HomeMy WebLinkAboutMINUTES - 09101996 - SD5 TO: BOARD OF SUPERVISORS
FROM: Gayle Bishop, Supervisor District III
DATE: September 10, 1996
SUBJECT: Status Implementation of Conditions of Approval for the Bettencourt Modified
Final Development Plan #DP953003
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)& BACKGROUND AND JUSTIFICATION
CONSIDER status of the implementation of conditions of approval for the Bettencourt modified final
development plan #DP953003.
Background
On July 17, 1996 the Board approved the modified final development plan for the Bettencourt
subdivision #DP953003 subject to conditions of approval. Residents have raised concerns regarding
non-compliance with these conditions. In particular, cul-de-sac improvements and landslide repairs
were to begin by September 1 and be completed by October 15. As of September 1, the improvement
plans have not yet been submitted to Community Development for approval.
Fiscal Impact
None
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURR.(S) :
ACTION OF BOARD ON S P n t e m h e r 1n , 1 qQ H APPROVED AS RECOMMENDED-OTHER---X-
See
ECOMMENDEDOTHER_See attached addendum.
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
UNANIMOUS (ABSENT ) AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE SHOWN.
AYES:I III IV V NOES: None
ABSENT: T TABSTAIN: N n P ATTESTED S Pmt pmbE r 10 '
1996
PHIL 8AT %LOR, CLERK OF THE BOARD OF
n b SUPERVISORS AND COUNTY ADMINISTRATOR
B WR/ ,DEPUTY
ADDENDUM TO ITEM SD.5
September 10, 1996
Supervisor Bishop requested that the Board consider the status of the
implementation of the Conditions of Approval for the modified Final
Development Plan for Bettencourt subdivision, #DP3003-95. She noted
construction of the cul-de-sac was to begin, the fence was to be constructed, and
the Bettencourt Homeowner's Association anticipated receiving $107,000
compensation for not building the trails.
Dennis Barry, Community Development Department, commented on the
cul-de-sac plans. He stated application has been made for a grading permit, but
the permit has not been issued.
Bob Drake, Community Development Department, informed the Board
that there is not a requirement in the Conditions of Approval for the grading
plans to be referred to adjoining property owners.
Discussion followed regarding timetables for completion of the cul-de-sac.
And the following speakers addressed the Board:
Julia Durmas, 807 Buckingham Pl., Danville;
Richard Case, 1159 Cheshire Circle, Danville;
Bob Perussina, 842 Buckingham Pl., Danville;
Tom Mulvihill, 4490 Fleetwood Rd., Danville;
Shelia Savage, 4484 Fleetwood Rd., Danville;
Nancy Mulvihill, 4490 Fleetwood Rd., Danville;
Michael Rupprecht, Dame' Construction Company, P. O. Box 1007, San
Ramon.
All persons desiring to speak having been heard, Supervisor Bishop
expressed her concern regarding other conditions that may not have been met.
She urged Dame' Construction Company to pay the compensation to the
Bettencourt Homeowner's Association, and reiterated that it must be done before
approval of the Final Map.
Supervisor Rogers requested clarification on the $107,000 compensation
monies.
Dennis Barry responded to Supervisor Rogers' request.
Supervisor DeSaulnier advised that all of the conditions should be strictly
adhered to, and agreed that there be a meeting between all the parties and a
report to the Board on the results of that meeting.
1
Supervisor Bishop proposed that Dame' Construction Company be
prepared to pay the trail monies owing to the Bettencourt Homeowner's
Association at that meeting, and Supervisors DeSaulnier and Torlakson
concurred.
Supervisor Bishop moved that this matter be placed on the consent
calendar for September 24, 1996, for an update, pending a possible agreement
with all the parties at the September 16, 1996, meeting at 1:30 p.m. in the 2nd
Floor Conference Room, 651 Pine Street, Martinez.
2
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f, Recorded at the request of:
RECORDED AT REQUEST OF
Contra Costa County FOUNDERS TITLE CO.
Flood Control and Water
Conservation District
Return to, AT O'CLOCK /M.
