Monday, 14 December 2009 23:21

Sutter Creek Attorny Says Gold Rush Agreement May Need Work

sutter_creek_attorney_says_gold_rush_agreement_may_need_work.pngAmador County – Sutter Creek City Council earlier this month received recommendation of approvals by the city’s attorney, provided staff work was done according to council requests. City Attorney Dennis Crabb in a memo December 1st recommended approvals. He said to “staff’s knowledge, the only 2 outstanding issues” are “phasing” and the “length of the trail system.” Consultant Anders Hauge (How-Ghee) has said developers (Bill Bunce, John Telischak and Troy Claveran) likely would give 8.4 miles of trails. On phasing, Crabb said “there have been 3 separate discussions,” “all with somewhat different outcomes,” and “whatever the final result, appropriate language will be needed in both the specific plan and the development agreement.” He said the first discussion ended with language saying “the city desired improvements” including “golf course, hotel, commercial, park and trails” to be completed and “operational in the first phase and that no construction would be allowed on Phase 2 until Phase 1 was complete.” Crabb said in a later “council discussion, staff understood that was to be modified to say that so long as the city desired improvements were completed as required, the developer could proceed with backbone infrastructure in Phase 2, even though Phase 1 was not fully built out.” Crabb said “it was taken by some from that discussion that Phase 3 could not be commenced until Phases 1 and 2 were built out.” He said “staff took it to mean that so long as the city desired improvements were complete, and the necessary backbone infrastructure to support development was fully installed, the developer could proceed with whatever Phase the market would support.” Crabb said if staff was correct, there was no need to change related Phasing language, and “if not, further council direction is necessary.” Crabb said a final version of the “Development Agreement” for Gold Rush included “10 outstanding issues that were identified at the September meeting.” He said “broad outlines of the agreement have not changed, but the details have been worked and reworked.” Elements include a 15-year “vesting of project rights” with a 5-year possible extension. Developers must also “design and build a tertiary sewer treatment plant at its expense” for current and future demands; $1 million for open space; and formation of a “community facilities district” to offset all city service costs. Phasing language in the agreement says “the level and type of development within any approved phase will be at the developer’s discretion.” Crabb said if that was not correct, revisions were needed. Crabb recommended adopting an ordinance approving the development agreement, if all changes are correct. Story by Jim Reece This email address is being protected from spambots. You need JavaScript enabled to view it.