HomeMy WebLinkAboutMINUTES - 03081994 - FC.1 To: BOARD OF SUPERVISORS Contra
yrs c
FROM: Costa
Finance Committee a+ s
x� _�•�.� :.e:. :¢ County
DATE: �rT+couN�
March 8, 1994
SUBJECT:
PENALTY ASSESSMENTS UNDER DELTA PROTECTION ACT of 1992
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
1. Direct Municipal Courts to notify California Highway Patrol, East Bay
Regional Park District and to remind California Department of Fish and
Game of procedures for identifying penalty assessments.
2. Accept Finance Committee report on Penalty Assessments under Delta
Protection Act of 1992.
FISCAL IMPACT:
None, except for County staff time and data processing costs involved with
development of report information.
BACKGROUND:
In response to a letter from the Delta Protection Commission, the Finance
Committee met on February 28, 1994, to hear Municipal Court and Sheriff
Department staff explain what procedures are being followed to identify, record
and collect penalty assessments for various Delta violations. - The Delta
Protection Commission is partially.funded by this assessment and has received
no assessment revenues.
CONTINUED ON ATTACHMENT: ._YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): Tom Torlakson 6. Gayle Bishop .
ACTION OF BOARD ON a t APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
1 I HEREBY CERTIFY THAT THIS IS A TRUE
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 ADA,T�E,SHOWN. �j q
-- - --- - - - ATTESTED
Contact:`',UNDA: u� ELE.y �,- s'1Q. PHIL BATCHELOR,CLERK OF THE BOARD OF
cc: Delta Protection Commission SUPERVISORS AND COUNTY ADMINISTRATOR
Sheriff, Patrol
Municipal Court Administration
County Administrator BY DEPUTY
Page 2
Nancy Rampani, District Court Manager for the Delta Court, and Judy Lytle
from Municipal Court Administration explained that although steps to identify
the penalty had been in place since December of 1992, there were very few
tickets identified with penalty assessments. More importantly, total fish and
game fine revenue collected by the Delta Municipal Court was insignificant.
From July 1993 and December 1993 only 6 citations identified as penalty
assessment violations were filed. Total 1993 fish and game fine revenue
collected was $9,854. (Please see attached Municipal Court report.)
Captain Gackowski of the Sheriff Department indicated that the department is
following the identification procedures established by Municipal Court
Administration in December of 1992. He noted the small portion of Delta
citations identified for penalty assessments and will work with his staff to
improve identification procedures. The Municipal Courts will work with their
staff to ensure that all violations with a penalty assessment are recorded.
Also, they will notify citation issuing agencies, such as East Bay Regional Park
District and California Highway Patrol, of procedures for identifying the penalty
assessment.
The Committee recognized that as long as revenue from fish and game fines,
and other Delta violations is small, the Delta Protection Commission will
receive very limited revenues from penalty assessments. Supervisor Torlakson
mentioned a sticker plan for boats in the Delta and a special "Delta" car
license plate as possible alternative funding sources. Judy Lytle thought a
surcharge added to fishing licenses for individuals fishing in the Delta could be
a possible, stable funding source.
