rasACLAj?,
1500 Warburton Avenue
City of Santa Clara Santa Clara, CA95050
santaclaraca. gov
@SantaClaraCity
Agenda Report
23- 858 Agenda Date: 9/ 19/ 2023
REPORT TO COUNCIL
SUBJECT
Action to Approve Amendment No. 1 to the Memorandum of Understanding with the County of Santa Clara for a Psychiatric Emergency Response Team ( PERT) Program and Approve the Related Budget Amendment
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
Over the past decade, there has been an increase in calls for service for persons experiencing mental health crises throughout the state. Over this same timeframe, there has been concern about the overrepresentation of persons with mental illnesses in jails and prisons which has led to diverting individuals with mental health struggles at the earliest point possible. As a result, law enforcement has seen a significant increase in individuals experiencing crises.
Several initiatives have been implemented to address these issues in the Santa Clara community:
2015, two-year $220,000 agreementwith the Countyof Santa Clara BehavioralHealth Services Department ( BHSD) for intensive case management for up to 20 chronically homeless individuals. Agreement has been extended over the years with a current expiration of 2024.
a
2017, County Board of Supervisors approved the development of a BHSD Psychiatric Emergency Response Team ( PERT) program and subsequent Mobile Crisis Response Team MCRT) to assist with in-field response to in-progress crises. The Police Department utilizes this resource as appropriate and available.
2018, the City Council approved $ 180, 000 in Supplemental Law Enforcement Services funding to hire a mental health clinician.
2019, the Police Department rebranded the Nuisance Suppression Unit to the Community Response Team ( CRT) with a shift to promote community wellness, often among vulnerable communities.
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2020, the Police Department reallocated two police officers to CRT and trained them as Crisis Intervention Specialists ( CIS); in Fiscal Year 2022/ 23, the Police Department had 836 mental health contacts, resulting in 270 detentions and 356 Crisis Intervention Specialist cases.
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23- 858 Agenda Date: 9/ 19/ 2023
0 2021, the Police Department developed a Special Needs Awareness Program to improve police interactions with members of our community.
0 2022, the Police Department established a Memorandum of Understanding ( MOU) with the County of Santa Clara to establish a Psychiatric Emergency Response Team ( PERT) program and dedicate a clinician to CRT supporting the CIS's.
In addition, the Police Department developed a partnership with PRAGNYA ( Preparing Resources & Alliances Galvanizing Neurodiversity Acculturation) and has since offered two community programs.
41 2023, the City Council authorized an additional $ 70, 000 in Supplemental Law Enforcement Services funding to go toward a mental health clinician.
The County of Santa Clara's staffing levels, combinedwith complicationsconnectedwith the pandemic, have not allowedthe Police Departmentto onboarda PERTclinicianto join the effortsof CRT until recently.
On June 27, 2023, KerrieWoodjoined the Police Departmentas a mental health clinicianwith the training, skills and experienceto support CRT. This cross-system collaborationis intendedto provide rapid intervention and improved response and outcomes for individuals with mental illness and substance abuse who come in contact with law enforcement. Ms. Wood previously served as a PERT clinician for the Morgan Hill Police Department.
DISCUSSION
On November 13, 2018, the City Council approvedthe SupplementalLaw EnforcementServices spend plan for the FY 2018/ 19 allocation. As part of this spend plan, $ 180, 000 was allocated for an agreementwith the SantaClaraCounty mental healthprovider. On August 30, 2022, the City Council authorized the City Manager to negotiate and execute a Memorandum of Understanding with the Countyof Santa Clarafor a PsychiatricEmergencyResponseTeam program in a form substantially similar to a draft included in the report ( RTC # 22- 931). An MOU was negotiated in the amount of 180,000 for a term through December 31, 2023. As of June 30, 2023, the remaining balance of this allocation is approximately $ 168, 518.
The initial MOU terms were based on the assumption the County would be able to provide the City with a clinician by December2022 to work for approximatelyone year. Unfortunately, Countystaffing levels did not allow their organization to dedicate a staff member to the Santa Clara Police Department until June 2023. As a result, the available funding will not be spent over the balance of the MOU period.
In addition, on February 7, 2023, the City Council authorized an additional $ 70, 000 in Supplemental Law Enforcement Services Funds ( RTC # 23- 1418) to fund a PERT clinician.
Amendment No. 1 to this MOU extends the term to December 31, 2025 and increases the not- to- exceed amount to $ 250, 000.
ENVIRONMENTAL REVIEW
This action being considered does not constitute a "project" within the meaning of the California City of Santa Clara Page 2 of 4 Printed on 9/ 7/ 2023
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23- 858 Agenda Date: 9/ 19/ 2023
Environmental Quality Act (" CEQA") pursuant to CEQA Guidelines section 15378(b)(4) in that it is a fiscal activity that does not involveany commitmentto any specific projectwhich may result in a potential significant impact on the environment
FISCAL IMPACT
As discussed above, funding for a mental health clinician was appropriated in prior fiscal years using Supplemental Law Enforcement Services funding in the Police Operating Grant Trust Fund. In FY 2018/ 19, the initial $ 180, 000 was approved, with an additional $ 70, 000 approved in FY 2022/ 23. The remainingbalanceof this funding is recommendedto be carried over from FY 2022/23 to FY 2023/24 as detailed in the table below.
Budget Amendment
FY 2023/ 24
Current Increase/ Revised
Decrease)
Police Operating Grant Trust
Fund
Fund Balance
Beginning Fund Balance 0 238, 518 238, 518
Expenditures
Citizens' Option for Public Safety $ 0 168, 518 168, 518 2019
Citizens' Option for Public Safety $ 0 70, 000 70, 000 2023
There are nominal expenses to staff for monitoring the work, attending cooperative training( s) and/or processing invoices from the County of Santa Clara for expenses.
