Agenda

Return

C. 9

To:	Board of Supervisors
From:	John Kopchik, Director, Conservation & Development Department
Date:	October 18, 2022

Contra

Costa

County

Subject:

Tolling Agreement-Discover Builders

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 10/18/2022

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:

Maureen Toms, 925-655-2895

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: October 18, 2022
Monica Nino, County Administrator

BY:	, Deputy

RECOMMENDATION(S):

APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to enter into a tolling agreement amendment with Discovery Builders, Inc., and affiliated entities, and with Pacific West Communities, to toll the limitations period for potential litigation related to the May 24, 2022 approval of the Master Development Agreement and the Disposition and Development Agreement between the County and Pacific West Communities for the development of Ambrose Village/Orbisonia Heights, through January 28, 2023.

FISCAL IMPACT:

None

BACKGROUND:

On May 24, 2022, the Board of Supervisors approved (i) a Master Development Agreement (MDA) between the County and Pacific West Communities, Inc., for the development of approximately seven acres of County-owned property located between State Route 4, Bailey Road, East Leland and Ambrose Park in the unincorporated area of Bay Point with 384 multi-family residential rental units, a County-owned library and approximately 11,558 sq. ft. of commercial retail space in three phases, and (ii) a Disposition Development and Loan Agreement (DDLA), between the County and Pacific West Communities, Inc. or an affiliated limited liability company (the Borrower), for the sale of approximately 3.3 acres of the Property (Site A) for the development of 150 residential rental units and an approximately 20,000 square-foot library as the first phase of the development and the loan of $1,796,875 to the Borrower. On May 24, 2022, a California Environmental Quality Act (CEQA) notice of exemption was filed for the project.

Discovery Builders, Inc., and affiliated entities are property owners in the vicinity of the project site and have expressed concern about public safety. These parties are engaged in discussions with County staff and Pacific West Communities to try to resolve their concerns without incurring the cost and expense of litigation. The Board approved a tolling agreement on June 21, 2022 to toll (suspend), for 30 days, the statutory limitations period for filing a CEQA lawsuit against the County to July 28, 2022. On July 26, 2022, the Board approved an amendment extending the agreement through October 28, 2022. The purpose of the tolling agreement amendment is to allow the discussions among the parties to continue. The amendment would toll the statutory limitations period to January 28, 2023. Without the amending the tolling agreement, the statute of limitations for filing a CEQA lawsuit would expire on October 28, 2022.