CHAPTER 5.7. Superior Court Facilities [70301. - 70508.]

Chapter 5.7 added by Stats. 2002, Ch. 1082, Sec. 4.

§§ 70301–70508 · 82 sections

1. ARTICLE 1. General Provisions §§ 70301–70303 · 2 sections

   • § 70301 This chapter shall be known and may be cited as the “Trial Court Facilities Act of 2002.” As used in this chapter: (a) “Bonded indebtedness” includes any…
   • § 70303 (a) The Court Facilities Dispute Resolution Committee is hereby created to hear and determine disputes between a county and the Judicial Council as specified…
2. ARTICLE 2. Responsibility for Court Facilities §§ 70311–70313 · 3 sections

   • § 70311 (a) Commencing July 1, 1997, and each year thereafter, no county or city and county is responsible to provide funding for “court operations,” as defined in…
   • § 70312 If responsibility for court facilities is transferred from the county to the Judicial Council pursuant to this chapter, the county is relieved of any…
   • § 70313 This chapter may not be construed as authorizing a county, a city and county, a court, the Judicial Council, or the state to supply to the official reporters…
3. ARTICLE 3. Agreements Transferring Responsibility for Court Facilities §§ 70321–70333 · 12 sections

   • § 70321 (a) The Judicial Council, in consultation with the superior court of each county and the county shall enter into agreements regarding the transfer of…
   • § 70322 Agreements for the transfer of responsibility for court facilities from the county to the Judicial Council may include multiple buildings within the county,…
   • § 70323 Subject to the provisions of Section 70325 concerning a building subject to a bonded indebtedness, and Section 70329 concerning historic buildings, transfer of…
   • § 70325 (a) (1) If title to a building proposed to be transferred pursuant to this chapter is subject to a bonded indebtedness, the county shall retain the revenue…
   • § 70326 (a) Except as provided in this section, the agreement may not require any payment from the county to the state for any deficiencies in the court facilities…
   • § 70327 (a) Prior to the completion of the negotiations concerning the transfer of responsibility for court facilities in a building, the state shall provide for a…
   • § 70328 If a building receives an unacceptable seismic safety rating under Section 70327, or is rejected as deficient under Section 70326, the county may appeal that…
   • § 70329 (a) Title to a historical building containing court facilities may not be transferred to the state without the express consent of the county’s board of…
   • § 70330 The agreement shall provide for parking spaces for the court of comparable convenience, number, and type, as was made available for court use as of October 1,…
   • § 70331 (a) If there are one or more pending phases of a project involving court facilities and the responsibility for the facility is to be transferred to the…
   • § 70332 The Judicial Council, in consultation with the Department of Finance and the trial courts, and the California State Association of Counties, in consultation…
   • § 70333 If the Judicial Council and the county fail to reach agreement on any facility, each shall present its position to the Court Facilities Dispute Resolution…
4. ARTICLE 4. Administration of Shared Use Buildings §§ 70341–70344 · 4 sections

   • § 70341 (a) The user rights of the court and the county are based on the proportional allocation of exclusive use facilities within the building for the court and for…
   • § 70342 (a) If the county holds title to a shared use building and the court wishes to have additional space in the building, if the county agrees to allocate…
   • § 70343 (a) Notwithstanding the manner of holding title to a shared use building: (1) The rights and responsibilities of the Judicial Council, the court, and the…
   • § 70344 (a) The entity holding title to a shared use building, except a third-party lessor, shall not transfer any right to a third party of the part of the building…
5. ARTICLE 5. County Facilities Payment §§ 70351–70370 · 20 sections

