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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: City Administrator's Office
Subject: Resolution authorizing
execution of Supplemental
Settlement Agreement relating to
Criminal Justice Administrative Fees
between the City of San Bernardino
and the County of San Bernardino.
From: Fred Wilson,
City Administrator
Date: April 30, 2001
MICC Meeting Date: May 21, 2001
Synopsis of Previous Council Action:
March 15, 1999 Mayor and Common Council adopted Resolution No. 1999-45
authorizing execution of Supplemental Settlement Agreement with
the County of San Bernardino eliminating the February 11, 1999
Criminal Justice Administrative Fee increase.
February 22, 2000 Mayor and Common Council adopted Resolution No. 2000-29,
authorizing execution of Supplemental Settlement Agreement with
the County of San Bernardino eliminating the February 11, 2000
Criminal Justice Administrative Fee increase.
Recommended Motion:
Adopt Resolution.
N:;m""
Contact person: FrAd WilAon
Phone: 5122
Supporting data attached:
Yes
Ward:
FUNDING REQUIREMENTS: Amount: NIA
Source: (Acct. No.)
(Acd np.!':criptinn)
Finance:
Council Notes:
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing
execution of Supplemental Settlement Agreement between the City of San Bernardino and the
County of San Bernardino relating to criminal justice administrative fees.
Background:
The State legislature authorized counties to charge cities booking fees with the passage of Senate
Bill 2557 in 1991. Cities have been charged booking fees by the County of San Bernardino since
1991.
In 1995 the City of San Bernardino entered into a booking fee settlement agreement with the
County in City of Adelanto v County of San Bernardino. The Settlement Agreement calls for an
annual fee increase based upon the local area Consumer Price Index to be implemented on
February 11 th of each year through the year 2000. The booking fee charged by the County in
1991 was $104.90; currently, the fee is $159.72. Beginning February 11,2001, fees are to be
adjusted to the actual cost incurred by the County.
The Cities and the County have been negotiating since December of 2000 to work out an
agreement pertaining to the "actual cost" calculation of the booking fees that was set to begin on
February 11, 2001, under the original Booking Fee Settlement Agreement. The attached
Supplemental Settlement Agreement would freeze the booking fee at $159.72 for each qualifying
booking. The freeze would be subject to a reopener by the County if its actual costs increase by
25% or more, and a reopener by the Cities if the State reimbursement for booking fees is reduced
by 25% or more.
The Supplemental Settlement Agreement also allows the County, upon request by the City, to
collect booking fee charges imposed on convicted defendants on behalf of the City. All funds
recovered by the County would be remitted to the City, less the cost of collection.
Financial Impact:
Booking fee charges were budgeted at $600,000 for Fiscal Year 2000/01.
In Fiscal Year 1999/00, the State began reimbursing municipalities for booking fees that had
been paid to counties. State reimbursement for booking fees during Fiscal Year 2000/01 was
budgeted at $689,100. State booking fee reimbursement is subject to continuing state budget
appropriations.
Recommendation:
Adopt Resolution.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING EXECUTION OF SUPPLEMENTAL
SETTLEMENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
THE COUNTY OF SAN BERNARDINO RELATING TO CRIMINAL JUSTICE
ADMINISTRATIVE FEES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized to
execute a Supplemental Settlement Agreement with the County of San Bernardino which
freezes the booking fee at $159.72 for each qualifying booking.
SECTION 2. The authorization granted hereunder shall expire and be void and of no
further effect if the agreement is not executed by both parties and returned to the office of City
Clerk within one hundred twenty (120) days following effective date of the resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING EXECUTION OF A SUPPLEMENTAL
SETTLEMENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO' AND
THE COUNTY OF SAN BERNARDINO RELATING TO CRIMINAL JUSTICE
ADMINISTRATIVE FEES.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
meeting thereof, held
on the
day of
, 200 I, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
LIEN
MCGINNIS
SCHNETZ
SUAREZ
ANDERSON
MCCAMMACK
Rachel G, Clark, City Clerk
The foregoing resolution is hereby approved this
day of
2001.