G
Contra Costa County CONTRA COSTA COUNTY RECORD:
Public Works Department AUG 28 1990 STEPHEN L. WEIR
Real Property Division 1FEE $ COUNTY RECORDER p
255 Glacier Drive J
Martinez, CA 94553
Attention: Gus Kramer
LO
Portion of Assessor's Parcel No. 220-060-008
Title Co. Order No. 873698
GRANT DEED
For Value ReceivedGDAME CONSTRUCTION COMPANY, INC.,
GRANTS to
'CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT,
a political subdivision of the State of California,
the following described real property in the unincorporated area of the County of Contra
Costa, State of California,
FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART
HEREOF.
GRANTOR: Dam6 Construction Co., Inc.
Date July 18 , 1990
Name/Title Carl D. Dame ' , President
STATE OF CALIFORNIA On this... 18th ...,...day of......... July .,,... ,in the year
CONTRA COSTA ss. 19 9 0 ..........................before me,
COUNTY OF..CONTRA ............................................
.........rail_. I . V�atki.ns.....,,a Notary Public,State of California,
duly licensed and sworn,personally appeared..................................
Carl D. Dame '
..................................................................................
personally known to me(or proved to me on the basis of satisfactory evidence)
T)resiclent
to be the person who executed the within Instrument as.
............ ........
OFFICIAL SEAL or on behalf of the corporation therein named and acknowledged to me that
GAIL I.WATKINS such corporation executed the within instrument pursuant to its by-laws or a
i' :Nmlycloc
ARY PUBLIC-CALIFORNIANTRA COSTA COUNTY resolution of its board of directors.
omm.Expires Apr.Z9.1994 IN WITNESS WHEREOF I have hereunto set my hand and affixed
my official seal in the. . . . ... .. . ..I.......I...... .County of. ...................
Thq duoumenli5only.general form h,Ch may De wooer for uw,n Ymple Contra CostaAhde e se orth�a+bove In hir/ertiricate.
Iran S.Cl.pnS arW m no way dCIS.or i5 mtende010.CI.as a SUDSIn UIe for me / / 1�N,`
adv-ce of a,.ananey The or,nter does not mate any.armory enner e.oress or,mol,eo as fo me C//�/
:rgal vand,ty of any provision or Int,su,faoarty or mese forms in any soecn,c ,ansacr,on
State of California
Cowdery's Form No. 28— Acknowledgement to Notary Public— Notary Public. a Q
Corporation IC. C. Secs. 1190-1190.11—tRev. 1%83f My commission expires April 29 , 1 94
/ dv7 R . 9/
DETENTION BASIN
(BETTENCOURT RANCH)
EXHIBIT "A"
A portion of Section 31 TA.S., RA E., Mount Diablo Meridian, Contra Costa County,
California described as follows:
m
Commencing at the northwest corner of Parcel "A" as shown on Subdivision MS 166-77
filed May 31, 1978 in Book 66 of Parcel Maps at page 22, records of said County; thence
along the westerly line of said Parcel "A", south 0°52'11" west 353.53 feet to the northerly p
line of Camino Tassajara Road as shown on sheet 14 of 15 of Subdivision 7188 filed
March 12, 1990 in Book 342 of Maps at page 42, the Point of Beginning; thence from
said Point of Beginning along the northerly line of Camino Tassajara Road north 88053'04"
west 391.37 feet and westerly along a tangent curve, concave to the south, having a c�
radius of 2064.20 feet, through a central angle of 1059'55" an arc distance of 72.00 feet;
thence leaving said northerly line of Camino Tassajara Road, non-tangent to said curve
radially north 0052'59"west 161.93 feet; thence north 38052'35"west 100.00 feet to a point
on a non-tangent curve from which a radial line bears north 38052'35" west; thence
northeasterly along said curve, concave to the northwest, having a radius of 561.00 feet,
through a central angle of 13°19'30" an arc distance of 130.47 feet; thence tangent to said
curve north 3747"55" east 119.31 feet; thence northeasterly along a tangent curve,
concave to the southeast, having a radius of 239.00 feet, through a central angle of
18042'02" an arc distance of 78.01 feet; thence north 56029'57" east 78.47 feet; thence
northeasterly along a tangent curve, concave to the northwest, having a radius of 261.00
feet through a central angle of 26030'00" an arc distance of 120.72 feet; thence north
29059'57" east 82.92 feet to a point on a non-tangent curve from which a radial line bears
south 89000'59" east; thence northeasterly along said curve, concave to the southeast,
having a radius of 175.00 feet, through a central angle of 57°53'10" an arc distance of
176.80 feet; thence tangent to said curve north 58°52'11" east 55.00 feet to the westerly
line of said Subdivision MS 166-77 (66 PM 22); thence along said westerly line south
0°52'11" west 865.13 feet to the Point of Beginning
Containing an area of 6.295 acres of land, more or less.
