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C.11

To:	Contra Costa County Flood Control District Board of Supervisors
From:	Julia R. Bueren, Public Works Director/Chief Engineer
Date:	November 3, 2009

Contra

Costa

County

Subject:

Reimbursement Agreement with William Lyon Homes, Inc. for Drainage Area 52C Improvements. (Drainage Area 52C funds) Project No. 7571-6D8703

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 11/03/2009

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Gayle B. Uilkema, District II Supervisor
Mary N. Piepho, District III Supervisor
Susan A. Bonilla, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:	Tim Jensen (925) 313-2390
cc:	Jorge Hernandez, Flood Control Lorilynn Crews, Finance Jeff Frankel, William Lyon Homes, Inc.

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 date shown.
ATTESTED: November 3, 2009
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

APPROVE a reimbursement agreement for $173,710 between the Contra Costa County Flood Control and Water Conservation District (FC District) and William Lyon Homes, Inc., effective November 3, 2009, and AUTHORIZE the Chair, Board of Supervisors, as governing board of the Flood Control and Water Conservation District, to execute the agreement on behalf of the FC District, Brentwood area.

FISCAL IMPACT:

The reimbursement will be made from Drainage Area 52C (DA 52C) funds, which were collected pursuant to FC District Ordinance No. 2001-09 and are currently collected pursuant to FC District Ordinance No. 2007-11.

BACKGROUND:

William Lyon Homes, Inc. constructed both on and off-site storm drain improvements, which are part of Subdivision 8424. Subdivision 8424 is within the jurisdiction of the City of Brentwood (City). The City’s conditions of approval for Subdivision 8424 require William Lyon Homes, Inc. to install a portion of the drainage facilities shown on the adopted Drainage Plan for DA 52C.

BACKGROUND: (CONT'D)

The facilities were installed and the cost that William Lyon Homes, Inc. incurred to install these facilities exceeded the amount of the drainage fee required by the drainage fee ordinance for DA 52C (FC District Ordinance No. 2001-09).

Since the FC District has a Drainage Plan and a Drainage Area Credit and Reimbursement Policy (Policy) for DA 52C, William Lyon Homes, Inc. has requested that the FC District enter into this agreement, pursuant to the Policy. William Lyon Homes, Inc. is entitled to reimbursement of the eligible drainage facility construction costs in excess of its drainage fees, as provided for in the Policy.

As stated in Exhibit “A” of the Agreement, the reimbursement obligation is effective for ten years (i.e., 40 quarters) from the date the first payment is made under the agreement.

CONSEQUENCE OF NEGATIVE ACTION:

The FC District will not reimburse William Lyon Homes, Inc., as required under the Policy.