HomeMy WebLinkAboutMINUTES - 12151998 - D3 TO: BOARD OF SUeERVISORS
FROM: KEN TORRE, Executive Officer, Superior Court
DATE: December 15, 1998
SUBJECT: increase in Dispute Resolution Program Act Fee
SPECIFIC REQUEST(S)'OR RECOMMENDATION(S) & BACKGROUND AND
JUSTIFICATION
RECOMMENDATION
I. Increasse the Dispute Resolution portion of the filing fees in the Superior Court from $3.00 to $8.00,
effective January 1, 1999.
2. Exclude the incremental $5.00 increase from the definition of"total fee" as provided for by Section
470.3 of the Business and Professions Code.
3. Specify that the incremental $5.00 fee will generate funds earmarked for program priorities identified
by the Superior Court through the County Dispute Resolution Coordinator.
FINANCIAL IMPACT:
The fees paid by parties for filing the first paper in a civil action in the Superior Court will increase by
$5.00. This action will have no effect on the County General Fund and no direct impact on funds
forwarded to the state Trial Court Operations Fund.
BACKGROUND
The current Dispute Resolution Program fee is$3.00. With the passage of AB2943 in the 1995-1996
legislative session, Government Code sections 26820.6 and 72055 were amended. 'These changes enabled
the county beard of supervisors to pass a resolution allowing the dispute resolutionfee to be excluded
from the total filing fee so that the trial court operations trust funds forwarded to the state would not be
reduced.
The increased fee will generate funds to support dispute resolution programs which serve community
needs and complement court functions. Program priorities will be reviewed annually by the court in
collaboration with the County Dispute Resolution Coordinator and funding priority will be given to
community-based service providers.
CONTINUED ON ATTACHMENT:—YES,.,_X_,NO SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR„_,.RECOMMENDATION OF BOARD COMMITTEE
SIGNATURES`
ACTION OF BOARD ON D e C emb @ r 15, 1 298 APPROVED AS RECOMMENDED.ZXOTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
TRUE AND CORRECT COPY OF AN
XX UNANIMOUS(ABSENT y AN ACTION TAKEN AND ENTERED
AYES: NOES ON MINUTES OF THE BOARD OF
ABSENT: __-ABSTAIN: SUPERVISORS ONT HE DATE SHOWN
ATTESTED December 15 a 1998
PHIL BATCHELOR,CLERK OF
THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
�Aus..J/k
CC: CAC)JUSTICE SYSTEMS PROGRAMS BTAM AW DEPUTY
Auditor-Controller
SUPERIOR COURT
TO: BOARD OF SUr 'VISORS
FROM: PHIL J. BATCHELOR, County Administrator
DATE: November 19, 1998
SUBJECT: FIX HEARING FOR INCREASE IN DISPUTE RESOLUTION FEE
Specific Request(s) or Recommendations(s) & Background & justification
RECOMMENDATION:
FIX December 15, 1998, at 2:00, for public hearing to consider increasing the Dispute Resolution flee
from $3.00 to $8.00.
FINANCIAL. IMPACT:
No negative impact. The Dispute Resolution Program is fully revenue offset by these funds which are
generated from a three dollar filing fee on civil actions in the Superior Court. No County general funds are
involved.
REASONS FOR RECOMMENDATION/BACKGROUND:
The Dispute Resolution Program Act of 1986 (Business and Professional Code Sections 465, et seq.) provides
for the establishment and funding, at County option, of local dispute resolution services as an alternative to
formal court proceedings. The Act authorized participating counties to increase Superior, Municipal and
justice Courts filing fees from one to three dollars for the purpose of funding the local dispute resolution
programs. A recent amendment authorized an increase in the fee from three to dight dollars.
CONTINUED ON ATTACHMENT: YES
Signature:
Recommendation of County Administrator
Recommendation of Board Committee
Approve . Other
Signature(s):
Action of Board on: 12/1198 Approved as Recommended x Other
Vote of Supervisors: I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
x Unanimous(Absent ) AND ENTERED ON THE MINUTES OF THE
Ayes: Noes:_ BOARD OF SUPERVISORS ON DATE SHOWN.
Absent: Abstain:
. Attested: December 1, 1998
cc: CAO-justice System Programs Phil Batchelor, Clerk of the Board
Superior Court of Supervisors and County Administrator
Contact: Lisa Driscoll 335-1055 By: DEPUTY
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PROOF OF PUBLtCATtON
RECE V
(2015.5 C.G.P.) sora Chambers, tf31 Pine
Street, Room 107,Martinez
the EX. Resowtion 1J 170
STATE OF CALIFORNIA fess ooliectsd with fees
County of Contra Costa opharged for Hing certain a>
Contra Costs couunoryCO�ofor
I am a citizen of the United States and a resident of the written presentations on the CiER SSESSMENTAPPEALS SOAR
Count aforesaid; l am over the age of eighteen ears, fee changes a be coneid CONTRA COSTA CO.
V 9 $ Y Bred et the meeting.
and not a party to or interested in the above-entitled Summary sheets describing
matter. the chances are available for
review in Martinez at Superior
I am the Principal Legal Clerk of the Contra Costa Times, Cant Administratkn, 102Q
Ward Strest, let Floor. For
a newspaper of general circulation, printed and published additionalJudy information,plea .
at 2640 Shadelands Drive in the City of Walnut Creek, eall Lyfle at (925)
County of Contra Costa, 94598. NOTICE OF A PUBLIC
MEEMIMANC PHIL BATCHELOR, Clerk of
And which newspaper has been adjudged a newspaper of AVAILABILITY OF DATA �e Boaounty tof Supervisors and
general circulation by the Superior Court of the County of The Board of Supervisors will Administrator.
Contra Costa, State of California, under the date of hold a public meating on De- Ann Carrell(
October 22, 1934. Case Number 19764. oember 15 1998 at 2:00 Chief Clerk,185sc
P.M.,in the card of Super A- LeegW CCT 4840
Publish December 3,9,1998
The notice, of which the annexed is a printed copy (set in
type not smaller than nonpareil), has been published in
each regular and entire issue of said newspaper and not
in any supplement thereof on the fallowing dates,to-wit:
December 3.9
all in the year of 1998
1 certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Executed at Walnut Creek, California.
On this 9 day of December, 199 RECEIVED
Signature
Contra Costa Times
P O Sox 4147
Walnut Creek, CA 94596
(514)935-2525 CLE AK ARD OF SUPERVISORS
iCOWRA COSTA 00_
Proof of Publication of:
(attached is a copy of the legal advertisement that
published)