HomeMy WebLinkAbout32-City Attorney
cITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN
City Attorney
Subject: Resolution ofthe 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
Ci~."", "'~ ;L
Dept: CITY ATTORNEY
Date: November 29, 2001
Synopsis of Previous Council action:
In 1995, the Mayor and Common Council I) Allocated $100,000 for the "Rosser Report"; 2) Authorized
EDA to acquire former Cal Trans Building at 3rd and Arrowhead A venue for transfer to the County for
a new Courthouse; 3) Mayor and Common Council authorized expenditures of $300,000 for additional
courtrooms in the present Courthouse Annex; and, 4) Mayor Minor advised Council he had offered
$500,000 per year in EDA funds toward construction of a new courthouse.
Recommended motion:
That said Resolution be adopted.
-J-
'l~
Signature
Contact person: James F. Penman
Phone:
5255
Supporting data attached: Staff Report
Ward:
All
FUNDING REQUIREMENTS:
Amount: None at this time.
Source:
Finance:
Council Notes:
i2.:y,,l.l. 'z.c:o (- /:G-,'l
Agenda Item No.
32
.
STAFF REPORT
Council Meeting Date: December 3. 2001
TO:
FROM:
DATE:
AGENDA:
Mayor and Common Council
City Attorney's Office
November 29, 2001
Item #32
The current Central Courthouse was constructed in 1926 and although it has significant
historical value, it is no longer a suitable structure for needed and projected judicial services. While
it should be rehabilitated and retrofitted in order to preserve and use it, a new courthouse is necessary
to accommodate the projected increase in case filings, additional judges and other court staff, and
contain offices for the District Attorney, Public Defender and court administration personnel.
Agenda Item #32 is a 3+ page 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.
It is recommended that the Resolution be adopted.
srcthouse
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
BERNARDINO MAKING CERTAIN FINDINGS REGARDING, AND SUPPORTING
CONSTRUCTION AND OPERATION OF, A NEW MULTIPLEX COURTHOUSE
WNTOWN SAN BERNARDINO.
WHEREAS, the Mayor and Common Council of the City of San Bernardino find that
ic studies have been commissioned regarding the San Bernardino County Central
Courthouse; d,
WHEREAS, the studies have generally found that the performance of the 1926
\
'constructed Centr~ Courthouse in a major earthquake (magnitude 8.0 and greater) is expected to
be extremely poor, at 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 t be damaged but repairable; and,
WHEREAS, the ayor and Common Council of the City of San Bernardino find that
the Central Courthouse is i adequate and cannot accommodate the needs of our growing
community and the resulting ne for more judicial services in the county seat; and,
WHEREAS, the most rec t study of judicial needs has San Bernardino County slated
for 20 to 22 new judgeships by 2006; nd,
WHEREAS, the total numbe of filings in the Central Courthouse in 1996-97 was
114,942; and,
WHEREAS, the projected number filings for 2010 is 166,975; and,
WHEREAS, the projected number of lings for 2020 is 204,498; and,
WHEREAS, there are not now, nor wi there be, enough courtrooms to match the
community's projected increased needs; and,
WHEREAS, with the advent of additional new dges over the next 5-10 years, there will
not be any courtrooms available to house the new judges; nd,
\
WHEREAS, as the judicial demand increases, SO does the demand for related staff
members who cannot be housed in the current Courthouse; and,
III
5MB/tbm [Courthouse.Res]
1
November 29, 200 I
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.
WHEREAS, auxiliary agencies would also be able to be housed in a new multiplex
Courthouse ereby increasing efficiency in their service to the community; and,
AS, the Mayor and Common Council of the City of San Bernardino also find
\
that even if the st~tural problems did not exist, the 1926 Courthouse is no longer a safe building
\
for criminal trials; an\i,
,
WHEREAS'~ current Courthouse is unsafe because there is no central location for
security screening, and the bility to separate prisoners from victims, witnesses, jurors, staff, and
the public is virtually non-e . tent; and,
WHEREAS, not all the courtrooms have safety measures regarding the in-custody
criminal defendants, and, subsequ tly, the movement of inmates cannot always be separated from
WHEREAS, a new Courthous would incorporate the latest security advances to protect
the victims, witnesses, jurors, staff,
the public, victims, witnesses, jurors, judge staff, and prisoners; and,
WHEREAS, the Mayor and Comm Council of the City of San Bernardino find that
the lack of space in the current Courthouse does no allow for auxiliary and support agencies to be
housed together, and, therefore, such agencies are s ead throughout the community; and,
WHEREAS, the construction of a new multip x Courthouse would provide adequate
space not only for judges, but for the District Attorney, the blic Defender, Probation Services,
and Court Administration to better provide efficiency, econo ies of scale, court services, and
WHEREAS, the Mayor and Common Council of the City 0 San Bernardino find that,
access for the community; and,
although the retrofitting of the current Courthouse is necessary to preserve building of significant
historical value, the retrofitting of the current Courthouse before buildl g a new multiplex
Courthouse would be ineffective and insufficient to meet the needs of the community; and,
III
5MB/tbm [Courthouse.Resl
2
November 29,2001
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
AS, retrofitting the current Courthouse would only solve the seismic problem
5 and not the proble regarding the lack of space for the public and the housing of additional
6 judicial officers and t ir staff (in 1998, an estimated 2,651 people per day came to the Central
7 Courthouse), the housing f auxiliary agencies to better serve the public, and the incorporation of
8 the best security measures;
9
WHEREAS, the yor and Common Council support the construction and operation
of a new multiplex Central C~rthouse in downtown San Bernardino to meet the increased
requirement for additionaljudgesh~s, to improve security, to take advantage of technological and
architectural advances, to improve e lCiency, to increase judicial and public safety by improving
10
11
12
13 the method of pr.;-;oner transportation. d to improve and expand public access to judicial services
14 by housing auxiliary agencies in one facil thereby increasing the economies of scale, as well as
\
15 the eventual retrofit and replacement of ~ilities that are seismically unsafe to preserve the
16 historical components of the 1926 Central Co house;
18
COUNCIL OF THE CITY OF SAN BERNARDI
AS FOLLOWS:
17 VED BY THE MAYOR AND COMMON
19 SECTION 1. That the Board of Superviso for the County of San Bernardino be
20 requested to revisit the February 1999 Final Report for t San Bernardino County Court System
21 Needs Assessment/Program Statement and Consolidated oUrts Master Plan prepared by the
22 Rosser/Carter Goble Team (at a cost to taxpayers of$500,OOO~O) and commence the process of
\
23 constructing a new County Courthouse by allocating sufficient fun~ for that purpose, commencing
24 with a Request tor Proposals for the appropriate architectural and engineering plans from which
25 a new Courthouse may be constructed sufficient to accommodate the judicial needs of the County,
