30051. (a) The Local Public Safety Fund is hereby created in the
State Treasury. The fund shall consist of the Interim Public Safety
Account to receive all revenues deposited therein pursuant to former
paragraph (8) of, and the Public Safety Account to receive all those
revenues deposited therein pursuant to former paragraph (9) of,
subdivision (a) of Section 7102 of the Revenue and Taxation Code.
Moneys in the fund may only be appropriated for the purposes
specified in Section 30052.
(b) Notwithstanding any other law, the Controller may use the
moneys in the Public Safety Account in the Local Public Safety Fund
for loans to the General Fund as provided in Sections 16310 and
16381. However, interest shall be paid on all moneys loaned to the
General Fund from the Public Safety Account in the Local Public
Safety Fund. Interest payable shall be computed at a rate determined
by the Pooled Money Investment Board to be the current earning rate
of the fund from which loaned. This subdivision does not authorize
any transfer that will interfere with the carrying out of the object
for which the Public Safety Account in the Local Public Safety Fund
was created.
30052. (a) Notwithstanding Section 13340, the two accounts in the
Local Public Safety Fund created in Section 30051 are hereby
continuously appropriated, without regard to fiscal years, to the
Controller for allocation to each qualified county in proportion to
its share of the total taxable sales in all qualified counties during
the most recent calendar year for which sales have been reported by
the State Board of Equalization. The amounts so allocated shall be
available only for public safety services, and shall be allocated in
each qualified county in the manner and amount determined pursuant to
Section 30054.
(b) For purposes of this chapter:
(1) "Public safety services" includes, but is not limited to,
sheriffs, police, fire protection, county district attorneys, county
corrections, and ocean lifeguards. "Public safety services" does not
include courts.
(2) "Qualified county" means:
(A) With respect to the Interim Public Safety Account, any county
in which the board of supervisors, on or before August 1, 1993,
adopts a resolution that does both of the following:
(i) Requests an allocation of revenue from the Local Public Safety
Fund.
(ii) Ratifies the statewide imposition of an additional 1/2
percent rate of sales and use tax pursuant to Senate Constitutional
Amendment 1 on the November 2, 1993, special election ballot.
(B) With respect to the Public Safety Account, any county in which
the board of supervisors has adopted a resolution as described in
subparagraph (A) or in which the tax levied pursuant to Section 35 of
Article XIII of the California Constitution is approved by a
majority of the county's voters voting on the issue at the November
2, 1993, special election.
(c) The board of supervisors of a qualified county shall send a
copy of the resolution adopted pursuant to subdivision (b) to the
Controller.
30053. (a) On or before the 27th day of each month, the Controller
shall allocate to each qualified county the amounts deposited and
remaining unexpended and unresolved in the Local Public Safety Fund
on the 15th day of each month as provided in Section 30052.
(b) Commencing with the 1996-97 fiscal year, on or before the 20th
day of each month, the county auditor shall, as provided in Section
30055, allocate to the county and to each city within the county
those amounts allocated to the county in the previous month pursuant
to subdivision (a).
30054. (a) For the 1993-94, 1994-95, and 1995-96 fiscal years only,
the amounts allocated pursuant to Sections 30052 and 30053 shall be
available only for public safety services, and shall be allocated in
each qualified county to local agencies as provided in subdivision
(b).
(b) (1) Each county shall create a Public Safety Augmentation Fund
that shall consist of all revenues received by the county as a
result of the allocations pursuant to Sections 30052 and 30053.
(2) Except as provided in paragraph (3) or (4), for each of the
1993-94, 1994-95, and 1995-96 fiscal years only, the augmentation
fund described in paragraph (1) shall be allocated among the cities
in the county that provide public safety services as follows:
(A) The auditor shall determine an allocation factor for each city
within the county, the numerator of which shall be the amount of
revenue shifted from that city to the Educational Revenue
Augmentation Fund pursuant to Section 97.3 of the Revenue and
Taxation Code for the 1993-94 fiscal year, less the amount of vehicle
license fee revenues allocated to the city pursuant to Section
11005.4 of the Revenue and Taxation Code for the 1993-94 fiscal year,
and the denominator of which shall be the amount of revenue shifted
from all cities in the county and from the county to the Educational
Revenue Augmentation Fund pursuant to Section 97.3 of the Revenue and
Taxation Code for the 1993-94 fiscal year, less the amount of
vehicle license fee revenues allocated to the county and all cities
in the county pursuant to Section 11005.4 of the Revenue and Taxation
Code for the 1993-94 fiscal year.
(B) The auditor shall multiply the amount in the augmentation fund
by the allocation factor determined in subparagraph (A) for each
city.
(C) The allocation factor to be used for each city for the 1993-94
fiscal year may not result in an allocation that exceeds 50 percent
of the difference between the following amounts:
(i) The amount by which the city's allocation of property tax
revenues was reduced pursuant to Section 97.3 of the Revenue and
Taxation Code for the 1993-94 fiscal year.
(ii) The amount of vehicle license fee revenues allocated to the
city pursuant to Section 11005.4 of the Revenue and Taxation Code for
the 1993-94 fiscal year.
(D) The allocation factor determined pursuant to this paragraph
for the 1993-94 fiscal year shall also be applied in each fiscal year
thereafter.
(3) Notwithstanding paragraph (2), for each of the 1993-94,
1994-95, and 1995-96 fiscal years only, the amount in the
augmentation fund established pursuant to paragraph (1) of each
county described in subparagraph (C) shall be allocated to the cities
in the county that provide public safety services as follows:
(A) The auditor shall determine an allocation factor for each city
within the county, the numerator of which shall be the amount of the
revenue shifted from that city to the Educational Revenue
Augmentation Fund pursuant to Section 97.3 of the Revenue and
Taxation Code for the 1993-94 fiscal year, and the denominator of
which shall be the amount of revenue shifted from all cities in the
county to the Educational Revenue Augmentation Fund pursuant to
Section 97.3 of the Revenue and Taxation Code for the 1993-94 fiscal
year.
(B) The auditor shall multiply 5 percent of the amount in the
augmentation fund established pursuant to paragraph (1) by the
allocation factor determined for each city in subparagraph (A). The
amount so computed for each city shall be allocated to that city.
(C) This paragraph applies only to the Counties of Fresno, Kings,
Merced, San Bernardino, San Diego, San Joaquin, Solano, and Yolo.
(D) This paragraph shall apply to a particular county described in
subparagraph (C) only if the total amount allocated under this
paragraph to all of the cities therein that provide public safety
services is less than the amount that would otherwise be allocated to
all of those cities pursuant to paragraph (2).
(4) Notwithstanding paragraph (2), for each of the 1993-94,
1994-95, and 1995-96 fiscal years only, the amount in the
augmentation fund established pursuant to paragraph (1) for the
County of Alameda shall be allocated to the cities in the County of
Alameda that provide public safety services as follows:
(A) The auditor shall determine an allocation factor for each city
within the county, the numerator of which shall be the amount of the
revenue shifted from that city to the Educational Revenue
Augmentation Fund pursuant to Section 97.3 of the Revenue and
Taxation Code for the 1993-94 fiscal year, and the denominator of
which shall be the amount of revenue shifted from all cities in the
County of Alameda to the Educational Revenue Augmentation Fund
pursuant to Section 97.3 of the Revenue and Taxation Code for the
1993-94 fiscal year.
(B) The auditor shall multiply 6.1 percent of the amount in the
augmentation fund established pursuant to paragraph (1) by the
allocation factor determined for each city in subparagraph (A). The
amount so computed for each city shall be allocated to that city.
(5) All moneys in the Public Safety Augmentation Fund not
allocated to any city within the county pursuant to paragraph (2),
(3), or (4) shall be allocated to the county.
30055. For the 1996-97 fiscal year and each fiscal year thereafter,
each county shall establish a Public Safety Augmentation Fund in the
county treasury to receive those revenues allocated to the county
pursuant to Sections 30052 and 30053. Amounts deposited in this fund
shall be expended exclusively to fund public safety services, and for
that purpose shall be allocated among the county and the cities in
the county that provide public safety services, as follows:
(a) In allocating revenues from the Public Safety Augmentation
Fund to cities, the auditor shall, except as otherwise provided in
subdivision (b), (c), (d), or (e), comply with all of the following:
(1) For the 1997-98 fiscal year and each fiscal year thereafter,
the auditor shall allocate to each city from the county's Public
Safety Augmentation Fund the same percentage of the total amount of
moneys deposited in that fund that was allocated to that city for the
1995-96 fiscal year.
