HomeMy WebLinkAboutMINUTES - 07132010 - C.24RECOMMENDATION(S):
APPROVE a reimbursement agreement for $1,261,040 between the Contra Costa County
Flood Control and Water Conservation District (FC District) and O’Brien at Pacheco, LLC,
effective July 13, 2010, 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, Martinez area.
FISCAL IMPACT:
The reimbursement will be made from Drainage Area 57 (DA 57) funds, collected pursuant
to FC District Ordinance No. 88-86.
BACKGROUND:
O’Brien at Pacheco, LLC constructed off-site storm drain improvements, which are part of
Subdivision 8984. Subdivision 8984 is within unincorporated Martinez. The County’s
conditions of approval for Subdivision 8984 require O’Brien at Pacheco, LLC to install a
portion of the drainage facilities shown on the adopted Drainage Plan for DA 57.
The facilities were installed, and the cost
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 07/13/2010 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: Kara Schuh (925)
313-2179
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: July 13, 2010
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: EMY L. SHARP, Deputy
cc: Tim Jensen, Flood Control, Teri E. Rie, Flood Control, Kara Schuh, Flood Control, Adrienne Clark, Finance, Nelson Koen, O'Brien at Pacheco, LLC,
Catherine Windham, Flood Control
C. 24
To:Contra Costa County Flood Control District Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:July 13, 2010
Contra
Costa
County
Subject:Reimbursement Agreement with O’Brien at Pacheco, LLC for Drainage Area 57 Improvements, Martinez
area. (Drainage Area 57 Funds) Project #7538-6D8731
BACKGROUND: (CONT'D)
that O’Brien at Pacheco, LLC incurred to install these facilities exceeded the amount of
the drainage fee required by the drainage fee ordinance for DA 57 (FC District
Ordinance No. 88-86).
Since the FC District has a Drainage Plan and a Drainage Area Credit and
Reimbursement Policy (Policy) for DA 57, O’Brien at Pacheco, LLC has requested that
the FC District enter into this agreement, pursuant to the Policy. O’Brien at Pacheco,
LLC 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
a base period of 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 O’Brien at Pacheco, LLC, as required under the
Policy.
CHILDREN'S IMPACT STATEMENT:
ATTACHMENTS
Reimbursement Agreement with O'Brien at Pacheco, LLC