HomeMy WebLinkAbout1999-045
RESOLUITON NO. 1999-45
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RESOLUITON OF TIlE CITY OF SAN BERNARDINO AUlHORIZING
EXECUITON OF TIlE SUPPLEMENTAL SElTLEMENT AGREEMENT wrm TIlE
COUNTY OF SAN BERNARDINO ELIMINATING TIlE FEBRUARY 11, 1999
CRIMINAL JUSTICE ADMINISTRATIVE FEE INCREASE.
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WHEREAS, the State Legislators adopted Senate Bill 2557 in 1991 enabling counties
to charge cities for the cost of booking prisoners; and
WHEREAS, cities have been charged for booking fees by the County since 1991;
and
WHEREAS, booking fee charges have been the subject of extensive litigation; and
WHEREAS, the City of San Bernardino entered into a booking fee settlement
agreement with the County in City of Adelanto v. County of San Bernardino, Judicial
Council Coordination Proceeding No. 2584, and the settlement agreement calls for an
annual fee increase based on a Consumer Price Index to be implemented on February 11 th
13 of each year through the year 2000, and beginning February 11,2001, requires the fee to
be adjusted to the actual cost incurred by the County; and
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WHEREAS, the February 11, 1999 fee adjustment would represent an additional
cost approximating $7,980 to the City of San Bernardino, based upon the $570,000 amount
budgeted for the costs of booking fees during Fiscal Year 1998-99; and
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WHEREAS, cities who receive the fee reduction have agreed to allocate to local law
enforcement programs the entire amount of the savings derived from the fee reduction,
and to use this sum exclusively for law enforcement purposes within the County of San
Bernardino.
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20 THEREFORE, BE IT RESOLVED that the Mayor and Common Council of the City 0
21 San Bernardino authorize execution of the Supplemental Settlement Agreement with the
County of San Bernardino eliminating the February 11, 1999 Criminal Justice
22 Administrative Fee increase.
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March 5, 1999
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Res 1999-45
RESOLUllON AUlHORIZING EXECUllON OF TIlE SUPPLEMENTAL
SE'ITLEMENT AGREEMENT WITII TIlE COUNTY OF SAN BERNARDINO
1 ELIMINATING TIlE FEBRUARY 11, 1999 CRIMINAL JUSTICE ADMINISfRATIVE
FEE INCREASE.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a joint regulalllleeting thereof,
6 held on the 15th day of Karch
7 Council Members
, 1999 by the following vote, to wit:
ABSTAIN ABSENT
8 ESTRADA
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AYES NAYS
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LIEN
McGINNIS
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13 DEVLIN
SCHNETZ
14 ANDERSON
15 MILLER
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~iWCJv.L h. ~
City Clerk
The foregoing resolution is hereby approved this\1thday of
Karch , 1999.
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22 Approved as to form and
23 legal content:
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Norine Killer, Kayor Pro Tempore
City of San Bernardino
James F. Penman,
City ttorney
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March 5, 1999
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Res 1999-45
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SUPPLEMENTAL SETTLEMENT AGREEMENT
ELIMINATING FEBRUARY 11, 1999 C~lMINAL
JUSTICE ADMINISTRATIVE FEE INCREASE
This Supplemental Settlement Agreement (hereinafter referred to as
"Agreement") is entered into between the COUNTY OF SAN BERNARDINO, for itself,
its employees, servants, representatives, officers, officials, agents and departments
(hereinafter referred to as "COUNTY") and the CITY OF San Bernardi no
(hereinafter referred to as "CITY"). COUNTY and CITY are collectively referred to
herein as the "Parties".
CITY and COUNTY have previously entered into a Settlement Agreement
concerning payment of booking and processing fees (criminal justice administrative
fees pursuant to California Government Code section 29550) that was incorporated as
part of the judgment entered by the Sacramento County Superior Court in City of
Adelanto, et al. v. County of San Bernardino, Judicial Council Coordination Proceeding
No. 2584,
On January 26, 1999 the Board of Supervisors for the County of San Bernardino
passed and adopted a resolution to waive and eliminate the criminal justice
administrative fee Consumer Price. Index increase scheduled to otherwise automatically
take effect on February 11, 1999, for all cities and towns which have previously entered
into a booking fee settlement agreement with the County that was incorporated as part
of the judgment in the above-referenced case, and which also enter into a supplemental
settlement agreement with the County, in which they each agree to allocate to local law
enforcement programs the entire amount of their savings derived from the fee
reduction, and to use this sum exclusively for law enforcement purposes within the
County of San Bernardino.
CITY now represents that it shall allocate to local law enforcement programs the
entire amount of its savings derived from the above-described fee reduction, and shall
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Res 1999-45
1 use this sum exclusively for law enforcement purposes within the County of San
2 Bernardino.
3 Therefore, COUNTY and CITY agree to the following terms and conditions:
4 1. COUNTY, in consideration of the performance of all terms of this
5 Agreement by CITY, agrees to waive in full the 1999 Consumer Price Index increase
6 referred to in section 3.c. of the Settlement Agreement between the Parties concerning
7 payment of booking and processing fees (criminal justice administrative fees pursuant
8 to California Government Code section 29550) that was incorporated as part of the
9 judgment entered by the Sacramento County Superior Court in City of Adelanto. et al.
