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CITY OF
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c�<,FORN'P City Council Staff Report
March 14, 2023
Agenda Item No. 11
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Joe Cartwright, Acting Chief of Police - 949-644-3701, [email protected]
PREPARED BY: Court Depweg, Detective Sergeant, [email protected] PHONE: 949-644-3764
TITLE: Acceptance of Proposition 69 Reimbursement
ABSTRACT:
The Police Department requests City Council approval to accept Proposition 69 reimbursement of $37,406.15 for the purchase of crime scene imaging equipment, lighting, and evidence lockers. The funding was approved by the Orange County Board of Supervisors on January 25, 2022, but the Police Department was required to purchase the equipment and then request reimbursement.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and
b) Approve Budget Amendment No. 23-056 accepting Proposition 69 funds in the amount of $37,406.15 as reimbursement for the purchase of specified crime scene and evidence processing equipment and appropriating $37,406.15 in increased expenditures in Account No. 01035355-841015.
DISCUSSION:
Proposition 69 Funding
In November 2004, California voters passed Proposition 69 (Prop 69), the "DNA Fingerprint, Unsolved Crime and Innocence Protection Act", to expand and modify State law regarding the collection and use of criminal offender DNA samples and palm print impressions. As a result, Government Code 76104.6 was enacted and mandated a fee for every fine, penalty or forfeiture imposed and collected by the courts for criminal offenses.
The collected fees go into the DNA Identification Fund as a guaranteed funding source for costs associated with the collection, verification and management of DNA evidence and samples.
Acceptance of Proposition 69 Reimbursement
March 14, 2023
In addition, the statute provided for each county to determine the methodology or eligibility criteria for the disbursement of their funds. The Proposition 69 Committee (Committee) administers funding received by the County of Orange and is comprised of representatives from the County Executive Office, Orange County District Attorney's Office, Orange County Probation Department, Orange County Sheriff's Department, Orange County Crime Lab, and two municipal police chiefs. The Committee has chosen to utilize the funds to promote innovation in enhancing DNA programs in Orange County, with its public safety partners.
Crime Scene Equipment
In November 2021, the Police Department submitted a funding request of $37,847 to equip its Crime Scene Investigators (CSI) with new tools to improve and enhance their ability to collect and process DNA. In December 2021, the Committee approved the requested funding and the appropriation was submitted to the Orange County Board of Supervisors as part of its Mid -Year Budget Report.
On January 25, 2022, the Board of Supervisors authorized allocation of $795,385 in Prop 69 funds, including the Police Department's request for $37,847. The funding is allocated as a reimbursement, so the Police Department purchased the equipment using an account with sufficient available funding. A description of the equipment purchased, including actual costs, is shown in the table below:
EQUIPMENT
DESCRIPTION
COST
Forensic imaging device that reveals many types of
Crime-lite AUTO
evidence, including body fluids, fingerprints, gunshot
$ 34,544.39
residue, and trace evidence such as hair and fibers.
Nomad Now Scene
Rechargeable LED crime scene lighting
$ 2,487.82
Lights
Cube Lockers
Small metal lockers used to store DNA evidence for
$ 373.94
processing
TOTAL
$ 37,406.15
Actual costs were slightly less than the requested amount due to pricing changes and deletion of sales tax on the training component; therefore, the request for reimbursement will be $37,406.15.
FISCAL IMPACT:
The Budget Amendment appropriates $37,406.15 in additional revenue from Proposition 69 funds and $37,406.15 in increased expenditure appropriations. The reimbursement funds will be posted as revenue to the —Support Services — Prop 69 account in the Police Department, 01035352-431055, and the purchase will be appropriated in the Detectives —Special Department Supplies account, 01035355-841015.
