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Home My WebLink AboutMINUTES - 12171985 - X.7 `/ , N TO- BOARD OF SUPERVISORS FROM: Phil Batchelor, County Administrator l./wtra @. CIO^ CCOSta DATE: December 17, 1985 SUBJECT: Return of Surplus Money Held In A Trust Established Under The Joint Exercise Of Powers Agreement (Central County Government Center) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I . RECOMMENDED ACTION: 1 . Declare on behalf of the County that the purpose of the Joint Exercise of Powers Agreement (Central County Government Center ) entered into by and between the County and the Contra Costa County Board of Education is completed to the extent that $600 , 000 contributed by the Board of Education to the agreement ' s trust fund , and held in the trust fund as surplus money, shall be expeditiously returned to the Board of Education . 2 . Authorize and direct the County Administrator and the Auditor-Controller to take all action necessary to expeditiously accomplish the return of $600 , 000 in surplus money held in the Joint Exercise of Powers Agreement ' s trust fund to the Board of Education . 3 . Authorize and direct the Auditor-Controller to take all action necessary to determine all other remaining amounts , along with interest , held in the Joint Exercise of Powers Agreement ' s trust fund as surplus money . II . FINANCIAL IMPACT: The recommendation does not involve any funding by the County. Surplus ,money is held in a trust fund established under the Joint Exercise of Powers Agreement (Central County Government Center ) and may be returned to the County and the Board of Education when the purpose of the Joint Exercise of Powers Agreement is completed . III . REASONS FOR RECOMMENDATION/BACKGROUND: In June of 1981 , the County of Contra Costa and the Contra Costa County Board of Education entered into a Joint Exercise of Powers Agreement (Central County Government Center ) for the pur- pose of acquiring, operating, and maintaining the Oak Park prop- erty ( located adjacent to and east of the Central Library on Oak Park Blvd . in Pleasant Hill ) . Thereafter , the County acquired the Oak Park property jointly with the Board of Education . In 1984 , the County obtained the Board of Education' s ownership interest in the Oak Park property, along with $90 , 000 in cash , in exchange for CONTINUED ON ATTACHMENT: X YES SIGNATURE: C RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE S : ACTION OF BOARD ON December , APPROVED AS RECOMMENDED _ OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS (ABSENT --- AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. cc: County Administrator ATTESTED December 17 , 1985 Auditor-Controller — Superintendent of Schools PHIL BATCHELOR, CLERK OF THE BOARD OF .Treasurer-Tax Collector SUPERVISORS AND COUNTY ADMINISTRATOR County Counsel M382/Public Works Director BY ,DEPUTY a transfer of title in the Monte Cresta property ( located adjacent to and west of the Central Library) by the County to the Board of Education . The County' s Superintendent of Schools has brought to the County' s attention the fact that the purpose of the Joint Exercise of Powers Agreement has been completed , and, consequently , it is no longer necessary to hold the Board of Education' s surplus money in the trust fund created under the agreement . The Agreement pro- vides , at section 10 , that " [a] fter the completion of the purpose of this agreement , any surplus money on hand shall be returned to the parties in proportion to their contributions ." The trust fund was created and is managed by the County Auditor-Controller, and consists of money contributed by both the County and the Board of Education . The Board of Education seeks to withdraw $600 , 000 of surplus money held in the Joint Exercise of Powers Agreement ' s trust fund in order to provide funds by December 19, 1985 for the construc- tion of the County Office of Education Building at the Monte Cresta property. The County Administrator and Office of County Counsel agree and recommend that the Board of Supervisors declare that the pur- pose of the Joint Exercise of Powers Agreement has been completed to the extent that $600 , 000 of surplus money contributed by the Board of Education can be returned to the Board of Education in an expeditious manner . IV._CONSEQUENCES_OF_NEGATIVE_ACTION: Approval of this recommendation would allow the Board of Education to provide required funds by December 19, 1985 toward the construction of the County Office of Education Building at the Monte Cresta property. Failure to approve this recommendation would impose great hardship on the Board of Education in providing necessary construction funds in the amount of $600 , 000 by December 19, 1985 . -2- JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE COUNTY OF CONTRA COSTA AND THE CONTRA COSTA COUNTY BOARD OF EDUCATION (Central County Government Center) 1 . Effective Date .and Parties. Effective June 1981 , the COUNTY OF CONTRA COSTA, a political subdivision of the State of California ("County") and the CONTRA COSTA COUNTY BOARD OF EDUCATION; duly organized and existing under the laws of the State of California ("Board") , mutually agree as follows: 2. Purposes. The County is empowered by law to acquire, construct, maintain, operate and lease real property necessary to the administration and operation of the government of the County, including