HomeMy WebLinkAbout034-89 RESOLUTION NO. 34-89
A Resolution of the Town Council of the Town of Danville
Amending the Town/County Agreement on Distribution of
Priors Bail Enhancements in Traffic Cases
WHEREAS, on July 1, 1987 Contra Costa County (hereafter "County"),
Walnut Creek-Danville Municipal Court (hereafter "Court") and the
Town of Danville (hereafter "Town") executed the Bail Forfeitures
Distribution Agreement; and
WHEREAS, the Trial Court Funding Act passed by the California State
Legislature included a special provision regarding bail schedule
increases; and
WHEREAS, this special provision allows the County to retain 100%
of court revenues attributable to bail schedule increases for a
period of four years not to exceed $100,000 per year; and
WHEREAS, the County has determined that it does not have the
resources nor capability to identify that portion of a bail
payment, on a transaction by transaction basis, which is
attributable to a bail increase on a multitude of different
violations; and
WHEREAS, the Courts are raising most bail amounts but are proposing
that they only take a larger portion of revenue received from
Priors Bail Enhancement Fines (75% rather than the current 50%) for
the four year period through December 1992 up to a maximum of
$100,000 per year; and
WHEREAS, such proposal should not result in a decrease in Town
revenues and may result in an increase and has been determined to
be in the Town's best interest; and
WHEREAS, for such proposal to be put into effect an amendment to
the existing Town/County agreement on Bail Forfeitures Distribution
is required;
NOW, THEREFORE BE IT RESOLVED, by the Town Council of the Town of
Danville that the Town Manager be, and hereby is authorized to
execute, on behalf of the Town, the Amended Bail Forfeitures
Distribution Agreement by and between the Town, Contra Costa
County, and the Contra Costa County Municipal Court, in the form
as lodged with the Town Clerk, together with such changes as may
hereafter become necessary, provided such changes do not increase
the obligations of the Town hereunder.
PASSED, APPROVEDAND ADOPTED on the 20th day of March, 1989, by the
following vote:
AYES: GREENBERG, JAGGER, LANE, RITCHEY, SCHLENDORF
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
APPROVED AS TO FORM:
t f/~~ CiTY A~TO~EY
AMENDMENT AGREEMENT
1. Identification of Aareement to be Amended. This Agreement
amends that certain Agreement: Bail Forfeitures
Distribution, effective July 1, 1987 (hereafter "Distribution
Agreement"), executed by and among Contra Costa County
(hereafter "COUNTY"), Walnl~t Cr~pk-D~v~]lP Municipal Court
(hereafter "COURT") and the City of Danville
(hereafter "CITY").
2. Authority and Purpose. Pursuant to Penal Code section
1463.28, COUNTY is authorized upon the increase of bail
schedules for all misdemeanor and infraction offenses,: to
deposit in the County general fund the amount attributable to
the increase in bail up to an annual limit of $100,000. In
order to execute this revenue allocation in a cost-effective
manner, the COURT may use the formula in Paragraph 4(b) below
to distribute those additional revenues generated by a 100%
increase in the bail for enhancements for prior traffic
offenses and the extension of the eligible search period from
the current 24 months to 36 months (which is now 24 months).
3. Amendment Date. The effective date of this Amendment
Agreement is April 1, 1989 .
4. Amendment SDecifications. The agreement identified above is
hereby amended by repealing the content of paragraph 3
"County-City Share" and replacing it, in its entirety with
the following:
(a) The initial distribution period: The initial
distribution period is from July 1, 1987 until the
effective date of the 1989 bail schedule adopted
by the Contra Costa County Municipal Court Judges.
During the initial distribution period, the
forfeited bail enhancements shall be distributed
50% to the COUNTY and 50% to the CITY. The COUNTY
shall use its share to help pay the costs of an
additional clerical position in the COURT, and
related expenditures.
(b) The increased bail Period: The increased bail
period is from the effective date of the 1989 bail
increase adopted by the Contra Costa County
Municipal Court Judges until December 31, 1992.
During the increased bail period, the COUNTY shall
receive 50% of the forfeited bail enhancements for
deposituinto the County general fund (the "general
fund portion"). The remaining portion of
forfeited bail enhancements shall be distributed
50% to the COUNTY and 50% to the CITY. Except for
the general fund portion, the COUNTY shall use its
share to help pay the costs of an additional
clerical position in the COURT, and related
expenditures.
Any time the general fund portion equals $100,000 in any
calendar year the distribution of forfeited bail enhancements
shall be as set forth in paragraph 4.(a), The initial
distribution period, for the remainder of that calendar year.
The distribution formula set forth in paragraph 4.(b), The
increased bail period, shall be applicable again on the first
day of =he following calendar year.
Except for and subject to the amendment set forth above, the
Distribution Agreement r~m~ins in full force and effect.
COUNTY CITY OF ~ 4~z~
COURT
By:
AWC: da
Form prepared by County Counsel
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