26 Court Administration, District Attorney, Public Defender, and Probation Services for this century.
27 SECTION 2. That the Board of Supervisors be requested to instruct the County lobbyists
28 to work with our State Legislators and Congressional Representatives to secure such funding as
5MB/tbm [Courthouse.Res]
3
November 29, 2001
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO MAKING CERTAIN FINDINGS REGARDING, AND SUPPORTING THE
2 CONSTRUCTION AND OPERATION OF, A NEW MULTIPLEX COURTHOUSE IN
DOWNTOWN SAN BERNARDINO.
3
4 may be availab from Federal and State governments to assist in the funding for the construction
5 ourthouse in the City of San Bernardino, the County Seat of San Bernardino
6 County.
7 TIFY that the foregoing Resolution was duly adopted by the Mayor and
8 Common Council of the C ty of San Bernardino at a
day of
meeting thereof, held on the
9
,2001, by the following vote, to wit
10 COUNCIL MEMBERS:
11 ESTRADA
12 LIEN
13 MCGINNIS
14 SCHNETZ
15 SUAREZ
16 ANDERSON
NAYS
ABSTAIN ABSENT
17 McCAMMACK
18
19
20
21
The foregoing Resolution is hereby approved th
day of
,2001.
22
23
24 Approved as to
form and legal content:
"
\
25
JAMES F. PENMAN,
26 City Attorney
27
28
4
November 29, 2001
1 RESOLUTION NO.
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.
4
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,
20 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 20 I 0 is 166,975; and,
28
WHEREAS, the projected number of filings for 2020
5MB/lbm [Court2.Res]
1
is 204,498; and,
D. .J--I-:- ?2-
1 t)-{( ,r--- (ft:Y:J (l - ,r ~
-J;- December 3, 2001
P_]-O I
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, 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 \\\
27 \\\
28 \\\
5MB/tbm [Court2.Res]
2
December 3, 2001
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 corner 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;
5MB/lbm (Courtl.Res]
3
December 3, 2001
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 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 Plari 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 govemments 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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December 3,2001
19
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1 RESOLUTION OF THE MA YORAND 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
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
meeting thereof, held on the
6
day of
, 200 I, by the following vote, to wit:
7 COUNCIL MEMBERS:
8 ESTRADA
AYES
NAYS
ABSTAIN ABSENT
9 LIEN
10 MCGINNIS
11 SCHNETZ
12 SUAREZ
13 ANDERSON
14 McCAMMACK
15
16
17
Rachel G. Clark, City Clerk
The foregoing Resolution is hereby approved this
day of
,2001.
18
19
20 JUDITH V ALLES, Mayor
City of San Bernardino
21 Approved as to
form and legal content:
22
23
JAMES F. PENMAN,
City Attorney
24
25
By: ~,.. ?- .~~_.,~
C
26
27
28
5MB/tbm [Court2.Res]
5
December 3, 2001
.
** FOR OFFICE USE ONL Y - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): /"2..-3-0\ Item # S Z.
Vote: Ayes i- '/ Nays .--e--
Change to motion to amend original documents: .-/
Resolution" __200 I -=-_ 3(, '1_______
Abstain -0-- Absenr__fr______
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:
1'2 .!{-o I
1-:2 .5-6 (
12-5-0 I
Reso. Log Updated V
Seal Impressed: _.__--"'__ _______
Date of Mayor's Signature:
Date ofClerk/CDC Signature:
Date Memo
Si nature:
See Attached:
See Attached:
Date Returned:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
Request for Council Action & Staff Report Attached: YesL No By
Updated Prior Resolutions (Other Than Below): Yes No.....L... By
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Yes No~ By
Updated CDC Personnel Folders (5557): Yes NO-f By
Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No By
Copies Distributed to:
City Attorney ,/
Parks & Rec.
Code Compliance Dev. Services
Police Public Services
EDA
Finance
MIS
Water
Others:
Notes:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: J'D:C... Date: 17110 Inl
, ,
Revised 01112/01