Orange County to Vote May 14 on New-Jail Tax : Ballot: The special election would boost the sales tax by a half-cent to provide for construction.

Orange County residents will vote May 14 on whether to tax themselves for construction of a jail that could relieve a crisis of overcrowding, a criminal justice commission decided Friday.

The commission agreed unanimously to call a special countywide election and place a half-cent sales tax on the ballot, offering voters their first chance to settle a jail construction debate that has befuddled county supervisors for almost 13 years.

The decision was a dramatic victory for Sheriff Brad Gates, who presides over a five-jail system holding 4,400 inmates in facilities designed for 3,203.

Because a 1978 federal court order limits the population of the Central Men’s Jail in Santa Ana, Gates has instituted a controversial “cite-and-release” policy that has allowed some suspects to go free and some minor criminals to gain early release.

While judges and other critics complained that the policy diluted the entire criminal justice system, the Board of Supervisors found itself repeatedly split 3 to 2 over the most widely debated option--building a massive jail in Gypsum Canyon, a rural area near Anaheim currently slated for Irvine Co. housing.

The countywide balloting will coincide with a runoff election in the 35th Senate District, where voters will chose a replacement for John Seymour, recently appointed to fill the U.S. Senate seat vacated by Gov. Pete Wilson.

The jail measure will not mention Gypsum Canyon or any other specific site but will simply read: “This proposition authorizes the Orange County Regional Justice Facilities Commission to adopt a one-half of 1% sales tax solely for adult and juvenile detention facilities and courthouse facilities purposes and/or to issue bonds payable from the proceeds of that sales tax.”

The commission also limited the levy to 30 years and set an appropriations limit of $950 million for the first year, to be adjusted annually, as required by law.

But Anaheim Mayor Fred Hunter said he intends to oppose the tax until he is convinced that it will not result in a Gypsum Canyon jail.

“Isn’t this really being done to jam a jail into Gypsum Canyon?” Hunter asked. “I don’t see it passing. If it passes, I see a taxpayers’ lawsuit.”

The day’s events began with a whirlwind meeting in which 28 of Orange County’s 29 mayors gathered to select two members of the Orange County Regional Justice Facilities Commission.

After La Palma Mayor Keith Nelson and Irvine Mayor Sally Anne Sheridan were appointed with backing from the majority, they joined two already-appointed members--Supervisors Harriett M. Wieder and Roger R. Stanton--in selecting an at-large colleague. They named Anaheim Hills resident Wylie Aitken, who is a former president of the California Trial Lawyers’ Assn. and a proponent of placing a jail in Gypsum Canyon.

The five then quickly voted to call for a sales tax election, beating the registrar of voter’s spring filing deadline by a matter of hours.

“The cities and the county for so long have been in an adversarial position and today’s action demonstrates that when we have to, we set aside our differences,” a very pleased Gates said after the meeting.

Wieder, who was selected commission chairperson and like Stanton strongly supports Gypsum Canyon, said Friday’s action marked an unprecedented spirit of cooperation between elected county and city officials.

“I am really very excited with the opportunity and the challenge that we have to get this show on the road, if you will, and address things that the people of Orange County want most, and that is to ensure the safety and quality of life in Orange County,” she said.

Supervisor Gaddi H. Vasquez, who represents the Anaheim Hills area and has strongly opposed building a jail on the Gypsum Canyon site along with Supervisor Don R. Roth, said he would watch the upcoming referendum campaign with interest.

“As I’ve said before, it is a question that probably needs to be asked of the voters,” said Vasquez, who is also chairman of the Board of Supervisors. “Now, it’ll be up to them to make the determination of whether they want to pay for a new jail,” he said, adding:

“But I do think the commission has a lot of work to do between now and then.”

Supervisor Thomas F. Riley, a longtime supporter of the Gypsum Canyon site, said that he was initially skeptical that a sales tax election could be launched in such a short time. Gates first called for a referendum late last month, after a Times Orange County Poll indicated that 49% of voters would approve such a tax. Riley said that with Gates’ backing, he believes the referendum has a good chance of being approved.

“Certainly I think the sheriff has one of the most committed and active support groups around,” Riley said.

At their meeting, almost all of the mayors agreed that it was time to act on the issue of jail overcrowding. But not all could agree on whether to favor the tax or the Gypsum Canyon site. Some suggested that the tax proposal be supported only if county supervisors revoke the new and highly controversial jail-booking fee that threatens to cost cities millions of dollars.

Santa Ana Councilman Miguel A. Pulido Jr. said he favored the sales tax, noting that his city will have to pay $4 million in jail-booking fees for inmates sent to county facilities.

“Four million (dollars) to us is devastating,” Pulido said. “And when you think about prisoners being released (early) into the streets, they’re being released into our city.

“I’m sure if you were looking at this issue the way we are, you’d see the tremendous urgency, the tremendous need for a new facility,” he said.

