City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Police
Meeting Date: November 6, 2023
Report #:2308-1926
TITLE
Approval of the Acceptance of State of California Citizens Options for Public Safety (COPS) Funds of $194,400 and a Budget Amendment in the Supplemental Law Enforcement Services Fund (2/3 vote required) for front-line law enforcement expenses
RECOMMENDATION
Staff recommends that the City Council:
1. Approve the acceptance of annual Citizens Options for Public Safety (COPS) funds from State of California, totaling $194,400; and
2. Amend the Fiscal Year 2024 Budget Appropriation (requires 2/3 approval) for the Supplemental Law Enforcement Services (SLES) Fund by:
a. Increasing the estimate for revenue from the State of California by $194,400; b. Increasing expense appropriation for Facilities and Equipment by $205,000; c. Increasing expense appropriation for General Expenses by $20,700; d. Increasing expense appropriation for Salary & Benefits by $206,000; e. Increasing expense appropriation for Supplies & Materials by $12,500; and f. Decreasing the ending fund balance by $249,800.
EXECUTIVE SUMMARY
Staff recommends that the City Council approve the acceptance of the annual State of California COPS FY 2024 funds, totaling $194,400 and amend the budget appropriation in the SLES Fund to spend the revenues. Staff also recommends appropriating unspent funding from previous years of $249,800. This funding went into the fund balance at the close of the previous fiscal years to be used for other eligible expenses. In total, $444,200 is recommended for non- capitalized tools, general expenses, supplies and materials, and overtime related to front-line law enforcement.
BACKGROUND
Every year since 1997, the State of California, by statute, allocates designated funds to counties, which pass funding through to cities, through a Citizens Options for Public Safety (COPS) program. This ongoing program is apportioned by a State statute and the level of funding is relative to the population as determined by the California Department of Finance. This funding is not related to the Federal Government Department of Justice ”COPS” program with the same acronym.
State law provides for four main requirements as written in Government Code sections 30025- 30029.12 and 30051-30063: 1) Each recipient (County and a City) is required to deposit the revenue into a separate fund so the funds are not co-mingled with the General Fund (Sec. 30063); and 2) the money shall be used for front line law enforcement services or municipal police services (Sec. 30061(c)(2)); and transfer to other funds is allowed provided it is to facilitate the use according to the code (Sec. 30063); and 4) the funds shall not supplant the city budget (Sec. 30062(a)). Previous uses of COPS funds have included restarting the Community Service Officer (CSO) program, electronic traffic citation system, equipment upgrades, safety equipment, police training, staff wellness testing, police recruiting, upgrades to patrol vehicles, and upgraded tools and technology, all benefiting front line law enforcement services or municipal police services for the City of Palo Alto.
According to State staff, the source of funding is vehicle license fees. Specific allocations are directed by the Department of Finance, in accordance with the Government Code, while the distributions are made by the State Controller’s Office. There are two parts to the distribution:
A. a semi-permanent component based on a minimum funding level for the program, paid monthly and
B. a growth component for funds (referred to as Growth Fund) in excess of the minimum base, paid one-time the following year after reconciliation.
Staff identified excess fund balance in this SLES fund in FY 2022 and working to determine appropriate needs and uses for public safety services. Fund balance has accumulated due to higher than estimated revenues from a change in State law that increased funding and because of projects or programs previously identified did not require the funding set-aside or did not materialize. Most of those previously planned expenses were for non-mandatory training and recruiting which did not occur due to insufficient backfill staffing to support these while maintaining necessary minimum staffing levels for daily service delivery. The most recent fund balance, $848,000, can be found in the FY 2022 Annual Comprehensive Financial Report1 and an electronic copy of the report is available on the City’s website2. 1 City Council, January 23, 2023; Agenda Item #8, pg 266 https://portal.laserfiche.com/Portal/DocView.aspx?repo=r-704298fc&id=59275 2 City of Palo Alto FY 2022 Annual Comprehensive Financial Report beginning on pg 125
ANALYSIS
The City recently received the annual notice of COPS funding for the distribution in Fiscal Year 2023-2024 of $104,6193 in alignment with the minimum distribution (distribution A above).
Further, the Growth Fund portion (distribution B above) was funded and reported $89,787 in funding allocated for Palo Alto4.The total expected revenue to the SLES Fund for Fiscal Year 2024 is $194,400.
Staff recommends use of this year’s expected COPS
funds, along with a portion of the existing fund balance, for a total amount of $444,200 ($194,400 in revenue and $249,800 in existing fund balance), in the following
manner(s) which are compliant with the law. All
expenses below are estimated.
Respirators:
The Department supplies front-line law enforcement
staff with safety equipment including respirators,
commonly referred to as “gas masks.” The air-purifying
respirator is a device that is worn over the face to protect the user from inhaling hazardous atmospheres including fumes, vapors, gases, and particulate matter such as dusts and airborne pathogens. The current inventory of respirators is aged and beginning to fail. This purchase will update the existing stock with improved technology.
Tactical tools
This will purchase four ballistic vests for new Special Weapons and Tactics (SWAT) operators and additional breaching tools (hand-carried tools used to open doors and windows that operate similar to a crowbar).
