HomeMy WebLinkAboutMINUTES - 02251997 - C88-100 Contra
TO: BOARD OF SUPERVISORS , .. Costa
County
FROM: Harvey E . Bragdon
Director of Community Development
DATE: February 25, 1997
SUBJECT: Carry Forward Unexpended Community Development Block Grant Funds
SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
AUTHORIZE the Auditor-Controller to carry forward unexpended balances
from Community Development Block Grant (CDBG) program year 1994/95 and
1995/96 to CDBG program year 1996/97 .
AUTHORIZE the Deputy Director- Redevelopment or his designee to
execute a contract amendment to increase the contract spending limit
as indicated in Attachment A.
FISCAL IMPACT
None ( 100% U.S. Department of Housing and Urban Development Funds)
BACKGROUND/REASON FOR RECOMMENDATIONS
For a variety of reasons ranging from slow project development and
implementation to late contract approval, the projects listed in Attachment
A have fund balances . All of the projects listed have been approved for
and received CDBG funding for FY 1996/97 .
CONTINUED ON ATTACHMENT: XX YES SIGNATURE:
_RECOMMENDATION OF COUNTY ADMINISTRATOR REC DATION F BOARD COMM EE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON _.� 997 APPROVED AS RECOMMENDED i OTHER _
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
J UNANIMOUS (ABSENT } TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact: Belinda Smith
335-1260
Original: Community Development ATTESTED FEB 2 5 1997
cc : CAO PHIL BATCHELOR, CLERK OF
County Counsel THE BOARD OF SUPERVISORS
Auditor (c/o Nona) yy AND COUNTY ADMINISTRATOR
BS '1. Aar Ali=I&/4_ .= , DEPUTY
ATTACHMENT A
Project 1995/96 Funds
20-73 Family and Community Svs $34, 373 . 61
In Home Care Training
PS-$5 Independent Living Resource $ 3, 500 . 00
Employment for People with
Disablities
PS-50 Boys & Girls Club of Martinez $ 3,570 . 61
Program Director
Total $41,444 .22
691
TO: BOARD OF SUPERVISORS s-- .
ontra
f rf
FROM: Barton J. Gilbert, Director of General Services r osta
ounty
DATE: February 25, 1997
SUBJECT: LEASE OUT FOR THE HEALTH SERVICES DEPARTMENT
SPECIFIC REQUESTS OR RECOMMENDATIONS)8 BACKGROUND AND JUSTIFICATION
I. RECOMMENDATION
APPROVE a Lease, commencing March 1, 1997, to Citation Northern for the premises at 597
Center Avenue, Suite 150, Martinez, under the terms and conditions more particularly set forth in
said Lease, and AUTHORIZE the Director of General Services to EXECUTE said Lease on behalf
of the County.
11. FINANCIAL IMPACT
Revenue Lease. Revenue of$89,700 per year to be credited to the Health Services Department.
III. REASONS FOR RECOMMENDATION/BACKGROUND
Provide for reduction in amount of office space used by an existing tenant to allow use of additional
office space by the Health Services Department as requested by the Health Services Department,
CONTINUED ON ATTACHMENT YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR —RECOMMENDATION OF BOARD COMMITTEE
APPROVE _OTHER
SIGNATURE(S):
ACTION OF BOARD ON FEB 2 5 1997 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
V UNANIMOUS(ABSENT )
AYES: NOES:
ABSENT: ABSTAIN: I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
MEDIA CONTACT: BARTON J. GILBERT(313-7100) AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
CC: County Administrator(via UM) ATTESTED FEB 2 5 1997
Lessee(via t/M) PHIL BATCHELOR,CLERK OF THE BOARD OF
County Coounsell(via UM}
Health Services Department(via UM) SUPERVISORS AND COUNTY ADMINISTRATOR
Risk Management(via LIM)
Ong:General Services Department-UM v '�
Buildings and Grounds(via UM) B �f e , It//, DEPUTY
15080.197 PB:dp M382 (10/88)
c 9f
Ta BOARD OF SUPERVISORS _ .. ontra
FROM: Barton J. Gilbert, Director of General Services oSta
ounty
DATE: February 25, 1997 '
SUBJECT: LEASE - 315 East Leland Road, Pittsburg
SPECIFIC REQUESTS OR RECOMMENDATIONS)a.BACKGROUND AND JUSTIFICATION
1. RECOMMENDED ACTION
APPROVE a Lease commencing March 1, 1997, with James E. Scott, for the premises at 315 East
Leland Road, Pittsburg, California, under the terms and conditions more particularly set forth in said
Lease, and AUTHORIZE the Director of General Services to EXECUTE said Lease on behalf of the
County.
DETERMINE that the above project is a Class 1a Categorical Exemption under the California
Environmental Quality Act.
DIRECT the Community Development Department to FILE a Notice of Exemption with the County
Clerk.
IL FINANCIAL IMPACT
Payments required are to come from the budget of the General Services Department.
111. REASONS FOR RECOMMENDATIONS f BACKGROUND
Provide office space as requested by the Supervisor, District 5.
CONTINUED ON ATTACHMENT:_YES SIGNATURE: &&zJ.JQ&L
_RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE
_APPROVE _OTHER
SIGNATURE(S):
ACTION OF BOARD ON, ,.,,,,APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT i
AYES: NOES:
ABSENT: ABSTAIN: I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
MEDIA CONTACT: BARTON J.GILBERT(313-7100) AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
CC: Clerk of the Board ATTESTED FED 2 5 1997
County Administrator(via LfM)
County Auditor-Controtter(via L1M) PHIL BATCHELOR,CLERK OF THE BOARD OF
Lessor(via UM) SUPERVISORS AND COUNTY ADMINISTRATOR
Supervisor,District 5(via UM)
Ong:General Services Dept.-UM BY� / ,DEPUTY
SBV 3158dot.wpd
M382 (10188)
LEASE
315 EAST LELAND ROAD
PITTSBURG, CALIFORNIA
JAMES E. SCOTT
TO
CONTRA COSTA COUNTY
FOR THE
SUPERVISOR, DISTRICT 5
TABLE OF CONTENTS
SECTION A: BASIC TERMS AND CONDITIONS
A.1. PARTIES 1
A.2. LEASE OF PREMISE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
A.3. TERM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
A.4. RENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
A.5. EXTENSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
A.6. UTILITIES AND JANITORIAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
A.7. MAINTENANCE AND REPAIRS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
A.8. NOTICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
A.9. EXHIBITS AND ATTACHMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
A.10. WRITTEN AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
A.11. TIME IS OF THE ESSENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
A.12. SIGNATURE BLOCK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
SECTION B: STANDARD PROVISIONS
B1. HOLDING OVER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
B.2. USE OF PREMISES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
B.3. HOLD HARMLESS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
B.4. ALTERATIONS FIXTURES AND SIGNS . . . . . . . . . . . . . . . . . . . . . . 6
B.5. DESTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
B.6. OUIET ENJOYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
B.7. DEFAULTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
B.8. SURRENDER OF PREMISES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
B.9. SUCCESSORS AND ASSIGNS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
B.10. SEVERABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
B.11. WASTE NUISANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
B.12. INSPECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
SECTION C: SPECIAL PROVISIONS
C.1. SERVICE BY LESSOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
C.2. SUBLEASE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
C.3. PRIOR POSSESSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
CA. HAZARDOUS MATERIAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
C.5. INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
C.6. ACCOMPLISHMENT OF IMPROVEMENT . . . . . . . . . . . . . . . . . . . i 1
C.7. COMPLETION AND OCCUPANCY . . . . . . . . . . . . . . . . . . . . . . . . . . 12
EXHIBITS
EXHIBIT A: PREMISES
EXHIBIT B: PLANS AND SPECIFICATIONS
EXHIBIT C: JANITORIAL SPECIFICATIONS
EXHIBIT D: COMMON AREA AND PARKING
LEASE
315 EAST LELAND ROAD
PITTSBURG, CALIFORNIA
SECTION A: BASIC TERMS AND CONDITIONS
A.1. PARTIES: Effective on .TAMES E. SCOTT,
hereinafter called "LESSOR", and the COUNTY OF CONTRA COSTA, a political
subdivision of the State of California, hereinafter called "COUNTY", mutually agree and
promise as follows:
A.2. LEASE 12F PREMISES: LESSOR, for and in consideration of the rents, hereby
leases to COUNTY, and COUNTY leases from LESSOR those certain premises described
as follows: approximately 2,900 square feet of office space, commonly known and
designated as 315 East Leland Road, Pittsburg, California, and more particularly described
in Exhibit"A", outlined in red, attached hereto and made a part hereof together with non-
exclusive use of the common areas and the parking lots as shown in Exhibit "D" attached
hereto and made a part hereof.
A.3. TERM: The term of the Lease shall four (4) years, commencing March 1, 1997 or
upon completion of tenant improvements described herein below and ending February 28,
2001.
A.4. RENT:
A. Base Rental: COUNTY shall pay to LESSOR as rent for the use of said
premises a monthly base rental as follows:
1. TWO HOUSAND SEVEN HUNDRED FIFTY-FIVE AND NO/100
DOLLARS ($2,755.00)per month commencing March 1, 1997 or upon
completion of tenant improvements, whichever is later, through
February 28, 1998.
2, TWO THOUSAND NINE HUNDRED AND NO/100 DOLLARS
($2,900.00) per month commencing March 1, 1998 through February
28, 1999.
3. THREE THOUSAND AND NO/100 DOLLARS ($3,000.00) per
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month commencing March 1, 1999 through February 29, 2000.
4. THREE THOUSAND ONE HUNDRED FIFTY AND NO/100
DOLLARS ($3,150.00)per month commencing March 1, 2000 through
February 28, 2001,
B. Monthly Payments: The total monthly rental shall be payable in advance on
the tenth of each month during the term of this Lease. Payments shall be mailed to: James
E. Scott,
A.5. EXTENSION; This Lease may, at the option of COUNTY, be extended upon the
same terms and conditions, except the rental shall be adjusted as follows:
A. Option: For a four (4) year term, commencing March 1, 2001 and ending
February 28, 2005, at a monthly base rental as follows:
1. THREE THOUSAND ONE HUNDRED FIFTY AND NO/100
DOLLARS ($3,150.00)per month commencing March 1, 2001 through
February 28, 2002,
2. THREE THOUSAND THREE HUNDRED AND NO/100 DOLLARS
($3,300.00) per month commencing March 1, 2002 through February
28, 2003.
3. THREE THOUSAND FOUR HUNDRED FIFTY AND NO/1.00
DOLLARS ($3,450.00)per month commencing March 1, 2003 through
February 29, 2004,
4. THREE THOUSAND SIX HUNDRED TWENTY-FIVE AND NO/100
DOLLARS ($3,625.00) per month commencing March 1, 2004 through
February 28, 2005.
It is understood and agreed COUNTY shall give LESSOR thirty (30) days prior
written notice of its intention to exercise any option to extend this Lease. However, in the
event COUNTY does not give such written notice, its right to exercise any option before
termination of the Lease shall not expire until fifteen (15) working days after receipt of
LESSOR's written demand to exercise or forfeit said option.
A.6, UTILITIES AND JANITORIAL,: COUNTY shall pay for all gas, electric, water,
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and janitorial service provided to the demised premises. LESSOR shall provide garbage
disposal service to the demised premises.
A.7. MAINTENANCE AND REPAIRS:
a. LESSOR shall keep the roof and exterior of the building in good order,
condition, and repair and shall maintain the structural integrity of the building,
including the exterior doors and their fixtures, closers and hinges, glass and
glazing, and all locks and key systems used in the demised premises.
b. COUNTY shall keep and maintain the interior of the premises in good order,
condition, and repair, but LESSOR shall repair damage to the interior caused
by failure to maintain the exterior in good repair, including damage to the
interior caused by roof leaks and/or interior and exterior wall leaks.
C. COUNTY shall repair and maintain the electrical, lighting, water, and
plumbing systems located within the premises in good order, condition, and
repair, but LESSOR shall be responsible for major repair and replacement of
said systems. LESSOR shall deliver the electrical, lighting, water, plumbing
systems and sewer systems in good condition at time of occupancy.
d. LESSOR shall maintain and repair the heating, ventilating, and air-condi-
tioning systems. COUNTY shall reimburse LESSOR for the cost of a
quarterly maintenance contract for said system plus the cost of minor repairs
to said system serving the demised premises.
e. LESSOR shall maintain the parking lot, landscaping, landscape sprinkler
system, and the exterior lighting system in good order, condition and repair.
f. LESSOR shall provide and install, at the direction of the Fire Marshal, the
necessary number of A-B-C fire extinguishers for the premises at no cost to
COUNTY. COUNTY shall thereafter maintain, repair, and replace the extin-
guishers.
g. COUNTY shall not suffer any waste on or to the demised premises.
h. LESSOR shall be responsible for the correction of any code violations which
may exist in the premises, provided LESSOR shall not be liable for correction
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of code violations which arise out of and are directly related to a change in
COUNTY's occupancy or use of the premises.
