HomeMy WebLinkAboutMINUTES - 11302004 - C.13 TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: November 30, 2004
SUBJECT: Accepting completion of private and public improvements and accepting completion of warranty
period and release of cash deposit for faithful performance, Minor Subdivision 89-00060.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2004/ 604 for Minor Subdivision 89-00060, accepting completion of private (Deer
Creek Drive)and public(widening of Alhambra Valley Road)improvements and accepting completion of warranty
period and release of cash deposit for faithful performance,being developed by John M. and Nancy L.DonKonics,
Martinez area. (District II)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The developer has satisfactorily installed the improvements as required in the improvement plans and in
conformance with the County Ordinance Code.
CONSEQUENCES OF NEGATIVE ACTION:
The improvements and warranty period will not be accepted as complete and the developer will not receive their
cash deposit as guaranteed by the Subdivisiar-Agrc e. nt. j¢^
Continued on Attachment:, SIGNATURE: ;
4-RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURES :4 `"_
ACTION OF BO ON NQ=ER .30, 2004 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
VOTE OF SUPERVISORS date shown.
xx UNANIMOUS(ABSENT NONE )
AYES: NOES:
ABSENT: ABSTAIN:
ATTESTED: NOVEMBER 30, 2004
JOHN SWEETEN, Clerk of the Board of
]D:im �r /-r
G:\GtpData\BngSvc\Bt7\2004\31-30-041MS 89-00060 Order.doc Supervisors and County Administrator
Orifi.Div: Public Works(ES)
Contact: Frank Navarro(313-2264)
I.D.573-58-3154
cc: Public Warks -T.Bell,Construction Div.
-M.Valdez,M&T Lab '
-H.Finch,Maintenance Div. By � , Deputy
-I.Bergeron,Mapping Div.
Sheriff-Patrol Div.Commander
CUP,c/o At
CSAR.-Ca2Yog
John M.and Nancy L.DonKonics
926 Deer Creek Drive
Martinez,CA 94553
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CONTRA COSTA Co Recorder Office
Recorded at the request of: STEPHEN L, WEIR, Clerk-Recorder
Contra Costa County DOC— 2004-0465319-00
Board of Supervisors Friday, DEC 03, 2004 10:18:31
Return to: FRE $0.00
Public Works Department
ET 41 Pd $0,00 Nbr-0002458377
Engineering Services Division
Irc/RS/1-3
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on November 30, 2004,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2004/ 604
SUBJECT: Accepting completion of private (Deer Creek Drive) and public (widening of
Alhambra Valley Road)improvements and accepting completion of warranty period
and release of cash deposit for faithful performance,Minor Subdivision 89-00060,
Martinez area. (District II)
The Public Works Director has notified this Board that the improvements in Minor
Subdivision 89-00060 have been completed as provided in the Subdivision Agreement with John M.
and Nancy L. DonKonics, heretofore approved by this Board in conjunction with the filing of the
Subdivision Map.
JD:rm
G:\GrpData\EngSvc\BO\2004\11-3004\MS 89-00060 BO-45.doe
Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an
Contact: Frank Navarro(313-2264) action taken and entered on the minutes of the Board of
Recording to be completed by COB
I.D.573-58-3154 Supervisors on the date shown.
cc: Public Works T.Bell,Construction Div.
M.Valdez,M&T Lab
H.Finch,Maintenance Div. ATTESTED: NOVEMBER 30, 2004
1.Bergeron,Mapping Div. JOHN SWEETEN Clerk of the Board of Supervisors and
Sheriff-Patrol Div.Commander '
CHP,C/o Al County Administrator
CSAA—Cartog
John M.and Nancy L.DonKonics
926 Deer Creek Drive
Martinez,CA 94553
By ,Deputy
RESOLUTION NO.2004/604
SUBJECT: Accepting completion of private (Deer Creek Drive) and public (widening of
Alhambra Valley Road)improvements and accepting completion ofwarrantyperiod
and release of cash deposit for faithful performance, Minor Subdivision 89-00060,
Martinez area. (District 11)
DATE: November 30, 2004
PAGE: 2
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of November 30,2004 thereby establishing the six-month terminal period for the filing of iens in
case of action under said Subdivision Agreement:
DATE OF AGREEMENT
March 26, 2002
BE IT FURTHER RESOLVED that the $27,050.00 cash security for labor and materials
(Auditor's Deposit Permit No. 338273,dated September 23, 1999)deposited by John DonKonics be
RETAINED for the six-month lien guarantee period until May 30, 2005, at which time the Public
Works Director is AUTHORIZED to refund the cash security less the amount of any claims on file.
BE IT FURTHER RESOLVED that the widening of Alhambra Valley Road is ACCEPTED
and DECLARED to be a County road; the right-of-way was conveyed by separate instrument,
recorded on April 4, 2002 , in Book 183 of Parcel Maps at Page 36.
The Board hereby FINDS that the improvements have satisfactorily met the
guaranteed performance standards for the period following completion and acceptance. NOW
THEREFORE BE IT RESOLVED that the Public Works Director is AUTHORIZED to refund the
$54,100.00 cash deposit (Auditor's Deposit Permit No. 338273, dated September 23, 1999) plus
interest to John M. and Nancy L.DonKonics in accordance with Government Code Section 53079(if
appropriate), Ordinance Code Section 94-4.406, and the subdivision agreement.
BE IT FURTHER RESOLVED that the warranty period has been completed and the
Subdivision Agreement is exonerated.
RESOLUTION NO. 2004/604