Assembly OKs Bill to Assist Acquisition of Land for Jail : Legislation: Orange County legislators take pot shots at each other. Bill tailored for Gypsum Canyon issue now goes to state Senate.

SACRAMENTO —  After a debate in which Orange County legislators took pot shots at each other, the Assembly on Thursday passed a controversial bill that would make it easier for the Board of Supervisors to condemn land for a proposed Gypsum Canyon jail.

In the end, the Democrats broke up Orange County’s family feud and did what they thought was right for one of California’s most Republican counties. On a strictly partisan vote, they came to the aid of the county’s only Democratic Assemblyman and passed the bill 43 to 28, moving it over to the Senate for consideration.

The author of the bill, Assemblyman Tom Umberg (D-Garden Grove), justified the unusual measure by placing blame on the five-member Board of Supervisors, which has been politically deadlocked over the question of acquiring 2,512 acres of Irvine Co. land just east of Anaheim Hills for a new jail.

“The problem is that the Board of Supervisors has dropped the ball,” Umberg said about the impasse, which he said has resulted in the premature release of 186,000 suspects over the past four years to relieve overcrowding. “It’s our responsibility . . . to pick up that ball if they’re not going to protect the citizens of Orange County.”

But Umberg’s colleagues from Orange County pointed the finger right back at the rookie legislator, whose district includes Santa Ana. The charge: He’s using the bill to export the jail mess elsewhere in the county.

“Mr. Umberg brings this bill before the Legislature for one very simple reason,” intoned Assemblyman Ross Johnson (R-La Habra). “He and other politicians in the city of Santa Ana don’t want . . . additional jails in Santa Ana.

“They want all the benefits to their local community that come from every other facet of county government being located in Santa Ana . . . but they don’t want the jail,” said Johnson, the Assembly Republican leader.

Johnson’s district is one of the closest to the proposed Gypsum Canyon jail. A spokesman said, however, that the Assembly leader’s opposition was based on his concern that the state stay out of a local problem.

Current law requires a four-fifths majority of any governmental body to agree before initiating eminent domain proceedings to acquire private land for public purposes. That requirement translates into four votes on the Board of Supervisors.

Yet, the board has only been able to muster three votes to condemn the Gypsum Canyon site. While Supervisors Thomas F. Riley, Roger R. Stanton and Harriett M. Wieder are in favor, Don R. Roth and Board Chairman Gaddi H. Vasquez are adamantly opposed.

Umberg’s measure aims at relieving that political bottleneck by creating a tailor-made loophole for Orange County by lowering the condemnation requirement to a simple majority. Narrowly crafted to apply to only unincorporated areas such as Gypsum Canyon, the measure would give the current 3-to-2 majority four years to begin condemnation negotiations with the Irvine Co.

Taking a verbal slap at his resistant Republican colleagues, Umberg characterized his measure on Thursday as a “law-and-order” bill necessitated by the stiffer criminal sentences advocated by Orange County lawmakers.

“If the people who vote to increase those sentences cannot support this, then they are not putting their vote where their mouth has been,” he said.

Assembly Republicans countered by saying that despite his public stance, Umberg was actually trying to help the Orange County board save face.

“Members, this is really an anti-American measure where a Gestapo-type tactic can be used to come in and seize your home because some politicians lack the courage to vote,” said Assemblyman Gerald N. Felando (R-San Pedro). “This is being carried to let one supervisor off the hook in Orange County.”

The measure even prompted a rare floor speech from Assemblyman John R. Lewis (R-Orange), whose district includes Gypsum Canyon. Lewis, running to fill a Senate seat that also includes the proposed jail site, condemned Umberg’s bill as a “terrible precedent” that will “come back to this Legislature many, many times in the future when it meets someone’s short-term political agenda.”

Assemblyman Tom Mays (R-Huntington Beach) said he was so torn by the debate that he decided to abstain from voting on the measure.

“I agree that we have a major problem with our jail system in Orange County,” he said. “ . . . On the other hand, I have a real concern with the actual eminent domain procedure being less restrictive.”

Umberg was the only Orange County Assembly member to vote for the bill. Opposed were Lewis, Johnson, Doris Allen (R-Cypress), Robert C. Frazee (R-Carlsbad) and Gil Ferguson (R-Newport Beach). Not voting was Nolan Frizzelle (R-Huntington Beach), who aides said had to meet with constituents.