COORDINATION
This report was coordinated with the Finance Department, City Attorney' s Office and Police Department.
PUBLIC CONTACT
Publiccontact was madeby postingthe Councilagenda on the City's official-notice bulletinboard outsideCity Hall Council Chambers. A completeagenda packet is availableon the City's website and in the City Clerk's Office at least 72 hours prior to a RegularMeetingand 24 hoursprior to a SpecialMeeting. A hard copy of any agenda reportmay be requestedby contactingthe City Clerk's Office at ( 408) 615- 2220, email clerk santaclaraca, ov < mailto: clerk santaclaraca. ova or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
1. Authorize the City Managerto ExecuteAmendmentNo. 1 to the Memorandumof Understanding with the County of Santa Clara for a Psychiatric Emergency Response Team PERT) Program to extend the term to December 31, 2025 and increase the not- to- exceed City of Santa Clara Page 3 of 4 Printed on 9/ 7/ 2023
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23- 858 Agenda Date: 9/ 19/ 2023
amount to $ 250, 000, in a final form approved by the City Attorney; and
2. Authorize the City Manager to execute future amendments to the Memorandum of Understandingwith the County of Santa Clarafor PsychiatricEmergencyResponseTeam PERT) Program to extend the term and increase the not- to- exceed amount to reflect receipt of additional grant funds allocated for this purpose, subject to the appropriation of funds, in a final form approved by the City Attorney.
3. Approve the FY 2023/24 Budget Amendment in the Police Operating Grant Trust Fund recognizing beginning fund balance of$ 238,518 from supplemental law enforcement services funding received, increase the Citizens' Option for Public Safety 2019 appropriation in the amount of$ 168,518, and increase the Citizens' Option for Public Safety 2023 appropriation in the amount of$ 70, 000 ( five affirmative Council votes required for the use of unused balances).
Reviewed by: Pat Nikolai, Chief of Police
Approved by: Jovan Grogan, City Manager
ATTACHMENTS
1. Report to Council # 22- 931 dated August 30, 2022
2. Report to Council # 23- 1418 dated February 7, 2023
3. Amendment No. 1 to the Memorandum of Understanding with the County of Santa Clara for a Psychiatric Emergency Response Team ( PERT) program
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FIRST AMENDMENT TO THE
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF SANTA CLARA AND THE COUNTY OF SANTA CLARA REGARDING
PSYCHATRIC EMERGENCY RESPONSE TEAM ( PERT) JUSTICE AND MENTAL
HEALTH COLLABORATION PROGRAM
The Memorandumof Understanding (MOU) betweenthe City of SantaClara (CITY) and County of SantaClara(COUNTY) regardingthe PsychiatricEmergencyResponseTeam PERT) Justice and Mental Health Collaboration program is hereby amended as follows:
AMENDMENT TERMS AND CONDITIONS
1. Section 1. 1 under Article 1 " Term; Extensions; Termination", is hereby replaced in its entirety as follows:
The initial term of this MOU is from the datethe MOU is executedby both parties to December 31, 2025, or until the CITY' s available appropriation in the amount of 240, 000 is exhausted, whichever occurs first."
2. Section 2. 2 under Article 2 " Scope Of Services", is hereby modified to add the following provisions:
s. Identify adesignatedPERTOfficer to collaborateandpartnerwith theBHSDPERT Clinician.
t. The CITY shall collaborate with the BHSD on any PERT Clinician background clearance prior to city assignment.
3. Section 3. 2. b. 1 under Article 3 " Funding/ Financial Responsibilities", is hereby replaced in its entirety asfollows:
The CITY shall reimburse COUNTY for the salary and benefits of the BHSD PERT Clinician. The maximum financial obligation of CITY shall not exceed $ 240, 000.
4. Section 4. 7 under Article 4 " Notices", is hereby replacedin its entirety as follows:
All notices required under the terms of this MOU will be in writing and must be transmitted by electronic mail or deposited in the United States Mail, certified mail, return receipt requested, addressedto the parties as setforth below:
COUNTY OF SANTA CLARA: CITY OF SANTA CLARA:
Bruce Copley, Director Jovan D. Grogan
BHSD Access and Unplanned Services Office of the City Manager bruce. copley@hhs. sccgov. org, managergsantaclaraca. gov S. Bascom Ave., Suite 200 1500 Warburton Avenue
San Jose, CA 95128 Santa Clara, CA 95050
408) 885- 3957 408) 615- 2210
Except as set forth herein, all other terms and conditions of the MOU shall remain in full force andeffect; provided,however, in theeventof anyconflict betweenthetermsof this First Amendment and the MOU, the terms of this First Amendment shall control. The MOU as amendedby this First Amendment constitutesthe entire MOU of the parties concerning the subjectmatter herein and supersedesall prior oral andwritten agreements, representations, and understandings concerning such subject matter.
IN WITNESS WHEREOF, the parties have executedthis First Amendment as setforth below.
COUNTY" County of Santa Clara CITY" City of SantaClara, a Municipal Co oration and Charter City
Matthe Hada Date
Jo gan Date
Chief Procurement Officer
i Manager
APPROVED AS TO FORM AND LEGALITY: APPROVE AS TO FORM AND LEGALITY:
A7, A 11,—
Megan
eety
an Date len R. Googins Date
Deputy Counsel ity Attorney
APPROVED:
Sherri Terao, E. d. D Date
Director
Behavioral Health Services Department
APPROVED:
Vincent DePaul Robben ate
Health Care Financial Manager
County of Santa Clara Health System