11-2
Acceptance of Proposition 69 Reimbursement
March 14, 2023
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. z[9111[NVLes
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Budget Amendment No. 23-056
Attachment B — Orange County Board of Supervisors Minute Order of January 25, 2022 Attachment C — County of Orange FY 2021-22 Mid -Year Budget Report Excerpt 11-3
Attachment A
Budget Amendment No. 23-056
11-4
O� �EW ART
@� City of Newport Beach
uj t i
BUDGET AMENDMENT
C9C/F0PL %4 2022-23 BA#: 23-056
Department: Police
ONETIME: ❑� Yes ❑ No
Requestor: Jonathan Stafford
Approvals
❑ CITY MANAGER'S APPROVAL ONLY
Finance Director: Qdwofts„,. Date 3WZ3
El COUNCIL APPROVAL REQUIRED City Clerk: Date
EXPLANATION FOR REQUEST:
Accept Proposition 69 reimbursement. Funding approved by the Orange county Board of Supervisors January 25, 2022. ❑ from existing budget appropriations ❑� from additional estimated revenues
❑ from unappropriated fund balance
REVENUES
Fund #
Org
Object Project
Description
ncrease or (Decrease)
010
01035352
431055
POLICE SUPPORT SERVICES
- PROP 69 FROM COUNTY OF ORANGE 37,406.15
Subtotal $ 37 406.15
EXPENDITURES
Fund #
Org
Object Project
Description
ncrease or (Decrease)
010
01035355
841015
DETECTIVES - SPECIAL DEPT
SUPPLIES NOC 37,406.15
Subtotall $ 37,406.15
FUND BALANCE
Fund #
Object
Description
Increase or (Decrease) $
010
300000
GENERAL FUND - FUND BALANCE CONTROL
Subtotal' $
No Change In Fund Balance
11-5
Attachment B
Orange County Board of Supervisors Minute Order of January 25, 2022 11-6
Attachment B
ORANGE COUNTY BOARD OF SUPERVISORS
MINUTE ORDER
January 25, 2022
Submiatn Agg c DDepartment: County Executive Office
Approve FY 2021-22 Mid -Year Budget Report; approve related budget adjustments; amend master position control; direct Auditor -Controller to make related payments; direct Auditor -Controller to close Pension Obligation Bond Debt Service Fund 15J and transfer any residual balances to Miscellaneous, Budget Control 004; approve addition of events to FY 2021-22 County Event Calendar and make related Endings per Government Code Section 26227; approve revised title descriptions and classification specifications and adjust pay grades for Pumping Station Operator, Chief Veterinarian, Tax Services
Continued on attached page...
The following is action taken by the Board of Supervisors:
APPROVED AS RECOMMENDED ® OTHER O
Unanimous ® (1) DO: Y (2) FOLEY: Y (3) WAGNER: Y (4) CHAFFEE: Y (5) BARTLETT: Y Vote Key: Y=Yes; N=No; A=Abstain; X=Excused,• B.O. =Board Order Documents accompanying this matter:
O Resolution(s)
O Ordinances(s)
O Contract(s)
Item No. 34
Special Notes:
Copies sent to:
CEOBudget - Oats Cosma
1128122
a bm•I
I certify that the foregoing is a true and correct copy of the Minute Order adopted by the Board of Supervisors , Orange County, State of California.
RobirV&jcler, Clerk of the Boaro-
'--D_eputy
11-7
Attachment B
ORANGE COUNTY BOARD OF SUPERVISORS
MINUTE ORDER
January 25, 2022
The following is action taken by the Board of Supervisors:
APPROVED AS RECOMMENDED ® OTHER O
Unanimous ® (1) DO: Y (2) FOLEY: Y (3) WAGNER: Y (4) CHAFFEE: Y (5) BARTLETT: Y Vote Key: Y=Yes; N=No; A=Abstain; X=Excused,• B.O. =Board Order Technician, Licensed Vocational Nurse, Behavioral Health Nurse, Registered Nurse, Senior Registered Nurse, Public Health Nurse Trainee, Public Health Nurse, Lead Public Health Nurse, Supervising Public Health Nurse, Nurse Practitioner I and Nurse Practitioner II, effective 1/28/22; approve new title description and classification specification, and set pay grade for Supervising Registered Veterinary Technician, Tax Services Technician Trainee and Senior Tax Services Technician, effective 1/28/22; approve deletion Public Health Nurse II, Senior Public Health Nurse and Supervising Animal Control Services Representative, effective 1/28/22; approve Side Letter agreement with Orange County Employees Association, effective 1/28/22; approve and adopt revised ML-E salary schedule, effective 1/28/22; and make related findings - All Districts (R.A. 1, 2 and 5 requires 4/5 vote of members present) Item No. 34
I certify that the foregoing is a true and correct copy of the Minute Order adopted by the Board of Supervisors, Orange County, State of California.
