HomeMy WebLinkAboutMINUTES - 11191996 - C161 C.160, C.161, C.162, and C.163
THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on November 19, 1996 by the following vote:
AYES: Supervisors Rogers, Bishop, DeSaulnier, Torlakson and Smith
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Conespondence
C.160 LETTER dated October 31, 1996, from Ro Aguilar, Legislative Assistant, East Bay
Regional Parks, 2950 Peralta Oaks, P.O. Box 5381, Oakland, CA 94605-0381,
advising that the term of Mary Ann Gaebe, Contra Costa County's representative on
the Committee, will expire on December 31, 1996, and of her eligibility to be
nominated for another two-year term.
""REFERRED**REFERRED TO INTERNAL OPERATIONS COMMITTEE
C.161 LETTER dated November 1, 1996, from Daniel Smith, Superintendent, Liberty Union
High School District, 20 Oak Street, Brentwood, CA 94513, expressing concern with
the reimbursement agreement between the School District and the county Flood
Control District for the Detention Basin located at Freedom High School.
****REFERRED TO PUBLIC WORKS DIRECTOR AND COUNTY
ADMINISTRATOR
C.162 RESOLUTION dated November 6, 1996, from Michael De Sa, Superintendent, Walnut
Creek School District, 960 Ygnacio Valley Road, Walnut Creek, CA 94596, adopted
by the Governing Board, Walnut Creek School District, requesting approval by the
Board of Supervisors to change the regular governing board member election of
November 4, 1997, to be consolidated with the statewide general election of
November 3, 1998, and with every statewide general election of even numbered years
thereafter.
****REFERRED TO COUNTY CLERK AND COUNTY COUNSEL FOR
RECOMMENDATION
C.163 LETTER dated November 7, 1996, from Reverend Ronald Schmit, St. Anne's Catholic
Church, P.O. Box 476, Byron, CA 94514, commenting on the increased pressure on
the infrastructure from development in the neighboring San Joaquin County and the
need to responsibly plan for all phases of growth, particularly in the East County.
""REFERRED**REFERRED TO COMMUNITY DEVELOPMENT DIRECTOR
IT IS BY THE BOARD ORDERED that the recommendations as noted (****)
are approved.
c.c.Correspondents
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Internal Operations Committee d of�. 07�i�Jt� shm /?94;
Public Works, Director PHIL BATCHELOR,Clerk of the board
Of Supervisors and Co ty Adminlstretor
County Clerk
County Counsel �' �'�'"�Deputy
Community Development, Director
•< HIGH .liberty WSC
pion Shigh �Sc6ot District
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20 Oak Street
J 'Brentwood,CL�4 94513
9)hone:(SIO)634-2166 jax(510)634-1687
FSTgBLISHEO 90� T1 aniel JR. Smith, Superintendent
RECEIVED
November 1, 1996 NOV —5 MM
Mr. Jeff Smith CLERK BOARD OF SUPERVISORS
Contra Costa County Board of Supervisors CONTRA COSTA co.
651 Pine Street, Room 106
Martinez, CA 94553
Dear Mr. Rogers,
As superintendent of the Liberty Union High School District, I am extremely concerned about the
reimbursement agreement between LUHSD and the County Flood Control District for the Detention
Basin located at Freedom High School.
I attended the Finance Committee meeting on October 29, held in Supervisor DeSaulnier's office.
I was very surprised and disappointed when Supervisor Torlakson presented a formal
recommendation to the Board of Supervisors that did not include full reimbursement to the School
District in a timely manner.
I was also disappointed to learn that this issue was not on the Finance Committee agenda for
discussion but rather to hear from County Staff and to hear the recommendation from Supervisor
Torlakson. Since the recommendation had previously been formalized, the brief comments I was
allowed to make were entirely discounted. In fact, Supervisor DeSaulnier was called out of the room
during this agenda item and did not have any opportunity to hear my input.
I understand that the Board of Supervisors will take action on this issue at the November 12 Board
meeting. I urge you to consider the following information before you make a decision on this very
important issue:
* The County required the Liberty Union High School District to construct an 8.63 acre
detention basin on the property developed for Freedom High School. The school district has
fully complied with this requirement.
* The School District has negotiated, in good faith, with staff from Flood Control since May
1995 to reach an agreement for the cost of the land, the improvements to the land provided
by LUHSD, and the fees assessed by the Flood Control District.
* In July, 1996,after one year and three months of negotiations,an agreement was reached that
the total reimbursement due to LUHSD was $303,234.17.
AN EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION EMPLOYER
Mr. Jeff Smith
Page 2
November 1, 1996
* On August 8, 1996, a School District consultant and I met with Milt Kubicek, Deputy Chief
of CCC Flood Control, and Tom Williams, CCC Associate Engineer to discuss a plan for
reimbursement to the School District.
During this meeting, Mr. Kubicek offered to reimburse the School District $100,000 in
December of 1996,1997, and 1998. I told Mr. Kubicek that I would discuss this offer with
District Staff and Governing Board Members to try to find a way to make the offer work
considering the Project Budget and District's financial solvency.
* After considerable effort, the School District was able to adjust the cash flow for the
Construction Budget in order to accept the offer made by the Flood Control's Deputy Chief.
* Mr.Kubicek informed me that,after talking with staff,his offer to fully reimburse the School
District within three years was being withdrawn.
* Two subsequent meetings were held in Supervisor Torlakson's office to try to find an
alternative solution. At the last meeting on October 11, 1996, the School District was told
that the County would try to find sources to reimburse the School District for the total
amount over the next three years. Supervisor Torlakson identified at least two sources that
were strong possibilities to provide the needed reimbursement.
* It was recommended that School District personnel attend the Finance Committee meeting
for additional discussion on this issue. We did not know that the formal recommendation
would be presented at that time.
If the total reimbursement for the Detention Basin is not provided to the District, at least $150,000
will have to be reduced from the project. At this stage of construction, reductions of this magnitude
would have a disastrous impact on the facilities at Freedom High School.
The Liberty Union High School District requests the Beard of Supervisors approve one of the
following options:
1. Direct County Flood Control follow-through with the offer made by CCC Flood Control
Deputy Chief Kubicek of providing $100,000 per year for the next three years.
2. Accept Supervisor Torlakson's recommendation with the following change to #3:
Change "Direct Flood Control to snake every effort to achieve . . ." to "Require
Flood Control to achieve . . ."
3. Accept Supervisor Torlakson's recommendation with the following addition:
#4. If the Flood Control does not make complete reimbursement within three
years, an additional 15% of the balance will be assessed on an annual basis.
Mr. Jeff Smith
Page 3
November 1, 1996
It is my hope that the Board of Supervisors will approve Option#l;however, if that is not possible,
please approve either Option#2 or#3.
The Liberty Union High School District is committed to working with County agencies in a
partnership format. We are demonstrating that commitment in a number of ways. Two examples
include:
1. The development of a Joint-Use County/District Library on the Freedom campus.
Discussions and plans are currently under way.
2. The joint-use of an Oakley Community/District swimming pool on the Freedom campus. A
steering committee is currently developing plans.
Please approve a reimbursable agreement for the Detention Basin that will enable Freedom High
School to be completed without significant reductions.
Sincerely,
Daniel M. Smith
Superintendent
DMS:llw
cc: County Board of Supervisors
Joe Canciamilla
LUHSD Governing Board Members