(2) (A) In accordance with the payment schedule set forth in
subparagraph (B), the auditor shall, commencing with September 1997,
allocate to each city that city's reconciliation amount if, and only
if, the reconciliation amount is a positive number. For purposes of
this subparagraph, a city's reconciliation amount means the
difference between the following amounts:
(i) The amount that would have been allocated to that city from
the county's Public Safety Augmentation Fund for the 1996-97 fiscal
year, if moneys had been so allocated to that city using the same
percentage of the total amount of money deposited in that fund that
was allocated to that city for the 1995-96 fiscal year.
(ii) The amount that was in fact allocated from the county's
Public Safety Augmentation Fund to that city for the 1996-97 fiscal
year.
(B) The auditor shall allocate each city's reconciliation amount
to that city in 36 equal and consecutive monthly installments,
commencing on September 1, 1997. Each of these installments shall be
paid at the same time as the regular monthly allocation made to that
city pursuant to this section, and no interest shall be paid on any
of these installments. However, if directed by the board of
supervisors, the county auditor may expedite payment of the
installments.
(b) Notwithstanding subdivision (a), the amount in the
augmentation fund established pursuant to this section in each county
described in paragraph (3) shall be allocated to the cities in that
county that provide public safety services, as follows:
(1) The auditor shall determine an allocation factor for each city
within the county, the numerator of which shall be the amount of the
revenue shifted from that city to the Educational Revenue
Augmentation Fund pursuant to Section 97.3 of the Revenue and
Taxation Code for the 1993-94 fiscal year, and the denominator of
which shall be the amount of revenue shifted from all cities in the
county to the Educational Revenue Augmentation Fund pursuant to
Section 97.3 of the Revenue and Taxation Code for the 1993-94 fiscal
year.
(2) The auditor shall multiply 5 percent of the amount in the
augmentation fund established pursuant to this section by the
allocation factor determined for each city in paragraph (1). The
amount so computed for each city shall be allocated to that city.
(3) This subdivision applies only to the Counties of Fresno,
Kings, Merced, San Bernardino, San Joaquin, Solano, and Yolo.
(4) This subdivision shall apply to a particular county described
in paragraph (3) only if the total amount allocated under this
paragraph to all of the cities therein that provide public safety
services is less than the amount that would otherwise be allocated to
all of those cities pursuant to subdivision (a).
(c) Notwithstanding subdivision (a), the amount in the
augmentation fund established pursuant to this section for the County
of Alameda shall be allocated to the cities in the County of Alameda
that provide public safety services as follows:
(1) The auditor shall determine an allocation factor for each city
within the county, the numerator of which shall be the amount of the
revenue shifted from that city to the Educational Revenue
Augmentation Fund pursuant to Section 97.3 of the Revenue and
Taxation Code for the 1993-94 fiscal year, and the denominator of
which shall be the amount of revenue shifted from all cities in the
County of Alameda to the Educational Revenue Augmentation Fund
pursuant to Section 97.3 of the Revenue and Taxation Code for the
1993-94 fiscal year.
(2) The auditor shall multiply 6.1 percent of the amount in the
augmentation fund established pursuant to this section by the
allocation factor determined for each city in paragraph (1). The
amount so computed for each city shall be allocated to that city.
(d) Notwithstanding subdivision (a), for the 1997-98 fiscal year
and each fiscal year thereafter, the auditor in the County of San
Diego shall allocate to each eligible city in the county that
provides public safety services, from the county's Public Safety
Augmentation Fund created pursuant to paragraph (1), an amount
obtained by multiplying the amount in the Public Safety Augmentation
Fund by the allocation factor listed below for each city:
Carlsbad.......................... 0.3582694
Chula Vista....................... 0.3126700
Coronado.......................... 0.1205707
Del Mar........................... 0.0266781
El Cajon.......................... 0.1479797
Escondido......................... 0.2874369
Imperial Beach.................... 0.0543447
La Mesa........................... 0.1035164
Lemon Grove....................... 0.0151415
National City..................... 0.0569347
Oceanside......................... 0.6955004
San Diego......................... 3.1831131
San Marcos........................ 0.0585130
Vista............................. 0.2269571
(e) Notwithstanding subdivision (a), the amount in the Public
Safety Augmentation Fund established pursuant to this section for the
County of Los Angeles shall be allocated to each eligible city in
the county that provides public safety services as follows:
(1) For the 1997-98 and each fiscal year thereafter, the auditor
shall allocate to eligible cities within the county the same
percentage share of the augmentation fund that each eligible city
received from amounts deposited into the augmentation fund for the
1995-96 fiscal year.
(2) For the 1996-97 fiscal year, the auditor shall allocate to
eligible cities within the county the amount that would have been
allocated to each of those cities had subdivision (a), as it read on
January 1, 1997, been applied to amounts deposited into the
augmentation fund for the 1995-96 fiscal year.
(3) Any amount calculated for a city pursuant to paragraph (2)
that differs from the amount allocated to a city in the 1995-96
fiscal year shall be known as the "reconciliation amount."
(4) Any positive reconciliation amount calculated for a city
pursuant to paragraph (3) shall be allocated to the appropriate city
according to the following schedule:
(A) For the 1996-97 fiscal year, 50 percent of the reconciliation
amount shall be paid within 31 days of the effective date of the act
adding this subdivision.
(B) For the 1997-98 fiscal year, 25 percent of the reconciliation
amount shall be paid, on a monthly basis, in 12 equal installments,
with the first payment due July 20, 1997. However, any installment
that is due prior to the effective date of the act adding this
subdivision is due within 31 days of the effective date of the act
adding this subdivision if that effective date is after July 20,
1997.
(C) For the 1998-99 fiscal year, 25 percent of the reconciliation
amount shall be paid in full by September 30, 1998.
(5) The amount due a city in the fiscal year identified in
paragraph (4) shall be offset by the positive growth calculated as
follows:
(A) For the 1996-97 fiscal year, positive growth is the difference
between a city's share of funds allocated in the 1995-96 fiscal year
and the amount calculated as if paragraph (1) had been in effect for
the 1996-97 fiscal year. If positive growth for the 1996-97 fiscal
year cannot be calculated at the time the allocation is made to a
city pursuant to subparagraph (A) of paragraph (4), the positive
growth for the 1996-97 fiscal year will be treated as an additional
offset against payments to that city required pursuant to
subparagraph (B) of paragraph (4).
(B) For the 1997-98 fiscal year, positive growth is the difference
between a city's share of funds that would have been allocated in
the 1996-97 fiscal year, had the allocation requirement of paragraph
(1) been in effect for the 1996-97 fiscal year, and the amount
calculated pursuant to paragraph (1) for the 1997-98 fiscal year.
(C) For the 1998-99 fiscal year, positive growth is the difference
between a city's share of funds allocated in the 1997-98 fiscal
year, excluding the reconciliation amount for that year, and the
amount calculated pursuant to paragraph (1) for the 1998-99 fiscal
year.
(6) Reconciliation amounts due in the 1998-99 fiscal year that are
paid later than September 30, 1998, shall be subject to interest at
the rate of 7 percent calculated from July 1, 1997.
(f) All moneys in the Public Safety Augmentation Fund not
allocated to any city within the county pursuant to subdivision (a),
(b), (c), (d), or (e) shall be allocated to the county.
(g) The amendments made to subdivision (a) by the act adding this
subdivision shall be applicable for the 1997-98 fiscal year and each
fiscal year thereafter.
30056. (a) Notwithstanding any other provision of this chapter,
commencing with the 1994-95 fiscal year, except as provided in
subdivision (c), any county, city and county, or city, including any
charter city, that funds all combined public safety services within
its respective jurisdiction from existing local financial resources,
in an amount for the fiscal year that is less than the base amount
for that local agency, shall have its total fiscal year allocations
from the Public Safety Augmentation Fund reduced by the difference
between those amounts. Any amount not allocated to a county as a
result of this paragraph shall be allocated to cities in that county
in proportion to the total fiscal year allocations otherwise received
by those cities pursuant to Section 30054, and any amount not
allocated to a city or cities as a result of this paragraph shall be
allocated to the county. For purposes of applying this subdivision,
the amount of funding within a local jurisdiction for combined public
safety services for each fiscal year shall be determined in
accordance with the budget adopted by that jurisdiction for that
fiscal year. For any city that is subject to a final arbitration
decision, that is rendered on or before December 31, 1994, pursuant
to binding labor arbitration as required by that city's charter as
approved by the voters on November 4, 1980, the amount of funding for
combined public safety services for the 1994-95 fiscal year shall be
determined in accordance with any amended budget adopted by that
city for the 1994-95 fiscal year.
(b) For the purposes of this section:
(1) "Local financial resources" means local general fund
appropriations for operational expenses and allocations from the
Public Safety Augmentation Fund, but shall not include any of the
following amounts:
(A) Grant funds received by a county, city and county, or city,
including any charter city, from any source.