Rol, Clerk of the Pard
B�J A zj(
1 Y
Deputy
2 11-8
Attachment B
Agenda Itern
9� AGENDA STAFF REPORT
O p
U M
ASR Control 21-001048
91Iro
MEETING DATE: 0I/25/22
r-
LEGAL ENTITY TAKLNG ACTION: Board of Supervisors
BOARD OF SUPERVISORS DISTRICT(S): All Districts r_ �w
c.)
SUBMITTING AGENCY/DEPARTMENT: County Executive Office (Approved) DEPARTMENT CONTACT PERSON(S): Oana Cosnna (714) 834-7410 Kimberly Engelby (714) 834-3530 r ,
SUBJECT: FY 2021-22 Mid -Year Budget Report
CEO CONCUR
Concur
COUNTY COUNSEL REvrmv
No Legal Objection
_c3F3_ _
CLERK OF THE BOARD
Discussion
4/5 Vote
Budgeted: N/A Current Year Cost: N/A Annual Cost: N/A
Staffing impact: See Staffing Impact # of Positions: Sole Source: N/A Section
Current Fiscal Year Revenue: N/A
Funding Source: N/A Counts: Audit in last 3 years: No
Prior Board Action: N/A
RECOMMENDED ACTION(S):
A four -fifths vote is required on Recommended Actions One, Two, and Five. The requested appropriation, revenue, transfers in/out and reserve changes are summarized in this section of the report in the Budget 4djustment Summary document. The requested position changes are summarized in the Position Change Sumrnaly.
I. Direct the Auditor -Controller to revise appropriations, revenues, transfers in/out, reserves and obligated fund balances as detailed. in the Budget 14(lu.stment Summary in accordance with Government Code Sections 29130, 29125 and 25252. (Requires four -fifths vote)
2. Authorize the Auditor -Controller to revise Departments' American Rescue Plan Act (ARPA) appropriations and revenues and perform the budgetary actions identified in the Budget Issues Section. (Requires four-fiftlis vote)
3. Direct County Executive Office -Human Resource Services to amend the master position control - subject to final classification review, as detailed in the Position Change Summary.
4. Direct the Auditor -Controller to make payment from Fund 12J to the entities and up to amounts as summarized in the table included in the Budget Issues section of this report and upon receipt of approved payment request forms from the County Executive. Office.
Page I
11-9
Attachment B
5. Direct Auditor -Controller to close the Pension Obligation Bond Debt Service Fund I5J, and transfer any residual balances to Miscellaneous, Budget Control 004. (Requires four -fifths vote)
6. Approve the addition of events to the FY 2021-22 County Event Calendar, as set forth in Attachment C, and per Government Code Section 26227, find that the events therein will serve a public purpose of the County of Orange and will meet the social needs of the population of the County, including but not limited to, the areas of health, law enforcement, public safety, rehabilitation, welfare, education, and legal services, and the needs of physically, mentally and financially handicapped persons and aged persons; that County staff and resources may be used in furtherance of such events; and that County staff may solicit donations of funds and services for such events.
7. Approve the FY 2022-23 budget adoption schedule as follows: (a) The FY 2022-23 Recommended Budget will be available to the public on or be -Core May 25, 2022; (b) A notice stating that the Recommended Budget is available to members of the public and the time and place of the public hearing will be published on or before May 25, 2022; (c) On June 14, 2022, or no later than June 27, the Board shall conduct the public budget hearing on the Recommended Budget; and (d) By ,Tune 28, or no later than June 30, 2022, the Board shall adopt the FY 2022-23 Budget by resolution.
8. Effective January 28, 2022, approve revised classification specification and adjust pay grade for Pumping Station Operator (Title Code 3521OS, Salary Range T-29).
9. Effective January 28, 2022, approve revised title descriptions and classification specifications, and adjust pay grade for Chief Veterinarian (Title Code 5154SM, Salary Range C-62).
10. Effective January 28, 2022, approve new title description and classification specification, and. set pay grade for Supervising Registered Veterinary Technician (_"Title Code: 5921 SM, Salary Range C- 31).
