To: Sonoma County Board of Supervisors
Department or Agency Name(s): County Administrator’s Office and General Services Staff Name and Phone Number: Katherine DiPasqua 565-3779; Caroline Judy 565-8058
Vote Requirement: 4/5th
Supervisorial District(s): All
Title:
Title
Criminal and Traffic County Penalty Assessment Reduction
End
Recommended Action:
Recommended action
A) Adopt resolution reducing the County Penalty Assessment from seven dollars ($7) to five dollars ($5) for non-parking Criminal and Traffic violations in accordance with Government Code Sections 76000(e) and 70401(a). (Majority)
B) Adopt a resolution transferring $693,659 from FY 2018-19 Year-End Fund Balance designation and $500,000 from Courthouse Construction Set Aside in the FY 2019-20 Capital Budget into the Main Adult Detention Facility Inmate Connector project. (4/5th Vote Required)
end
Executive Summary:
On January 28, 1992 the Board of Supervisors authorized a seven dollar ($7) County Penalty Assessment, which included two dollars ($2) for the Courthouse Construction Fund (CCF). The Courthouse Construction Fund has historically been used to pay for capital improvements to detention and Court facilities. The Court and the County have mutually agreed to the list of improvements eligible for the funds.
Per Government Code Section 70402(a), with the completion of the bond indebtedness of the Main Adult Detention Facility, 98.28% of the remaining balance of the County’s CCF, in the amount of $1,424,320, is to be transferred back to the State Court Facilities Construction Fund, and the County Penalty Assessment is to be reduced to five dollars ($5).
Discussion:
County Penalty Fee
Government Code Section 76000(a), as amended by AB 1297, requires the Court to levy a County Penalty Assessment on every $10, or fraction thereof, of each fine, penalty, or forfeiture imposed for non-parking criminal offenses, including violations of the Vehicle Code. The Board of Supervisors specify by resolution the distribution of the penalty assessment revenues into one or more of the five funds established by the legislature under Government Code Sections 76100-76104. On January 28, 1992, the Board authorized a seven dollar ($7) assessment with following revenue distribution: four dollars ($4) to the Criminal Justice Facilities Construction Fund, two dollars ($2) to the Courthouse Construction Fund, and one dollar ($1) to the Emergency Medical Services Fund.
Pursuant to Government Code Section 70402(a) any amount in a County’s Courthouse Construction Fund (CCF) shall be transferred to the State Court Facilities Construction Fund on the date of the final payment of bond indebtedness for any court facility that is paid from the fund. The County retired its debt paid on the Main Adult Detention Facility on November 15, 2017. Section 76000(e) of the Code specifies that the seven dollar ($7) additional penalty authorized shall be reduced by the two dollar ($2) penalty amount assessed by the County for the local CCF, when the money in that fund is transferred back to the state.
Courthouse Construction Fund (CCF)
Based on the square footage of the Court facilities that have been transferred to the State, 98.28% of the balance in the CCF is due to the State Court Facilities Construction Fund. The available fund balance in the CCF on June 30, 2019 was $1,323,372. The Auditor Controller Treasurer Tax Collector (ACTTC) booked a FY 2018-19 payable to the State, in the amount of $1,300,372. Since then, the fund has earned an additional $125,875 in revenue. Using the 98.28% factor, an additional $123,710 will need to be added to the previously accrued payable amount, bringing the total amount due to $1,424,320.
Former Government Code Section 70404, which sunsetted by its own terms on January 1, 2010, allowed the County to request project approval from the Judicial Council to utilize CCF funds on capital projects. While this policy was in place, the General Services Department received approval to use CCF to complete the various projects in the Hall of Justice building.
In September 2018, the Board approved the construction contract award of the Main Adult Detention Facility (MADF) Inmate Connector Project to Thompson Builders Corporation, in the amount of $9,085,658, for a total project cost of $14,502,409. General Services had hoped to use $1,193,659 of the CCF fund balance to complete project funding. However, because Section 70404 is no longer in place, the Judicial Council was statutorily unable to approve the County’s request for funding.
In anticipation of the Judicial Council’s decision, the County Administrator set aside $500,000 in the FY 19-20 Capital Budget and $693,659 in a FY 18-19 Year-End Fund Balance designation for the MADF Inmate Connector project. Today’s action will transfer those funds to the project, thus preventing any project delays or additional budget requests.
Prior Board Actions:
January 28, 1992 - Resolution 92-0127
Fiscal Summary
|
Expenditures |
FY 19-20 Adopted |
FY20-21 Projected |
FY 21-22 Projected |
|
Budgeted Expenses |
|
|
|
|
Additional Appropriation Requested |
1,193,659 |
|
|
|
Total Expenditures |
1,193,659 |
|
|
|
Funding Sources |
|
|
|
|
General Fund/WA GF |
|
|
|
|
State/Federal |
|
|
|
|
Fees/Other |
|
|
|
|
Use of Fund Balance |
1,193,659 |
|
|
|
Contingencies |
|
|
|
|
Total Sources |
1,193,659 |
|
|
Narrative Explanation of Fiscal Impacts:
Court Penalty Assessment revenues in the Courthouse Construction Fund (CCF) have been steadily declining in recent years, from approximately $500,000 in FY 14-15 to $350,000 in FY 18-19. Today’s action will reduce the County Penalty Assessment from seven dollars ($7) to five dollars ($5), thus ending future contributions into the County’s CCF. Per Section 70402(a), 98.28% of the fund balance in the CCF, equaling $1,424,320, is due back to the State Court Facilities Construction Fund. The Auditor Controller Treasurer Tax Collector has already booked a FY 18-19 Payable for this repayment, so no additional budget adjustments are needed.
This item also authorizes the transfer of funds set aside in the FY 19-20 Capital Budget and FY 18-19 Year-End Fund Balance, for a total of amount of $1,193,659, to the MADF Inmate Connector project to offset funding General Services had originally intended to come from the CCF.
Staffing Impacts:
|
Position Title (Payroll Classification) |
Monthly Salary Range (A-I Step) |
Additions (Number) |
Deletions (Number) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Narrative Explanation of Staffing Impacts (If Required):
Attachments:
Fee Reduction Resolution
Budget Resolution
Related Items “On File” with the Clerk of the Board: