HomeMy WebLinkAboutAGENDA REPORT 1990 0905 CC REG ITEM 08L II "l ,lrd.
MOORPARY ITEM ,_- . .
BERNARDO M. PEREZp,a1 ,, STEVEN KUENY
0111 ,P P
Mayor mooRPARK, CALIFORNIA o °i City Manager
SCOTT MONTGOMERY city councu Meem@ r o CHERYL J. KANE
Mayor Pro Temr .r City Attorney
ELOISE BROWN of V q�< 199Q -ebb PATRICK RICHARDS,A.I.C.P.
Councilmember ACTION: " /i i/, 1 000 Director of
CLINT HARPER, Ph.D. Community Development
Councilmember R. DENNIS DELZEIT
"! � �� y , �y,. .;
PAUL W. LAWRASON,Jr. y i' City Engineer
Councilmember BY - _ '. ,:
JOHN V.GILLESPIE
LILLIAN KELLERMAN Chief of Police
City Clerk RICHARD T. HARE
City Treasurer
MEMORANDUM
TO: The Honorable City Council
FROM: Susan Cauldwel sistant to the City Manager
DATE: August 14, 199
SUBJECT: DUI Litigation Funding Request
The attached letter from Simi Valley Mayor Greg Stratton
explains the progress on DUI litigation against the County.
The case is expected to be heard on August 17 , 1990.
As you know, the ten cities formed a joint powers authority
for the purpose of pursuing litigation to recover drunk
driving fines diverted by the County to cover the costs of
their probation program. Initial legal expenses were
estimated to be $25, 000. In March 1989, the City paid $1025
as its share of this cost. (Expenses are divided among the
cities on a per capita basis. )
As the letter indicates, an additional $30, 000 of legal
expenses has been incurred on behalf of the joint powers
authority. Moorparks 's share is $1230. The City Manager's
Committee of the AVCC has recommended paying these additional
legal costs. Funds are available in the special legal
services account of the FY90-91 City Attorney's budget.
Staff Recommendation:
Staff recommends that the City Council authorize payment of
$1230 from the special legal services account in the City
Attorney's budget for its share of additional legal expenses
related to drunk driving litigation against the County.
scl/attachment
799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864
CITY OF SIMI VALLEY
2929 TAPO CANYON ROAD,SIMI VALLEY,CALIFORNIA 93063
(805) 5834700
August 6, 1990
The Honorable Bernardo Perez
Mayor of the City of Moorpark
799 Moorpark Ave.
Moorpark, CA 93021
Dear Mayor Perez:
As you are probably aware, we are moving forward in our litigation toward an
August 17 hearing date for proper distribution of drunk driving fines from the
County of Ventura. We have thus far expended, and are now surpassing the original
first year estimate of $25,000. We expect that the August 17th hearing date will
provide us with some further direction on where we go, but are optimistic that
we will be in a good legal position after that time.
Our J.P.A. calls for each City to pay its appropriate share of litigation expenses
which exceed the first years estimate. After payment of the June, 1990 bill from
the attorney representing the cities, our initial funds were depleted. The total
cost to date (as of June) for legal expenses is approximately $41,200. We
anticipate another $13,800 in legal expenses from July up to the hearing date of
August 17th. This will be an estimated $30,000 above the $25,000 already
collected.
The City Managers discussed this issue at their recent meeting and are in
agreement that we should move forward to pay these additional legal costs. I
apologize that we weren't able to get to you prior to your July 1 budget adoption,
however, we were unable to properly predict costs before we were fully ready to
present our case to the Court. It is requested that you take the appropriate
action to provide funds as listed below, and that you forward the funds to Mr.
Robert Biery, Finance Director, City of Thousand Oaks.
City Amount
Oxnard $ 6,960
Thousand Oaks 5,580
Simi Valley 5,340
Ventura 4,860
Camarillo 2,580
Santa Paula 1,290
Moorpark 1,230
Port Hueneme 1,140
Fillmore 600
Ojai 420
$30.000 {.
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GREGORY STRATTON,Mayor l RECEIVED — 4 _+1•.
GLEN W.McADOO,Mayor Pro Tem y,�
VICKY HOWARD.Council Member AUGA p +_ - .h
ANN H. ROCK,Council Member 7 1990 "4
BILL DAVIS,Council Member .
372\CH1 City of Moorpark
These additional funds, again, should cover all the legal expenses incurred
through the August 17th hearing date. It depends on what happens at that hearing
whether any further requests for funds will be necessary. I look forward to
discussing our August 17th hearing at the next AVCC meeting in September.
If you have any questions or concerns, please contact me at your earliest
convenience.
ncerely,
Gregory ratton
Mayor
cc: City Managers
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