County of san diego board of supervisors regular meeting tuesday, november



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1.

SUBJECT:

APPROVAL OF AMENDMENTS TO DOCUMENTS RELATED TO THE TRANSFER OF COUNTY-OWNED COURT FACILITIES TO THE STATE OF CALIFORNIA, JUDICIAL COUNCIL, PURSUANT TO TRIAL COURT FACILITIES ACT OF 2002 (SB 1732) (DISTRICTS: ALL)




OVERVIEW:




Beginning with the Lockyer-Isenberg Trial Court Funding Act in 1997, the State passed several pieces of legislation to transfer responsibility for trial court operations from individual counties to the California Judicial Council. The Trial Court Facilities Act of 2002 (SB 1732), Government Code sections 70301, et seq. (the Act), provides for the State of California, through the Judicial Council (represented by the Administrative Office of the Courts), to assume responsibility for “court facilities” located in county-owned buildings. The Act also requires a county to convey to the State title to any county-owned building that is 100% court-occupied.
In accordance with the Act, upon transfer of responsibility to the State, each county is relieved of its legal responsibility to provide necessary and suitable trial court facilities for court operations, subject to certain statutorily imposed obligations. Among these obligations are requirements that: (1) a county remit to the State a County Facilities Payment, that represents the historic expenditures for facilities maintenance, utilities, insurance, and leases; and (2) a county retain seismic liability obligations for court facilities having a seismic safety rating of Level V under the State’s Seismic Risk Table (SRL-V) unless the county is relieved of those obligations under one of several statutory exceptions. Among those exceptions is a “seismic settlement” that must meet certain criteria and be approved by the California Department of Finance prior to implementation.
On September 16, 2008 (21), your Board approved transfers of responsibility for all trial court facilities then in use by the Superior Court of California, County of San Diego, thus receiving relief from the obligation to provide, operate, renovate, or replace such facilities. At the time, although the County and the Administrative Office of the Courts had negotiated, in principal, a seismic settlement designed to relieve the County of statutorily imposed seismic obligations, the Department of Finance had not yet approved the settlement. The Department of Finance subsequently approved the seismic settlement in March 2009, and the parties have prepared documents to reflect the seismic settlement.
Today’s proposed action is to approve amendments to the related court facility transfer documents and certain new documents for the purpose of carrying out the seismic settlement, and to authorize the Director of the Department of General Services to: (1) sign the related Amended and Restated Transfer Agreements, and the Amended and Restated Joint Occupancy Agreements; (2) sign the deeds, easements, licenses, leases, project drawings or specifications, and other documents as may be necessary to accomplish the approved seismic settlement; and (3) take all necessary actions in conformance with the court transfer agreements.




FISCAL IMPACT:




The court facilities transfers approved in September 2008 obligated the County, once each facility transitioned to the Judicial Council, to make County Facilities Payments to the State, on a building-by-building basis, in an aggregate annual amount of $7.48 million. County Facilities Payments are offset by County facilities cost reductions of approximately the same amount. With the anticipated reduction in facilities under County management, three staff positions were eliminated in the Fiscal Year 2008-09 Adopted Operational Plan. No layoffs were required as the Department of General Services anticipated these reductions in its management of, and recruitment for, vacant positions.
The seismic settlement would also relieve the County of exposure to incalculable seismic risks associated with five of the six SRL-V buildings for which responsibility was transferred to the State in September 2008: County Courthouse, East County Regional Center, North County Regional Center Buildings F2 and F3, and Kearny Mesa Traffic/Small Claims Court. In exchange for relief from these risks, the County would transfer to the State its equity in, and title to, the County Courthouse, the Old Jail, and the Stahlman Block. However, the value of these asset transfers would be offset by several other components of the seismic settlement, including the State’s obligations to: (1) relinquish to the County the State’s 100% right to the Madge Bradley and Family Court buildings (which the Act would otherwise require to be conveyed to the State); (2) demolish and remove the County Courthouse and Old Jail in the future when they are no longer used, and (3) the County’s right to continue to receive lease revenues under the Stahlman Block and Old Jail leases until at least July 2014.
The amendments would also require the State, if it later decides to plan, approve, fund and construct a new downtown courthouse, to build and convey to the County a secure inmate transportation tunnel connecting any such new downtown courthouse that the State might construct in the future to the County’s downtown Central Jail in exchange for allowing the Court to occupy County space in the South Bay Regional Center. Such an inmate transportation tunnel would have positive fiscal impacts on the Sheriff’s future operational costs.