Huntington Beach Councilman Jack Kelly said it was important for cities to be represented on the commission.

“Every time there’s a shortfall at the higher levels (of government), everybody drops on us, the cities,” he said. “This commission is going to be of vital importance because if we don’t stand up and be counted, we are going to be stuck with a big deficit.”

Mission Viejo Mayor Robert A. Curtis said the commission should also look for other solutions to jail overcrowding.

“I think there’s more to this than the immediate problem of locating a jail,” Curtis said. “I certainly support letting people decide on the jail tax, because more revenue is needed. However, we also need to look at other alternatives.”

The mayors did not select representatives from the county’s two biggest cities--Anaheim and Santa Ana.

Anaheim Mayor Hunter said he was disappointed at not being selected to the commission but pleased that it will have a North County representative in La Palma’s Nelson.

“If Miguel Pulido had been selected, there would have been no one from the North County, and I wouldn’t have liked that,” he said.

The primary tax opposition was voiced by Bob Bennyhoff, publisher of a small newspaper in the city of Orange. Bennyhoff complained about the haste that led to Friday’s events.

“Not one goddamned public hearing on this?” Bennyhoff asked. “That’s terribly wrong. Terribly wrong, terribly wrong.”

Chronology

Sept. 11, 1975: Faced with overcrowding so severe that prisoners were sleeping on the floor in showers and hallways, inmates at the Santa Ana Men’s Jail filed a class action suit against Orange County, claiming that conditions violated their protection against cruel and unusual punishment.

May 4, 1978: U.S. Dist. Judge William P. Gray rules in favor of the inmates, ordering the sheriff to improve living conditions at the jail. In susequent orders, Gray imposes a cap on the inmate population at the men’s jail and directs the sheriff’s department to book inmates into their cells within 24 hours of their arrival at the jail.

March 18, 1985: Judge Gray finds the county in contempt of court for its operations of the jails. He imposes a $50,000 fine plus an additional $10 per day for every inmate who spends longer than 24 hours in jail without a bed.

June 21, 1985: With overcrowding growing worse, four military-style tents are erected at the James A. Musick jail near El Toro. The tents, meant to be temporary facilities, hold 80 prisoners each. They are still standing today.

July 1985: County breaks ground on construction of the Intake-Release Center in Santa Ana. Designed for 384 inmates, it quickly double-bunks, and regularly holds 600 prisoners.

March 26, 1986: An additional 180-bed housing unit is completed at the Theo Lacy Branch Jail in Santa Ana.

May 6, 1986: In a letter to then-Board of Supervisors Chairman Ralph B. Clark, Sheriff Gates warns that: “We have made progress in spite of a constantly increasing inmate population; however, we have reached the proverbial ‘bottom line.’ ”

Sept. 4, 1986: Sheriff Gates is fined $3,200 for violating Judge Gray’s order to improve living conditions at the men’s jail.

June 15, 1987: After a seven-year, $7-million review process, the Board of Supervisors votes 3-2 to name Gypsum Canyon, just east of Anaheim, as their preferred site for a new jail. Supervisors Gaddi H. Vasquez and Don R. Roth oppose the motion.

Sept. 11, 1990: Led by Supervisor Roth, Board of Supervisors awards the construction contract for another Theo Lacy Branch Jail expansion. That expansion, which was fought by the city of Orange and The City Shopping Center, will add 608 beds when it is completed.

Nov. 28, 1990: Draft County Administrative Office report recommends against continuing with plans to build a jail in the Riverside Co. desert. The report effectively seals debate on that option.

Dec. 3, 1990: In a report ordered by Judge Gray, a federal monitor strongly endorses Gypsum Canyon and urges the county to press ahead with plans there.

Dec. 18, 1990: Under mounting pressure to act, the Board of Supervisors, by another 3-2 vote, reaffirms its support for building a new jail in Gypsum Canyon and authorizes county staff to begin negotiations with the Irvine Co. to buy the land.

Jan. 28-29, 1991: A Times Orange County Poll finds surprisingly strong support for the a half-cent sales tax to pay for jail construction. The same poll finds deep dissatisfaction with Gates and the supervisors for their handling of the issue.

Jan. 29, 1991: Citing the poll results, Gates writes to the supervisors, urging that they allow voters to consider a sales tax hike on May 14, 1991.

Feb. 5, 1991: Board members unanimously approve a motion to activate the Orange County Regional Justice Facilities Commission, the body authorized to call a special election on a tax vote.

Feb. 16, 1991: At first meeting, the Facilities Commission--made up of Supervisors Harriett M. Wieder and Roger Stanton, La Palma Mayor Keith Nelson, Irvine Mayor Sally Anne Sheridan and Anaheim Hills resident Wylie Aitken--unanimously approves the May 14 referendum, offering voters their first chance to decide whether to tax themselves and possibly end nearly 13 years of jail overcrowding and political indecision.