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HomeMy WebLinkAboutMINUTES - 08062013 - C.04PDF Return C. 4 To: Board of Supervisors From: Julia R. Bueren, Public Works Director/Chief Engineer Date: August 6, 2013 Contra Costa County Subject:DECLARE as Surplus and APPROVE the Donation of a Modular Building and Related Improvements Located at 1187 Meadow Lane, Concord. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 08/06/2013 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact:Jann Edmunds (925) 313-2250 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: August 6, 2013 David Twa, BY:June McHuen , Deputy RECOMMENDATION(S): DECLARE as surplus and AUTHORIZE the Purchasing Agent, or designee, to remove from County Inventory of Assets, a manufactured modular building having Serial No. 10-03-DH-0348.1-.5 and related site improvements (“County Assets”) located at 1187 Meadow Lane, Concord. DETERMINE that the County Assets are no longer necessary for County purposes, that no County funds were used to acquire the County Assets, and, therefore, that no payment is required to be made to the County for the County Assets pursuant to Title 45 CFR Part 92.31. RECOMMENDATION(S): (CONT'D) APPROVE the donation of, and transfer of title to, the County Assets to Spanish Speaking Unity Council of Alameda County, Inc., pursuant to the terms of the attached Property Sales Agreement and Bill of Sale, pursuant to Government Code Section 25372 and Title 45 CFR Part 92.31. AUTHORIZE the Public Works Director, or designee, to execute the Property Sales Agreement and Bill of Sale on behalf of the County. DIRECT the Real Estate Division of the Public Works Department to cause said Property Sales Agreement and Bill of Sale to be delivered to Spanish Speaking Unity Council of Alameda County, Inc. for execution. FISCAL IMPACT: No fiscal impact. BACKGROUND: On June 17, 2003, the County signed a 10-year ground lease with Parkhaven Baptist Church for the County’s use of land located at 1187 Meadow Lane in Concord (Assessor’s Parcel No. 128-120-078). The County constructed a modular building (“Building”), parking lot, and playground area on that leased property entirely with grant funding from the United States Department of Health and Human Services (“HHS”). Because the Building and improvements were acquired using HHS grant funds, HHS maintains a reversionary interest in the Building, which reversionary interest was recorded March 12, 2004 as Document No. 2004-0084912 of Official Records. On July 27, 2004, the County entered into a Sublease of the building, and all of the improvements, with Cambridge Community Center, which has operated a pre-school development program in the building since that time. The County’s Community Service Bureau has recently lost funding for child care development in the Monument corridor area of Concord, and will no longer be able to use the building for those purposes. However, effective July 1, 2013, the Spanish Speaking Unity Council of Alameda County, Inc., (“Unity Council”) would like to provide those and related services in the Building under a separate contract with Cambridge Community Center. Unity Council is a tax-exempt 501(c)(3) organization that provides Head Start and Early Head Start activities and youth programs, among other youth and family services. Due to the loss of funding, the County will no longer be able to use the Building and related improvements for their intended purpose. The County requested that HHS approve the transfer of title to the Building and related improvements to the new service provider, Unity Council. On May 29, 2013, HHS approved that transfer. Under the regulations that govern transfers of property in which HHS maintains a reversionary interest, HHS requires the transfer of title to comply with the requirements of Title 45 of the Code of Federal Regulations, Part 92.31. Under that Part, the recipient of the Building is required to pay the County, as a condition of transfer, for the current value of the Building multiplied by the percentage of County funds that were used to acquire it. (See 45 CFR, § 92.31(c)(3).) Because no County funds were used to acquire the modular Building, no payment is owed to the County. Government Code section 25372 authorizes the County to donate property declared to be surplus to an organization that meets the following criteria: (1) the organization is exempt from taxation under section 501(c)(3) of the Internal Revenue Code; and (2) the organization is organized for the care, teaching, or training of children. The Unity Council meets those criteria. The terms of the donation and transfer of title are included in the attached Property Sales Agreement and Bill of Sale. The terms of the donation include that Unity Council will continue to use the property for the care, teaching, and training of children, and will indemnify the County for claims arising after the date that the property is transferred to the Unity Council. CONSEQUENCE OF NEGATIVE ACTION: The County would be responsible for maintaining surplus property no longer required for County purposes. CHILDREN'S IMPACT STATEMENT: Not applicable. AgendaQuick©2005 - 2022 Destiny Software Inc., All Rights Reserved