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C. 83

To:	Board of Supervisors
From:	John Kopchik, Director, Conservation & Development Department
Date:	September 15, 2015

Contra

Costa

County

Subject:

Dougherty Valley Affordable Housing Administrator Fee

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 09/15/2015

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Karen Mitchoff, District IV Supervisor

ABSENT:

Mary N. Piepho, District III Supervisor
Federal D. Glover, District V Supervisor

Contact:

Kristen Lackey (925) 674-7888

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: September 15, 2015
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

APPROVE and AUTHORIZE the Conservation and Development Director to execute any and all documents required to effectuate a settlement in the amount of $28,500 for administrative fees owed to the County by Contra Costa RE Investors (RE Investors) from May 2007 through May 2015 under a regulatory agreement and declaration of restrictive covenants.

FISCAL IMPACT:

No impact to the General Fund. Annual administrator fees are collected to cover the costs associated with compliance monitoring of regulatory agreements.

BACKGROUND:

Due to an administrative error, the fees required to be paid by RE Investors for the period May 2007 through May 2015, under a regulatory agreement and declaration of restrictive covenants between the County and RE Investors for the development known as Casablanca Condominiums, were not invoiced until recently. The amount due is $62,000. RE Investors has offered to pay $28,500, which is the amount due for the last four years, as a settlement of the entire amount due. Staff recommends accepting the payment because Code of Civil Procedure Section 337 limits the collection of past due amounts to four years.

CONSEQUENCE OF NEGATIVE ACTION:

Not accepting the payment offer will prevent the County from collecting $28,500.