Replacement Handguns with optical sights:
This will update the on-duty handgun carried by all 89 police officers (regular and reserve). This update of standard issued handguns to a newer model handgun that can be equipped with optical sights. Optical sights on handguns improves accuracy but more importantly, opens the field of vison for officers so they can see more as both eyes are open and the officer is focusing https://www.cityofpaloalto.org/files/assets/public/administrative-services/financial-reporting/comprehensive- annual-financial-reports-cafr/current-2011-cafrs/2022-acfr-final/city-of-palo-alto-acfr-fy2022-final-secured-2.pdf 3 State of California Department of Finance September 13, 2023 pg. 12 https://www.sco.ca.gov/Files-ARD-Payments/copsdofletter_2324.pdf 4 State of California Citizens Option for Public Safety Growth Allocation Report For COPS and Juvenile Justice (FY 2022-2023) Spreadsheet, sheet “Front Line City Breakdown”, row 499, column F https://www.sco.ca.gov/Files-ARD-Payments/copsandjj_allocationreport.xlsx
more on the threat landscape as opposed to the fixed front sight (which is how targeting is done on fixed sights). Although the Police Department seeks to address all emergencies with measured use of force, when required, this type of tool allows officers greater capacity to focus on the situation through a broader line of sight. Of note, officers are accustomed to the newer optical sighting technology as it exists on the issued Department rifle inventory. The average age of the current handgun is 10 years, which is still within the serviceable life of the weapon and will be sold back to the distributor for surplus. The current handguns are equipped with fixed sights. “Sights” are the weapon component that allows the user to acquire a target in the event the handgun will be fired. The current inventory of handguns in the Department, fixed sights are “built-in” to the weapon and cannot be modified.
Training on the new technology will be required for each officer to become accustomed to the draw from the updated holster and activation of the technology under stressful conditions.
Transition training for the updated handgun is also included in the total estimated cost.
The training costs will be an instructor’s course, overtime for officers training, and range rental fees.
Key management system:
This will provide an unmonitored key cabinet system with an electronic key system for patrol vehicles and equipment. The update will secure keys and allow for improved accounting of use.
Road Safety:
The purchase of Electric Roadside Flares will update to the current chemical flare used in the field. The improved technology will decrease the hazards associated with the gaseous emissions and the environmental impact of leftover spent road flares.
Honor Guard Uniforms:
The Honor Guard is a ceremonial unit comprised of sworn members of the police department who maintain exceptionally high standards of appearance and conduct and provide a presence at ceremonial events. While duty uniforms are already budgeted in the general fund, this allocation will update the uniforms of newer Honor Guard personnel. The primary role of the Honor Guard officer is to provide funeral honors for fallen staff. The honor guard also serves as the "guardians of the colors" by displaying and escorting the national flag on ceremonial occasions at official city functions.
Recruiting Police Officers: Last fiscal year Council approved the use of COPS funds to resource police officer recruiting5; this action will effectively reinstate the budget appropriation to the 5 City Council, October 5, 2022; Agenda Item #5, SR # 14943 https://portal.laserfiche.com/Portal/DocView.aspx?id=59161&repo=r-704298fc&searchid=3b54fa1f-d194-40c3- af31-4b9d16070f25
current fiscal year based on unspent funds. The FY 2023 expenses for activities related to recruiting police officers. The Department budgeted $90,000 for overtime and $20,000 for general expenses (mostly travel) Only $10,000 was used on overtime and $8,000 on general expenses. The unused funds appropriated last fiscal year fell to the fund balance at year end, as is common practice for special revenue funds.
POLICY IMPLICATIONS
Palo Alto Municipal Code 2.28.080 requires a two-thirds vote by Council to accept the funds and amend the budget and a majority vote for the transfer between funds. Further, by written authorization, the City Manager may direct the redistribution of unencumbered balance within any department or office or fund. The California Government Code would limit how SLES funds are redistributed. As with the acquisition of any goods or services by the City, the purchasing process will be subject to City purchasing policy manual as established in the municipal code under the direction of the Chief Procurement Officer. Any purchase that is surveillance technology is subject to provisions of the Municipal Code during the purchase process. None of the proposed uses here are considered surveillance technology nor are considered military equipment and subject to reporting according to AB 481.
FISCAL/RESOURCE IMPACT
This activity directly impacts only the Supplemental Law Enforcement Services (SLES) Fund. The City has received revenue each year under this program since its inception. To receive the revenue into the SLES Fund, Council’s approval is required according to the Municipal Code (PAMC 2.30.360) and the State Government code referenced above. Revenues of $194,400 are recommended to be recognized in the SLES Fund. A total of $444,200 of expenditures are anticipated as described previously in the memorandum, including the use of $249,800 the existing fund balance. There will be no impact to the General Fund as ongoing maintenance costs, if any, for the items purchased by the SLES Fund will be absorbed in the Department's existing budget, otherwise, the activities will stop when the SLES funds are spent in full.
STAKEHOLDER ENGAGEMENT
None
ENVIRONMENTAL REVIEW
Acceptance of COPS funding and the proposed expenditures for public safety equipment are not projects subject to CEQA review.
ATTACHMENTS
None
APPROVED BY:
Andrew Binder, Police Chief