CITY COUNCIL STAFF REPORT
Meeting: November 7, 2023
Subject
Law Enforcement Contract Extension with the County of Santa Clara Sheriff's Office Recommended Action
Authorize the City Manager to extend the existing law enforcement contract with the County of Santa Clara Sheriff's Office for five years, from July 1, 2024, through July 1, 2029, and amend the terms of the agreement as needed during the extension.
Reasons for Recommendation
Cupertino contracts with the County of Santa Clara Sheriff's Office (Sheriff’s Office) for law enforcement services. The current agreement was fully executed on August 5, 2014, and expires on July 1, 2024. The contract allows for an extension of five additional years based on mutual written agreement, and the Sheriff’s Office is amenable to an extension.
As provided for in the contract, the Sheriff's Office and City staff will continue to meet regularly to evaluate service levels and will agree upon an annual service delivery plan that sets forth the level of law enforcement services and the costs of those services. The annual service delivery plan and contract amount allow the City to modify law enforcement services based on changing community needs, including increasing or reducing services if warranted.
Within the costs of the contract are pro-rata lease costs for the West Valley Substation, a lease held by the Sheriff’s Office. The current substation lease agreement expires in December 2024, and the property owner has provided notice that an ongoing lease beyond a five-year extension may not be feasible. In preparation, staff partnered with other contracted cities and the Sheriff’s Office to assess an alternate location or to construct a joint facility. After initial feasibility research, the proposal was determined to be unfeasible and the Sheriff’s Office will extend the lease at their current facility. The renegotiated lease agreement for the West Valley Substation will likely result in a lease agreement at market rate. City staff will continue to identify future potential locations for the West Valley Substation.
The Saratoga City Council (on November 15) and the Los Altos Hills City Council (Date TBD) will also consider authorizing their City Managers to extend the existing law enforcement contracts with the Santa Clara County Sheriff's Office.
The extension of the current agreement does not authorize a new contract for law enforcement services. Staff will return to City Council to consider new terms for law enforcement services in 2029.
Sustainability Impact
No sustainability impact.
Fiscal Impact
The existing law enforcement contract calls for annual increases based on the percentage increase in total compensation provided to patrol deputies or an average January to December consumer price index for urban wage earners (CPI/W) plus 2%, whichever is less. The increase over the life of the agreement will not exceed the annual cumulative average of CPI/W plus 2%.
The annual projected increase over the next five years uses the CPI/W plus 2% formula. The figures below do not include any service reductions or modifications to the agreement. Funds that are budgeted and not expended return to the General Fund for future appropriation by the City Council. Funds for the ongoing law enforcement contract are included in the ten-year budget forecast. 2024/2025
2025/2026
2026/2027
2027/2028
2028/2029
Total
$18,631,016
$19,543,936
$20,442,957
$21,345,447
$22,302,858
$102,266,214
California Environmental Quality Act
Not applicable.
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Prepared by: Thomas Chin, Emergency Manager
Reviewed by: Tina Kapoor, Deputy City Manager
Reviewed by: Matt Morley, Assistant City Manager
Approved for Submission by: Pamela Wu, City Manager
Attachments:
A – 14-127 Law Enforcement Contract with the County of Santa Clara B – Draft Letter to Extend the Law Enforcement Contract