HomeMy WebLinkAboutMINUTES - 09302008 - U.1 TO: BOARD OF SUPERVISORS ' Contra
FROM: David J. Twa, County Administrator n' - 's Costa
o'
DATE: September 30, 2008 -_---- v4o
County
SUBJECT: Joint Declaration regarding Transfer of Court Facilities
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
APPROVE and AUTHORIZE County Administrator, or designee, to execute Joint Declaration of
the Administrative Office of the Courts and Contra Costa County Regarding Execution of Transfer
Agreements for Court Facilities.
FISCAL IMPACT
Execution of the proposed Joint Declaration will potentially reduce financial penalties the County
would otherwise incur for Court facilities not transferred to the State by October 1; 2008.
CONTINUED ON ATTACHMENT:XYES SIGNATURE:
WECOMMENDATION OF COUNTY ADMINISTRATOR F1RECOMM DATION OF BO RD COMMITTEE
PPROVE ❑ OTHER
SIGNATURE(S):
ACTION OF BOARD ON D
APPROVED AS RECOMMENDED ❑ OTHER ❑
VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND
UNANIMOUS(ABSENT ) ENTERED ON THE MINUTES OF THE BOARD OF
SUPERVISORS ON T DATE SHOWN.
AYES: NOES:
ABSENT: ABSTAIN: ATTESTED: (dat / Ze�J
Contact: DAVID TWA, CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
cc:
By: Deputy
Page 2
BACKGROUND
The Trial Court Facilities Act of 2002 was adopted to provide for the transfer of primary
responsibility for funding and operation of trial court facilities from the counties to the State, which
is represented by the Administrative Office'of the Courts (AOC). Under urgency legislation
enacted earlier this year, if all the transfers have not taken place by September 30, 2008, the
County will be obligated to pay a financial penalty in addition to the County Facilities Payment
required under the Act. However, if the County and the AOC enter into a "Joint Declaration,"
these penalties will be waived for all court facilities transferred prior to December 31, 2008. For
Court facilities not transferred by December 31, 2008, the County will incur a 2 — 3% increase in
ongoing County Facilities Payments to the State. The maximum estimated value of these
penalties is approximately $30,000 - $40,000 per year.
Yesterday representatives of the County, the AOC, and the Superior Court met and agreed to a
timetable for completion of the transfer of remaining court facilities. The AOC agreed to enter
into a Joint Declaration if it were approved by the Board of Supervisors by today, September 30,
2008.
CONSEQUENCE OF NEGATIVE ACTION
Failure by the Board to approve the Joint Declaration will subject the County to the additional
payments for the uncompleted transfers.
JOINT DECLARATION OF THE
ADMINISTRATIVE OFFICE OF THE COURTS
AND THE COUNTY OF CONTRA COSTA
REGARDING EXECUTION OF TRANSFER AGREEMENTS
FOR COURT FACILITIES
THE JUDICIAL COUNCIL OF CALIFORNIA, ADMINISTRATIVE
OFFICE OF THE COURTS (the "AOC"), and the COUNTY OF CONTRA
COSTA (the "County") hereby jointly declare as follows under California
Government Code section 70321(b)(2):
1. Extraordinary circumstances exist that have prohibited successful
execution of transfer agreements for the court facilities commonly known as:
(a) Finance Building AOC#7-A 1
(b) Wakefield Taylor Courthouse AOC#7-A2
(c) A.F. Bray Courts AOC#7-A3
(d) Jail Annex AOC#7-A4
(e) File Unit AOC#7-A10
(f) Facilities & Systems AOC#7-A13
(g) Family Law Center AOC#7-A14
(h) Juvenile Hall AOC#7-13 1
(i) Walnut Creek-Danville Courthouse AOC#7-C 1
0) Walnut Creek Parking AOC#7-C2
(k) 2020 North Broadway AOC#7-C3
(1) Richmond Bay AOC#7-F 1
(m) Health Building Storage AOC#7-172
2. County has submitted all relevant transfer documents relating to the
County facilities payments.
3. The failure to execute transfer agreements for the above-identified
court facilities prior to September 30, 2008, is not caused by the action, inaction,
or delay on the part of the County. To date, the County and the AOC have
successfully completed the transfer of three (3) court facilities. The County and
the AOC have negotiated in good faith and in a timely manner many complex
issues arising from the facilities transfers including, by way of example, post-
transfer building management; and other issues necessary for the prudent transfer
of responsibility and, where applicable, title with respect to the above-identified
court facilities. In addition, transfer of several of the facilities is further
complicated due to bonded indebtedness, uncertainty regarding the appropriate
resolution of seismic issues, and real property issues that may necessitate
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9 ?d'0g
subdivisions, lot line adjustments or other boundary changes. The County and the
AOC are committed to working diligently to resolve these issues and complete the
transfers.
4. The parties agree that the transfer agreements for the above-
described court facilities can reasonably be executed on or before December 31,
2008. Accordingly, the parties agree that the multiplier to the county facilities
payment addressed in Government Code section 70321(b)(1) will not apply with
respect to a court facility if the transfer agreement for that facility is executed by
December 31, 2008. The parties remain fully committed to the completion of the
court facilities transfers by December 31,'2008.
5. This Joint Declaration is deemed to have been drafted jointly by the
parties.
6. This Joint Declaration may be executed in counterparts, each of
which shall constitute an original, and all of which, taken together, shall constitute
an entire document.
APPROVED AS TO FORM: COUNTY OF CONTRA COSTA,
a political subdivision of
Silvano B. Marchesi the State of California
County Counsel
By:
By: Its:
Title: Deputy County Counsel Date:
Date:
APPROVED AS TO FORM: JUDICIAL COUNCIL OF CALIFORNIA,
Judicial Council of California, ADMINISTRATIVE OFFICE OF THE
Administrative Office of the Courts COURTS
Office of the General Counsel
By:
By: Grant S. Walker
Name:Melvin L. Kennedy Senior Manager, Business Services
Title: Managing Attorney
Date: Date:
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