COUNTY OF SAN MATEO

Inter-Departmental Correspondence

County Manager’s Office

DATE:

March 9, 2009

BOARD MEETING DATE:

March 17, 2009

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

David S. Boesch, County Manager

SUBJECT:

Transfer of Trial Court Facilities to the State

RECOMMENDATION:

Adopt a resolution authorizing the County Manager, or his designee, to execute transfer agreements, joint occupancy agreements, and other documents between the County and the Judicial Council of California, Administrative Office of the Courts (“AOC”), for the transfer of responsibility for the Central Branch Courthouse, court-related portions of the Northern County Campus, and the Youth Services Center (“Court Facilities”).

VISION ALIGNMENT:

Commitment: Responsive, effective and collaborative government.

Goal 20: Government decisions are based on careful consideration of future impact, rather than temporary relief or immediate gain.

The transfer of court facilities to the State contributes to this commitment and goal by further defining the respective operational and financial roles and responsibilities of the County and the State with regard to trial court facilities.

BACKGROUND:

The Lockyer-Isenberg Trial Court Funding Act of 1997 (AB 233) transferred the primary obligation for funding court operations from the counties to the State, ending a dual system of county and state funding. The Trial Court Facilities Act of 2002 (SB 1732) was adopted to provide for the transfer of responsibility for funding and operation of trial court facilities from counties to the State. In December 2008 the County and the AOC completed the transfer of the Hall of Justice and the Traffic/Small Claims Annex in Redwood City.

The designated transfer agreements, joint occupancy agreements and related documents complete the transfer of the four remaining court facilities: i) the Central Branch Courthouse in San Mateo; ii) the Youth Services Center in San Mateo; iii) the Northern Branch Courthouse in South San Francisco; and iv) the Northern Branch Jail Annex, commonly known as Courtroom “O”, in South San Francisco.

DISCUSSION:

The Court is the sole tenant of the Central Branch Courthouse. Based on the provisions set forth in SB 1732, County Administration concurs with a transfer of title for the Central Branch Courthouse. The Court will be solely responsible for the maintenance, utilities and insurance costs of the site. The County Facility Payment (CFP) for the Central Branch Courthouse will be $110,402 per year.

The County occupies 90.73% of the Youth Services Center and the Court occupies 9.27%. County Administration recommends a transfer of responsibility with a joint occupancy agreement for the Youth Services Center. The County will retain title of the facilities and will be the managing party. Building-wide maintenance and insurance costs will be prorated based on the entities’ share of the facilities. Utility costs will be prorated on a weighted average calculation that takes into account the 24/7 operations of the Juvenile Hall. The AOC’s share of utility costs is calculated to be 5.6794%. The CFP for the Youth Services Center has been calculated to be $30,713 per year, but still requires AOC and Department of Finance approval.

The County occupies 20.12% of the Northern Branch Courthouse and the Court occupies 79.88%. County Administration recommends a transfer of title with a joint occupancy agreement for the Northern Branch Courthouse. The Court will be the managing party. The County will be responsible for maintaining its exclusive areas and will share in the maintenance of building-wide systems, utility and insurance costs. The CFP for the Northern Branch Courthouse will be $266,338 per year.

The County occupies 70.72% of the Northern Branch Jail Annex and the Court occupies 29.28% (Courtroom “O”). County Administration recommends a transfer of responsibility for limited use of the Jail Annex. The County will retain title of the building and remain wholly responsible for ongoing maintenance, utility and insurance costs. The County will not be required to remit the CFP to the State unless the Court vacates the space. The CFP for the Jail Annex has been calculated to be $24,905 per year, if and when any CFP payments are required.

The County will remain responsible for future seismic upgrades of the Central and Northern Branch Courthouse locations. The County has secured $2.75 million in Courthouse Construction Funds for the retrofit of these facilities.

FISCAL IMPACT:

The three CFPs (not including the Jail Annex) will require annual payments to the State of $407,453. The annual CFPs for all five facilities, including the Hall of Justice and the Traffic/Small Claims Annex, totals $1,535,628. These costs will be fully offset by reduced services provided to court-exclusive use areas and future reimbursements from the State for the Court’s share of maintenance, utility and insurance costs.