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Home My WebLink AboutRESOLUTIONS - 12091986 - 86-704 _ w 1-03 TBE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on December 9 , 19H by the following vote• AYES: Supervisors Fanden, McPeak , Schroder , Torlakson , Powers . NOES: None . ABSENT: None . ABSTAIN: None . ----------------------------------------------------------------------- ---------------------------------------------------------------------- SUBJECT: Fixing Court Filing Fees ) RESOLUTION NO. 86/704 for Calendar Years 1987-1988 ) (Govt.C, Sections 68090 and 72056. 5) The Contra Costa County Board of Supervisors RESOLVES THAT: 1. Pursuant to the authority in Government Code Section 26820 .8 (as interpreted by the Legislative Counsel) , Section 68090 and Section 72056. 5, this Board hereby fixes the following%omponent and total court filing fees in this County for calendar years 1987 and 1988 under the following Government Code Sections: Government Code Secs. 26820. 4 and 26827 (Super.Ct.Pl' s. & Probate 1st paper, etc. ) Judges' Retirement (Sec. 26820. 6, 26822. 3 ) $ 3 Court Reporter (Sec. 26820.6 , 70053 , 70056.5) 18 Law Library (Sec. 26820.6, B&P C. Sec. 6322. 1, Bd/Sups. Res. 80/596) 11 Clerk (Sec. 26820. 6, 26821, CCP Sec. 411. 20) 75 Automated Recordkeeping System (Sec. 26863 . 6/ Res. 756 ) 1 TOTAL FEE $108 Government Code Sec. 26826 (Super.Ct. Def ' s. 1st paper, etc. ) Judges' Retirement (Sec. 26820. 6, 26822,. 3 ) $ 3 Court Reporter (Sec. 26820.6, 70056. 5) 18 Law Library (Sec. 26820.6, B&P C. Sec. 6322.1, Bd/Sups. Res. 80/596) 9 Clerk (Sec. 26820.6, 26821, CCP Sec. 411. 20) 47 Automated Recordkeeping System (Sec. 26863 . 6/ Res. 756) 1 TOTAL FEE $ 78 Government Code Sec. 72055 (Muni. Ct. P1' s. 1st paper, etc. ) Judges' Retirement (Sec. 72055, 72056.1) $ 2 Court Reporter (Sec. 72055, 73346) 18 Law Library (Sec. 72055, B&P C. Sec. 6322.1, Bd/Sups. Res. 80/597 ) 9 Clerk (Sec. 72055,68090, CCP Sec. 411.20) 21 Automated Recordkeeping System (Sec. 68090.7, 26863) 1 TOTAL FEE $ 51 Government Code Sec. 72056 (Muni. Ct. , other 1st papers, etc. ) Judges' Retirement (Sec. 72056, 72056.1) $ 2 Court Reporter (Sec. 72056, 73346) 18 Law Library (B&P C. Sec. 6322.1, Bd/Sups. Res. 80/597) 9 Clerk (Sec. 72056, 68090, CCP Sec. 411.20) 14 Automated Recordkeeping System (Sec. 68090.7, 26863 ) 1 TOTAL FEE $ 44 RESOLUTION NO. 86/704 {{/q� _•n -2- 2. Effective Date. Pursuant to Government Code Sec. 26820. 8 (as interpreted by the Legislative Counsel) , Section 68090 and section 72056. 5, these become effective on January 1, 1987. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. DEC 9 1986 ATTESTED: PHIL BATCHELOR, Clerk of the Board of Supervisors and Count Administrator By , Deputy Orig: County Administrator cc: Judicial Council County Clerk Superior Court Administrator Municipal court Administrators County Auditor-Controller County Counsel Law Librarian County Bar Association RESOLUTION NO. 86/ 7.04 1.35 b The Board of Supervisors of Contra Costa County, California Adopted this Order on December 9, 1986 by the following vote: AYES: Supervisors Fanden, Schroder, McPeak, Torlakson, Powers NOES: None ABSENT: None ABSTAIN: None SUBJECT: Proposed Funding Source for Community Conflict Resolution Programs In its consideration of adopting Resolution 86/704 relative to fixing the court filing fees for calendar years 1987 and 1988, the Board discussed the need to identify a revenue source to fund community conflict resolution programs and inquired if a portion of the court filing fees could be allocated for these programs. THEREFORE, IT IS BY THE BOARD ORDERED that this matter is REFERRED to the County Administrator for report on the December 16, 1986, Determination Calendar on the use of a portion of the Court filing fees to fund community conflice resolution programs. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: _December 9, 1986 PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator By Deputy Clerk Cc: County Administrator Conflict Resolution Panels of Contra Costa County 171 Mayhew Way, Suite 210 • Pleasant Hill, California 94523 • Telephone: 932-8253, 935-4249 December 2, 1986 Advisory Board Judge William R.Channell D Superior Court Contra Costa County Hon. Tom Powers, Chairman �p Judge Douglas R.Cunninghan Board of Supervisors of DEC R 1986 Municipal Court Contra Costa County Concord 651 Pine Street, Room 106 ot-APOWE13S Council of Churches St1PF ,'xF.OP.D15'RICTUO of Contra Costa County Martinez, California 94553 Co Jack E.Garner Chief of Police Martinet Dear Supervisor Powers: Sara M.Lake Dean,Schoolof Law This letter is to bring to your attention (1) a John F.Kennedy University tremendous opportunity to improve and greatly expand William A.O'Malley cost-effective and people-sensitive dispute resolution District Attorney throughout Contra Costa County, and (2) the need for Contra Costa County urgent action by the Board of Supervisors if that Richard K.Rainey opportunity is to be realized in the next few years. Sheriff-Coroner Contra Costa County ContraCostaC County 41e know that you and your colleagues on the Board Phyllis L.President are familiar with alternative dispute resolution and Diablo Valley College specifically the Conflicts Resolutions Panels of Contra Costa County. Our nonprofit, volunteer program has been in operation for 4 years and it has been almost 2 years since our Executive Director, Cleo Day Heilig, met with the Board to explain our purposes , promises and accomplishments. We have made our community mediation