(B) Revenues received by a county or city and county for the child
support-related activities of the district attorney performed
pursuant to Part D Subchapter 4 of the Social Security Act (42 U.S.C.
301 et seq.).
(C) Asset forfeiture revenues received by a county, city and
county, or city, including any charter city.
(D) Revenues appropriated by a county, city and county, or city,
including any charter city, for capital outlay expenditures.
(E) Revenues appropriated by a county, city and county, or city,
including any charter city, for one-time expenditures.
(F) Any amount that is attributable to a decrease in
appropriations by a county, city and county, or city, including any
charter city, for retirement costs or workers' compensation costs
that do not result in a change in benefit levels.
(G) Revenues received by a county, city and county, or city,
including a charter city, pursuant to a contract under which that
county, city and county, or city provides public safety services for
another jurisdiction.
(H) Revenues that were not appropriated by a county, city and
county, or city, including any charter city, for public safety
services in the base year, but are so appropriated in the current
fiscal year as a result of a change of organization or reorganization
that became effective pursuant to the Cortese-Knox-Hertzberg Local
Government Reorganization Act of 2000 (Division 3 (commencing with
Section 56000) of Title 5) subsequent to the base year.
(I) Revenues received by a county or city and county pursuant to
Chapter 3 (commencing with Section 15200) of Part 6 of Division 3 of
Title 2, or any other reimbursement by the state for homicide trial
costs, including, but not limited to, Chapter 1649 of the Statutes of
1990 and its successors.
(J) Revenues derived from any source by a county, city and county,
or city, including any charter city, to respond to a state of
emergency declared by the Governor pursuant to the California
Emergency Services Act (Chapter 7 (commencing with Section 8550) of
Division 1 of Title 2).
(2) "Base year" means, for each county, city and county, or city,
the 1992-93 fiscal year.
(3) "Base amount for that local agency" means an amount, equal to
the amount of the adopted budget for all combined public safety
services within its respective jurisdiction for the base year, that
is adjusted as follows:
(A) For the 1994-95 fiscal year only, that amount shall be
increased or decreased in accordance with the positive or negative
difference between the amount allocated for the 1994-95 fiscal year
to that local agency from the Public Safety Augmentation Fund and the
corresponding amount allocated to that local agency for the 1993-94
fiscal year. For purposes of this subparagraph, the amount to be
allocated to the local agency from the Public Safety Augmentation
Fund for the 1994-95 fiscal year shall be estimated based on the
allocations to that agency determined over the first six months of
that fiscal year.
(B) For the 1995-96 fiscal year and each fiscal year thereafter,
that amount shall be increased or decreased in accordance with the
positive or negative difference between (i) the amount allocated to
the local agency from the Public Safety Augmentation Fund in the
immediately preceding fiscal year, and (ii) the corresponding amount
allocated to the local agency in the next preceding fiscal year.
Notwithstanding any other provision of this subparagraph, in no event
shall the base amount for a local agency be less than the amount of
funding for all combined public safety services within the
jurisdiction of that local agency for the base year.
(4) The amount of funding for all combined public safety services
within the jurisdiction of a local agency for the base year does not
include any of the following amounts:
(A) Grant funds from any source expended by a county, city and
county, or city, including any charter city, during the base year for
public safety services.
(B) Revenues received by a county or city and county for the child
support-related activities of the district attorney performed
pursuant to Part D of Subchapter 4 of the Social Security Act (42
U.S.C. 301 et seq.).
(C) Asset forfeiture revenues expended by a county, city and
county, or city, including any charter city, during the base year for
public safety services.
(D) Capital outlay funds expended by a county, city and county, or
city, including any charter city, during the base year for public
safety.
(E) Any amount expended by a city and county during the base year
to fund retirement costs that are not attributable to any change in
benefit levels.
(F) Any amount expended by a county, city and county, or city,
including any charter city, during the base year to fund one-time
expenditures for public safety services.
(G) Any amount expended during the base year by a county, city and
county, or city pursuant to a contract under which that county, city
and county, or city provides public safety services for another
jurisdiction.
(H) Amounts expended by a county, city and county, or city,
including any charter city, in the base year for public safety
services that are not appropriated for similar expenditure in the
current fiscal year as a result of a change of organization or
reorganization that became effective pursuant to the
Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000
(Division 3 (commencing with Section 56000) of Title 5) subsequent to
the base year.
(I) Any amount expended during the base year for homicide trial
costs that are reimbursable pursuant to Chapter 3 (commencing with
Section 15200) of Part 6 of Division 3 of Title 2 or any other
program, including, but not limited to, Chapter 1649 of the Statutes
of 1990 and its successors.
(J) Any amount expended during the base year to provide public
safety services during a state of emergency declared by the Governor
pursuant to the California Emergency Services Act (Chapter 7
(commencing with Section 8550) of Division 1 of Title 2).
(c) This section shall not be applicable to any of the following
jurisdictions:
(1) With respect to a specific fiscal year, any county, city and
county, or city whose legislative body has entered into a memorandum
of understanding or other binding agreement on or before the adoption
of the budget of the county, city, or city and county for that
fiscal year with all local public safety entities that relates to
those entities' respective shares of the local agency's allocation
from the county's Public Safety Augmentation Fund.
(2) Any city for which the amount of the reduction calculated
under Section 97.035 of the Revenue and Taxation Code is zero.
(d) Officials of a county, city and county, or city, including any
charter city, shall, upon request, provide the county auditor any
information that the auditor needs to make the determinations
required by this section. In carrying out the requirements of this
section, the auditor may, but is not required to, audit the
information provided by a county, city and county, or city, including
any charter city.
(e) It is the intent of the Legislature that this section shall
apply to all cities, including charter cities. The Legislature finds
and declares that the allocation of the Public Safety Augmentation
Fund is a matter of statewide concern and is not merely a municipal
affair or a matter of local interest.
30051. (a) The Local Public Safety Fund is hereby created in the
State Treasury. The fund shall consist of the Interim Public Safety
Account to receive all revenues deposited therein pursuant to former
paragraph (8) of, and the Public Safety Account to receive all those
revenues deposited therein pursuant to former paragraph (9) of,
subdivision (a) of Section 7102 of the Revenue and Taxation Code.
Moneys in the fund may only be appropriated for the purposes
specified in Section 30052.
(b) Notwithstanding any other law, the Controller may use the
moneys in the Public Safety Account in the Local Public Safety Fund
for loans to the General Fund as provided in Sections 16310 and
16381. However, interest shall be paid on all moneys loaned to the
General Fund from the Public Safety Account in the Local Public
Safety Fund. Interest payable shall be computed at a rate determined
by the Pooled Money Investment Board to be the current earning rate
of the fund from which loaned. This subdivision does not authorize
any transfer that will interfere with the carrying out of the object
for which the Public Safety Account in the Local Public Safety Fund
was created.
30052. (a) Notwithstanding Section 13340, the two accounts in the
Local Public Safety Fund created in Section 30051 are hereby
continuously appropriated, without regard to fiscal years, to the
Controller for allocation to each qualified county in proportion to
its share of the total taxable sales in all qualified counties during
the most recent calendar year for which sales have been reported by
the State Board of Equalization. The amounts so allocated shall be
available only for public safety services, and shall be allocated in
each qualified county in the manner and amount determined pursuant to
Section 30054.
(b) For purposes of this chapter:
(1) "Public safety services" includes, but is not limited to,
sheriffs, police, fire protection, county district attorneys, county
corrections, and ocean lifeguards. "Public safety services" does not
include courts.
(2) "Qualified county" means:
(A) With respect to the Interim Public Safety Account, any county
in which the board of supervisors, on or before August 1, 1993,
adopts a resolution that does both of the following:
(i) Requests an allocation of revenue from the Local Public Safety
Fund.
(ii) Ratifies the statewide imposition of an additional 1/2
percent rate of sales and use tax pursuant to Senate Constitutional
Amendment 1 on the November 2, 1993, special election ballot.
(B) With respect to the Public Safety Account, any county in which
the board of supervisors has adopted a resolution as described in
subparagraph (A) or in which the tax levied pursuant to Section 35 of
Article XIII of the California Constitution is approved by a
majority of the county's voters voting on the issue at the November
2, 1993, special election.
(c) The board of supervisors of a qualified county shall send a
copy of the resolution adopted pursuant to subdivision (b) to the
Controller.
30053. (a) On or before the 27th day of each month, the Controller
shall allocate to each qualified county the amounts deposited and
remaining unexpended and unresolved in the Local Public Safety Fund
on the 15th day of each month as provided in Section 30052.
(b) Commencing with the 1996-97 fiscal year, on or before the 20th
day of each month, the county auditor shall, as provided in Section
30055, allocate to the county and to each city within the county
those amounts allocated to the county in the previous month pursuant
to subdivision (a).
