HomeMy WebLinkAboutMINUTES - 09191995 - SDA TO: BOARD OF SUPERVISORS
s
` E
,. Contra
FROM. Phil .Batchelor, County.Administrator
Costa
���
DATE: September 19, 1995 �Tq_.--:-. Count'`T` y
SUBJECT: STATUS REPORT ON COURTHOUSE FIRES
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1. FIND, based on the evidence set forth below and as contained in the minutes of the
Board meeting, pursuant to Public Contract Code Sections 20134 and 22050, that
an emergency exists, that the emergency will not permit a delay resulting from a
competitive solicitation for bids, and that the action described in this order is
necessary to respond to the emergency.
2. DELEGATE to the General Services Director the authority to proceed in the most
.expeditious manner to repair the fire damage at the County Courthouse at 725
Court Street, Martinez, and the Mt. Diablo Municipal Court facility at 2970 Willow
Pass Road, Concord, to clean-up and dispose of refuse from the Mt. Diablo
Municipal Court facility at 1950 Parkside Drive and to obtain temporary facilities and
enter into leases or lease amendments as required to maintain County operations
while repairs are made.
3. DIRECT the General Services Djrector to make reports to the Board of Supervisors,
as required by Public Contract,Code Section 22050, stating the reasons justifying
why the emergency will not permit a delay resulting from a competitive solicitation
for bids and why the action is necessary to respond to the emergency, in order to
enable the Board of Supervisors to review the emergency action and to determine
that there is a need to continue the action.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
a
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON ep em er 19, 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.
CC: ATTESTED
PHIL BACHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
See Page 4
M382 (10/88) BY ;Lias
4. DECLARE that the project, as an emergency, is exempt from the provisions of the
California Environmental Quality Act under Public Resources Code Section 21080
(b)(2) and (4) and Section 15269 (b) and (c) of the State CEQA Guidelines.
5. ACCEPT this report from the County Administrator on the extent of the damage
which was caused by the fires.
6. EXPRESS the Board's appreciation to all staff who undertook the extraordinary
work needed to restore public services in the shortest possible time and to all staff
who have and will continue to cooperate in making training and conference room
space available for the use of the Superior and Municipal Courts, despite the
disruption which this has caused for a number of services and programs.
7. ACCEPT the attached schedule indicating where the various Superior Court
Departments will be conducting court for the next several days or weeks until the
Courthouse can be made fully available for use by the Court and staff.
8. RATIFY the actions of the County Administrator and General Services Director in
entering into an oral contract with the Paul Davis Services Company to undertake
the cleaning of the fire damaged facilities and for the removal, cleaning and
restoration of the fire damaged records and for the lease of other required
temporary facilities and services.
9. DIRECT the County Administrator to make additional reports to the Board of
Supervisors as events warrant further reports.
BACKGROUND:
On Thursday, September 14, 1995, the County Courthouse at 725 Court Street, Martinez
and the Mt. Diablo Judicial District court facilities at 1950 Parkside Drive, Concord and
2970 Willow Pass Road, Concord, were severely damaged by fire, rendering the buildings
unusable. The buildings house courtroom and support functions, offices of the County
Clerk-Recorder and District Attorney.
We must first of all recognize the work of the firefighters from the Contra Costa County Fire
Protection District in responding as quickly as they did, in preserving as much in the way
of records and equipment as they did and for investigating the causes of the fires as
quickly and as professionally as they did, thereby assisting in the apprehension of the two
suspects who are currently under arrest.
To permit the continued conduct of operations and services, emergency temporary
accommodations are being arranged; fire, smoke and water damage must be controlled;
and damage must be repaired in the shortest possible time .
The General Services Director has initiated actions to secure and assist with the fire
damaged premises' repair and to provide temporary accommodations, under the direction
and with the approval of the County Administrator.
Using the normal design and bid process, repairs could not begin for approximately three
months. The normal procedures for bidding don't apply and repairs can begin immediately
pursuant to provisions of Sections 20134 or 22050 of the Public Contract Code, when the
appropriate findings of an emergency are made by the Board of Supervisors.
We are, therefore, recommending that the Board (as of September 14, 1995 and to this
date) make such findings, direct the General Services Director to proceed with the project
and enter into any necessary contracts and declare that, as an emergency, the project is
not subject to the provisions of the California Environmental Quality Act (Public Resources
Code Section 21080).
