HomeMy WebLinkAboutMINUTES - 04152003 - C19 TO: Board of Supervisors
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: April 15, 2003
SUBJECT: Authorize the Public Works Director, or designee, to arrange for the correction of
improvements, and AUTHORIZE County Counsel to secure funds for correction of
improvements for Subdivisions 7597 and 7152, Bay Point area. (District V)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
AUTHORIZE the Public Works Director, or designee, to pursue correction of improvements at
Subdivisions 7597 and 7152 in the Bay Point area.
AUTHORIZE County Counsel to secure funds for correction of improvements at Subdivisions 7597
and 7152 by proceeding against parties responsible for the planning, design, and/or construction of
the public facilities within these two subdivisions.
FISCAL IMPACT:
Legal action may enable the County to secure payment from third parties for defects in improvements
at Subdivisions 7597 and 7152.
Continued on Attachment: SIGNATURE:
ECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
.jeAPPROVE THER
r
SIGNATURE(S):
ACTION OF BOA N APRIL 15, 2003 APPROVED AS RECOMMENDED,x OTHER
I hereby certify that this is a true and
correct copy of an action taken and
entered on the minutes of the Board
VOTE OF SUPERVISORS
XX UNANIMOUS(ABSENT- None of Supervisors on the date shown.
AYES: NOES:
ABSENT: ABSTAIN:
DISTRICT III SEAT VACANT ATTESTED: APRIL_ 15, 2003
JOHN SWEETEN, Clerk of the
Orig.Div: Public Works(ES) Board of Supervisors and County
Contact: Brian Balbas(313-2284)
cc: Public Works -Accounting Administrator
-M.Carlson,Construction
-Design
Administrator
Auditor-Controller
County Counsel By Deputy
BB:rm
G:\GrpData\EngSvc\BO\2003\5-06-03\SUB 7597 and 7152 BO.doc
SUBJECT: Authorize the Public Works Director, or designee, to arrange for the correction of
improvements, and AUTHORIZE County Counsel to secure funds for correction of
improvements for Subdivisions 7597 and 7152, Bay Point area. (District V)
DATE: April 15, 2003
PAGE: 2
BACKGROUND:
On April 23, 2002, the Board adopted a resolution authorizing the Public Works Director to arrange
for completion of improvements, and authorizing County Counsel to secure funds for the completion
of improvements, in Subdivision 7737 in the Bay Point area.
Pursuant to the resolution, the County commenced litigation against the subdivider of Subdivision
7737, Kaufman and Broad of Northern California, Inc., and two surety companies, to enforce the
terms of a performance bond and make the funds available to complete the improvements. During
the course of the litigation, information has surfaced regarding alleged defects in materials used in,
and the construction of, roads in Subdivisions 7597 and 7152, also in the Bay Point area.
The Board accepted the improvements related to Subdivisions 7597 and 7152 as complete on
August 6, 1996 and April 19, 1994, respectively. Based on this acceptance, the County has
maintained the improvements since that time. The extent of the damages caused by the above
referenced defects is currently being assessed. If the County does not proceed against the parties
responsible for these damages, the County may incur as yet undetermined costs to correct these
improvements in the future.
Based on the foregoing, the Public Works Director recommends that the Board (1) authorize the
Public Works Director, or designee, to pursue correction of the above improvements and (2)
authorize County Counsel to secure funds for correction of the improvements by proceeding against
the parties responsible for the planning, design and/or construction of the public facilities within these
two subdivisions.
CONSEQUENCES OF NEGATIVE ACTION:
Negative action related to this recommendation may result in the county's inability to secure funding
from third parties to correct defects in improvements within the two subdivisions.