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2005 AGN NOV 01 I17
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2005 AGN NOV 01 I17
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CITY OF COLTON <br />AGENDA REPORT ITEM #17 <br />FOR COUNCIL MEETING OF NOVEMBER 1, 2005 <br />TO: HONORABLE MAYOR AND CITY COUNCIL <br />FROM: DILU DE ALWIS, FINANCE DIRECTOR <br />Cip- <br />SUBJECT: APPROVAL OF SUPPLEMENTAL SETTLEMENT AGREEMENT WITH <br />THE COUNTY OF SANBERNARDINO RELATING TO CRIMINAL <br />JUSTICE ADMINISTRATIVE FEES <br />DATE: <br />OCTOBER 25, 2005 <br />BACKGROUND: <br />City of Colton along with other Cities and Towns in San Bernardino County (County) other <br />than the City of Needles have previously entered into "the Settlement Agreement" with the <br />County concerning payment of booking and processing fees (criminal justice <br />administrative fees pursuant to California Government Code section 29550, hereinafter <br />referred to as "booking fees"), that was incorporated as part of the judgment entered by <br />the Sacramento County Superior Court in City of Adelanto et al. v County of San <br />Bernardino, Judicial Council Coordination Proceeding No. 2584. <br />DISCUSSION/ANALYSIS: <br />On February 2001 the City of Colton along with other Cities and Towns in San Bernardino County <br />other than the City of Needles (who had previously entered into an agreement with the County) <br />entered into an agreement setting the rate for criminal justice administrative fees (booking fees) at <br />$159.72 per booking. In November 2004 SB1102 was enacted into law which reduced the <br />amount of booking fees that can be collected by counties beginning July 1, 2005. The bill stated <br />that counties could not bill for greater than one-half of actual administrative costs including <br />overhead costs permitted according to federal Circular A87 standards. It further stated that at no <br />event would the fees charged by the County to cities exceed the fees as of January 1, 2004. This <br />bill also repealed all state reimbursements to cities for payment to counties for booking fees. <br />Based on SB1102, the County performed an updated cost study and calculated a new cost per <br />booking in the amount of $192.92, which would have allowed the County to impose a new fee for <br />each booking in the amount of $96.46. Instead of imposing such a permissible fee, <br />representatives of cities and County met informally and agreed upon a booking fee to be charged <br />by the County to the Cities at a rate of $79.86 per booking for period of three years beginning <br />July 1, 2005 and ending June 30, 2008. The fee of $79.86 equals one half of the former rate of <br />$159.72. <br />Cities and County also agree that they will meet by July 1, 2006 for the purpose of negotiating and <br />recommending a methodology to calculate booking fees and a process to adjust future booking <br />fee once the present enacted fee expires on June 30, 2008. <br />FINANCIAL IMPACT: <br />There is no fiscal impact resulting from this agreement. The booking fee cost of $79.86 is <br />budgeted in the Police Department budget for fiscal year 2005-06. <br />
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