   • § 70351 It is the intent of the Legislature in enacting this section to provide a source of funding for the ongoing operations and maintenance of court facilities by…
   • § 70351.5 Notwithstanding any other provision of this chapter, the California State Association of Counties, the Judicial Council, and the Director of Finance may agree…
   • § 70352 (a) There is hereby established the Court Facilities Trust Fund. (b) Money deposited in this fund and appropriated by the Legislature shall be administered by…
   • § 70353 (a) Each county shall remit the county facilities payment determined by this article to the Controller, for deposit into the Court Facilities Trust Fund.…
   • § 70354 The components of the county facilities payment are based on the actual annual direct and indirect county expenditures on court facilities. In the case of a…
   • § 70355 (a) Except for the value computed under Section 70359, all values listed in this article shall be adjusted from the fiscal year of the expenditure to the month…
   • § 70356 The following items shall be included in the county facilities payment based on a five-year average of expenditures made by the county for facility operation…
   • § 70357 (a) The cost of utilities shall be included in the county facilities payment by calculating the average consumption of utilities for the fiscal years 1995–96…
   • § 70358 Insurance costs shall be included in the county facilities payment. If the actual expenditures made by the county are used to determine the amount, the…
   • § 70359 (a) Court facilities rental or leasing, except to the extent included as a court operation in Rule 10.810 of the California Rules of Court, shall be included…
   • § 70360 Calculation of the county facilities payment may not include any of the following: (a) Purchase of land and buildings. (b) Construction and construction…
   • § 70361 The Administrative Office of the Courts, in consultation with the courts, and the California State Association of Counties, in consultation with the counties,…
   • § 70362 (a) The Department of Finance shall provide the Administrative Office of the Courts with the base inflation index figures specified in Section 70355 for…
   • § 70363 Each county shall calculate the county facilities payment for each facility pursuant to Section 70351.5 or using the forms and instructions as approved and…
   • § 70365 The parties to any appeal of the determination of the county facilities payment, for purposes of the mailing of documents, are the county administrative…
   • § 70366 (a) Within 30 days after the Administrative Office of the Courts has mailed the county the approved county facilities payment, pursuant to subdivision (d) of…
   • § 70367 (a) Within 30 days after the Administrative Director of the Courts has mailed to the county, pursuant to subdivision (d) of Section 70363, the approved county…
   • § 70368 The county shall initially compute a separate county facilities payment for each building containing court facilities whose responsibility is transferred to…
   • § 70369 Where mail of notice or any other document is required by this article, any method of mailing equivalent to first-class mail may be used. The computation of…
   • § 70370 If the amount computed by the county under Section 70368 is increased pursuant to this article, the county shall pay the state the difference relating back to…
6. ARTICLE 6. State Court Facilities Construction Fund §§ 70371–70379 · 13 sections

   • § 70371 (a) There is hereby established the State Court Facilities Construction Fund, the proceeds of which shall be subject to the provisions of this article.…
   • § 70371.6 The Judicial Council is authorized to acquire sites for the replacement of deficient court facilities within the Counties of Butte (New North County…
   • § 70371.7 (a) Prior to seeking the State Public Works Board establishment of the scope and cost, the Judicial Council shall submit a report to the Joint Legislative…
   • § 70371.9 (a) (1) The Judicial Council shall conduct, or contract with an independent contractor to conduct, a reassessment of those projects identified in its Update to…
   • § 70372 (a) (1) Except as otherwise provided in this article, there shall be levied a state court construction penalty, in the amount of five dollars ($5) for every…
   • § 70373 (a) (1) To ensure and maintain adequate funding for court facilities, an assessment shall be imposed on every conviction for a criminal offense, including a…
   • § 70374 (a) The Judicial Council shall annually recommend to the Governor and the Legislature the amount proposed to be spent for projects paid for with moneys in the…
   • § 70374.2 Notwithstanding subdivision (d) of Section 70374, in order to ensure that funding is available to support the construction of the new court facility projects…
   • § 70375 (a) This article shall take effect on January 1, 2003, and the fund, penalty, and fee assessment established by this article shall become operative on January…
   • § 70376 It is the intent of the Legislature that funding for courthouse alteration, renovation, and construction be funded by money in the State Court Facilities…
   • § 70377 (a) Amounts required to be transmitted by a county, city and county, or court to the state pursuant to this section shall be remitted to the State Treasurer no…
   • § 70378 The State Court Facilities Construction Fund shall be invested in the Surplus Money Investment Fund and all interest earned shall be allocated to the State…
   • § 70379 (a) The Court Facilities Architecture Revolving Fund is hereby established in the State Treasury, and, notwithstanding Section 13340, the fund is continuously…
7. ARTICLE 7. Authority and Responsibility §§ 70391–70397.2 · 9 sections