30054. (a) For the 1993-94, 1994-95, and 1995-96 fiscal years only,
the amounts allocated pursuant to Sections 30052 and 30053 shall be
available only for public safety services, and shall be allocated in
each qualified county to local agencies as provided in subdivision
(b).
(b) (1) Each county shall create a Public Safety Augmentation Fund
that shall consist of all revenues received by the county as a
result of the allocations pursuant to Sections 30052 and 30053.
(2) Except as provided in paragraph (3) or (4), for each of the
1993-94, 1994-95, and 1995-96 fiscal years only, the augmentation
fund described in paragraph (1) shall be allocated among the cities
in the county that provide public safety services as follows:
(A) The auditor shall determine an allocation factor for each city
within the county, the numerator of which shall be the amount of
revenue shifted from that city to the Educational Revenue
Augmentation Fund pursuant to Section 97.3 of the Revenue and
Taxation Code for the 1993-94 fiscal year, less the amount of vehicle
license fee revenues allocated to the city pursuant to Section
11005.4 of the Revenue and Taxation Code for the 1993-94 fiscal year,
and the denominator of which shall be the amount of revenue shifted
from all cities in the county and from the county to the Educational
Revenue Augmentation Fund pursuant to Section 97.3 of the Revenue and
Taxation Code for the 1993-94 fiscal year, less the amount of
vehicle license fee revenues allocated to the county and all cities
in the county pursuant to Section 11005.4 of the Revenue and Taxation
Code for the 1993-94 fiscal year.
(B) The auditor shall multiply the amount in the augmentation fund
by the allocation factor determined in subparagraph (A) for each
city.
(C) The allocation factor to be used for each city for the 1993-94
fiscal year may not result in an allocation that exceeds 50 percent
of the difference between the following amounts:
(i) The amount by which the city's allocation of property tax
revenues was reduced pursuant to Section 97.3 of the Revenue and
Taxation Code for the 1993-94 fiscal year.
(ii) The amount of vehicle license fee revenues allocated to the
city pursuant to Section 11005.4 of the Revenue and Taxation Code for
the 1993-94 fiscal year.
(D) The allocation factor determined pursuant to this paragraph
for the 1993-94 fiscal year shall also be applied in each fiscal year
thereafter.
(3) Notwithstanding paragraph (2), for each of the 1993-94,
1994-95, and 1995-96 fiscal years only, the amount in the
augmentation fund established pursuant to paragraph (1) of each
county described in subparagraph (C) shall be allocated to the cities
in the county that provide public safety services as follows:
(A) The auditor shall determine an allocation factor for each city
within the county, the numerator of which shall be the amount of the
revenue shifted from that city to the Educational Revenue
Augmentation Fund pursuant to Section 97.3 of the Revenue and
Taxation Code for the 1993-94 fiscal year, and the denominator of
which shall be the amount of revenue shifted from all cities in the
county to the Educational Revenue Augmentation Fund pursuant to
Section 97.3 of the Revenue and Taxation Code for the 1993-94 fiscal
year.
(B) The auditor shall multiply 5 percent of the amount in the
augmentation fund established pursuant to paragraph (1) by the
allocation factor determined for each city in subparagraph (A). The
amount so computed for each city shall be allocated to that city.
(C) This paragraph applies only to the Counties of Fresno, Kings,
Merced, San Bernardino, San Diego, San Joaquin, Solano, and Yolo.
(D) This paragraph shall apply to a particular county described in
subparagraph (C) only if the total amount allocated under this
paragraph to all of the cities therein that provide public safety
services is less than the amount that would otherwise be allocated to
all of those cities pursuant to paragraph (2).
(4) Notwithstanding paragraph (2), for each of the 1993-94,
1994-95, and 1995-96 fiscal years only, the amount in the
augmentation fund established pursuant to paragraph (1) for the
County of Alameda shall be allocated to the cities in the County of
Alameda that provide public safety services as follows:
(A) The auditor shall determine an allocation factor for each city
within the county, the numerator of which shall be the amount of the
revenue shifted from that city to the Educational Revenue
Augmentation Fund pursuant to Section 97.3 of the Revenue and
Taxation Code for the 1993-94 fiscal year, and the denominator of
which shall be the amount of revenue shifted from all cities in the
County of Alameda to the Educational Revenue Augmentation Fund
pursuant to Section 97.3 of the Revenue and Taxation Code for the
1993-94 fiscal year.
(B) The auditor shall multiply 6.1 percent of the amount in the
augmentation fund established pursuant to paragraph (1) by the
allocation factor determined for each city in subparagraph (A). The
amount so computed for each city shall be allocated to that city.
(5) All moneys in the Public Safety Augmentation Fund not
allocated to any city within the county pursuant to paragraph (2),
(3), or (4) shall be allocated to the county.
30055. For the 1996-97 fiscal year and each fiscal year thereafter,
each county shall establish a Public Safety Augmentation Fund in the
county treasury to receive those revenues allocated to the county
pursuant to Sections 30052 and 30053. Amounts deposited in this fund
shall be expended exclusively to fund public safety services, and for
that purpose shall be allocated among the county and the cities in
the county that provide public safety services, as follows:
(a) In allocating revenues from the Public Safety Augmentation
Fund to cities, the auditor shall, except as otherwise provided in
subdivision (b), (c), (d), or (e), comply with all of the following:
(1) For the 1997-98 fiscal year and each fiscal year thereafter,
the auditor shall allocate to each city from the county's Public
Safety Augmentation Fund the same percentage of the total amount of
moneys deposited in that fund that was allocated to that city for the
1995-96 fiscal year.
(2) (A) In accordance with the payment schedule set forth in
subparagraph (B), the auditor shall, commencing with September 1997,
allocate to each city that city's reconciliation amount if, and only
if, the reconciliation amount is a positive number. For purposes of
this subparagraph, a city's reconciliation amount means the
difference between the following amounts:
(i) The amount that would have been allocated to that city from
the county's Public Safety Augmentation Fund for the 1996-97 fiscal
year, if moneys had been so allocated to that city using the same
percentage of the total amount of money deposited in that fund that
was allocated to that city for the 1995-96 fiscal year.
(ii) The amount that was in fact allocated from the county's
Public Safety Augmentation Fund to that city for the 1996-97 fiscal
year.
(B) The auditor shall allocate each city's reconciliation amount
to that city in 36 equal and consecutive monthly installments,
commencing on September 1, 1997. Each of these installments shall be
paid at the same time as the regular monthly allocation made to that
city pursuant to this section, and no interest shall be paid on any
of these installments. However, if directed by the board of
supervisors, the county auditor may expedite payment of the
installments.
(b) Notwithstanding subdivision (a), the amount in the
augmentation fund established pursuant to this section in each county
described in paragraph (3) shall be allocated to the cities in that
county that provide public safety services, as follows:
(1) The auditor shall determine an allocation factor for each city
within the county, the numerator of which shall be the amount of the
revenue shifted from that city to the Educational Revenue
Augmentation Fund pursuant to Section 97.3 of the Revenue and
Taxation Code for the 1993-94 fiscal year, and the denominator of
which shall be the amount of revenue shifted from all cities in the
county to the Educational Revenue Augmentation Fund pursuant to
Section 97.3 of the Revenue and Taxation Code for the 1993-94 fiscal
year.
(2) The auditor shall multiply 5 percent of the amount in the
augmentation fund established pursuant to this section by the
allocation factor determined for each city in paragraph (1). The
amount so computed for each city shall be allocated to that city.
(3) This subdivision applies only to the Counties of Fresno,
Kings, Merced, San Bernardino, San Joaquin, Solano, and Yolo.
(4) This subdivision shall apply to a particular county described
in paragraph (3) only if the total amount allocated under this
paragraph to all of the cities therein that provide public safety
services is less than the amount that would otherwise be allocated to
all of those cities pursuant to subdivision (a).
(c) Notwithstanding subdivision (a), the amount in the
augmentation fund established pursuant to this section for the County
of Alameda shall be allocated to the cities in the County of Alameda
that provide public safety services as follows:
(1) The auditor shall determine an allocation factor for each city
within the county, the numerator of which shall be the amount of the
revenue shifted from that city to the Educational Revenue
Augmentation Fund pursuant to Section 97.3 of the Revenue and
Taxation Code for the 1993-94 fiscal year, and the denominator of
which shall be the amount of revenue shifted from all cities in the
County of Alameda to the Educational Revenue Augmentation Fund
pursuant to Section 97.3 of the Revenue and Taxation Code for the
1993-94 fiscal year.
(2) The auditor shall multiply 6.1 percent of the amount in the
augmentation fund established pursuant to this section by the
allocation factor determined for each city in paragraph (1). The
amount so computed for each city shall be allocated to that city.
