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HomeMy WebLinkAboutMINUTES - 11022004 - C7 C.7 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on NOVEMBER 02, 2004 , by the following vete: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER ABSENT: NONE ABSTAIN: NONE SUBJECT: REIMBURSEMENT OF FUNDS FOR IMPROVEMENTS COMPLETED ON STATE ROUTE 4, BYRON HIGHWAY AND POINT OF TIMBER ROAD DISCOVERY BAY AREA FOR RA 02-01128. RELISTED: CONTINUED ON NOVEMBER 30, 2004 1 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 02, 2004 John Sweeten, Clerk of the Board Of Supervisors and County Administrator Fay: zvki5t ..-- eputy Clerk \ SF TO: BOARD OF SUPERVISORS t,�r FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: November 2, 2004 SUBJECT: Reimbursement of funds for improvements completed on State Route 4, Byron Highway and Point of Timber Road,Discovery Bay area for RA 02-01128. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(Sl: Authorize the Public Works Director,or designee,to reimburse Hofmann Land Development Company the amount of$1,039,608.07 with funds from the Discovery Bay West Project Traffic Mitigation Fee(Fund 139200,Org 0682) for work completed along State Route 4, Byron Highway and Point of Timber Road. These intersection improvements are eligible for reimbursement according to Condition of Approval #52C6)b4 and 52E7)c of Subdivision 8570. FISCAL IMPACT: There is no impact to the General Fund. The County has not funded any of the improvements related to this action. The improvements were conditioned of the developer and completed by the developer with oversight by the County. Upon approval by the Board of Supervisors,the amount of$1,039,608.07 will be reimbursed from the Discovery Bay West Project Traffic Mitigation Fee. Continued on Attachment: SIGNATURE: vRECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE '�4E"PROVE OTHER SIGNATURE (S): ACTION OF BO�Rp ON_._ - APPROVED AS RECOMMENDED XX OTHER 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 VOTF.OF SUPERVISORS date shown. UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: ATTESTED: JOHN SWEETEN, Clerk of the Board of G.\Grpbeta\EngSvc1,6012004\1 1-02-04\RA 02-01128 Ordendoc Orig.DIS: Public Works(PS) Supervisors and County Administrator Contact: Chris Lau (313-2293) cc: Accounting Transportation Engineering—Warren Lai Robert Henry Hofinann Land Development Company 1380 Galaxy Way,Concord,CA.94522 By Deputy SUBJECT: Reimbursement of funds for improvements completed on State Route 4, Byron Highway and Point of Timber Road,Discovery Bay area for RA 02-01128. DATE: November 2, 2004 PAGE: 2 BACKGROUND/REASON(S) FOR RECOMMENDATION(S): State Route 4, Byron Highway and Point of Timber Road intersection improvements were constructed by Hofmann Land Development Company under SUB 8570 as a condition of approval. The Board of Supervisors accepted these improvements as complete on.June 22, 2004. Condition of Approval #52C6)b4 states that 100%of these improvements are eligible for reimbursement from the East County Regional Area of Benefit, although these improvements do not appear on the project list for this area of benefit. Therefore, the only available funding source for reimbursement would be the Discovery Bay Nest Project Traffic Mitigation Fee, which was set up for future mitigations related to project traffic impacts and allowed for in Condition of Approval#52E7)c. The reimbursement amount was determined based on three independent bids of actual construction costs. The lowest bid, which was reviewed and approved by the Public Works Department, is the basis for the reimbursement. Hofmann Land Development Company will be reimbursed for the amount over their fair-share. Therefore, 83% of the project costs will be reimbursed to Hofmann Land Development Company, including miscellaneous developer costs up to 14% of the construction contract amount. Upon approval by the Board of Supervisors, the amount of$1,039,608.07 will be reimbursed from the Discovery Bay West Project Traffic Mitigation Fee. CONSEQUENCES OF NEGATIVE ACTION: If the action is not approved, Hofmann Land Development Company will not be reimbursed. CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT APPROVED PERMIT V/ APPLICANT: Hofmann Const. APPLICATION NO. SD968023 P. O. Box 907 (Phases II, Ill, Concord, CA 94522 & IV of SD917686 9 13oz5 Pr ASSESSOR'S PARCEL NO. 011-240-001 011-270-005 011-230-010 & -015 011-220-023 015-160-001 & -002 