HomeMy WebLinkAboutMINUTES - 09092014 - C.27RECOMMENDATION(S):
ADOPT Resolution No. 2014/322 to authorize: (1) the County Counsel to initiate and prosecute legal action to
recover funds for completion of improvements for minor subdivision MS04-00012, originally subdivided by Oscar
A. Salazar and Oscar W.A. Dias, 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, Bay Point
area. (100% Developer Fees and/or Bond Proceeds)
FISCAL IMPACT:
100% Developer Fees and/or Bond Proceeds.
BACKGROUND:
On September 19, 2006, the Board approved a Subdivision Agreement with Oscar A. Salazar and Oscar W.A. Dias
for the installation of improvements for minor subdivision MS04-00012 in the Bay Point area. The subdivider did not
complete the subdivision improvements within the original two-year period allowed by the Subdivision Agreement or
within the two-year extension. 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
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
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: Stacey M. Boyd, Deputy
cc: D. Twa, County Administrator, Linda Wilcox, County Counsel, W. Lai, Public Works Dept., Eng. Svcs., J. La Rocque, Public Works Dept., Eng. Svcs.
C. 27
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 and prosecute legal action to recover funds for completion of improvements
for minor subdivision MS04-00012.
BACKGROUND: (CONT'D)
At this time, it is necessary that a lawsuit be promptly filed against the subdivider (Oscar A. Salazar and Oscar
W.A. Dias) 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. 2014/322 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. 2014/322