A.8. NOTICES: All notices given hereunder shall be in writing and shall be deemed to
have been given if personally delivered or deposited in the United States mail postage
prepaid, certified or registered, return receipt requested, and addressed to the other party as
follows or as otherwise designated by written notice hereunder from time to time:
To LESSOR: James E. Scott
To COUNTY: Contra Costa County
General Services Department
Lease Management Division
1220 Morello Avenue, Suite 100
Martinez, CA 94553-4711
A.9. EXHIBITS AND ATTACHMENTS: Section B, Standard Provisions, Section C,
Special Provisions, Exhibit A - PREMISES, Exhibit B - PLANS AND SPECIFICATIONS,
Exhibit C - JANITORIAL SPECIFICATIONS, and Exhibit D - COMMON AREA AND
PARKING are attached to this Lease and are made a part hereof.
A.10. WRITTEN AGREEMENT: Neither party has relied on any promise or
representation not contained in this Lease. All previous conversations, negotiations, and
understandings are of no further force or effect. This Lease may be modified only by a
writing signed by both parties. The headings of the paragraphs are for convenience only and
shall not be considered in construing the intent of this Lease.
-4 -
A.11. TIME IS OF THE ESSENCE of each and all of the terms and provisions of this
Lease.
A.12. SIGNATURE BLOCK
COUNTY LESSOR
COUNTY OF CONTRA COSTA, a JAMES E. SCOTT
political subdivision of the State of
California
By By__
Director of General Services James E. Scott
RECOMMENDED FOR APPROVAL:
By
Deputy County Administrator
By
Deputy General Services Director
By
Lease Manager
APPROVED AS TO FORM:
VICTOR J. WESTMAN, County Counsel
By
Deputy
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LEASE
315 EAST LELAND ROAD
PITTSBURG, CALIFORNIA
FOR
SUPERVISOR, DISTRICT 5
SECTION B: STANDARD PROVISIONS
Bl. HOLDING OVER: Any holding over after the term or extension of this Lease as
provided hereinabove shall be construed to be a tenancy from month to month, subject to the
terms of this Lease so far as applicable.
B.2. USE OF PREMISES: The premises shall be used during the term and extension
thereof for purposes of conducting various functions of COUNTY.
B.3. HOLD HARMLESS: COUNTY agrees to indemnify and hold harmless the
LESSOR from the COUNTY's share of any and all claims, costs and liability for any
damage, injury or death of or to any person or the property of any person, including
attorneys' fees, arising out of negligent acts, errors or omission of the COUNTY, its officers
or employees. COUNTY shall not be liable in the case of any structural, mechanical or other
failure of equipment of building owned and maintained by the LESSOR or for liability which
is attributable, in whole or in part, to the negligence or willful misconduct of LESSOR,
which results in damage to any person or property.
LESSOR agrees to indemnify and hold harmless the COUNTY from the LESSOR's
share of any and all claims, costs and liability for any damages, injury or death of any person
or the property of any person, including attorneys' fees, arising out of negligent acts, errors
or omissions of the LESSOR, its agents or employees.
BA. ALTERATIONS, FIXTURES. AND SIGNS: COUNTY may make any lawful
and proper minor alterations, attach fixtures and signs in or upon the premises, which shall
remain COUNTY property and may be removed therefrom by COUNTY prior to the
termination of this Lease. Any such alterations, signs or fixtures shall be at COUNTY's sole
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proceed to repair the building or correct the problem resulting from the breach and deduct
the cost thereof from rental payments due to LESSOR, provided that COUNTY has given
LESSOR written notice of the breach and provided that LESSOR has not made a substantial
effort to correct the breach.
B.8. SURRENDER OF PREMISES: On the last day of the tern or extension thereof,
or sooner termination of this Lease, COUNTY will peaceably and quietly leave and surren-
der to LESSOR these premises with their appurtenances and fixtures (except signs and
fixtures referred to hereinabove) in good order, condition, and repair, reasonable use and
wear thereof and damage by earthquake, fire, public calamity, by the elements, by Act of
God, or by circumstances over which COUNTY has no control excepted. COUNTY shall
not be liable for painting the interior of the demised premises upon termination of this Lease.
B.9. SUCCESSORS AND ASSIGNS: The terms and provisions of this Lease shall
extend to and be binding upon and inure to the benefit of the heirs, successors, and assigns
of the respective parties hereto.
B.10. SEVERABILITY: In the event that any provision herein contained is held to be
invalid by any court of competent jurisdiction, the invalidity of any such provision does not
materially prejudice either the COUNTY or LESSOR in its respective rights and obligations
contained in the valid provisions of this Lease.
B.11. WASTE, NUISANCE: COUNTY shall not commit, or suffer to be committed, any
waste upon the leased premises, or any nuisance or other act or thing which may disturb the
quiet enjoyment of any other Lessee or occupant of the complex in which the leased
premises are located.
B.12. INSPECTION: The LESSOR reserves the right to enter the premises by prior
appointment only between the hours of 9:00 a.m. and 4:30 p.m., Monday through Friday,
holidays excepted, and to employ the proper representative or contractor in order to see that
the property is being reasonably cared for, that no waste is being made, and that all things
are done in the manner best calculated for the preservation of the property, and in full
compliance with the terms and conditions of this Lease.
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LASS
315 EAST LELAND ROAD
PITTSBURG, CALIFORNIA
SECTION C: SPECIAL PROVISIONS
C.I. SERVICE BY LESSOR: It is understood and agreed LESSOR shall provide
janitorial services as shown on Exhibit "C," and certain maintenance, construction,
remodeling or like services as requested by COUNTY from time to time during the term of
this Lease or extension thereof. COUNTY shall pay to LESSOR as additional rental one
hundred percent (100%) of the costs of the service.
LESSOR shall consult with COUNTY and select either licensed, insured contractors
or employees of LESSOR to provide the service. LESSOR shall obtain COUNTY's prior
approval on the scope, term, and cost of the contracts. COUNTY shall have the right to
change the level of service from time to time by giving LESSOR thirty (30) days' prior
written notice, including the right to terminate any or all service, or to require different
contractors to provide the service.
C.2. SUBLEASE: COUNTY shall have the right to sublease the premises or any part
thereof at any time during the term of this Lease or extension thereof subject to LESSOR's
approval, which shall not be unreasonable withheld.
C.3. PRIOR POSSESSION: Commencing on March 15, 1997, COUNTY shall have
the right to install fixtures, telephones, and other items required to prepare the space for
COUNTY's occupancy and to store furniture., supplies, and equipment, where such can be
accomplished without interferring with LESSOR's construction of tenant improvements.
CA. HAZARDOUS MATERIALS: LESSOR warrants to COUNTY that LESSOR
does not have any knowledge of the presence of hazardous substances or contamination of
the building or premises. LESSOR agrees to defend, save, protect, and hold COUNTY
harmless from any loss arising out of the presence of any hazardous substance in or around
the property which is not related to COUNTY's prior use and occupancy of the premises.
COUNTY agrees to defend, save, protect, indemnify and hold LESSOR harmless
from and against all liabilities, claims, actions, foreseeable and unforeseeable consequential
- 9 -
damages, costs, and expenses (including sums paid in settlement of claims and all consultant,
expert and legal fees and expenses of LESSOR's counsel) or loss directly or indirectly arising
out of or resulting from the presence of any hazardous substance as a result of COUNTY's
activities, in or around any part of the property, including those incurred in connection with
any investigation of site conditions or any clean-up, remedial, removal or restoration work,
or any resulting damages or injuries to the person or property of any third parties or to any
natural resources.
A "Hazardous Substance" is defined to mean any substance, material or waste,
including asbestos and petroleum (including crude oil or any fraction thereof), which is or
becomes designated, classified or regulated as being "toxic", "hazardous", a "pollutant" or
similar designation under any federal, state or local law, regulation or ordinance.
C.S. COMMON AREA- MAINTENANCE REIMBURSEMENT: COUNTY agrees
to reimburse LESSOR for COUNTY's share of actual costs incurred by LESSOR in lighting
the common areas, in keeping same striped, clean and cleared of all debris, garbage disposal,
and in maintaining the common areas in good repair; excluding, however, the costs of any
capitalized improvements or additions to the common areas, COUNTY shall so reimburse
LESSOR after receipt of satisfactory evidence of said costs and the amount due from
COUNTY, but no more than once every other month. In no event shall the COUNTY's
share of the common area maintenance reimbursement exceed THREE HUNDRED AND
NO/100 DOLLARS ($300,00) per month.
C.6. INSURANCE:
a. Throughout the term of this Lease, COUNTY, at its sole cost and expense,
shall maintain in full force and effect a general self-insurance program
covering bodily injury (including death), personal injury and property damage
including loss of use.
b. COUNTY shall provide fire insurance on its own contents, improvements and
betterments and personal property contained within or on the leased premises
under a standard all-risk policy excluding earthquake and flood.
c. LESSOR shall have no interest in the insurance upon COUNTY's equipment
- 10 -
and fixtures and will sign all documents necessary or proper in connection
with the settlement of any claim or loss by COUNTY.
C.7. ACCOMPLISHMENT OF IMPROVEMENTS:
A. LESSOR shall construct improvements per plans and specifications labeled
Exhibit "B", which are attached hereto and made a part hereof, Final plans
and two(2) copies of specifications of materials and equipment to be installed
shall be approved by COUNTY before any construction work is commenced.
After approval by COUNTY, LESSOR shall not make or cause to be
made any changes in the plans or specifications without the prior written
consent of COUNTY. LESSOR shall make changes, additions or deletions
upon written Change Order from COUNTY and such items shall be charged
at a rate not to exceed direct cost. COUNTY hereby reserves the right to
inspect during construction of improvements as specified herein, but will not
interfere with LESSOR's work and will notify LESSOR of any requests,
recommendations or discrepancies.
B. LESSOR shall commence construction within ten (10) days of the effective
date of this Lease and the improvements shall be complete, including final
inspections and issuance of a Certificate of Occupance, by April 30, 1997. If
actual construction has not commenced within, sixty (60) days of the effective
date of this Lease, COUNTY may, upon written notice to LESSOR, cancel this
Lease without cost or obligation to COUNTY.
In the event LESSOR cannot deliver the premises on or before April 1,
1997, as provided hereinabove, rent shall be prorated as of the first workday
after the improvements are completed and accepted by the COUNTY.
However, if the improvements are not completed by May 15, 1997,
COUNTY may, at its sole discretion, terminate the Lease by giving LESSOR
written notice, with no cost or obligation on the part of COUNTY.
C. Upon LESSOR's written request, the dates in this paragraph shall be extended
by the time lost as a result of work stoppages, strikes, shortages of material or
- ll -
Act of God; provided such time lost is entirely beyond LESSOR's control.
C.7, COMPLETION AND OCCUPANCY: The following procedure shall apply for
completion and acceptance of the remodeling of the existing space, hereinafter called
"improvements."
A. Upon LESSOR's completion of improvements and written notice thereof to the
County Lease Manager, COUNTY shall inspect witin three (3) workdays after
receiving the notice and shall accept or reject the improvements within six (6)
workdays of receipt of such written notice.
B. The sole basis for rejection of the improvements shall be nonconformity with
the plans and specifications or applicable laws or ordinances. In the event
COUNTY rejects the improvements, COUNTY shall provide LESSOR with
a reasonably detailed list of the deficient portions or details on the
improvements.
C. LESSOR shall immediately commence to complete or correct the rejected
portion. Subject to subparagraphs (a) and (b) above, rental shall be prorated
as of the first workday following acceptance. However, acceptance of the
improvements shall not constitute a waiver of any warranty of any defect in
regard to workmanship or material of the improvements on the premises.
D. Upon completion and acceptance of the tenant improvements, COUNTY shall
reimburse to LESSOR within twenty (20) working days, COUNTY's share
of the tenant improvement costs as outlined on page I of Exhibit"B", Plans
and Specifications, and for LESSOR's costs for the architectural services
provided for the tenant improvements for the demised premises.