OWNER: Edna M. Fallman ZONING DISTRICT: P-1 P. O. Box 126 Concord, CA, 94522 APPROVED DATE: 815/96 EFFECTIVE DATE: 8/19/96 This is to notify you that the East County RegionslPlann4 Commission has granted your request for a Final Development Plan and Subdivision, subject to the.attd6Kd conditions. HARVEY E. BRA QDON,. Director Community Developme %Department By: Dennis Barry, Deputy Director PLEASE NOTE THE EFFECTIVE DATE, and be aware of the renewing requirements as no further notification will be sent by this office. The Clerk of the Board will provide you a copy of the Board Order with approved Conditions of Approval. Unless otherwise provided. you have 36 months from the approval date to file the FINAL MAP. yr5 29 �,C 5�C 2. Construct (on the north side) curb, 5-foot 6-inch sidewalks (width measured from curb face), necessary longitudinal and transverse drainage, street lighting, landscaping and irrigation with construction of the abutting portion of Village II. 3. The right of way line shall be located at least 10-feet behind the curb face(30' from centerline). 4. Provide necessary longitudinal and transverse drainage. $2 6) Point of Timber Road, Off-Site(west of Bixler Road): a. Point of Timber Road from Bixler Road to Byron Highway: 1. Submit improvement plans, pay inspection and plan review fees prior to 200th Building Permit. 2. Prior to issuance of the 300th Building Permit, widen and reconstruct, if necessary, Point of Timber Road to a 28-foot pavement width (two 14-foot lanes with 2-foot compacted shoulder backing and maintain ditch capacities. This work is intended to divert project traffic away from Balfour Road (EIR Mitigation Measure RMCir-21) (FINDING FOR IMPACT#50, M.M.B.c.) 3. The applicant with the cooperation and assistance of Public works shall provide additional right of way, if necessary, for the roadway and the ditch system, subject to the review and approval of Public Works. — b. Point of Timber Raid/Byron Highway/State Highway 4 Intersection Modifications: 1. Submit improvement plans, pay inspection and plan'review fees and apply for a Caltrans encroachment permit prior to issuance of the 400th Building Permit. 52 e G.. 2. Prior to the filing of the first final map for Village III, the applicant shall realign the Point of Timber Road - Byron Highway intersection and the Byron Highway - State Highway 4 intersection and install a traffic signal, subject to the review of Caltrans and the review and approval of Public Works (the Byron Highway improvements shall include 5- foot shoulders and channelization). j 30 52 C (,)6 3. The County at applicant's request shall acquire all additional right of way, if necessary for the roadway and the ditch system at applicant's expense. 4. One hundred percent of these intersection improvements and right of way acquisitions shall be eligible for reimbursement from the ECRAOB. 62 C 7) Project Improvements: i a. Prior to issuance of the first Building Permit, approval of the first set of improvement plans or first Final Map, install signage along: Balfour Road, Point of Timber Road,, and Marsh Creek Road westerly to State Highway 4, and along Bixler Road north of State Highway 4, to warn project traffic of farm vehicles and provide farm vehicle crossings (EIR Mitigation Measure RMCir-23) (FINDING FOR IMPACT 952, MMD.c.) s`z c. 8) Road Dedications and Reservations (for Public Roads): a. Bixler Road: Applicant shall convey to the County, by Offer of Dedication, the right of way necessary for at least the east half of the planned 84-foot right of way width along the frontage of Bixler Road. The eastern side of the right of way shall be increased at the project access points along Bixler Road to provide for channelization for turning movements to and from this development. The right of way line shall be located at least I0-feet from the curb face. Off-site, the applicant shall provide for adequate rights of way or easements for the proposed road improvements including the ditch systems, however, the County will conduct the acquisition e€ applicant's costs if applicant requests. 