REPORT TO COUNCIL
SUBJECT
Title
Action on Approval of the Spending Plan for Supplemental Law Enforcement Services Fund and Related Budget Amendment
Report
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
In 1996, Assembly Bill 3229 established the Citizen’s Option for Public Safety (COPS) program’s Supplemental Law Enforcement Services Fund (SLESF). The Legislature determined that there was a compelling need for additional resources at the local level for the purpose of ensuring public safety and established the COPS program to advance community policing in all counties. The COPS program awards non-competitive and non-matching grants to law enforcement agencies to fund frontline municipal police services. The City has used these funds in prior years to purchase officer safety and duty equipment, communications equipment and vehicles, among other things, that are all used directly and solely in the provision of frontline police services to the community.
Per Government Code §§ 30061-30063, cities are allocated a proportionate share of COPS funds by the California Department of Finance, through Santa Clara County. Proportionate shares are based on population estimates determined by the California Department of Finance.
This is not a fixed amount grant. Under the standard grant program allocation, the City of Santa Clara is eligible to receive a minimum of $100,000 annually. Each fall, Santa Clara County estimates the allocation for each law enforcement agency in the county; the actual amount paid varies from the projection and is unknown until the payment cycle is complete. Monthly distributions are received via wire transfer and the City’s Finance Department deposits these funds into a separate grant account. These distributions are not received in equal installments from month-to-month; therefore, spending over the course of the payment cycle can be unpredictable.
In recent years, the City of Santa Clara has received COPS funding as follows:
|
Funding Cycle |
Minimum Amount to be Allocated |
Projected Allocation * |
Actual Amount Received ** |
|
COP 11 - 12 |
$100,000 |
$224,246 |
$169,674 |
|
COP 12 - 13 |
$100,000 |
$191,055 |
$200,160 |
|
COP 13 - 14 |
$100,000 |
$191,913 |
$205,650 |
|
COP 14 - 15 |
$100,000 |
$191,446 |
$219,432 |
|
COP 15 - 16 |
$100,000 |
$189,093 |
$244,542 |
|
COP 16 - 17 |
$100,000 |
$190,585 |
$270,027 |
|
COP 17 - 18 |
$100,000 |
$196,976 |
$282,165 |
|
COP 18 - 19 |
$100,000 |
$196,976 |
$307,179 |
|
COP 19 - 20 |
$100,000 |
$195,075 |
$305,734 |
|
COP 20 - 21 |
$100,000 |
$196,119 |
$327,071 |
*The Projected Allocation column shows the California Department of Finance’s initial estimated grant allocation.
**This column reflects the total amount received by the Police Department. This report requests action on behalf of the Council for the additional funding received from FY 2020/21.
The COPS/SLESF grant does not have any application or other requirements; the monies are transferred to local entities through the County by operation of law (Government Code §§30061-30063) and are to be expended in accordance with the requirements of those code sections. The Government Code contains the following requirements for a recipient agency:
• The funds shall be used exclusively for frontline law enforcement services
• The funds cannot be used to supplant other existing funding sources for general law enforcement services
• The City Council shall appropriate existing and anticipated moneys exclusively to fund frontline municipal police services, in accordance with written requests submitted by the Chief of Police
• Moneys in the fund shall not be transferred to, or intermingled with, the moneys in any other fund in the City treasury, except to the extent necessary to facilitate the appropriation and expenditure of those transferred moneys
• Once the appropriation of the grant funds is made, it cannot be subsequently altered by the City Council
• Administrative overhead costs cannot exceed of 0.5% of the City’s allocation
• The funds cannot be used for a capital or construction project that does not directly support frontline law enforcement services
DISCUSSION
Santa Clara County’s estimated allocation for frontline law enforcement equipment for Fiscal Year 2021/22 is $3,391,156. Based on the January 2021 population estimate of 130,746, the City of Santa Clara expects to receive $200,298 in COPS funding, as presented in Attachment 1. Staff recommends appropriating these funds as part of this report.
In addition, the Police Department has been allocated an additional $130,952 for the FY 2020/21 COPS grant, increasing the grant from $196,119 to $327,071. The anticipated FY 2020/21 allocation was approved by City Council on March 9, 2021 (RTC #21-37), with the understanding the Police Department would return to the City Council should additional funds become available. Staff recommends appropriating the additional funding of $130,952 as part of this report.
