HomeMy WebLinkAboutMINUTES - 12201994 - IO5 I .O.-5
TO: BOARD OF SUPERVISORS Contra
INTERNAL OPERATIONS COMMITTEE
FROM: Costa
December 12 , 1994 County�
DATE:
SUBJECT: LAW LIBRARY - OCCUPANCY AND SPACE COSTS; INTEREST EARNINGS
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1 . ACCEPT this report on the status of discussions between the
Law Library Board of Trustees and County staff on the issues
of payment of occupancy and space costs and credit of Law
Library interest earnings .
2 . DIRECT County staff to continue to meet with the Law Library
Board of Trustees in an effort to reach a solution on
occupancy costs .
3 . DIRECT County staff to continue to assess Superior Court' s
expansion needs and the impact of those needs on the Law
Library' s current space.
4 . DIRECT the County Administrator to report to the 1995 Internal
Operations Committee on the progress of the above discussions
by April 1, 1995 and for this purpose REFER this subject to
the 1995 Internal Operations Committee.
5 . REMOVE this . subject as a referral to the 1994 Internal
Operations Committee.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATIONVF
RATOR REC"MMENDATION OF BOARD COMMITTEE
APPROVE
SIGNATURE (S): MARK DeSAULNIER
ACTION OF BOARD ON Dcember 20, 1994 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
1 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 PATE SHOWN.
ATTESTED
� o ys
Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF
cc: See Page 2 SUPERVISORS AND COUNTY ADMINISTRATOR
BY 'DEPUTY
I .O.-5
BACKGROUND:
At our Committee' s March 28, 1994 meeting, our committee was
provided with a report on the status of discussions between the Law
Library Board and County regarding three issues : credit of Law
Library interest earnings to Law Library Fund; Law Library payment
of operating costs ( janitorial, maintenance, utilities) for Law
Library occupied space in County buildings; Law Library payment of
its pro rata share of space costs for space occupied in the Bray
Courthouse, 1010 Ward St. , Martinez .
On April 19, 1994, the Board of Supervisors approved
recommendations from our Committee directing staff to continue to
negotiate with the Law Library Board of Trustees on these issues
and report back to our Committee no later than December 12, 1994 .
On December 12 , 1994, our Committee received a report from the
County Administrator' s Office on each of these issues . The current
status of these issues is as follows :
Credit of interest earnings . The County Auditor-Controllers Office
has credited Law Library interest earnings to the Law Library Fund
effective July 1, 1993 and forward.
Law Library payment of space costs . The County has annual debt
service costs for retirement of the bonds which financed the
construction of the Bray Courthouse. The 1994/95 debt service is
$1,289, 645 . The Law Library occupies 14 . 3% of this building and
their pro rata share of the debt service is $184,420 . The County
is required to provide space, however the Law Library may pay rent
for space if its Board of Trustees determines there are sufficient
funds over and above those necessary for maintenance and
operations .
Since the Law Library' s 1992-93 unencumbered fund balance of
$698,408 was a 75% increase over previous years, the Law Library
was requested to make a determination that it could pay for space.
However the Board of Trustees has determined that all Law Library
funds are required to meet current and future operational needs and
therefore no funds are available to pay for their pro-rata share of
space costs .
Law Library payment of occupancy costs . The payment of occupancy
costs by the County is permissive for Law Library occupied space in
the Bray Courthouse and Richmond Administration buildings . However
the Board of Trustees has calculated that from 1977 to 1992, past
Law Library interest earnings due total approximately $300,000 .
Upon review with legal counsel, it is the County' s belief that past
interest earnings beyond a three year period are not collectible.
The Law Library believes that there is no statute of limitation on
past interest earnings . The issue of past interest earnings clouds
the issue of payment of occupancy costs and no resolution has been
reached.
Law Library occupancy in Bray Courthouse. The Law Library occupies
space within the perimeter of the Bray Courthouse. The Superior
Court requires expansion space for Court needs . Any planning for
additional Superior Court space should incorporate an assessment as
to the continued occupancy of the Law Library within the Bray
Courthouse.
We are recommending that discussions continue on those issues which
are unresolved and that a report be made back to the 1995 Internal
Operations Committee by April 1, 1995 .
cc: County Administrator
Jean Steffensen, Law Librarian
Kenneth J. Corcoran, Auditor-Controller
Victor J. Westman, County Counsel
Len LeTellier, Superior Court Executive Officer
George Roemer, Senior Deputy County Administrator
DeRoyce Bell, Deputy County Administrator - Capital Projects
2