2002 AGN SEP 04 I17 - Laserfiche WebLink

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Item #17 CITY OF COLTON AGENDA REPORT FOR COUNCIL MEETING OF September 4, 2001 Honorable Mayor and City Council FROM: City Attorney SUBJECT: Supplemental Agreement Regarding County Booking Fees DATE: August 21, 2001 BACKGROUND: In 1990, San Bernardino County adopted an ordinance to collect a $122.90 booking fee from cities for the costs associated with processing persons arrested within city boundaries. The City of Colton and other local municipalities (the "Cities") filed a lawsuit challenging the constitutionality of the ordinance and the state law authorizing the collection of such fees, as well as the amount of the County booking fee. Ultimately, the court held the laws constitutional, but found that the County booking fees improperly included certain expenses which should have been excluded. In February 1995, the County increased its booking fee to $168.20. The Cities then filed another lawsuit challenging the amount of the fee. Under the ensuing settlement agreement, the County set the booking fee at $152. The parties also agreed that between 1996 and 2001 the County booking fee would be increased annually to account for inflation, using the local Consumer Price Index ("CPI"). (The City of Colton currently pays a booking fee of $159.72.) The settlement agreement also provided that, after February 10, 2001, the amount of the booking fee would be the actual cost incurred by the County in performing the booking activities. DISCUSSION/ANALYSIS: In December 2000, the Cities' special legal counsel negotiated the following terms with the County regarding the post -February 10, 2001 booking fee: (1) The booking fee is frozen at $159.72 (with no CPI increase); (2) The County can reopen negotiations with the Cities regarding booking fees in the future if County booking costs increase by 25 percent or more; (3) The Cities can reopen negotiations with the County in the future if State reimbursement for booking fee costs is reduced by 25 percent or more;