HomeMy WebLinkAbout2001-367
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RESOLUTION NO. 2001-367
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO MAKING CERTAIN FINDINGS REGARDING, AND SUPPORTING
3 THE CONSTRUCTION AND OPERATION OF, A NEW MULTIPLEX COURTHOUSE
IN DOWNTOWN SAN BERNARDINO.
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5 WHEREAS, the Mayor and Common Council of the City of San Bernardino find that
6 several seismic studies have been commissioned regarding the San Bernardino County Central
7 Courthouse; and,
8 WHEREAS, the studies have generally found that the performance of the 1926
9 constructed Central Courthouse in a major earthquake (magnitude 8.0 and greater) is expected to
lobe extremely poor, that the seismic performance during a moderate earthquake is expected to be
11 questionable to poor, and that during a minor earthquake (magnitude 5.0 and below), the
12 Courthouse is expected to be damaged but repairable; and,
13 WHEREAS, the Mayor and Common Council of the City of San Bernardino allocated
14 $100,000.00 towa"ds the cost of the Final Report for the San Bernardino County Court System
15 Needs Assessment/Program Statement and Consolidated Courts Master Plan prepared by the
16 Rosser/Carter Goble Team (the "Rosser Report"); and,
17 WHEREAS, the Mayor and Common Council of the City of San Bernardino find that
18 the Central Courthouse is inadequate and cannot accommodate the needs of our growing
19 community and the resulting need for more judicial services in the county seat; and,
2 0 WHEREAS, the Mayor and Common Council of the City of San Bernardino authorized
21 emergency expenditures of$300,000.00 for additional courtrooms in the present Courthouse Annex
22 which will still not meet current and projected needs; and
23 WHEREAS, the most recent study of judicial needs has San Bernardino County slated
24 for 20 to 22 new judgeships by 2006; and,
25 WHEREAS, the total number of filings in the Central Courthouse in 1996-97 was
26 114,942; and,
27 WHEREAS, the projected number of filings for 2010 is 166,975; and,
28 WHEREAS, the projected number of filings for 2020 is 204,498; and,
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December 3, 2001
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2001-367
1
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO MAKING CERTAIN FINDINGS REGARDING, AND SUPPORTING
THE CONSTRUCTION AND OPERATION OF, A NEW MULTIPLEX COURTHOUSE
IN DOWNTOWN SAN BERNARDINO.
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4 WHEREAS, there are not now, nor will there be, enough courtrooms to match the
5 community's projected increased needs; and,
6 WHEREAS, with the advent of additional new judges over the next 5-10 years, there will
7 not be any courtrooms available to house the new judges; and,
8 WHEREAS, as the judicial demand increases, so does the demand for related staff
9 members who cannot be housed in the current Courthouse; and,
10 WHEREAS, auxiliary agencies would also be able to be housed in a new multiplex
11 Courthouse thereby increasing efficiency in their service to the community; and,
12 WHEREAS, the Mayor and Common Council of the City of San Bernardino also find
13 that even if the structural problems did not exist, the 1926 Courthouse is no longer a safe building
14 for criminal trials; and,
15 WHEREAS, the current Courthouse is unsafe because there is no central location for
16 security screening, and the ability to separate prisoners from victims, witnesses, jurors, staff, and
17 the public is virtually non-existent; and,
18 WHEREAS, not all of the courtrooms have safety measures regarding the in-custody
19 criminal defendants, and, subsequently, the movement of inmates cannot always be separated from
20 the victims, witnesses, jurors, staff, and the public; and,
21 WHEREAS, a new Courthouse would incorporate the latest security advances to protect
22 the public, victims, witnesses, jurors, judges, staff, and prisoners; and,
23 WHEREAS, the Mayor and Common Council of the City of San Bernardino find that
24 the lack of space in the current Courthouse does not allow for auxiliary and support agencies to be
25 housed together, and, therefore, such agencies are spread throughout the community; and,
26 III
27 III
28 III
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December 3, 2001
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2001-367
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO MAKING CERTAIN FINDINGS REGARDING, AND SUPPORTING
2 THE CONSTRUCTION AND OPERATION OF, A NEW MULTIPLEX COURTHOUSE
IN DOWNTOWN SAN BERNARDINO.
