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cOy OF SAN BERNAR~O - REGdI5T FOR COUNClt ActiON
From:
Raymond D. Schweitzer
City Administrator
Administrative
Subject: Authorize execution of Joint Exer-
cise of Powers Agreement by & among
the Cities of the County of San
Bernardino for the purpose of filin'
a common legal claim for traffic
fines due 17 County Cities
Dept:
Date:
June 25, 1987
Synopsis of Previous Council action:
NONE.
Recommen':led motion:
That the City of San Bernardino participate as a member of the
Joint Exercise of Powers Agreement among 17 County Cities for
the purpose of filing a common legal claim for traffic fines
due to the City and that the City Attorney be directed to prepare
a resolution authorizing the execution of said agreement.
~
Contact person:
R
Phone:
5122
Supporting data attached:
Yes
Ward:
FUNDING REQUIREMENTS:
Amount:
$9.115
Sou rce:
Finance:
Council Notes:
75-0262
Aoenda Item Nn
0< '1-
.
o
o
o
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STAFF REPORT
Over the past nine years (since Proposition 13), the City's
fines have dropped and shown a very erratic pattern. Even
when the City assigned four more motors to the Traffic
Division, there was not a dramatic increase. I am aware of a
50,000-population city in Nevada that receives approximately
$1,000,000 annually in municipal court fines. While the City
of San Bernardino nearly three (3) times larger receives but
a small fraction of that!
It would appear from my basic calculations, that the City has
lost $1.6 million to the County through their collection
procedures over the last seven (7) fiscal years.
Enclosed with this memo is a request from the City of
Victorville representing all the other Cities in the County
to join them in a Joint Exercise of Powers Agreement to file
a common legal claim to allow for all 17 County Cities to
pursue what is rightfully theirs under Penal Code Section
1463.1(c). Our current estimated share of the cost of the
lawsuit is $9,115.00.
The Grand Jury 1986-87 Interim Report of the Administrative
Committee on Traffic Fines and Forfeitures released February
25, 1987 found that "...a significant problem exists in the
equitable distribution of traffic fines forfeitures and
assessments between the incorporated cities of San Bernardino
County and the County General Fund."
RECOMMENDATION
I would strongly recommend that in view of the financial
straits the City is in, that the Mayor and Common Council
authorize the city Attorney to review the attached Joint
Exercise of Powers Agreement and that the Mayor be authorized
to sign it.
submitted,
RDS/djn
Attachment