In accordance with grant requirements, the Chief of Police hereby requests that the City Council approve the spending plan for the additional grant moneys for FY 2020/21 and the anticipated grant moneys for FY 2021/22 to fund front line municipal police services, as described below. This amount includes $88,571 for the FY 2020/21 grant and $200,298 for the FY 2021/22 grant. Please note that the original spending plan for the FY 2020/21 grant approved on March 9, 2021 totaled $238,500 and was above the amount appropriated ($196,119) to account for the potential receipt of additional grant funds. As a result, the FY 2020/21 grant spending plan needs to be amended to account for the additional $88,571 above the plan previously presented, bringing the spending plan to $327,071. Given the grant allocation can vary, some, or all, of the items may be purchased. If additional grant funds become available, staff will bring forward a budget adjustment.
|
Current Priority |
Equipment, Program or Service * |
Not to Exceed Estimated Amount ** |
|
1 |
Non-magnifying reflector sight for firearms (commonly referred to as red dot sights) and corresponding accessories |
$10,000 |
|
2 |
Protective equipment (e.g. ballistic body armor, shields, helmets, gas masks, goggles, traffic control vests, flashlights, etc.) for use in training or in the field |
$40,000 |
|
3 |
Software to support advances in technology, with an emphasis on tools to help financial crime detectives solve bitcoin, ethereum and other cryptocurrency crimes |
$25,000 |
|
4 |
Expansion to the Department’s vehicle fleet to support specialized unit equipment needs |
$200,000 |
|
5 |
Crime scene / investigation gear |
$13,869 |
|
|
TOTAL |
$288,869 |
*Priorities may change over the course of the grant cycle and/or alternate funding sources may become available.
**Estimates to be fleshed out (e.g. vendor, number of items, promotions, etc.) as funding becomes available over the grant cycle.
Staff will continue to evaluate priorities based on needs and the actual funding amount received as not all items may be funded.
ENVIRONMENTAL REVIEW
This action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(4) in that it is a fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment.
FISCAL IMPACT
In October 2021, the City of Santa Clara received official notice from the California Department of Finance that its expected Citizens’ Option for Public Safety allocation for FY 2021/22 is $200,298.
Also, in October 2021, the Police Department received additional funding of $130,952 for the COP 2020/21 allocation, bringing the total COP 2020/21 award to $327,071.
Budget actions are recommended to recognize the COPS grant revenue and appropriate the funding in the City’s Police Operating Grant Trust Fund, as detailed in the table below.
Budget Amendment
FY 2021/22
|
|
Current Budget |
Increase / (Decrease) |
Revised Budget |
|
Police Operating Grant Trust Fund |
|
|
|
|
|
|
|
|
|
Revenue |
|
|
|
|
Grant Funding - COP21 |
$0 |
$130,952 |
$130,952 |
|
Grant Funding - COP22 |
$0 |
$200,298 |
$200,298 |
|
|
|
|
|
|
Expenditures |
|
|
|
|
Citizen’s Option for Public Safety FY 2020/21 |
$0 |
$130,952 |
$130,952 |
|
Citizen’s Option for Public Safety FY 2021/22 |
$0 |
$200,298 |
$200,298 |
Although equipment purchased with the grant funds will not initially create any additional cost for the City, it is possible that future repair or other servicing, or replacement costs, for such equipment would create an expense. The department will absorb such costs within future budget allocations.
COORDINATION
This report has been coordinated with the Finance Department, City Attorney’s Office and Police Department.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov.
RECOMMENDATION
Recommendation
1. Approve the spending plan for funds received from the Citizen’s Option for Public Safety Programs Supplemental Law Enforcement Services Fund; and
2. Consistent with City Charter Section 1305, “At any meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least five members so as to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenue not included in the budget,” approve a FY 2021/22 budget amendment in the Police Operating Grant Trust Fund to recognize revenue in the amount of $130,952 for the COPS 21 grant and $200,298 for the COPS 22 grant, increase the Citizen’s Option for Public Safety FY 2020/21 appropriation in the amount of $130,952, and establish the Citizen’s Option for Public Safety FY 2021/22 appropriation in the amount of $200,298 (five affirmative Council votes required to appropriate additional revenue).
Staff
Reviewed by: Patrick Nikolai, Chief of Police
Approved by: Deanna J. Santana, City Manager
ATTACHMENTS
1. Letter from the California Department of Finance with Citizens’ Option for Public Safety percentages and allocation
2. RTC 21-37, from the March 9, 2021 City Council meeting