HomeMy WebLinkAbout1986-09-23; City Council; 8764; Support Proposition A Sales Tax for JailsI
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RECOMMENDED ACTION:
SUPPORT PROPOSITION A
SALES TAX FOR JAILS
DEPT. HD...;_
CITY ATTY
Ci T 'NIG.n.,_-
If desired, adopt Resolution No. supporting Proposition
A which would levy a 1/2 cent sales tax for five years for
construction of jails and courtrooms.
ITEM EXPLANATION:
The County Board of Supervisors has placed Proposition A on
the ballot. This measure would levy a 1/2 cent retail sales
tax for five years to raise $375 million for construction
of jails and courtrooms.
There is a clear need for the facilities as documented in
the County report. The project would benefit the citizens
of Carlsbad by providing improved criminal justice facilities.
EXHIBITS:
Letter from County Supervisor George F. Bailey, urging
support of Proposition A.
2 . V"Resolut ion No. —EZ-0-14.
3.v Resolution from County Board of Supervisors placing a
1/2 cent sales tax increase on the November 4, 1986 ballot
for the construction of new jail facilities.
101 West Broadway, Suite 1600
San Diego, CA 92101
(619) 238.2333, 238.2334
Honorary Coahairs
Clair Burgener
Norma Phillips
Lionel Vandeerlin
CampaiAll Committee
Supervisor -George Bailev
Supervisor Brian Bilbray
Supervisor Leon Williams
Chief Bill Kolender
Sheriff.lohn Duffy
Chief �'ineent.limno
Andre Ilenderson
Lee Grissom
Dorothy 1Bgdal
Greg Cox
l.ee Thihadeau
Clyde Romney
John .MeDonald
Wadic Deddeh
F,rnic Cowan
Treasurer
Robert Miller,,Ie
A
Taxpayers Against Grime
September lo, 1986
Honorable Mary H. Casler
Mayor, City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92 08
Dear Mayor xr:�
The San Diego County Board of Supervisors has
voted to place a one half cent ($o.005) sales tax
increase on the November 4, 1986 ballot to
the construction of new pay for
Juvenile hall beds and court roon h Given the
ms onor cam,
urgent need for these facilities, I am requesting
the City of Carlsbadts support of Proposition Athe
San Diego County Regional Justice Facilities Fina,
ncing
Proposition"
This need is real! Police officers and deputies
are frustrated when the criminals they arrest are
too often back on the streets because the County has
no room in the jails. The public is demanding more
Police officers, tougher judges and stricter laws
which increases the demand on these overcrowded
facilities.
Lawsuits, similar to the one which forced a reduction
in the population at the downtown jail, are threatened
for the overcrowded East County, South County, and
Vista detention facilities. This will force the
courts and Sheriff to allow even more accused criminals
back on the streets and encourage the early release
of those serving time. The streets are becoming our
Jails, endangering the lives of every man, woman and
child in the County.
Courtrooms and court related space are also needed
to process increasing numbers of criminal cases and
prevent an even greater backlog on the civil calendar.
The County projects a demand for 58 additional
Judicial positions by 1995 and 37 more by the year
2005. Delays in prosecuting criminals due to a lack
Of courtrooms will place further pressure on the
detention facilities.
EXHIBIT 1
2
The ballot proposition includes several basic stipulations
including, a five year sunset clause and a requirement that
the revenue be used only for acquisition and construction
and not administration. An extension of the sales tax
beyond five years would require another 2/3 vote of the
electorate. I have attached a copy of the ballot language
(Attachment A) for your review and information.
The sales tax will raise an estimated $375.0 million in
five years. I have attached a list of the regional justice
facility needs (Attachment B) for your information and review.
I have also attached a draft resolution (Attachment C)
for your convenience. Either a representative of "Taxpayers
Against Crime" or I can be available when this issue is
discussed by your Council. Should you have further questions,
please contact me. I look forward to your support.
sincerely,
eor,�eF. Bailey
Supervisor
Second District
GB:ca
Attachments
N
I " RESOLUTION NO. 0004 '
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CARLSBAD, CALIFORNIA, IN SUPPORT OF PROPOSITION A, (REGIONAL
3 JUSTICE FINANCING ORDINANCE).
4 WHEREAS, the protection of health, safety and welfare is
5 the responsibility of every elected official; and
6 WHEREAS, over 2,000 suspected criminals in San Diego County
7 are arrested and then released without booking because of lack
8 of jail space; and
9 WHEREAS, the insufficient court space causes delays in prose-
10 cuting criminals and impacts innocent residents who must wait months
11 and months for a judge to resolve civil matters; and t
12, WHEREAS, the public demand for additional police and deputies
13 places further demands upon the already chronically overcrowded
14 courts and jails; and
15 WHEREAS, the streets of San Diego County have become our jails;
16 and
17 WHEREAS, Proposition A will add a 1/2 cent sales tax for
18 five years to raise over $375 million for the construction and
191acquisition of detention facilities and courtrooms and meet San
20 Diego County's justice facilities needs until the year 2005.
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1 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
2 City of Carlsbad, California, as follows:
3 1. That the above recitations are true and correct.
