HomeMy WebLinkAboutMINUTES - 06032014 - C.38RECOMMENDATION(S):
ADOPT Resolution No. 2014/179 to authorize the Public Works Department to commence proceedings to revert
subdivision MS06-0022 to acreage, for a defaulted project subdivided by Mark Mushkat / Oscar LLC (subdivider),
and to authorize the County Counsel to file legal action against the subdivider, the surety (American Contractors
Indemnity Company), and any other responsible parties, Bay Point area. (100% Developer Fees and/or bond
proceeds)
FISCAL IMPACT:
100% Developer Fees and/or bond proceeds.
BACKGROUND:
On August 12, 2008 (Resolution 2008/570), the Board approved the recordation of Parcel Map and execution of the
Subdivision Agreement for Subdivision MS06-0022 and the associated subdivision bonds, the subdivider being Mark
Mushkat /Oscar LLC, for a two-lot split of a property located off Fairview Avenue near the intersection of Willow
Pass Road in the Bay Point area. The Subdivision Agreement required the developer to complete the improvements
within two years of execution. Subsequently, the Board has not approved any extensions to the Subdivision
Agreement.
To date, the subdivider has failed to
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 06/03/2014 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: Jocelyn LaRocque,
925-313-2315
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: June 3, 2014
David Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie L. Mello, Deputy
cc: Design/Construction Division, Dept. of Conservation & Development, Records, American Contractors Indemnity Co 1610 Arden Wy Ste 273 Sac, 95815
M. J. Beerhea, Samuel R. Rodriguez, 23 Fairview Ave., Bay Point, CA 94565, Mark Mushkat/Oscar, LLC 116 Laidley St., San Francisco, CA 94131
C. 38
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:June 3, 2014
Contra
Costa
County
Subject:Authorize the Public Works Department to commence proceedings of reversion to acreage; & County Counsel to file
legal action for Subdivision MS06-0022
BACKGROUND: (CONT'D)
install any of the road and drainage improvements required for the subdivision, and thus, is in default. The statute
of limitations for action under the Subdivision Agreement ends August of 2014. In accordance with the
Subdivision Map Act (Government Code Sections 66499.11 through 66499.20.1), a subdivided property may be
reverted back to acreage if certain criteria are met. Under Title 9, Division 924, of the County Ordinance Code,
proceedings for such reversion to acreage are heard by the Planning Commission.
The Public Works Department has attempted to resolve the default with the subdivider’s principal, Mr. Mark
Mushkat, sending a renewal notice on August 11, 2010, followed by a Notice of Default on September 20, 2011,
Second Notice of Default on October 18, 2011, and Last Notice to Take Legal Action on October 4, 2012. During
the notification process, Mr. Mushkat informed us that his two parcels were purchased at a foreclosure sale by Mr.
Samuel Rodriguez. Public Works staff has contacted both Mr. Mushkat and Mr. Rodriquez (letters dated
November 15, 2012 and July 30, 2013) and has met with both parties with their respective representatives to
suggest an extension to the Subdivision Agreement, which would give Mr. Mushkat or Mr. Rodriguez more time
to install the subdivision improvements. However, to date, neither party has taken action to renew the agreement
or install the improvements, and the Subdivision Agreement remains in default. Both parties have been notified
that, with a defaulted agreement and no installation of improvements, the subdivision is subject to reversion to
acreage.
The reversion process would re-merge the two parcels into one parcel, with the ownership of the resulting
property being under the current owner, Mr. Rodriguez. The process would be completed in accordance with the
Subdivision Map Act (Government Code Sections 66499.11 through 66499.20.1) and Title 9, Division 924, of the
County Ordinance Code. Since the County’s time to take legal action against the subdivider (Mark Mushkat /
Oscar LLC), the surety (American Contractors Indemnity Company), and any other responsible parties under the
Subdivision Agreement and subdivision bonds is scheduled to expire before reversion-to-acreage proceedings
could be completed, it is also recommended that the Board authorize the County Counsel to take legal action
against those parties to compel installation of the subdivision improvements and to recover all costs of installing
the subdivision improvements and/or reverting the subdivision to acreage.
CONSEQUENCE OF NEGATIVE ACTION:
The statute of limitations to file legal action under the subdivision agreement and subdivision bonds would
probably expire, potentially resulting in the required private improvements not being installed for the two-lot
subdivision and the County having no means to compel installation of the required improvements or to recover the
costs of installing the subdivision improvements and/or reverting the subdivision to acreage.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
ATTACHMENTS
Resolution No. 2014/179
C.38