HomeMy WebLinkAboutMINUTES - 11271990 - 1.3 3
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: November 27, 1990
SUBJECT: Approve Refund of $119,660 to Seimens Medical Laboratory, Inc. from Trust Account
Number 8242.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION
I. Recommended Action:
Approve the refund of $119,660 ($100,607 plus accrued interest) in traffic mitigation fee to
Seimens Medical Laboratory, Inc. from the Central County subarea of the Countywide Area of
Benefit for work that was completed prior to payment of fee. (Trust Account 8242).
II. Financial Impact:
There will be a reduction of $119,660 from Trust Fund 8242, and no impact to the General
Funds.
III. Reasons for Recommendations and Background:
On January 17, 1989 the Board of Supervisors heard and denied the appeal of Seimens Medical
Laboratory, Inc. for payment of the Countywide Area of Benefit traffic mitigation fee. The fee was
collected in August 1988 when Seimens Medical laboratory applied for a building permit to
construct a new facility in the North Concord Area. This area was originally annexed to the City
of Concord. A lawsuit was filed against the annexation. During the course of the lawsuit,
annexation was voided. Because of this, the building permit was applied for from the County
instead of the City of Concord.
Continued on Attachment: x SIGNATURE:
_ RECOMMENDATION OF COUNTY ADMINISTRATOR
_ RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER _
VOTE OF SUPERVISORS
✓ UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN: I hereby certify that this Is a true and correct copy of
an action taken and enterw on the minutes of the
MMS:eh Board of Supervisors on the date shown.
c:602711.t11 ATTESTED: NOV 2 7 1990
PHIL BATCHELOR.Clerk of the Board
Orig. Div: Public Works (R/E) of Supervisors and County Administrator
cc: Roger Gilchrist, Accounting
Steve Jepsen, City of Concord �' ` '"'" a�' "hr
M. J. Pritchet
/.3
Approve Refund of $113,597 to Seimens Medical Laboratory, Inc.
November 27, 1990
Page 2
In denying the appeal, the Board also directed Public Works Department to work with the City
of Concord to determine the responsibility of traffic signals, if required, in the North Concord
area and to negotiate with Seimens Medical Laboratory a possible credit for mitigation
improvements already provided by the Bedford Corporation, the developer of the subdivision.
When the development report for the Countywide Area of .Benefit was prepared, the North
Concord area was either in the City of Concord or participated in the Bates Avenue Assessment
District for street improvements. In accordance with established Board policy, this area was
excluded from the development potential calculation, and traffic mitigation projects in this area
were not included in the proposed program. On this basis, the Board determined that the fees
collected should be used to pay for our responsibility, if any, for traffic mitigation in the North
Concord area.
We have been working with staff from the City of Concord and the completion of a mitigation
program in North Concord is near. In the meantime, we have also determined that $100,607 of
the fee, or $119, 660 including accrued interest, should be credited to Seimens Medical
laboratory, Inc. for mitigation improvements already made by the developer, Bedford
Corporation.
IV. Consequences of Negative Action:
None.