HomeMy WebLinkAboutMINUTES - 11191996 - D24 TO: BOARD OF SUPERVISORS 5;...L._
Contra
FROM: Finance Committee Costa
- .
DATE: November 19 1996 County
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SUBJECT: REIMBURSEMENT AGREEMENT WITH THE LIBERTY UNION HIGH SCHOOL
DISTRICT AND C.C.C. FLOOD CONTROL DISTRICT
FnR nFTFNTION RASIN FACILITY
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1. DIRECT the Flood Control District of the Public Works Department to develop a
reimbursement agreement with the Liberty Union High School District for the
detention basin facility located adjacent to the new Freedom High School in Oakley.
The reimbursement agreement will specify a total reimbursable amount of
$303,234.17 to be paid by the Flood'Control District to the Liberty Union High
School District, beginning January 1; 1997, as follows:
Year One 20% of total $ 60,646.83
Year Two 15% of total $ 45,385.13
Year Three 15% of total $ 45,385.13
50% of total $151,617.08
2. FURTHER DIRECT the Flood Control District to pursue the establishment of a per
hour fee or other reimbursement mechanism, for advance flood control planning
services which are beyond standard informational services.
3. DIRECT the Flood Control District to treat the balance due on this reimbursable
agreement as priority and earmark any new revenue received from a new advance
planning fee, or other reimbursement mechanism, for the balance of payments due
the Liberty Union High School District for the reimbursement agreement indicated
in Recommendation 1 above. Direct Flood Control to make every effort to
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD�J MMIWE-
APPROVE
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APPROVE OTHER ��a' ''����C'i7•t
sIGNAruRElsl: Mark DeSaulnier Tom Torlakson
ACTION OF BOARD ON N n v E-m b e r 19 , 1 9 9 6 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT III ) 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 November 19 , 1996
Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF
CC: Joe Canciamilla SUPERVISORS AND OUNTY ADMINISTRATOR
Val Alexeeff, GMEDA o
Mike Walford, Public Works
BY � ,DEPUTY
Page 2
continued
3. achieve a minimum 30% payment in Year Two (approximately $91,000) and a final
payment of 20% in Year Three (approximately $60,600) to pay the balance of the
reimbursement agreement. Direct that the reimbursement agreement executed
between the Flood Control District and the School district state this intention.
4. ACKNOWLEDGE the current partnership efforts between the Liberty Union High
School District and the County regarding a joint library project.
BACKGROUND:
On October 29, the Finance Committee reviewed the terms of a reimbursement agreement
between the Liberty Union High School District and the Contra Costa County Flood Control
District. Representatives from both districts were present to deliberate the matter.
Attached are documents submitted to the Committee on this subject.
The Committee supported an agreement which reimbursed the School District a total of
$303,234, which was to be paid over three or more years, beginning January 1, 1997. The
Flood Control District staff was directed to work with the Administrator and County Counsel
staff in establishing a new fee or revenue generating mechanism to provide a portion of the
reimbursement.
The Committee acknowledged the positive efforts of the School District and the County
Library for working together on a joint public and school library in Oakley.
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CONTRA COSTA COUNTY
GROWTH MANAGEMENT AND ECONOMIC DEVELOPMENT AGENCY
DATE: October 24, 1996
TO: Finance Committee
FROM: Val Aiexeeff, Director
SUBJECT: FLOOD CONTROL DISTRICT
The Flood Control District in the Oakley area is significantly over borrowed. The current fund status
of Drainage Areas 29 C, D, E, G, H and 7 and 30 A, B and C is a minus $4,528,168.60. This limits
the Flood Control District's ability to offset Freedom High School's funding shortfall.
One suggestion that has occurred has been to improve cash flow by charging a fee for services.
Currently, advanced analysis of flood control requirements for major developments has placed a
financial burden upon the District.
We recommend that the Finance Committee recommend to the Board to authorize a fee study for
Flood Control Project Review.
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12%06/96 FRI 10:29 FAX 5106341687 LUHSD 002
_`oN KtGN SCyo r"" -Union li Sc6ol 1 istrict
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20 Oak Sireef
'Brentwood,C,2 94S13
?hone.($10)634-7.166 Sas(SIO)634-1657
Daniel 7K.cSmuh,Saperinfenden!
November 1, 1996
Mr. Tom Torlakson
Contra Costa County Board of Supervisors
651 Pine Street,Room 106
Martinez,CA 94553
Dear Tom,
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 you 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 you. 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 AFT-IRMATIVE ACTION(EMPLOYER
12/06196 FRI 10:30 FAI 5106341687 LUHSU X003
Mr. Tom Torlakson
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. 1 told Mr.Kubicek that I would discuss this offer with
District Staff and Governing Board Members to try to find a way to mare 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 your 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.
You 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 Board 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 your recommendation with the following change to#3:
Change "Direct Flood Control to make every effort to achieve . . . to "Require,
Flood Control to achieve . . ."
3. Accept your 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.
12'06/96 FRI 10:31 FAX 5106341687 LtiHSD 16 004
Mr. Tom Torlakson
Page 3
November 1, 1996
It is my hope that the Board of Supervisors will approve Option#1;however,if that is not possible,
please approve either Option#2 or#3.
The Liberty Union High School District is comn-dued 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 Commur ity/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
�
to Request Speak Form
( THREE (3) MINUTE LIMIT)
Complete this form and place it in the box near the speakers' rostrum
before addressing the Board.
Nam: Son / 7,V
1 am speaking for myself or organization: G �� L)v��v�}r��l mei
(Dame of Olviduflo o D(5�61c�-
GKO( ONE:
1 wish to speak on Agenda Item #,DL Oate:
My vulwilta will be: general �f oor_against
1 wish to speak on the subject of
_ 1 do not wish to speak but leave these comments for the Board
to consider.