HomeMy WebLinkAboutMINUTES - 01252000 - C61-C66 TO: BOARD OF SUPERVISORS C'W
FROM: Phil Batchelor, County Administrator t r a
DATE: January 25, 2000 �
sLa
SUBJECT: final Stiement of Claim- UOUI
January Fredenburg vs. Contra Costa County
Sup. Court#C97-01976 & USDC#C96-3136
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Receive this report concerning subject final settlement and payment from the General Liability
Trust Fund in the amount of$75,000.
BACKGROUND/REASONS FOR RECOMMENDATION:
Janet L. Holmes, defense counsel for the County, has advised the County Administrator that
within authorization an agreement has been reached settling the general liability claim of
January Fredenburg vs. Contra Costa County.
This Board's December 14, 1999 closed session vote was: Supervisors Canciamilla, Uilkema,
Gioia, and DeSaulnier, yes, and Gerber, no.
This action is taken so that terms of this final settlement and the earlier December 14, 1999
closed session vote of this Board authorizing its negotiated settlement are known publicly.
CONTINUED ON ATTACHMENT: YES SIGNATURE: "L�fl LL
RECOMMENDATION OF COUNTY ADMINISTRATOR OMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON JAWARY 25 s 2000 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
AND ENTERED ON THE MINUTES OF THE.BOARD
X UNANIMOUS (ABSENT None ) OF SUPERVISORS ON THE DATE SHOWN.
AYES: NOES:
ABSENT: ABSTAIN: _ ATTESTED JMUARY 25, 2000
_
PHIL.BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
Contact: Ron Harvey—335-1443
cc: CAO Risk Management
Auditor-Controller
BY DEPUTY
C .
TO: BOARD OF SUPERVISORS
Contra
FROM: Stephen L. Weir, County Clerk-Recorder r'
By: Roxana Dunning Davis, Elections& Regis ration Manager Costa
DATE: January 5, 2000 uounty
Canvass of Vote
SUBJECT:
rr�rrr.�rr.rarri.�mi..rrmi mr��irtr rrrr r�r`rrrrrrrr r�r�r•a..�giirr�i
S"CIFIC REOUEST(S)OR RECOMMENDATIONS)!BACKGROUND AND JUSTIFICATION
ACCEPTING CANVASS OF VOTES FOR POLICE SERVICE
AREA P-6, ZONE 2200
The Board received the Certificate of the County Clerk giving the results of the
January 4, 2000 Special Election for County Service Area P-6, Zone 2200, wherein
each landowner of the affected area was allowed one vote for each acre or portion
thereof on Resolution No. 99/550 so as to authorize a special tax on property located
in Zone 2200 of County Service Area P-6 to maintain the present level of police
protection service and provide additional funding for increased police protection
service.
The Board hereby ACCEPTS the Canvass of votes from the County Clerk-
Recorder showing the Measure passed as follows:
Total Landowners Voted Yes leo
1 1 6 0
ATTACHMENT: _YES SIGNATURE:
,.,.,....RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
.......»AI PROVE OTHER
ACTION OF BOARD ON AM'ROVED AS RECOMMENDED
VOTE OF SUPERVISORS
y )y ' 1 HERESY CERTIFY THAT THIS M A TRUE
UNANIMOUS(ASSENT--_ LL fro �® AND CORRECT COPY OF AN ACTION TAKEN
AYES! NOES: AND ENTERED ON THt MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVI ON THE DATE SHOWN.
