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The Agency Director shall appoint and employ such personnel, including assigned Directors, as may be necessary to properly conduct the business of the Agency. Assigned Directors shall appoint and employ such personnel in the departments, divisions, and geographic service regions which they direct as are necessary to properly conduct Agency business. All appointments and employments made by the Agency Director and assigned Directors shall be made in accordance with the provisions of the County Charter, the Rules of the Civil Service Commission and County ordinances.
(Added by Ord. No. 8835 (N.S.), effective 11-6-97; amended by Ord. No. 8870 (N.S.), effective 3-5-98; amended by Ord. No. 9299 (N.S.), effective 2-22-01; amended by Ord. No. 9522 (N.S.), effective 1-9-03; amended by Ord. No. 10430 (N.S.), effective 6-21-16; amended by Ord. No. 10431 (N.S.), effective 7-28-16; amended by Ord. No. 10454 (N.S.), effective 2-9-17)
The Agency Director shall prepare and file with the Auditor and Controller and Chief Administrative Officer the required annual itemized estimates of expenditures and revenues for the Agency, and shall supervise the expenditure of all funds allotted to the Agency. The assigned Directors who direct departments, divisions, and geographic service regions within the Agency shall prepare and file with the Agency Director the required annual itemized estimates of expenditures for their respective departments, divisions, and geographic service regions.
(Added by Ord. No. 8835 (N.S.), effective 11-6-97; amended by Ord. No. 9522 (N.S.), effective 1-9-03; amended by Ord. No. 10430 (N.S.), effective 6-21-16; amended by Ord. No. 10431 (N.S.), effective 7-28-16; amended by Ord. No. 10454 (N.S.), effective 2-9-17)
Cross reference(s) -- Budget procedure, etc., § 110 et seq.
(a) Establishment of Fund and Statement of Intent. There is hereby established the Tobacco Settlement Revenue Securitization Trust Fund ("Trust Fund") to be administered by the Agency Director. The Trust Fund consists of proceeds received from the sale of the County's Tobacco Settlement Revenues ("TSRs") to the San Diego County Tobacco Securitization Corporation ("Corporation"). The Corporation paid for the TSRs using the proceeds of a loan from the Tobacco Securitization Authority of Southern California ("Authority"), a joint powers authority that issued bonds to finance the loan. The TSRs are used to make payments on the bonds. Since the bonds were issued on a tax-exempt basis, the County is required by the Internal Revenue Code (Title 26, United States Code) and the regulations implementing the Code, to comply with various restrictions on the use of the proceeds deposited in the Trust Fund. In addition, the Board of Supervisors has determined to limit expenditures from the Trust Fund to health related matters. The purpose of this section is to restrict expenditures from the Trust Fund to health related purposes and subject to the restrictions imposed by the Internal Revenue Code and implementing regulations.
(b) Expenditure Restrictions. Expenditures from the Trust Fund shall be allocated in accordance with the following guidelines:
1. To support a comprehensive tobacco control strategy that will significantly reduce tobacco use among youth and adults. Programs may include, but not be limited to, those that address cessation of tobacco use, support and facilitation of the adoption and enforcement of tobacco control laws, and prevention and health promotion activities that encourage tobacco-free environments and practices.
2. To increase funding for programs that:
a. Promote access and reduce barriers to assure quality healthcare.
b. Promote healthy lifestyles through prevention and education.
c. Reduce the abuse of alcohol, tobacco and other addictive substances.
d. Improve mental health services and the integration of tobacco cessation into mental health treatment programs.
e. Significantly reduce violence and abuse.
f. Reduce the incidence of chronic and infectious diseases.
g. Improve the health status indicators of vulnerable populations.
h. Minimize disparities in health status.
3. To support health related programs that leverage funding from other sources.
4. To use funds to supplement and not replace existing healthcare revenue.
5. Programs and services shall demonstrate effectiveness through evaluation of outcomes.
a. Programs shall incorporate "best practices" that have been proven to be cost- effective and efficient.
b. Innovative programs may be funded, providing there are plans for evaluation of outcomes.
(c) Internal Revenue Code Compliance. All expenditures must comply with the Internal Revenue Code and its implementing regulations as needed to maintain the exemption from federal income taxation on the interest payments on the bonds issued by the Authority.
(Added by Ord. No. 9384 (N.S.), effective 10-25-01; amended by Ord. No. 9522 (N.S.), effective 1-9-03; amended by Ord. No. 10430 (N.S.), effective 6-21-16; amended by Ord. No. 10431 (N.S.), effective 7-28-16; amended by Ord. No. 10454 (N.S.), effective 2-9-17; amended by Ord. No. 10689 (N.S.), effective 12-17-20)
There is hereby established the Innovative Housing Trust Fund ("Trust Fund") to be administered by the Agency Director. Expenses incident to the evaluation, acquisition, sale, leasing, improving, subsidizing, construction, or otherwise fostering the creation, rehabilitation, or improvement of affordable housing for persons with low incomes, or permanent or transitional housing for homeless persons or persons at risk of homelessness, may be paid for from this Trust Fund. The funds held in the Trust Fund shall not be used or budgeted other than for the purposes set forth in this section. The following costs that are related or incidental to the functions and responsibilities listed above that may be paid for from the Trust Fund include:
(a) Procurement of necessary services and supplies directly related to the creation, rehabilitation, or improvement of an affordable housing development;
(b) Payment for permits or other regulatory fees and fines;
(c) Providing loans, at or below market rate, for affordable housing developments, credit enhancement opportunities, or the repayment of loans;
(d) Acquisition, improvement, or rehabilitation of real property, or improvements thereon;
(e) Construction of major or minor facilities; and
(f) Procurement of technological studies, inspections, environmental reviews and site management services.
When evaluating projects to be funded by the Trust Fund, preference may be given to those projects designed to serve special needs populations including, but not limited to, low income persons experiencing homelessness, those at risk of homelessness, veterans, persons with disabilities, seniors, transitional age youth, and families, or as reflected in the County of San Diego Consortium Consolidated Plan, as it may be amended from time to time.
Preferences may be given for projects which include units dedicated to house people with a serious mental illness, as part of Project One for All, and people who are enrolled in Whole Person Wellness.
Preference should also be given to projects that leverage other forms of resources, including capital financing, housing subsidies and complementary support services.
Preference shall be given for projects located in the unincorporated area of the County of San Diego.
Consistent with the requirements and limitations in this Section and subject to the approval and request of the Director, the Director of the Department of Purchasing and Contracting is authorized to contract with the San Diego Housing Commission to carry out the purposes of this Section.
This Trust Fund shall survive for a period of no less than five (5) years. The adequacy of the Trust Fund with respect to the need for affordable housing, both during and beyond the initial five (5) year period, shall be reassessed and the information presented to the Board at least once every five (5) years. Monies from this fund shall be invested by the County Treasurer such that earnings are consistent with prudent investment practices and all earnings accrue to the Trust Fund. Monies from this Trust Fund may be loaned to any of the County family of funds for a period not to exceed 180 days with interest to accrue at the higher of the Treasurer's pool rate or the overnight investment rate.
(Added by Ord. No. 10498 (N.S.), effective 11-9-17; amended by Ord. No. 10614 (N.S.), effective 7-25-19)
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