EXHIBITS
EXHIBIT A: PREMISES
EXHIBIT B: PLANS AND SPECIFICATIONS
EXHIBIT C: JANITORIAL SPECIFICATIONS
EXHIBIT D: COMMON AREA AND PARKING
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C. 4149
TO: BOARD OF SUPERVISORSf Contra
FROM: William Walker, M.D., Health Services Director Costa
County
DATE: January 28, 1997
SUBJECT: SUBLEASE OF CREEKSIDE SNF, MANAGEMENT CONSULTING AGREEMENT WITH COBBCO, INC.AND
LICENSE APPLICATION
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
APPROVE a Sublease, commencing March 1, 1997, with Cobbco, Inc. for the premises at 1900 Church Lane, San
Pablo, for occupancy by the Health Services Department, under the terms and conditions more particularly set forth
in said Sublease, and AUTHORIZE the Director of General Services to EXECUTE said Sublease on behalf of the
County.
APPROVE Management Consulting Agreement between Cobbco, Inc and Contra Costa County setting forth terms
and conditions under which Cobbco, Inc will operate the Creekside Care Center(formerly known as Brookside Care
Center),
AUTHORIZE the Health Services Director to submit to the California Department of Health Services a license
application reflecting a change in ownership of Creekside Care Center, a skilled nursing facility in San Pablo.
BACKGROUND:
Contra Costa County Health Services is in the process of entering into a lease for Creekside Care Center, a skilled
nursing facility in San Pablo. This facility has been operated for several years by Brookside Hospital with staffing
provided by Cobbco, Inc. Under the Tenet purchase agreement, Brookside Hospital and the West Contra Costa
Hospital District are unable to continue to operate this facility. In order to assure the continuation of the distinct-part
skilled nursing facility, and to ensure a smooth transition for its residents, HSD will sublease the premises and
engage the services of Cobbco, Inc. to manage it. The County is also submitting an application to license the facility
as a distinct-part skilled nursing facility under Merrithew Memorial Hospital's license.
Major points of the Management Agreement are:
• The term of the management agreement is 10 years, unless terminated earlier by County.
• Lease and Management Agreement to have six,month cancellation clause.
• Cobbco, Inc. will provide program management, administrative, staffing, and marketing services.
• The County will approve the annual Cobbco, Inc. facility budget.
• Cobbco, Inc will invoice the County on a prospective basis for all allowable expenses, including payroll.
• The County will provide working capital from Enterprise Fund I cash.
• The County will retain all revenues generated by Creekside Care Center.
• A net profit is anticipated but not guaranteed.
FISCAL IMPACT:
None. Third party revenue offset.
CONTINUED ON ATTACHMENT: YES SIGNATURE: Y V VV to(�.�j1/Z-1,
_ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE `OTHER
SIGNATURE(S):
ACTION OF BOARD ON FEB 2 5 1991 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS -
J/ 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.
Contact Person:
Patrick Godley 370-5005 2 A C �s�'7
CC_ Health Services Administration ATTESTED J J
PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
DEPUTY
Cq �
TO: BOARD OF SUPERVISORS ` Contra
,l
FROM: •� ` Costa
Finance Committee o 3
DATE: February 25, 1997 '"� .:��Vrq.i 6' County
SUBJECT: SCHOOL FINANCING OF PROBATION OFFICERS IN THE SCHOOLS
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
1. ACCEPT the attached status report from the Probation Department on Probation
Officers in the Schools.
2. DELETE this item as a referral to the Finance Committee.
BACKGROUND:
On February 3, the Finance Committee considered the attached report from the Chief
Probation Officer. The Chief Probation Officer indicated that the schools are not receptive
to sharing the costs for Probation Officers at this point, but that position may change in the
future if average daily attendance figures rise in the schools. The Finance Committee was
assured that adequate program evaluation measures would be in place from which to
assess program impacts.
CONTINUED ON ATTACHMENT: _YES SIGNATURE:
—RECOMMENDATION OF COUNTY ADMINISTRATOR —RECOMMENDATION OF BOARD COMMITTEE
_APPROVE _OTHER
SIGNATURES: Joe Canciamilla Gayle B. Uilkema
ACTION OF BOARD ON FFR 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 FEB 29 1991
Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF
cc: Chief Probation Officer SUPERVISORS ANO COUNTY ADMINISTRATOR
CAO - George Roemer
,DEPUTY
Probation Department Contra Terrence Starr
COUNTY PROBATION OFFICER
Administrative Offices Costa
50 Douglas Drive, Suite 201 County
Martinez,California 94553-8500
(510)313.4180 E` `
(510)313-4191 FAX
To: Finance Committee Date: 2/3/97
\ems
�i�
From: Terry Stan,- subject: Status of School/Probation
Chief Probation Officer Officers
During last year's budget deliberations, the Board expressed concern over the fact that the Contra
Costa County Probation Department was only able to place nine officers in the field to handle
some 2,200 juvenile wards. Out of those deliberations came support from the Board for some
additional officers to work directly with and in the schools around the County.
Beginning in early January, 1997, the Probation Department was able to place three officers at
three specific school locations. DPO Chris Stephenson was assigned to the Pinole Middle School
in Pinole, DPO Kay Shirey was assigned to the Mt. Diablo School District and will be splitting her
time between Mt. Diablo and Olympic High Schools, and DPO Gerald Rasmussen was assigned
to work directly with Pittsburg High School and Riverside Continuation School These are all
experienced probation officers who have worked in these areas before and have a thorough
understanding of the area and familiarity with the schools.
These officers will spend the vast majority of their time on the school campus. Their duties will
include dealing with wards of the Court, which will probably comprise about half their caseloads.
Additionally, they will be working with the school and with parents of at-risk youngsters who will
be on informal probation. The purpose of working with this group of youngsters is actually to
keep them in school and out of the juvenile justice system Additionally, these officers will serve
as members of the SARB (School Attendance Review Boards) as well as IEP(Individual
Education Plan)boards. Finally,these officers will be playing an active role in reducing truancy at
the schools. Caseloads will be limited so that these officers can have the desired effect on the at-
risk youth they are dealing with.
In addition to working with the schools, these officers will be working directly with law
enforcement in the area to see that the youngsters they are responsible for are in the school and
not in the community committing crimes.
Governor Wilson's budget for 1996-97 calls for$150 million to be distributed to police agencies
and to Probation Departments throughout the state to help in delinquency prevention efforts. The
$45 million that will be available to counties through this challenge grant will be awarded in late
ell
- 2 -
May of 1997 and Contra Costa will be applying for up to $1 million a year from that grant. The
three officers we have currently place_' in schools will constitute part of the hard match that is
necessary for the County to secure the grant and will give us a head start on an evaluation of the
program so that we can see if adding other officers to the schools will reduce truancy,keep young
people in school, and reduce the crime rate around those schools. The downside to any grant is
that it is for a specific time and at the current time there is no assurance that the State will
continue to fund these grants once the initial three year time period is over.
With the County's commitment to placing these officers in schools, and with the challenge grant,
we hope that our evaluation will show the schools that it is in their best interests to have a
probation presence on campus. Hopefully,the projected increase in the ADA and a lowering of
the drop out rate will also convince the schools that maybe it would be in their best interests to
share some of the costs for a probation officer after the challenge grant monies run out.
The Juvenile Court Bench, the CAD's office and the Board have all been very supportive of this
attempt to prevent youngsters from entering the juvenile justice system and the next few years will
tell whether these efforts will be successful in making the community abetter place to live.
TS:ds
Attachment
U/sdidpm6l
SCHOOL LIAISON DEPUTY MONTHLY STATISTICS
DEPUTY: SCHOOL: MONTH
TOTAL CASELOAD CASELOAD COMPOSITION
Total Caseload At Beginning of the Month: Total Number of Wards
New Cases Assigned Total Informal(654 W&I)
Cases Transferred or Vacated
Total Caseload At End of the Month
MONTHLY CASELOAD CONTACTS
School Home Office Telephone TOTALS
Visits Visits Visits Contacts
Wards
Informals
Other School Youth
Parents
Collateral
COURT WORK
Petitions Filed: Number Original: Number Supplemental:
Investigations Completed: Reviews Completed:
MEETINGS ATTENDED
IEP: SARK: OTHER TOTAL
All contacts with youth families or collateral agencies either formal or informal must be reflected in the
Deputy Probation Officer's field notes.
Mu +Y'Q
rt � .
g m
r
s;.
OM MONMSWi Ph OW
Kay Shirey works as a deputy probation officer at Mt. Diablo High School, which she believes will make her more effective by work-
ing with the students in their own environment.
" CONCORD TRANSCRIPT 1/30/97
Probation officer more effective on campus
By Andrew Gordon Costa County Probation Department. Mt. Diablo High is the only school in
Staff writer "Part of the problem of being in an the district to have a probation officer,
office is that I don't get to see these kids although the program may spread to
Mt. Diablo High School is taking a in their environment," said Shirey, who Olympic High. Shirey said that she will
proactive approach to dealing with at- started Jan. 22. "This gives me a chance work with 25 to 35 students, and work
risk students. to see them in their own territory, know toward her primary goal of preventing
With the arrival of Kay Shirey— the who they hang out with and what their them from making the same mistake
school's, and the Mt. Diablo Unified day is like." twice, or three times.
School District's, only on-site deputy pro- Shirey insisted that by working out of That mistake could be any number of
bation officer— the issue of keeping stu- Mt. Diablo High instead of an office, she misdemeanors or felonies, from posses-
dents in school and out of trouble is being will be more accessible to the students, sion of a weapon, auto burglary and theft
addressed in a proactive manner. Her and vice-versa She hopes this will help to battery, drugs or sexual assault.
position is part of a joint program those students see her as not someone
between the school district and Contra "out to bust them,"but to help them. Campus, see page 6
Campus been with the Probation school attendance, from eco- merely because he or she do
Department since 1973. nomic to family problems,is the not have a ride, Shirey sa
Shirey worked for 12 years as key to keeping students in that she will be there.
From page 1 a counselor at a girls'treatment school. She sees this accessibility
center. From 1985 to 1992, she "School is their occupation, the key to finding out why cc
Shirey's job is to keep these was a probation officer until their work," said Ruth. "We are Iain students not only don't ;
students from becoming repeat budget cuts forced her down to trying to help them in construe- to school, but why they do:
offenders, and put them on the Juvenile Hall, working the tive ways to improve their work." actively participate if they
right track- By being at school, graveyard shift. Late in 1993, "This does work," said Shirey. attend.
she can keep a closer eye on them she was brought back to full "We want to get these kids back By'being an insider at N
and he there for them in the time as a probation officer until into school and off the streets." Diablo High, instead of an at
flesh,not over a telephone line. this most recent assignment. Shirey has high hopes that Sider, she hopes to motivate t
"Attendance is the big focus, Probation supervisor Paul personal interaction will be the students and develop their ab
getting these kids to go to Ruth asserted that identifying answer for these students. If a ities, so that a job like hers,
school," said Shirey, who has the barriers and hurdles to student doesn't go to school time, won't be necessary._
TO: BOARD OF SUPERVISORS ..... Contra
F Costa osta F
Finance Committee a, a
DATE: February 25, 1997 >-- "'
County
'� UUUMn
SUBJECT: COUNTY INVESTMENT POLICY
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
1. ACCEPT the attached revision to the County Investment Policy which restricts all
securities purchased by the Treasurer's Office to be of investment grade.
2. DELETE this item as a referral to the Finance Committee.
BACKGROUND:
On February 3, the Finance Committee discussed the County Investment Policy with the
County Treasurer. It was agreed that the policy could be easily revised to reduce financial
risk by restricting all security purchases to be of investment grade. Attached is the
proposed revision appearing in section G of page six of the policy.
CONTINUED ON ATTACHMENT: _YES SIGNATURE:
RECOMMENDATION OFC UNTY ADMINISTRATOR —RECOMMENDATION OF BOARD COMMITTEE
_APPROVE OTHER
.z
SIGNATURES: .rOe .�anClc�iamllla, Ga e B. iIkema
ACTION OF BOARD ON FERAPPROVED 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 FEB 2 5 1991
Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF
Cc: Treasurer-Tax Collector SUPERVISORS AND COUNTY ADMINISTRATOR
CAO - De Bell \ �^( �]
BY �-� A- ILA ,DEPUTY
151
FURTHER RESTRICTIONS I LIMITATIONS BY GOVERNMENT CODE
AND COUNTY TREASURER
Further Restrictions Set B9 Treasurer.
