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HomeMy WebLinkAboutMINUTES - 09092014 - C.26RECOMMENDATION(S): ADOPT Resolution No. 2014/321 to authorize: (1) the County Counsel to initiate and prosecute legal action to recover funds for completion of improvements for minor subdivision MS05-0005, originally subdivided by Thomas A. Halaszynski, as recommended by the Public Works Director; and (2) the Public Works Director to arrange for completion of the subdivision improvements and to use any recovered funds for that purpose, Walnut Creek area. (100% Developer Fees and/or Bond Proceeds) FISCAL IMPACT: 100% Developer Fees and/or Bond Proceeds. BACKGROUND: On September 23, 2008, the Board approved a Subdivision Agreement with Thomas A. Halaszynski for the installation of improvements for minor subdivision 05-0005 in the Walnut Creek 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 the subdivision improvements. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/09/2014 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS Contact: Jocelyn La Rocque, 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: September 9, 2014 David Twa, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: D. Twa, County Administrator, L. Wilcox, County Counsel, W. Lai, Public Works Dept., Eng. Svcs., J. LaRocque, Public Works Dept., Eng. Svcs. C. 26 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:September 9, 2014 Contra Costa County Subject:Authorize County Counsel to initiate & prosecute legal action to recover funds for completion of improvements of minor subdivision MS05-0005. BACKGROUND: (CONT'D) At this time, it is necessary that a lawsuit be promptly filed against the subdivider (Thomas A. Halaszynski) and the subdivider’s bonding company (Indemnity Company of California) to protect the County’s time for taking legal action on the Subdivision Agreement and the bond. The Public Works Director recommends that the Board adopt Resolution No. 2014/321 to authorize: (1) the County Counsel’s Office to initiate and prosecute litigation against the subdivider, the bonding company, and any other responsible parties to recover funds for completing the subdivision improvements; and (2) the Public Works Director to arrange for completion of the subdivision improvements and to use any recovered 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. ATTACHMENTS Resolution No. 2014/321 Resolution No. 2014/321