Elections Office
CC: Community Development ATTESTED
County Counsel
County Administrator IL BATCHEL CLERK OF THE BOARD OF
County Auditor-Becky SUPERVISORS AND COUNTY AWNISTRATOR
a:llabdcanv
M382 (10/68) BY r DEPUTY rte`
C
BOARD OF SUPERVISORS , CONTRA COSTA COUNTY, STATE OF CALIFORNIA
Adopted this resolution on aanuary 25 , 20QO-, by the following vete :
AYES :SUPERVISORS GIOIA, UILKEMA, DeaAULNIER, CANCIAMILLA and GERBER
NOES: NONE
ABSENT:NONE
A.BSTAIN:NONE
SUBJECT: Authorizing Withdrawal )
and Acceptance of Tobacco } RESOLUTION NO. 2000/35
Settlement Monies Pursuant )
to the Memorandum of }
Understanding }
}
}
WHEREAS the Attorney General of the State of California and
representatives of a number of California Counties and Cities entered into
a Memorandum of Understanding ("MOU") , which allocates a portion of the
settlement proceeds stemming from the litigation against various
manufacturers of tobacco products;
WHEREAS the County of Contra Costa (hereinafter "the County")
wishes to receive its allocated share of settlement proceeds as provided
for and set forth in the MOU;
WHEREAS the County has obtained any necessary approval to
participate in the settlement under the terms and conditions memorialized
in the MOU; and
WHEREAS in consideration for receiving its portion of the
settlement proceeds as allocated to Cities and Counties in the MOU, the
County has executed the Agreement Regarding Interpretation of the MOU and
the Release, as approved by the J.C. C.P. 4041 Court;
NOW THEREFORE IT IS HEREBY RESOLVED THAT the County is authorized
to accept and deposit the County' s share of the settlement proceeds as
allocated to Cities and Counties in the MOU.
BE IT FURTHER RESOLVED THAT the Office of the Attorney General is
authorized to verify all banking information provided to effectuate the
acceptance of the settlement proceeds.
BE IT FURTHER RESOLVED THAT the authority of the County Counsel
to sign the Release and Discharge of Claims is affirmed.
BE IT FURTHER RESOLVED THAT the following three Contra Costa
County officers and their successors in office are authorized to direct the
transfer of the County' s settlement funds on behalf of the County:
1 . Phil Batchelor, _ .
County Administrator .•^
signature
2 . William Pollacek,
Treasurer-Tax Collector
signature
RESOLUTION NO. 2000/ 35
1
3 . Kenneth J. Corcoran, Z +►
Auditor-Controller
signature
BE IT FURTHER RESOLVED THAT all notices from the Office of the
Attorney General to the County regarding tobacco settlement funds shall be
sent to the following person/department :
Phil Batcehlor, County Administrator
Attn: Anthony Enea, Senior Deputy
651 Pine Street, 10th Floor
Martinez, CA 94553
Telephone number: 925-335-1094
Fax number: 925-646-1353
E mail : TENSA@CAO.CO.CONTRA-COSTA.CA.US
I hereby certify that this is a true
and correct copy of an action taken
and entered on the minutes of the
Board of Supervisors on the date
shown.
Attested; aJanuary 25 . 2000
PHIL BATCHELOR, Clerk of the Board
of Supervisors and County
Administrator
By:
Lep y
Orig. Dept: County Counsel
cc: County Administrator
Attn: Tony Enea
Auditor-Controller
Treasurer-Tax Collector
RESOLUTION NO. 2000/35
2
TO: BOARD OF SUPERVISORS CONTRA COSTA COUNTY
L. Weir Count !
FROM: Stephen Y Clerk-Recorder
Registrar of Voters
MATE: January 25, 2000
SUBJECT: Consolidation of Byron Union School District
Elections with Statewide General Elections
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
1. APPROVE request of the Byron Union School District to consolidate elections with
Statewide General Elections subject to item 6 (below), amortization of mail inserter
equipment costs.
2. FIND thatthe Clerk-Recorder has made progress overthe past year that will accommodate
consolidations in the following ways:
a. The increased number of ballot cards will require additional vote counter stations.
Due to space limitations and the capacity of the current Data General computer,the
Clerk has secured six(6)additional machines from Multnomah County, Oregon, for
20% of new cost. In addition, the Clerk has acquired a P.C. based tally system
(B.C. WIN) that will allow for these machines to be used. (This option was not
available in 1997. Contra Costa was the first County to try this system out. It has
since been successfully certified by the Secretary of State and installed in Riverside
County.)