A. Reverse repurchase agreements wi!I be used strictly for the
purpose of supplementing income with a limit of ten percent (10%) of the
total portfolio without prior approval of the Treasurer.
B. Swaps and Trades will each be approved on a per trade basis by
Treasurer or Chief Investment Officer.
C. SBA loans require prior approval of the Treasurer in every
transaction.
D. Repurchase Agreements will generally be limited to Wells Fargo
Bank, Bank of America, or other institutions that tri-party agreements have
been executed with the County treasury. Collateral will be held by a third
party to the transaction which may include the trust department of
particular banks. Collateral will be only securities that comply with
Government Code 53601.
E. Securities purchased through brokers will be held in safekeeping at
the Bank of New York or as designated by the specific contract(s) for
government securities and tri-party repurchase agreements.
F. Bank C.D.'s will be collateralized at 105% by government securities
or 150% by current mortgages. There will be no waiver of the first
$100,000 collateral except by special arrangement with the Treasurer.
G. All securities purchased by the Treasurer's Office shall be of
investment grade. The minimum credit rating of purchased securities
shall be as defined by Government Code 53600 et. seq. (as suggested by
the Board of Supervisor's Finance Committee meeting of February 3, 1997, Monday,
9:00 a.m.)
553601.6. Prohibited investments by government code.
(a) A local agency shall not invest any funds pursuant to this article in
inverse floaters, range notes, or interest-only strips that are derived
from a pool of mortgages.
(b) A local agency shall not invest any funds pursuant to this article in any
security that could result in zero interest accrual if held to maturity.
However, a local agency may hold prohibited instruments until their
6
• CY9Z
maturity dates. The limitation in this subdivision shall not apply to local
agency investments in shares of beneficial interest issued by diversified
management companies registered under the Investment Company Act of
1940 (15 U.S.G. Sec. 80a-1, and following) that are authorized for
investment pursuant to subdivision (k) of Section 53601.
553601 Instruments authorized for investments: Maturity
. . . .Where this section does not specify a limitation on the term or
remaining maturity at the time of the investment, no investment shall be
made in any security, other than a security underlying a repurchase or
reverse repurchase agreement authorized by this section, that at the time
of the investment has a term remaining to maturity in excess of five
years, unless the legislative body has granted express authority to make
that investment either specifically or as a part of an investment program
approved by the legislative body no less than three months prior to the
investment . . . .
Quality of Investment Instruments, Issuers and Sources
Regular financial review and analysis of issuers and sources of securities
such as banks and brokerage firms shall be performed. These will be
based on credit rating services' evaluations, financial documents such as
audits, form 10-Q filings to the Securities and Exchange Commission, and
other reliable financial information.
7
TO, BOARD OF SUPERVISORS
Contra
FROM: Costa
Finance Committee
County
DATE: February 25, 1997
SUBJECT: POLICY REGARDING LEASING OF FACILITIES AT COUNTY AIRPORTS
SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1 ACCEPT the attached report on Airport Leasing Policy from the Public Works
Department.
2. REQUEST the Public Works staff to update and circulate, to each Supervisor, a
listing of current leases at the airports including the type and length of the leases.
3. REQUEST the Public Works staff to notify the appropriate Supervisor of potential
major new leases at the County Airports.
4. DELETE this item as a referral to the Finance Committee.
BACKGROUND:
On February 3, the Finance Committee reviewed the attached policy on leasing of facilities
at County Airports. After discussion with Airport staff, County Counsel and District Four
staff, the Committee determined that enhanced communication and information would
avoid problems in the future, and formulated two recommendations to address the issue.
CONTINUED ONATTACHMENT. —YES SIGNATURE:
—RECOMMENDATION OF COUNTY ADMINISTRATOR —RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
'a
SIGNATURE s: Roe e Canciamilla Gayle'B. Uilkem
ACTION OF BOARD ON FFR 9 5 ISHI —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 FTB 2 5 1W
Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF
cc: Public Works Director SUPERVISORS AND COUNTY ADMINISTRATOR
Public Works - Airport Manager
BN A•Li� DEPUTY
AIRPORT LEASING POLICY
I. Introduction
Buchanan Field and Byron Airports"Airports", are owned and operated by Contra Costa
County "County", and are governed by the County Board of Supervisors `Board." Any lease
agreement entered into by the Airports is subject to review and approval by the Board. While not
intended to be all-encompassing,this Leasing Policy can assist in sorting out those important items
which should be considered in lease negotiations.The importance of a solidly structured lease cannot
be underestimated. It is the foundation upon which private enterprise on the Airport build their
businesses. The lease agreement is also a critical element in the future success of the Airports, both
economically and in the quality and types of services provided. This Leasing Policy applies to both
Buchanan Field and Byron Airports.
The Airport prefers to enter into lease agreements with commercial tenants that include
various forms of percentage or participating rents. This places the Airport "in business" with the
tenants, which encourages the Airport to be flexible to the needs and special circumstances of
individual tenants. Therefore, the Airport prefers to negotiate all agreements individually, based
on conditions related to each tenant. The Airport has a contractual relationship with its Tenants
and Licensees, and is interested in seeing that all users are treated fairly and without
discrimination or bias. It is the policy of the Airport not to intervene in feuds between tenants and
third parties. Airport involvement in such instances, if requested, will be limited to facilitating a
dialog between the parties.
Rz Airport Enterprise Fund, fully responsible for operational and capital costs of the
Airports, is mandated to charge fair,reasonable,and not unjustly discriminatory rates and fees. This
is necessary to provide for operations, maintenance, and capital improvements associated with the
Airports. As such, there is very little that is "free" in the way of services or facilities provided by
the Airports. Consequently, the Airport is required to charge a variety of fees, or "rents" from
tenants.
Airport lease agreements can not be negotiated without consideration of some of important
limiting factors, conditions, or restrictions. These include, for example, Federal Aviation
Administration Grant Assurances, Airport Land Use Compatibility Planning, Airport Policy and
Standards for Development, and the Byron Airport Minimum Standards. Other limiting factors are
more fully defined by other agencies and laws having jurisdiction over such matters.
l
�r
II. Goals and Objectives
To obtain a fair market value and rate of return on Airport land,while ensuring compatible land use.
To modernize,standardize, and otherwise make uniformly applicable, lease and license agreements
among similar activities. From time to time, this may lead the Airport to update said Policy or to
abandon previous policies that are no longer deemed to be in the best interest of the Airport.
III. Definitions
Airport, Lessor or Licensor: Contra Costa County Airports, which includes both Buchanan
Field and Byron, are owned by the County. These two Airports are a Division of the County's
Public Works Department, and are managed by the Manager of Airports on behalf of the County.
License: A license is a written contract between two parties to enter onto and use Airport
property. A license is temporary in nature and can be revoked at will. A license is a personal,
revocable, unassignable privilege to use the land of another, and does not represent a legal
possessory interest in the land.
Lease: A Iease is a written contract between two parties, by which the owner of the land or
buildings, agrees to give a party wanting to rent the land or buildings, the legal right to occupy
or "possess" the land or buildings. A lease represents a legal estate, or possessory interest, in the
land.
Premises, or Leased Premises: Any portion of either the Buchanan Field Airport or the Byron
Airport that is subject to a lease with the County.
Tenant, Lessee, or Licensee: Any person, corporation, partnership, or other entity leasing
rights or property on the Airport.
Subtenant: Any person or other entity entering a sublease agreement with Airport's Tenant.
Sublease: A sublease is a legal written contract entered into between a Tenant on the Airport and
V
a third party wanting to use Tenant's leased premises. In this case, the Tenant shall be known as
the 'Sublessor" and the third party shall be known as the "Subtenant." The rights of the Tenant
to enter into sublease agreements for its Ieased premises shall be dictated in the Tenant's lease
with the Airport. The Tenant shall be responsible for the actions of its Subtenants while either
is on the Airport.
IV. Lease Clauses
The foIIowing list is a description of various types of clauses that may by found in any Airport lease
or license agreements. It is not intended to be all inclusive.
Terms: Terms may range from a minimum of month-to-month,to the legal maximum of 50 years.
It is in the best interest of the Airport to keep terms as short as possible,relative to capital investment
made by the Tenant.
Rents: The Airport shall achieve rent based upon a fair market return on land value. Rent may be
in the form of Construction Period Rent, Minimum Base Rent, Percentage Rent, Participating Rent
Fuel Flowage Fees,and/or other fees as deemed appropriate by the Manager of Airports. Percentage
Rent is distinguished from Participation Rent in that Percentage Rent is usually a factor of gross
Receipts. Whereas,Participating Rent may in the form of per-car-fees,in the case of car dealerships,
or another form of a particular Tenants business.
Gross Receipts: Gross Receipts shall be the total of all income received by the Tenant from Tenant's
operations on, from, or related to Tenant's leased premises.
Use: Tenant's specific use of the leased premises will be described in the lease agreement. Tenant
shall abide by all federal, state, and local laws and ordinances in any use of the leased premises.
There may be restrictions on types of activities that are allowed by Tenants.
Security Deposits: Tenants and licensees may be required to pay.a Security Deposit to the Airport
upon entering an agreement for use of airport property.
Revaluation: The Airport is mandated by the Federal Aviation Administration to receive a fair
market value for its leased property. Airport intends that lease agreements shall have a method of
revaluing,rent to accurately reflect the current fair market value of the leased premises.
Audits: Agreements that provide for percentage or other participating rents may provide that the
Airport shall have the right to audit Tenant's financial records.
1
Utidties: Whenever practical, Tenant or Licensee will be responsible for paying all charges for
utilities used by Tenant or Licensee.
c45
Maintenance: All Tenants shall be responsible for maintaining their leased premises.
Hazardous Materials: All lease agreements shall provide that Tenants are responsible for all
hazardous materials used or released on or from their leased premises during the term of their lease.
Tenants shall also be responsible for notifying all necessary parties, including the Airport, in the
event that Tenant becomes aware of a release of hazardous materials on or from the airport.
Stormwater Discharge: All leases shall provide that Tenant take reasonable precautions that
pollutants shall not be discharged into the storm drains.
Security: All users of the Airport shall be responsible for the security of its premises.
Insurance: All Tenants and Licensees operating on the Airport shall be required to purchase and
maintain adequate insurance coverages.
Indemnification: Tenants and Licensees will be required to indemnify Contra Costa County, its
officers,agents,and employees as additional insureds against any of their operations and negligence.
Sale,Assignment: It is the Airport's desire to limit the sale or assignment of a Tenant's leasehold
interest except to qualified parties, as determined by the Airport.
Taxes: All Tenant's at the Airport shall be responsible for paying all taxes assessed to Tenant's use
of the Airport. Taxes may include, but not be limited to, all property or possessory interest taxes.
Refinancing of Leasehold Estate: Tenants should have the ability to finance or refinance their
leasehold interests. However,it is Airport's desire that Tenant have only one leasehold encumbrance
outstanding at any one time.
Airport Processing Fees: In the event that Tenant requires Airport to review Tenant's documents
as related to the Lease(e.g. assignment, financing of leasehold estate, etc.), Airport may request that
Tenant reimburse Airport for its actual expenses incurred in reviewing such documents.
i
I
Non-Discrimination: The FAA requires that neither Airport nor any user of the Airport shall use
the premises or provide services on or from the Airport in any way that discriminates against any
person on the grounds of race, color, or national origin. The FAA further requires that all Tenants
shall furnish its accommodations and/or services on a fair, equal, and not unjustly discriminatory
basis to all users thereof, and that it shall charge fair, reasonable, and not unjustly discriminatory
prices for each unit or service. All Tenants shall be responsible for adhering to all such FAA
requirements.
Reversion: It is Airport's desire that lease agreements provide that all leasehold improvements
should either 1)revert to the Airport upon the termination of the lease, or 2), at Airport's option, be
removed from the airport by Tenant at no expense to airport.
Site Improvements: All improvements constructed on the leased premises shall be as approved by
the Airport and other appropriate agencies.
Lease extensions: The extension of the term of existing leases shall be considered on a case-by-case
basis. The Airport considers that additional years added to the end of an existing lease term can be
represented by monetary value. Tihe monetary value of each lease extension may depend on various
other conditions of the lease, such as the remaining term the existing lease or additional capital
investments made by Tenant, and various methods of cash flow analysis.
Late Fees: Airport may charge late fees for any sums owed to the Airport as specified in each
agreement.
Access: Airport shall have the right to enter onto or access any leased premises under any
reasonable condition.
