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TO: BOARD OF SUPERVISORS,AS GOVERNING BOARD OF CONTRA COSTA COUNTY AND
CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
FROM: J. MICHAEL WALFORD, CHIEF ENGINEER
DATE: October 20, 1998
SUBJECT: REFER Letter dated January 13, 1998,from the Law Firm of Miller, Starr&Regalia,to the Finance
Committee for Consideration and Recommendation for Response.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
L Recommended Action:
REFER letter dated January 13, 1998 from the Law Firm Of Miller, Starr&Regalia,relative to reimbursement
agreements between West Coast Horne Builders, Inc. and the Contra Costa County Flood Control And Water
Conservation District, to the Finance Committee for consideration and recommendation back to the Board.
IL Mancial impact
This issue will have no impact on the General Fund. Any changes to the Flood Control District's Standardized
Credit and Reimbursement Policy, as a result of this inquiry, will be funded by e fees collected in each
respective Flood Control District Drainage AreD41ole
Continued on Attachment: X SIGNATURE:
RECOMMENDATION OF BOARD COMMITTEE
_ APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON = 11, TMAPPROVED AS RECOMMENDED,,_X_
VOTE OF SUPERVISORS
X_ UNANIMOUS(ABSENT NQm )
AYES: NOES:
ABSENT: ABSTAIN:
TW:ci
PLE)CTLUCBon020-10 E hereby certify that this is a true and correct
4rig.Div: Public Works copy of an action taken and entered on the
Conuct: Tom William(925313-2285) minutes of the Board of Supervisors on the
BichazdSestero,SanoCo. da
te shown.
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T.Gilchaes,1st,Accounting Y1,i i c3 3 G iJ: *�'��;4L_1 '`v. t _✓s 1 / C jj
T.Pat CRL7
Vic Wesumn,County Counsel PHIL BATCHELOR, Clerk of the Board
of Supervisors and Xinistrator
By f°� f` !Deputy
SUBJECT: REFER the Letter Dated January 13. 1998 from the Law Firm of Miller, Starr&Regalia to the Finance
Committee for Consideration and Recommendation for Response.
HATE: October 20, 1998
PAGE 2
H. Reasons for Regommendgfions and Bagk rouud.
On January 14, 1998 West Cast.Home Builders,Inc.,the A.D. Seeno Construction Co.,and related companies,
submitted a letter, through the Law Firm of Miller, Starr and Regalia,to the Board requesting changes to the
Flood Control District's standardized Credit and Reimbursement Policy. The letter states three areas in which
they believe the policy is not in compliance with the State Subdivision Map Act and they request the Board hold
a public hearing to make the necessary modifications. The areas of concern are 1) interest must be paid on
reimbursements, 2)no time limits should be placed on the repayment of reimbursements and 3) no delay in
reimbursement payments should result because loans from the drainage area have been made and not yet repaid.
Both the Flood Control District and the County Counsel office have addressed these issues with the developer
and believe the District does not fall under the requirements of the subdivision map act per the Act's definitions.
The District has recently met with the Seeno Company and recognized their concerns may be the concerns of
other developers as well.The time is right to review the policy(which was adopted in June 1989)and possibly
mare changes that better address the needs of the development community considering today's development
environment.
Including an interest component in the reimbursements will affect all concerned, the District believes it is
warranted to forward this issue to the Finance Committee for review and a recommendation. Currently, the
existing drainage area fees and credit and reimbursement policy do not include',an interest component and
therefore no way to fund interest payments. Should it be decided interest payments are mandatory, or are
desirable, the District's Drainage Area Ordinance fees would all have to be increased to address this.
111. Consequences oNeiative Action:
Negative action would result in no, or minimal, changes to the existing District credit and reimbursement
policy. Such action may in turn result in the Seeno Company filing a law suit against the District and the County
to resolve these issues.