1993-04 RESOLUTION NO. 93-04
A RESOLUTION APPROVING "SETTLEMENT AGREEMENT
BY AND BETWEEN THE COUNTY OF SAN BERNARDINO,
THE TREASURER OF SAN BERNARDINO COUNTY, THE
AUDITOR OF SAN BERNARDINO COUNTY, AND CERTAIN
CITIES OF SAN BERNARDINO COUNTY"
WHEREAS, the City is party to a lawsuit in Sacramento County Superior Court
entitled Victorville, et al.. v. San Bernardino County, et al., Action No. 358193; and
WHEREAS, the parties to said lawsuit are desirous of settling; and
WHEREAS, a Settlement Agreement for settlement of Action No. 358193 has
been presented to the Council, a copy of which is attached hereto as Exhibit A; and
WHEREAS, the Council is familiar with the contents of the Settlement
Agreement;
NOW THEREFORE, the City Council of the City of Grand Terrace approves the
"Settlement Agreement By and Between the County of San Bernardino, the Treasurer
of San Bernardino County, the Auditor of San Bernardino County, and Certain Cities
of San Bernardino County," and authorizes and directs the Mayor to sign the same.
ADOPTED THIS 14th day of January, 1993.
da
`Ma r of the City of rand
Trace and of the City Council
thereof.
ATTEST:
City Clerk of the City of40rand
Terrace and of the City
Councl thereof.
- RESOLUTION 93-04
PAGE 2
I, BRENDA STANFILL, CITY CLERK of the City of Grand Terrace, do hereby
certify that the foregoing Resolution was introduced and adopted at a regular meeting
of the City Council of the City of Grand Terrace held on the 14th day of January,
1993 by the following vote:
AYES: Councilmen Carlstrom, Hilkey, Singley; Mayor Pro Tem
Christianson; Mayor Matteson
NOES: None
ABSENT: None
ABSTAIN: None
-- City Clerk
Approved as to form:
jTsn
City Attorney
EXHIBIT A
EXECUTIVE SUMMARY OF SETTLEMENT AGREEMENT
(MUNICIPAL COURT FINES LITIGATION)
1 . The County will pay to the 14 cities which are parties to the Victorville,
et al. lawsuit (Adelanto, Barstow, Chino, Colton, Fontana, Grand Terrace, Montclair,
Ontario, Redlands, Rialto, Upland, Victorville, Rancho Cucamonga,and Big Bear Lake),
the City of Highland (intervenor in Victorville, et al.) and the City of San Bernardino
(plaintiff in its own lawsuit) the total sum of $3,924,374,10, which represents
Municipal Court fines collected from March 1, 1985 through January 31, 1990, plus
interest at the statutory rate (7% per annum).
2. The $3,924,374.10 will be paid back as follows: $400,000 within one
month of execution of the agreement by the last city; $600,000 prior to June 30,
1993; $1,000,000 by June 30, 1994; and the balance ($1,924,374.10) by June 30,
1995. the County will pay interest on these payments at 7% or the local Agency
Investment Fund rate, whichever is lower.
3. The amount each city in the Victorville, et al. action will receive is shown
on Attachment 1 . Attachment 1 also includes amounts paid to the Cities in November
1991 (covering the period from February 1, 1990 to November 1991), and shows the
total each city will receive from the litigation. The County has been properly
distributing fines since November 1991 .
4. The County will be entitled to a collection fee of 10% of amounts
collected in the future as an incentive to continue an aggressive collection effort.
There is no collection fee on past amounts due.
5. The agreement requires the approval of all 14 cities parties to the
Victorville, et al. action, the City of Highland and the City of San Bernardino.