Written Agreements: All agreements to lease,license,or otherwise use Airport facilities shall only
be in writing signed by both parties.
References:
Policy and Standards for Development
Airport Ordinance
DOT/FAA Part V- Assurances to Airport and Planning Agency Sponsors
i ?:•. BOARD OF SUPERVISOFS
FROM: J. .',ilCHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: October 1, 1996
SUBJECT: BUCHANAN FIELD AIRPORT - BUCHANAN EAST HANGAR COMPANY - SECOND
AMENDMENT TO LEASE
SPECIFIC REQUEST(S)OR RECOMMENDAnON(S)i BACKGROUND AND JUSMCATION
I. Recommended Action:
APPROVE and AUTHORIZE the Public Works Director to EXECUTE, on behalf of the County, a Second
Amendment To Lease with Buchanan East Hangar Company, under the terms and conditions more
particularly set forth in said Second Amendment To Lease.
II. Financial Impact:
$13,400.00 will be deposited into the Airport Enterprise Fund.
III. Reasons for Recommendations and Background:
The Buchanan East Hangar Company (tenant) currently leases approximately .40 acres of land at the
Buchanan Field Airport. The tenant has expressed its desire to extend its lease by an additional ten
years. This item was brought before the Board of Supervisors at the September 17, 1996 Board meeting.
At that meeting, Mr. Anthony Tiritilli asked that the item be held over for one week so that he could gather
additional information. The Board then directed the Manager of Airports to provide a report on this
matter. The following is a summary of the pertinent issues.
In 1984, the County leased a parcel of land at the Buchanan Field Airport to the Buchanan East Hangar
Company. The lease term is due to expire on June 30, 1999. One of the principal owners of the
Buchanan East Hangar Company is Mr. Gerry Alves. In 1991, the County leased a separate parcel of
land at the Airport to LCA, Inc. (LCA). Mr. Alves is also a principal owner of LCA. Mr. Alves has built
four individual executive T-Hangars on the Buchanan East Hangar Company site. Mr. Alves has built
ninety individual aircraft T-Hangars on the LCA site. These leases are for locations on opposite sides
of the Airport, have varying terms and conditions, and are not related in any way other than in Mr. Alves'
involvement.
Continued on Attachment: X SIGNATURE:
—RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE
_APPROVE _OTHER
SIGNATURE(S):
ACTION OF BOARD ON /D-O/—/9 Zb APPROVED AS RECOMMENDED_OTHER
APPWM) the recomnendations as set forth above and REFERRED all Cotmty
and lease polices to the Finance Committee for report to the Board.within
60 bays.
VOTE OF SUPERVISORS
✓UNANIMOUS(ABSENT 1
AYES: NOES:
ABSENT: ABSTAIN:
HEW:DRA:kd web?OI//BIN witaredr a dds asa eawtt sr
\BOta.t10 �1 KidW 00 =7y"
c:
Boom M Baprvlses a ar data sI
Ong Div:Airports(Contact-H.Wight 6465722) zot rM eosrr
cc: County Administrator ,, or/MoMmGrol4AoaarYYmor
Public Works Director
Public Works Accounting
Auditor/Controller
Aviation Advisory Committee
Federal Aviation Administration
B:;CHANAN FIELD AIRPORT - BUCHANAN EAST HANGAR COMPANY -
SECOND AMENDMENT TO LEASE
October 1, 1996
Page Two
In early 1996, Mr. Alves requested that the County consider extending the LCA lease for an additional
ten years. The County agreed to extend the LCA lease in exchange for a payment of$112,500 to the
Airport Enterprise Fund. The Board approved the LCA amendment on July 23, 1996.
While the LCA lease extension was being negotiated, Mr. Alves also expressed an interest in extending
the term of the Buchanan East Hangar Company lease. At that time, Mr. Alves was informed by the
Manager of Airports that the County would consider this as well, but after the LCA amendment had been
completed. The Manager of Airports made it clear to Mr. Alves that the Buchanan East Hangar Company
lease extension would be a separate transaction from the LCA negotiation.
In July 1996, after the LGA agreement had been reached, Mr. Alves again asked that the County
consider extending the Buchanan East Hangar Company lease term by ten years. The value of the lease
extension was estimated to be approximately $15,000. Rather than requesting a cash payment to the
Airport Enterprise Fund, the amendment provided that Mr. Alves would perform certain specific
improvements to the Airport in exchange for the lease extension. This was the basis of the lease
amendment brought before the Board on September 17, 1996. The improvements have not been
completed pending the Board's authorization of the lease amendment.
In order to remove any doubt regarding the improvements, the Manager of Airports requested and
received a specific quote for the cost of the improvements from the Public Works Department. The quote
for this work is $13,400.00. Mr. Alves has agreed to pay this amount in cash. Mr. Alves will not be
completing any improvements on the Airport as part of this lease amendment. A revised lease
amendment is attached to this Board Order for the Board's consideration.
The Board should also be aware that Mr. Tiritilli is a tenant of Mr. Alves on the LCA site, and is not
involved with the Buchanan East Hangar Company site. Our understanding is that Mr. Alves and Mr.
Tiritilli have not been pleased with each other for some time.
Lease extensions are a sound method of raising additional revenue for the Airport Enterprise Fund. The
County has extended the lease term for one other tenant at the Airport (unrelated to Mr. Alves), and has
been approached by other airport tenants who have similar desires.
IV. Consequences of Negative Action:
The lease with Buchanan East Hangar Company will not be extended, and $13,400.00 will not be
deposited in the Airport Enterprise Fund.
To: BOARD OF SUPERVISORS F&HS-02 „£.s. .. ... Contra
r�
MOM; FAMILY AND HUMAN SERVICES COMMITTEE sfi( - ''S Costa
x 4 County
DATE: February 10, 1997
s=a�uxr'z
SUBJECT: STATUS OF RFP FOR EAST COUNTY HEAD START PROGRAM
SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1. ENDORSE the process outlined in the third alternative timeline set forth in the
attached report from the Community Services Director, Scott Tandy, the
slower (24 month) process for reaching a decision about releasing an RFP for
the East County Head Start Program.
2. DIRECT the Community Services Director to make a further status report to
the Family and Human Services Committee in June 1997, regarding the
results of the investigation by the Office of the Inspector General and the
Federal review of the Head Start Program and make any further
recommendations which are considered appropriate at that time.
BACKGROUND:
On November 5, 1996, the Board of Supervisors approved a report from the 1996
Family and Human Services Committee which contained the following
recommendations, among others:
2. DIRECT the Community Services Director to outline three timelines for making a decision
regarding whether to put the East County Head Start Program out to bid again and return those
timetables to the 1997 Family and Human Services Committee by the end of January 1997:
+ A fast track timetable,assuming the most optimistic possible set of circumstances.
CONTINUED ON ATTACHMENT: -YES SIGNATURE:
-RECOMMENDATION OF COUNTY ADMINISTRATOR -RECOMMENDATION OF BOARD O MITTEE �y
APPROVE ,OTHER
SIGNATURE(S)' MARK DeSAULNIER DONNA GERBR
ACTION OF BOARD ON February 25, 1997 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X 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.
County Administrator ATTESTED February 25,_.1997
Contact: Community Services Director PHIL BATCHELOR,CLERK OF THE BOARD OF
cc: Eleanor McGuire, Executive Director SUPERVISORS AND COUNTY ADMINISTRATOR
UcsS0 f
OakStre
Bre � � C/v
Brentwood,CAA 94513 BY i7`7 ,DEPUTY
• A moderate timetable,assuming neither a particularly optimistic nor pessimistic set of
circumstances.
r A slower timetable,assuming the most pessimistic set of circumstances.
3. DIRECT the Community Services Director to conduct surveys of staff,Head Start parents and
the community in East County regarding their views about the current operation of the Head
Start Program and the possible changes in the program were it to be contracted out and report
the results of those surveys to the 1997 Family and Human Services Committee.
4. AGREE that the Board of Supervisors and the Head Start Policy Council need to jointly make
a conscious decision to either issue a Request for Information (RFI)to contract out the East
County Head Start Program or to leave the program as a Grantee-operated Program. That
decision should be make in May 1997 following the March 1997 Federal site visit.
On February 10, 1997, our Committee met with Scott Tandy, Community Services
Director, and reviewed the attached report with our Committee. Also present was
Paul Katz, representing Public Employees Union, Local 1 .
Mr. Tandy recommended that our Committee endorse the third alternative timeline,
namely a 24-month timeframe within which to make a decision about contracting out
the East County Head Start Program. Mr. Tandy noted that the Federal review will
be conducted in May 1997, rather than March 1997. He noted the importance of the
staff focussing their energy and attention on preparing for this audit. He also noted
the investigation currently being conducted by the Office of the Inspector General of
UCSSO and the importance of seeing what the results of that investigation may be.
Mr. Katz indicated that Local 1 supports keeping the East County Program as a
grantee-operated (County-operated) program.
In response to a question from Supervisor DeSaulnier, Mr. Tandy indicated that there
would be a limited number of potential qualified bidders to take over the East County
Head Start Program. Mr. Tandy also clarified that going out with an RFP would not
preclude the County from bidding to maintain the program as a grantee-operated
program. Supervisor DeSaulnier indicated that his interest is simply to insure that
there be a conscious, thoughtful decision made by the Board of Supervisors
regarding whether to contract the program out or maintain it as a grantee-operated
program.
Based on our discussion of this subject, we are making the above noted
recommendations.
-2.
Community Services DepartmentContra Child Development 374-3994
Child Nutrition 374-3850
Administration Costa Communty Action 313-7363
s
1220 Morello Avenue, Suite 101 J Head Start 646-5540
Martinez, California 94553-4711 �O'County Housing and Energy 646-5756
(510) 313-7350 U
Fax: (510)313-7385
s " t
Scott Tandy,
Director
A WUN r
DATE: February 5, 1997
TO: Family & Human Services Committee
FROM: Scott Tandy, Director, Community Services Department
SUBJECT: Three Possible Timelines for Issuance of an RFP for East
County Head Start Program
Until January, 1996, the United Council of Spanish Speaking
Organizations (UCSSO) was a Delegate Agency under contract to
provide a Head Start program. Due to significant administrative defi-
ciencies and disallowed costs the Board of Supervisors elected not to
contract with UCSSO and transitioned services in east County into the
county's Grantee Operated Program (GOP).
On October 28, 1996, the Board of Supervisors adopted recom-
mendations of the Family & Human Services Committee to direct the
Community Services Department to outline three possible timelines
for an RFP process for the east County Head Start program. Staff
prepared the following three options for consideration:
1 . Fast Track: Eight months (January - August, 1997)
This would require the immediate involvement of the Policy Council
and scheduling of community, parent and staff surveys in time to
make a decision by July, 1997. The RFP process could take place
over the summer. A new Delegate Agent could begin providing Head
Start services in September, 1997.
Affirmative Action/Equal Opportunity Employer
2. Moderate: 20 months (January - August, 1998)
This would require the involvement of the Policy Council and the
scheduling of requested surveys by June, 1997. The decision,
however, could be made between June and August, 1997, to assess
its impact on the 1998 Head Start grant, which is due to the Admin-
istration for Children and Families (ACF) in September. The RFP
process could begin in early 1998. The new Delegate Agent could
provide Head Start services in September, 1998.
3. Slower: 24 months (January - December, 1998)
This would also require the involvement of the Policy Council and the
scheduling of requested surveys. The decision, however, could be
made between January and March of 1998 to assess its impact on the
1999 Head Start grant. The RFP process could begin in mid 1998,
with the new Delegate Agent providing Head Start services beginning
in January of 1999.
The Department would recommend to the Committee that it consider
the implementation of option number three. Our reasons are:
• The Department believes very strongly that Head Start needs suffi-
cient time to settle and strengthen as a functioning unit before any
significant changes are considered with respect to the existing
operational structure. The past two and a half years have been
extremely difficult for both the parents and staff of the County's
Head Start program.
• Time and consideration should be given to the new Head Start
Director to perform his own independent assessment of the existing
program, and permit him the time and opportunity to make what he
believes are necessary changes in the current organizational
structure.
2
• The Administration for Children and Families is conducting its next
federal review (OSPRI) of the Head Start program in May of 1997.
Preparation for this review by Head Start staff between now and
May must remain the Department's top priority. Timely response
and corrective action (if needed) to any OSPRI findings after the
issuance of the report must also take top priority.
