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HomeMy WebLinkAbout1986-09-23; City Council; Resolution 88043. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 le 19 2c 21 22 21 24 25 26 27 2e RESOLUTION NO. 8804 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CARLSBAD, CALIFORNIA, IN SUPPORT OF PROPOSITION A, (REGIONAL JUSTICE FINANCING ORDINANCE). WHEREAS, the protection of health, safety and welfare is ;he responsibility of every elected official; and WHEREAS, over 2,000 suspected criminals in San Diego County tre arrested and then released without booking because of lack )f jail space; and WHEREAS, the insufficient court space causes delays in prose- :uting criminals and impacts innocent residents who must wait months ind months for a judge to resolve civil matters; and WHEREAS, the public demand for additional police and deputies )laces further demands upon the already chronically overcrowded :ourts and jails; and WHEREAS, the streets of San Diego County have become ourjails tn d WHEREAS, Proposition A will add a 112 cent sales tax for €ive years to raise over $375 million for the construction and Lcquisition of detention facilities and courtrooms and meet San liego County's justice facilities needs until the year 2005. I// I// I// I// I// /I/ I// /I/ L 1 2 3 4 9 10 11 12 13 14 15 16 17 1E 15 2c 21 24 2: 2E 27 2E NOW, THEREFORE, BE IT RESOLVED, by the City Council of the Zity of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City Council supports the passage of Proposition A, the San Diego County Regional Justice Facilities Financing Ordinance. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on 23rd day of September, 1986 by the following vote to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: None ATTEST : 6d-L MARY H.I/CASLER, Mayor a&AL A.U ALETHA L. RAUTENKRANZ, City Qerk e 3 EXHIBIT A to TZESOLUTION NO. 88Ofl i a RESOLUTION CALLING A SPECIAL ELECTION ON NOVEMBER 4, 1986, FOR THE PURPOSE OF PROPOSING A SPECIAL TAX FOR REGIONAL JUSTICE FACILITIES, AND INCREASING APPROPRIATION LIMIT OF THE COUNTY OF SAN DIEGO, SPECIFYING FORM OF BALLOT AND ORDERING CONSOLIDATION OF SPECIAL ELECTION WITH GENERAL ELECTION On motion of Supervisor , seconded by Supervisor , the following resolution is adopted: It is ordered by the Board of Supervisors of the County of San Diego as follows: 1. The Board of Supervisors of the County of San Diego calls a special election to be held on November 4, 1986 for the purpose of submitting to the qualified electors of the County of San Diego for ratification or rejection (1) an ordinance imposing a special tax for the purpose of improving, expanding or constructing regional justice facilities, and (2) an increase in the appropriation limit of the County of San Diego in the amount of the special tax to be collected; 2. The Registrar of Voters of the County of San Diego cause to be printed upon the official ballot to be used at said special election, the proposition as foll'ows: SAN DIEGO COUNTY REGIONAL JUSTICE FACILITIES FINANCING ORDINANCE AND AM INCREASE IN THE APPROPRIATION LIMIT OF THE COUNTY OF SAN DIEGO Shall approval be given to (1) an ordinance of the County of San Diego imposing a one-half of one percent transactions and use tax for a term not to exceed five years to be used solely for the purposes of improving, expanding, constructing or acquiring sites for regionai just ice facilities to the extent state or federal funds are not made available to the County of San Diego specifically for such purposes, and (2 1 an increase in the appropriation limit of the County of San Diego in the amount equal to the amount of such tax to be collected? YES NO 3. The special election called by this resolution to be held in the County of San Diego on November 4, 1986, shall be and is hereby ordered consolidated with the general election to be held on EXHIBIT 3 A. . .. t 3 said date, pursuant to chapter 4 (commencing at § 233001, part 2, division 12 of the Elections Code; I 4~ Within the County of San Diego the election precincts, polling placI=s therein and precinct board members and election officers for each such precinct for the special election shall be the same as those provided for the general election to be held November 4, 1986, and said election shall be held in all respects as if there were only one election, only one form of ballot shall be used; the returns canvassed and the results declared in the same manner as required by law for general elections, and the election shall be held in the manner specified in Elections Code section 23314 as an election consolidated with a statewide election; 5. For the purposes of