVED AS TO FORM:

By: ______________________________
City Attorney
 

City Administration
City of Brentwood City Council
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Brentwood, CA 94513
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E-mail allcouncil@brentwoodca.gov