• The ongoing investigation by agents of the Federal Office of the
Inspector General (OIG) of the United Council of Spanish Speaking
Organizations and their former Head Start contract with the County
is currently in its fourth month. Recently, a total of three OIG
agents were out in east County interviewing many former UCSSO
employees regarding agency activities. The OIG's investigative
findings, if any, could impact or delay any decision regarding the
RFP process.
The timing and potential complexity of all four issues, combined with
the issues of obtaining Policy Council and Board of Supervisor
approval, securing new Head Start sites, obtaining licenses, hiring
staff, and other start-up related activity, would make it very difficult to
consider any significant RFP activity for calendar year 1997, thus
ruling out options one and two. Option three, if enacted, would afford
the Department the time element we would need with consideration to
the above issues to successfully consider and implement an RFP
process in east County.
It is the Department's recommendation that consideration of an RFP
for East County be continued until the results of both the OIG investi-
gation of UCSSO and ACF's OSPRI are completed, and that we bring
this matter back to the Committee in June of 1997 for further review,
discussion and direction.
3
. C, 95'
TO: BOARD OF SUPERVISORS F&HS-01 .... Contra
FROM: FAMILY AND HUMAN SERVICES COMMITTEE Costa
xa - q Count
DATE: February 10, 1997 is rac r `r
SUBJECT: CHILD CARE AFFORDABILITY FUND
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1. ACKNOWLEDGE the opinion of the County Counsel (similar to that reflected
in the attached opinion relating to the Policy Forum) to the effect that no one
involved in making a recommendation to the Board of Supervisors to allocate
funds from the Child Care Affordability Fund may participate in any decision
in which the individual has a financial interest, pursuant to the Political Reform
Act.
2. REAFFIRM the policy set forth in Resolution 82/574 as it pertains to conflicts
of interest.
3. REQUEST that the Family and Children's Trust Committee (FACT) be
authorized to utilize a process similar to that currently used to recommend
expenditures from the Ann Adler Family and Children's Trust Fund to various
agencies to recommend the expenditure of funds from the Child Care
Affordability Fund, beginning with the 1998-99 fiscal year (July 1 , 1998).
4. In order to provide FACT with additional expertise in child care needs in the
County, authorize FACT to seek the advice of representatives from the Contra
Costa Child Care Council, the Child Care Task Force, individual members of
the Task Force, or other experts in the field of child care, as long as this
advice does not involve the types of potential conflicts of interest covered in
the attached opinion from the County Counsel's office.
CONTINUED ON ATTACHMENT: -YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR -RECOMMENDATION OF BOARD C MMITTEE
_APPROVE _OTHER
SIGNATURE(S): MARK DeSAULNIER DONNA GER
ACTION OF BOARD ON FPhrnary 95 1447 APPROVED AS RECOMMENDED X 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 February 25, 1997
Contact: County Administrator PHIL BATCHELOR,CLERK OF THE BOARD OF
cc: Social Service Director SUPERVISORS AND COUNTY ADMINISTRATOR
Community Services Director
Child Care Task Force (Via CAO) /r , //'
FACT (Via Social Service Director) BY (/ lllEEE"' DEPUTY
9,5
F&HS-01
5. REQUEST FACT to report to the Family and Human Services Committee
again on this subject before the end of 1997 on the status of their efforts to
conduct any necessary needs assessment, establish priorities for expenditure
of the Child Care Affordability Fund and to outline an RFP process for the
allocation of the funds in the Child Care Affordability Fund.
BACKGROUND:
On October 22, 1996, the Board of Supervisors approved a report from the 1996
Family and Human Services Committee which contained the following
recommendations:
1. AGREE to continue allocating funds from the Child Care Affordability Fund for the 1997-98 fiscal
year to the agencies and in the amounts allocated for the 1996-97 fiscal year in the Board's
Order approving the Finance Committee report on this subject dated June 18,1996 and DIRECT
the County Administrator to reflect these allocations in the Preliminary County Budget for the
1997-98 fiscal year.
2. DIRECT the Social Service Director and Community Services Director,in consultation with the
Child Care Task Force and Family and Children's Trust Committee,to jointly consider the most
appropriate process for allocating the Child Care Affordability Fund beginning with the 1998-99
fiscal year and provide at least a status report to the 1997 Family and Human Services
Committee by February 1,1997 and forthis purpose REMOVE this item as a referral to the 1996
Family and Human Services Committee and instead REFER it to the 1997 Family and Human
Services Committee.
3. DIRECT the County Counsel to provide his opinion to the members of the Board of Supervisors
and County Administrator on the following questions:
A. "Do the provisions of Government Code Section 1090 or other statutes on conflict of
interest prevent a potential recipient of funds from the Child Care Affordability Fund
from participating on any advisory committee or body which may participate in the
setting of priorities for receipt of funds,establishment of bid documents,reviewing bid
responses,or recommending the allocation of funds from the Child Care Affordability
Fund."
B. "If the answer to question #1 is essentially yes, could a potential recipient of funds
avoid a conflict of interest by:
• abstaining from voting on any motion which would provide a financial benefit
to the individual's agency?
• abstaining from all discussion and voting on any motion which would provide
a financial benefit to the individual's agency?
• agreeing in advance not to apply for or accept any funds from the Child Care
Affordability Fund?"
On February 10, 1997, our Committee met with the Social Service Director, John
Cullen; Community Services Director, Scott Tandy; County Counsel, Vic Westman;
Sara Hoffman, Senior Deputy County Administrator.
Mr. Westman distributed copies of a memo from Mary Ann Mason of his staff to Sara
Hoffman dated August 27, 1996, noting that "The Political Reform Act would not
prevent representatives of contract agencies from serving on the Policy Forum but
would require such representatives to refrain from participating in any decision in
which they would have a financial interest. Government Code Section 1090 would
not apply to representatives of contract agencies serving on the Policy Forum insofar
as a position on the Policy Forum is not a public office for purposes of section 1090.
Common law strictures against conflict of interest and Board of Supervisors policy
-2-
eq
F&HS-Q1
require a member of the Policy Forum to abstain from participation in any decision
in which the member's personal interests might conflict with his duty to the public,
and to avoid even the appearance of a conflict of interest." Mr. Westman indicated
that this same opinion would apply to child care providers being involved in making
decisions to allocate funds from the Child Care Affordability Fund.
Mr. Cullen indicated that, based on this opinion, he would recommend that FACT be
authorized to conduct any necessary needs assessment, establish priorities for
allocation of the funds from the Child Care Affordability Fund, to release and
evaluate responses to an RFP for the Child Care Affordability Fund, and to
recommend allocations from the Fund to the Board of Supervisors. Mr. Cullen
indicated that FACT recognizes that it requires some knowledgeable input on child
care needs and would like to obtain such input from the Child Care Council, Child
Care Task Force or other appropriate sources.
Based on the presentations made to our Committee we have formulated the above
recommendations which we believe will open the allocation of the money from the
Child Care Affordability Fund for the 1998-99 fiscal year and thereafter. Our
Committee will continue to follow this subject through the end of the year in order to
insure that the needs assessment, priority-setting and RFP development are
consistent with the Board's wishes in this regard.
-3-
County Counsel's Office
Contra Costa County
Martinez, California
To: Phil Batchelor, County Administrator
Attn: Sara Hoffman, Senior Deputy Administrator
From: Victor I. Westman, County Counsel �7n
By: Mary Ann McNett Mason, Deputy County Counsel �� /d'
Re: Representatives of contract agencies serving as members of Policy Forum
Date: August 27, 1996
SUMMARY: The Political Reform Act would not prevent representatives of contract
agencies from serving on the Policy Forum but would require such representatives to refrain from
participating in any decision in which they have a financial interest Government Code section
I090 would not apply to representatives of contract agencies serving on the Policy Forum insofar
as a position on the.Policy Forum is not a public office for purposes of section 1090. Common
law strictures against conflict of interest and Board of Supervisors policy require a member of the
Policy Forum to abstain from participation in any decision in which the member's personal
interests might conflict with his duty to the public, and to avoid even the appearance of a conflict
of interest-
BACKGROUND:
nterestBACKGROUND: Based on your memorandum of May 6, 1996, the Board of
Supervisors Order of March 5, 1996, and our telephone conversation of May 21, 1996, our
understanding of the facts is as follows. The Board of Supervisors recently created the Policy
Forum, an advisory body which will handle children and family service issues which affect more
than one department and will make recommendations to the Board as appropriate.
Representatives on the Policy Forum do not have fixed terms_ The County did not have a
statutory obligation to create the Policy Forum. The Forum was created pursuant to the County's
general authority to form advisory committees. (Gov'.t Code § 31000.1.) The Forum's charge is
to identify, discuss and propose solutions to problems in the area of family and human services.
The Contractors' Alliance has requested that a representative number of contractors serve on the
Policy Forum. The Contractors' Alliance is a consortium of non-profit agencies, most of which
contract with Contra Costa County. It is possible that the Policy Forum will deal with policy
issues that could affect programs provided pursuant to contracts between the County and a
contractor serving on the Policy Forum. You have asked whether"the presence of
representatives of contract agencies on the Policy Forum may constitute a conflict of interest."
Sara Hoffman, Senior Deputy Administrator 2 August 27, 1996
DISCUSSION:
1. Political Reform Act(Gov't. Code§§81000 et seq)
Government Code section 87100 provides that:
"No public official at any level of state or local government shall make, participate
in making or in any way attempt to use his official position to influence a
governmental decision in which he knows or has reason to know he has a financial
interest."
Government Code section 82048 defines"public official" to include every member of a
local government agency, among which is an advisory body created by the Board of Supervisors.
"Members" include unsalaried members of boards or commissions with decisionmaking authority.
An advisory board has decisionmaking authority if, over an extended period of time it makes
substantive recommendations which are routinely approved by another governmental agency (i.e.
the Board,) (2 C.C.R. § 18700 (a) (1) (c).) Because the Policy Forum was recently formed, it is
too early to determine whether or not it has"decisionmaking authority" within the meaning of the
Act such that members of the Policy Forum are "public officials" for purposes of the Act.
However, we note that it is the Board of Supervisors policy that its appointed officials,
commissioners and.committee members shall adhere to the principles and rules of the Act. (Res.
# 82\574, copy attached.) Thus, in determining the existence of a conflict of interest we analyze
the issue in terms of the Act.
The Political Reform Act would not prohibit officers and employees of contract agencies
from serving on the Policy Forum. Rather, the Act requires that such persons refrain from
participating in particular governmental decisions in which they have a financial interest.
"Financial interests" are defined in the Act and further elaborated in the regulations promulgated
by the Fair Political Practices Commission. (Gov't. Code § 87103; 2 C.C.R, § 18700 et. seq.) In
the absence of a specific factual situation, we cannot advise whether a representative of a contract
agency would be required to disqualify himself from participation in any particular decision before
the Policy Forum. From the Board Order creating the Policy Forum it is hard to tell whether the
Forum will make recommendations concerning decisions on contracts, for example: whether to
contract for services in one area as opposed to another, or at all; which contracts to fund; which
contracts to terminate; and whether certain standard contract provisions should apply to all
contractors. However, if the Policy Forum will make recommendations on these contract issues,
it is hard to see how a contract agency representative could participate in these matters without
violating the Political Reform Act. A representative of a contract agency is likely to have a
financial interest in any of these matters, not just in issues about the representative's own agency.
In the event that representatives of contract agencies are appointed to the Policy Forum, such
representatives should exercise great caution in this regard. If any questions arise, the
representatives should contact their private legal counsel, since the sanctions for violation of the
Political Reform Act are substantial.
Sara Hoffman, Senior Deputy Administrator 3 August 27, 1996
2. Government Code§1090
In pertinent part, Government Code section 1090 provides:
"Members of the Legislature, state, county, district,judicial district, and city
officers or employees shall not be financially interested in any contract made by
them in their official capacity, or by any body or board of which they are
members."
Contracts made in violation of section 1090 are generally void. (Thompson r: Call
(1985) 38 Ca0d 633, 646; 78 Ops.Cal.Atty.Gen. 230, 234.) For purposes of section 1090, the
"making" of a contract encompasses not only execution of the contract, but also preliminary —
discussions, negotiations and planning for a contract, the recommendation to make a contract, and
advice and influence by a public officer or employee to the contracting body. (Millbrae Assn.
For Residential Survival it City of Millbrae, (19 68) 262 Cal.App.2d 222, 237; Schaefer v.
Berenstein, (1956) 140 CaLApp.2d 278, 291.)
Section 1090 applies to public officers and employees serving in advisory positions to
contracting bodies. (City Council it McKinley, (1978) 80 CaLApp.3d 204, 212-213; Schaefer v.
Berenstein, (1956) 140 CaLApp.2d 278, 291; 77 Ops.Cal.Attv.Gen. 112, 115.) The Board
Order creating the Policy Forum specifies that the Forum's Executive Committee shall include
various public officers and employees, such as the County Administrator and the Health Services
and Social Services Directors and County Superintendent of Schools, all of whom are subject to
section 1090 in any event. However, section 1090 does not apply to persons who are not
otherwise public officers or employees and who are serving in advisory positions which are not
public offices. (Gov't. Code § 1090) A public office is defined to be the right, authority, and
duty, created and conferred by law, the tenure of which is not transient, occasional, or incidental,
by which for a given period an individual is invested with power to perform a public function for
the benefit of the public. A public officer, as opposed to a mere employee, is one who is
delegated a public duty to exercise a part of the governmental functions of the political unit for
which he, as agent, is acting. (Dibb v. County of San Diego, (1994) 8 CaL4th 1200, 121Z)
In our view, a position on the Policy Forum is not a public office for the purposes of
section 1090. The Policy Forum was created pursuant to the Board of Supervisor's general
statutory authority to form citizens' advisory committees. (Gov't. Code § 31000.1.) In contrast
to some other advisory bodies, such as municipal advisory councils, there is no specific statutory
provision addressing the existence and functioning of the Policy Forum. (See, e.g. Gov't. Code §
31010) The Board of Supervisors Order of March 5, 1996 which created the Policy Forum does
not specify the term of office for any representative or the method of succession. At this time,
membership appears to be transient. Representatives on the Policy Forum who are not members
of the Executive Committee are charged only with an advisory role and do not appear to have the
Sara Floffman, Senior Deputy Administrator 4 August 27, 1996
authority or duty to exercise county functions. (See County Counsel Opn. #88-59) Thus, they
are not county"officers" within the meaning of section 1090. Note, however,that members of
the Policy Forum are public officers for other purposes such as the Political Reform Act and the
Board of Supervisors policy on conflict of interest. In addition, the Policy Forum is a body
subject to the Brown Act and must adhere to the Act. (Gov't. Code § 54952 (b ).)
Should the nature of the Policy Forum change such that representatives could be deemed
public officers for purposes of section 1090, and should the Policy Forum advise on or
recommend the making of contracts, section 1090 probably would not prohibit service by a
representative from a non-profit contractor agency. Excepted from the strictures of section 1090
are certain"remote interests" set forth in section 1091 of the Government Code and certain "non-
interests" set forth in section 1091.5 of that code. An officer shall not be deemed interested in a
contract if his interest is only a remote interest and the officer discloses the fact of the interest to
the body, the body notes the interest in its official records, and thereafter the body or board
authorizes the contract by a sufficient vote without the participation of the member with the
remote interest. (Gov't. Code § 1091 (a).) A remote interest includes "that of an officer or
employee of a nonprofit corporation" and "that of an employee or agent of the contracting party,
if the contracting party has 10 or more other employees and if the officer was an employee or
agent of that contracting party for at least three years prior to the officer initially accepting his or
her office. . ." (Gov'.t Code § 1091 (b) (1), (2).)
3. Common Lim
Board of Supervisors Resolution 82\574 adopts the common law policy on conflict of
interest and directs Board appointees to conduct the public business so as to avoid even an
appearance of conflict of interest. (Kimura v. Roberts (1979) 89 CaLApp.3d 871, 875;
Resolution No. 82\574.)
". . . [T]here is a strong public policy against conflict of interest by public officers
and employees." (Eldridge v. Sierra Kov Local Hospital.District (1990) 224
Cal.App.3d 311, 320.) The common law doctrine concerning conflicts of interest
strictly requires public officers and employees to avoid placing themselves in a
position in which their personal interest may come into conflict with their official
duty to the public." (63 Ops.Cal.Atty.Gen. 916, 923 (1980); citing 46
Ops.Cal.Atty.Gen. 74 (1965); 58 Ops.Cal.Atty.Gen. 345 (1975); see County
Counsel Opinion Nos. 92-63, 81-80, 74-100.) The common law doctrine operates
on a transactional basis and requires abstention whenever an official's personal
interest may come into conflict with his duty to the public," (63
Ops.Cal.Atty.Gen. 916 (1980).) Public officials should not be influenced by any
consideration of personal advantage. (Terry v. Bender(1956) 143 CaLApp.2d
198, 206;Stigall v. City of Taft(1962) 58 Cal 2d 565; see County Counsel
Opinion Nos. 82-47, 89-20, 91-97.)"
Sara Hoffman, Senior Deputy Administrator 5 August 27, 1996
The common law prohibitions would not prevent appointment of representatives of
contract agencies to the Policy Forum. Rather, once appointed, members of the Policy Forum
must abstain from any particular Policy Forum or County decision in which their personal
interests might come into conflict with their duty to the public. They also must avoid even the
appearance of a conflict of interest.
MAM\am
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on may 18, 1982 ,by the foitowing vote:
AYES: Supervisors Powers, Fanden, Schroder, Torlakson, and mcpeak.
NOES: None.
ABSENT: None.
ABSTAIN: None.
SUBJECT: Policy for Board Appointees, concerning ) RESOLUTION No. 82/574
Conflict of Interest & Open Meetings. )
1. Statutes on Conflicts. officials, Commissioners, and Committee
members appointed y this Board shall adhere to the principles and rules
of the Political Reform Act of 1974 (Government Code Secs. 81,000 f£.) ,
including the following:
(a) Local government should serve the needs and respond to the
wishes of all citizens equally, without regard to their wealth. (GOV.C.
S810011b).)
(b) Public officials should perform their duties in an impar-
tial manner, free from bias caused by financial interests of themselves
or their supporters. (Gov.C. 581001(b) .)
(c) Public officials should disclose assets and income which
may be materially affected by their official actions, and in appropriate
circumstances they should be disqualified from acting, in order to avoid
conflicts of interest. (Gov.C. S81002(d) .)
2. Common Law Policy on Conflicts. All such officials should so
conduct a pub is business as to avoid even any appearance of conflict
of interest. (See, e.g. , Kimura v. Roberts [1979) 89 C.A.3d 871.)
3. Brown Act. on Open Meetings
(a) Policy. California's "open meeting law" is the Ralph M.
Brown Act. (Gov.C. 5§54950 and following.) This statute declares the
general public policy of the State as follows:
"In enacting this chapter, the Legislature
finds and declares that the public commissions,
boards and councils and the other public agencies
in this State exist to aid in the conduct of the
people's business. It is the intent of the law
that their actions be taken openly and that their
deliberations be conducted openly.
"The people of this state do not yield their
sovereignty to the agencies which serve them. The
people, in delegating authority, do not give their
public servants the right to decide what is good for
the people to know and what is not good for them to
know. The people insist on remaining informed so
that they may retain control over the instruments
they have created." (Gov.C. 554950.)
(b) Enforcement. This policy is elaborated by requirements
that local governmental bodies consider and act on public business in
open meetings, which are enforceable by civil remedies and by criminal
penalties. All such officials must comply with the requirements
applicable to them.
!ttetaey certtty that thta&a trua and cancer copy of
h action taken and entered on the minutes of the
Baud of SUperv)Sdn:On
the dale shown,
Orig. Dept: Clerk of the Board ATTESTED: F O� do. 19Z2_
co. Co. Administrator J.R. CLSSDN, C UNTY CLERK
County Counsel ex 0111clo C19rk of the board
District Attorney
All County Departments and
GwM:eg Fire Protection gistricts by _ Deputy
--�•.nl �r inn vim. -82f574
,
�. 91
TO: BOARD OF SUPERVISORS Contra
FROM: Costa Phil Batchelor, County Administrator s,. s (V'
,4o
DATE: February 25, 1997 -An County
SUBJECT: Monthly Progress Reports on the Merrithew Hospital
Replacement Project
SPECIFIC REQUEST(S)OR RECOMMENOATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
ACKNOWLEDGE receipt of the Monthly Progress Report #51 (dated
December 1996) prepared by O'Brien-Kreitzberg & Associates,
Construction Managers, on the status of the Merrithew Memorial
Hospital Replacement Project, including report prepared by
consultant for contract compliance for the month of November 1996 .
BACKGROUND
The contract for construction management with O'Brien-Krietzberg &
Associates for the Merrithew Memorial Hospital Replacement Project
requires a monthly status report, including the contractors'
compliance with the MBE/WSE and affirmative action contract
requirements, to be filed with the Project Director in the Office
of the County Administrator. A copy of the monthly progress
reports are provided to the Clerk of the Board and the Board of
Supervisors for information purposes,
CONTINUED ON ATTACHMENT: —YES SIGNATURE:
_RECOMMENDATION OF COUNTY ADMINISTRATOR —RECOMMENDATION OF BOARD COMMITTEE J`" -
-APPROVE OTHER
SIGNATURES:
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER .._
VF SUPERVISORS
71 HEREBY CERTIFY THAT THIS IS A TRUE
NANIMOUS(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.
DeRoyce Bell, CAO (335-1093) ATTESTED PEB z5 1997
Contact: County Administrator PHIL BATCHELOR,CLERK OF THE BOARD OF
CC: F. Puglisi, HSD (via CAO) SUPERVISORS AND COUNTY ADMINISTRATOR
O'Brien-Kreitzberg & Assoc. (via CAO)
E. K13evC1r, AAO (via CAO) BY (� lAg�,,���
—,DEPUTY
i
1
CONTRA fCOUNTY
MERRITHEW MEMORIAL !
Progressp• No 51
December, •'6
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SUPPLEMENTAL MATERIAL
ADVISEMENT FORM
A(XNDA DATE: /f&L�lq-- TIEM NO.:
® ADDITIONAL MATERIALS AVAILABLE IN THE MINUTES
❑ ITEM CONTINUED TO:
❑ ITEM DELETED
❑ PUBLIC COMMENT - NONE
❑ CONSIDERED CONSENT ITEMS PREVIOUSLY REMOVED -
SEE SUMMARY FOR CHANGES; OTHERWISE APPROVED AS
LISTED ON THE AGENDA
TEAS SECTION FOR PLANNING HU"S ONLY
❑ ADDITIONAL MATERIAL AVAILABLE IN FILE (NAME):
TO: BOARD OF SUPERVISORS Contra
FROM: <�, f .
Phil Batchelor, County Administrator o s Costa
y� County
DATE. February 25, 1997"{ ux `
Rescind Order for Second Assessment Appeals Board
SUBJECT:
SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION: RESCIND the directive to the County Administrator to initiate
the necessary action to form another five-member Assessment Appeals Board.
BACKGROUND: The Board of Supervisors, at the request of Supervisor Tom
Torlakson, had directed the County Administrator to take the necessary action to
form a second Assessment Appeals Board in order to provide flexibility for the timely
hearing of assessment appeals matters. Problems had arisen making it difficult to
schedule three members for hearings. Subsequently, alternative actions were taken
to assure timely hearings of assessment appeals and Supervisor Torlakson withdrew
his request. Because the direction to the County Administrator was from the Board,
this action is necessary to rescind that action.
' �. 1. . ..
CONTINUED ON ATTACHMENT: —YES SIGNATURE2L',
_RECOMMENDATION OF COUNTY ADMINISTRATOR —RECOMMENDATION OF BOARD COMMITTEE
—APPROVE OTHER
SIGNATURES :
ACTION OF BOARD ON Fahniary 29, 1997 APPROVED AS RECOMMENDED OTHER _
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
_UNANIMOUS{ABSENT j 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 February 25, 1997
Contact: Dean Lucas (5-1077) PHIL BATCHELOR,CLERK OF THE BOARD OF
cc: County Administrator SUPERVISORS AND COUNTY ADMINISTRATOR
County Assessor j/Jn' ,� ® � �
BY "' 4<�(/t/'l�i�/t/ ,DEPUTY
TO.' BOARD OF SUPERVISORS
Contra
FROM Phil Batchelor Costa i
County Administrator County =
DATE January 31, 1997
SUBJECT California State Surplus Property Program
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)8 BACKGROUND AND JUSTIFICATION
2. RECOMMENDED ACTION:
Authorize the Chair, Board of Supervisors, to sign Resolution and Assurance of
Compliance to allow the Sheriff's Office (Administrative Division) to acquire federal
surplus property from the California State Agency for Surplus Property.
