Sheriff Gates Urges Special Election on O.C. Jail Tax : Politics: Encouraged by poll, he asks Board of Supervisors to let the voters decide on May 14.

Orange County Sheriff Brad Gates, citing new poll findings, urged the Board of Supervisors on Monday to schedule a special election for May 14 so that voters can decide whether to raise their sales taxes to pay for new jails.

“Your honorable board has the golden opportunity to allow our citizens to decide whether or not their safety is worth a half cent,” Gates said in a letter to the supervisors. “Public safety is at risk, and the fate of our families lies in your hands.”

County officials who asked not to be identified provided The Times with a copy of the two-page letter, which also cites 11 cases of criminal suspects who were released from the county jails to make room for more serious offenders. The sheriff’s release policies are the most politically volatile side effects of overcrowding, and the uncharacteristically blunt letter is sure to heighten pressure on the supervisors to take quick action on the long-stalled issue.

In the letter--copies were sent to judges, the district attorney and local police chiefs--Gates said results of a Times Orange County Poll published Sunday and Monday bolstered his belief that a half-cent sales tax would win at the ballot box.

That poll, conducted by Mark Baldassare & Associates, showed that 49% of county residents would support a half-cent tax to build a new jail in Gypsum Canyon, a controversial site about 10 miles east of downtown Anaheim. That was much stronger support than most had predicted, and the backing jumped to 60% when respondents were reminded of “cite and release” and early release polices that put criminals and criminal suspects back on the streets in order to free up scarce jail beds.

The poll has a margin of error of plus or minus 4%.

“The Times survey showed clearly that people care enough about the safety of their families and their community to pay for a new jail,” Gates wrote. “The Orange County chiefs of police, the business community, our judiciary, victims’ rights groups and I stand ready to educate the public and win this election. But we can’t do that until there is a measure on the ballot, and that decision is in your hands.”

Although not committing themselves to a specific date, some board members said the idea of a ballot measure in the coming months has great appeal.

“As far as I’m concerned, that possibility is real,” said Supervisor Roger R. Stanton, a strong supporter of building a new county jail in Gypsum Canyon. “I don’t know exactly what the probabilities are, but I think it’s a real possibility.”

Supervisor Thomas F. Riley, who is recovering from recent heart surgery, said in a telephone interview that he too would support a sales tax vote soon. “I’d like to see a vote,” he said. “The poll shows that there is support, and I think we need to get moving.”

Supervisor Harriett M. Wieder, the third supporter of the Gypsum Canyon Jail, urged some caution in considering a May 14 vote but did express interest in the idea.

“I’d have to give it some thought,” she said. “I want to go out there and win, and this may be the right time, but I’d need to think about it.”

But Supervisors Don R. Roth and Gaddi H. Vasquez oppose construction of a jail in Gypsum Canyon, and they cite financial obstacles to what all experts agree will be a massive and expensive facility.

Vasquez was out of town Monday, but Roth reiterated the financial concerns and said the recent poll findings may distort the actual political situation.

“If you want to be honest with people, let’s ask them whether they’re willing to pay a 1-cent tax, or 1-and-a-quarter,” he said. “That’s the real cost.”

Roth added that while the poll found strong countywide support for building in Gypsum Canyon--60% of those interviewed said they would back a jail at that location--an even stronger majority was in favor of building a new jail in Chiriaco Summit, a site far out in the Riverside County desert.

“I just want to remind you that 78% supported Chiriaco Summit,” Roth said. “It’s a foregone conclusion that that site would do better (if an election were held).”

Under Gates’ proposal, supervisors would have until Feb. 15 to decide whether to schedule May 14 as a special election date. That date has already been set for a runoff in the state 35th Senate District race for the seat vacated by newly appointed U.S. Sen. John Seymour.

The state Senate primary election is set for March 19, but the deadline has passed for county officials to alter the ballot to include a countywide referendum on a sales tax hike. Although a runoff is not guaranteed, political observers agree that one is likely, and it would be the first opportunity this year to put a jail sales tax on the ballot.

In interviews Monday, two of the county’s most prominent political consultants were divided as to the timing of such a measure, but both said the poll findings suggest a jail sales tax would probably enjoy a strong base of support if sent to voters in the near future.

In particular, the proposal benefits from strong support among older voters, who traditionally vote more often than younger ones, the consultants said.

“People are concerned about keeping bad guys in jail, and they’re willing to consider raising their taxes to do something about it,” said political consultant Eileen Padberg, who advises Gates. “I’d like to see it as soon as possible.”

Newport Beach political consultant Harvey Englander agreed that the poll results suggest a deep well of support, but he warned against moving too quickly. Special elections draw notoriously low turnouts, and Englander said he recommends waiting until June or November of next year, when broader-based campaigns would likely draw a bigger turnout.

Some of those effects could be minimized by the backing from older voters, however. Because they are more likely to vote in even a special election, their support could help the measure’s chances if it appeared on the May ballot.

But another factor could also hurt the prospects of a May 14 sales tax vote: Anaheim is the center of the 35th Senate District, so turnout in and around that city is likely to be relatively high on May 14. Residents of that area are also the least enthusiastic about Gypsum Canyon, since it would be built nearby, and their votes could well prevent the sales tax from winning countywide.

As county officials weigh the possibility of a May election, cost will also be a key consideration. Holding a special election would probably cost between $600,000 and $700,000, said County Administrative Officer Ernie Schneider.

“I think the poll showing that 60% of the public supports this tax proposal is very good news,” Schneider said. He added, however: “I’m not real excited about spending $600,000 or $700,000 unless we’re sure we’re going to win. . . . We need to answer a few questions before we’re ready to recommend that.”