Judith Valles, Mayor
City of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
(f- 7: P--,
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1 SUPPLEMENTAL SETTLEMENT AGREEMENT RELATING
2 TO CRIMINAL JUSTICE ADMINISTRATIVE FEES
3 This Supplemental Settlement Agreement (hereinafter referred to as
4 "Agreement") is entered into between the COUNTY OF SAN BERNARDINO, for itself,
5 its employees, servants, representatives. officers, officials, agents and departments
6 (hereinafter referred to as "COUNTY") and the CITY OF
7 (hereinafter referred to as "CITY"), COUNTY and CITY are collectively referred to herei
8 as the "Parties",
9 CITY and COUNTY have previously entered into "the Settlement Agreement"
10 concerning payment of booking and processing fees (criminal justice administrative fees
11 pursuant to California Government Code section 29550) that was incorporated as part
12 of the judgment entered by the Sacramento County Superior Court in City of Adelanto,
13 et al.. v. County of San Bernardino, Judicial Council Coordination Proceeding No. 2584.
14 References to "Settlement Agreement" in this Agreement shall mean the agreement
15 identified in the preceding sentence. This Settlement Agreement provided for the
16 COUNTY to charge actual costs for criminal justice administrative fees after February
17 10,2001.
18 The Parties desire to change the rate provision and other provisions of the
19 Settlement Agreement for fees imposed after February 10, 2001.
20 Therefore, COUNTY and CITY agree to the following terms and conditions:
21 1. Notwithstanding Section 3.d. of the Settlement Agreement and the provisions
22 of any other Supplemental Settlement Agreement entered into between the Parties, the
23 Parties agree that the CITY shall pay a criminal justice administrative fee at the flat rate
24 of $159.72 for each booking and other processing, as referred to in California
25 Government Code Section 29550 and as defined in "the Order" identified in the
26 Settlement Agreement, performed by the COUNTY in connection with arrests made
27 within the jurisdictional boundaries of the CITY after February 10, 2001. This rate shall
28 remain in effect unless changed as hereinafter provided in this Agreement.
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1 2. In the event that the COUNTY's actual costs incurred for booking and other
2 processing, as referred to in California Government Code Section 29550 and ~s defined
3 in "the Order" identified in the Settlement Agreement, increase by twenty-five percent
4 (25%) or more over the COUNTY's actual costs as of February 10, 2001, or in the event
5 that the State of California's reimbursement for booking fee costs incurred by the cities
6 within the County of San Bernardino is reduced by twenty-five percent (25%) or more,
7 written notice of the former event shall be given by the COUNTY to the CITY, and
8 written notice of the latter event shall be given by the CITY to the COUNTY, and the
9 Parties thereafter shall reopen negotiations concerning the rate to be charged by the
10 COUNTY for such booking and other processing. If negotiations do not result in an
11 agreement within 180 days of the date of said written notice, the provisions of Section
12 3.d. of the Settlement Agreement shall thereafter be reinstated in full such that the rate
13 charged by the COUNTY for performing the activities properly includable in booking and
14 other processing, as referred to in California Government Code Section 29550 and as
15 defined in "the Order" identified in the Settlement Agreement, performed by the
16 COUNTY in connection with arrests made within the jurisdictional boundaries of the
17 CITY shall be the amount of the actual costs incurred by the COUNTY or such lower
18 rate as the COUNTY's Board of Supervisors imposes pursuant to its authority to set
19 COUNTY fees. The COUNTY shall provide the CITY with adequate documentation
20 supporting its calculation of the criminal justice administrative fee. Nothing herein shall
21 be treated as a waiver of the ability of the CITY to contest or challenge any such
22 recalculation of the COUNTY's criminal justice administrative fee as being either
23 computationally in error or unsupported by law,
24 3. The following paragraph contained in Section 4 of the Settlement Agreement i
25 hereby deleted by the Parties and declared to be null and void and of no force or effect:
26 "The parties shall consider the recommendations of the joint
27 committee established in Section 6 herein, and prior to February 11, 2001,
28 shall agree on a procedure to be instituted for a City executing this
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1 Agreement to contest the proper allocation of billed criminal justice
2 administrative fees andlor interest for bookings and other processing, a~
3 referred to in California Government Code section 29550 and as defined
4 in "the Order" occurring after February 10, 2001,"
5 4, Upon request of the CITY, the COUNTY, through either its Central Collections
6 Division or a contract firm used by the COUNTY, shall engage in reasonable efforts to
7 collect on behalf of the CITY all booking fee charges imposed on convicted defendants
8 by the courts which the CITY is entitled to recover under California Government Code
9 section 29550.1. All such funds recovered by the COUNTY shall be immediately
10 remitted to the CITY after deduction therefrom of any collection costs incurred by the
