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HomeMy WebLinkAboutCC AG PKT 2007-09-24#BB e AGENDA REPORT DATE: September 24, 2007 TO: Honorable Mayor and City Council THRU: David Carmany, City Manager FROM: Jeff Kirkpatrick, Chief of Police SUBmCT: Allocation of State COPS Funds - 2007-2008 (Supplemental Law Enforcement Services Fund Grant) SUMMARY OF REQUEST: It is requested that a Public Hearing be held to consider the acceptance of funds provided under State Assembly Bill AB3229, Chapter 134, and that at the conclusion of that hearing, approval be granted for the proposed expenditure of these funds. e BACKGROUND: In 1996, State Assembly Bill AB 3229, Chapter 134, established the Citizens' Options for Public Safety Program to provide funding to eligible jurisdictions. Pursuant to the current provision of this bill, monies allocated from the Supplemental law Enforcement Services Fund (SLESF) to recipient entities must be expended exclusively to provide front line law enforcement services. These funds must be used exclusively for personnel, equipment, or programs that support front line law enforcement services and by statute cannot be used to supplant any existing funding for law enforcement services provided by that entity. Legislation related to these funds requires that all reporting mandates are met and that these funds be expended in the prescribed fiscal year to avoid forfeiture of the funds. The City has received notification that the ~007/08 State budget appropriated funds to Orange County, and based on population, Seal Beach is expected to receive approximately $100,000. As previously stated, these funds must be expended for "front line municipal police services, in accordance with written requests submitted Uy the Chief of Police of that city or the Chief Administrator of the law enforcement agency that provides police services to that city. These written requests shall be acted upon by the City Council." Government Co~ ~30061 [c][2]. e Agenda Item .tJ1!l e It is recommended that these funds be accepted and supplement our existing front line services in the following manner: The anticipated $100,000 will be used to fund police personnel to enhance frontline community policing and problem solving; related technology equipment and training exclusively dedicated to community policing efforts. FISCAL IMPACT: The funds must be expended by June 30, 2008. No City funds would be involved. RECOMMENDATION: It is recommended that a public hearing be held and that Council approval be given to the acceptance of the 2007/08 Supplemental Law Enforcement Services Fund (State COPS) funding of approximately $100,000; that the established SLESF be authorized to accept such funds; and that approval be given to the Chief of Police to expend these funds as detailed in this report. e NOTED AND APPROVED: !3 .~ ~ David Carmany, City Manager .' e 2 RESOLUTION NUMBER e A RESOLUTION OF THE CITY COUNCD.. OF THE CITY OF SEAL BEACH AUTHORIZING APPROVAL OF THE FISCAL YEAR 2007-2008 COPS-SLESF GRANT EXPENDITURE PLAN AND GRANT ACCEPTANCE. The City Council of the City of Seal Beach hereby resolves that the City of Seal Beach does hereby authorize ond ""cept the Seal Beach Police Deplll'lmeDt's fiscal year 2007-2008 Citizens Option for Public Safety (COPS) - Supplemental Law Enforcement Service Fund (SLESF) grant expenditure plan ond to authorize acceptance of COPS- SLESF grant funds from the State of California PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach, at a regular meeting held on the 24th day of Sentember .2007 by the following vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS ABSTAIN: COUNCll..MEMBERS Mayor e A'ITEST: City Clerk STATE OF CALIFORNIA I COUNTY OF ORANGE I SS CITY OF SEAL BEACH I c I, Linda Devine, City Clerk for the City of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number on file in the office of the City Clerk, passed, approved and adopted by the City Council of the City of Seal Be""h at a regular meeting held on the 24th day of Sentember , 2007. City Clerk e SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (ProD.-I72) Seal Beach Police Department e 2007-2008 PLANNED EXPENDITURE liST Revised: 813012007 e . Patrol Rifles, related training, and overtime (Existing SLESF program) . SWAT equipment, related training, and overtime (New program) · Community Policing Equipment and. Materials (Existing SLESF program) o Web Based Police Reporting System for citizen use o Community Policing Project Tracking System o Moving Traffic Enforcement Radar for all B& W vehicles . IUAOC Program funding (Existing program) . Major Accident Investigation Team personnel, training, and equipment (New program - previous tri-city regional team dissolved) o CADZone Software, related software licenses (traffic accident measuring software), Visual Statement equipment for major traffic collision investigations, related training. o Laptop computer for major traffic collision investigations o Preliminary Alcohol Screening (PAS) devices o Traffic accelerometer o Smart Level equipment for AI Team o Related overtime · Crime Prevention Programs ((New