BUSINESS IMPACT STATEMENT:




N/A




RECOMMENDATION:




CHIEF ADMINISTRATIVE OFFICER

  1. Find that the proposed project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15301, 15061(b)(3), and 15378(b) because the project consists of the continued operation of existing trial court facilities and County-owned properties with no expansion of use, there is no possible significant effect on the environment resulting from the transfers of existing facilities without change, and this action is a fiscal and administrative action that does not include a commitment to any specific project which may have a potentially significant environmental effect.



  2. Adopt a Resolution approving the amendments to the court facilities transfers and related actions described in Recommendations 3, 4, 5, 6, 7 and 8, and designating the Director, Department of General Services, as the County of San Diego’s authorized representative and signatory for the purpose of signing the necessary transfer documents on the County’s behalf.




  1. Approve the Amended and Restated Transfer Agreement Between the Judicial Council of California, Administrative Office of the Courts, and the County of San Diego for the Transfer of Responsibility for Court Facilities, on file with the Clerk of the Board, with respect to the following properties: Madge Bradley Building, 1409 Fourth Ave., San Diego, CA; Family Court Building, 1501-1555 Sixth Ave., San Diego, CA.




  1. Approve the Amended and Restated Transfer Agreement Between the Judicial Council of California, Administrative Office of the Courts, and the County of San Diego for the Transfer of Responsibility and Transfer of Title for Court Facilities, on file with the Clerk of the Board, with respect to the following properties: East County Regional Center, 250 E. Main St., El Cajon, CA; Kearny Mesa Traffic/Small Claims Court , 8950 Clairemont Mesa Blvd., San Diego, CA; North County Regional Center Buildings F1, F 2 and F 3 , 325 S. Melrose Dr., Vista, CA.




  1. Approve the Amended and Restated Transfer Agreement Between the Judicial Council of California, Administrative Office of the Courts, and the County of San Diego for the Transfer of Responsibility for and Transfer of Title to Court Facilities, Transfer of Title to the Old Jail, and Conveyance of Title to Stahlman Block, on file with the Clerk of the Board, with respect to the following properties: County Courthouse, 220 W. Broadway, San Diego, CA; Old Jail Building, 220 West C Street, San Diego, CA; Stahlman Block, bounded by Union Street, West B Street, State Street and West C Street, San Diego, CA.



  1. Approve the Amended and Restated Joint Occupancy Agreement Between the Judicial Council of California, Administrative Office of the Courts, and the County of San Diego, on file with the Clerk of the Board, with respect to the following property: County Courthouse, 220 W. Broadway, San Diego, CA.




  1. Approve the Master Leases, on file with the Clerk of the Board, with respect to the following properties: County Courthouse, 220 W. Broadway (including Old Jail Building, 220 West C Street), San Diego, CA; Stahlman Block, bounded by Union Street, West B Street, State Street and West C Street, San Diego, CA.




  1. Approve the License Agreement, on file with the Clerk of the Board, with respect to the following property: South Bay Regional Center, 500 Third Avenue, Chula Vista, CA.




  1. Authorize and direct the Director, Department of General Services, to execute those documents identified in Recommendations 3, 4, 5, 6, 7 and 8, and such deeds, easements, licenses, leases, project specifications, and other documents as may be necessary to accomplish the approved transfers, so long as they are consistent with the Board’s actions to approve those transfers.