Bearings are based on the California Coordinate System Zone III (C.C.S. 27)
RZ:drg
c\ex:detbasin
July 17, 1990
VOTE OF SUPERVISORS
✓ UNANIMOUS (ABSENT )
AYES: NOES: t",° y,
I hereby certify that ttis Is a irue and correct coptilof
ABSENT: ABSTAIN: an action taken and entered on the minutes of the
Board of Supervisors on the date shhown.'' -• ?k
GK:peo ATTESTED: UL-1SF' .199n- _
C:B01210.t7 PHIL BATCHELOR,Clerk of the Board
Orig. Div: Public Works (R/P) of Supervisors and.Cauntv�Adminlstrator
cc: County Administrator
Auditor-Controller (via R/P)
P. W. Accounting
k_-Aecorder (via R/P)
END OF DOCUMEWT
f
BTU' BOARD OF SUP.—MORS, as the Governing Body c... W- ontra Costa County Flood
Control and Water Conservation District J
• L
FROM: J. MICHAEL WALFORD, CHIEF ENGINEER
DATE: July 10, 1990
SUBJECT: Bettencourt Basin Project, Danville Area
Project No.: 7581-6DB466 Task: ACID Account: 3540
c
SPECIFIC REQUESTR OR RECOMMENDATIONS) &BACKGROUND AND JUSTIFICATION
C:
I. Recommended Action:
A. APPROVE Right of Way Contract and ACCEPT Grant Deed from Dam6 Construction
Company, Inc.
B. AUTHORIZE Chief Engineer to execute said Right of Way Contract on behalf of the
District.
C. APPROVE payment of $460,000 for said property rights and AUTHORIZE the Auditor-
Controller to issue a check in said amount payable to Founder's Title Company, Escrow
No. 873698, to be forwarded to the Real Property Division for delivery.
D. DIRECT the Real Property Division to have the above referenced Grant Deed recorded
in the office of the County Recorder.
II. Financial Impact:
Payment of $460,000 from Drainage Area 101 funds.
111. Reasons for Recommendations and Background:
These property rights are required for the Flood Control facility project in accordance with
approved plans and specifications.
IV. Consequences of Negative Action:
The project will not have sufficient land rights to allow construction in accordance with the
approved plans and specifications.
Continued on Attachment: SIGNATURE:
_ RECOMMENDATION OF COUNTY ADMINISTRATOR
_ RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON JUL 10 1990 APPROVED AS RECOMMENDED OTHER _
VOTE OF SUPERVISORS
✓ UNANIMOUS (ABSENT 1
AYES: NOES:
1 hereby certify that tt is is a true and correct copy of
ABSENT: ABSTAIN: an action taken and entered on the minutan of the
Board of Supervisors on the date shown.
�J
GK:peo ATTESTED: .� . n iggn
C:601210.t7 PHIL BATCHELOR,Clerk of the Board
Of Supervisors and County Administrator
Orig. Div: Public Works (R/P)
cc: County Administrator %7�2(, .� �,..�1 ,Ve"
Auditor-Controller (via R/P)
P. W. Accounting `'9(
k--Aecorder (via R/P)
E'JU OF t)0LlJN1E1dT
Bettencourt Ranch Homeowners Association
P.O. Box 2152, Danville, CA 94526
Voice Mail 355-2599 ext 14 - Julia Durmis
Dear Honorable Supervisors:
It is our understanding that tomorrow an agenda item has been scheduled for
review of delinquent Dame' and Bettencourt Ranch not completed items. The
Homeowners Association will be present at this session. As we have spent
many dollars on legal counsel and many hours sitting in your chambers, we do
feel compelled once again to be present. Through our weekly phone calls, we
have tried to stay informed of the status of all issues affecting our Association
through the Planning Dept., Dennis Barry and Bob Drake. We also call Bryan &
Murphy, Pat Toohey and Gayle Bishop for status reports weekly. We have been
notified that Michael Rupprecht is the only Dame' attorney we are to contact. As
of Friday at 5PM our attorney had not been able to speak with him regarding the
behind schedule events.
The detention basin play area is not begun and final plans not submitted to the
HOA.
