HomeMy WebLinkAboutMINUTES - 08161994 - S.2 TO: BOARD OF SUPERVISORS Contra
FROM: Supervisor Tom Torlakson / G`OS+a
Count
DATE: August ;16 , 1994 ; r y
SUBJECT: SERVICE AGREEMENT BETWEEN SANITATION DISTRICT NO. 19 AND CENTEX
REAL ESTATE CORPORATION
SPECIFIC REOUEST(S)OR RECOMMENDATION(S)A BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION: Consider authorizing the Chair, Board
of Supervisors, to execute a service agreement between Contra Costa
Sanitation District No. 19 and Centex Real Estate Corporation
Discovery Bay area (consider with Items 1 . 13, 1 . 14 and H. 3 ) .
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CONTINUED ON ATTACHMENT; YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON August 16 , 1994 APPROVED AS RECOMMENDED X OTHER X_
The following persons appeared to speak: David Lennon, representing the Hofmann
Co. , S-M. Skaggs , representing Centex, and Sherri Anderson, representing
San 19 and the Discovery Bay Municipal Advisory Committee. On recommendation of
Supervisor Torlakson, IT IS BY THE BOARD ORDERED that the above recommendation
is APPROVED; and the staff of CCC Sanitation District 19 and County Counsel are
DIRECTED to r.:esoa;ve the issue of capacity and to provide the Board with a
status report on September 13 , 1994 .
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
.X.UNANIMOUS(ABSE141., T , TTT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
cc: County Counsel
ATTESTED August 16 , 1994
CCC Sanitation District 19 PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPER ORS AND COUNTY ADIv�JNISTRATOR
BY 441 ,DEPUT
JPwHofmann BUILDERS AND DEVELOPERS
COMPANY 1380 GALAXY WAY • P.O. BOX 907 • CONCORD, CA 94522
(510) 682-4830 • FAX(510) 682-4771
August 15, 1994
Board of Supervisors
Contra Costa County
651 Pine Street
Martinez, CA 94553
Honorable Board Members:
On Tuesday, August 16th at 9:00 AM, you will be considering
Agenda Item S. 2 "a contract with Contra Costa Sanitation
District No. 19 & Centex Real Estate Corp. ". This proposed
agreement constitutes a Service Agreement for the provision
of water and sewer service and capacity to Centex's Pacific
Waterways project near Discovery Bay.
The Hofmann Company believes that portions of the agreement
are inappropriate, illegal, and generally inconsistent with
past practices of Sanitation District No. 19 and the rights
of New Discovery; Inc. , The Hofmann Company, and other
property owners in Discovery Bay.
New Discovery, Inc. and The Hofmann Company have
purposefully invested millions of dollars in planning,
designing, and otherwise creating utility capacity for
existing and future development in Discovery Bay and
Discovery Bay West. The agreement you will be considering
Tuesday proposes to commit utility capacity intended for
other purposes to the Centex development without addressing
the replacement of this capacity for the use of property
owners of Discovery Bay and Discovery Bay West for whom it
was intended. Additionally, the agreement, as presently
constructed, appears to convert the present system of permit
issuance to a first come, first served system which ignores
certain rights of access to sewage treatment plant capacity.
As can be confirmed by the District's staff and your County
Counsel, The Hofmann Company has articulated specific
objections to this service agreement during each of the
advisory committees and several meetings and telephone
conferences over the past several weeks. In that respect,
we request that all of those communications be made a part
of the record in this matter. During these presentations,
The Hofmann Company has substantiated its legal claims and
has actively sought an amicable resolution of this matter.
Without dedicating extensive space to repeating arguments
provided orally and in writing to District staff and
advisory committees, The Hofmann Co. requests that your
Board:
BOARD OF SUPERVISORS August 15, 1994 Page Two
I. Recognize that any capacity which presently exists
at the Discovery Bay Treatment Plant was created
at essentially the sole cost of the developers of
Discovery Bay. ( It is recognized that the
District may have invested nominal sums of money
towards the construction of facilities which
resulted in additional capacity being created. )
II. Recognize and confirm that The Hofmann Company has
a vested right to the developer created capacity
and surplus capacity at the treatment plant.
III. Assure that if and when any of the Centex units
are allowed to connect to the existing system, the
fees collected from the new users be placed in a
specific fund whose sole purpose is to replace the
treatment capacity the Centex units are using,
e. g. a treatment plant expansion fund.
IV. Guarantee that every existing and proposed
property within the present boundary of Discovery
Bay shall have guaranteed access, without cost, to
the treatment and water supply facilities of
District No. 19. ( It is understood that Discovery
Bay property owners will continue to pay
connection charges which will reimburse the
District for its cost in reviewing and inspecting
laterals and services. )
As we have stated on many previous occasions, it is not our
intent to impede Centex or anyone else's progress. We are
merely asking that we and the other future and present
property owners of Discovery Bay and the surrounding area be
treated fairly. We insist that the substantial investment
by The Hofmann Company and New Discovery, Inc. in providing
for future needs be recognized and that you cause District
No. 19 to establish the legally required funds and
safeguards to ensure that future needs are met.
Sincerely,
THE HOFMANN COMPANY
00
avid T. Lennon
Vice President - Land Development
DTL:satCCCBOSUP. DBW