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HomeMy WebLinkAboutMINUTES - 01241995 - 1.25 TO: BOARD OF SUPERVISORS Contra FROM: Phil Batchelor, County Administrator ;, Costa County DATE:. °s"rI > - January 18, 1995 `°°" SUBJECT: LEGISLATION - SUPPORT BOND ISSUE FOR JUVENILE HALL FACILITIES SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: ADOPT a position in SUPPORT of legislation to place on the ballot a bond measure to provide up to $350 million to replace, refurbish or enlarge county-run juvenile hall facilities . BACKGROUND: Last fall, the Board of Supervisors approved in concept the proposal of the Juvenile Systems Planning Advisory Committee for the replacement of the Juvenile Hall at a cost of some $48 million. Without assistance from the State it is unlikely that the County will be able to finance a replacement Juvenile Hall in the foreseeable future. Capital facilities such as jails and juvenile halls are frequently funded by the use of State bond funds, as was the County' s Main Detention Facility and West County Detention Facility. The County Probation Officers of California will be sponsoring legislation in 1995 to place a bond measure on the ballot in 1996 so that the voters have the opportunity to determine whether to approve a bond measure of perhaps $350 million to replace, refurbish or enlarge county-run juvenile hall facilities . The County Probation Officer has asked that the Board of Supervisors indicate its support for such legislation, in view of the clear need for a replacement juvenile hall facility in this County. In view of the Board' s acknowledgment that the Juvenile Hall needs to be replaced and in light of the County' s financial situation, it is recommended that the Board of Supervisors indicate its support for a bond measure to fund juvenile hall facilities, as is outlined in the attached material from the County Probation Officer CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VO T OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN :AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD \4 ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. County Probation Officer ATTESTED Contact: George Roemer, Senior Deputy County AdmF1 t.,onRK OF THE BOARD OF cc: Les Spahnn, Heim, Noack, Kelly & SpahnnuPERVISORS AND COUNTY ADMINISTRATOR Bank of California Center r. 770 L Street, Suite 960 \\ Sacramento, CA 95814 BY �� 44J DEPUTY Probation DepartmentContra p z Gerald S.Buck' County Probation Officer Administrative Offices Costa 50 Douglas Drive,Suite 201 County` , Martinez,California 94553-8500 l Y (510)313-4180 (510)313-4191 FAX ________o ni To: C. L. Van Marter, :""" Date: 12/13/94 Asst . County Admin. osrq.c6u`K'� From: Gerald S . Buck, Subject: County Legislative C unty Probation Officer Program in Re : Juvenile Facility Bond Act of 1996 The Chief Probation Officers of California will be sponsoring a Juvenile Facilities Bond Act to provide at least $350 million to replace, refurbish or enlarge county run juvenile facilities . Since our Juvenile Hall and Ranch are very old and in need of repair and/or replacement, I would hope our Board would enthusiastically support the measure. Alan Clarke will be approaching Richard Rainey as a potential author. I 've attached some preliminary wording for your interest . GSB:ds Attachment j11/jfba96.wp y CONTRA COSTA COUNTY RECEIVED 6 DEC 1 41994 g OFFICE OF COUNTY ADMINISTRATOR . 965 F01 NMI 30 '94 09:--79 tCHIEF,PROBATION OFFICERS of CALIFORNIA M: ICHIEF 101011th Street,Suite 208 Sacramento,CA 95814 (916)447-2782 (916)447-5194 Fax 5 PAGES November 30, 1994 FAX TO: JERRY BUCK BARRY MIDORF MIKE SCHUMACHE FROM: ALAN CLARKE RE: JUVENILE AND OUTH VIOLENCE PR6TECTION BOND ACT OF 1996 Enclosed is the draft for our proposed bond act. Please review it and give my your suggestions. I would like to take this over to the capitol next week, when the new Legislature returns. Thank you for your cooperation. 965 P02 NOV 30 194 09:59 DRAFT 11/30!94 SECTION 1. page 1 to Fart 1 of D, Chapter 2. 5 (co�erncin read: /vision 2 of the Welfare;and h Section 950 nstitutione codadto de CHAPTER 2.5 JUVENILE A.ND YOUTH. vi64NCE PROTECTION BOND ACT OF .19-9F Article 1. General Provisions 950. This chapter shall be known; and lftay be Cited as the Juvenile and Youth violence Protection Bond Aot of 1996. 951. The Legislature finds and d4pclares all of the following: (a) While the County Correctional Facility Capital Expenditure Bond Act of 1986 and 1988 provided eighty five million dollars ($85,000,400) for county juvenile facilities, many problems remain. ( ,�,r,;,GJ 1b ►fie.m" cv.� � SA4,1 ?A&��4.0.J J.; (b) Numerous county juvenila facilities throughout Caiifornia are dilapidated and overcrowdedc:w� cL. v,oT M�&f owu.,.r sxw,-b (c) Capital improvements are necessary to protect life and safety of persons confined or employed in juvenile facilities and to upgrade the health and sanitary. condition.: d op (d) According to a curve by the Department of the 'Youth Authority under Chapter 1519 of the Stat es ok 1986, at least two hundred fifty millions dollars ( , U 000:) wM be needed to build and remodel county and state-Tu_4_e_n11_4 facilitiea. rr Yh t•�Cy. /h URE lViw- Ac�a (e) Rural counties have .not.been •able to use ,jails to detain minors since 1987. (f) Due to numerous fiscal constraints,icountles are unable to finance the construction of adequate detention facilities. (Funding for educational or skill development facilities is non- existent (g) Many local juvenile facilities ' are oloerating over capacity or must implement emergency release procedures and the population is still increasing. M-De,c e z c o-c rcc-fi ell (h) County juvenile fac les are threatened with closure or the imposition of court sueeizyi_s on . if health and safety deficiencies are not corrected immediately. I 952. As used in this Chapter., the; folk wing terms have the following meanings: (a) "Committee" means the 1996 Juvenile and Youth violence Protection Finance Committee created pursuant to Section 961. Shu �Sv F.0V :30 '94 1!0:['0 a5 DRAPT 11/30/94 ' S page 2. (b) "Fund" means the 1996, and Youth Violence Protection Fund created pursuant to *Section 95. �L (c) "County juvenile facilities" means county Juvenile halls, juvenile homes, ranches, or camps, and other juvenile detention facilities . Article Z. Program 955. The proceeds of bonds issued and sold pursuant to this chapter shall be deposited in the 1946 Juvenile and Youth Violence Protection Fund, which is hereby created. 