CoUNTY oF Los ANGELES
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Jrn McDoNNELL, SHERIFF

September 29, 2015

The Honorable Board of Supervisors
County of Los Angeles
383 Kenneth Hahn Hall of Administration
Los Angeles, California 90012
Dear Supervisors:
CENTURY REGIONAL DETENTION FACILITY
PROPOSED TREATMENT AND PROGRAMMING ANNEX FACILITY
ADOPT AMENDED AND RESTATED RESOLUTION COMPLETING THE
SUBMITTAL OF A PROPOSAL FOR SENATE BILL 863
ADULT LOCAL CRIMINAL FACILITIES CONSTRUCTION FINANCING
(SECOND DISTRICT) (3 VOTES)
SUBJECT
The Los Angeles County (County) Sheriffs Department (Department) seeks the Board's
adoption of an Amended and Restated Resolution (Resolution) related to the County's
proposal in response to Senate Bill 863 (SB 863) Adult Local Criminal Facilities
Construction Financing Request for Proposals (RFP) issued by the California {State)
Board of State and Community Corrections (BSCC) for lease-revenue bond financing.
This action will allow the Department to design and construct a proposed Treatment and
Programming Annex Facility (Annex Facility) at the Department's Century Regional
Detention Facility (CRDF) . As required by BSCC, the Resolution revises the Resolution
previously adopted by the Board on July 21, 2015.
IT IS RECOMMENDED THAT THE BOARD:
1. Find that the recommended actions on this Resolution are not a project under
Section 15378(b) of the California Environmental Quality Act (CEQA) for the reasons
stated in this letter.

211 WEsT TEMPLE STREET, Los ANGELEs, CALIFORNIA 90012

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The Honorable Board of Supervisors
September 29, 2015
Page 2

2. Adopt the attached Resolution, authorizing Assistant Sheriff Terri McDonald or
Bradford M. Bolger, Senior Manager, Chief Executive Office, or their designees, to
execute project documents deemed necessary to effectuate the financing authorized
by SB 863, at the appropriate times, following the award of financing by BSCC and
acceptance of such financing by your Board.
PURPOSE AND JUSTIFICATION OF RECOMMENDED ACTIONS

The recommended actions are in response to technical review comments made by
BSCC on the previously submitted proposal to BSCC for lease-revenue bond financing
to design and construct a proposed Annex Facility at the Department's CRDF, pursuant
to the guidelines in SB 863. If awarded, the Department will return to the Board to
accept the financing, approve the proposed project, and approve the total project
budget.
Background
SB 863 was enacted in June of 2015, and offers a total of $500 million in State
lease-revenue bond financing for the construction of adult local criminal justice facilities,
of which $240 million has been set aside for large counties. Financing for SB 863 is
limited to a maximum amount of $80 million per project for large counties, including the
County, with a minimum 10 percent County match.
On July 21, 2015, the Board adopted a resolution authorizing the Sheriff to sign and
submit a proposal in response to the RFP for SB 863, which will provide State financing
for design and construction of adult inmate treatment and programming spaces. On
August 28, 2015, the Department submitted the County's proposal package to BSCC.
On September 4, 2015, the County received comments from BSCC as part of the
technical review process. BSCC indicated that the County will need to authorize an
appropriate signatory or signatories to execute necessary project documents, at the
appropriate times, as part of the financing framework for SB 863. Such project
documents include, but are not limited to, Project Delivery and Construction Agreement,
BSCC Agreement, Ground Lease (includes Site Lease), Right of Entry for Construction
and Operation, Facility Lease, and Facility Sublease. The designated signatories or
their designees, shall be authorized to execute necessary project documents only
following the award of financing by BSCC and acceptance of such financing by the
Board.

The Honorable Board of Supervisors
September 29, 2015
Page 3

SB 863 Application Deadline and Submittal
The deadline for submittal of the revised resolution is October 2, 2015. Adopting the
attached Resolution will allow the Department to complete their proposal for SB 863
financing.
Implementation of Strategic Plan Goals
The recommended actions support the County's Strategic Plan, Goal 1, Operational
Effectiveness/Fiscal Sustainability, by investing in the infrastructure of the County's jail
system to improve the services provided to the County's inmate population.
FACTS AND PROVISIONS/LEGAL REQUIREMENTS

In accordance with Senate Bill 863 and requirements set forth by BSCC, the attached
Resolution is a technical requirement of the RFP.
The Resolution amends only item Number 3 of the previously adopted Resolution,
which authorizes Assistant Sheriff Terri McDonald or Bradford M. Bolger, Senior
Manager, Chief Executive Office, or their designees, to execute project documents
deemed necessary to effectuate the financing authorized by SB 863, at the appropriate
times, following the award of financing by BSCC, and acceptance of such financing by
the Board.
County Counsel has reviewed and approved the attached Resolution as to form.
ENVIRONMENTAL DOCUMENTATION

The recommended action to adopt the Resolution adding the names of County officials
authorized to execute key proposal related documents, in response to a request from
the BSCC, is not a project for purposes of CEQA because it is an activity excluded from
the definition of a project by Section 15378(b)(5) of the CEQA Guidelines. The action to
amend and identify authorized document signatories is an administrative activity of
government, which will not result in a direct or indirect physical change to the
environment.
In connection with earlier actions to authorize submission of a proposal for SB 863
funds on July 21, 2015, the Board approved a Second Addendum to the previously
certified Environmental Impact Report pursuant to Section 15164 of the State CEQA
Guidelines. This documentation provided an environmental analysis of the impacts of
the proposed revised scope of development for a proposed Annex Facility at a location
within the Department's fenced and developed CRDF. A Notice of Determination was

