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HomeMy WebLinkAboutMINUTES - 04251995 - 1.17 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on April 25, 1995 by the following vote: AYES: Supervisors Rogers, Smith, DeSaulnier, Torlakson, Bishop NOES: None ABSENT: None ABSTAIN: None SUBJECT: Authorizing the Public Works Director to Arrange for Completion of Improvements and release the developer from the requirement of the subdivision agreement, Subdivision MS 108-88, Alamo area. The Board on December 11, 1990, having approved a Subdivision Agreement with Robert D. Stratmore, effective December 11, 1990, for construction of certain improvements in Subdivision MS 108-88, Alamo area; and The Public Works Director having reported that an acceptable agreement has been arranged between the developer and the Public Works Department whereby the developer will release all deposited funds to the Public Works Department and the Public Works Department will use these funds to complete the improvements, all as described in the attached letters dated April 5, 1995 from the Public Works Department and from the developer; and The Public Works Director having recommended that pursuant to the before mentioned letters he be authorized to arrange for completing the work using the $1,000 cash deposit (Auditor's Deposit Permit No. 182002, dated November 21, 1990) and the $23,150 cash deposit (Auditor's Deposit Permit No. 182124, dated November 27, 1990) and any accrued interest; and The Public Works Director having recommended that the developer also be released from the obligations described in the subdivision agreement approved by the Board on December 11, 1990. IT IS BY THE BOARD ORDERED that the recommendation of the Public Works Director is APPROVED. I hereby certiy 00 fht fe a bw and am copy of an action taken and entered on the rninutes of the Board of Supervisors an the date Ili-n i ATTESTED: A_.Dr l 25, 1995 PHIL BATCHELOR,Clerk of the Board of Supervisors and County Adminlstrator Contact: Rich Lierly- 313-2348 Originator: Public Works (ES) By ,Deputy cc: Public Works -Accounting - Construction - Design Administrator Auditor-Controller County Counsel Robert D. Stratmore P.O. Box 232 Alamo, CA 94507 g:\engsvclbo\bo25.t4 q e, Contra Public Works Department P Michael Watford I' Public Works Director Costa. 255 Glacier Drive CountCount Martinez, California 94553-4897 Milton F. Kubicek y FAX: (510) 313-2333 Deputy-Engineering Telephone: (510) 313-2000 Patricia R. McNamee April 5, 1995 Deputy-Operations Maurice M. Shiu Deputy-Transportation Mr. Robert Strathmore S. Clifford Hansen P.O. Box 232 Deputy-Administration Alamo, CA 94507 RE: MS 108-88 Dear Strathmore: am writing to you as a follow up to my letter dated March 16, 1995. After meeting with Milton Kubicek, Deputy Public Works Director, and Henry Finch, Engineer, both with the County Flood Control District, it is our opinion that the improvement plans, developed by DeBolt Civil Engineering and stamped as reviewed by the County on December 20, 1990, are inadequate for the required creek bank stabilization. Moreover, it is our opinion that the work as shown on these plans could not be done without an Environmental Impact Report (EIR). The cost of an EIR is undeterminable but would probably be in the neighborhood of $10,000. Furthermore, the Fish and Game and Army Corps Permits, which would be required to construct the necessary creek improvements, would cost approximately $5,000 each.The entire construction costs for the creek bank stabilization along your minor subdivision frontage would be approximately $50,000, with permitting fees adding an additional $20,000, bringing the entire cost for creek bank stabilization to a total of $70,000. As you are aware, we are currently holding a cash bond for these improvements totaling $24,150 plus interest. This amount is obviously far short of the $70,000 that we feel it would actually cost to do this work. The Flood Control District also feels that the plans submitted by DeBolt Civil Engineering are inaccurate in that they do not show a sewer main which must be relocated along the creek frontage of MS 108-88. The cost for the sewer main relocation is estimated at $10,000. In the Flood Control District's opinion it would be more efficient to take the $24,150 plus interest you currently have on deposit and use it towards the area wide permits and plans to improve Miranda Creek. Therefore, if you are willing to relinquish the entire $24,150 plus interest to Contra Costa County to be used for the creek improvements, we would consider your subdivision improvements for Miranda Creek and Jennifer Lane as being satisfied. If you choose not to take this option then we must require that you submit revised improvement plans showing the relocation of the sewer main. These plans must be reviewed and approved by the Public Works Department. In addition, it would be required for you to obtain your own Fish and Game and Army Corps permits. However, it is of our opinion the most efficient remedy for this situation is for your cash bond to be added to the cost of the overall area wide improvements to Miranda Creek. If you agree with our conclusion, please submit a letter to Milton Kubicek, requesting that the County use the $24,150 cash bond plus interest (less $2,500 for Jennifer Lane improvements) for area wide improvements to Miranda Creek. If you have any questions, please feel free call me at 313-2348. Very tr , Ric ie Associate Civil Engineer Engineering Services Division RL:mw g:1engsvc\worMms108-88.t4 cc: M.Kubicek,Deputy Public Works Director M.Avalon,Engineering Services B.Faraone,Engineering Services H.Finch,Flood Control District R.Gilchrist,Accounting D.Schmidt,County Counsel Don Andres Contempo Reality 671 San Ramon Valley Boulevard Danville,CA 94526 APR-05-'95 WED 17:02 ID:00000000000000000000 TEL N0:510-935-4494 #405 P01 ROBERT D. STRATMORE P.Q. BOX 232 ALAMO, . CA, 94507 TEL. 935--7800 FAX. 935-4494 April 5, 1995 VIA FACSIMILE 313-2333 & U.S. MAIL RE- MS 108-88 Mx. Milton F. Kubicek Public Works Deputy Director-Engineering Contra Costa County Public Works Department 255 Glacier Drive Martinez, CA. 94553-4897 Dear Mx. Kubicek: Today, I received by facsimile a letter of even date from Mr. Rich Lierly, Associate Civil Engineer, Engineering Services Division, Contra Costa County Public Works Department with respect to the above-noted minor subdivision in Alamo. in addition to Mr. Lierly' s letter, attached also was a copy of a Memorandum dated April 4, 1995 from Mr. Lierly to Mr. Frank Lew, Director of Building Inspection Department. In Mr. Lierly's letter to me, he asked me to respond to you concerning the county's offer to me spelled out in Mr. Lierly' s letter of today regarding my agreement to hereby tender the cash bond of $24,150 plus interest (less a set-aside for Jennifer Lane improvements , to be completed by one or both of the buyers of parcels B and C, APN 192-280 -017 and 018, of $2 ,500 from my bond proceeds) . In exchange for my approval as outlined in Mr. Lierly' s aforementioned letter and this letter itself, the county will " . ..consider your subdivision improvements for Miranda Creek and Jennifer Lane as being satisfied. " I 'hereby accept the County ' s offer as outlined in the aforementioned letter received by facsimilie from Mr. Lierly today. Please confirm that you have received this acceptance letter, Thank you. Sincerely, 1 _ Robert D. Stratmore cc w/enc. Don Andres, Contempo Realty (By Fax)