HomeMy WebLinkAboutMINUTES - 06022009 - C.69RECOMMENDATION(S):
ACCEPT this report and AUTHORIZE the County Administrator, or designee, to execute
the Maintenance of Effort Certification Form for FY 2008/09 as required by Chapter 886,
Statutes of 1994 to receive Proposition 172 (public safety sales tax increment) funds, and to
submit the Certificate to the County Auditor-Controller.
FISCAL IMPACT:
This Certificate of Maintenance of Effort is required by State statute as implemented by
guidelines issued by the Office of the State Controller. Failure to submit the required
certification form would result in the loss of nearly $70 million in State Proposition 172
funds for the current fiscal year.
BACKGROUND:
This ½ cent sales tax was authorized in 1994 as a result of the 1993/94 state budget process.
Proposition 172 (Senate Bill 509) designated that the ½ cent
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 06/02/2009 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Susan A. Bonilla, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: JULIE ENEA (925)
335-1077
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: June 2, 2009
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Katherine Sinclair, Deputy
cc: AUDITOR-CONTROLLER, CAO-FINANCE, CAO-PUB PROT, SHERIFF-CORONER, DISTRICT ATTORNEY, COUNTY PROBATION
OFFICER, PUBLIC DEFENDER, HEALTH SERVICES
C.69
To:Board of Supervisors
From:David Twa, County Administrator
Date:June 2, 2009
Contra
Costa
County
Subject:FY 2008/09 CERTIFICATION OF PROPOSITION 172 MAINTENANCE OF EFFORT
BACKGROUND: (CONT'D)
sales tax be deposited to newly-created state and local public safety trust funds and
allocated to local agencies to fund public safety activities such as police, sheriff, fire,
district attorney, county corrections, and ocean lifeguards. Court operations were
explicitly excluded.
To prevent supplantation of local revenues that would have otherwise been allocated to
public safety functions with Proposition 172 sales tax, the Legislature enacted Assembly
Bill 2788 as Chapter 886, Statutes of 1994. AB 2733 requires a local agency to commit
at least the same resources as were committed in FY 1992/93 (minus certain exclusions),
adjusted each year by any growth in its Proposition 172 revenue, as maintenance of effort
(MOE) in order to qualify to receive Proposition 172 (Public Safety Sales Tax).
AB 2733 does not specifically define what is meant by “public safety services” and
allows each county to make its own computation. In implementing the MOE section of
Assembly Bill 2788, as indicated in the Certification Form, it was most advantageous for
this County to define public safety as follows: District Attorney (Department 0242),
Probation (Departments (0308, 0309, 0310, 0311), Public Defender (Department 0243),
Sheriff-Coroner (Departments 0255, 0300, and 0359), and Inmate Medical Care
(Department 0301). It should be noted that the definition of “public safety services” for
computation of the MOE obligation does not in any way detract from the Board’s
authority to designate those funds to whatever public safety department or service it
chooses.
In FY 2005/06, this County received $$69.3 million in public safety sales tax funds
(Proposition 172), and in 2006/07 the County received $67.3 million, in FY 2007/08 the
County received $65.3 million, and in FY 2008/09 it is estimated that the County will
receive $61.3 million. All of these estimated funds have been budgeted in the District
Attorney and Sheriff budgets, pursuant to Board direction. For the current year, it is
estimated that Proposition 172 funds will pay for 36.6% of the District Attorney’s annual
net cost of operations and 27.6% of the Sheriff’s annual net cost of operations.
We have determined that for FY 2008/09, the adopted budget for the County-defined
public safety services exceeds the County’s MOE obligation by $ 138.4 million. In
computing the MOE, we followed the Public Safety MOE Requirement Uniform
Guidelines for California Counties and Cities approved by the State Association of
County Auditors. By authorizing the County Administrator to execute and submit the
MOE Certification Form to the County Auditor-Controller, the Board will assure that the
County will receive its full allotment of Proposition 172 funds for the current year.
CONSEQUENCE OF NEGATIVE ACTION:
CHILDREN'S IMPACT STATEMENT:
ATTACHMENTS
2008-09 MOE Certification Forms
Auditor-Controller
CONTRA COSTA COUNTY
AB2788 (Chapter 866/94)
Maintenance of Effort Certification Form
Name of County: Contra Costa
Fiscal Year of Certification: 2008/09
AB2788 Maintenance of Effort (MOE) Calculation:
Line 1: Total Public Safety Adopted Budget 255,456,452.00
(Amount of Line 4.1 from Form A)
Line 2: Public Safety MOE 117,028,128.41
(Amount of Line 3.2 from Form A)
Line 3: Difference (Amount of Line 1 minus Line 2)
Over/(Under) AB2788 MOE Requirements 138,428,323.59
(*Enter this amount below.)
