HomeMy WebLinkAboutMINUTES - 03221988 - 1.12 TO: BOARD OF SUPERVISORS
FROM: victor J. Westman, County Counsel I C n�tra
Vickie .L. Dawes , Deputy County Counsel
CJx.IJICI
DATE: March 16 , 1988 (�0
SUBJECT: Settlement Agreement
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AM JUSTIFICATION
RECOMMENDATION:
Authorize the Board Chairman to execute the settlement agreement
on behalf of the County in City of Antioch, et .al . ..v. Contra Costa
County, et al .
FINANCIAL IMPACT:
The County- will now share with the Cities fines and forfeitures
collected from defendants on summary probation, ,,,but the County
will receive 12 1/2o ,of those fines and forfeitures as a
collection fee .
REASONS FOR RECOMMENDATION/BACKGROUND:
The Cities prevailed on their motion for summary adjudication of
issues in May of 1987 . Thereafter , the parties 'entered into an
interim Settlement Agreement to lay the groundwork .for a final
settlement . The terms of the final .agreement are summarized in
the attached Executive Summary of Settlement Agreement (Municipal
Court Fines ) .
The .County is the first party to sign this agreement.
t
CONTINUEDONATTACHMENT: YES SIGNATURE; AIA�
•
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OFI:B ARD COMMITTEE
APPROVE OTHER .
SIGNATURE LaL. _
ACTION OF BOARD ON March Z7 A11PROVED AS REC�',MME}iDED X OTHER ,
VOTE OF SUPERVISORS ' 4
1 HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT III ) 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 Probation ATTESTED March 22 , 19.88
Auditor-Controller ORC PHIL BATCHELOR, CLERK .OF THE BOARD OF
Municipal Court Administrator SUPERVISORS AND COUNTY ADMINISTRATOR
County Counsel
Treasurer-Tax Collector
BY • ,DEPUTY
M382/7-83 -
Executive Summary Of
Settlement Agreement
(Municipal Court Fines)
The committees for the Cities and the County have agreed to
recommend settlement of the lawsuit filed by the Cities to recover
Municipal Court fines and forfeitures collected since May 1, 1983 from
defendants placed on summary probation. Following is a brief summary of
the terms of the proposed Settlement Agrement.
1 . County will pay to Cities the sum of $2, 299, 311 which
represents the estimated total fines collected from May 1 , 1983 through
August 31 , 1987 ($2,459, 955 ) less a collection fee of 12 1/2%, plus
simple interest at 7% per annum, as provided by law;
2 . The $2, 299,311 will be paid back as follows : $250,000 by
June 30, 1988; $300,000 during FY 1988-89 and $500,000 per fiscal year
thereafter .
3 . The County will adopt a resolution authorizing imposition
of an additional $100 assessment under newly enacted legislation (AB
2519) and will use these monies ( including the share Cities would
otherwise receive) to repay Cities. Cities will receive all the revenue
from AB 2519 assessments following the pay-back period unless AB 2519 is
repealed. AB 2519 applies only to Contra Costa County and but for its
passage, these funds would not. be available for distribution to .the
Cities.
4. County will guarantee Cities repayment of the $2, 299, 311 ,
regardless of whether AB 2519 monies are sufficient.
5 . Monies collected since September 1 , 1987, from defendants
convicted prior .to September 1, 1987 ( "old collections" ) shall be paid
to Cities as received based on the percentage for each City of 1986-87
traffic collections .
6. The County will receive a 12 1/2% collection fee for all
fines collected on and after September 1 , 1987 to reimburse it for its
costs of collection.
7 . Cities will--set aside $814,400 and County will contribute
$185,600, for a total of $1 ,000,000, into an escrow to be used to fund
joint criminal justice automation projects as agreed to between the
County and two-thirds of the Cities within two years.
8. The sum of $2,299,311 shall be apportioned among the 18
Cities based on percentages for each City derived from actual traffic
safety fine collections during the same period of time from defendants
who paid their fine to the Court at the time of conviction.
9. County will maintain its current collection effort.