services available at no charge to a growing number of individuals and public and private entities , including judges, the District Attorney's office and several city attorneys, for a widening variety of disputes, to the point that we can do so throughout the entire County. In fact, the Board itself, per Mr. Scott Tandy, has recently requested that our program assist in resolving a particular situation, and we understand that Supervisors Fanden and Schroder will be meeting with Cleo Day Heilig on it later this month. Our program has been exceptionally well received and has achieved many successes. nevertheless, it has been able to contribute only a small part of what it might because of the lack of funding for developmental , (continued . . . ) Y ' Hon. Tom Powers December 2, 1986 Page Two educational , promotional and operational expenses. Our situation is not unique. Throughout the State community dispute resolution programs have shown what a great contribution they can make to meeting increasingly sever societal and economic pressures in our increasingly complex world, but only if basic funding is provided. The vital role of alternative dispute resolution programs, such as ours, and the need for a source of funding to facilitate their expansion and further development, have been recognized at the state level . Within the last few weeks the Legislature passed and the Governor signed Senate Bill 2064, sometimes referred to as the Dispute Resolution Program Act, which establishes a system to encourage and fund community mediation and like alternative dispute resolution programs. That resolution is effective January 1, 1987, and a copy of it is attached. (Perhaps you have already seen it; unfortunately, it did not come to our attention until a few'days ago. ) Briefly stated, this, Act authorizes each County .to establish a program of grants to nonprofit and public entities for the establishment and continuance of dispute resolution programs such as mediation, conciliation and arbitration. In order to fund these activities, the Act allows the County to include from $l to $3 in the total fees it collects for the filing of a first paper in civil actions in its superior and municipal courts. (State funding of alternative dispute resolution programs is to be considered at such time as the State assumes responsibility for the funding of the trial courts. ) Also, the Act establishes a state "Dispute Resolution Advisory Council ," to be appointed by the Governor, Senate Rules Committee and Speaker of the Assembly, which is responsible for developing standards for County grant-making, monitoring and evaluation, and similar matters. Although this legislation is not effective until January 1st . . . and County grants cannot be committed to fund community mediation and like programs until initial standards have been .adopted by the state Advisory Council ,. which is not likely to occur until mid-1987 . . . there is need for immediate action by the Board of Supervisors if Contra Costa County is to have an opportunity to participate in dispute resolution funding during the next two or more years. As noted above, the alternative dispute resolution activities in a County are to be funded by additions to "the total fees collected and fixed, pursuant to Sections 26820.4, 26826, 263227, 68090, 72055, and 72506 of the Government Code for the filing of a first paper in a civil action in the superior court or the municipal court, other than a small claims action. ," in the County. California Government Code Section 6SO90, concerning the fixing of those fees, provides as follows: The board of supervisors may, within the 90 days preceding January 1, 1981, and within the 90 days preceding January 1 of each odd-numbered year thereafter, by resolution, fix the amounts to be charged as total filing fees in the courts within the county pursuant to Sections 26820.4, 26826, 26827, 72055,. and 72065, and establish the components thereof, for the succeeding two=year-period. A copy of each such resolution shall be forwarded promptly to the (continued . . . ) Hon. Tom Powers December 2, 1986 Page Three Judicial Council . If no resolution is adopted pursuant to this section, the fees shall continue in the amounts previously authorized. In other words, if the Board of Supervisors is to add to the filing fees for the years 1987 and 1988, in order to be able to fund alternative dispute resolution activites during that time, it apparently must act, by adopting a resolution increasing those fees, rp for to midnight December 31st of this year. (We are informed, for example, that the Los Angeles County Counsel has expressed his opinion that action before year end is needed, and that the LA County Board of Supervisors is considering such a .resolution on an urgency basis. ) We would like to meet with you and the other Supervisors as soon as possible to discuss haw we can assist the County in implementing this important opportunity. Our Executive Director will contact your office in the next day or two. In the meantime, thank you for your awareness and dedication to improving the quality of community life in Contra Costa County. Sincerely, jJoyce i'ckeyChair Board of Directors Conflict Resolution Panels of Contra Costa County cc: Hon. Nancy C. Fanden Hon. Sunne Wright McPeak Hon. Robert I. Schroder Hon Thomas A. Torlakson (w/ encls) Members of the Advisory Board Conflict Resolution Panels of Contra Costa County Cleo Day Heilig, Executive Director Conflict Resolution Panel of Contra Costa County (w/o encls)