HomeMy WebLinkAboutMINUTES - 06151996 - 2.4 TO: BOARD OF SUPERVISORS 2.4
FROM: Mark Finucane, Health Services Director fT;�;. Contra
-NZ Costa
DATE: June 15, 1993 = County
SUBJECT: VECTOR CONTROL PROGRAM
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
1. Approve the attached resolution regarding the transfer of the Vector Control Program from the
County Health Services Department to the Contra Costa Mosquito Abatement District.
2. Direct County Counsel, upon receipt of a certified copy of a resolution adopted by the Governing
Board of the Mosquito Abatement District, containing the same terms as the attached resolution, to
file a dismissal of the appeal pending.
BACKGROUND:
The Contra Costa Mosquito Abatement District sued the County and the Auditor to avoid the Special
District Augmentation Fund contribution required by Revenue and Taxation Code Section 98.6. Believing
it was bound under the American River case, the Contra Costa Superior Court ruled against the County and
the County filed an appeal.
Representatives of the Health Services Department and the Contra Costa Mosquito Abatement District have
been meeting regularly over the past several weeks, to develop a mutually beneficial agreement. County
Counsel prepared the attached resolution outlining the terms agreed upon by the Health Services
Department and Mosquito Abatement District officials for settlement of the case.
YES
X SIGNATURE l/Ll i LAat4.
CONTINUED ON ATTACHMENT:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON June 15, 1993- APPROVED AS RECOMMENDED OTHER X
The Board appointed Scott Tandy, Chief Assistant. County Administrator, to the Contra
Costa Mosquito Abatement District's Board of Trustees for a four year term ending
January 2, 1997.
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.
Contact Person: William B.Walker, M.D. (370-5010) June 15, 1993
CC: Health Services Department ATTESTED
Environmental Health Division, 1111 Ward PHIL BATCHELOR, CLERK OF THE BOARD Of
County Administrator SUPERVISORS AND COUNTY ADMINISTRATOR
Auditor Controller
County Counsel
County Personnel Department IS. Beadle)
Mosquito Abatement District (C. Beasley)
BY5� , DEPUTY
RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA
COSTA
0
Resolution of the Board of Supervisors of the County of Contra Costa Settling Litigation
with the Contra Costa Mosquito Abatement District Concerning the Special.District
Augmentation Fund
Resolution No. 93/329
The Board of Supervisors of the County of Contra Costa, a political subdivision of
the State of California, in a meeting held on the 15th day of June, 1993, at Martinez,
California, RESOLVES:
WHEREAS the Board of Supervisors of the County of Contra Costa; the County of
Contra Costa; and Kenneth J. Corcoran, Auditor-Controller of the County of Contra
Costa (hereinafter collectively referred to as the "County") and the Contra Costa
Mosquito Abatement District (hereinafter referred to as "District") are parties to litigation;
and
WHEREAS District filed a Petition for a Writ of Mandamus and Complaint for
Declaratory Relief in the Superior Court of the State of California for the County of
Contra Costa, Case No. C92-04887, alleging that its allocation of property taxes was
unlawfully reduced by the County pursuant to Revenue and Taxation Code Section
98.6(a), following organizational changes undertaken by District subsequent to fiscal
year 1978-79; and
WHEREAS County cross-complained against District for the amount of the
alleged "bailout benefits" received by District ; and
WHEREAS hearing on the case was held, judgment was entered against the
County and for the District, and the County has appealed the Superior Court Judgment,
and
WHEREAS the Auditor-Controller has by letter on file with the Clerk of this Board
fully approved this Settlement, and
WHEREAS settlement of this litigation, under the following terms and conditions,
is found to be in the best interest of County.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the
County of Contra Costa that the terms and conditions of settlement of this litigation shall
be as follows:
1. District is relieved of its claimed obligation to make Special District
Augmentation Fund contributions, pursuant to Revenue and Taxation Code
Section 98.6(a), for fiscal year 1992-93 and for all future years. County will have
no obligation to make any Special District Augmentation Fund distributions to the
District. The District's 1992-3 SDAF contribution amount of $401,493 (plus
accumulated interest but less the 1.42% property tax administration fee),
currently held by the Auditor-Controller of the County pursuant to a Restraining
Order issued by the Contra Costa County Superior Court, shall be transferred
forthwith to District for use by the District within its discretion. Notwithstanding
any other provision of the Revenue & Taxation Code effective at the time of this
Agreement, the parties agree that, for purposes of the County Auditor-Controller
making the calculation required by Revenue & Taxation Code section 97 for the
1992-93 and subsequent fiscal.years, the District's SDAF contribution amount
shall be included within the amount of property tax revenue allocated to the
District, which amount shall not be subject to reduction pursuant to Revenue &
Taxation Code section 98.6(x)
2. District will make a good faith commitment to clean up any toxic
substances from its Brentwood site within a reasonable time in accordance with
applicable requirements of the government agencies that monitor and control
such projects.