11. Effective January 28, 2022, approve revised title description and classification specification, and adjust pay grade for Tax Services Technician (Title Code 0505CL, Salary Range C-16), and approve new title descriptions and classification specifications. and set pay grades for Tax Services Technician Trainee (Title Code 0502CL, Salary lunge C-13) and Senior Tax Services Technician (Title Code 0506CL, Salary Range C-20).
12. Effective January 28, 2022, approve revised classification specification, and adjust pay grade for Licensed Vocational Nurse (Title Code 4108HP, Salary Range C-19).
13. Effective January 28, 2022, approve revised classification specification, and adjust pay grade for Behavioral Health Nurse (Title Code 4175HP, Salary Range C-43).
14. Effective January 28, 2022, approve revised title descriptions and classification specifications, and adjust pay grades for Registered Nurse (Title Code 4143HP, Salary Range C-37) and Sr. Registered Nurse (Title Code 414411P, Salary Range C-3 9).
15. Effective January 28, 2022, approve revised title descriptions and classification specification, and adjust pay grades for Public Health Nurse Trainee (Title Code 4181IIP, Salary Range C-40), Public Health purse (Title Code 4185HP, Salary Range C-44), Lead Public Health Nurse (Title Code 4188SM, Salary Range C-46), and Supervising Public Health Nurse (Title Code 4189SM, Salary Range C-48).
11-10
Attachment B
16. Effective January 28, 2022, approve deletion of Public Health Nurse iI (Title: Code 4182HP) and Senior Public health Nurse (Title Code 4186HP) classification titles and direct Human Resource Services to remove the deleted classifications frond all Change County Classification Plan documents.
17. Effective January 28, 2022, approve and adopt the attached Side Letter Agreement between the County of Grange and the Orange County Employees Association, included as Attachment D.
18. Effective January 28, 2022, approve revised classification specification, and adjust pay grades for Nurse Practitioner I (Title Code 4151 HP, Salary Range C-48), and purse Practitioner II (Title Code 4152HP, Salary Code C-53).
19. Effective January 28, 2022, approve deletion of Supervising Animal Control Services Representative (Title Code 5918SM) classification title and direct lluman Resource Services to remove the obsolete classification from all Orange County Classification Plan documents.
20. Effective January 28, 2022, approve and adopt revised ML-E salary schedule, as detailed in Attachment E.
SUMMARY:
The Mid -Year Budget Report provides the Board of Supervisors, members of the public, County departments and other interested parties with an overview of the current status of revenues, expenditures, Net County Cost, total budgeted positions and various departmental issues requiring recommended changes to the County's budget.
BACKGROUND INFORMATION:
The following components of the FY 2021-22 Mid -Year Budget Report for Board of Supervisors consideration can be found in Attachment A:
Executive Summary
Budget Issues
Human Resources Issues, including:
Position Summary.
w Vacant Positions — Aged
Recommended Actions
• Budget ,adjustment Suminary
• Position Change Summary
Classification Maintenance Studies
Recommended Actions
Classification Summaries
Classification Specifications
Paco e
Attachment B
FY 2021-22 County Event Calendar Additions
The County of Orange uses the OpenOC Data Tool, which is a web -based software providing increased transparency and easy access to 'finance and budget information. Supplemental expense and revenue data are available by accessing the OpenOC link: littp:!,/data.ecovoc.com/`':IFY202')—Q24/bO. Budget and actual reports, as of December 31, 2021, can be viewed using the Budget Report — Report Links found on the left-hand side of the web page,
FINANCIAL IMPACT:
Please see Attachment A for Financial Impact detail.
STAFFING IMPACT:
Detailed departmental position change request information is included in the Budget Issues section of Attachment A, including a summarization of Department requests to add positions. The position change summary of Attachment A documents the specific positions and position titles.
REVIEWING AGENCIES:
Auditor -Controller
ATTACHMENT(S):
Attachment A - FY 2021-22 Mid -Year Budget Report
Attachment B - Government Code Sections
Attachment C - County Events Calendar
Attachment D — Side Letter Agreement Between the County of Orange and the Orange County Employees
Attachment E - Proposed NIL-E Salary Schedule
C)
11-12
Attachment C
County of Orange FY 2021-22 Mid -Year Budget Report Excerpt The complete document is available at the following URL:
http://cams.ocgov.com/Web_Publisher_Sam/Agenda01_25_2022_files/images/000921-001048A.PDF 11-13
Attachment C Attachment
County of Orange
FY 2021-22 Mid -Year Budget Report
January 25, 2022
Facility Development, Fund 14Q, for the Jail Facilities Americans with Disabilities Act (ADA) accessibility upgrade project.