The $107,000 - for the trail, not claimed by the county and to be paid directly to
the HOA became delinquent 30 days after your motion, but in a public meeting in
Martinez we asked Michael Rupprecht if the signing of the Board order July 17
was the triggering event and he agreed it would be. Therefore this payment is
delinquent no matter which date you use and only the length of delinquency
changes.
Since your motion contained separate language to the bulbous turnaround and
the uncompacted soil repair from our settlement agreement made with Dame',
your dates have expired and we are questioning the delinquency of his
performance in this area.
Included are two letters documenting a meeting in Martinez and a phone
conversation with Bob Drake to follow up some of the concerns of the HOA.
Neither follow-up letter was responded to by any party in receipt of the letters.
We do hope this discussion tomorrow can bring closure to some of these issues.
Thank you for your consideration in these important matters.
Julia Durmis
Bettencourt Ranch Director
TO: Planning Staff and Gayle Bishop
From: Julia Durmis
Bettencourt Ranch HOA
Once again thank you for the meeting today, July 18 to discuss the progress of
the Dame' /Bettencourt issues. Mr. Case, also in attendance for Bettencourt
HOA may provide further comment or amendment.
To confirm the comments of the day:
1. The wrought iron fence along Camino Tassajara will include pilaster at 80 foot
centers. The gauge and/or quality will be provided to the HOA prior to the
approval from county staff. The fence shall meet with the gate being installed by
the HOA. There are no monuments proposed by the HOA and the fence should
be completed in that area. The westerly side of Mansfield Drive shall have the
fence that was intended to extend from Mansfield Dr to the stone wall at 905
Chesterfield shall be relocated to be symmetrically designed to the eastern side
of Mansfield. Construction to begin 30 days after the final map.
2. The decorative fence around the detention basin would be acceptable to the
HOA as a simulated iron coming off a pilaster on the Camino Tassajara fence
and connecting to the most easterly bridge structure. The type of fence for the
balance of the fence would be considered with Fish and Game along with those
parties present today.
3. The specifications on the 2 bridges are to be provided to the HOA and the
Staff prior to the approval by the county.
4. American Disabilities Act should be met on these paths and bridges.
5. Header board is provided along the pathway in the descriptions on the last
page of the 6/18/96 drawings, but not in the pictures.
6. Guard rails near the retaining wall at the bridge area is not on the plans.
7. The pie shaped piece of property at the easterly corner abutting the Garrigan
lot will be resolved between Flood Control and the Public Works. The HOA will
not have any obligation to that piece of property.
8. Play equipment specifications will be provided by the HOA as the structure
currently on the property. Dame' will submitted a few choices of structures.
9. Not mentioned today, but provided for in our previous letters, some of the
planting material is unacceptable to the location and soil conditions and should
be substituted.
10. Specifically mentioned as to progress, was the caul-de-sac at the end of
Fleetwood. Staff reported that the HOA was not part of those conditions and
therefore were not sent copies of the plans. Staff would try and see that the HOA
be included in anything that pertained to the community in the future.
11. A certified Board order was provided to all present dated July 17, 1996.
Attorney for Dame', Michael Rupprecht was asked if the $107,000 payment was
triggered from this agreement and he agreed that it was. Dennis Barry confirmed
that the county had made no representation for that money.
Our follow - up will be presented as needed.
Julia Durmis
August 14, 1996
Bob Drake
Community Development
Dear Bob:
As per our conversation this AM, this letter is to confirm our conversation.
1. In reference to the construction of a bulbous turnabout at the end of
Fleetwood Road, the HOA has fulfilled its only part in the process by signing the
right-of-way for construction and engineering as requested by Dame'
Construction. The County does not require nor does it request any further
interaction from the HOA for the completion of the bulbous turnabout.
2. Pat Toohey of Dame' Construction has asked for a little more time in
providing the County with a completion date and detailed specifications in
reference to the tot lot and the bridges for the detention area improvement.
3. In reference to lot line adjustments, you stated all lot line adjustments pass
through your office. Mulvihill's were to provide records from their attorney to
document that the lot line adjustment had taken place in a court room, rather
than the manner of coming through your office. It has been over a month and Mr.
Nelson, attorney for the Mulvihill's has not returned your call.
Thank you for keeping the HOA apprised of the process and the development
plans that affect the Association.
Sincerely,
Julia Durmis, Secretary
Bettencourt Ranch
cc: Gail Bishop
Dennis Barry
Sean Absher