3. Effective July 1, 1993, the commencement of the 1993-94 fiscal year,
District will permanently assume responsibility for and County will transfer to
District the County's Vector Control Program currently administered through the
Health Department of County. District will thereby relieve the County of all
responsibility for Vector Control and commit to indefinitely maintaining and
effecting the Vector Control Program throughout the County to the best of its
ability.
4. To defray District's costs of taking over vector control, County shall pay
District as follows: 1) $75,000 on July 1, 1993, 2) $75,000 on July 1, 1994, and 3)
$50,000 on July 1, 1995. Incident to the transfer of the Vector Control
responsibilities, County will transfer ownership to the District of any personal
property, equipment and records currently used in the County's Vector Control
Program. County will retain any real property presently used in said program. If
as a part of the assumption of the County's Vector Control Program effective July
1, 1993, the County transfers title to any and all equipment and material presently
utilized in association with that program to the District, County shall warrant to the
District, with regard to such equipment and materials, that there are no pending
citations, criminal prosecutions or other claims of violation of State or Federal law
RESOLUTION NO. 93/329
(collectively "claims") with respect to the handling, storage, distribution, use or
disposal of hazardous or toxic waste or materials as defined under State or
federal law. If such claim(s) in fact are pending as of July 1, 1993, County agrees
to indemnify and hold harmless and defend the District against such claims.
County shall also save harmless and indemnify District from any claims and
liability which may exist as a result of the operation of the Vector Control function
arising prior to July 1, 1993. Correspondingly, upon County representing the
absence of such claims, District agrees to release the County fully and completely
for any liability associated with any claims which may occur on, or after July 1,
1993. Such release on the part of the District shall not extend to undisclosed
claims as of July 1, 1993.
5. Employees of County, now employed as part of the County Vector
Control Program, who desire to transfer employment to District as part of the
Vector Control System, may do so. District shall employ such personnel at their
current salary and benefit levels received from County and without loss of their
currently vested benefits. Conditions of employment with District shall be subject
to the meet and confer provisions of the Meyers Milias Brown Act. Arrangements
for said transfer shall be completed on or before July 1, 1993, as further specified
in Exhibit A hereto.
6. District waives its right to recover from County any funds contributed to
the Special District Augmentation Fund prior to fiscal year 1992-93. Each party
will pay their own attorney's fees and costs incident to the litigation and this
settlement.
7. The parties agree to cooperate for their mutual benefit in the defense of
any action filed against the executed Settlement and subsequent Judgment in this
action.
8. The Parties agree that this Resolution constitutes a full and final
resolution of all matters and causes of action arising out of this litigation.
9. Upon receiving a certified copy of a Resolution adopted by the
Governing Board of the District, containing the same terms as Paragraphs 1
through 8, above, of this Resolution, counsel for the County shall forthwith file a
dismissal of the appeal with prejudice, and the County shall comply with the
terms of the Judgment.