956. honeys it the fund, up to two hundred fifty million dollars ($250,000 ,000) , shall be available for, the construction, reconstruction, remodeling, replacement, and deferred maintenance of county juvenile facilities including, facilities for status offenders and facilities for detention alternaiives. Deferred maintenance for juvenile facilities shall only include items with a useful ,life of at least 16 years. Expenditure shall be made for county facilities only if county matching funds of 25 percent are provided—as determined by the Legislature, except that this requirement may be modified or waived by the Legislature: where it determines that a county is financially distressed and that it is necessary to facilitate the expeditious and equitable construction of facilities. 957 . Notwithstanding section 1.6345.7 of the Government Code,, all interest or other increment resulting from tl�-e investment of moneys deposited in the fund shall be credited to the fund. 958. Money in the fund may only be exp8nded . for projects specified in this chapter as allocated in appropriations made by the Legislature. Article 3 . Fiscal Frovip.ioni 959. Bonds in the total amount of two hundred fifty million dollars ($250,0©0 000) , or so much thereof as ii necessary, may be issued an so to provide a fund •to be used for carrying out the purposes expressed in this chapter and to be used to reimburse the General Obligation Bond Expense Revolvinq; Fund. pursuant to Section 16724.5 of the Government Code. The bonds shall, when sold, be and constitute a valid and binding obligations of the state of California, and the full faith and. Credit of the State of California is hereby pledged for the punctual payment of both principal of , and interest on, the bonds as the 'principal and Interest become due and payable. 960. The bands authorized by thin chapter shall be prepared, emacuted, issued, sold, paid and redeemed ars provided in the State General Obligation Bond Law (Chapter 4 [cQmmonting with Section 16720) of Part 3 of Division 4 of Title P of the Government Code) , 965 PO4 Notj 30 '94 10=01 DRAFT 11130194 page 3 and all of the provisions of that law apply to the bonds and to this chapter and are hereby incorporated in this chapter as though set forth in full in this chapter, except that the. maximum maturity of the bonds shall not exceed 20 years from the date of each respective series. 961. (a) Solely for the purpose of authorizing the issuance and sale, pursuant to the State General obligation Bond Law, of the bonds authorized by this chapter, the 1996 Juvenile and 'Youth Violence Protection Finance Committee is hereby created. For purposes of the this chapter, the 1996 Juvenile and Youth Violence Protection Finance Committee is "the comoittee" as that term is used in the State General obligation Bond Law. The committee consists of the Governor, the controller, the Treasurer, and the Director of Finance, or their designated representatives. A majority of the committee may act for the committee. (b) For the purposes of the State General, obligation Band Law, the Youth Authority is designated the "board". 9,62, The committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to carry out the actions specified in Section 956 and, if so, the amount of bonds to be issued and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. 963. There shall be collected each year and in the same Iaanner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds maturing each year, and it is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act which is necessary to collect that additional sum. 964 . Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the state Treasury, for the purposes of this chapter, an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable. (b) The sum which is necessary to carry out the provisions of Section 962 , appropriated without regard to fiscal years. 965. For the purposes of carrying out this chapter, the Director of Finance may, pursuant to appropriate authority in each annual Budqet Hct, authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds which have been authorized to be sold for the purpose of '965'P05 NOU 30 '94 10:02 DRAFT 11/30/94 page 4 r carrying out this chapter. Any amounts withdrawn shall be deposited in the fund. Any money made available ubder this section shall be returned to the General Fund from money received from the sale of bonds for the purpose of carrying out this chapter. 966. All money deposited .in the fund which is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest. 967. The Legislature hereby finds and declares that, in.asnuch as the proceeds from the sale of bonds authorized by this chapter are not "proceeds of taxes" as that term is used in Article x111 B of the California Constitution, the disbursement of these proceeds Is not subject to the limitations imposed by that article, SLC 2. Section 1 of this act shall take effect upon the adoption by the voters of the Juvenile and Youth Violence Protection Bond Act of 1996, as, set forth in Section 1 of this act. SLC 0. Section 1 of this act shall be submitted to the voters at tAe next statewide election in accordance with provisions of the Government Code and the Elections Code governing submission of statewide measures to the voters. SEC 4. notwithstanding any other provision of law, all ballots of the election shall have printed thereon and in a square thereof, the words "Juvenile and Youth. violence Protection Hand Act of 1996" and in the same square under those words, the following in eight-point type: "This act provides for a bond issue of two hundred fifty million. dollars ($250,000,000) to provide fundis for the construction, reconstruction, remodeling, replacement, and deferred maintenance of county juvenile facilities." Opposite the square, there shall be left spaces in which the voters may place at cross in the manner required by law to indicate whether they vote for or against the act. Where the voting in the election is done by means of voting machines used pursuant to law in the wanner that oarries out the intent of this section, the use of the voting machines and the expression, of the voters' Choice by means 'thereof are in compliance With this section. 0