2
As we have advised the Board over the past five days, the damage to the three facilities
varied widely. The Parkside facility in Concord, which housed the two criminal
departments of the Mt. Diablo Municipal Court, is a total loss. The Willow Pass facility in
Concord, which housed the traffic, small claims and civil department of the Mt. Diablo
Municipal Court, sustained substantial damage to the rear of the building where the
records were housed. One courtroom is still usable and the other can be made usable
within a few weeks. The courthouse in Martinez, which housed 12 Superior Court
Departments, sustained substantial damage in the records section of the Clerk's Office in
the basement. The balance of the building sustained substantial smoke and soot damage
to the building and to the tens of thousands of records which are housed in the courthouse,
both by the Clerk-Recorder and the District Attorney, the full extent of which is still being
assessed.
Beginning less than two hours after the fires broke out, city, County and Court staff have
cooperated fully and have done an extraordinary job of getting the courts back in operation
and minimizing the damage to vital court records. Steve Weir, County Clerk-Recorder,
was on the job Thursday morning while the fire in Martinez was still being put out. Staff
from the Municipal Court, Superior Court, Clerk-Recorder's Office, District Attorney's
Office,- General Services Department, Data . Procession Division of the County
Administrator's Office, Risk Management Division of the County Administrator's Office, and
the County Counsel's Office have all done a magnificent job by moving quickly, decisively,
and professionally to do what needed to be done. They rescued records, identified
alternative building locations in which the courts could meet, brought in the Paul Davis
Services Company, restoration specialists who were already working on the aftermath of
the Walnut Creek-Danville Municipal Court fire, and identified priorities for which facilities
needed to be addressed first in order to minimize to the extent possible the disruption to
the public. The entire Training Institute in the George Gordon Education Center has been
displaced in order to provide facilities for the Mt. Diablo Municipal Court's two criminal
departments, which were set up and operational yesterday morning. This caused the
relocation or cancellation of numerous training classes and the disruption of Board
Committees and others who had reserved space in the Training Institute for meetings.
Alternative facilities were located in which each of the Superior Court Departments could
operate temporarily until the courthouse could be made available again. Attached is a
chart outlining where each Superior Court Department is currently operating. This
schedule is, however, subject to change on a daily basis.
The cooperation of the staff from the City of Martinez, the City of Concord and the
Community College District has been outstanding and is greatly appreciated.
County staff worked until 1:00 A.M. on Monday, September 18, 1995 to insure that the
Court's and Clerk's computer and telephone systems were operational and ready for use
on Monday morning. The volume and quality of work which took place over the last
weekend can only be described as overwhelming and nearly unimaginable, when one
looks at where we started at 6:00 A.M. on Thursday and where we arrived at by Monday .
morning. The needs for furniture, office equipment, computers and related supplies had
to be assessed on Friday, purchased or rented on Friday, delivered over the weekend and
be installed and ready for the opening of business on Monday morning.
Much remains to be done. Tens of thousands of records still need to be stabilized
chemically, cleaned and treated, copied in some cases, and returned to their proper place
in the courthouse. The entire courthouse needs to be cleaned in a very special manner
to insure that all traces of smoke damage, odor and soot are removed. Some painting will
be required. Carpets will have to be cleaned or replaced. Furniture must be cleaned or,
in some cases, replaced. Even the heating and air-conditioning ductwork and ceiling
insulation have to be inspected and some of it may need to be removed and replaced
because of smoke damage.
The Paul Davis Systems Company has begun stabilizing the area of the courthouse in the
basement where the fire was started. This area will have to be cleaned first so that
additional smoke and residue does not continue to migrate through the rest of the building.
They will then begin with the County's highest priorities, making the District Attorney's
3
Offices on the fourth floor and the five courtrooms on the third floor available. We have
been promised that these will be available by next Monday, September 25, 1995. The
second floor will then be available by the following Monday, October 2, 1995. The final
two floors, including the basement, will take an additional two weeks since they include the
areas most damaged by their proximity to the fire's origin in the basement.
In Concord, one courtroom in the Willow Pass Road facility was made available for the
Court's use yesterday. It will handle all traffic, small claims and civil cases for the Mt.
Diablo Municipal Court. The other courtroom will operate full-time from the Main Detention
Facility in Martinez, instead of part-time as it has been in the past. It will require about 6-8
weeks to make the Willow Pass facility fully operational again, including the necessary
construction on the rear end of the building, where that fire began, since there is structural
damage to the roof and rear wall of the building. The records at this facility likewise have
to be removed, stabilized, treated, copied where necessary and then be returned to their
proper location in the courthouse.
There is little that can be done with the Parkside Drive facility except to bulldoze the
building and start over. There is restoration work to be done on the portion of the facility
which belongs to the City of Concord because of the fire's spread from the County building
to the City's facilities. The County's building is clearly a total loss. All equipment,
furniture, supplies, computers, etc. will have to be replaced.
