California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 1 - Board of State and Community Corrections › Chapter 1 - Board of State and Community Corrections › Subchapter 7 - Local Youthful Offender Rehabilitative Facility Construction Financing Program › Article 1 - General Provisions › Section 1806 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following words, where used in this subchapter, shall
						have the meaning hereafter ascribed to them in this article, unless the context
						of their use clearly requires a different meaning.
"Administrative work plan" means a comprehensive plan for
						designing, performing and managing the proposed project.
"Applicant" means the participating county that is
						applying for financing through the 2007 Local Youthful Offender Rehabilitative
						Facility Construction Financing Program.
"Architectural drawings" means full-size architectural
						renderings that shall be prepared at least 1/8" scale.
"Board" means the State Public Works Board.
"Board of State and Community Corrections agreement,"
						also known as the BSCC agreement, means the written agreement and any
						amendments thereto which outline roles and responsibilities between the
						participating county and the BSCC as it relates to the oversight of the
						project.
"Board of Supervisors' resolution" means a written
						resolution by a County Board of Supervisors.
"BSCC" means Board of State and Community Corrections,
						which acts by and through its Executive Director and representatives.
"CCR" means California Code of Regulations.
"CDCR" means the California Department of Corrections and
						Rehabilitation.
"Cash match" and "hard match" are used interchangeably
						and mean cash dedicated to the project by the applicant for eligible
						expenditures as defined in Section
						1814 of these regulations.
"Concept drawings" means, with respect to a design-build
						project, any drawings or architectural renderings that may be prepared, in
						addition to performance criteria, in such detail as the participating county
						determines necessary to sufficiently describe the participating county's
						needs.
"Conditional award" means the maximum amount of state
						reimbursement a participating county may receive for a project through the
						Local Youthful Offender Rehabilitative Facility Construction Financing Program
						subject to or conditioned upon certain requirements, including, but not limited
						to:
1) each participating county's
					 project must be approved by the BSCC and the Board at various stages throughout
					 planning and construction as required by these regulations;
2) each participating county must enter into
					 the state/county agreements as required by these regulations; and
3) the financing mechanism of lease-revenue
					 bonds are able to be sold for each selected project.
"Construction bid" means a construction bid price
						received from a qualified contractor for a design-bid-build project as a result
						of a publicly advertised request for bid.
"Construction documents" means architectural plans and
						specifications that are one hundred percent (100%) complete and generally
						include: completed specifications with bid proposal documents; completed
						construction drawings; and special interest items (corrections, modifications,
						or additions made to the documents).
"Construction management" means a specialized,
						multidisciplinary function provided by a firm or individual acting as the
						county's representative with the responsibility to guide the county through all
						phases of delivery of the construction project.
"County" means a legal subdivision of the State of
						California as defined in subsection (a) of Section
						1 of Article XI of the California
						Constitution.
"Design-bid-build" means a construction procurement
						process independent of the design process and in which the construction of a
						project is procured based on completed construction documents.
"Design-build" means a construction procurement process
						in which both the design and construction of a project are procured from a
						single entity.
"Design capacity" includes all housing areas, even those
						specialized units that are not included in the rated capacity. It does not,
						however, include temporary holding rooms, such as those in the reception and
						booking areas of the facility. Design capacity is used in calculating costs per
						bed and square foot.
"Design development" means architectural plans and
						specifications that are fifty percent (50%) complete and generally include:
						outline specifications (detention hardware, equipment, and furnishings); floor
						plans (to scale with dimensions, room designations, references, wall types, and
						ratings); building sections (heights and dimensions); interior elevations; and
						preliminary structural, mechanical, and electrical drawings.
"Detention alternatives" means programming efforts
						designed to reduce juvenile facility crowding as well as recidivism among local
						offenders.
"EIR" means environmental impact report; a report as
						defined in the California Environmental Quality Act (CEQA) as implemented in
						Title 14, CCR, Public Resources Code, Sections
						21000-
						21177.
"Evaluation and rating process" means the method by which
						each county's proposal will be evaluated using the criteria stipulated in these
						regulations.
"Facility administrator" means the chief probation
						officer or other official charged by law with the administration of a local
						youthful offender rehabilitative facility.
"Facility lease" means a lease-revenue bond financing
						document in which the Board leases the site and the Board-financed local
						youthful offender rehabilitative facility to CDCR for the term of the bonds
						and, subject to availability for use and occupancy, the CDCR agrees to pay rent
						and other related obligations.
