CITY COUNCIL: Resolution Approving MOU Regarding Maintenance of Effort Requirements Related to Proposition 172 Funding

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2008-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA APPROVING THE MEMORANDUM OF UNDERSTANDING REGARDING THE MAINTENANCE OF EFFORT REQUIREMENTS RELATED TO PROPOSITION 172 FUNDING

WHEREAS, the Local Public Safety Protection and Improvement Act of 1993 was approved as Proposition 172 by the voters at the statewide general election conducted on
November 2, 1993, and authorized the imposition of a sales and use tax at the rate of one-half percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in this State on and after January 1, 1994, proceeds of which tax were specifically designated exclusively to help fund public safety activities and services; and

WHEREAS, Assembly Bill 2788 was enacted into State statute implementing “Maintenance of Effort” minimum expenditure requirements for public safety services in each
community receiving Proposition 172 funds; and

WHEREAS, the City Council is required to establish the departments and municipal
activities which they consider to be public safety services and officially designate those services by Council Resolution; and

WHEREAS, Resolution 95-122 established the Fire and Police Departments as the
designated Public Safety Service Departments of the City of Carmel-by-the-Sea; and

WHEREAS, Proposition 172 allows for a jurisdictional exemption when total Maintenance of Effort funding falls below the Fiscal Year 1992-93 base year plus growth factor.

The law requires that the legislative body of the City and the Directors of the designated public safety service departments must agree on or before the adoption of the budget for each fiscal year through a contractual memorandum of understanding to the reduced funding levels.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES:

1. Approve the Memorandum of Understanding between the City and Directors of the
designated public safety service departments stating that the new fiscal year funding
levels for operations may not meet the Maintenance of Effort guidelines as provided
in Proposition 172.

2. Authorize the Mayor to execute the Agreement on behalf of the legislative body of
the City of Carmel-by-the-Sea.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 10th day of June 2008, by the following roll call vote:

AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:

SIGNED:

Heidi Burch, City Clerk

ATTEST:


SUE McCLOUD, MAYOR


MEMORANDUM OF UNDERSTANDING
REGARDING THE MAINTENANCE OF EFFORT REQUIREMENTS RELATED TO PROPOSITION 172 FUNDING BETWEEN THE CITY OF CARMEL-BY-THE-SEA LEGISLATIVE BODY AND THE DIRECTORS OF THE DESIGNATED SAFETY SERVICE DEPARTMENTS

Proposition 172 was passed and authorized a one-half cent public safety sales tax to help fund public safety activities and services.

Assembly Bill 2788 was enacted into state statute implementing “Maintenance of Effort” minimum expenditure requirements for public safety services in each community receiving Proposition 172 funds.

The City Council is required to establish the departments and municipal activities, which they consider to be public safety services by Resolution.

Resolution 95-122 established the Fire and Police Departments as the designated Public Safety Service Departments.

Proposition 172 allows for a jurisdictional exemption when total Maintenance of Effort funding falls below the Fiscal Year 1992-93 base year plus growth factor. The jurisdiction’s (City of Carmel-by-the-Sea) legislative body and the Directors of the designated public safety service departments must agree through contractual memorandum of understanding to the reduced funding levels.

It is agreed that the fiscal year funding levels for operations of the safety departments of Fire and Police may not meet the Maintenance of Effort guidelines as provided in AB 2788 and Proposition 172.

Executed this 10th day of June 2008, at Carmel-by-the-Sea, California.

________________________________ ____________________________
George Rawson, Police Chief Sue McCloud, Mayor
Public Safety Director City of Carmel-by-the-Sea on behalf of the legislative body