52 C. b. Point of Timber Road: Applicant shall convey to the County, by Offer of Dedication, an 80-foot right of way between Bixler Road and "D" Street. East of"D" Street, the applicant shall convey to the County, by Offer of Dedication, a 60-foot right of way, plus additional right of way for left turn channelization and conforms along the project frontage, where this development fronts on both sides of the road. Where this development only fronts on one side of Point of Timber Road, the applicant shall dedicate at least a 30-foot right of way (measured from the centerline of the existing right of way) (EIR Mitigation Measure RMCir-32). The right of way line shall be located at least 10-fent from the curb face, 46 52-9-6)e. The applicant shall participate in Contra Costa County's Sanitation District #19 adoption and implementation of a water supply monitoring and management program. (FINDING FOR CUMULATIVE IMPACTS ON WATER SUPPLY AND QUALITY, MM.c.) f The applicant shall submit the final groundwater monitoring plan for review by a reclamation District, if one exists, and the review and approval of the Zoning Administrator prior to beginning any construction that require dewatering to commence. g. Applicant shall complete and have fully operational the replacement for Well #4 prior to issuance of the first building permit. $2tf7) Reimbursement: a. Certain required road improvements may be eligible for credit or reimbursement against Area of Benefit fees. The developer shall contract the Public 'Works Department, Transportation Engineering Division, to verify the extent of any credit or reimbursement for which the applicant might be eligible. Prior to constructing any public improvements, of filing of any Final Map, the applicant shall execute a credit/reimbursement agreement with the County. No credit or reimbursement will be available for any improvements installed prior to execution of the credit/reimbursement agreement. Credit will only be given for monies that are,programmed with the next three fiscal years. Any credit or reimbursement shall be based on the cost estimates included in the Area of Benefit Development Program Report only in proportion to each specific Area of Benefit r improvement which the applicant is installing. b. The applicant is also eligible for reimbursement from adjacent and nearby future developments as outlined in E.7.c below. , If the applicant request reimbursement from the county from future development, the applicant shall be required to pay the County for administrative costs associated with these reimbursement agreements. The applicant shall pay the Public Works Department, Engineering Services Division, at least $1.000 or as necessary to cover expenses as they are incurred, whichever is greater, for administration costs for each reimbursement agreement. S2 e C. The applicant shall be eligible for the following reimbursement ✓✓✓✓ agreements: 47 * Should applicant install the State Highway 4/Bixler Read signalization and channelization improvements. The costs, above the applicant's 500/o obligation towards the traffic signal, are subject to reimbursement. These finds may be deposited by property owners at the intersection. * Installation of any frontage improvements along the frontage of the Evans's or other properties fronting on public roads. * Installation of off-site road improvements not covered by an area of benefit, but covered by the Project Traffic Mitigation Fee paid by the applicant and collected by the County, may be credited toward the applicants Project Traffic Mitigation Fee, subject to the approval of Public Works. The County will also cooperate with the applicant to "call" certain // Deferred improvement Agreements {DIAs} which may existing on surrounding properties to facilitate and expedite the construction of facilities whose installation is now justified. b'28} Miscellaneous. a. Prior to issuance of Building Permits, with the exception of model homes, file the Final Map. b. Improvement plans prepared by a registered civil engineer shall be submitted to the-Public Works Department, Engineering Services Division, along with review and inspection fees, and security for all improvements required by the Ordinance Code for the conditions of approval of this subdivision. These plans shall include any necessary traffic signage and striping plans for review by the Transportation Engineering Division. C. An encroachment permit for construction with the State right of way shall be obtained from Caltrans through the Public Works Department, Engineering Services Division. b)d. Obtain an encroachment permit from the Application and Permit Center for construction of driveways; or other improvements within the right of way of public roads which are to be improved with minor improvements not requiring an improvement plan.