RESOLUTION NO. 93/329
EXHIBIT A
Lead Vector Controller Clifford A. Smith 54-1955
Vector Control Technician Charles Berry 54-1968
Vector Control Technician John Chase 54-1978
RESOLUTION NO. 93/329
PASSED AND ADOPTED by the Board of Supervisors of Contra Costa County by
the following vote:
AYES: Supervisors Powers, Smith, Bishop, McPeak and Torlakson
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: June 15, 1993
Phil Batchelor , Clerk of the Board of Supervisors
and County Administrator
By �, Deputy
c:\word\fi les\setmd.doc:6/10/93-3
RESOLUTION NO. 93/329
... . . . . Utj
BEFORE THE BOARD OF TRUSTEES OF
COMM COSTA MOSQUITO ABATEMENT DISTRICT
Resolution of the Contra Costa. Resolution 93-6
Mosquito abatement District
Adopting..Agreement of Settlement.
and Approval Regarding Litigation
Frith the County of Contra Costa,
et al, Concerning the Special
District Augmentation Fund '
P.t a meeting
of-the hoard of Trusteesof the Contra Costa -_.. _
Mosgtt _Abatement District, a special district organized and
existing, under the .laws-- of 'the State of California; held- on the
- _14th day of+.June, 1993; at, 155 Mason Circle, Concord, California,
--be
ing:=present --the fallowing Resolution -was:_adopted: --:
-'the''. Centra Costa
Kos _-6' , Abateiaent Da strict
; (hereinafter referred to as the "District") and .the Board of
Supervisors of the County of Contra Costa; the County of Contra.
Costa.', a d_Kenn+e .J Corcoran.. Auditor-Controller-of`the:_County..of
Coritxa .costa-(hereinafter collect:iVely referred-to -as--"County"-) -are
parties:ao_� litigation;
Distract: filed a Petition -for a_. Writ of Mandamus and
Complaint ,for Declaratory Relief in the Superior Court of the State
- : -.:r: .-of-:Cal fcrnia_faz. the-,.County of.- Contra -Costa._--Case.,Kd. .:C92-04887
`.allocation. 'ofaroperty yta�ces�_bras- lirilawfully:
_ reduced'-by tae County pursuant to Revenue and- Taxation Code -Section
-_98 d 6,-_:;followings_organizational changes undertaken. by District
_subse - year 1978-79; .and
quent.7to":fiscal
WHEREAS County cross-complained against District for the
-
amount....of he all ed benefits received b District- and
WHERM�S hearing on the case was • held and Judgiaent entered
against the County and for the District and the County has appealed
said Judgment; and
parties have enteredinto settlementnegotiations
and reached agreement on the resolution of this litigation, the
District and County seek to reacb a full and final .resolution of
all matters and causes of action. arising out of this litigation;
and
Re elutien 93-5
WIM13AS settlement of thi.-s litigation, under the following
terms and conditions, are found to be in the best interest of
District.
NOW, THEREFORE, BE XT RESOL17ED by the Board of Trustees of the
Contra Costa Mosquito Abatement District that the - terms and
conditions of settlement of this; litigation shall be as follows:
1. District is relieved of its claimed obligation to make
Special District Augmentation Fund contributions,, pursuant to
Re-venue and Taxation Code Section 98.6(a) ,, for- fiscal year 1992-93
and for all future years. County will have no obligation to make
any Special District Augmentation Fund.• distributions to the
District. The amount of $401,493, plus accumulated interest le'
- Tax-Administration Fee,- represe'
the* . -1-.42-% -:-'Prop6rty nting . the
District's 1992-93 Special District Augmentation Fund contribution
----currently-- being --held - by the Auditor-Controller -of -the -- County,
,pursuant to a--Restriinlng Order.' issued by "the Contra Costa* County
Superior .Court, shall be.transferred,-forthwith to District for use
by " withiii its discretion.' ,. Notwithstanding'-_4#y other
pro
iris;ion '6fthe�'Revenue -& Taxation-Code,. effectiveat-the:-time of
this Agreement,, the parties agree that, - for-purposes of the County
Auditor-Controller making the calculation required by Revenue &
Taxation Code -section .97 for. .the 1992-93 and . subsequent fiscal
years.;.= --
the District!,s.--,sDA 'P �.-contz ibution-amoimt'-'shall .,be included
within the. amount . of property tax revenue allocated to the
-which_amufit-!shall-!not_ be__'subjec-t _+_o_reduction ,pursuant
to' 'Revenue Taxation Code section on 98.6(a)
2. District will make a. good faith commitmant to clean up
any tanCes-'fr A .�
on thin i
tip d-1--ill--accordanee with applicab.Ld :rdqui-tOmehti:--of the-,government
agencies that monitor and control such projects.