3. CONSIDER the following qualitative issues which are expected to resuftfrom the requested
consolidation(s):
a. Timeliness. With the new B.C. Win System and a new streamlined ballot delivery
system, ballots will arrive and be counted quicker than in the past. It should be
noted that with consolidation, a slower vote count will take place than without
consolidation.
b. Accuracy. Additional extra staffing help will be needed to conduct consolidated
elections. However, the demand for the staff will go down in odd number years.
There are concerns about having trained temporary staff; however,we believe that
we can bring on temporary staff early enough to train them for each election.
CONTINUED ON ATTACHMENT-2L Yes SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURES
ACTION OF BOARD ON January 2 5 2 )Q Q APPROVED AS RECOMMENDED XX OTHER
VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND
XX UNANIMOUS{ABSENT — — — ) ENTERED ON THE MINUTES OF THE BOARD
AYES: _ NOES: OF SUPERVISORS ON THE DATE SHOWN.
ABSENT: ABSTAIN:
ATTESTED: January 25 , 2000
cc: Elections Office PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
4--
BY: DEPUTY /f
Board Girder
Page 2 -
Election Consolidation Request
C. Voter Impact.While turnout at a general election is higher than the turnout at an"off
year"election, high voter turnout and long ballots result in long lines at the polls and
"voter drop-off" towards the end of the ballots and issues on the backs of some
ballot cards. Many voters have chosen to vote absentee as an attractive alternative
to waiting in long lines at the polls. Providing absentee ballots is a costly alternative
as the County must process the application, mail the ballots, and process the
returned ballots, which includes checking the signature on every ballot returned.
The inevitable increase in absentee ballots will exacerbate the already lengthy time
it takes to determine the official results of an election. The tallying of absentee
ballots delays the official canvass and, in the case of close race, can leave the
winner undetermined for several weeks.
d. Long-Range Staff. Space and Capital Planning. The Elections Office has gone
through a lengthy and successful reorganization. Deming areas of responsibility
and providing additional training have resulted in a more professional office. Long
term space needs are being addressed although there is not a defined solution at
this time. With the new B.C. Win tally system and the potential for moving towards
a P.C. based elections operations, we feel comfortable that we will not need to
replace our election software or our hardware in the foreseeable future.
4. ACKNOWLEDGE that the Clerk-Recorder attempted to find a way to "work with local
agencies to develop a fee structure that does not penalize agencies which choose to hold
elections in the odd-numbered years." While this issue was a directive of a 1997 Board
Order, County has found that the Clerk cannot structure a pricing mechanism that would
favor one election year over another.
5. ACKNOWLEDGE that with consolidations off of odd numbered years onto even numbered
years, revenues will go down significantly for odd year elections and will go up slightly for
even numbered year elections. (This issue will not have an impact on budget years 1997-
98 nor 1998-99. The first impact will be noticed in budget year 1999-2000. It is not
possible to determine the impact at this time until the full impact of consolidation is
considered. However, it is safe to assume that when a major district moves its election off
of the November, odd numbered year, any district that remains on that ballot will have to
pay a higher election charge. There will be increased pressures for many districts to follow
suit and request consolidation.)
8. ACKNOWLEDGE amortization of the cost of equipment identified in item 1 (above) over
a five year period (Elections in November, 2000,2002 and 2004) and the spread of those
costs among those agencies seeking consolidation off of November, odd numbered years
onto November,even numbered years. This funding proposal was approved by the Board
of Supervisors on March 24, 1998,
BACKGROUND:
After lengthy discussions in March, 1997,the Board denied eight requests for consolidation
upon the recommendation of the Clerk-Recorder. The Board directed the Clerk to work
with the districts to see if a way could be found to equalize costs between even and odd
years. Based upon a November, 1997 County Council Opinion, the Clerk and the County
are restricted in the manner in which election billings can be formulated. The Board also
asked the Clerk-Recorder to review capital and space requirements. The Clerk has
determined that with the exception of expanding the inserting capacity of the Elections
Office, all other concerns have been, or will be addressed.
The Byron Union School District has formally filed a resolution with our office to consolidate
with the even number year elections.