"Facility sublease" means a sublease of the
						Board-financed local youthful offender rehabilitative facility from CDCR, with
						the consent of the Board, to a participating county, for its use, operation and
						maintenance, as described in Section
						1854.
"Ground lease" means a lease between a participating
						county and CDCR, with the consent of the Board, to place possession and control
						of the real property upon which the Board-financed local youthful offender
						rehabilitative facility will be constructed with CDCR as described in Section
						1852.
"Hard match" and "cash match" are used interchangeably
						and mean cash dedicated to the project by the applicant for eligible
						expenditures as defined in Section
						1814.
"In-kind match" and "soft match" are used interchangeably
						and mean local funds in the form of property value or management/administrative
						services dedicated to the project by the applicant for eligible expenditures as
						defined in Section
						1814.
"Interim Financing" is a loan or loans that the CDCR and
						the Board obtain for the state's share of the project and which may be obtained
						pursuant to:
(i) Sections
					 16312 and
					 16313 of
					 the California Government Code (Pooled Money Investment Board loans),
(ii) Section
					 15849.1 of
					 the California Government Code (General Fund loans), or
(iii) any other appropriate source.
"Large county" means a county with a general county
						population from 700,001 and above as estimated by the State Department of
						Finance for July 1, 2007, for Round One and January 1, 2014, for Round
						Two.
"Lease-revenue bonds" and "state bond financing" are
						interchangeable and means lease-revenue bonds issued by the State Public Works
						Board for local youthful offender rehabilitative facilities as authorized in
						Chapter 1.5, Article 3 of Division 2.5 of the Welfare and Institutions Code, as
						may be amended from time to time.
"Local Youthful Offender Rehabilitative Facility" means a
						juvenile facility, as defined in Minimum Standards for Juvenile Facilities,
						California Code of Regulations Title 15, Section
						1302, Definitions. This term also
						applies to county operated/owned facilities meeting applicable Title 15 and
						Title 24 regulations in which programs take place and/or are provided for the
						purpose of the rehabilitation of youthful offenders. Local youthful offender
						rehabilitative facilities may include non-secure program space.
"Local Youthful Offender Rehabilitative Facility
						Construction Financing Program" means the requirements set forth in Chapter
						1.5, Article 3 of Division 2.5 of the Welfare and Institutions Code to finance
						the construction of local youthful offender rehabilitative facilities.
"Match" means local funds in the form of cash, property
						value, or management/administrative services contributed by a county on a state
						bond financed project in the ratio described in Section
						1814.
"Medium county" means a county with a general county
						population from 200,001 to 700,000 as estimated by the State Department of
						Finance for July 1, 2007, for Round One and January 1, 2014, for Round
						Two.
"Needs assessment study" means a compilation of data that
						substantiates and justifies the scope of the project proposed to be funded
						through the Local Youthful Offender Rehabilitative Facility Construction
						Financing Program.
"Net gain in beds" means the number of beds (rated
						capacity and special use beds) to be added (if any), minus the number of
						existing beds (rated capacity and special use beds) to be eliminated in the
						county (if any) as a result of the project constructed through the Local
						Youthful Offender Rehabilitative Facility Construction Financing
						Program.
"Operational program statement" means a description of
						the intended operation of a local youthful offender rehabilitative facility
						proposed to be financed through the Local Youthful Offender Rehabilitative
						Facility Construction Financing Program.
"Participating county" means any county, or regional
						consortium of counties, within the state that has been certified to the Board
						by the CDCR as having satisfied all of the requirements set forth in Welfare
						and Institutions Code Section
						1975
						for financing a local youthful offender rehabilitative facility pursuant to
						this article.
"Performance criteria" means, with respect to a
						design-build project, the information that fully describes the scope of the
						proposed project and includes, but is not limited to, the size, type, and
						design character of the buildings and site; the required form, fit, function,
						operational requirements, and quality of design, materials, equipment, and
						workmanship; and any other information deemed necessary to sufficiently
						describe the participating county's needs, including documents prepared
						pursuant to paragraph (1) of subdivision (d) of Section
						20133
						of the Public Contract Code.
