HomeMy WebLinkAbout33-City Administrator
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: March 11, 2002
Synopsis of Previous Council Action:
Subject: A RESOLUTION OF THE
MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO :"
SUPPORTING AB 2022 (LONGVILLE)-
COURTHOUSE CONSTRUCTION
FUNDING.
From: Fred Wilson, City Administrator
Dept: City Administrator's Office
None
Recommended motion:
Adopt resolution.
Contact person:
Lori Sassoon
Phone: Ext. 5122
Supporting data attached: Staff report and resolution
Ward: I .
FUNDING REQUIREMENTS: Amount: None
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
\2.t""~
d60;; -q"':,
Agenda Item No.
Ro. 3.3
3/IK!/J(Y
STAFF REPORT
Subiect:
Resolution of the Mayor and Common Council supporting AB 2022 (Longville) -
Courthouse Construction Funding
Backl!round:
In 1996, an engineering study of the San Bernardino County Central Courthouse
determined that the seismic retrofit of the building is necessary to ensure public safety in
the event of an earthquake. In previous action, the Mayor and Common Council have
expressed strong support for the construction of a new multiplex courthouse in downtown
San Bernardino and the need to retrofit the current central courthouse to preserve its
historical components.
In order to provide funds for the necessary courthouse construction and/or retrofitting,
Senator Joe Baca sponsored SB 35 in 1999, which established a $35 surcharge on filing
fees for certain civil complaints. The fee is applicable in cases which have at controversy
more than $25,000. According to the County, the surcharge generates approximately
$900,000 annually, and to date has raised a total of $1.6 million. Federal grant funding in
the amount of $5 million has also been obtained, for a total of $6.6 million available for
the project. The total cost for the seismic retrofit is estimated by the County to be $11.7
million.
Assembly Member John Longville has introduced AB 2022. This bill would authorize
the County of San Bernardino to impose a fee of up to $35 on certain other types of
filings. The County estimates that AB 2022 could result in an additional $1.1 million
annually for the Courthouse Construction Fund, bringing the total funding to $2 million
annually. These fees would be deposited into the County's Courthouse Construction
Fund, and could only be used to retrofit the existing courthouse and/or construct a new
courthouse building. The fee would only be collected until the costs for that project are
recouped.
At its meeting of February 28, 2002, the Legislative Task Force of the Inland Empire
Division of the League of California Cities voted to support AB 2022. The Task Force
also requested that each city in the division adopt a resolution in support of the bill.
Financial Impact:
The County estimates that AB 2022 could result in an additional $1.1 million annually
for the Courthouse Construction Fund.
Recommendation:
It is recommended that the Mayor and Common Council adopt the resolution in support
of AB 2022.
~
CALIFORNIA LEGISLATURE-2001-Q2 REGULAR SESSION
ASSEMBLY BILL
No. 2022
Introduced by Assembly Member LongvilIe
February IS, 2002
An act to add Section 76236 to, and to repeal Section 26826.4 of, the
Government Code, relating to courthouse construction.
LEGlSUJIVE COUNSEL'S DIGEST
AB 2022, as introduced, LongviIle. Courthouse construction:
filing fee surcharges.
Existing law authorizes San Bernardino County to impose a
surcharge on certain filing fees, except in limited civil cases, for
purposes of funding its Courthouse Construction Fund.
This biIl would eliminate the exception applicable to limited civil
cases and authorize specific uses of the county's Courthouse
Construction Fund. The biIl would also make technical, nonsubstantive
changes.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact asfollows:
I SECTION 1. Section 26826.4 of the Government Code is
2 repealed.
3 26826.1. In adtliaeft te the tetlll filiftg fce IlIl!hefized ptlfSHtlRt
4 te 8eetieft 213829.1, 26826, 6f 26827, &fter gi"{iRg lUJtiee and
5 heldiftg R pttblie hear'.ng eft the flftlpeSlll, the Beftl'd ef Sul'ervi3ers
6 af 881\ BeftUtftlina Cmmt} ffili) hl~83e a :mreharge Hat ta exeeed
7 thilty fiye del1RfS ($35) fer the filillg ill sapefler eelift, ether lflllft
99
I
AB 2022
-2-
1 iH a limited eivil ease, sf (8) 8 e81ftJ31aiftt, petitisn, 8f ather ftfst
2 pftJ'er ifi a eivil 6f "reBate aeaeR af Bf'seiall'leeeedittg, 8fl.d (h) a
3 fifst !laper ell. behfllf ef lIIl.Y sefoll.Sflftt, res!leftdell.t, iftter\'ell.er, er
4 stY. elSe patty. The Stlfehsrge shell Be iR ftfl 8fftffitftt aete:rmifted t8
5 be aeeeB:Utl) B) tfle 688::ft1 sf supervisels ta Btlpplemeftt t-he
6 Cel!l'ihellae CeftSlflIetiell. Ftms, te be depesites ill. t:ftttt fuflS IIftd
7 lISes selely fer the !llllfleaes lIii!herizes far eltflcftditures Hem t:hlIt
8 fimd, aDd 6eHeetiell. thereef shaIl terminttle llflell. repll)'fllCflt ef!he
9 Mflsftizea 8ests ifteHffes, af 39 ye8fs :&em the sale sf the h8fta,
10 ,Jtielle ter eee1:tfS first. 118\-,"6-/61, tile 3tJfeftarge shell Ret Etf3ply in
11 ift3ttlfteeS ill n kieh. He tiliBg fee is 8ftarged 6f die filiftg fee is
12 ';;ai",es.