■ In Sheriff -Coroner Construction and Facility Development, Fund 14Q, increase structures and improvements by $300,000 offset by a corresponding increase to transfers in from Countywide Capital Projects, Fund 15D, for the Theo Lacy Facility security block wall project.
In Countywide Capital Projects, Fund 15D, decrease services and supplies by $300,000 offset by a corresponding transfer out to Sheriff -Coroner Construction and Facility Development, Fund 14Q, for the Theo Lacy Facility security block wall project.
County Executive Office (Department 017)
Proposition 69 - DNA Identification Fund (Fund 12J, Department 017, Budget Control 1 2J)
On December 1, 2021, the Prop 69 Committee ("Committee") approved the allocation of 2021 DNA Identification Fund revenues and estimated funding totaling $840,000. The Committee voted to allocate $795,385 as one-time funding requests to enhance the DNA programs for local law enforcement entities and County Departments and set aside $44,615 for future funding requests.
Funds allocated for one-time funding requests will be used to provide crime scene light aids to locate DNA evidence, evidence handling and storage solutions, two rapid DNA instruments and continued funding for the Advanced Forensic Testing Program.
Allocations by entity are summarized in the following table:
Agency
Details
2021 Recommended
One -Time Allocation
Buena Park Police Department
Forenscope Tablet
$ 30,189
Crime-Lite Auto Kit
Costa Mesa Police Department
Cold Case Storage System
101,361
Two DNA Clothing Dyers
Garden Grove Police Department
Plastic Storage Bins
15,000
Two Crime-Lite Auto Kits
Irvine Police Department
DNA Evidence Storage
121,325
Crime-Lite Auto Kit
Crime Scene Lights
Newport Beach Police Department
DNA Storage Lockers
37,847
Shelving Units
Orange Police Department
Storage File Boxes
4,000
High Density Mobile Storage
Placentia Police Department
Two Drying Cabinets
132,000
Seal Beach Police Department
DNA Freezer Chest Storage
3,000
17
Attachment C Attachment
County of Orange
FY 2021-22 Mid -Year Budget Report
January 25, 2022
2021 Recommended
Agency
Details
One -Time Allocation
Two Rapid DNA Instruments
Rapid DNA Kits, Maintenance, and Disposal
District Attorne 's Office
Advanced Forensic Testing Program
350,663
Total
$ 795,385
In order to implement the Committee's recommendations, the following adjustments are requested:
The Committee recommends a one-time allocation of $350,663 to the District Attorney to cover costs for: two Rapid DNA instruments ($234,403), rapid DNA program supplies and maintenance ($115,260), and professional services for advanced forensics testing ($1,000).
In DNA Identification Fund 12J, increase transfers out by $350,663 to District Attorney, Budget Control 026, offset by an equivalent decrease to obligated fund balance for one-time funding allocations approved by the Committee.
In District Attorney, Budget Control 026, increase transfers in by $350,663 from DNA Identification Fund 12J, offset by increases of $116,260 to services and supplies and $234,403 to equipment.
■ In DNA Identification Fund 12J, increase other charges appropriations by $444,722 to local non -County agencies, offset by an equivalent decrease in obligated fund balance to support local law enforcement DNA storage and programs. ■ Re -budget a 2020 allocation of $26,000 to the Sheriff -Coroner to purchase an Evidence Refrigerated Locker.
In DNA Identification Fund 12J, increase transfers out to Sheriff -Coroner, Budget Control 060, by $26,000 offset by an equivalent decrease in obligated fund balance for one-time funding allocations.
In Sheriff -Coroner, Budget Control 060, increase transfers in by $26,000 from DNA Identification Fund 12J, offset by a corresponding increase to equipment.
Direct the Auditor -Controller to make payment up to the total allocation amount of $444,722 identified in the table on the prior page, from Fund 12J to the local non - County agencies upon receipt of a Payment Request Form from County Budget Office. Local agencies will be required to provide supporting documentation to request 2021 reimbursement including proof of purchase and copies of vendor invoices to ensure the monies are spent consistent with Prop 69 guidelines. 18