The Honorable Board of Supervisors
September 29, 2015
Page4

filed and posted with the Registrar-Recorder/County Clerk in accordance with Section
15094 of the State CEQA Guidelines on July 22, 2015.
IMPACT ON CURRENT SERVICES (OR PROJECTS)
There will be no negative impact on current County services or projects during the
performance of the recommended services.
CONCLUSION
Upon Board approval, please return one individually certified copy of this Board letter to
the Chief Executive Office, Capital Projects Division, and to the Department's Facilities
Planning Bureau.
Sincerely,

AMENDED AND RESTATED
RESOLUTION
SB 863 GRANT APPLICATION
WHEREAS, Senate Bill 863, the Adult Local Criminal Justice Facilities (ALCJF)
Construction Act, which was signed into law by the Governor on June 20, 2014, authorizes state
lease revenue bond financing for the acquisition , design, and construction of ALCJFs and
authorizes the Board of State and Community Corrections (BSCC), the California Department of
Corrections and Rehabilitation (CDCR), the State Public Works Board (SPWB) and participating
counties to enter into agreements to acquire, design, renovate, or construct ALCJFs; and
WHEREAS, the BSCC has issued a Request for Proposals (RFP) for construction of
ALCJFs for the purpose of entering into such agreements and disbursing funds in support of
such construction; and
WHEREAS, the RFP requires each county submitting a proposal to include a resolution
approved by its Board of Supervisors; and
WHEREAS, the Board of Supervisors of the County of Los Angeles adopted
Resolution for SB 863 Grant Application on July 21, 2015; and
WHEREAS, this Amended and Restated Resolution for SB 863 Grant Application is
necessary to amend and restate the resolution in its entirety so as to make certain revisions
related to authorizing signatories to execute project documents at the appropriate times
following the award of financing by BSCC and acceptance of such financing by the Board of
Supervisors of the County of Los Angeles.
BE IT RESOLVED hereby by the Board of Supervisors of the County of Los Angeles as
follows :
1.

That the County of Los Angeles has identified the following key staff:
County Construction Administrator and Project Contact Person:
Gary T.K. Tse, Assistant Division Director
Sheriff's Department
Project Financial Officer:
Bradford M. Bolger, Senior Manager
Chief Executive Office

2.

That the County of Los Angeles approves the forms of the project documents deemed
necessary, as identified by SPWB to BSCC, to effectuate the financing authorized by the
legislation.

3.

That the Board of Supervisors authorizes Jim McDonnell, Sheriff of Los Angeles
County, to sign and submit the proposal for financing in accordance with the
requirements of the RFP; and the Board of Supervisors further authorizes Assistant
Sheriff Terri McDonald or Bradford M. Bolger, Senior Manager, Chief Executive Office,
or their designees, to execute all project documents deemed necessary to effectuate the
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financing authorized by the legislation, at the appropriate times, following the award of
financing by BSCC and acceptance of such financing by the Board of Supervisors. The
project documents shall include but shall not be limited to the following:
Project Delivery and Construction Agreement
BSCC Agreement
Ground Lease (includes Site Lease) .
Right of Entry for Construction and Operation
Facility Lease
Facility Sublease
4.

That the County of Los Angeles assures that it will adhere to State requirements
and terms of the agreements between the County, CDCR, BSCC, and SPWB in the
expenditure of State funds and County matching funds.

5.

That the County of Los Angeles has appropriated the amount of match identified by the
County on the funding proposal form submitted to BSCC which amount shall be a
minimum of Five Million, Six Hundred Thousand ($5,600.000); that the source of this
cash match shall be the County General Fund; and that the County assures that State
and County matching funds do not supplant funds otherwise dedicated or appropriated
for construction activities.

6.

That the County of Los Angeles will fully and safely staff and operate the Treatment and
Programming Annex Facility (Annex Facility) that is being constructed (consistent with
Title 15, California Code of Regulations) within ninety (90) days after project completion.

7.

That the County of Los Angeles will provide a site assurance for the local Annex Facility
at the time of proposal or not later than ninety (90) days following the BSCC's notice of
Intent to Award.

8.

That the County of Los Angeles has project site control for the construction of the Annex
Facility project through either fee simple ownership of the site or comparable long-term
possession of the site, and right of access to the project sufficient to assure undisturbed
use and possession of the site, and will not dispose of, modify the use of, or change the
terms of the real property title, or other interest in the site of facility subject to
construction, or lease the facility for operation to other entities, without permission and
instructions from the CSA, for so long as SPWB lease-revenue bonds secured by the
financed project remain outstanding.

9.

That the County of Los Angeles attests that the current fair market land value for the
proposed new or expanded Annex Facility is approximately $240,000.

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The foregoing resolution was on the
day of
, 2015 adopted by the Board
of Supervisors of the County of Los Angeles and ex officio the governing body of all other
special assessment and taxing districts, agencies and authorities for which said Board so acts.

PATRICK OGAWA
Acting Executive Officer-Clerk
of the Board of Supervisors of
the County of Los Angeles
By______________________
Deputy

APPROVED AS TO FORM:
MARY C. WICKHAM

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