13 SEe. 2. Section 76236 is added to the Government Code, to
14 read:
15 76236. In addition to the total filing fee authorized pursuant
16 to Section 26820.4, 26826, or 26827, after giving notice and
17 holding a public hearing on the proposal, the Board of Supervisors
18 of San Bernardino County may impose a surcharge not to exceed
19 thirty-five dollars ($35) for the filing in superior court of (a) a
20 complaint, petition, or other first paper in a civil or probate action
21 or special proceeding, and (b) a first paper on behalf of any
22 defendant, respondent, intervenor, or adverse party. The surcharge
23 shaIl be in an amount determined to be necessary by the board of
24 supervisors to supplement the Courthouse Construction Fund, to
25 be deposited in that fund and used solely for the purposes
26 authorized for expenditures from that fund, including, but not
27 limited to, earthquake retrofitting, renovation, and remodeling of
28 all portions of the Central San Bernardino Courthouse in need of
29 retrofitting, renovation, or remodeling, whether or not
30 necessitated by the retrofitting work, including the original
31 courthouse built in 1926 and all subsequent additions thereto, and
32 the construction of a new courthouse building, and collection
33 thereof shaIl terminate upon repayment of the amortized costs
34 incurred, or 30 years from the sale of the bond, whichever occurs
35 first. However, the surcharge shaIl not apply in instances in which
36 no filing fee is charged or the filing fee is waived.
o
99
I
AB 202,2Assembly Bill- INTRODUCED
http://www.leginfo.ca.gov/publbill...2022_bill_20020215_introduced.html
ATTACHMENT "A"
BILL NUMBER: AS 2022
BILL TEXT
INTRODUCED
INTRODUCED BY
Assembly Member Longville
FEBRUARY 15, 2002
An act to add Section 76236 to, and to repeal Section 26826.4 of,
the Government Code, relating to courthouse construction.
LEGISLATIVE COUNSEL'S DIGEST
AB 2022, as introduced, Longville. Courthouse construction:
filing fee surcharges.
Existing law authorizes San Bernardino County to impose a
surcharge on certain filing fees, except in limited civil cases, for
purposes of funding its Courthouse Construction Fund.
This bill would eliminate the exception applicable to limited
civil cases and authorize specific uses of the county's Courthouse
Construction Fund. The bill would also make technical,
nonsubstantive changes.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 26826.4 of the Government Code is repealed.
2€S2€.1. In aaait' sa to the total filin~ f:c 3uther~zod pursu~nt
te Section 26820.1, 26226, or 26827, after ~i7in~ aetiec aRa heldi~g
a ~uBlic flearifl~ SA the ~repeoal, tho Boara sf SB~er7i3ers sf San
Ccrn3.rciirH3 ::euflty may imfl8s8 a 81:lI'charge net te au-sces tfiirty fi".~c
dellars (~39) fer tho filing in superior 8auEt, ether than in 3.
limited ei7il GaGe, sf (a) a cemfllaiRt, ~ctitieR, BE ether first
p3.peE in a oi:i1 SF ~reEate astian SE 6~ecia1 ~rscccclin~, ana tEl ~
first ~a~er en acnalf ef any aefeneant, rcspsnacnt, inte=7eRsE, SE
ae7ersc pJrty. TEe sureBar~e shall be in an amsaRE determined te bc
nceess~EY by the saare sf s~~eE7i9sES ts sup~18ment the Csurtheusc
Cefl3tructisn FURa, te se aepssitca in tEat f~ne aRe usee ss181y fer
the fjl:ir136ses autherii!ea feE' E:Jt13eRaiEl:ir8S frem tEat funa, aRa
oslleetien thereat BRall terminate apeR repayment sf the amsrtieee
cest3 iRe~EE'ed, eE 39 ~ears frem the sale sf tte aene, trflieae7er
aasars fiFst. lIe',:e .~eE I the 8UrCA.aE~e shall Flat apply in instJnoc9 in
',:tieR ae filiFl~ fee is oflaE~cd er tae filiFl~ fee is ~:3.i~.~ea.