(d) Notwithstanding subdivision (a), for the 1997-98 fiscal year
and each fiscal year thereafter, the auditor in the County of San
Diego shall allocate to each eligible city in the county that
provides public safety services, from the county's Public Safety
Augmentation Fund created pursuant to paragraph (1), an amount
obtained by multiplying the amount in the Public Safety Augmentation
Fund by the allocation factor listed below for each city:
Carlsbad.......................... 0.3582694
Chula Vista....................... 0.3126700
Coronado.......................... 0.1205707
Del Mar........................... 0.0266781
El Cajon.......................... 0.1479797
Escondido......................... 0.2874369
Imperial Beach.................... 0.0543447
La Mesa........................... 0.1035164
Lemon Grove....................... 0.0151415
National City..................... 0.0569347
Oceanside......................... 0.6955004
San Diego......................... 3.1831131
San Marcos........................ 0.0585130
Vista............................. 0.2269571
(e) Notwithstanding subdivision (a), the amount in the Public
Safety Augmentation Fund established pursuant to this section for the
County of Los Angeles shall be allocated to each eligible city in
the county that provides public safety services as follows:
(1) For the 1997-98 and each fiscal year thereafter, the auditor
shall allocate to eligible cities within the county the same
percentage share of the augmentation fund that each eligible city
received from amounts deposited into the augmentation fund for the
1995-96 fiscal year.
(2) For the 1996-97 fiscal year, the auditor shall allocate to
eligible cities within the county the amount that would have been
allocated to each of those cities had subdivision (a), as it read on
January 1, 1997, been applied to amounts deposited into the
augmentation fund for the 1995-96 fiscal year.
(3) Any amount calculated for a city pursuant to paragraph (2)
that differs from the amount allocated to a city in the 1995-96
fiscal year shall be known as the "reconciliation amount."
(4) Any positive reconciliation amount calculated for a city
pursuant to paragraph (3) shall be allocated to the appropriate city
according to the following schedule:
(A) For the 1996-97 fiscal year, 50 percent of the reconciliation
amount shall be paid within 31 days of the effective date of the act
adding this subdivision.
(B) For the 1997-98 fiscal year, 25 percent of the reconciliation
amount shall be paid, on a monthly basis, in 12 equal installments,
with the first payment due July 20, 1997. However, any installment
that is due prior to the effective date of the act adding this
subdivision is due within 31 days of the effective date of the act
adding this subdivision if that effective date is after July 20,
1997.
(C) For the 1998-99 fiscal year, 25 percent of the reconciliation
amount shall be paid in full by September 30, 1998.
(5) The amount due a city in the fiscal year identified in
paragraph (4) shall be offset by the positive growth calculated as
follows:
(A) For the 1996-97 fiscal year, positive growth is the difference
between a city's share of funds allocated in the 1995-96 fiscal year
and the amount calculated as if paragraph (1) had been in effect for
the 1996-97 fiscal year. If positive growth for the 1996-97 fiscal
year cannot be calculated at the time the allocation is made to a
city pursuant to subparagraph (A) of paragraph (4), the positive
growth for the 1996-97 fiscal year will be treated as an additional
offset against payments to that city required pursuant to
subparagraph (B) of paragraph (4).
(B) For the 1997-98 fiscal year, positive growth is the difference
between a city's share of funds that would have been allocated in
the 1996-97 fiscal year, had the allocation requirement of paragraph
(1) been in effect for the 1996-97 fiscal year, and the amount
calculated pursuant to paragraph (1) for the 1997-98 fiscal year.
(C) For the 1998-99 fiscal year, positive growth is the difference
between a city's share of funds allocated in the 1997-98 fiscal
year, excluding the reconciliation amount for that year, and the
amount calculated pursuant to paragraph (1) for the 1998-99 fiscal
year.
(6) Reconciliation amounts due in the 1998-99 fiscal year that are
paid later than September 30, 1998, shall be subject to interest at
the rate of 7 percent calculated from July 1, 1997.
(f) All moneys in the Public Safety Augmentation Fund not
allocated to any city within the county pursuant to subdivision (a),
(b), (c), (d), or (e) shall be allocated to the county.
(g) The amendments made to subdivision (a) by the act adding this
subdivision shall be applicable for the 1997-98 fiscal year and each
fiscal year thereafter.
30056. (a) Notwithstanding any other provision of this chapter,
commencing with the 1994-95 fiscal year, except as provided in
subdivision (c), any county, city and county, or city, including any
charter city, that funds all combined public safety services within
its respective jurisdiction from existing local financial resources,
in an amount for the fiscal year that is less than the base amount
for that local agency, shall have its total fiscal year allocations
from the Public Safety Augmentation Fund reduced by the difference
between those amounts. Any amount not allocated to a county as a
result of this paragraph shall be allocated to cities in that county
in proportion to the total fiscal year allocations otherwise received
by those cities pursuant to Section 30054, and any amount not
allocated to a city or cities as a result of this paragraph shall be
allocated to the county. For purposes of applying this subdivision,
the amount of funding within a local jurisdiction for combined public
safety services for each fiscal year shall be determined in
accordance with the budget adopted by that jurisdiction for that
fiscal year. For any city that is subject to a final arbitration
decision, that is rendered on or before December 31, 1994, pursuant
to binding labor arbitration as required by that city's charter as
approved by the voters on November 4, 1980, the amount of funding for
combined public safety services for the 1994-95 fiscal year shall be
determined in accordance with any amended budget adopted by that
city for the 1994-95 fiscal year.
(b) For the purposes of this section:
(1) "Local financial resources" means local general fund
appropriations for operational expenses and allocations from the
Public Safety Augmentation Fund, but shall not include any of the
following amounts:
(A) Grant funds received by a county, city and county, or city,
including any charter city, from any source.
(B) Revenues received by a county or city and county for the child
support-related activities of the district attorney performed
pursuant to Part D Subchapter 4 of the Social Security Act (42 U.S.C.
301 et seq.).
(C) Asset forfeiture revenues received by a county, city and
county, or city, including any charter city.
(D) Revenues appropriated by a county, city and county, or city,
including any charter city, for capital outlay expenditures.
(E) Revenues appropriated by a county, city and county, or city,
including any charter city, for one-time expenditures.
(F) Any amount that is attributable to a decrease in
appropriations by a county, city and county, or city, including any
charter city, for retirement costs or workers' compensation costs
that do not result in a change in benefit levels.
(G) Revenues received by a county, city and county, or city,
including a charter city, pursuant to a contract under which that
county, city and county, or city provides public safety services for
another jurisdiction.
(H) Revenues that were not appropriated by a county, city and
county, or city, including any charter city, for public safety
services in the base year, but are so appropriated in the current
fiscal year as a result of a change of organization or reorganization
that became effective pursuant to the Cortese-Knox-Hertzberg Local
Government Reorganization Act of 2000 (Division 3 (commencing with
Section 56000) of Title 5) subsequent to the base year.
(I) Revenues received by a county or city and county pursuant to
Chapter 3 (commencing with Section 15200) of Part 6 of Division 3 of
Title 2, or any other reimbursement by the state for homicide trial
costs, including, but not limited to, Chapter 1649 of the Statutes of
1990 and its successors.
(J) Revenues derived from any source by a county, city and county,
or city, including any charter city, to respond to a state of
emergency declared by the Governor pursuant to the California
Emergency Services Act (Chapter 7 (commencing with Section 8550) of
Division 1 of Title 2).
(2) "Base year" means, for each county, city and county, or city,
the 1992-93 fiscal year.
(3) "Base amount for that local agency" means an amount, equal to
the amount of the adopted budget for all combined public safety
services within its respective jurisdiction for the base year, that
is adjusted as follows:
(A) For the 1994-95 fiscal year only, that amount shall be
increased or decreased in accordance with the positive or negative
difference between the amount allocated for the 1994-95 fiscal year
to that local agency from the Public Safety Augmentation Fund and the
corresponding amount allocated to that local agency for the 1993-94
fiscal year. For purposes of this subparagraph, the amount to be
allocated to the local agency from the Public Safety Augmentation
Fund for the 1994-95 fiscal year shall be estimated based on the
allocations to that agency determined over the first six months of
that fiscal year.
(B) For the 1995-96 fiscal year and each fiscal year thereafter,
that amount shall be increased or decreased in accordance with the
positive or negative difference between (i) the amount allocated to
the local agency from the Public Safety Augmentation Fund in the
immediately preceding fiscal year, and (ii) the corresponding amount
allocated to the local agency in the next preceding fiscal year.
Notwithstanding any other provision of this subparagraph, in no event
shall the base amount for a local agency be less than the amount of
funding for all combined public safety services within the
jurisdiction of that local agency for the base year.
