HomeMy WebLinkAboutMINUTES - 11161999 - SD4 TO: BOARD OF SUPERVISORS Confra
Costa
FROM: PHIL BATCHELOR, County Administrator County
DATE: November 16, 1999
SUBJECT: MEMORANDUM OF UNDERSTANDING BETWEEN COUNTY AND
SUPERIOR COURT ON NEW FAMILY LAW CENTER
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
1. APPROVE and AUTHORIZE the County Administrator to execute the attached
Memorandum of Understanding with the Contra Costa County Superior Court, California
on the project scope and plan for financing the construction of a new Family Law Center.
2. RECEIVE presentation from the City of Martinez regarding parking alternatives that will
mitigate the loss of parking that will result from the construction of the new Family Law
Center.
FISCAL IMPACT:
The total estimated cost of the new Family Law Center is $11.5 million. The County has
committed $7.5 million towards the total cost. The Superior Court has identified additional funds
to finance the balance of the estimated project cost.
BACKGROUND:
On November 2, 1999, the Board approved the site of the parking lot adjacent to 1111 Ward
Street for the development of a new Family Law Center and authorized the County Administrator
to proceed with the design of this facility once an agreement could be reached with the Superior
Court on the final scope of the project and the plan for financing the cost of the project. This
agreement has been reached and is attached hereto. In recognition that the 1111 Ward Street
parking lot will be lost with the construction of the new Family Law Center, the County has been
working with the City of Martinez to develop alternative parking accommodations.
ATTACHMENT: YES SIGNATURE:.
-- RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF
BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
---_------_ --�__- _ • -�_ __-___-_
--AC ION OF BOARD ON� .�,� �s� APPROVE AS
RECOMMENDED OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
UNANIMOUS(ABSENT- .�- 1 AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES: NOES: SHOWN.
ABSENT: ABSTAIN:
ATTESTED
CONTACT:GEORGE ROEMER,(925)335-1055 PH L BATCHELOR,CLERK OF THL-'
BOARD OF SUPERVISORS AND
CC: COUNTY ADMINISTRATOR COUNTY ADMINISTRATOR
CAPITAL FACILITIES DIRECTOR
SUPERIOR COURT
CITY OF MARTINEZ(VIA CAO)
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MEMORANDUM OF UNDERSTANDING BETWEEN
CONTRA COSTA COUNTY AND
THE CONTRA COSTA COUNTY SUPERIOR COURT
This MEMORANDUM OF UNDERSTANDING is executed this 16th
day of November, 1999, by the CONTRA COSTA COUNTY SUPERIOR
COURT, CALIFORNIA, hereinafter referred to as COURT, and the COUNTY
OF CONTRA COSTA, hereinafter referred to as COUNTY, to formalize the
agreement for the financing of the construction of a new Family Law Center.
The total project cost for the new Family Law Center is estimated at $11 .5
million. The County has committed to provide up to $7.5 million towards the
total project cost. Recognizing that an additional $4 million will be needed to
complete the project, the COURT has suggested that the County borrow the
additional funds and the debt service be financed by the COUNTY in two
ways: through an increase in charges by the COUNTY to the COURT for
public defender services and through occupancy cost savings from the
relocation of family court services staff from its current leasedlocation to the
new Family Law Center. The COUNTY and COURT recognize that the debt
service costs are estimated to be $400,000 per year for as long as 25 years.
Therefore,
A. The COUNTY agrees to:
1 . PROVIDE up to $7.5 million towards the' total project cost of a
new Family Law Center and ASSIST with the planning and
development of such project, working with the COURT, the
General Services Department and the City of Martinez.
2. BORROW for the benefit of the COURT up to $4 million to apply
towards the total project cost of a new Family Law Center.
COUNTY intends to use, at its discretion, revenue generated
through additional increased annual charges to the COURT for
CRC810 public defender services in an amount up to $327,500
and occupancy cost savings generated when the COURT vacates
leased space at 724 Escobar Street, Martinez, California up to
$72,500 to pay the debt service costs.
FAMILY LAIN CENTER MOU NOVEMBER 1999 �
3. BEGIN CHARGING the additional increased annual charges to
the COURT for CRC810 public defender services referenced in
Section A (2) for services provided on and after July 1, 2001 or
when the COURT secures state funding for these additional
charges, whichever is sooner.