program --SBPD has no crime prevention programs -llreviouslv llI'Ohibited as a non-core-service.) o Public education materials, supplies, and printing costs o Crime prevention train-the-trainer training o Related overtime . Night Vision surveillance equipment for Patrol and Detectives with protective Pelican-type cases for surveillance equipment (New program) . All terrain vehicles for Beach Patrol Program (Existing SLESF program) . Electric Segwayrrrike Officer Transport systems for Downtown and Shopping Center Patrol Programs (New program) . Traffic ticket writing machines (New program) . New Special Program overtime o Beach & Main Street ATV, Segwayltrike, bicycle patrols o DUI saturation patrols o Traffic control for community events o Geo-based policing overtime (1 FTE) . Dashboard Video Camera Systems and related training (New program) . Civil Disorder Equipment and related training (New program) . Helicopter time beyond mutual aid and pursuit protocols (New program) . Jail Service Officers (New program) . AED acquisition, maintenance, and replacement (New program) . Portable police radios for CERT and DPrep (New program) . Zodiac/Avon boat, motor, trailer for CERT and DPrep (New program) c e e e e COPS - CITIZEN'S OPTION FOR PUBLIC SAFETY AKA - PROPOSITION 172 AKA - SLESF-SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND BILL NUMBER: AB 3229 BILL TEXT CHAPTERED CHAPTER 134 FILED WITH SECRETARY OF STATE JULY 10, 1996 APPROVED BY GOVERNOR JULY 10, 1996 PASSED THE SENATE JULY 8, 1996 PASSED THE ASSEMBLY JULY 8, 1996 AMENDED IN SENATE JULY 8, 1996 AMENDED IN SENATE JUNE 11, 1996 AMENDED IN ASSEMBLY MAY 24, 1996 AMENDED IN ASSEMBLY APRIL 24, 1996 INTRODUCED BY (Coauthor: (Coauthor: Assembly Member Bru1te and Senator Lockyer Assembly Member Bowen) Senator Wright) FEBRUARY 23, 1996 An act to add Chapter 6.7 (commencing with Section 30061) to Division 3 of Title 3 of the Government Code, relating to local government finance, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 3229, Bru1te. Local law enforcement: supplemental funding. Existing provisions of the California Constitution and related implementing statutes provide for the imposition of a specified statewide sales and use tax rate, and require that the revenues derived from that rate be allocated to qualifying local agencies, as described, to supplement otherwise available funding for local public safety services, as defined. This bill would require the Controller, pursuant to written requests from a county or city and county, to allocate $100,000,000, which is appropriated by the Budget Act of 1996, to counties, cities, and a certain special district in the County of San Mateo, for purposes of the Citizens Option for Public Safety (COPS) Program established by this bill. This bill would, pursuant to the COPS program, require all Local Law Enforcement Fund moneys allocated to a county pursuant to this bill to be deposited in a Supplemental Law Enforcement Services Fund (SLESF), as provided, for allocation in accordance with specified formulas and procedures to the county sheriff, district attorney, the county, cities, and a certain special district in the County of San Mateo" to be expended exclusively, except as otherwise provided for certain counties with respect to misdemeanor prosecutions, for county jails, police, sheriff, and district attorney services. This bill would require a city receiving a SLESF allocation to deposit that allocation in its own SLESF, prior to expending those moneys as required by this bill. This bill would, as provided, require each 1 e e e county auditor and city treasurer to regularly report with respect to SLESF allocations to, among other local bodies, a Supplemental Law Enforcement OVersight Committee (SLEOC) established in each county, and would also require each SLEOC to at least annually review expenditures by local law enforcement officials of SLESF moneys. By imposing additional duties upon local officials in connection with the administration of a city or county SLESF, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory.provisions. This bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. (a) The Legislature hereby finds and declares that there is a compelling need for additional resources to be applied at the local level for the purpose of ensuring public safety, and to that end the Legislature hereby enacts the Citizen's Option for Public Safety Program (COPS). (b) In light of the Legislature having appropriated one hundred million dollars ($100,000,000) in the Budget Act of 1996 for the support of the COPS program in the 1996-97 fiscal year, the Controller shall allocate those budgeted moneys among each Supplemental Law Enforcement Services Fund (SLESF), established by each county and city and county pursuant to subdivision (a) of Section 30061 of the Government Code, in accordance with the proportionate share of the state's total population that resides in each county and city and county, as determined on the basis of the most recent January population estimates developed by the Department of Finance. The Controller shall make all disbursements upon the request of an individual county or city and county that has established a SLESF, and has established an oversight committee pursuant to Section 30064 of the Government Code for the 1996-97 fiscal year no later than September 15, 1996. SEC. 2. Chapter 6.7 (commencing with Section 30061) is added to Division 3 of Title 3 of the Government Code, to read: CHAPTER 6.7. SUPPLEMENTAL LOCAL LAW ENFORCEMENT FUNDING 30061. (a) There shall be established in each county treasury a Supplemental Law Enforcement Services Fund (SLESF), to receive all amounts allocated to a county for purposes of implementing this chapter. 