(4) The amount of funding for all combined public safety services
within the jurisdiction of a local agency for the base year does not
include any of the following amounts:
(A) Grant funds from any source expended by a county, city and
county, or city, including any charter city, during the base year for
public safety services.
(B) Revenues received by a county or city and county for the child
support-related activities of the district attorney performed
pursuant to Part D of Subchapter 4 of the Social Security Act (42
U.S.C. 301 et seq.).
(C) Asset forfeiture revenues expended by a county, city and
county, or city, including any charter city, during the base year for
public safety services.
(D) Capital outlay funds expended by a county, city and county, or
city, including any charter city, during the base year for public
safety.
(E) Any amount expended by a city and county during the base year
to fund retirement costs that are not attributable to any change in
benefit levels.
(F) Any amount expended by a county, city and county, or city,
including any charter city, during the base year to fund one-time
expenditures for public safety services.
(G) Any amount expended during the base year by a county, city and
county, or city pursuant to a contract under which that county, city
and county, or city provides public safety services for another
jurisdiction.
(H) Amounts expended by a county, city and county, or city,
including any charter city, in the base year for public safety
services that are not appropriated for similar expenditure in the
current fiscal year as a result of a change of organization or
reorganization that became effective pursuant to the
Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000
(Division 3 (commencing with Section 56000) of Title 5) subsequent to
the base year.
(I) Any amount expended during the base year for homicide trial
costs that are reimbursable pursuant to Chapter 3 (commencing with
Section 15200) of Part 6 of Division 3 of Title 2 or any other
program, including, but not limited to, Chapter 1649 of the Statutes
of 1990 and its successors.
(J) Any amount expended during the base year to provide public
safety services during a state of emergency declared by the Governor
pursuant to the California Emergency Services Act (Chapter 7
(commencing with Section 8550) of Division 1 of Title 2).
(c) This section shall not be applicable to any of the following
jurisdictions:
(1) With respect to a specific fiscal year, any county, city and
county, or city whose legislative body has entered into a memorandum
of understanding or other binding agreement on or before the adoption
of the budget of the county, city, or city and county for that
fiscal year with all local public safety entities that relates to
those entities' respective shares of the local agency's allocation
from the county's Public Safety Augmentation Fund.
(2) Any city for which the amount of the reduction calculated
under Section 97.035 of the Revenue and Taxation Code is zero.
(d) Officials of a county, city and county, or city, including any
charter city, shall, upon request, provide the county auditor any
information that the auditor needs to make the determinations
required by this section. In carrying out the requirements of this
section, the auditor may, but is not required to, audit the
information provided by a county, city and county, or city, including
any charter city.
(e) It is the intent of the Legislature that this section shall
apply to all cities, including charter cities. The Legislature finds
and declares that the allocation of the Public Safety Augmentation
Fund is a matter of statewide concern and is not merely a municipal
affair or a matter of local interest.
30051. (a) The Local Public Safety Fund is hereby created in the
State Treasury. The fund shall consist of the Interim Public Safety
Account to receive all revenues deposited therein pursuant to former
paragraph (8) of, and the Public Safety Account to receive all those
revenues deposited therein pursuant to former paragraph (9) of,
subdivision (a) of Section 7102 of the Revenue and Taxation Code.
Moneys in the fund may only be appropriated for the purposes
specified in Section 30052.
(b) Notwithstanding any other law, the Controller may use the
moneys in the Public Safety Account in the Local Public Safety Fund
for loans to the General Fund as provided in Sections 16310 and
16381. However, interest shall be paid on all moneys loaned to the
General Fund from the Public Safety Account in the Local Public
Safety Fund. Interest payable shall be computed at a rate determined
by the Pooled Money Investment Board to be the current earning rate
of the fund from which loaned. This subdivision does not authorize
any transfer that will interfere with the carrying out of the object
for which the Public Safety Account in the Local Public Safety Fund
was created.
30052. (a) Notwithstanding Section 13340, the two accounts in the
Local Public Safety Fund created in Section 30051 are hereby
continuously appropriated, without regard to fiscal years, to the
Controller for allocation to each qualified county in proportion to
its share of the total taxable sales in all qualified counties during
the most recent calendar year for which sales have been reported by
the State Board of Equalization. The amounts so allocated shall be
available only for public safety services, and shall be allocated in
each qualified county in the manner and amount determined pursuant to
Section 30054.
(b) For purposes of this chapter:
(1) "Public safety services" includes, but is not limited to,
sheriffs, police, fire protection, county district attorneys, county
corrections, and ocean lifeguards. "Public safety services" does not
include courts.
(2) "Qualified county" means:
(A) With respect to the Interim Public Safety Account, any county
in which the board of supervisors, on or before August 1, 1993,
adopts a resolution that does both of the following:
(i) Requests an allocation of revenue from the Local Public Safety
Fund.
(ii) Ratifies the statewide imposition of an additional 1/2
percent rate of sales and use tax pursuant to Senate Constitutional
Amendment 1 on the November 2, 1993, special election ballot.
(B) With respect to the Public Safety Account, any county in which
the board of supervisors has adopted a resolution as described in
subparagraph (A) or in which the tax levied pursuant to Section 35 of
Article XIII of the California Constitution is approved by a
majority of the county's voters voting on the issue at the November
2, 1993, special election.
(c) The board of supervisors of a qualified county shall send a
copy of the resolution adopted pursuant to subdivision (b) to the
Controller.
30053. (a) On or before the 27th day of each month, the Controller
shall allocate to each qualified county the amounts deposited and
remaining unexpended and unresolved in the Local Public Safety Fund
on the 15th day of each month as provided in Section 30052.
(b) Commencing with the 1996-97 fiscal year, on or before the 20th
day of each month, the county auditor shall, as provided in Section
30055, allocate to the county and to each city within the county
those amounts allocated to the county in the previous month pursuant
to subdivision (a).
30054. (a) For the 1993-94, 1994-95, and 1995-96 fiscal years only,
the amounts allocated pursuant to Sections 30052 and 30053 shall be
available only for public safety services, and shall be allocated in
each qualified county to local agencies as provided in subdivision
(b).
(b) (1) Each county shall create a Public Safety Augmentation Fund
that shall consist of all revenues received by the county as a
result of the allocations pursuant to Sections 30052 and 30053.
(2) Except as provided in paragraph (3) or (4), for each of the
1993-94, 1994-95, and 1995-96 fiscal years only, the augmentation
fund described in paragraph (1) shall be allocated among the cities
in the county that provide public safety services as follows:
(A) The auditor shall determine an allocation factor for each city
within the county, the numerator of which shall be the amount of
revenue shifted from that city to the Educational Revenue
Augmentation Fund pursuant to Section 97.3 of the Revenue and
Taxation Code for the 1993-94 fiscal year, less the amount of vehicle
license fee revenues allocated to the city pursuant to Section
11005.4 of the Revenue and Taxation Code for the 1993-94 fiscal year,
and the denominator of which shall be the amount of revenue shifted
from all cities in the county and from the county to the Educational
Revenue Augmentation Fund pursuant to Section 97.3 of the Revenue and
Taxation Code for the 1993-94 fiscal year, less the amount of
vehicle license fee revenues allocated to the county and all cities
in the county pursuant to Section 11005.4 of the Revenue and Taxation
Code for the 1993-94 fiscal year.
(B) The auditor shall multiply the amount in the augmentation fund
by the allocation factor determined in subparagraph (A) for each
city.
(C) The allocation factor to be used for each city for the 1993-94
fiscal year may not result in an allocation that exceeds 50 percent
of the difference between the following amounts:
(i) The amount by which the city's allocation of property tax
revenues was reduced pursuant to Section 97.3 of the Revenue and
Taxation Code for the 1993-94 fiscal year.
(ii) The amount of vehicle license fee revenues allocated to the
city pursuant to Section 11005.4 of the Revenue and Taxation Code for
the 1993-94 fiscal year.
(D) The allocation factor determined pursuant to this paragraph
for the 1993-94 fiscal year shall also be applied in each fiscal year
thereafter.
(3) Notwithstanding paragraph (2), for each of the 1993-94,
1994-95, and 1995-96 fiscal years only, the amount in the
augmentation fund established pursuant to paragraph (1) of each
county described in subparagraph (C) shall be allocated to the cities
in the county that provide public safety services as follows:
(A) The auditor shall determine an allocation factor for each city
within the county, the numerator of which shall be the amount of the
revenue shifted from that city to the Educational Revenue
Augmentation Fund pursuant to Section 97.3 of the Revenue and
Taxation Code for the 1993-94 fiscal year, and the denominator of
which shall be the amount of revenue shifted from all cities in the
county to the Educational Revenue Augmentation Fund pursuant to
Section 97.3 of the Revenue and Taxation Code for the 1993-94 fiscal
year.
