State to transfer part of Brawley Court to the County
EL CENTRO – The Imperial County Board of Supervisors approved several motions for the transferring back of part of the Brawley Courthouse Facility from the Judicial Council of California (JCC) to the local government.
County CEO Miguel Figueroa recalled that on December 2008 the County and the JCC entered into a transfer agreement for the transfer of responsibility of the court facility for a joint occupancy agreement of the 220 East Main Street building.
In July 2017, the County and the JCC entered into a settlement agreement, or ECCH Settlement Agreement, that granted the County a non-cash credit for its Equity Interest in the El Centro Courthouse, which was transferred from the County to the
JCC in October 2018.
Last year, the JCC notified the County in writing of its intention to vacate and sell its Equity Interest in the Brawley Courthouse Facility before the opening of the new Courthouse on Wake Avenue in El Centro.
Figueroa said in a report that the JCC holds 28.2% of the Equity Interest in the Brawley Courthouse Facility, equivalent to 5,897 square feet on the first floor of the building, which has been referred to as the Court Exclusive Use Area.
The JCC completed the process to have the facility and its share professionally appraised to move forward with the sale or transfer of its equity interest. The appraisal led to a total value of $1.6 million. The JCC’s share equals to a pro-rated value of $451,200, documents show.
Figueroa said the Executive Office has notified the JCC that the county accepts the as-is appraisal and intends to proceed in acquiring the JCC’s Equity Interest in the Brawley Courthouse Facility by utilizing the County’s over two million USD non-cash credit balance from the 2017 ECCH Settlement Agreement.
In 2018, the County acquired the JCC’s Equity Interest in the Juvenile Probation Court Facility and the Jail Court Facility, utilizing the same credit balance.
Figueroa reported to the board that the County’s ending non-cash credit balance is $1.5 million.
On Tuesday, December 19, the board voted in favor of the First Amendment to the Settlement Agreement and an Equity Rights Purchase Agreement with the
JCC, which includes a relinquishment of equity rights and termination of the joint occupancy agreement.
Figueroa said in a report the effective date of the JCC’s Equity Interest transfer has not been established yet.
“Afterwards the parties will proceed according to the processes outlined within the Agreements with respect to all of the subsequent actions that follow, which will include additional services, document signings and final documentation recordation,” per the document.
Documents were signed months ago by Judicial Council of California Supervising Attorney Kristin Kerr, Acting Administrative Director of the Judicial Council of California Millicent Tidwell, Imperial County Superior Court Presiding Judge William Quan, and County Counsel Eric Havens.
The court facility includes two courtrooms, jury deliberation rooms, record storage, space for clerical support, public defender, and probation, as well as other offices.
The Imperial County Superior Court plans to shut down the Brawley facility next week.
Regarding the property’s future, the County has no plans so far.
“No direction has been given to sell the Brawley Administration/Courthouse building,” County spokesman Gilbert Rebollar said in an email. “The Court Exclusive Area will be vacated, but the Judicial Council has yet to provide the County with an official date.”
Currently, the Brawley facility houses staff from Imperial County’s District Attorney’s Office, Probation Department, Public Defender, Victim Witness, Behavioral Health Services, Sheriff ’s Office, and Air Pollution Control District.
“Once the date is provided, the County can proceed with the Relinquishment of Equity Rights and Termination of Joint Occupancy Agreement,” Rebollar continued. “Following this, the Board can provide direction with current occupants possibly requesting to have their spaces redistributed or reassigned.”