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File #: 20-0186    Version: 1 Name:
Type: Approval Status: Approved
File created: 2/26/2020 In control: County Counsel
On agenda: 3/10/2020 Final action: 3/10/2020
Title: Authorization for County Counsel to Share With the Mental Health Treatment Act Citizens Oversight Committee a Legal Memorandum Responding to the Questions in the December 24, 2019 Memo From the Measure B Project Manager to the Board of Supervisors
Sponsors: County Counsel

 

To:  Board of Supervisors

FromCounty Counsel

Meeting DateMarch 10, 2020

 

Department Contact:  

Christian Curtis

Phone: 

234-6885

 

Item Type:   Consent Agenda

 

Time Allocated for Item: n/a

 

 

Agenda Title:

title

Authorization for County Counsel to Share With the Mental Health Treatment Act Citizens Oversight Committee a Legal Memorandum Responding to the Questions in the December 24, 2019 Memo From the Measure B Project Manager to the Board of Supervisors

End

 

Recommended Action/Motion:

recommendation

Authorize County Counsel to share with the Mental Health Treatment Act Citizens Oversight Committee a legal memorandum responding to the questions in the December 24, 2019 memo from the Measure B Project Manager to the Board of SupervisorsEn.

End

 

Previous Board/Board Committee Actions:

On January 7, 2020, the Board of Supervisors directed County Counsel to prepare answers to questions raised by the Mental Health Treatment Act Citizens Oversight Committee in a December 24, 2019 memo from the Measure B Project Manager to the Board of Supervisors.En                     

 

Summary of Request

Per prior direction, County Counsel has researched and prepared a legal memorandum answering six (6) questions posed by the Mental Health Treatment Act Citizens Oversight Committee regarding the possible use of Measure B funds to construct a privately owned facility for the provision of mental health services.  A copy of that memorandum has been distributed to the Board confidentially pursuant to Government Code section 54957.5(a) and Roberts v. City of Palmdale.  ((1993) 5 Cal. 4th 363.)

 

The Mental Health Treatment Act Citizens Oversight Committee’s December 24, 2019 memorandum requested that the “Board of Supervisors review outcome of research and analysis during a separate Board meeting.”  At this time, however, the Mental Health Treatment Act Citizens Oversight Committee is eager to review the answers to its questions at its next meeting in March.  It is anticipated that the Mental Health Treatment Act Citizens Oversight Committee will want to discuss and/or share the memorandum during the public meeting.  While County Counsel understood the Board to have intended to ultimately share this opinion with the Mental Health Treatment Act Citizens Oversight Committee, counsel needs permission of the Board of Supervisors before doing so.

 

The Board also provided direction for County Counsel to research a seventh question regarding the construction of a County facility within the jurisdiction of a city.  As that question was requested by the Board directly, County Counsel is not requesting authority to release it to the Committee at this time.

 

 

Alternative Action/Motion:

Provide alternate direction.                     

 

Supervisorial District:  All

                                          

vote requirement:  Majority

                                          

 

 

Supplemental Information Available Online At:

 

Fiscal Details:

source of funding: n/a

budgeted in current f/y: N/A

current f/y cost: n/a

if no, please describe:

annual recurring cost: n/a

revenue agreement: N/A

 budget clarification: n/a

 Agreement/Resolution/Ordinance Approved by County Counsel: Yes

 

CEO Liaison: Executive Office

 

 

CEO Review: Choose an item. 

 

 

CEO Comments: Executive Office has no information to review

 

 

FOR COB USE ONLY

Executed By: Lindsey Dunham, Deputy Clerk I

Final Status:Approved

Date: March 11, 2020