(B) The auditor shall multiply 5 percent of the amount in the
augmentation fund established pursuant to paragraph (1) by the
allocation factor determined for each city in subparagraph (A). The
amount so computed for each city shall be allocated to that city.
(C) This paragraph applies only to the Counties of Fresno, Kings,
Merced, San Bernardino, San Diego, San Joaquin, Solano, and Yolo.
(D) This paragraph shall apply to a particular county described in
subparagraph (C) only if the total amount allocated under this
paragraph to all of the cities therein that provide public safety
services is less than the amount that would otherwise be allocated to
all of those cities pursuant to paragraph (2).
(4) Notwithstanding paragraph (2), for each of the 1993-94,
1994-95, and 1995-96 fiscal years only, the amount in the
augmentation fund established pursuant to paragraph (1) for the
County of Alameda shall be allocated to the cities in the County of
Alameda that provide public safety services as follows:
(A) The auditor shall determine an allocation factor for each city
within the county, the numerator of which shall be the amount of the
revenue shifted from that city to the Educational Revenue
Augmentation Fund pursuant to Section 97.3 of the Revenue and
Taxation Code for the 1993-94 fiscal year, and the denominator of
which shall be the amount of revenue shifted from all cities in the
County of Alameda to the Educational Revenue Augmentation Fund
pursuant to Section 97.3 of the Revenue and Taxation Code for the
1993-94 fiscal year.
(B) The auditor shall multiply 6.1 percent of the amount in the
augmentation fund established pursuant to paragraph (1) by the
allocation factor determined for each city in subparagraph (A). The
amount so computed for each city shall be allocated to that city.
(5) All moneys in the Public Safety Augmentation Fund not
allocated to any city within the county pursuant to paragraph (2),
(3), or (4) shall be allocated to the county.
30055. For the 1996-97 fiscal year and each fiscal year thereafter,
each county shall establish a Public Safety Augmentation Fund in the
county treasury to receive those revenues allocated to the county
pursuant to Sections 30052 and 30053. Amounts deposited in this fund
shall be expended exclusively to fund public safety services, and for
that purpose shall be allocated among the county and the cities in
the county that provide public safety services, as follows:
(a) In allocating revenues from the Public Safety Augmentation
Fund to cities, the auditor shall, except as otherwise provided in
subdivision (b), (c), (d), or (e), comply with all of the following:
(1) For the 1997-98 fiscal year and each fiscal year thereafter,
the auditor shall allocate to each city from the county's Public
Safety Augmentation Fund the same percentage of the total amount of
moneys deposited in that fund that was allocated to that city for the
1995-96 fiscal year.
(2) (A) In accordance with the payment schedule set forth in
subparagraph (B), the auditor shall, commencing with September 1997,
allocate to each city that city's reconciliation amount if, and only
if, the reconciliation amount is a positive number. For purposes of
this subparagraph, a city's reconciliation amount means the
difference between the following amounts:
(i) The amount that would have been allocated to that city from
the county's Public Safety Augmentation Fund for the 1996-97 fiscal
year, if moneys had been so allocated to that city using the same
percentage of the total amount of money deposited in that fund that
was allocated to that city for the 1995-96 fiscal year.
(ii) The amount that was in fact allocated from the county's
Public Safety Augmentation Fund to that city for the 1996-97 fiscal
year.
(B) The auditor shall allocate each city's reconciliation amount
to that city in 36 equal and consecutive monthly installments,
commencing on September 1, 1997. Each of these installments shall be
paid at the same time as the regular monthly allocation made to that
city pursuant to this section, and no interest shall be paid on any
of these installments. However, if directed by the board of
supervisors, the county auditor may expedite payment of the
installments.
(b) Notwithstanding subdivision (a), the amount in the
augmentation fund established pursuant to this section in each county
described in paragraph (3) shall be allocated to the cities in that
county that provide public safety services, as follows:
(1) The auditor shall determine an allocation factor for each city
within the county, the numerator of which shall be the amount of the
revenue shifted from that city to the Educational Revenue
Augmentation Fund pursuant to Section 97.3 of the Revenue and
Taxation Code for the 1993-94 fiscal year, and the denominator of
which shall be the amount of revenue shifted from all cities in the
county to the Educational Revenue Augmentation Fund pursuant to
Section 97.3 of the Revenue and Taxation Code for the 1993-94 fiscal
year.
(2) The auditor shall multiply 5 percent of the amount in the
augmentation fund established pursuant to this section by the
allocation factor determined for each city in paragraph (1). The
amount so computed for each city shall be allocated to that city.
(3) This subdivision applies only to the Counties of Fresno,
Kings, Merced, San Bernardino, San Joaquin, Solano, and Yolo.
(4) This subdivision shall apply to a particular county described
in paragraph (3) only if the total amount allocated under this
paragraph to all of the cities therein that provide public safety
services is less than the amount that would otherwise be allocated to
all of those cities pursuant to subdivision (a).
(c) Notwithstanding subdivision (a), the amount in the
augmentation fund established pursuant to this section for the County
of Alameda shall be allocated to the cities in the County of Alameda
that provide public safety services as follows:
(1) The auditor shall determine an allocation factor for each city
within the county, the numerator of which shall be the amount of the
revenue shifted from that city to the Educational Revenue
Augmentation Fund pursuant to Section 97.3 of the Revenue and
Taxation Code for the 1993-94 fiscal year, and the denominator of
which shall be the amount of revenue shifted from all cities in the
County of Alameda to the Educational Revenue Augmentation Fund
pursuant to Section 97.3 of the Revenue and Taxation Code for the
1993-94 fiscal year.
(2) The auditor shall multiply 6.1 percent of the amount in the
augmentation fund established pursuant to this section by the
allocation factor determined for each city in paragraph (1). The
amount so computed for each city shall be allocated to that city.
(d) Notwithstanding subdivision (a), for the 1997-98 fiscal year
and each fiscal year thereafter, the auditor in the County of San
Diego shall allocate to each eligible city in the county that
provides public safety services, from the county's Public Safety
Augmentation Fund created pursuant to paragraph (1), an amount
obtained by multiplying the amount in the Public Safety Augmentation
Fund by the allocation factor listed below for each city:
Carlsbad.......................... 0.3582694
Chula Vista....................... 0.3126700
Coronado.......................... 0.1205707
Del Mar........................... 0.0266781
El Cajon.......................... 0.1479797
Escondido......................... 0.2874369
Imperial Beach.................... 0.0543447
La Mesa........................... 0.1035164
Lemon Grove....................... 0.0151415
National City..................... 0.0569347
Oceanside......................... 0.6955004
San Diego......................... 3.1831131
San Marcos........................ 0.0585130
Vista............................. 0.2269571
(e) Notwithstanding subdivision (a), the amount in the Public
Safety Augmentation Fund established pursuant to this section for the
County of Los Angeles shall be allocated to each eligible city in
the county that provides public safety services as follows:
(1) For the 1997-98 and each fiscal year thereafter, the auditor
shall allocate to eligible cities within the county the same
percentage share of the augmentation fund that each eligible city
received from amounts deposited into the augmentation fund for the
1995-96 fiscal year.
(2) For the 1996-97 fiscal year, the auditor shall allocate to
eligible cities within the county the amount that would have been
allocated to each of those cities had subdivision (a), as it read on
January 1, 1997, been applied to amounts deposited into the
augmentation fund for the 1995-96 fiscal year.
(3) Any amount calculated for a city pursuant to paragraph (2)
that differs from the amount allocated to a city in the 1995-96
fiscal year shall be known as the "reconciliation amount."
(4) Any positive reconciliation amount calculated for a city
pursuant to paragraph (3) shall be allocated to the appropriate city
according to the following schedule:
(A) For the 1996-97 fiscal year, 50 percent of the reconciliation
amount shall be paid within 31 days of the effective date of the act
adding this subdivision.
(B) For the 1997-98 fiscal year, 25 percent of the reconciliation
amount shall be paid, on a monthly basis, in 12 equal installments,
with the first payment due July 20, 1997. However, any installment
that is due prior to the effective date of the act adding this
subdivision is due within 31 days of the effective date of the act
adding this subdivision if that effective date is after July 20,
1997.
(C) For the 1998-99 fiscal year, 25 percent of the reconciliation
amount shall be paid in full by September 30, 1998.