3. Effective July 1, 1993, the commencement of the 1993-94
f 3-s-Cal- year,_... District will permanently' assrame. responsibility for
and County will transfer to District the County's Vector Control
-Program-aa=ently-,administered�--thrpucjh-.the.-Health Department of
County.
-District will '--therel:4 --relieve --the - county of all-
responsibility for Vector Control and commit .to indefinitely
maintaining and effecting the Vector Control Program throughout the
County to the:bist:%of Its ability.
4. To defray Dis-twict,v s; costs of taking over Vector :Contro:L,-
County shall pay District as follows:
.(1) $75,000 on July 1, 1993, at the start of the 1993-
94 fiscal year,
(2) $75,000 on July 1, 1994, at the start of the 1994-
95 fiscal year, and
2: Resolution 93-6
J +16:1 4j(I
(3) $50,000 on July 1, 1995, at the start of the 1995-
96 fiscal year.
Incident to the transfer of the Vector Control responsibilities,
County will transfer ownership to the District of any personal.
property,, equipment and record:5 currently used in the County's
Vector Control Program. County -will retain any real property
presently used in said program. If as a portion of the assumption
of the County's Vector control Program effective July 1, 1993.. the
County transfers title to any and all equipment and material
presently 'utilized in association' with that . program to the
District, County shall warrant to the District, with -regard to such
equipment and* materials, that there are,:
e.: no pending citations,
criminal prosecutions or other claims , of violation of State or
7. federal law-{collectively "claims") with respect to the..handling,,
storage, distribution, use or disposal of hazardous or toxic waste
or. materials - as defined under State or federal law. If such
clalim(s) in fact are pending as of July 1, 1993,, -County agrees -to
indemnify and hold harmless and defend the Pistrict against such
also save, harmless and.indemnify.' District
rOM any- -the
lability Wilich may exist.-as a result of�
operation- of the Vector Control function arising prior to July 1,
1993: "Correspondingly, upon County representing. the absence of
such.- claims,. ...District agrees to release the County fully and
____=-_---f------=-_--. --- -.-complately,,,forL-,any- liability associated with--any.--
-.!r-,laims. ?nay-
.,-oc=w on, or after July 1, 1993. Such release on the part. of the
strict"_.sh;Eill not extend to undisclosed claims -as--of- July-1, 1993.
5. Employees of County, now employed as part of the County
Vector control Program, who desire to transfer employment to
t
-ict.
art .of:the Vector control System,, -may-,d '-so.--District
h-'peirso- nnel at their current*: salary�'--.And--,-:benef it
,_shall, enplosuch y..
levels received from County and without loss of their currently
vested benefits. Conditions of employment with District shall be
subject to the meet and confer provisions of the Meyers Hilias
Brown Act. Arrangements for said transfer shall be completed on or
before July 1, -1993.
6t-waives its r recover
6. Distri wai fromCountyany
funds contributed to the special District Augmentation Fund prior
to fiscal year 1992-93. Each party will pay their own attorney's
fees and costs incident to the litigation and this settlement.
7. Provided County passes a resolution through its Board of
Supervisors, adopting and agreeing to the terns and conditions of
the settlement set forth herein,, . the President of" the Board of
Trustees of District and the General Manager of the District are
authorized to execute any documents necessary to effect said
Agreement and Settlement.
Resolution 93-6
S. The parties agree to coo-P erate for their mutual benefit
in the defense of any action filed against the Settlemer,.t and
Judgment in this action.
9. The Parties agree that this Resolution constitutes a full
and final resolution of all matters and causes of action arising
out ofthis litigation.
10. Upon receipt of a certified copy of this resolution, and
upon adoption of a similar reciprocal resolution by the County,
Counsel for the County shall file forthwith a Dismissal with
Prejudice of their appeal and. County shall comply With the terms of
the Judgment.
