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HomeMy WebLinkAboutMINUTES - 11021993 - 1.48 TO: BOARD OF SUPERVISORS L Contra FROM: Costa Phil Batchelor, County Administrator �! s County November 2 1993 ' DATE: i''is+in SUBJECT: GLACIER DRIVE JUVENILE FACILITY, A CALIFORNIA LIMITED PARTNERSHIP-NOTICE OF DEFAULT OF LEASE FOR PREMISES AT 100 GLACIER DRIVE, MARTINEZ, CA (LION'S GATE) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. RECOMMENDATION ACCEPT FINDING that lessee, Glacier Drive Juvenile Facility, a California Limited Partnership, is in default of the lease with Contra Costa County for the premises at 100 Glacier Drive, Martinez; and AUTHORIZE County Counsel and General Services-Lease Management Division to undertake all action necessary, including litigation, to enforce the lease terms, including lease termination. II . FINANCIAL IMPACT Due to lessee' s default of lease, anticipated rental income has not been received and County funds have been expended for unbudgeted occupancy costs at 100 Glacier Drive, Martinez, CA. III . REASONS FOR RECOMMENDATION In accordance with the lease provisions for County-owned property at 100 Glacier Drive, Martinez, Glacier Drive Juvenile Facility is obligated to pay rent in the amount of $9,715 per month. This amount increased to $9,910 per month effective October 1., 1993. However, no rent has been received since May, 1992 . CONTINUED ON ATTACHMENT: X YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON 9 y3 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE 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. ATTESTED Contact: SEE PAGE 2 PHIL BATCHELOR.CLERK OF THE BOARD OF CC. SUPERVISORS AND COUNTY AOMINISTRATOR BY DEPUTY -2- Inasmuch as the gas, electric and water services for 100 Glacier Drive are on the same meter with other County facilities on the Juvenile Hall grounds, the lessee was to reimburse the County for its prorata share of these expenses, $3,025 per month plus $125 for each child over a base census of 25 . Since May, 1992, the County has only received $4 ,500 reimbursement. In attempts to remedy this situation, staff from the County Administrator' s Office, Social Service, General Services, and County Counsel have met with representatives of the Glacier Drive Juvenile Facility and Health Care Delivery Services, Inc. (HCDS) which operates the Lion' s Gate program under the terms of a sublease with Glacier Drive Juvenile Facility. HCDS maintains it is unable to meet its lease payments and utility reimbursement due to the continuing low number of children placed at Lion' s Gate. HCDS agreed to intensify its efforts to increase placements from other counties . Both County and HCDS representatives explored the potential of another program occupying a wing of the, facility. However, no compatible program could be identified and there is no funding for any new programs . Despite these efforts, there has been no change in the non- payment of rent and no indication this situation will change. The Social Service Department has been advised to plan for alternative arrangements for placement of Contra Costa children in the event the lease is terminated. The County cannot continue to subsidize this program. It is therefore recommended for authorization for action to be taken to enforce the terms of the lease. cc: Clerk of the Board County Counsel General Services Social Service Glacier Drive Juvenile Facility Health Care Delivery Services Contact person: DeRoyce Bell 646-4093