Loading...
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