HomeMy WebLinkAboutMINUTES - 01101989 - IO.3 =TD: '. BOARD OF SUPERVISORS I . 0. 3 }}
FROM: INTERNAL OPERATIONS COMMITTEE �.J�.JI tra
January 9 , 1989 (J�.JJLU
DATE* COJ*
Solid Waste Public Information
SUBJECT: Funding Alternatives
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1 . Defer action on this item until the Board of Supervisors
makes a decision on whether or not to opt-in to the Trial
Court Funding Act.
2 . Once that decision is made, request the 1989 Internal
Operations Committee to consider County Counsel ' s memorandum
on this subject dated January 5, 1989 to make further
recommendations to the Board of Supervisors.
3 . Remove this item as a referral to our Committee.
BACKGROUND:
On December 20, 1988, the Board of Supervisors approved a report
from our Committee asking the County Counsel to advise our .
Committee whether the additional revenue resulting from an
increase in the bail schedule for littering offenses could be
dedicated by the Board of Supervisors to a solid waste public
education program.
On January 9 , 1989, our Committee reviewed the attached opinion
from County Counsel indicating that the Board of Supervisors can
dedicate - that portion of the revenue from increased fines on
littering offenses to a solid waste public education program, but
that the Board might want to wait until a decision is made on
opting in to the Trial Court Funding Act. If the County opts
into the Trial Court Funding Act and adopts a Resolution as
required by State law, then 1000 of the proceeds from an increase
in the bail schedule can be retained by the County, up to
$100,000 per year. In this case, the Board of Supervisors could
dedicate that portion of this new revenue which is attributable
to the increased fine on littering offenses to a solid waste
public education program. However, if for some reason the County
does not become an option county under the Trial Court Funding
Act, the increased revenue from such littering offenses must be
divided pursuant to existing law with the cities and other
jurisdictions, and only the County' s portion of such increased
revenue can be dedicated to any specified purpose.
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR X RECOMMENDATION OF BOARD COMMITTEE
XAPPROV _ OT R �---T
SIGNATUREISI: SUnne W. McPeak Tom Torlakson
ACTION OF BOARD ON January 10, 1989 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT ? AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: County Administrator ATTESTED /to /,Peg
County Counsel
Community Development Director PHIL SATCHEL CLERK OF THE BOARD OF
David Okita, Community Development SUPERVISORS AND COUNTY ADMINISTRATOR
M382/7-83 ,DEPUTY
+ r,
Page 2
Our Committee agrees that no action should be taken on this issue
until the issue of Trial Court Funding is resolved. We are,
therefore, recommending that this issue be referred to the 1989
Internal Operations Committee with the request that they review
this matter further with staff after the Trial Court Funding
decision is made and return a recommendation to the Board of
Supervisors.
COUNTY COUNSEL'S OFFICE
CONTRA COSTA COUNTY
MARTINEZ, CALIFORNIA
Date: January 5, 1989
To: Internal Operations Commission
From: Victor J. Westman, County Counsel
By: Andrea W. Cassidy, Deputy County Counsel*�
Re: Dedication Of Increased Fines: Solid Waste Public
Education
Question: May the Board of Supervisors dedicate the
increased amounts of fines imposed by the Municipal Courts for
litter offenses to a solid waste public education fund?
Answer: Yes, up to $100,000 annually if the County opts in
to the Trial Court Funding Program and then adopts a resolution
increasing fines and directing the increment to be deposited in
the County General Fund. Otherwise, the usual allocation (i .e. ,
Penal Code, § 1463) of the increased fines exists between the
County and cities and the County may only dedicate its portion of
the increased fines .
DISCUSSION
Penal Code section 1463 sets forth the distribution of
monies collected as fines and bail forfeitures in Municipal
Courts . We have been asked whether the County may increase the
fines for violations of Penal Code section 374 . 3, and Vehicle
Code sections 23111, 23112, and 23114 and dedicate the additional
fines to a solid waste public education fund. The Board of
Supervisors may dedicate money in the general fund for a specific
purpose. (Gov. Code, § 25252 . )
The Board of Supervisors may not dedicate that portion of
the increased fines which is payable to the cities pursuant to
Penal Code section 1463 . However, if the County opts in under
the Trial Court Funding Program and the County adopts a
resolution directing that future increments in fines and
forfeitures be deposited into the General Fund, for each year it
remains an option county, the County could retain the entire
increase in the fines and forfeitures up to $100, 000 annually
until December 31,' 1992 . (Penal Code, § 1463 . 28 . ) The
requirement that 50% of litter fines and forfeitures be used for
local litter clean up set forth in Penal Code section 1463 . 9,
would not apply to the future increments if the County has opted
into the Trial Court Funding Program. (Penal Code, § 1463 . 28. )
If the County does not ".opt in, " the same allocation between the
Internal Operations Committee -2- January 5, 1989
County and cities as provided by Penal Code section 1463 would
apply to the increased fines or forfeitures and the County is
free to dedicate its section 1463 share of the increase to the
solid waste public education fund.
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