File #: 14-428    Name: PTAF Settlement
Type: General Agenda Item Status: Passed
File created: 4/30/2014 In control: Board of Supervisors
On agenda: 6/3/2014 Final action: 6/3/2014
Title: a. Approve and authorize the transfer of General Fund Contingency funds and an increase in revenue and appropriations of $1,415,875 to Enterprise Risk, Appropriation Code COU006 for the PTAF settlement. b. Approve and authorize the Auditor-Controller to increase appropriations in Enterprise Risk, Appropriation Code COU006 and decrease appropriations in General Fund Contingencies, Appropriation Code CAO020 in the amount of $1,415,875. (4/5th vote required)
Attachments: 1. Completed Board Order
Title
a. Approve and authorize the transfer of General Fund Contingency funds and an increase in revenue and appropriations of $1,415,875 to Enterprise Risk, Appropriation Code COU006 for the PTAF settlement.
b. Approve and authorize the Auditor-Controller to increase appropriations in Enterprise Risk, Appropriation Code COU006 and decrease appropriations in General Fund Contingencies, Appropriation Code CAO020 in the amount of $1,415,875. (4/5th vote required)

Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a) Approve and authorize the transfer of $1,415,875 from the General Fund Contingencies, Appropriation Code CAO020 to Enterprise Risk, Appropriation Code COU006 to fund the Property Tax Allocation Fees (PTAF) Settlement; and
b) Approve and authorize the Auditor-Controller to increase appropriations in Enterprise Risk, Appropriation Code COU006 and decrease appropriations in General Fund Contingencies, Appropriation Code CAO020 in the amount of $1,415,875. (4/5th vote required)

SUMMARY/DISCUSSION:
Twelve cities within Monterey County filed claims against the County seeking damages and interest in excess of $2.2 million relating to the collection of excess Property Tax Allocation Fees (PTAF). The County settled all claims and paid a total of $1,397,657 in October 2013 and November 2013.

Given the speed with which the claims were settled, the funding source had not been finalized prior to the need to issue the checks. The Auditor-Controller issued the settlement checks in October and November 2013, with the understanding that the appropriate funding source would be identified and approval sought from the Budget Committee and the Board of Supervisors. In addition, costs for legal services provided by County Counsel totaling $18,218 were paid by the General Liability Internal Service Fund (ISF).

Enterprise Risk was deemed the appropriate budget unit to capture and pay the costs for this litigation against the Coun...

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