I, FR3DA ERICKSEN, the undersigned Secretary of the said Board
of Trustees of the Contra Costa Mosquito Abatement District, a
special, distrir_t, hereby. certify that I am the Secretary of said
special district, the foregoing is a full, true and correct copy of
the Resolution passed by the Board of Trustees thereof at a meeting
of said Board held on the day and at the place therein specified,
and that said Resolution has nevex been revoked, rescinded, or set
aside, and is now in full force and effect.
PASSED AND ADOPTED by the Board of Trustees of the Contra
Costa Mosquito Abatement District June 14, 1993, by the following
vote.
f -F-reda Ericksen
Secretary, Board of Trustees
AYES: Z8
HOES: p
ASSENT: ;2
ABSTAIN: (T
4 Reso Lut i cry 573-6
TO: BOARD OF SUPERVISORS 3E.0. -6-
Contra
FROM: INTERNAL OPERATIONS COMMITTEE
Costa
Co
County
.DATE: May 24, 1993 aosTA
SUBJECT: APPOINTMENT TO THE CONTRA COSTA MOSQUITO ABATEM DISTRICT
BOARD OF TRUSTEES
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1 . DETERMINE whether to appoint William Ro to another term on
the Contra Costa Mosquito Abatement District's Board of
Trustees.
2 . REMOVE this matter as a referral to ur Committee.
BACKGROUND:
The term of office of William Ross as one of the Board of
Supervisors ' three representatives o the Contra Costa Mosquito
Abatement District's Board of Trustee expired January 2, 1993.
Our Committee interviewed Mr. Ross n May 24, 1993. There have
been proposals for the Mosquito Ab tement District to take over
vector control activities from the H alth Services Department. The
Governor's recent proposal in the "May Revise" to transfer the
property tax of most special dis rict's would, if implemented,
transfer 88% of the Mosquito Abat ment District' s revenue to the
County General Fund. There has en discussion about having the
Health Services Department take o er the functions of the Mosquito
Abatement District.
In view of all of these proposals, the possibility that the Special
District Augmentation Fund wil be abolished this year and the
status of litigation between th County and the Mosquito Abatement
District, our Committee is see
ofk ng direction from the full Board of
Supervisors in terms of Mr. R ss ' reappointment to the Mosquito
Abatement District's Board rustees .
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOM ENDATION OF BOARD COMMITTEE
APPROVE OTHER
SUNNE WRIGHT McPEAK JEFF SMITH
SIGNATURE(S):
ACTION OF BOARD ON june 8, 1993 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED
Contact: County Administrator PHIL BATCHELOR,CLERK OF THE BOARD OF
cc. Charles Beesley, PhD, Executive Dlrecto±UPERVISORS AND COUNTY ADMINISTRATOR
Contra Costa Mosquito Abatement District
County Counsel
William Ross BY DEPUTY
County Administrator Contra Board of Supervisors
cta Tom Powers
Cos
County Administration Building 1st District
651 Pine Street,11th Floor Jeff Smith
Martinez,California 94553-1229 County 2nd District
(510)646-4080 Gayle Bishop
FAX:(510)646-4098 3rd District
Phil Batchelor „. E:,Z- Sunne Wright McPeak
— � o
County Administrator �, 4th District
Tom Torlakson
5th District
June 16, 1993
Charles Beesley, PhD
General Manager
Contra Costa Mosquito Abatement District
155 Mason Circle
Concord, CA 94520
Dear Dr. Beesley:
On June 15, 1993, the Board of Supervisors voted unanimously to
make an appointment to replace William Ross on your Board of
Trustees . The Board' s new representative is:
Mr. Scott Tandy
Chief Assistant County Administrator
County Administration Building - 11th Floor
651 Pine Street
Martinez, CA 94553
Please insure that Mr. Tandy receives notices of all meetings and
is briefed on all issues currently confronting the district. Mr.
Tandy' s appointment is for a four year term ending January 2, 1997 .
Very truly yours,
/5-;w
I
Claude L. Van Marter
Assistant County Administrator
CLVM:amb
van6-77-93
cc: Supervisor Tom Torlakson
Supervisor Tom Powers
Supervisor Jeff Smith
Supervisor Gayle Bishop
Supervisor Sunne Wright McPeak
Scott Tandy, Chief Assistant County Administrator
Jeanne Ma.glio, Chief Clerk, Board of Supervisors