such consolidation, the proposition (which may be abbreviated on the ballot pursuant to Elections Code section 10327) shall appear on the ballot substantially as set forth in this resolution; 6. The Registrar of Voters shall publish a notice of election, no later than 50 days before the election, in a newspaper of general circulation once within the County of San Diego. The notice shall contain a statement of the date of the election, the purpose of the election and the hours the polls are to be open; 7. The Registrar of Voters shall cause a sample ballot and the complete text of the Ordinance imposing the special tax proposed herein to be printed and mailed at least ten days prior to said election to each qualified elector of the County. IT IS FURTHER ORDERED that the Clerk of this Board shall forth- with cause a certified copy of this resolution to be forwarded to and filed with the Registrar of Voters no later than July 10, 1986. San Diego, State of California, this day of July, 1986, by the following vote: PASSED AND ADOPTED by the Board of Supervisors of the County of .. r -2- 7 >. , ORDINANCE NO . (NEW SERIES) AN ORDINANCE ADDING CHAPTER 1,s (COMMENCING WITH S 22.150) TO DIVISION 2 OF TKE SAN DIEGO COUNTY CODE OF REGULATORY ORDI??ANCES RELATING TO T€E FINANCING OF REGIONAL *” JUSTICE FACILITIES, IMPOSING A COUNTYWIDE TRANSACTIONS AND USE TAX, AND INCREASING TRE COUNTY CONSTITUTIONAL APPROPRIATIONS LXMIT The Board of Supervisors of the County of San Diego ordains as follows : Section 1. Chapter 1.5 (commencing with section 22.150) is hereby added to the County Code of Regulatory Ordinances to read as f 01 lows : CHAPTER 1.5 SAN DIEGO COUNTY REGIONAL JUSTICE FACILITIES FINANCING ORDINANCE Sec. 22.150. PURPOSE AND INTENT. The County of San Diego as a regional government is required to provide justice facilities such as courts and jails for all the people of the County of San Diego in order to promote their health, safety and welfare. The purposes of this ordinance are to impose a one-half of one percent (1/2%) countywide retail transactions and use tax, limit the collection of such tax to the absence of state or federal funding for the same purposes, establish the duration of such tax, and increase the constitutional appropriations limit for the County of San Diego. Sec. 22.151. COUNTYWIDE TRANSACTIONS AND USE TAX. (a) In addition to any other taxes authorized by law, on the operative kte of this ordinance there is hereby imposed in the incorporated and unincorporated territory of the County of San Diego, in accordance with chapter 13.5 (commencing with S 26250) of part 2 of division 2, of title 3 of the Government Code and part 1.6 (commencing with S 7251) of division 2 of the Revenue and Taxation Code, a retail transactions and use tax at the rate of one-half of one percent (1/2%) in addition to any existing or future authorized state or local sales tax or transactions and use tax. (b) deposited Financing 3 The proceeds of the tax imposed by this ordinance shall be into the San Diego County Regional Justice Facilities Fund and its uses shall include, but not be limited to: I .. (1) site acquisition, capital acquisition, construction, reconstruc- tion, expansion, improvement, maintenance and financing of regional justice: facilities; (2 1 the administration and implementation of this chapter, including costs of legal proceedings relating to this ordinance; and (3) costs related to planning, environmental review, engineering, 2esign and right-of-way acquisition of any regional justice facility. The proceeds of the tax shall not be used for the operation of any regional justice facilities. (c) For purposes of this ordinance, the term "regional justice facilities" shall include, but not be limited to, jails; women's centers; juvenile halls; or any other type of detention facility for the confinement of persons accused, convicted or sentenced regarding a criminal offense; and courts or courtrooms. (d) The County of San Diego shall contract with the State Board of Equalization to perform all functions incident to the administration and operation of this ordinance, including the collection of the additional tax imposed by this ordinance. (e) The proceeds of the tax deposited into the San Diego County Regional Justice Facilities Financing Fund shall be used in accordance with the San Diego County Regional Justice Facilities Plan adopted, and as may be amended from time to time, by the Board of Supervisors. The Board of Supervisors shall utilize such proceeds in accordance with the following priority: (1) Federal or state funds made available to the County of San Diego