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Home My WebLink About12/01/1992, C-3 - RESOLUTION SUPPORTING THE USE OF COURT FILING FEES TO FUND THE COSTS OF LOCAL ALTERNATIVE DISPUTE RESOLUTION SERVICES PROGRAMS ll�^INII�IIIII�� I�I "J f - ME IN6 DATE: Ilul cIo san tuffs oBIspo ► �v COUNCIL AGENDA REPORT REM NUMBER- FROM: Ken Hampian, Assistant City Administrative Officer Prepared By: Deb Hossli, Administrative Analyst 0( SUBJECT: Resolution supporting the use of Court Filing Fees to fund the costs of local alternative dispute resolution services programs CAO RECOMMENDATION: Adopt a resolution urging the Board of Supervisors to set aside $8 in Court Filing Fees to fund the costs of local altemative dispute resolution services programs. DISCUSSION: State law sets Superior Court and Municipal Court initial filing fees at $182 and $82 respectively. These monies are collected by counties and forwarded to the State for final receipt. Local Boards of Supervisors can,.however, retain up to $8 of the filing fees to fund the costs of local alternative dispute resolution services programs. Dispute resolution programs offer individuals timely, inexpensive alternatives for resolving disputes outside of the traditional court system. This is accomplished by using trained, neutral third party mediators for resolving conflicts. Types of disputes typically handled by these programs include, tenant/landlord conflicts, neighborhood conflicts, merchant/customer conflicts, family law conflicts, etc. A group of interested citizens from the community (e.g., local attorneys, individuals involved in the court, professional mediators, family counselors, etc.) plan to ask the Board of Supervisors at their December 8, 1992 meeting to adopt a resolution to retain our $8 in filing fees. If the Board approves the resolution, the monies collected from the filing fees will be collected, and distributed on a competitive basis (using request for proposals), to local groups and organizations interested in providing alternative dispute resolution programs to County residents. The Human Relations Commission is supportive of encouraging development of alternative dispute resolution programs in the County, and as such, recommends that the City Council adopt a resolution urging the Board to retain our $8 in filing fees. CONCURRENCES: - The Human Relations Commission concurs with the recommendation contained in this report. FISCAL IMPACT: None. ATTACHMENTS: Resolution r RESOLUTION NO. (1992 SERIES) RESOLUTION OF THE CITY COUNCIL OF.THE CITY OF SAN LUIS OBISPO SUPPORTING THE RETENTION OF $8.00 IN STATE MANDATED COURT FILING FEES TO FUND THE COSTS OF ALTERNATIVE DISPUTE RESOLUTION SERVICES PROGRAMS We, the undersigned members of the City Council of San Luis Obispo, hereby petition the San Luis Obispo County Board of Supervisors as follows: WHEREAS, there exists in our community a need for alternative dispute resolution leading to a more efficient judicial system and a less litigious and more harmonious society; and WHEREAS, the undersigned wish to further the cause of peaceful resolution of disputes in our country and promote greater access to the legal system for those of. middle and lower incomes; NOW, THEREFORE, we petition the San Luis Obispo County Board of Supervisors to adopt a resolution retaining in San Luis Obispo County $8.00 of the state mandated filing fee to be utilized pursuant to the Garamendi Act of 1986, B & P § 465, to fund alternative dispute resolution services programs for San Luis Obispo County. Upon motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: Page 2 RESOLUTION NO. (1992 SERIES) The resolution was adopted this day of 1992. MAYOR PEG PINARD ATTEST: City Clerk APPROVED: ty Arc( inistrative Officer /fit' me dh\$8.res 3-,� ✓` - ��►►►i��►►�If►�I� 'll if l lllilli��i!u��i�i�� ' i�l II I�i��• - city of sAn tuis. oBjspo 990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403.81,0,0_ � 1� November 18, 1992 Mrs. Lynn Block Business Improvement Association Administrator P. O. Box 1402 San Luis Obispo, CA 93406 Dear Lynn, This letter is a follow-up on the requests discussed at our meeting of September 29, 1992 and to provide an update on the 1992-93 business tax renewal process. Below are the three requests we discussed and the current status of each. ■ Requested late fees be waived for Business Improvement Association (BIA) businesses who paid any business tax during July 1992. Each BIA account was reviewed. Those businesses who paid business tax during the month of July 1992 but incurred a late fee because full payment was not received were issued refund checks. These checks were mailed in October 1992. ■ Requested a change in the business tax programming, for payments to first be credited to the BIA and then to the City. The programming change has been completed by the Finance Department's software programming firm and is being implemented for all November 1992 transactions. ■ Requested the City contact all BIA businesses who have not paid business tax for 1992-93. Second renewal notices have been prepared and each BIA business is being contacted by a manager (prior to mailing the notice), to discuss any reasons for non- payment. After this second notice process has been completed, including receipt of. business tax payments, we would like to meet with you to discuss additional strategies for collection prior to sending Final Notices. We anticipate this will be at the beginning of January 1993. IAdditionally, I wanted to share our new enforcement approach. We have requested support from the City Attorney's Office and Police Department to assist with enforcement. The City Attorney has writtten a letter to businesses who have not paid a business tax for prior fiscal years indicating that legal proceedings will be taken against the business and providing the business one month to make payment. If the business does not respond, a Police Department representative will make on-site contact with the.business owner and explain the criminal citation process. If the business remains unresponsive, a Police Officer will make on-site contact, requesting to see a current Business Tax Certificate. If a current Certificate is not presented, the officer Mll issue a criminal citation. This enforcement approach will be used for businesses not paying 1992-93 business taxes approximately 30 days after a Final Notice has been sent. The BIA's business tax revenues through October 1992 is approximately $70,000 or 77% of the budgeted revenue. With the Second Notices being mailed and phone contact with each business,we anticipate additional revenue during November and December. Please contact Linda Asprion if you have any questions or if she can provide any assistance. Sincerely, I �I \Wi liam C. Statler Director of Finance CC: John Dunn, City Administrative Officer!/ Ken Hampian, Assistance City Administrative Officer Jeff Jorgensen, City Attorney Jim Gardiner, Chief of Police 3:S