(5) The amount due a city in the fiscal year identified in
paragraph (4) shall be offset by the positive growth calculated as
follows:
(A) For the 1996-97 fiscal year, positive growth is the difference
between a city's share of funds allocated in the 1995-96 fiscal year
and the amount calculated as if paragraph (1) had been in effect for
the 1996-97 fiscal year. If positive growth for the 1996-97 fiscal
year cannot be calculated at the time the allocation is made to a
city pursuant to subparagraph (A) of paragraph (4), the positive
growth for the 1996-97 fiscal year will be treated as an additional
offset against payments to that city required pursuant to
subparagraph (B) of paragraph (4).
(B) For the 1997-98 fiscal year, positive growth is the difference
between a city's share of funds that would have been allocated in
the 1996-97 fiscal year, had the allocation requirement of paragraph
(1) been in effect for the 1996-97 fiscal year, and the amount
calculated pursuant to paragraph (1) for the 1997-98 fiscal year.
(C) For the 1998-99 fiscal year, positive growth is the difference
between a city's share of funds allocated in the 1997-98 fiscal
year, excluding the reconciliation amount for that year, and the
amount calculated pursuant to paragraph (1) for the 1998-99 fiscal
year.
(6) Reconciliation amounts due in the 1998-99 fiscal year that are
paid later than September 30, 1998, shall be subject to interest at
the rate of 7 percent calculated from July 1, 1997.
(f) All moneys in the Public Safety Augmentation Fund not
allocated to any city within the county pursuant to subdivision (a),
(b), (c), (d), or (e) shall be allocated to the county.
(g) The amendments made to subdivision (a) by the act adding this
subdivision shall be applicable for the 1997-98 fiscal year and each
fiscal year thereafter.
30056. (a) Notwithstanding any other provision of this chapter,
commencing with the 1994-95 fiscal year, except as provided in
subdivision (c), any county, city and county, or city, including any
charter city, that funds all combined public safety services within
its respective jurisdiction from existing local financial resources,
in an amount for the fiscal year that is less than the base amount
for that local agency, shall have its total fiscal year allocations
from the Public Safety Augmentation Fund reduced by the difference
between those amounts. Any amount not allocated to a county as a
result of this paragraph shall be allocated to cities in that county
in proportion to the total fiscal year allocations otherwise received
by those cities pursuant to Section 30054, and any amount not
allocated to a city or cities as a result of this paragraph shall be
allocated to the county. For purposes of applying this subdivision,
the amount of funding within a local jurisdiction for combined public
safety services for each fiscal year shall be determined in
accordance with the budget adopted by that jurisdiction for that
fiscal year. For any city that is subject to a final arbitration
decision, that is rendered on or before December 31, 1994, pursuant
to binding labor arbitration as required by that city's charter as
approved by the voters on November 4, 1980, the amount of funding for
combined public safety services for the 1994-95 fiscal year shall be
determined in accordance with any amended budget adopted by that
city for the 1994-95 fiscal year.
(b) For the purposes of this section:
(1) "Local financial resources" means local general fund
appropriations for operational expenses and allocations from the
Public Safety Augmentation Fund, but shall not include any of the
following amounts:
(A) Grant funds received by a county, city and county, or city,
including any charter city, from any source.
(B) Revenues received by a county or city and county for the child
support-related activities of the district attorney performed
pursuant to Part D Subchapter 4 of the Social Security Act (42 U.S.C.
301 et seq.).
(C) Asset forfeiture revenues received by a county, city and
county, or city, including any charter city.
(D) Revenues appropriated by a county, city and county, or city,
including any charter city, for capital outlay expenditures.
(E) Revenues appropriated by a county, city and county, or city,
including any charter city, for one-time expenditures.
(F) Any amount that is attributable to a decrease in
appropriations by a county, city and county, or city, including any
charter city, for retirement costs or workers' compensation costs
that do not result in a change in benefit levels.
(G) Revenues received by a county, city and county, or city,
including a charter city, pursuant to a contract under which that
county, city and county, or city provides public safety services for
another jurisdiction.
(H) Revenues that were not appropriated by a county, city and
county, or city, including any charter city, for public safety
services in the base year, but are so appropriated in the current
fiscal year as a result of a change of organization or reorganization
that became effective pursuant to the Cortese-Knox-Hertzberg Local
Government Reorganization Act of 2000 (Division 3 (commencing with
Section 56000) of Title 5) subsequent to the base year.
(I) Revenues received by a county or city and county pursuant to
Chapter 3 (commencing with Section 15200) of Part 6 of Division 3 of
Title 2, or any other reimbursement by the state for homicide trial
costs, including, but not limited to, Chapter 1649 of the Statutes of
1990 and its successors.
(J) Revenues derived from any source by a county, city and county,
or city, including any charter city, to respond to a state of
emergency declared by the Governor pursuant to the California
Emergency Services Act (Chapter 7 (commencing with Section 8550) of
Division 1 of Title 2).
(2) "Base year" means, for each county, city and county, or city,
the 1992-93 fiscal year.
(3) "Base amount for that local agency" means an amount, equal to
the amount of the adopted budget for all combined public safety
services within its respective jurisdiction for the base year, that
is adjusted as follows:
(A) For the 1994-95 fiscal year only, that amount shall be
increased or decreased in accordance with the positive or negative
difference between the amount allocated for the 1994-95 fiscal year
to that local agency from the Public Safety Augmentation Fund and the
corresponding amount allocated to that local agency for the 1993-94
fiscal year. For purposes of this subparagraph, the amount to be
allocated to the local agency from the Public Safety Augmentation
Fund for the 1994-95 fiscal year shall be estimated based on the
allocations to that agency determined over the first six months of
that fiscal year.
(B) For the 1995-96 fiscal year and each fiscal year thereafter,
that amount shall be increased or decreased in accordance with the
positive or negative difference between (i) the amount allocated to
the local agency from the Public Safety Augmentation Fund in the
immediately preceding fiscal year, and (ii) the corresponding amount
allocated to the local agency in the next preceding fiscal year.
Notwithstanding any other provision of this subparagraph, in no event
shall the base amount for a local agency be less than the amount of
funding for all combined public safety services within the
jurisdiction of that local agency for the base year.
(4) The amount of funding for all combined public safety services
within the jurisdiction of a local agency for the base year does not
include any of the following amounts:
(A) Grant funds from any source expended by a county, city and
county, or city, including any charter city, during the base year for
public safety services.
(B) Revenues received by a county or city and county for the child
support-related activities of the district attorney performed
pursuant to Part D of Subchapter 4 of the Social Security Act (42
U.S.C. 301 et seq.).
(C) Asset forfeiture revenues expended by a county, city and
county, or city, including any charter city, during the base year for
public safety services.
(D) Capital outlay funds expended by a county, city and county, or
city, including any charter city, during the base year for public
safety.
(E) Any amount expended by a city and county during the base year
to fund retirement costs that are not attributable to any change in
benefit levels.
(F) Any amount expended by a county, city and county, or city,
including any charter city, during the base year to fund one-time
expenditures for public safety services.
(G) Any amount expended during the base year by a county, city and
county, or city pursuant to a contract under which that county, city
and county, or city provides public safety services for another
jurisdiction.
(H) Amounts expended by a county, city and county, or city,
including any charter city, in the base year for public safety
services that are not appropriated for similar expenditure in the
current fiscal year as a result of a change of organization or
reorganization that became effective pursuant to the
Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000
(Division 3 (commencing with Section 56000) of Title 5) subsequent to
the base year.
(I) Any amount expended during the base year for homicide trial
costs that are reimbursable pursuant to Chapter 3 (commencing with
Section 15200) of Part 6 of Division 3 of Title 2 or any other
program, including, but not limited to, Chapter 1649 of the Statutes
of 1990 and its successors.
(J) Any amount expended during the base year to provide public
safety services during a state of emergency declared by the Governor
pursuant to the California Emergency Services Act (Chapter 7
(commencing with Section 8550) of Division 1 of Title 2).
(c) This section shall not be applicable to any of the following
jurisdictions:
(1) With respect to a specific fiscal year, any county, city and
county, or city whose legislative body has entered into a memorandum
of understanding or other binding agreement on or before the adoption
of the budget of the county, city, or city and county for that
fiscal year with all local public safety entities that relates to
those entities' respective shares of the local agency's allocation
from the county's Public Safety Augmentation Fund.
(2) Any city for which the amount of the reduction calculated
under Section 97.035 of the Revenue and Taxation Code is zero.
(d) Officials of a county, city and county, or city, including any
charter city, shall, upon request, provide the county auditor any
information that the auditor needs to make the determinations
required by this section. In carrying out the requirements of this
section, the auditor may, but is not required to, audit the
information provided by a county, city and county, or city, including
any charter city.
(e) It is the intent of the Legislature that this section shall
apply to all cities, including charter cities. The Legislature finds
and declares that the allocation of the Public Safety Augmentation
Fund is a matter of statewide concern and is not merely a municipal
affair or a matter of local interest.