We will continue to make periodic reports to the Board as are required by the emergency
declaration and as are appropriate in view of developing events.
cc: County Administrator
Presiding Judge, Superior Court
Superior Court Executive Officer
Presiding Judge, Mt. Diablo Municipal Court
Interim Municipal Court Administrator
Chief, Contra Costa County Fire Protection District
County Clerk-Recorder
District Attorney
Foreman, 1995-96 Grand Jury
General Services Director
County Counsel
Director, Data Processing Services
.Risk Manager
City Manager, City of Martinez
City Manager, City of Concord
Chancellor, Community College District
4
CONTRA COSTA COUNTY - SUPERIOR COURT
DEPT. 12 - HON. JOHN C. MINNEY, PRESIDING JUDGE - BRAY BLDG - ROOM 2003
MONDAY, SEPTEMBER 18, 1995
DEPT. 1 - HON. ROBERT G. MCG RATH, JUDGE
DEPT. 2 - ;HON. BARBARA ZUNIGA, JUDGE - A.F. BRAY COURTS BLDG. - ROOM 2016
DEPT. 3 - HON. DOUGLAS E. SWAGER, JUDGE - DETENTION FACILITY - 1010 WARD STREET
DEPT. 4 - HON. �AYNE A. WESTOVER, JUDGE
DEPT. 5 - HON. JAMES J. MARCHIANO, JUDGE - A.F. BRAY COURTS BLDG. - ROOM 3016
DEPT. 6 - HON. IGNAZIO J. RUVOLO, JUDGE - 651 PINE STREET, 10TH FLOOR
DEPT. 7 - HON. EDWARD L. MERRILL, JUDGE - A.F. BRAY COURTS BLDG. - ROOM 3025
DEPT. 8 - HON. MARK B. SIMONS, JUDGE - A.F. BRAY COURTS BLDG. - ROOM 2025
DEPT. 9 -.HON. ELLEN S. JAMES, JUDGE - 610 MAIN STREET - HILSON'S BUILDING
DEPT. 10 - HON. LOIS HAIGHT, JUDGE
DEPT. 11 - HON. PETER L. SPINETTA, JUDGE - A.F. BRAY COURTS BLDG. - ROOM 2011
DEPT. 12 - HON. JOHN C. MINNEY, PRESIDING JUDGE - BRAY COURTS BLDG. - ROOM 2003
DEPT. 13 - HON. RICHARD L. PATSEY, JUDGE - A.F. BRAY COURTS BLDG. - ROOM 2012
DEPT. 14 - HON. JOHN VAN DE POEL, JUDGE - 651 PINE STREET - BOARD CHAMBERS
DEPT. 15 - HON. RICHARD S. FLIER, JUDGE - A.F. BRAY COURTS BLDG. - ROOM 3003
DEPT. 16 - HON. PATRICIA K. SEPULVEDA, JUDGE - A.F. BRAY COURTS BLDG. - RM 3012
DEPT. 17 - HON. JAMES R. TREMBATH, JUDGE - A.F. BRAY COURTS BLDG. - ROOM 3025
DEPT. 40 - HON. JAMES H. LIBBEY, COMMISSIONER - 930 WARD ST - VET'S BLDG - 1 ST FLOOR
DEPT. 41 - REFEREE JOSANNA BERKOW - 930 WARD ST - VET'S BLDG, BASEMENT
DEPT. 50 - REFEREE JUDITH A. SANDERS - 625 COURT STREET - ROOM B001
DEPT. 51 - DOROTHY L. MCMATH, COMMISSIONER - 625 COURT STREET - ROOM 8001
DEPT. 61 - REFEREE BRUCE STIRLING - 930 WARD ST - VET'S BLDG - 1 ST FLOOR
DEPT. 28X - HON. RICHARD E. ARNASON, JUDGE - A.F. BRAY COURTS BLDG - ROOM 2003
MICHAEL MCCABE, JUDGE PRO TEM - 651 PINE STREET - 12TH FLOOR
i
STUART WILLIS, JUDGE PRO TEM - A.F. BRAY COURTS BLDG - ROOM 2011
DATE:
REQUEST TO SPEAK FORM .
(THREE (3) MINUTE LIMIT)
Complete this form and place it in the box near the speakers' rostrum.. before
addressing the Board.
PHONE: 9 .2,—ZA Zf�>
ADDRESS: 14j �Uc��/�DfrC ,C�/t CITY: —7y tVF�-4---
I am speaking formyself OR organization: Co�►�D�/�c'as7 �s������rr- �5 /�3ts
Check one: (NAME OF ORGANIZ-XTION)
I wish to speak on Agenda Item # ./ ' .
My comments will be: general for against
I wish to speak on the subject of
I do not wish to speak but leave these comments for the Board to consider.