  1. Authorize and direct the Director, Department of General Services, to perform all necessary actions under the Amended and Restated Transfer Agreements and Amended and Restated Joint Occupancy Agreements on behalf of the County.




ACTION:




ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as recommended, adopting Resolution No. 09-228, entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO AUTHORIZING THE DIRECTOR, DEPARTMENT OF GENERAL SERVICES, TO EXECUTE AMENDED AND RESTATED DOCUMENTS TRANSFERRING RESPONSIBILITY FOR, AND TITLE TO, TRIAL COURT FACILITIES AND RELATED DOCUMENTS PURSUANT TO THE CALIFORNIA GOVERNMENT CODE.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn






2.

SUBJECT:

SHERIFF – APPROVAL TO SUBMIT A GRANT APPLICATION FOR THE CALIFORNIA EMERGENCY MANAGEMENT AGENCY FISCAL YEAR 2009-2010 MARIJUANA SUPPRESSION PROGRAM

(DISTRICTS: ALL)




OVERVIEW:




This is a request to authorize the Sheriff’s Department to submit a grant application to the California Emergency Management Agency (Cal EMA) for the Fiscal Year 2009-2010 Marijuana Suppression Program. The Request for Proposal was released October 15, 2009 and the grant application is due November 19, 2009. This grant will allow the Sheriff’s Department to continue its efforts to eradicate illegal marijuana cultivation and address marijuana trafficking problems in the County. The maximum award amount is $275,000 over a three year project period beginning January 1, 2010 and ending December 31, 2012. If the grant application is approved, the Sheriff’s Department will return to your Board to accept the grant and appropriate the grant funds.




FISCAL IMPACT:




There is no fiscal impact associated with submitting the grant application. If the application is approved, it will result in an award amount of up to $275,000 in unanticipated grant revenue from Cal EMA; there is no match requirement for this grant program. There will be no change in net general funds costs but may involve the addition of one additional staff year.




BUSINESS IMPACT STATEMENT:




N/A




RECOMMENDATION:




SHERIFF

  1. Authorize the Sheriff’s Department to submit a grant application in an amount up to $275,000 to Cal EMA for the Fiscal Year 2009-10 Marijuana Suppression Program for the period January 1, 2010 through December 31, 2012.




  1. Authorize the Sheriff to execute all Fiscal Year 2009-10 Marijuana Suppression Program grant application documents.




ACTION:




ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board took action as recommended.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn






3.

SUBJECT:

SHERIFF – ACCEPTANCE OF 2009 OPERATION STONEGARDEN SUPPLEMENTAL GRANT AWARD (DISTRICTS: ALL)




OVERVIEW:




This is a request to authorize the Sheriff’s Department’s acceptance of $4,992,606 in 2009 Operation Stonegarden Supplemental (OPSG-S) grant funds from the Federal Department of Homeland Security, passed through the California Emergency Management Agency (CalEMA), and to adopt a resolution for the 2009 Operation Stonegarden Supplemental Grant. On September 22, 2009 (1), your Board approved the acceptance of the 2009 Operation Stonegarden Grant (OPSG) for $8,844,033. On August 25, 2009, the CalEMA applied for supplemental 2009 OPSG funding on behalf of San Diego and Imperial Counties.
On September 28, 2009, the Sheriff’s Department was notified of the OPSG-S award of $4,992,606. The objective of the OPSG grant program is to increase coordination and enhance local law enforcement presence along the border. The OPSG grant program is intended to enhance law enforcement preparedness and operational readiness along the land borders of the United States. The supplemental funds will be used primarily to increase the number of agencies participating in Operation Stonegarden. As with the previous OPSG grants, the grant funds will reimburse agencies for overtime, equipment and services in a joint mission to secure the United States land borders.