Certification Statement:
I hereby certify that the County of Contra Costa is
/under (please circle one) the AB2788 Maintenance of Effort requirements
concerning the use of Proposition 172 revenues in the amount of
* 138,428,323.59 . Forms A and C are submitted in support of this
calculation. Detailed records concerning this calculation are available
upon request and will be retained.
Signature of County Official: ________________________
Date Signed: ___________________________________
over
Form A: AB2788 MOE Calculation Worksheet
Contra Costa
Step #1: Public Safety Services as Previously Defined
In 1994/95, the County established their definition of public safety services consistent with
Government Code Section 30052. Listed below are all departments included in this definition.
District Attorney Health Detention-Inmates Probation
Public Defender Sheriff (including Coroner)
Step #2: Growth Adjusted Base Year
The County determined the AB2788 base year amount in 1994/95 on Form B by using the 1992/93
adopted budget for all defined public safety departments.
Line 2.1: Total Base Year Forward 119,032,622.25
(Adjusted AB2788 Base Amount from Prior Year Form A, Line 3.2)
Step #3: New Base Amount for Local Agency
AB2788 includes a growth factor provision equal to the previous years' growth in Proposition
172 revenues. The Auditor-Controller's Office will provide cities and counties with this amount.
If appropriate, this amount should be added to the AB2788 Base Year.
Line 3.1: Growth Amount -2,004,493.84
Line 3.2: Total Base Amount for Local Agency 117,028,128.41
(Total of lines 2.1 and 3.1)
Step #4: Determine AB2788 Public Safety Budget for Certification Year
The County should determine the AB2788 Public Safety Budget for the Certification year. The
same departments and adjustments that were included in the AB2788 base year calculation
have been entered on Form C. Please complete Form C to provide the following:
Line 4.1: Total AB2788 Public Safety Budget 255,456,452.00
Step #5: AB2788 Maintenance of Effort (MOE) Calculation
Please complete the AB2788 Certification Form using the above information. The calculation
would be as follows:
Line 1 of the Certification Form Take the amount of Line 4.1, Form A
Line 2 of the Certification Form Less the amount of LIne 3.2, Form A
Line 3 of the Certification Form Equals the amount over/(under) AB2788 MOE
requirement.
Form A
Form C: AB2788 Maintenance-of-Effort (MOE) Base Year CalculationCertification Year: 2008/09CONTRA COSTA COUNTYPlease complete the following Form to calculate the AB2788 MOE base year. Describe all AB2788 adjustments in the space provided below.Public Safety Certification Year AB2788 AdjustmentsAdjusted AB2788Department Adopted Budget (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) Base YearDistrict Attorney (0242) 29,005,157 626,176 2,443,112 950,000 527,662 1,527,220 22,930,987Probation (0308) 28,177,617 172,120 380,034 27,625,463Probation (0309) 28,049,727 5,059,598 22,990,129Probation (0310) 7,094,643 2,500,000 4,594,643Public Defender (0243) 19,312,876 113,04319,199,833Sheriff (0255) 103,543,805 1,530,750 142,500 436,495 23,222,773 78,211,287Sheriff Detention (0300) 76,939,525 70,600 17,080,993 59,787,932Sheriff-Coroner (0359) 2,832,4502,832,450Hlth Detention Inmates (0301) 17,283,728 17,283,728 Total 312,239,528 2,227,526 314,620 8,432,282 950,000 17,080,993 23,750,435 2,500,000 1,527,220 0 0 255,456,452 Enter amount onAB2788 MOE Form A, Line 4.1Adjustments Comments: (1) Fixed Assets, Lease Purchases & Debt Service(2) POST and STC Reimbursement(3) Grants(4) Transfers/Recording Fees for Real Estate Fraud(5) Court Security, Hospital Security, EHS Security(6) Contracts with Other Jurisdictions(7) State Aid & Fed Aid Placement[8] Narcotics, Environmental, Fraud Forfeitures/DamagesCompleted By: Julie Enea, Senior Deputy County Administrator Phone: (925) 335-1077 Date: May 16, 2009 MOE-CALC.XLS