specifically for financing regional justice facilities subject to the Plan; (2) Proceeds of the tax imposed by this Ordinance. Sec. 22.152. EFFECTIVE AND OPERATIVE DATES. This Ordinance shall become effective on November 4, 1986 only if two-thirds (2/3) of the electors voting on the measure at the election held on November 4, 1986 vote to approve the ordinance. If so approved, the provisions of this ordinance shall become operative on, and the taxes authorized by this ordinance shall be imposed commencing on April 1, 1987, the first day of the first calendar quarter commencing more than 120 days after November 4, 1986. Sec. 22.153. DURATION OF TAX. The provisions of this ordinance shall no longer be of any force and effect, on or after five (5) years following its operative date, unless extended by a vote of two-thirds (2/3) of the electors voting at an election called for that purpose by the Board of Supervisors; or unless earlier repealed by the Board of Supervisors based upon a finding by the 'Board of Supervisors that sufficient -2- 9 1- . . I., .. . funds have been generated by the tax or ‘other revenues to solve the need for, r-egional justice facilities in the County of San Diego. Sec. 22.154. IMPLEMENTING ORDINANCES. Upon approval of this ordinance by the voters, the Board of Supervisors shall enact such other ordinances and take such other actions as may be necessary for the implementation of this ordinance and the collection of the one-half of one percent (1/2%) trans- actions and use tax authorized by this ordinance. Sec. 22.155. INCREASE IN APPROPRIATIONS LIMIT. The appropriations limit imposed on San Diego County by Article XIIIB of the California Constitution is hereby increased by the amount of taxes generated by the transactions and use tax imposed by this ordinance, for the next four fiscal years following the opera- tive date of this ordinance. Sec. 22.156. AMENDMENTS. This ordinance may be amended or repealed by either of the procedures set forth in this section. If any portion of subdivision (a) is declared invalid, then sudivision (b) shall be the exclusive means of amending or repealing this ordinance. (a) This ordinance may be amended or repealed to further its purposes by ordinance, passed by roll-call vote entered in the minutes, four-fifths of the Board concurring, if at least 20 days prior to passage, the ordinance as proposed has been publicly noticed in a newspaper of general circulation within the County of San Diego. I (b) This ordinance may be amended or repealed by an ordinance that becomes effective only when approved by the electors at a special election called by the Board of Supervisors for such purpose. Sec. 22.157. SEVERABILITY. If any section, part, clause or phrase of this ordinance is for any reason held invalid or unconstitutional, the remaining portions shall not be affected but shall remain in full force and effect. APPROVED AS TO FORM AND LEGALITY: h 3 ~LOYD M. HARMON, JR. County Counsel DATED: July 1, 1986 -3- Attachment B .. TABLE VI . ESTIMATED CAPITAL AND DEBT SERVICE COSTS FOR PROPOSED COURTHOUSE AND DETENTION FACILITIES (MILLIONS OF D OLLARS, TIMING 1990 Rep1 acement Camp San Jose Pre-Arraignment Detention Facilities Down town Courthouse Ex pans i on Down town Courthouse Parking Structure North County Courthouse Ex pans ion El Cajon Regional Center Ex pans i on South Bay Regional Center Ex pans ion Juveni 1 e Hal 1 Expans ion cost $ 16.5 - 50.0 117.8 18.2 93.0 70.0 47.0 7.4 $ 419.9 Annual Debt Service $ 2.3 7.2 16.2 2.5 12.8 9.6 6.5 1 .o $ 58.1 The projected cost of $419.9 mi lion does not ,,iclude operational costs for maintenance, utilities, staffing, etc. For example, early estimates for the Vista jail expansion indicates a staffing cost of $3.5 million. The cost for maintenance provides another example. The total additional space required for the three regional centers and downtown courthouse is 851,082 NSF. dol 1 ars . This will cost $2.4 million in maintenance costs using 1986 The implication of this information is as follows: -.The mount of debt service for projected facilities goes well beyond the adopted Capital Improvement guide1 ines for committing the growth in existing sources of revenue. forecast needs. New revenue sources must be found to fund - Operational program impact must be taken into account when considering funding of new capital facilities. This would include new sources of revenue which are committed to capital programs rather than providing new County services or expanding the current level of service. The next section will focus on which potential sources of revenue are, or could be available. -17-