- . . JQ\��t`-utsra,cTscOAJ ADMINISTRATIVE OFFICE
OF
CC
y THE MUNICIPAL COURTS
BAY -DELTA • MT.DLABLO - WALIWT CREEK-DANVILLE
J'~�`r' •w >,y�coo P.O.Box 4068. WalnUE Creek,.California 94596-0068
(510)646-6007 Fax Ntumber(510)646-6002
TO: Finance Committee
�
FROM Nancv R a!llpar11�1 , i i i Str'i ct Court f1lanager - Delta & Hit . Diablo
JuCi`✓ Is
✓ E iA: A+.ij11i it i t-I -:i ve I"l=,nagelSUBJECT: Perp:i ty Aessmerlts Under Delta Protect i ort Act of 1992
DATE: Fe'DI-Lid-P `n 1994
Thej`'IllfiiClDd1 O111'ts 0i.. ciC'C. 3PceIii, Fi' 1992 t0 d'2VelOI�
a pr0cedl_1r'e that would pet mit agencies to identify for the Cou1'ts
a i11t1C+d l0 aCCoUn; for the 1(1`.; perlal / Slll'C'ICii'C( •111C1CC� �O T1sil
and Cjdine and harbor i"1 V 1 plc"it 1 On v1 G.1 ci1 1 C?ii5 UCCl1T'i%1 nC! �• i tf'I i r! the
De I tE, . A illemo wad sent t�% tele Cal 1 fo-r—n i a Department Of F1 sill and
riFt11 and the rCi.i l''CI ll+ t.ct C llllty' J�lP1.' if s DE�IiCir i1;r�llt Nicii ICIE'.
Sel'v 1 r.eS I�1 'J -r1 _'i; _ ! _+ . i i t'i�C ctC:t i Vn necessary by c 1 l na
aCjerlC- eS }-o 1 rl_;llt e that. the 10' SurChar'Cje 1 s 1 ill•ipos' _i ( Sep
•:tttC. !il� +, i l'ie Eiji ly ;iC .Jrl )"pCj til .'ed Iby to a+jeil Cy i S T.!ie
.ii i-ect.i y after' the v i of I ! i '�+
11'1 C I allde
L. Van Marter, Assistant County Administrator, regarding the lack
of in`;, Delta _ill 'I1 Ci C;cl(lle a-SSeSs!llent i Ems' attcichlileilt
r2 j At the-, ti tile , we re0 et:.led our procedhi"'cs t0 i !-ISUre that if
the ticket were Uy"opel' I y 1 +_ienti f i ed t iat we had ,,roped y r'ecordeCl
the citation .
in response to the Cui'rt:_,rlt 111Cjui 1'v reciar'di nq, the lack of 10%
Delta fish and game penalty assessment revenue , we requested a
special computer listing of citations filed with the Delta
Municipal Court that had a "/D" violation between July 1993 and
December 31 , 1993 . Six cases were identified as having a " //D" .
Of the six cases , one was referred to Juvenile Probation , three
are currently Elt wzdrrant status , one defendant was given jai t
time in lieu of fine , and one was dismissed on proof of
correction .
We also uu : ied a sampling of fish and game and harbor and
navigation citations issued since January 1 , 1993 . Of 29
citations reviekried 3 had "/D" violations which had not been
entered by court staff, however', two of the three diel not have
the "/D" following the violation number, it followed the
violation description . The remaining 26 citations did not have a
" /D" identified . (We are not in the position to make the
determination regarding "/D" applicability . ) We noted that �'the
California Highway Patrol and East. Bay Regional Park District do
cite in the Delta and need to be notified of the 10o Delta
penalty assessment procedure . We will take action to notify
them.
The Delta Municipal Court collected a total of $9, 854 in
fish and game fines during 1993 . If the 10% penalty was eligible
for assessment in all cases in which a fine was collected,
$985 . 40 would have been collected for i--he Delta Protect.ion Ful-16: .
A cii fferent funding source should be identified `or the Delta
Protection Fund . A .urchar,ge added to a fishing 1 i cerise tor
individuals who fish in the Delta might create a stal-Jle ruriding
source .
If you ncive ail`.✓ ful,t lel' (--juestions Or' need aCiditiOnal
information , please feel ri-ee to contact, Judy Lytle at 646-6007 .
