1992/04/14 City Council Resolution (2)RESOLUTION NO. 92 -68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AGREEING TO RESOLVE CERTAIN POTENTIAL CLAIMS RELATING TO
PROPERTY TAX ADMINISTRATION FEES AND CRIMINAL JUSTICE
ADMINISTRATION FEES
WHEREAS, in Chapter 466, Statutes of 1990, the state
Legislature (1) amended Revenue and Taxation Code section 97 to
grant counties and county auditors certain authority to
determine, impose, and collect a property tax administration
fee from each local jurisdiction; and (2) added Article 12
(section 29550) to Chapter 2 of Division 3 of Title 3 to the
Government Code, permitting counties to impose fees upon
cities, special districts, and school districts, community
college districts, colleges, and universities, for
reimbursement of county expenses incurred with respect to the
booking or other processing of persons arrested by employees of
such entities (hereinafter referred to as the "jail booking
fee "); and
WHEREAS, pursuant to the direction of the Sonoma County Board
of Supervisors, Rodney A. Dole, Sonoma County Auditor -
Controller, determined the property tax administration fee
attributable to each jurisdiction and sent each jurisdiction an
invoice for, or otherwise deducted from property tax
allocations the amount of, such fee for costs incurred in
fiscal year 1989 -90, said billings or deductions made during
1990 -1991; and
WHEREAS, pursuant to the direction of the Sonoma County Board
of Supervisors, the Sonoma County Sheriff - Coroner sent each
affected jurisdiction invoices for costs of services rendered
for booking or other processing of arrested persons through
October 31, 1991; and
WHEREAS, a statewide dispute has developed in which certain
cities, special districts, school districts and redevelopment
agencies challenge the authority of certain counties and county
auditors to impose and collect such fees; and
WHEREAS, the Sonoma County Board of Supervisors and the City of
Rohnert Park (hereinafter referred to as "Claimant ") wish to
enter into an agreement settling and resolving any monetary
claims or potential monetary claims related to property tax
administration fees for fiscal year 1989 -1990, said billings or
deductions made during fiscal year 1990 -1991, and jail booking
fees for services rendered through October 31, 1991; and
1
WHEREAS, in Resolution No. 92 -0344, attached hereto as
"Exhibit A ", the Board of Supervisors directed and authorized
resolution of such claims or potential claims as provided for
herein; and
WHEREAS, Claimant is willing to resolve any such claims or
potential claims on the terms incorporated in Sonoma County
Board of Supervisors Resolution No. 92 -0344.
NOW, THEREFORE, BE IT RESOLVED that:
(1) Claimant agrees to comply with the requirements of
Sonoma County Board of Supervisors Resolution No. 92 -0344.
(2) With respect to any and all claims, actions, causes
of action, damages, or accounting of whatever nature, whether
known or unknown, existing or not yet existing, arising out of
or in any way connected with the determination, invoicing, or
collection of (i) property tax administrative fees for fiscal
year 1989 -1990, said billings or deductions made during
1990 -1991; and (ii) jail booking fees for services rendered
through October 31, 1991, Claimant City of Rohnert Park, for
valuable consideration given, hereby releases, acquits, and
forever discharges the County of Sonoma, its agents, officers,
and employees.
(3) Claimant agrees to defend, indemnify, and hold
harmless the County of Sonoma, its agents, officers, and
employees, from any claims or actions of any kind arising out
of or related to this release. County agrees to notify
Claimant of any claim or action served. County will proceed to
defend any such claim or action, at Claimant's expense, unless
Claimant promptly notifies County that it will conduct the
defense to such claim or action. County agrees to cooperate
fully in the defense. Claimant may deduct any cost of defense,
including any attorney's fees paid to plaintiffs in any such
action, from amounts ordered to be repaid to County, if any.
DULY AND REGULARLY ADOPTER.thi s 14th day of April 1992.