4. CONTINUE to bill the COURT the CRC 810 eligible costs of
providing support services including, but not limited to,
contracted bailiff and other security services via the Sheriff's
Department; public defender and alternate defense services via
the Public Defender's Office; payroll and accounting services via
the Auditor-Controller's Office; communication and procurement
services via the General Services Department; personnel/benefits
administration, information technology, risk management, and
facilities management services via the County Administrator's
Office; investment services via the Treasurer-Tax Collector; and
legal services and representation via County Counsel; and
Countywide overhead, at a rate that shall not exceed the cost of
providing similar services to county departments and special
districts.
B. The COURT commits and agrees to:
1 . The development of a new Family Law Center consisting of
approximately 39,000 gross square feet for a total project cost of
$11,500,000. The total project cost includes all direct
construction costs, sitework, and contingencies, architect/
engineer project management, and consultant fees; County costs
directly attributable to project development, furniture, fixtures,
and equipment.
2. RECOGNIZE that the COUNTY has not been charging the
COURT its full annual costs for public defender services and
ACCEPT additional charges up to $327,500 annually based on
service levels provided as of the effective date of this agreement
for at least the period of years required for the County to
discharge the aforenoted $4 million borrowing obligation. This
agreement does not preclude other documented increases in
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4'1
FAMILY LAW CENTER MOU NOVEMBER 1999
charges emanating from, but not limited to, increases in services
levels and increases in staff and supplies costs.
3. APPLY to the State for any supplemental allocations necessary to
cover CRC 810 costs related to services provided by the
COUNTY to the COURT.
4. VACATE leased space at 724 Escobar Street, Martinez, California
and RELOCATE family court services staff to the new Family Law
Center.
5. AUTHORIZE the quarterly journal to the Trial Court Operations
(Agency) Fund of any expenditures and/or revenues accruing to
the COUNTY budget for CRC 810 costs on or after January 1,
1998, including but not limited to those services referenced in
Section A (4).
This agreement is not meant in any way to alter, modify or affect the
MEMORANDUM OF UNDERSTANDING executed June 25, 1998 among the
COURT, COUNTY and AUDITOR-CONTROLLER on trial court funding. By
their below execution of this memorandum, the Administrator and Presiding
judge warrant that their respective principals (the County and the Superior
Court) have approved this memorandum and authorized their signing of it.
This agreement shall be binding upon, and inure to the benefit of, any assigns
or successors of the parties hereto.
y .�. 14_
PHIL BATCHELOR, County Administrator MARK SIMONS, Presiding judge
County of Contra Costa Contra Costa County Superior court
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AMENDMENT NO. 1 TO THE JUNE 26, 1998
MEMORANDUM OF UNDERSTANDING BETWEEN
CONTRA COSTA COUNTY AND
THE CONTRA COSTA COUNTY SUPERIOR COURT
THIS AMENDMENT to the June 26, 1998 Memorandum of Understanding
between Contra Costa County, hereinafter referred to as COUNTY and the
Contra Costa County Superior Court, California, hereinafter referred to as
COURT, is executed this 16th day of November, 1999 to formalize a revised
agreement on the transfer of the Probate/Guardianship program from the
COUNTY to the COURT. The parties hereto agree to the following
amendments:
1 . Amend Section A (9) to read: The COUNTY agrees to fund the net annual
cost (expenditures minus revenues) of the Probate/Guardianship program
up to $472,000 until the COURT secures state funding for the program
and upon receipt of an itemized accounting of the program's financial
experience. COUNTY agrees that fee revenues assessed to defray the
costs of guardianship and conservatorship investigations under the
Probate/ Guardianship program shall accrue to the COURT once the
program is fully transitioned.
2. Add Section C (11): The COURT agrees to the transition from the County
Probation Department to the COURT of the Probate/Guardianship
program and agrees to staff and operate the program. The date by which
the program will be fully transferred to the COURT is anticipated to be
February 1, 2000. The COURT commits and agrees to aggressively seek
state trial court funding and associated fee revenues to defray the actual
gross costs of operating this program.
By their below execution of this memorandum, the Administrator and Presiding
Judge warrant that their respective principals (the County and the Superior
Court) have approved this memorandum and authorized their signing of it.
This agreement shall be binding upon, and inure to the benefit of, any assigns or
successors of the parties hereto.
/PHIL BATCHEL , oun y Administrator MARK SIMONS, Presiding Judge
County of Contra Costa Contra Costa County Superior Court