HomeMy WebLinkAboutMINUTES - 11122013 - C.12RECOMMENDATION(S):
AUTHORIZE the County Counsel’s Office to initiate and prosecute litigation to secure funds for completion of
improvements for Subdivision 03-08811 in the El Sobrante area (District I), as recommended by the Public Works
Director; and
AUTHORIZE the Public Works Director to arrange for completion of the subdivision improvements and to use the
secured funds for that purpose.
FISCAL IMPACT:
Costs will be covered by developer bond proceeds.
BACKGROUND:
On December 4, 2007, the Board approved a Subdivision Agreement with Christine Lee for the installation of
improvements for Subdivision 03-08811 in the El Sobrante area. The subdivider did not complete the subdivision
improvements within the two-year period allowed by the Subdivision Agreement. Despite various notices from the
Public Works Department, neither the subdivider nor the bonding company has subsequently completed
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2013 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Julia R. Bueren, (925)
313-2201
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 12, 2013
David Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie L. Mello, Deputy
cc: Julia R. Bueren, David Schmidt
C. 12
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:November 12, 2013
Contra
Costa
County
Subject:Approve Litigation to Secure Funds for Completion of Improvements; Authorize to Arrange for Completion of
Improvements for Subdivision 03-08811
BACKGROUND: (CONT'D)
the subdivision improvements.
At this time, it is necessary that a lawsuit be promptly filed against the subdivider (Christine Lee) and the
subdivider’s bonding company (SureTec Insurance Company) to protect the County’s time for taking legal action on
the Sudivision Agreement and the bond. The Public Works Director recommends that the Board authorize: (1) the
County Counsel’s Office to initiate and prosecute litigation against the subdivider, the bonding company, and any
other responsible parties to secure funds for completing the subdivision improvements; and (2) the Public Works
Director to arrange for completion of the subdivision improvements and to use the secured funds for that purpose. If
the litigation is successful, the funds obtained from the subdivider and the bonding company would be made available
for installation of the subdivision improvements.
CONSEQUENCE OF NEGATIVE ACTION:
The time for filing litigation against the subdivider and the bonding company would likely expire and the County
would be unable to obtain funds for completing the subdivision improvements.
CHILDREN'S IMPACT STATEMENT:
Not applicable.