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Home My WebLink AboutMINUTES - 06242008 - C.12 ✓ Contra TO: BOARD OF SUPERVISORS ��--�' `'�—�-�'`: FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR Costa01 DATE: June 24, 2008 '` ' �e A�'ko� Co County County SUBJECT: Approve the fifth Extension of the Subdivision Agreement for Minor Subdivision 90-00143, Walnut Creek area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): . ADOPT Resolution No. 2008/$ approving the fifth Extension of the Subdivision Agreement, Minor Subdivision 90-00143, project being developed by Todd Fujinaga, Walnut Creek area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): This project has not been completed, and the Subdivision Agreement has expired. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement extension will not be renewed. Continued on Attachment: SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR Z ECOMMENDATION OF BOARD COMMITTEE PPROVE _OTHER SIGNATURE (S): ACTION OF BOARD ON o APPROVEDXS RECOMMENDED OTHER vOT Of SUPERVISORS I hereby certify that this is a true and correct UNANIMOUS(ABSENT 1 copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. DS:jc G:\EngSvc\Forms\BO WORD\130-11 FORM.doex Originator: Public Works(ES) ATTESTED: 0 Contact: T.Ric(313-2363) cc: Public Works-Construction JOHN CULLEN, Clerk of the Board of Current Planning,Community Developmenti T-Ja„nary 5.2010 Superysors and County Administrator Todd Fujinaga DBA Arbol Via Owners a 158 East Jackson Street San Josc,CA 95112-5107 y , Deputy THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 24, 2008 by the following vote: AYES: Gioia,Uilkema,Piepho,Bonilla&Glover NOES: none ABSENT: none ABSTAIN: none I RESOLUTION NO. 2008/ 43S SUBJECT: Approving the fifth Extension of the . Subdivision Agreement for Minor Subdivision 90-00143, for project being developed by Todd Fujinaga, Walnut Creek area. (District III) The Public Works Director having recommended that he be authorized to execute the fifth agreement extension which extends the Subdivision Agreement between Todd Fujinaga and the County for construction of certain improvements in Minor Subdivision 90-00143, Walnut Creek area, through March 5, 2010; APPROXIMATE PERCENTAGE OF WORK COMPLETE: 0�10 ♦ ANTICIPATED DATE OF COMPLETION: December 2008 ♦ REASON FOR EXTENSION: The Subdivision Agreement has expired, and the project is not complete. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. Dsjc I hereby certify that this is a true and correct copy of an action taken G:\EttgSvc\Forms\BO WORD\130-I1 PORM.docx and entered on the minutes of the Board of Supervisors on the date Originator: Public Works(ES) Contact: '1'.Rie(313-2363) shown. cc: Public Works—Construction Current Planning,Community Development T—January 5,2010 ATTESTED: CrQ Todd Fujinaga JOHN CULLEN Clerk bf the Board of Supervisors and County DBA Arbol Via Owners 158 East Jackson Strect Administrator San Jose,CA 95112-5107 By ,Deputy RESOLUTION NO.2008/ CONTRA COSTA COUNTY SUBDIVISION AGREEMENT EXTENSION Development Number: MS 90-00143 Developer: Todd Fujinaga Original Agreement Date: March 5, 2002 Fifth Extension New Termination Date: March 5, 2010 Improvement Security Securily Type Security Amount Cash: $ 35,600.00 (Performance) $ 17,800.00 (Labor & Material) The Developer and the Surety desire this Agreement to be extended through the above date; and Contra Costa County and said Surety hereby agree thereto and acknowledge same. �^ Dated: Dated: A bj., . .- FOR CONTRA COSTA COUNTY Developer's Signa r (s) , public W s Director Jµ, ,m uu cn , J IN IrF �1 By: Printed U, Developer's Signat r (s) RECOMMENDED FOR APP L� By: Printed (Engin erin ervice ivision) Address (NOTE. Developer's, Surety's and Financial Institution's Signatures must be Notarized.) Surety or Financial Institution FORM APPROVED: Victor J. Westman, County Counsel Address After Ayyroval Return to Clerk of the Board Attorney in Facts Signature Printed (- bay-- � f . State of California ) County of Santa Clara ) On May 2, 2008 before me, T. Moralez , Notary Public (here insert name and title of the officer), personally appeared Todd Fujinaga, who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h d official seal. Signature (Seal) owAsa ion 0 17i� MLOMC;Olery Pueft•Co1110aft 1Mo ewe Cow* DOW11.E (notary)(12-07) CONTRA COSTA COUNTY REQUEST FOR SUBDIVISION AGREEMENT EXTENSION Development Number: MS 90-00143 If you were unable to complete your agreed to improvements within the one-year period originally granted by the Board of Supervisors in The Agreement, the County may grant you a one-year extension upon your written request. Please realize that you must complete your improvements in an expeditious manner, as unlimited extensions will not be granted. Please provide the reason why you need additional time to complete your improvements: Please provide your