buildings for County offices, buildings necessary for the conduct of the business of the County with the public generally, and buildings for i use in providing services to the inhabitants of the County. The Board is empowered by law to acquire, construct, maintain, operate and lease real property for the purpose of housing the offices and services of the County Superintendent of Schools. All of the territory within the boundaries of the Board is within the bounds- ries of the County. The County and the Board have determined that the Site described .below should be acquired, operated and maintained by the County and the Board for the respective purposes thereof, and in contemplation of the project described below. Section 3. Definitions. Unless the context otherwise requires, the terms defined in this Section 3 shall for all purposes of this Agreement have the meanings herein specified. A. Contribution. The term "contribution" means actual cash payment by a party hereto or such party' s secured or unsecured obligation to pay, e.g. , a promissory note. B. District. The term "District" means the Mt. Diablo Unified School District, a school district organized and existing in the County under the laws of the State of California. C. Law. The teem "Law" means Article 1 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California, commencing with Section 6500. D. Project. The term "Project" means the proposed development of the Site and, possibly, adjacent property, for various public purposes. Such development may include construction of a building or buildings housing facilities for courts, the District Attorney, the Probation Department, the County Superintendent of Schools and other public functions. E. Site. The term "Site" means the real property now owned by the Dist;•ict described in Exhibit A to this Agreement, Section 4. Financing. A. Upon entering into this agreement, the Board promptly shall request the ,County Auditor-Controi.ler to create a separate trust fund (hereinafter referred to as "the Fund" ) , to be used for holding sufficient money to acquire, own, manage a.nd operate the Site, and to arrange for interest earnings on *investments of monies in the Fund to be credited to the Fund as provided for in Government Code Sections 53601 and 53844. B. The Board, promptly upon entering into this agreement, shall cause to be transferred to the Fund from its own funds the surr, of $1 ,200,090.00 or more. The County, promptly upon entering into this agreement, shall cause to he transferred to the Fund from its own funds the sum of $1 ,000.00. The County shall subsequently cause to be transferred from its own funds a sum of money required to permit the parties hereto to, acquire., :and own-the. 'Site-. C. Interest credited to the Fund 'in accordance with Paragraph A above, before acquiSition of the Site shall be prorated e�d and distributed quarterly to the Board and the County on the basis of the amounts and dates of their cash contributions to the Fund, which contributions were included in the specific investments; interest so credited after acquisition of the Site shall be distributed quarterly to the Board and the County in the same proportion as the parties' contributions. , D. The parties shall make further payments to the Fund as additional monies become necessary to carry out the purposes of this agreement. The total amount of the additional payments and the respective contributions of the parties shall be mutually agreed upon and incorporated he-rein by amendment to this agreement.. E. Nothing in this agreement shall be construed to obligate either party to incur any indebtedness or liability exceeding in any year the -income ,and revenue provided for such year. Section 5. Acquisition of the Site. A. The parties agree that the County shall , through its Public Works Department, take all steps necessary under the law applicable to the County to acquire the Site from the District, in fee simple title. Such steps shall include obtaining an Appraisal , the preparation and submittal of an offer, negotiations; compliance with notice, environmental and general plan referral requirements, the opening of an escrow and the submittal of escrow instructions. B. Title to the ,Site, if acquired, shall be held in comm'on between the parties hereto, with each party holding an undivided one-half interest. C. Any secured or unsecured obligation used in lieu of cash to acquire the Site shall obligate only the County, and not the Board.' Section 6. Management of the Site. A. The parties intend to acquire the Site and jointly undertake the Project. While such project is being studied and planned, the parties agree to manage and operate the Site in their mutual best interest. B. The County, through its Public Uorks Department, shall manage the Site, and, with the approval of the Board, may lease the Site, or any portion thereof, in accordance with the law applicable to the County. C. All operation and management expenses shall be borne by the parties in the same proportion as the parties ' contributions. The County shall regularly bill the Board for the latter' s share of said expenses, and the Board shall pay said share within thirty days of receipt of such a bill . D. All net income, and 'any interest accrued thereon, from the operation and management of the Site shall be distributed quarterly to the parties in the same proportion