10 v, County of San Bernardino, Judicial Council Coordination Proceeding No. 2584, that
11 would otherwise automatically take effect on February 11, 1999, provided that CITY
12 executes this Agreement prior to April 1, 1999,
13 2. In the event that CITY executes this Agreement on or after April 1 , 1999,
14 COUNTY, in consideration of the performance of all terms of this Agreement by CITY,
15 agrees to waive the 1999 Consumer Price Index increase referred to in section 3.c. of
16 the Settlement Agreement between the Parties concerning payment of booking and
17 processing fees (criminal justice administrative fees pursuant to California Government
18 Code section 29550) that was incorporated as part of the judgment entered by the
19 Sacramento County Superior Court in City of Adelanto. at al. v, County of San
20 Bernardino. Judicial Council Coordination Proceeding No. 2584, that would otherwise
21 automatically take effect on February 11, 1999, with such waiver beginning and
22 effective in the month that CITY signs this Agreement.
23 3. CITY, in consideration of COUNTY agreeing to waive the 1999 Consumer
24 Price Index increase referred to in section 3,c. of the Settlement Agreement between
25 the Parties concerning payment of booking and processing fees (criminal justice
26 administrative fees pursuant to California Government Code section 29550) that was
27 incorporated as part of the judgment entered by the Sacramento County Superior Court
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REs 1999-45
1 in City of Adelanto. et al. v. County of San Bernardino, Judicial Council Coordination
2 Proceeding No. 2584, that would otherwise automatically take effect on February 11,
3 1999, agrees to allocate to local law enforcement programs the entire amount of its
4 savings derived from the above-described fee reduction, and to use this sum
5 exclusively for law enforcement purposes within the County of San Bernardino.
6 4. The Parties agree that this Agreement shall be deemed breached and a
7 cause of action accrued thereon immediately upon the commencement by either party
8 of any action or proceeding contrary to the terms of this Agreement.
9 5, The Parties fully understand and declare that, if the facts under which this
10 Agreement is executed are found hereafter to be different from the facts now believed
11 by them to be true, they assume the risk of such possible differences in facts and
12 hereby agree that this Agreement shall be, and will remain, effective, notwithstanding
13 such differences in facts.
14 6. The Parties further agree that this Agreement shall be binding upon the
15 Parties, their employees, agents, heirs, representatives, successors, assigns, officers,
16 officials, agents, and departments, and that the benefits contained in this Agreement
17 shall inure to the benefit of the Parties hereto, their employees, agents, heirs,
18 representatives, successors, assigns, officers, officials, agents, and departments.
19 7. The Parties hereto certify they have not received any representations,
20 promises, or inducements from any of the Parties hereto or from their representatives
21 other than those expressed in this Agreement. The Parties further certify that they are
22 entering into this Agreement in reliance upon their knowledge and understanding of the
23 facts, the legal implications thereof, and the liability therefore as per the advice and
24 legal counsel of their attorneys. The Parties understand and agree that this Agreement
25 is intended only to supplement the Settlement Agreement reached by the Parties with
26 respect to all matters contained therein, and entered as part of the judgment, by the
27 Hon, James T. Ford in City of Adelanto, et al. v. Countv of San Bernardino, Judicial
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Res 1999-45
1 Council Coordination Proceeding No, 2584. The Parties hereby affirm their
2 understanding of the terms of that Settlement Agreement as well as this Agreement,
3 and understand and agree that they are still bound by all terms of the Settlement
4 Agreement and the judgment in City of Adelanto. et al. v. County of San Bernardino,
5 Judicial Council Coordination Proceeding No. 2584, that are not expressly modified by
6 this Agreement. The Parties agree that this Agreement is a binding contract and not
7 merely a recital. The Parties further understand and agree that this Agreement may not
8 be altered, amended, modified, or otherwise changed in any respect or particular
9 whatsoever, except in writing duly executed by both Parties or their authorized
10 representatives,
11 8. COUNTY has counseled with and has been advised by Dennis Tilton,
12 Deputy County Counsel, who is an admitted member of the California State Bar, with
13 regard to this Agreement and the existing dispute, and executes this Agreement,
14 representing to CITY that there has been an opportunity for full discussion and advice
15 of counsel and that the legal effects of this Agreement have been explained to
16 COUNTY by its counsel. CITY represents to COUNTY that there has been an
17 opportunity for full discussion and advice of counsel and that the legal effects of this
18 Agreement have been explained toCITY by its counsel.
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Res 1999-45
IN WITNESS WHEREOF, the parties sign this agreement on the respective dates
2 indicated below.
3 Approved as to form: ~
4 Dated: '3 -3 1- 0;
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8 Approved as to form:
9 Dated: Karch 17. 1999
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Dated: 3-:'\-'1999
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Dated: Karch 22
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,1999
ALAN K. MARKS
COUNTY COU~SEL .... ---(/J 1-...
BY:~"'~
DENNIS TIL N
Deputy County Counsel
Attorneys for COUNTY OF SAN BERNARDINO
JAMES F. PENMAN
CITY ATTORNEY
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;) ES F. PENMAN
ity Attorney
Attorneys for CITY OF SAN BERNARDINO
By:
KELS
irman, Board of Supervisors
CITY OF SAN BERNARDINO
ByJV-V: C (' J < l)) cdlZ.t 4)
Horine MilleT
Mayor Pro Tempore
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