FISCAL IMPACT:




Funds for this request are not included in the Fiscal Year 2009-10 Adopted Operational Plan for the Sheriff’s Department. If approved, this request will result in current year costs and revenue of $4,992,606, including a pass-through of $4,552,660 to regional law enforcement agencies. The remaining $439,946 will be retained in the Sheriff’s Department. The funding source is unanticipated grant revenue from the Federal Department of Homeland Security, passed through the California Emergency Management Agency (CalEMA), Operation Stonegarden Supplemental Grant. There will be no change in net General Fund cost and no additional staff years.




BUSINESS IMPACT STATEMENT:




N/A




RECOMMENDATION:




SHERIFF

  1. Waive Board Policy B-29, Fees, Grants, Revenue Contracts – Department Responsibility for Cost Recovery, which requires full cost recovery for grants and requires that Board approval be given in advance of application for funds.



  1. Authorize the Sheriff’s Department to accept and administer 2009 OPSG-S grant funds in the amount of $4,992,606 from the California Emergency Management Agency (CalEMA) for the period October 1, 2009 to March 30, 2012.




  1. Adopt a resolution entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO RELATING TO THE FISCAL YEAR (FY) 2009 OPERATION STONEGARDEN GRANT (OPSG) AND FISCAL YEAR (FY) 2009 OPERATION STONEGARDEN GRANT – SUPPLEMENTAL (OPSG-S).




  1. Establish appropriations of $4,992,606 in the Sheriff’s Department to support salaries and benefits for overtime ($292,626), services and supplies for equipment ($147,320) and for the multiple agencies within the San Diego County region working on Operation Stonegarden ($4,552,660) based on unanticipated revenue received from the California Emergency Management Agency (CalEMA) Operation Stonegarden grant funds. (4 VOTES)




  1. Authorize the Sheriff to enter into expenditure contracts related to the Operation Stonegarden grant to reimburse overtime and equipment expenses, not to exceed $4,552,660 incurred collectively by participating law enforcement agencies performing grant activities during the period October 1, 2009 to March 30, 2012. Individual agency awards are as follows: $2,430,651 for San Diego Police Department; $157,788 for Carrizo Gorge Railway Police; $462,168 for Oceanside Harbor Police Department; $277,003 for Coronado Police Department; $264,397 for Orange County Sheriff’s Department; $359,498 for California Department of Motor Vehicles; $407,974 for Chula Vista Police Department, and $193,181 for Carlsbad Police Department.




  1. Authorize the Sheriff to execute the acceptance of the 2009 OPSG-S grant from the California Emergency Management Agency (CalEMA), and any extensions, amendments, or revisions thereof that do not materially impact or alter the grant programs or funding level.




ACTION:




ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as recommended, on Consent, adopting Resolution No. 09-229, entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO RELATING TO THE FISCAL YEAR (FY) 2009 OPERATION STONEGARDEN GRANT (OPSG) AND FISCAL YEAR (FY) 2009 OPERATION STONEGARDEN GRANT – SUPPLEMENTAL (OPSG-S).

AYES: Cox, Jacob, Slater-Price, Roberts, Horn



4.

SUBJECT:

SHERIFF - REPORT OF INMATE WELFARE FUND EXPENDITURES FOR FISCAL YEAR 2008-09 (DISTRICTS: ALL)




OVERVIEW:




This is an itemized report of expenditures from the Inmate Welfare Fund, as required under Penal Code 4025. These expenditures are primarily for the benefit, education, and welfare of the inmates confined within the San Diego County adult detention facilities. The funding sources for the Inmate Welfare Fund are inmate telephone revenues and excess revenues from the sale of commissary items to the inmates.




FISCAL IMPACT:




There is no fiscal impact as a result of this action. There is no net county cost and this action will require the addition of zero staff years.




BUSINESS IMPACT STATEMENT:




N/A




RECOMMENDATION:




SHERIFF

Note and file the Fiscal Year 2008-09 Report of Inmate Welfare Fund Expenditures.






ACTION:




ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as recommended, on Consent.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn








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