SEC. 2. Section 76236 is added to the Government Code, to read:
76236. In addition to the total filing fee authorized pursuant to
Section 26820.4, 26826, or 26827, after giving notice and holding a
public hearing on the proposal, the Board of Supervisors of San
Bernardino County may impose a surcharge not to exceed thirty-five
dollars 1$35) for the filing in superior court of (a) a complaint,
petition, or other first paper in a civil or probate action or
special proceeding, and (b) a first paper on behalf of any defendant,
respondent, intervenor, or adverse party. The surcharge shall be in
an amount determined to be necessary by the board of supervisors to
supplement the Courthouse Construction Fund, to be deposited in that
fund and used solely for the purposes authorized for expenditures
from that fund, including, but not limited to, earthquake
retrofitting, renovation, and remodeling of all portions of the
Central San Bernardino Courthouse in need of retrofitting,
lof2
03/06/2002 11 :07 AM
. AB 20~2Assembly Bill - INTRODUCED
hnp:/ /www.leginfo.ca.gov/publbill...2022_bill_20020215_introduced.html
renovation, or remodeling, whether or not necessitated by the
retrofitting work, including the original courthouse built in 1926
and all subsequent additions thereto, and the construction of a new
courthouse building, and collection thereof shall terminate upon
repayment of the amortized costs incurred, or 30 years from the sale
of the bond, whichever occurs first. However, the surcharge shall
not apply in instances in which no filing fee is charged or the
filing fee is waived.
20f2
03/06/2002 11 :07 AM
e
e
e
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
cr (r0 =:, \I, 7
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO SUPPORTING AB 2022 (LONGVILLE) - COURTHOUSE
CONSTRUCTION FUNDING
WHEREAS, the San Bernardino County Central Courthouse was built in 1926, and is a
building of significant importance to the history of the city of San Bernardino and the entire
County; and
WHEREAS, seismic studies have generally found that the performance of the 1926
constructed Central Courthouse in a major earthquake (magnitude 8.0 and greater) is expected
to be extremely poor, that the seismic performance during a moderate earthquake is expected to
be questionable to poor, and that during a minor earthquake (magnitude 5.0 and below), the
Courthouse is expected to be damaged but repairable; and,
WHEREAS, the Mayor and Common Council of the City of San Bernardino find that
the Central Courthouse is inadequate and cannot accommodate the needs of our growing
community and the resulting need for more judicial services in the county seat; and,
WHEREAS, the most recent study of judicial needs has San Bernardino County slated
for 20 to 22 new judgeships by 2006; and,
WHEREAS, there are not now nor will there be enough courtrooms to match the
community's projected increased needs; and,
WHEREAS, with the advent of additional new judges over the next 5-10 years, there
will not be any courtrooms available to house the new judges; and,
WHEREAS, as the judicial demand increases, so does the demand for related staff
members who cannot be housed in the current Courthouse; and,
WHEREAS, auxiliary agencies would also be able to be housed in a new multiplex
Courthouse thereby increasing efficiency in their service to the community; and,
WHEREAS, Assembly Member John Longville has introduced AB 2022, which will
expand the current filing fee surcharge of $35 to other types of court cases, thereby resulting in
additional revenue to the County's Courthouse Construction Fund;
NOW, THEREFORE, be it resolved, that the Mayor and Common Council of the City of San
Bernardino supports the passage of AB 2022 (Longville), and call upon the California
Legislature and Governor Davis to support this important legislation.
III
III
e
e
e
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1
2
3
4
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO SUPPORTING AB 2022 (LONGVILLE) - COURTHOUSE.
CONSTRUCTION FUNDING
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a meeting thereof, held on the
5 _day of
6
7
8
, 2002, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
LIEN
MCGINNIS
DERRY
SUAREZ
ANDERSON
MCCAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
2002.
Judith Valles, Mayor
City of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City A~orney
By: (h'l-NA -:;. fe",,-,~
o
'_-'-;:C'::::;"C;;:_:'";J'_~':O;,~"1J._",.._.~,,,,, .
>0.' '1't',~;r,O"';!~;:?;;~~11?~~'l..:..
."'~./,. ""C.'- .
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): ,')--1 ~OJ Item #
Vote: Ayes \-'1 Nays k
Change to motion to amend original documents;
2, -:>, Resolution # ;)tn;) - '13
Abstain A-- Absent B-
Reso. # On Attachments:
Contract term:
NullNoid After: -
Note on Resolution of Attachment stored separately: -=-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By:
Date Sent to Mayor: 6-1 q -a.?-
Date of Mayor's Signature; :s - ,x,-0 d
Date ofClerklCDC Signature: ,,:>o?\--()d
Reso. Log Updated;
Seal Impressed:
/
~
Date MemolLetter Sent for Signature;
-~-.
60 Day Reminder Letter Seiinllr39tk ~'Y'
90 Day Reminder Letter Sent on 45th day:
See Attached; Date Returned;
See Attached:
~ached;_
-
Request for Council Action & Staff Report Attached: Yes L
Updated Prior Resolutions (Other Than Below): Yes
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634); Yes
Updated CDC Personnel Folders (5557): Yes
Updated Traffic Folders (3985, 8234, 655, 92-389); Yes
No By
No L- By
No -L- By
No -L-.- By
NoL
Copies Distributed to:
City Attorney I
Parks & Rec.
Code Compliance
Dev. Services
EDA
Finance
MIS
Police Public Services
Water
Others; PDm In '
Notes:
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOT A TIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.)
Ready to File; ~ Date: #
Revised 01/12/01