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HomeMy WebLinkAboutMINUTES - 09272011 - C.07PDF Return C. 7 To: Contra Costa County Flood Control District Board of Supervisors From: Julia R. Bueren, Public Works Director/Chief Engineer Date: September 27, 2011 Contra Costa County Subject:Reimbursement Agreement with William Lyon Homes, Inc., and Alves Ranch, LLC for Drainage Area 48B Improvements, Pittsburg area. Project # 7574-6D8718 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/27/2011 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 Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact:Teri Rie (925) 313-2363 cc:Teri Rie, Flood Control Adrienne Clark, Finance Catherine Windham, Flood Control Tim Cotton, Willliam Lyon Homes, Inc. 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: September 27, 2011 David Twa, BY:Stacey M. Boyd , Deputy RECOMMENDATION(S): APPROVE a reimbursement agreement for $3,117,924 between the Contra Costa County Flood Control and Water Conservation District (FC District) and William Lyon Homes, Inc., and Alves Ranch, LLC, effective September 27, 2011, as stated in Exhibit “C” of the Agreement, 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, Pittsburg area. (Drainage Area 48B funds) FISCAL IMPACT: The reimbursement will be made from Drainage Area 48B (DA 48B) funds, which are collected pursuant to Contra Costa County Ordinance No. 2002-28. BACKGROUND: William Lyon Homes, Inc., and Alves Ranch, LLC constructed off-tract storm drain improvements, which are part of Subdivisions 8448 and 9235. Subdivisions 8448 and 9235 are within the jurisdiction of the City of Pittsburg (City). The City’s conditions of approval for these subdivisions required the developers to install a portion of the drainage facilities shown on the adopted Drainage Plan for Drainage Area 48B. The facilities were installed per the approved plans. The cost to install these facilities exceeded the amount of the drainage fee required by the drainage fee ordinance for DA 48B (Contra Costa County Ordinance No. 2002-28). Since the FC District has a Drainage Plan and a Drainage Area Credit and Reimbursement Policy (Policy) for DA 48B, William Lyon Homes is entitled to reimbursement of the drainage facility construction costs in excess of its drainage fees, as provided for in the Policy. As stated in Exhibit “C” of the agreement, the reimbursement obligation is effective for a base period of ten years (i.e., 40 quarters) from the date that the first payment is made under the agreement. CONSEQUENCE OF NEGATIVE ACTION: The FC District will not reimburse William Lyon Homes, as required under the Policy. CHILDREN'S IMPACT STATEMENT: Not applicable. AgendaQuick©2005 - 2021 Destiny Software Inc., All Rights Reserved