ATTEST: CITY OF ROHNERT PARK
Dep c C erk Mayor
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EXHIBIT "A"
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RESOLUTION NO. 92-0344
Dated: March 10, 1992
RESOLUTION OF THE BOARD OF SUPERVISOR$ OF THE COUNTY OF SONOMA,
STATE OF CALIFORNIA, INZT'IATING A COMPROMISE OF CLAIMS OR
POTENTIAL CLAIMS RELATED TO CERTAIN PROPERTY TAX ADMINISTRATION
FEES AND CRIMINAL JUSTICE ADMINISTRATION FEES
WHEREAS, in Chapter 456, Statutes of 1990, the state
Legislature (1) amended Revenue and Taxation Code section 93 to
grant counties and county auditors certain authority to
determine, impose, and collect a property tax administration fee
from each local jurisdiction; and (2) added Article 12 (section
29550) to Chapter 2 of Division 3 of Title 3 to the Government
Code, permitting counties, to impose fees upon cities, special
districts, school districts, community college districts,
colleges, and universities, for reimbursement of county Expenses
incurred with respect to the booking or other processing of
persons arrested by employees of such entities (hereinafter
referred to as the "criminal justice administration fee"); and
WHEREAS, pursuant to the direction of the Sonoma
County Board of Supervisors, Rodney A. Dole, Sonoma County
Auditor - Controller, determined the property tax administration
fee attributable to each jurisdiction and sent each jurisdiction
an invoice for, or otherwise deducted from property tax
allocations the amount cif, such fee in the amount of costs
incurred in fiscal year 1989 -90, said billings or deductions
made during 1990 -1991; and
WHEREAS, pursuant to the direction of the Sonoma
County Board of Supervisors, the Ronoma County Sheriff - Coroner
sent each affected jurisdiction invoices in the amount of
criminal justice administration fees for the cost of services
rendered through October 31, 1991; and
WHEREAS, a statewide dispute has developed in which
certain cities, special districts, school districts and
redevelopment agencies challenge the authority of certain
counties and county auditors to impose and collect such fees; and
WHEREAS, the Cl�)unty wishes to enter into an agreement
settling and resolving any monetary claims or potential monetary
claims related to property tax administration fees for said
billings or deductions trade during fiscal year 1990- 1991, and
criminal justice administration fees for services rendered
through October 31, 1991;
765 1 kl /sj
APR- 08 -'52 WED 11:45 ID, ,IJNT1' ADMINISTRATOR TEL N0:70" 52' -7778
9951 PJ^
NOW THEREFORE BF: IT RESOLVED THAT this Board agrees to
settle and resolve any such claims or potential claims on the
following basis:
1. The County agrees to pay the local jurisdictions
listed on Exhibit 1, attached hereto, the amounts listed in that
Exhibit, provided that said jurisdictions comply with the
requirements listed below,.
2. Local jurisdictions washing to participate in this
settlement must have paid in full, or arranged with the Sonoma
County Auditor for the deduction of, all amounts due for
property tax_ administration costs deducted or invoiced during
fiscal year 1994 -1991, and for criminal justice administration
fees for services rendered through October 31, 1991;
3. Local jurisdictions wishing to participate in this
settlement must release the County from all claims and potential
claims related to determination, invoicing, and collection of
fees which are the subject; of this resolution, on the terms
described to this Board by the County Administrator, in a form
to be developed by County Counsel;
3. Said local Jurisdictions may then :File a claim, on
a form authorized by the County Auditor, in the amount listed in
Exhibit 1. If the local jurisdiction has complied with the
requirements of this resolution, the Auditor is hereby
authorized to pay the claim.
4. The Clerk shall deliver a certified copy of this
resolution to the Sonoma County Auditor - Controller who shall
give notice of it in a manner that he deems reasonable.
SUPERVISORS:
CALE aye HARBERSON absent ISMITH ay±--ESPOSTI aye CARPENTER ayr.
AYES 4 NOES---ABSTAIN----ABSENT 1
SO ORDERED.