anticipated date of completion: Please provide your construction schedule: /o /()DQE .Please provide us with your Federal Tax ID Number. (It is mandatory that we have this number per Federal Tax Law for bonds and deposits that we refund.) Please identify any parcel numbers and owners of lots within the development: Use additional pages, if necessary) Assessor's Owner's Property Owner's Phone Parcel Number Name Address Address Number CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT ENGINEERING SERVICES DMSION COST AND TIME NOTIFICATION FORM Cost: The Public Works Department collects deposits for map checking, improvement plan review and inspection based upon a percentage of your Engineer's Cost Estimate and a calculated"average"of staff time required.These deposits are used to cover the costs accrued by our staff while processing your development. Yourfnal cost couldbe more orless than this averane. During the course of processing your development, there may be three (3) phases. I: Application, map checking, improvement plan checking or compliance with conditions of approval. Board Action: Formal approval and filing of the Final or Parcel Map and/or release of hold on building permits. (Note: Once your improvement plans are approved,your project immediately proceeds into the inspection phase whether or not construction actually begins, and all succeeding staff time is charged accordingly). II: Construction and inspection process. Board Action: Formal acceptance of constructed improvements. III: Warranty period if development includes construction of public improvements. Board Action:Confirmation of satisfied warranty period, exoneration of surety bond or letter of credit and return all remaining cash deposits. Prior to submitting anyitems to the Board of Supervisors for appro val, we will review your deposits and our staff charges.If the charges exceed your deposit,you will be billed for the difference.If the deposit on hand is less than our estimate of costs remaining,you will be required to increase your deposit. On completion of your project, we will refund any unused deposits. It is important that you understand that all staff time spent on your development, including time for writing letters, telephone calls, counter calls, bonding company inquiries, meetings, appeal processes, revisions, and related activities is charged against your deposit for each phase of development. The longer it takes to complete improvements, the more charges you will probably accrue. You can help to keep your inspection costs down by notifying the inspector in advance of your construction schedule and by,keeping the inspector informed of your progress. We cannot overstate the financial beneFts to you of constructina your improvements in a timely manner. Time: The time required to process your development through the Public Works Department can vary greatly depending on the complexity of the project,the surrounding environment(age and adequacy of existing infrastructure,etc.)and your turn around time. Average processing time is from 6 months to 2 years or more. Please allow for this time in your scheduling. Some factors affecting time are uncontrollable but others can largely be controlled by: 1) insuring that all submittals are complete; 2)addressing all comments from staff; 3) returning your corrected documents back to the Public Works Department as quickly as possible. Be aware that the rights given to you by your Tentative Map or permit are only good for a fixed amount of time. It is up to you to insure that all processing is complete before this time expires. Please contact your planner to insure that your rights are protected and that you will have adequate time for processing. Should you have questions about the development fees or process, please do not hesitate to contact your map or plan checker or the Engineering Services Division at(925) 313-2000. ........................................................................................ I have read, and understand that the cost for processing my development is based on actual time and materials spent by the County's staff during the processing and review of my development, and that I am responsible for paying all staff costs prior to any action by the Board of Supervisors. I also understand that processing can take a long time(6 months to 2 years or more)and it is my responsibility to insure that adequate time is allowed for processing and that any rights I may have are protected. &W (Signatut f eveloper) v 14S(Date) (Printed Name) Development Number (If time is of the essence for your development,your map check and/or improvement plan review may be placed on an accelerated schedule for 50%fee premium. For details of this premium processing service,please discuss this option with your map or plan checker.) G:\GrpData\EngSvc\Forms\LE WORD\LE-1 FORM.doc Updated 8/01