"Preliminary plans" means a site plan, architectural
						floor plans, elevations, outline specifications, and a cost estimate for each
						utility, site development, conversion, and remodeling project. The drawings
						shall be sufficiently descriptive to accurately convey the location, scope,
						cost, and the nature of the improvement being proposed.
"Project" means the construction, expansion or renovation
						of a local youthful offender rehabilitative facility proposed to be financed
						through the Local Youthful Offender Rehabilitative Facility Construction
						Financing Program.
"Project delivery and construction agreement" means the
						written agreement and any amendments thereto between the Board, the CDCR, the
						BSCC, and the participating county supplying the terms, provisions, and
						conditions governing the delivery of the project, as well as other supplemental
						terms and conditions that are deemed necessary to the project by the Board as
						described in Section
						1848.
"Proposal" means the document prepared by a county, or
						two or more counties if a common proposal, by which a request is made to
						participate in the Local Youthful Offender Rehabilitative Facility Construction
						Financing Program.
"Proposal evaluation criteria" means criteria by which
						proposals will be rated for financing through the Local Youthful Offender
						Rehabilitative Facility Construction Financing Program.
"Rated capacity" means the number of detainee occupants,
						as determined by the BSCC, for which a facility's single and double occupancy
						rooms or dormitories (excluding those areas dedicated for medical or mental
						health care or disciplinary isolation housing), were planned and designed in
						conformity with the standards and requirements contained in Title 15, CCR,
						Division 1, Chapter 1, Subchapter 5 and Title 24, CCR, Part 1, Chapter 13,
						Section 13-201 and Part 2, Volume 1,
						Chapter 12, Section
						1230.
"Regional consortium of counties" means two or more
						counties bound together by a memorandum of understanding or a joint powers
						agreement identifying the terms, conditions, rights, responsibilities, and
						financial obligations of all parties.
"Renovation" means major upgrading, enhancing, remodeling
						or reassigning of space with the primary objective to improve safety, security
						and functional use (including rehabilitative program use) and extend the useful
						life of the facility.
"Round One" means the process and award of financing
						within the Local Youthful Offender Rehabilitative Facility Construction
						Financing Program pursuant to the request for proposals issued July 15,
						2008.
"Round Two" means the process and award of financing
						within the Local Youthful Offender Rehabilitative Facility Construction
						Financing Program pursuant to the request for proposals issued September 12,
						2014.
"Schematic design" means architectural plans and
						specifications that are thirty percent (30%) complete and generally include: a
						site plan; floor plan; exterior elevations and cross sections; type of
						construction; and actual gross floor area.
"Scope of work and project impact" means a description of
						the project and the impact the project will have on the county's juvenile
						detention system.
"Site" means the property on which the Board-financed
						local youthful offender rehabilitative facility is located, including a buffer
						zone. Roadways or areas serving functions other than the local youthful
						offender rehabilitative facility shall not be considered part of the
						site.
"Small county" means a county with a general county
						population of 200,000 or fewer as estimated by the State Department of Finance
						for July 1, 2007, for Round One and January 1, 2014, for Round Two.
"Soft match" and "in-kind match" are used interchangeably
						and mean local funds in the form of property value or management/administrative
						services dedicated to the project by the applicant for eligible expenditures as
						defined in Section
						1814.
"Special use beds" means beds for the purpose of
						appropriately housing detainees in medical, mental health or disciplinary rooms
						or units that are planned and designed in conformity to the standards and
						requirements contained in Title 15, CCR, Division 1, Chapter 1, Subchapter 5
						and Title 24, CCR, Part 1, Chapter 13, Section
						13-201 and Part 2, Volume 1,
						Chapter 12, Section
						1230.
"Staffing plan" means an assessment and identification of
						staffing levels needed to operate the proposed project.
"State bond financing" and "lease-revenue bonds" are used
						interchangeably and mean lease-revenue bonds issued by the State Public Works
						Board for local youthful offender rehabilitative facilities as authorized in
						Chapter 1.5, Article 3 of Division 2.5 of the Welfare and Institutions Code, as
						may be amended from time to time.
"State reimbursements" are payments made to the county by
						CDCR to reimburse the county for project costs which were deemed eligible for
						state financing.
"Working drawings" means a complete set of plans and
						specifications showing and describing all phases of a project, architectural,
						structural, mechanical, electrical, civil engineering, and landscaping systems
						to the degree necessary for the purposes of accurate bidding by contractors and
						for the use of artisans in constructing the project.