County May Keep Booking Fees Even if Jail Tax Passes : Finances: Cities expected controversial levy to be dropped in exchange for Measure J support. But three supervisors indicate the estimated $8 million in revenue cannot be given up.

SANTA ANA —  The controversial jail booking fee imposed on cities may not be revoked even if the Measure J jail tax is approved by voters in a May 14 referendum, three county supervisors have indicated.

In an effort to gain the support of local cities, some Measure J proponents have been saying that the booking fee would be dropped after the passage of the half-cent increase in the sales tax. If Measure J is approved, revenue from the sales tax is expected to go toward easing jail overcrowding, most likely through the construction of a new county jail in Gypsum Canyon.

While Supervisor Roger R. Stanton said Tuesday that he would probably propose doing away with the jail booking fee if the sales tax measure passes, Supervisor Harriett M. Wieder was the only other board member to say she might support such a move. Supervisors Don R. Roth, Gaddi H. Vasquez and Thomas M. Riley have indicated that the county cannot afford to revoke a fee that is expected to generate about $8 million a year.

That news was disappointing to some city officials, who said they were counting on county officials to revoke the fee in exchange for their support. The booking fee, scheduled to take effect July 1, charges cities and school districts $154 for every inmate they book into the county jail system.

A resolution backing Measure J that was approved by the Santa Ana City Council last month specifically said that voter approval of the half-cent sales tax “would provide the county with replacement revenue in order to repeal the implementation of the booking fee.”

“We would be terribly disappointed” if the county continued to impose the booking fee, said David N. Ream, Santa Ana city manager. “It is our impression that the county has indicated that it was their intent to revoke the jail booking fee” if Measure J passes.

The booking fee would cost Santa Ana, which has the highest number of inmates booked into Orange County jails, from $3 million to $4 million a year, an amount that represents 4% of the city’s general fund, Ream said.

Irvine Mayor Sally Anne Sheridan, who serves on the Regional Justice Facilities Commission, which voted to put Measure J on the ballot, said she also expected the supervisors to revoke the booking fee.

“The cities are extremely concerned about the jail booking fee,” she said. “I know the county needs that money but the cities need it equally badly. If they want to get the support of the cities for Measure J, money from it will have to be used to offset the booking fees.”

While the supervisors can vote to revoke the fee, or choose to leave it in place, Sheridan noted that only the regional commission can decide how the money from Measure J will be used. And Sheridan said she for one will vote to use revenue to help do away with booking fees.

“When I was asked to serve on this commission, that was one of my stipulations, that . . . the cities be absolved of the booking fee if Measure J passed,” she said. “I’ve made no bones about it.”

Orange County Sheriff Brad Gates, the most prominent supporter of Measure J, has been telling city officials that he is confident three of the five supervisors will vote to revoke the fee if the tax referendum is approved.

“I would certainly be in favor of revoking the fees because we would certainly have enough money then to do our jobs,” Gates said.

The sheriff added that he hoped that “nobody is voting for Measure J on that basis, but instead because they realize that this is a responsible way of paying for a much-needed new jail.”

Roth, a strong opponent of building the jail in Gypsum Canyon near Anaheim Hills, has said cities are being promised something that supervisors cannot deliver.

In a letter to Roth, County Administrative Officer Ernie Schneider said that Measure J and the booking fee were not necessarily linked.

“The sales tax is not intended to replace current funds which cities and the county currently appropriate for construction, operation and maintenance of justice facilities,” Schneider said. “. . . We concur with your understanding that the proposed Regional Justice Facilities sales tax is not intended to replace funds such as the jail booking fee which can be spent on other programs.”

It was Schneider’s office that recommended last fall that the county impose the jail booking fee, and he said Tuesday he has not changed his position.

“In no way, shape or form am I going to recommend that they revoke it,” he said. “But what the supervisors decide to do is their business.”

Riley said Tuesday that in light of a report presented to the supervisors Tuesday showing the county could face a budget shortfall of as much as $60 million during the 1991-92 fiscal year, this is no time to be giving back money.

“All of us would prefer not to have to charge any fees, but with all the difficulties the county is facing today, things seem to be getting worse, not better,” he said.

In a related action, Stanton also said Tuesday that he will ask supervisors to take a vote, possibly as early as two weeks from now, on whether they will condemn the land in Gypsum Canyon, owned by the Irvine Co., to build a new 6,700-bed jail facility.

The Irvine Co. has indicated time and again that it has plans to develop the property, and will not sell the land to the county except through the process of eminent domain.

The procedure would need approval of four of the five supervisors, but Vasquez and Roth have indicated in the past that they would not vote to support condemnation.

Stanton said Tuesday, however, that it is time to find out where each of the supervisors stand.

“I’m tired of speculating as to whether or not we have the votes,” Stanton said. “Let’s get on with it and see how many votes we have.”