II. BACKGROUND:
The California Surplus Property Program warehouses surplus state and federal property.
This property is available for acquisition by governmental agencies and non-profit
organizations. The attached documents are necessary for continued participation in
this program.
Some examples of the types of property which are available to purchase include: copy
paper, disposable gloves, vehicles, office furniture, computers, printers, etc. This
program affords County Departments the opportunity to acquire normally used consumable
items at considerable savings. It also allows the replacement of aging equipment or
vehicles at a cost which meets budgetary considerations.
III FISCAL IMPACT:
Used items available from the California Surplus Property Program are discounted 75%-
90°% from their original acquisition cost. Occasionally brand new items are available
and they are discounted between 25%-50% off their original cost. The County will save
considerable money by obtaining required merchandise from surplus property rather than
by purchasing them at regular prices through the normal procurement process.
CONTINUED ON ATTACHMENT: VES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF FF BOAARRDDD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON t LBAPPROVED AS RECOMMENDED OTHER
VOTE OF'SUPERVISORS
V/ 1 HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AND ENTERED ON THE MINUTES OF THE BOARD
AYESNOES: OF SUPERVISORS ON THE DATE SHOWN
ABSENT'. ABSTAIN.
FEB 2 5 1997
cc: County Administrator of Justice Systems ATTESTED
Sheriff-coroner (for distribution) PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND UNTY ADMINISTRATO
M382 (10188) BY jx ` e� ���L� ,DEPUTY
bffic,e of Surplus Property
CSP Form 203
( 3-92 )
ASSURANCE OF COMPLIANCE WITH GSA REGULATIONS UZIMER
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 , SECTION 506
OF TITLE VI OF THE FEDERAL PROPERTY AND ADMINISTRATIVE
SERVICES ACT OF 1949 , AS AMENDED, S-ECTION 504 OF
THE REHA3ILIT2kTI0N ACT OF 1973 , AS :__!ENCED ,
TI-1-7 IX OF THE EDUC:.iI0D1 iEaDME:7TS OF 1-072 , AS :-?ENDED
AND SECTION 303 OF THE AGE DISC:RI:S_'IAT:CN ACT OF 1975 .
contea ( hath Chum?u r)6biro n o Cti¢hdgg Adm n• ( 2r=- :-a=ter ca' led t e "cc^e_"
( Name cf cone_ organ=nation)
HEREBY AGREES THAT the program for er in connection with which an,; prccerty
1s donated to „he donee will tE CCnCUCte^_ _.: ..CmC�.L anCe 'wit'- , and t.. GOCe�
will comC1V with and will require _n'7 cz',er person ( any le-al entity) w.
^.c
through contractual Or Other arranc_ements With the donee iS all iorized to
ovide services or 'enefits under said program to comply with, all
recu-ireme.n.ts _mCOsed by Cr curauanz to reculat_cns Cr the Gener,=_ Ser-
vices Admin_stration ( 41 CRF !'3 :-0 . 2 ) issued 1--der sae oro7:51Ons C_` erre_
V ..
I OL 'e Richt_ ACL Sect-4 :.,n 1964Sect-4 :.,nov6 Cr . _ .__ ,
e moi_ CL L:e
Prverty and ACSIi:"liSt_ .a_'7� Serv_..es --f_ _" 49 , as a.^e.^.czd, Se=-' cr. 5J1
oftae Renab-l_taticn Act of 1973 , as amended, -_tie I; Cf
Amend-me-:2 cf 1_972 , as amended, and Sec__cn 303 of the Ac Discrim_..at_ ..
Act of 19'5 , to the end that no person -Jr. tine United States _=hail on the
around of race , color, national er_gia, sex, or ace, or taat no etaerwise
'_
CL'al '_=ied -anGcaoce^_ person shall sc-' eiv ❑v reason of th.e hanClcac- , :e
• ec -ne nen b e cte,?
e%CiuGeC ___.0 Oart_ _pa__OR in, Jc Cc^__ _.. .. e=_ _... C= , ..._ e .... �e... _
�o CiSi a'l "G CP. Ender any cr Gc__'! __-J =.,r wr,i.... ....c donee
received _ ____al assistance from =.» General Ser-71Ces Adm-- nistraticn ; and
.._ �___ _ ^.e._.erre__ __r= ar ,J 7.easures neo==zary
to e:_cCtuate tn_s agreement.
.e donee - , ==Her agrees t..ac =-•-s a`reem_..t =_ a" ce = in al'
restects _o the crovisionS of said recala_icns ; =hat t:-= acreement _.._--
Oo '_iCat_ t..e donee for t::2 period during wCLC:^. _t reLaLns Cwmershio or ncs-
sessicn cf anv suc. zrotertv; that the United States shall :ave the
to seek judicial enforcement of this agreement ; and, this agreement shall
be binding u--n anv successor in interest of -he donee and the word "donee "
as used herein includes any such =successor in interest.
DATE February 25, 1997 Contta Costa County 0 Rice oA the ShekiA6, Admin.
Donee Organization
By
(President/Chairman of the 2oara
or comparable authorized official )
651 Pine Stneet, 7th Hoot
Mwtttnez, CA 94553
Donee Maxiing Address
SASE Fora 201—A 11/89
-• DEPARTMENT OF GENERAL SERVICES cp-ds-It C..4 g
PRC3CUREMENT DIVISION
SURPLUS PROPERTY
1421 NO.MARKET BLVD.
SACRAMENTO,CA 958341938
(916)9284630 NJ== =MAL AMMT=
FEDERAL SDRF= nOPEnT PROGM
A. 3sae of orgeni=tion Contra Cohta CountB Ub6ice al he Chonil/.AA�nn.Talawme (5101 335-1527
Address 651 Piwo Ct' 7th F� �t7 A42ntino� Cogmt7 Cnnnn (seta Zip 94553
organization 1. a:
PUMIC A®ICw 93EW1T ACM
A. Canser+ncisa _I. Private ce�
3. *semardc Development r. Prince Balch
v. Pdmracion - ADA ... Olde imaeYor AG far Sr.Mta.
3. Parra 6 M. Baseless Ptow
E. Public malth
�-r'". Pumlic Safscy
_ = or sera listed WM. Categories :�I-L-1
i. Other (includes
library/wasnw) Jaber of sites
Homeless Prow= Enrollment or member of cumats served
B. S .Qa .S O L D T i O X
'R 7 1L5M70 by the C;*v rnlum 3ard. 09 St the Chief .Adsisinnfoys Offleer at thea
orvai"t:ms which do hot hews a governing board, sed Denby ordered that the officials)
ima/or aeialms) whose h ts). titl- ts). and aitnatoxv(s) ase :fisted Delon swill 5w and
is (an) imrw satborized as our :epresamcanTe(s) to acgwlts fmmral smrpism property
fila :he Caliionia State Adenc7 lot Sanism Preparty ams chs 'mane bed Camitiae :istsd
as tone t. erw side of this :arm."
VAME-! int or =me) 4.-Z SIMCM
Michaof R_ Ritteilao &=- tx
George Lawaence Lieutenant
PISSED .UID AM= this 25t13sy of February ly 97 by the so..ning 3wrc of
Contxa Costa County W the iollseiaa race:
Ayes: 5 ; Ion:0 Abeesc• 0
:.
Phit t BatcheRnn. Ca mW A&m4,6 natoa andancit of the coverasma 3merd at
ftmn l o� ❑mo V2xhe do hereby certify ththe f wer"Ift s a
cull. :zw, bon correct copy of a resolution aeopted by the 3mard at all o3rC1 tia{
thereof held at Its resular plate of meeting at the date ase by the Teta shove states, w cA
:reolution a on :ile = the Office of the -%wd.
(Sicnad) �iI.Po ..
3 IT - IF :M HAVE A (OVH3'IIl'rC' 31M, S8=26 "A" AND '"S' M11D BE C2f=.
IF mi m m AVE A (gull MU BOAS, Somas "a" AND 'L' SM 18 M4U=.
C, Amor= t�his�25thda of Febr err _ , 199 byr
VWIfiYII \off Supervisor, District IV
noon of Caisf Aaanti
tniatTe Officer i
(Sirsed) Supervisor Mark DeS-ulnie--
FOR S= AGF11C: MM
Appllcatiee apprevad: Applicat4.,.. dimapprowedr
Ccs to or addl"--1 inforamcics•
D>.se SS>pled:
TO: BOARD OF SUPERVISORS
FROM: Phil Batchelor, County Administrator` Contra
Costa
*.. A
DATE; February 25, 1997 �t;I� ' County
a uron
SUBJECT: Authorization for Release from Liability in Favor of
Contra Costa Water District for the Contra Costa County
Fire Protection District' s Use of Facilities
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS :
Approve and authorize the Chair of the Board of Supervisors to approve the
statement of release contained within the attached letter in favor of the
Contra Costa Water District for the Contra Costa County Fire Protection
District ' s use of Contra Costa Water District facilities .
BACKGROUND:
The Contra Costa County Fire Protection District wishes to use the canal
system owned by the Contra Costa Water District to conduct water rescue
training exercises . The statement of release contained within the attached
letter, which has been reviewed by County Counsel and Risk Management, must
be approved before Contra Costa Water District will allow Contra Costa Fire
Protection District to use the canal system.
CONTINUED ON ATTACHMENT: _YES SIGNATURE: c),,
—RECOMMENDATION OF COUNTY ADMINISTRATOR —RECOMMENDATION OF BOARDIOOMMITTEE
APPROVE _OTHER
SIGNATURES
ACTION OF BOARD ON February 25, 1997 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 February 25, 1997
Contact: Joseph J. Tonda - 335-1450 PHIL BATCHELOR,CLERK OF THE BOARD OF
cc: CAO Risk Management SUPERVISORS AND COUNTY ADMINISTRATOR
Contra Costa County Fire p
Protection District
Contra Costa Water District BY (� Kl v/ / DEPUTY
(via Risk Management)
C. 9q
The Board of Supervisors Contra Phil Batchelor
Clerk of the Board
Costa and
County Administration Building County Administrator
651 Pine Street, Room 106 (510)335-1960
Martinez, California 94553-1293 County
Jim Rogers,1st District
Gayle B.Uilkema,2nd District
Donna Gerber,3rd District
Mark DeBaulnier,4th District
Joe Canciamilla,5th District
o r
orc
February 6, 1997
Michael Salazar, Risk Manager
Contra Costa Water District
P. 0. Box H2O
Concord, CA 94524
Dear Mr. Salazar:
Re: Authorization for Release from Liability in Favor of
Contra Costa Water District for the Contra Costa Fire
Protection District's Use of Facilities
In consideration of permission to obtain access to approved
areas of the canal system on agreed upon dates to perform training
drills, the Contra Costa Fire Protection District does hereby
release and forever discharge the Contra Costa Water District,
their officers, agents, employees and lessees of and from all
claims, demands, damages, actions or causes of action now existing
or which may hereafter arise on account of illness or injuries
sustained by employees of Contra Costa County Fire Protection
District by reasons of said activity and of and from all claims
whatsoever in law or in equity, which employees of Contra Costa
County Fire Protection District have or may have by reason of any
matter, cause or thing whatsoever prior to the date hereof or
hereafter.
Sincerely,
R -
Mark DeSaulnier, Chair
Board of Supervisors
MD:py
CAP
TO: BOARD OF SUPERVISORS Contra
FROM: Phil Batchelor Costa
County Administrator
DATE: February 25, 1997 �-: _. __...��
County
`� IVVM
SUBJECT: Continue Local Emergency for December 1996 and
January 1997 Storms/Floods
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)8 BACKGROUND AND JUSTIFICATION
RECOMMENDATION
Determine that there is need to continue the local emergency with
regard to the December 1996/January 1997 storms/floods.
BACKGROUND
On Januay 7 , 1997 the Board of Supervisors ratified the County
Administrator's Proclamation of a Local Emergency due to the wide-
spread damage to public infrastructure and private property caused
by the subject storms/floods. The California Emergency Services
Act requires the Board to periodically determine the need to
continue the emergency declaration. Inasmuch as the emergency
period, as established by the State Office of Emergency Services,
is still in effect, it is appropriate for this Board to determine
the need to continue the local emergency.
CONTINUED ON ATTACHMENT: _YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR —RECOMMENDATION OF BOARD COMMITTEE
_APPROVE _OTHER
SIGNATURE S:
ACTION OF BOARD ON 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 FEB 2 5 1997
Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF
cc: CAO SUPERVISORS AND COUNTY ADMINISTRATOR
OES
BY ,DEPUTY