as the parties' contributions. Section 7. Project Planning. A. Depending on architectural and financial feasibility, it is the intent of both parties to proceed with designing and constructing the Project an the Site and, possibly,= on adjacent properti.es. The parties expect to enter into a super- seding agreement to implement actual construction and financing oftheProject. .., B. The parties shall consult and cooperate with each other in studying and planning the Project so that design and construction of the Project can begin in the near future. Such planning shall include a study of financing alternatives. C. The County shall conduct such studies and planning, including, with the approval of the Board, the hiring of.consuitants. The cost of all such studies and plans shall be borne by both parties in the same proportion as the anticipated contribution by each party to the total cost of the Project. D. It is the intent of both parties to proceed with construction planning on a joint basis. Therefore, construction planning shall proceed only after consulta- tion by each party with the other to ensure,- to the greatest extent possible, the intended joint use of the Site. Section 8. Hold Harmless. Nothing in this agreement is intended to affect the legal liability of either party by imposing any standard of care respecting work performed hereunder differ- ent from the standard of care imposed by law. The Board shall fully defend, hold harmless and indemnify the County, its officers, agents and employees against any and all claims, demands, damages*'per= formed under this. agreement, except for liability arising out of the sole negli- gence of the County, its officers, agents or employees. The County shall fully defend, hold harmless and indemnify the Board, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of or in connection with any act performed under this agreement, except for liability arising out of the sole negligence of the Board, its officers, agents or employees. Section 9. Accountability. Each party is strictly accountable for all funds and must report all receipts and disbursements. Section 10. Surplus Money. After the completion of the purpose of this agreement, any surplus money.on hand shall be. returned to the parties in proportion to their contributions.. Section 11 . Term; Termination. A. This agreement shall continue in full force and effe m year to year until terminated This agreement may be terminated at t e end of any fisca year , by either party serving a written notification upon the other party on or before April 1 of that year. Upon termination, all property acquired hereunder shall be distributed to the parties in the same proportion as their contributions. Provided that, in the event of termination, the County, in its discretion, may elect to purchase a portion of the Site. If the County so elects, the Board agrees to con- vey to the County up to one-half of the area of the Site, based on the same pro- portion of the acquisition price. Section 12. Modification. This agreement may be modified at any time by written mutual consent of the parties hereto. Section 13. Severabilitv. Should any part, term or provision of this agreement be decided by a court of competent jurisdiction to be .illegal or in conflict with any law'of the State of California, or otherwise be rendered unenforceable or ineffectual , the validity of the remaining portions or provisions shall not be affected thereby. Section 14. Successors; Assignment. This agreement shall be binding upon and shall inure to the benefit of the successors of the parties. Except to the extent expressly provided herein, neither party may assign any right or obligation hereunder without the consent of the other. Section 15. Section Beadings. All section headings contained herein are for convenience or. reference only and are not intended to define or limit the..scope of:'any .provision .of this agreement:,.:. COUN Y OF NTR COSTA .CONTRA COSTA COUNTY BOARD OF EDUCATION f By $ Cha man, Board o Supervisors resident ATTEST: ATTEST: J. R. OLSSON, County Clerk By Dp-u—tyGRECOMMENDED FOR APPROVAL: : ... Richard T. LaPointe, County RECOMMENDED FOR APPROVAL: Superintendent of Schools M. G. ki tt, County d i/ s ator By f J. Michael Walford, cting Public Works Director B FORM APPROVED: John B. Clausen, County Counsel By__ Deputy I Oak Parl =hoot Site. EXHIBIT "A" rhat..parcel 'of:. land in the City of Pleasant Hill, County of Contra Cost :ate. of California , described as follows: P.ortion of the Rancho Las Juntas , described as follows : .B`eginning on the east line of the parcel of land described in the deed om.' Developers Corporation to El Dorado Associates , Inc. , dated April 21, 47'. and recorded July 28 , 1947 in Volume 1102 of Official Records , at page . 6 , 'distant :'thereon South 30 ° 43 ' 30" West, 1268 . 59 feet from the northeast rner. thereof; thence from said point of beginning North 890 09 ' 05" West, 0 . 07' feet; thence South- 0 ° 50 ' 55" West, 641. 68 feet to the north line of k 'Park Boulevard;. thence along said north line easterly along the arc of curve to the right with a radius of 4030 feet, 99. 41 feet and South 800 ' 30 ": East, tangent to said curve , 329, 54 feet to the east line of said Dorado- Associates , Inc, Parcel (1102 OR 196) ; thence North 301, 43 ' 30 " st along said east line , 815 .19 feet to the point of beginning. I,