765 2 kl /sj
Local Agency Grant Program�eunts
EXHIBIT i
SUMMARY OF LOCAL GRAFT PROGRAM AMOUNTS
County Library 44,830.35
County Fire: Service 10,762.53
Green Valley Cemetery
FY 9 1 -92 Local
Agency
Grant Amount
Cities:
3,892.98
Cloverdale
4,229.95
Cowl
23,533.66
Haaltisburg
4,673.88
Petaluma
109,807.00
Rohnert Park
41,059.54
Santa Rosa
405,702.50
Sebastopol
13,947.00
Sonoma
4,308.00
County Library 44,830.35
County Fire: Service 10,762.53
Green Valley Cemetery
30.68
Shiloh Cemetery
766.40
Cotati Fire
3,892.98
Forestville Fire
2,780.27
Glen Ellen Fire
2,155.18
Graton Fire
1,692.74
Guerneville Fire
1,929.15
Hassel Fire
1,876.75
Kenwood Fire
1,284.72
Monte Rio Fire
1,193.35
Penngrove Fire
4,415.06
Rincon Valley Fire
9,193.49
Roseland Fire
4,726.74
Schell -Vista Fire
1,514.01
Twin Hills Fire
1,509.84
Valley of Moon Fire
10,730.63
Bennett Valley Fire
1,317.57
Bellevue Fire
2,549.38
Bodega Bay Fire
77.84
Windsor Fire
121.97
Water Agency General
17,593.52
Spring Lake Water
5,675.93
Zone 1A
10,440.62
Zone 2A
1,946.64
Zone 3A
2,191.08
Zone SA
522.29
Zone 8A
389.36
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Local Agency Grant Prograrr�iounts
Cloverdale Hospital
Lighting Districts:
Belmont Terrace
Cinabar
Forestville
Geyserville
Graton
Guerneville
Jenner
Madrone Acres
Monte Rio
Rio Nido
South Park
Summer Nome Park
Valley of the Moon
West Side
Woodside Club Estates
Carmet
Penngrove
Pacific View
Countryside Manor
Starr View
Bluebird Meadows
Marin Sonoma Mosquito Abalemsnt
Perm Road Districts:
Peaks Pike
Monte Rosa
Mirabei Heights
Bittner Lane
Mill Creek
Air Pollution Control Districts:
No, Sonoma County Air Pollution
Bay Area Air Quality Mgt
Park & Recreation Districts:
Camp Moeker
Del Rio Woods
Monte Rio
Russian River
74.71
20.10
50.99
56.85
27.96
46.81
677.25
36.63
58.41
298.32
184.98
18.84
20.40
1,140,78
7.97
9.24
22.07
64.55
2.23
5.80
11.67
5.40
5,607.05
9.04
6.69
3.13
5.76
35.07
_ 575.99
3,372.49
268.14
286.59
710.13
1,128.30
2
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WD51 F051
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Local Age -icy Grant Program. °,,�ounta
Resource Conservation districts:
Qoldridge
South Sonoma County
Sotoyoma -Santa Rosa
Community Servico Districts:
Occidental
Cazadero
Water /Utility Districts:
Forestville
Sonoma Mountain
Dodega Bay €BUD
County Service Areas:
CSA #3 Roseland
CSA #B Sea Ranch
CSA #24 Fitch Mountain
CSA #25 Timber Cove
CSA #35 Sonoma Valley
Redevelopment Agencies:
Petaluma Can Bus
Petaluma Comm Dev
Sebastopol Rodev ®lopment
Santa Rosa Redevelopment
Santa Rosa Can Project
Santa Rosa Can Proj If
Santa Rosa Cen Pro] III
Cloverdale Redevelop
Hsaldsburg Redevelop
Rohnert Parts Redevel
Cotati Redevelopment
Roseland Redevelop
Sonoma Valley Redevelop
Windsor Redevelop
Total -Ali Agencies
90.18
219.20
178.58
78.42
663.60
572.48
29.67
1,780.35
411.98
3,658.22
442.13
257.56
548.31
3,804.85
8,874.91
3,557.89
7,611.70
3,239.31
9,555.67
2,658.93
1,945.60
16,023.65
19,877.87
4,321.86
2,080.02
2,912.02
3,299.17
868,895.10
3
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