HomeMy WebLinkAboutResolution 2004-221 N.C.S. 12/06/2004 resolution No. 2004-221 N.C.S.
of the City of Petaluma, California
.RESOLUTION RATIFYING THE AGREEMENT
FOR DISTRIBUTION OF FINES AND FORFEITURES REVENUE
BETWEEN THE COUNTY OF SONOMA AND THE CITY OF PETAg.UMA
WHEREAS, State law, Penal Code Section 1463, provides for the distribution of fines
and forfeitures imposed and collected for crimes other than parking violations; and,
WHEREAS, Penal Code Section 1463.002 allows the County of Sonoma and.
participating cities to agree to a set distribution for these fines; and,
WHEREAS, the County of Sonoma and the City of Petaluma agree to distribute 85% of
the base fine to Petaluma, and the remaining 15% to the County; and,
WHEREAS, this resolution will allow the County to codify this agreement.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Petaluma does hereby approve of an agreement with the County and its cities included herewith
and marked as Attachment 1.
BE IT FURTHER RESOLVED, that the Petaluma City Council authorizes the City
Manager to execute this agreement.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resonation was introduced and adopted by the Approved as to
Council of the City of Petaluma. at a (Regular) (Adjourned) (Special) meeting form
on the ........G~' day of .......1)~G~mbax............................., 2004.., by the
following vote: ••••••••••i••~•••••••••••••
City Attorney
AYES: Mayor Glass, Harris, Healy, Vice Mayor Moynihan, O'Brien, Thompson, Torliatt
NOES: None
ABSENT: No `
ATTEST:
City lerk Mayor
Council File
Res. No......20.04..-22.1..........N.C.S.
Attachanent 1
AGREElVIENT.FOR DISTRIRIJTION OF FINES AND FORFEITURES REVENUE
I3ETWEE~N TIIE COI.INTY OF SONOl0~IA AND TI-IE CITY OF PETALL~l'VIA
RECITALS
1. State law, in Penal Code sections 1463 et seq., provides for the distribution of
fines and forfeitures imposed and collected for crimes other than parking
crimes.
2. Penal Code section 1463.002 provides for a certain set distribution of such
fines and forfeitures between the County of Sonoma ("County") and the cities
within the county, but also provides that the cities and the county may agree
to a different distribution.
3. County and participating cities of Sonoma County, in 1989, reached
agreement that for arrests in participating cities, fines and forfeitures revenue
should be distributed with 85 percent of the base .fine amount being
distributed to the city whose officer made the arrest, and the .remaining 15
percent to County, instead of according to the statutory percentage specified
in Penal Code section 1463.002. (Statutory percentage: Petaluma: 24
percent to County and 76 percent to city; remaining cities, 40 percent to
County and 60 percent to cities.)
4. Apparently this agreement was never reduced to writing. In order to provide
guidance to the court in distributing such. revenue and to ratify the existing
practice, the County and the City of Petaluma ("City") wish to reduce their
agreement to writing.
TERMS OF AGREEMENT
ScCTION 1. REVENUE DISTRIBUTION.
5. Distribution of the fines and forfeitures revenue in accordance with Penal
Code section 1463 et seq., as modified by this agreement, shall be
administered by the California Superior Court, Sonoma County.
6. Base fine amounts from city arrests shall be distributed 1 S percent to -the
County, and 85 percent to City.
7. County and City agree to cooperate to attempt to resolve any dispute
concerning distribution, and to provide to each other any information relevant
to resolution of an}~ such dispute.
Resolution No. 2004-221 N.C.S. Page 2
8. This agreement does .not affect the distribution of any other revenue to the
parties, or any other rights or responsibilities of the parties.
SECTION 2. TERMINATION OR AMENDT?IENT.
9. This agreement shall. remain. in full force~unless terminated or amended by:
a) legislation which overrides the agreement of the parties;
b) amendment by the mutual agreement of the affected parties,. with
notice to the Superior Court;
c) written notice (by -first class mail or p~;rsonal delivery) provided by the
terminating party not: less than six (61 months prior to the end of the
fiscal year to all affected parties and to the Superior Court. Upon
termination, distribution of the revenue resulting from arrests
attributed to City shall be according to the percentages set out in Penal
Code section 1.463.Oc)2. Notice shall be addressed to the chief
administrative officer of the party receiving the notice.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and
year first written above.
CITE' OF PETALL'1~IA
By:
Name: _
Title:
COUNTY OF SONOMA
By:
Chairman
Board of Supervisors
ATTEST:
County Clerk and ex officio Clerk of
the Board of Supervisors
Resolution No. 2004-221 N.C.S. Page 3