12
Contra
TO: BOARD OF SUPERVISORS
�t x Costa
FROM: DENNIS M. BARRY, AICD County
COMMUNITY DEVELOPMENT DIRECTOR
DATE: January 25, 2000
SUBJECT: REPORT REQUESTING BOARD AUTHORIZATION FOR STAFF TRAVEL TO
WASHINGTON DC WITH THE CALIFORNIA MARINE NAVIGATION CONFERENCE
(CMANC)
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND & JUSTIFICATION
RECOMMENDATIONS
AUTHORIZE Water Agency staff travel to Washington D.C. with the California Marine
Navigation Conference (CMANC), March 20-23, 2000.
FISCAL IMPACT
Water Agency funds are available for this purpose , having been earmarked in the FY
1999/00 Water Agency budget. Total cost of this trip is estimated to be under
$3,000. Costs associated with obtaining funds and activities related to Suisun
Channel and New York Slough Channel dredging and disposal will be paid through the
recently-formed Assessment District.
BACKGROUND/REASONS FOR RECOMMENDATIONS
The reasons for continued travel to Washington are threefold. Contra Costa County
will request over five million dollars in federal funding to cover casts for dredging and
transport of sediments from Suisun and New York Slough for upland disposal at
Sherman Island/Winter Island in east Contra Costa County in the year 2001, and
support funding already in the budget for the year 2000. Support for projects is
critical, as projects are routinely cut from the budget when direct sponsorship
advocacy is not forthcoming.
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON Lamau 25.= APPROVED AS RECOMMENDED BOTHER
VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A
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: Roberta Goulart, CDD (3.35-1225) ATTESTED ,amzry 25, 2000
Orig: Community Development Department PHIL BATCHELOR, CLERK OF
cc: County Administrator Office THE BOARD OF SUPERVISORS
Auditor-Controller AND COUNITK ADMINISTRATOR
BY EPUTY
611;
REPORT ON CALIFORNIA MARINE NAVIGATION CONFERENCE (CMANC)
January 25, 2000
Page 2
BACKGROUND/REASONS FOR RECOMMENDATIONS (CONTINUED)
In addition, staff will meet with Army Corps of Engineers Headquarters staff, to effect
timely signature by Corps Headquarters on the County's Amendment to the Local
Cooperation Agreement with the Port of Stockton. Preliminary approval of an
additional, draft cost-sharing agreement between the County and the Corps for upland
disposal projects under Section 201 of the 1996 Water Resources Development Act
(WRDA) will also be requested. The County has actively supported federal cost-
sharing, due to the high cost of upland disposal, which in most cases, has been paid
entirely by the local sponsor. Full federal funding for other upland disposal projects
will also be addressed relative to the County, in accordance with state/federal policies
promulgated through the Long Term Management Strategy for Dredging, and
CALFED.
Finally, staff will meet with Corps Headquarters on policy issues related to the
Southampton Project, specifically how the project can move forward with a sole
beneficiary (because of the suspension of the Baldwin/Richmond Marine Link project,
Chevron is the sole industry to benefit from deepening and widening of the
Southampton Shoal at this time). Protection of funding previously appropriated (if
funds are not utilized, they are often redirected to other projects), and consideration
of revised costs and schedule for a redesigned Southampton project are also
priorities.
The California Marine Navigation Conference, as a whole, meets with representatives
from the Office of Management and Budget, Fish and Wildlife Service, EPA, and other
agencies involved in either the funding or permitting aspects of California's dredging
and disposal-related projects. In past years, the County's direct involvement with
agencies and relevant parties in Washington D.C. has been beneficial, resulting in
several millions of dollars in federal funds being made available for the Baldwin Ship
Channel and Southampton Shoal Deepening Projects, as well as funds for
maintenance of Suisun and New York Slough Channels. Contra Costa County has a
voice and contacts in many agencies as a result of these yearly meetings, which
helps to expedite problems encountered at other times during the year. It is
imperative to attend and make a case for a project if funding is requested. In the
early 1990's the County did not attend, and a request for $250,000 for a
reconnaissance study to begin the Southampton Project was struck from the federal
Budget due to lack of representation. It took two years to get that appropriation back
in the Budget, and get started on the project.