3
4 WHEREAS, the construction of a new multiplex Courthouse would provide adequate
5 space not only for judges, but for the District Attorney, the Public Defender, Probation Services,
6 and Court Administration to better provide efficiency, economies of scale, court services, and
7 access for the community; and,
8 WHEREAS, the Mayor and Common Council of the City of San Bernardino find that,
9 although the retrofitting of the current Courthouse is necessary to preserve a building of significant
10 historical value, the retrofitting of the current Courthouse before building a new multiplex
11 Courthouse would be ineffective and insufficient to meet the needs of the community; and,
12 WHEREAS, retrofitting the current Courthouse would only solve the seismic problem
13 and not the problems regarding the lack of space for the public and the housing of additional
14 judicial officers and their staff (in 1998, an estimated 2,651 people per day came to the Central
15 Courthouse), the housing of auxiliary agencies to better serve the public, and the incorporation of
16 the best security measures; and,
17 WHEREAS, the Economic Development Agency for the City of San Bernardino has
18 been directed to obtain the property located at the south-east comer of Third Street and Arrowhead
19 Avenue, which consists of approximately 7.26 acres, so that the property can be donated for the
20 construction of a new multiplex Central Courthouse; and
21 WHEREAS, the Mayor and Common Council support the construction and operation
22 of a new multiplex Central Courthouse in downtown San Bernardino to meet the increased
23 requirement for additional judgeships, to improve security, to take advantage of technological and
24 architectural advances, to improve efficiency, to increase judicial and public safety by improving
25 the method of prisoner transportation, and to improve and expand public access to judicial services
26 by housing auxiliary agencies in one facility thereby increasing the economies of scale, as well as
27 the eventual retrofit and replacement of facilities that are seismically unsafe to preserve the
28 historical components of the 1926 Central Courthouse;
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December 3, 2001
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2001-367
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO MAKING CERTAIN FINDINGS REGARDING, AND SUPPORTING
2 THE CONSTRUCTION AND OPERATION OF, A NEW MULTIPLEX COURTHOUSE
IN DOWNTOWN SAN BERNARDINO,
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4 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
5 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. That the Board of Supervisors for the County of San Bernardino be
7 requested to revisit the February 1999 Final Report for the San Bernardino County Court System
8 Needs Assessment/Program Statement and Consolidated Courts Master Plan prepared by the
9 Rosser/Carter Goble Team (at a cost to taxpayers of $500,000.00) and commence the process of
10 constructing a new County Courthouse by allocating sufficient funds for that purpose, commencing
11 with a Request for Proposals for the appropriate architectural and engineering plans from which
12 a new Courthouse may be constructed sufficient to accommodate the judicial needs of the County,
13 Court Administration, District Attorney, Public Defender, and Probation Services for this century.
14 SECTION 2. That the Board of Supervisors be requested to instruct the County lobbyists
15 to work with our State Legislators and Congressional Representatives to secure such funding as
16 may be available from Federal and State governments to assist in the funding for the construction
17 of a new multiplex Courthouse in the City of San Bernardino, the County Seat of San Bernardino
18
County.
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2001-367
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO MAKING CERTAIN FINDINGS REGARDING, AND SUPPORTING
2 THE CONSTRUCTION AND OPERATION OF, A NEW MULTIPLEX COURTHOUSE
IN DOWNTOWN SAN BERNARDINO.
3
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a i oint reg. meeting thereof, held on the
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3rd
day of December, 2001, by the following vote, to wit:
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Q~h.~
Rachel G. Clark, City Clerk
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The foregoing Resolution is hereby approved this 5th
day of Decembef200L
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J~PJ'rH V ALLES, Mayor
tt,t:; of San Bernardino
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21 Approved as to
form and legal content:
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JAMES F. PENMAN,
City Attorney
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By:LM }.~
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December 3,2001