   • § 70391 The Judicial Council, as the policymaking body for the judicial branch, shall have the following responsibilities and authorities with regard to court…
   • § 70391.5 (a) The Judicial Council shall develop performance expectations for court facility proposals, including benchmark criteria for total project life-cycle costs,…
   • § 70392 Except as otherwise specifically provided by law, the Administrative Office of the Courts shall have the following responsibilities and authority in addition…
   • § 70393 The county shall have the following authority and responsibilities with regard to court facilities in addition to any other authority or responsibilities…
   • § 70395 (a) Notwithstanding any other law, the Judicial Council may sell the property, at fair market value and upon the terms and conditions and subject to the…
   • § 70396 (a) Notwithstanding any other law, the Judicial Council may sell the property, at fair market value and upon the terms and conditions and subject to the…
   • § 70397 (a) Notwithstanding any other law, the Judicial Council may sell the property, at fair market value and upon the terms and conditions and subject to the…
   • § 70397.1 (a) Notwithstanding any other law, the Judicial Council may sell the property, in a fair market value transaction and upon the terms and conditions and subject…
   • § 70397.2 (a) Notwithstanding any other law, the Judicial Council may sell the property, in a fair market value transaction and upon the terms and conditions and subject…
8. ARTICLE 7.1. Superior Court Design-Build Projects §§ 70398–70398.7 · 8 sections

   • § 70398 For purposes of this article, the definitions in Section 13332.19 and the following definitions apply: (a) “Best value” means a value determined by an…
   • § 70398.1 (a) Subject to the provisions of this article and Section 13332.19, the Judicial Council may procure design-build contracts for public works projects. (b) The…
   • § 70398.2 The Judicial Council shall notify the State Public Works Board regarding the method to be used for selecting the design-build entity, prior to advertising the…
   • § 70398.3 The procurement process for the design-build process shall progress as follows: (a) (1) The Judicial Council shall prepare a set of documents setting forth the…
   • § 70398.4 (a) The design-build entity shall provide payment and performance bonds for the project in the form and in the amount required by the Judicial Council, and…
   • § 70398.5 (a) The Judicial Council, in each design-build request for proposals, may identify specific types of subcontractors that must be included in the design-build…
   • § 70398.6 (a) If the Judicial Council elects to award a project pursuant to this article, retention proceeds withheld by the Judicial Council from the design-build…
   • § 70398.7 This article does not affect, expand, alter, or limit rights or remedies otherwise available at law.
9. ARTICLE 8. Transitional Funding §§ 70402–70403 · 2 sections

   • § 70402 (a) Any amount in a county’s courthouse construction fund established by Section 76100, a fund established by Section 70622 in the County of Riverside, a fund…
   • § 70403 (a) Each county shall submit a report to the Administrative Director of the Courts and the Director of Finance accounting for all receipts and expenditures…
10. ARTICLE 9. Conveyance: Court Facility Property: County of San Diego §§ 70500–70508 · 9 sections

    • § 70500 For purposes of this article, the following definitions shall apply: (a) “Central courthouse project” means the project analyzed in the Judicial Council EIR to…
    • § 70501 The Legislature finds and declares all of the following: (a) The state owns two contiguous parcels of real property consisting of approximately 2.59 acres…
    • § 70502 (a) (1) Notwithstanding any other law, the Administrative Director of the Courts is hereby authorized, on behalf of the state, to convey to the County of San…
    • § 70503 The Board of Supervisors of the County of San Diego is authorized to approve a lease for any or all of the San Diego property and the county property, which…
    • § 70504 (a) With respect to the Judicial Council EIR of the central courthouse project, the Legislature finds and declares all of the following: (1) The County of San…
    • § 70505 (a) With respect to the city EIRs of the City of San Diego’s General Plan and the San Diego Downtown Community Plan, which were conducted in compliance with…
    • § 70506 The exemption from CEQA for existing facilities identified in Section 15301 of Title 14 of the California Code of Regulations shall be deemed to apply to any…
    • § 70507 The demolition project shall be deemed to be a project that is separate and distinct from the development project. The demolition project and development…
    • § 70508 Any legal challenge that is brought against the County of San Diego with regard to the demolition project or the development project shall not result in a…