4 2. That the City Council supports the passage of Proposition
5 A, the San Diego County Regional Justice Facilities Financing
6 Ordinance.
7 PASSED, APPROVED AND ADOPTED at a regular meeting of the City
8 Council of the City of Carlsbad, California, held on 23rd day
9 of September, 1986 by the following, vote to wit:
10 AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
11 NOES: None
12 ABSENT: None
13
MARY H. CASLER, Mayor
14� ATTECT: e
15 j& , 7C
ALETHA L. RAUTENKRANZ, City Cierk
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EXHIBIT A to
—RES0LUTION NO. 8soY
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' 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 motica of Supervisor I , 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 follows:
SAN DIEGO COUNTY REGIONAL JUSTICE
FACILITIES FINANCING ORDINANCE AND
AN 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
YES
not to exceed five years to be used
solely for the purposes of improving,
expanding, constructing or acquiring
sites for regional justice facilities
to the extent state or federal funds
NO
are not made available to the County
of San Diego specifically, for such
purposes, and (2) 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?
3. The special election called by this resolution to be held
in the County of San Diego on November 4, 19860, shall be and is
hereby ordered consolidated with the Qeneral election to be held on
EXHIBIT 3
said date, pursuant to chapter 4 (commencing at S 23300), part 2,
division 12 of.the Elections Code;
44: Within the County of San Diego the election precincts,
polling places 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 lv, 1986.
PASSED AND ADOPTED by the Board of Supervisors of the County of
San Diego, State of California, this day of July, 1986, by
the following vote:
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ORDINANCE NO. (NEW SERIES)
AN ORDINANCE ADDING CHAPTER 1.5
,COMMENCING WITH S 22.150) TO DIVISION 2
OF THE SAN DIEGO COUNTY CODE OF REGULATORY
ORDIYANCES RELATING TO THE FINANCING OF REGIONAL
JUSTICE FACILITIES, IMPOSING A COUNTYWIDE TRANSACTIONS
AND USE TAX, AND INCREASING THE COUNTY
CONSTITUTIONAL APPROPRIATIONS LIMIT
The BC.. . cA 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
follows:
CHAPTER 1.5
SAN DIEGO COUNTY REGIONAL JUSTICE t
C 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
t people of the County of San Diego in order to promote their health,
safaty 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 appropriation; 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 date 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 la-�!al sales tax or transactions and use tax.
(b) The proceeds of.the tax imposed by this ordinance shall be
deposited into the San Diego County Regional Justice Facilities
Financing Fund and its uses shall include, but not be limited to:
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(1) site acquisition, capital acquisition, construction, reconstruc-
tion, expansion, improvement, maintenance and financing of regional
justice facilities; (2) 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, aesign 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 41 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, 19871 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
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�funds have been generated b the tax or -other revenues evenues to solve the
need for regional 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 transactioy,a 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 of 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.
(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.
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Sec. 22.157. SEVERABILITY.
If an section
Y , 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:
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LOYD M. HARMON, JR.
County Counsel
DATED: July 1, 1986
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TABLE. VI
Attachment B
-ESTINATED•CAPITAL AND DEBT
DETENTION FACILITIES
SERVICE COSTS
FOR PROPOSED COURTHOUSE AND
MI •L N
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Cost
Annual Debt Service
Replacement
Camp San Jose
$ 16.5
$ 2.3
Pre -Arraignment
50.0
7.2
Detention Facilities
Downtown Courthouse
117.8
16.2
Expansion
Downtown Courthouse
18.2
2.5
Parking Structure
North County Courthouse
93.0
12.8
Expansion
t
E1 Cajon Regional Center
70.0
9.6
Expansion
South Bay Regional Center
47.0
6.8
Expansion
J
uveni a Hail Expansion 7.4 _ 1.0
$ 419.9 $ 58.1
The projected cost of $419.9 million does not include 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. This will cost $2.4 million in maintenance costs using 1986
dollars.
The implication of this information is as follows:
-.The amount of debt service for projected facilities goes well beyond the
adopted Capital Improvement guidelines for committing the growth in
existing sources of revenue. New revenue sources must be found to fund
forecast needs.
- 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.
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