The California Marine Navigation Conference, comprised of the California ports and
harbors, travels to Washington several times every year to make known the requests
for funding for ship channel deepening and disposal projects, and related issues. In
spring, the entire contingent of ports and harbors attend, to make funding requests
known to all relevant parties, introduce or remind those relevant persons about our
proposed projects, and to discuss mutual problems and possible solutions.
TO: BOARD OF SUPERVISORS
s
FROM: Dennis M. Barry, AICP ;;�<��
Community Development Director
DATE: January 25, 2000
SUBJECT: Request of Reallocation of Community Development Block Grant Funds
SPECIFIC REQUEST {S} OR RECOMMENDATIONS {S} & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
APPROVE the reallocation of$14,000 in FY 99/00 Community Development Block Grant(CDBG)funds
from project# 99-28PS Child Assault Prevention Program - Rape Crisis Center to FY 99/00 project
#99-61 PS Sexual Assault Victim Empowerment Program—Rape Crisis Center
AUTHORIZE the Deputy Director—Redevelopment or his designee to execute a contract amendment
for project#99-61 PS to increase the spending limit by$14,000 to a new limit of$34,000, and to revise
the scope of work.
FISCAL IMPACT
No General Fund Impact. CDBG funds are provided to the County by the U.S. Department of Housing
and Urban Development (HUD)
BACKGROUND/REASONS FOR RECOMMENDATIONS
On April 27, 1999 the Board of Supervisors approved the allocation of$14,000 to Rape Crisis Center
to carry out a Child Assault Prevention Program. The purpose of the program was to decrease the
incidence of sexual violence and harassment among teens throu h educational workshops at middle
and high schools in the Urban County. During a monitoring visit f the FYhiid Assault
CONTINUED ON ATTACHMENT: X YES SIGNATURE: i '
_RECOMMENDATION OF COUNTY ADMINISTRATOR COMM NDATION OF ARD
COMMITTEE APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON ,, coo APPROVED AS RECOMMENDED BOTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
X, UNANIMOUS {ABSENT } TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
Source: SUPERVISORS ON THE DATE SHOWN.
335-1260
ATTESTED }-�t . r `' t t o
Orig. Dept. Community Development PHIL BATCHELOR, CLERK OF
cc: County Administrator THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
BY °rr . U` � t c �x�� , DEPUTY
Prevention Program by County staff, it was discovered that Rape Crisis Center was using each
school's free lunch statistics as a basis for determining low-and moderate-income levels of the
students served. In consultation with HUD it was determined that this methodology did not
adequately meet CDBG program regulations, because it could not be determined that 51% of the
students in a classroom workshop participated in the free lunch program. CDBG program staff
along with Rape Crisis Center staff explored other options for income documentation of students
attending workshops. Since no viable methodology was found that could accurately document the
income of each student participating in classroom workshops, the program is not eligible for funding
pursuant to CDBG regulations. (However, Rape Crisis Center is committed to the continuation of
the Child Assault Prevention Program and is researching alternative funding sources.)
Rape Crisis has proposed to utilize the CDBG funds to expand their Sexual Assault Victim
Empowerment Program (SAVE)to include a youth component. During the past year Rape Crisis
Center has determined that 47% of their clients have been children under the age of 17, Funds
would be used to provide 24-hour crisis intervention services to 35 child victims of sexual assault
and molestation. These services include medical exams by specially trained nurse examiners,
counseling and advocacy services.
The expansion of the SAVE program to include a youth component targets the same population as
the Child Assault Prevention Program. Funds would be used to provide services to low-and
moderate-income youth. The Sponsor shall be monitored on a quarterly basis for income
verification consistent with program regulation.
It should also be noted that two other CDBG funded programs have been using the school's free
lunch program as a basis of income determination. Staff is working with each of them to identify
alternative program options or to target schools with service areas that meet CDBG "Area Benefit"*
criteria.
*Area Benefit activities benefit all residents in a particular area where at least 51% of the residents are low-
and moderate-income persons.