J A L: 1p,e7
IDdCie i t.a
STai
A r"N MIN i�_
I , T1'V L u t-t- t
IS TR
A OF
TR
THE ML i ICI CO U TS
B A Y -DEL 7A DLABLO - WAI,NMT
P.O. Box 4068. Wab=C. Caiffcmia 94596-M
(510)646-6007 Fnx Piumber(510)-646-60M
California Department of Fish and Game
Contra Costa County Sheriff' s Department
Marine Services
;'ROM: Judy Lyt ,-'Personnel/Finance Officer
STjBjZCI-. Additional Penalty Assessment Imposed to
Support Delta Protection Commission
DAM December 28, 1992
Attached for your information is a copy of SB 1866, which
enacts the Delta Protection Act of 1992, effective January 1,
1993 . The act imposes an additional 10% penalty assessment on
fines imposed pursuant to Section 12002 , 12002 . 1 or 12002 .2 of
the Fish and Game Code, and Section 668 of the Harbors and
Navigation Code for any violation occurring within the
Sacramento-San Joaquin Delta.
In order for the Court to properly assess the 10% penalty
for violations occurring within the Delta those citing agency must
identify on the citation that the violation occurred within the
Delta. we have amended our Countywide Bail Schedule to include
violations with a "/D" after the code section cited. For
example, if the section cited occurred within the Delta, the
violation code listed on the citation should include a "/D" :
F&G 17145/1) FISHING WITHOUT A LICENSE
F&G 5652/1) LITTER WATERS
F&G 8603/D UNLAWFUL SALE-BASS
The 10% penalty assessment will be deposited in the
Sacramento-San Joaquin Delta Protection Fund which will support
the Delta Protection Commission.
If you have any questions regarding the procedure explained
above, please contact me at ( 510) 646-6007 .
JL:krj
cc: Nancy Rampani, District Court Manager,
Mt. Diablo and Delta Municipal Courts
Kathy Ridgeway, Specialist, Central Administration
JAL-2-83
ATTACHMENT
ADMINISTRATIVE OFFICE
' JOG CO
OF
U to
THE MUNICIPAL COURTS
BAY • DELTA • W. DIABLO • WALNUT CREEK-DANVILLE
'ti.�w Jug�y�c P.O. Box 4068, Walnut Creek California 94596-0068
(510)646-6007 Fax Number(510)646-6002
TO: Claude L. Van Marter, Assistant County Administrator
FROM: Kiri Torre, nt Municipal Court Administrator
By: Judy Lytle' scal/Administrative Officer
SUBJECT: Penalty Asses ment Imposed to
Support Delta\jrotection Commission
DATE: September 21, 1993
To date the Contra Costa County Municipal Courts have not received any
of the new Delta penalty assessments . On December 28, 1992 , I sent a
memorandum to agencies issuing citations within the Delta (See Attachment) .
At that time we modified the Municipal Courts ' Countywide Bail Schedule to
identify violations to which the loo Delta fish and game penalty assessment
should be applied. A separate revenue code was established for the special
Delta fish and game assessment.
Upon receipt of your memorandum and the memorandum from the State
Controller' s Office, we reviewed the procedure for assessing the 10% Delta
fish and game assessment. We requested special computer tests to verify
that the system to identify and assess the Delta assessment works properly.
It has been verified that the system properly records and processes these
citations . We noted only one instance in which a defendant had been
ordered to pay a fine, which included the Delta assessment, which has not
yet been paid. We did note several instances in which the designation for
a Delta citation was not recorded by our data entry clerks . We have taken
steps to correct these errors and have reminded staff of the importance of
entering citations correctly.
We also have reviewed our bail schedule to determine if we had
properly identified all codes which could be cited in the Delta in which
the assessment can be charged. We have expanded the type and number of
code violations under which the 10% Delta Assessment can be assessed.
We will continue to monitor citations issued in the Delta to verify
that we are properly processing them. We are not, however, in a position
to verify that the agencies are properly identifying citations issued in
the Delta. If the citation is identified as being issued in the Delta we
will process it as such, regardless of which violations have been charged.
If you have any question regarding the above, please contact me at
646-6007 .
U-
Attar�hment ANACHMENT �
JL:krj
cc: Ken Corcoran, Auditor Controller JAL-3-75