HomeMy WebLinkAboutMINUTES - 11032009 - C.11RECOMMENDATION(S):
APPROVE a reimbursement agreement for $173,710 between the Contra Costa County
Flood Control and Water Conservation District (FC District) and William Lyon Homes,
Inc., effective November 3, 2009, and AUTHORIZE the Chair, Board of Supervisors, as
governing board of the Flood Control and Water Conservation District, to execute the
agreement on behalf of the FC District, Brentwood area.
FISCAL IMPACT:
The reimbursement will be made from Drainage Area 52C (DA 52C) funds, which were
collected pursuant to FC District Ordinance No. 2001-09 and are currently collected
pursuant to FC District Ordinance No. 2007-11.
BACKGROUND:
William Lyon Homes, Inc. constructed both on and off-site storm drain improvements,
which are part of Subdivision 8424. Subdivision 8424 is within the jurisdiction of the City
of Brentwood (City). The City’s conditions of approval for Subdivision 8424 require
William Lyon Homes, Inc. to install a portion of the drainage facilities shown on the
adopted Drainage Plan
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/03/2009 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Susan A. Bonilla, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Tim Jensen (925)
313-2390
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: November 3, 2009
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: EMY L. SHARP, Deputy
cc: Jorge Hernandez, Flood Control, Lorilynn Crews, Finance, Jeff Frankel, William Lyon Homes, Inc.
C.11
To:Contra Costa County Flood Control District Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:November 3, 2009
Contra
Costa
County
Subject:Reimbursement Agreement with William Lyon Homes, Inc. for Drainage Area 52C Improvements.
(Drainage Area 52C funds) Project No. 7571-6D8703
BACKGROUND: (CONT'D)
for DA 52C.
The facilities were installed and the cost that William Lyon Homes, Inc. incurred to
install these facilities exceeded the amount of the drainage fee required by the drainage
fee ordinance for DA 52C (FC District Ordinance No. 2001-09).
Since the FC District has a Drainage Plan and a Drainage Area Credit and
Reimbursement Policy (Policy) for DA 52C, William Lyon Homes, Inc. has requested
that the FC District enter into this agreement, pursuant to the Policy. William Lyon
Homes, Inc. is entitled to reimbursement of the eligible drainage facility construction
costs in excess of its drainage fees, as provided for in the Policy.
As stated in Exhibit “A” of the Agreement, the reimbursement obligation is effective for
ten years (i.e., 40 quarters) from the date the first payment is made under the agreement.
CONSEQUENCE OF NEGATIVE ACTION:
The FC District will not reimburse William Lyon Homes, Inc., as required under the
Policy.
ATTACHMENTS
Reimbursement Agreement wi William Lyon Homes, Inc.