11 COUNTY. COUNTY collection efforts under this paragraph shall only be required if
12 COUNTY determines it is practical to do such work through its Central Collections
13 Division or through a contract.
14 5. The Parties understand and agree that this Agreement is intended only to
15 supplement the Settlement Agreement reached by the Parties with respect to all matter
16 contained therein, and entered as part of the judgment, in City of Adelanto. et aI., v,
17 County of San Bernardino, Judicial Council Coordination Proceeding No. 2584. The
18 Parties hereby affirm their understanding of the terms of that Settlement Agreement and
19 any Supplemental Settlement Agreements as well as this Agreement, and understand
20 and agree that they are still bound by all terms of the Settlement Agreement and any
21 Supplemental Agreements and the judgment in Cit of Adelanto et al. v. Count of San
22 Bernardino, Judicial Council Coordination Proceeding No. 2584, that are not expressly
23 modified by this Agreement or any other written Supplemental Agreements between the
24 Parties, The Parties agree that this Agreement is a binding contract and not merely a
25 recital. The Parties further understand and agree that this Agreement may not be
26 altered, amended, modified, or otherwise changed in any respect or particular
27 whatsoever, except in writing duly executed by both Parties by their authorized
28 representatives.
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CITY CLERK'S OFFICE
RACHEL G, CLARK, CM.C, - CITY CLERK
P.O. Box 1318. San Bernardino' CA 92402
300 North "D" Street. San Bernardino. CA 92418.0001
909.384,5002. Fax: 909.384.5158
Business Registration Division: 909.384.5302
Passport Acceptance Facility: 909.384.5128
www.cLsan-bernardino.ca.us
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May 29, 2001
Fred Aguiar
Chairman, Board of Supervisors
430 North Vineyard, Suite 315
Ontario, CA 91764
Dear Mr. Aguiar,
At the Mayor and Common Council meeting of May 21, 2001, the City of San Bernardino
adopted Resolution 2001-109 - Resolution authorizing execution of supplemental settlement
agreement between the City of San Bernardino and the County of San Bernardino relating to
criminal justice administrative fees.
Enclosed is one (1) original agreement. Please sign in the appropriate location and return the
original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San
Bernardino, CA 92402, as soon as possible.
Please retain a copy of the agreement for your files.
Please be advised that the resolution and agreement will be null and void if not executed
within 120 days, or by September 18, 2001.
If you have any questions, please do not hesitate to contact me at (909)384-5002.
Sincerely,
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Michelle Taylor -
Senior Secretary
Enclosure
cc: Fred Wilson, City Administrator
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity. Accountability. Respect for Human Dignity. Honesty
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CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
July 23, 2001
TO:
Fred Wilson, City Administrator
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2001-109 - Supplemental Settlement Agreement
CC:
Attached is an executed copy of the supplemental settlement agreement between the City of San
Bernardino and the County of San Bernardino relating to criminal justice administrative fees,
If you have any questions, please call me at ext. 3206,
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Resolution # '2 tJ:J t ' \ 0 '1
Abstain.t;;}. Absent...&-
Meeting Date (Date Adopted): 5-:;J I-a \ Item # ~
Vote: Ayes~. f") Nays-G-
Change to motion to amend original documents: '-
Reso. # On Attachments:
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Contract term:
Note on Resolution of Attachment stored separately: -=-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor: 5 - 23- 0 \
Date of Mayor's Signature: .6 -,;15-0 \
Date of ClerklCDC Signature: 5"' .2 5 -0 \
NullNoid After: rzO DA~:;' J C)-IN \
f
By:
Reso. Log Updated:
Seal Impressed:
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Date MemolLetter Sent for Signature: 5" -dC\- I:) \
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached:"'/ Date Returned: 1-/1-0 I
See Attached:
See Attached:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234,655,92-389):
Copies Distributed to:
City Attorney ,/
Parks & Rec.
Code Compliance
Dev. Services
Public Services
Water
Police
Notes:
Yes ./ No By
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Yes No ,/ By
Yes No 7' By
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Yes NO~ By
Yes No By
EDA
Finance MIS
Others: ~ J\-Dml"I~~floroI<..
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc,)
Ready to File: ~
Date:!-'l3-tl \
Revised 01112/01