2 e e e (b) In any fiscal year for which a county receives money to be expended for the implementation of this chapter, the county auditor shall allocate moneys in the county's Supplemental Law Enforcement Services Fund (SLESF), including any interest or other return earned on the investment of those moneys, within 30 days of the deposit of those moneys into the fund, and shall allocate those moneys in accordance with the following requirements: (1) Twelve and one-half percent to the county sheriff for county jail construction and operation. (2) Twelve and one-half percent to the district attorney for criminal prosecution. (3) Seventy-five percent to the county and the cities within the county, and, in the case of the County of San Mateo, also to the Special District of Broadmoor, in accordance with the relative population of the cities within the county and the unincorporated area of the county, and the Special District of Broadmoor in the County of San Mateo, as specified in the most recent January estimate by the population research unit of the Department of Finance. No person residing within the Special District of Broadmoor shall also be counted as residing within the unincorporated area of the County of San Mateo or within any city located within that county. Moneys allocated to the county pursuant to this subdivision shall be retained in the county SLESF, and moneys allocated to a city pursuant to this subdivision shall be deposited in a SLESF established in the city treasury. (c) Subject to subdivision (d), for each fiscal year in which the county and each city, and the Special District of Broadmoor, receives moneys pursuant to paragraph {3l of subdivision (b), the county and each city shall appropriate those moneys in accordance with the following procedures: (1) In the case of the county, the county board of supervisors shall appropriate existing and anticipated moneys exclusively to provide front line law enforcement services, other than those services specified in paragraphs (1) and (2) of subdivision (b), in the unincorporated areas of the county, in response to written requests submitted to the board by the county sheriff and the district attorney. Any request submitted pursuant to this paragraph shall specify the front line law enforcement needs of the requesting entity, and those personnel, equipment, and programs that are necessary to meet those needs. The board shall, at a public hearing held in September in each year that the Legislature appropriates funds for purposes of this chapter, consider and determ;ne each submitted request within 60 days of receipt, pursuant to the decision of a majority of a quorum present. The board shall consider these written requests separate and apart from the process applicable to proposed allocations of the county general fund. (2) In the case of a city, the city council shall appropriate existing and anticipated moneys exclusively to fund front line municipal police services, in accordance with written requests submitted by the chief of police of that city or the chief administrator of the law enforcement agency that provides police services for that city. These written requests shall be acted upon by the:city council in the same manner as specified in paragraph (1) for county appropriations. (3) In the case of the Special District of Broadmoor, within the County of San Mateo, the legislative body of that special district shall appropriate existing and anticipated moneys exclusively to fund front line municipal police services, in accordance with written 3 e e e requests submitted by the chief administrator of the law enforcement agency that provides police services for that special district. These written requests shall be acted upon by the legislative body in the same manner specified in paragraph (1) for county appropriations. (d) For each fiscal year in which the county, a city, or the Special District of Broadmoor within the County of San Mateo receives any moneys pursuant to this chapter, in no event shall the governing body of any of those recipient agencies subsequently alter any previous, valid appropriation by that body, for that same fiscal year, of moneys allocated to the county or city pursuant to paragraph (3) of subdivision (b). 30062. (a) Except as required by paragraphs (1) and (2) of subdivision (b) of Section 30061, moneys allocated from a SLESF to a recipient entity shall be expended exclusively to provide front line law enforcement services. These moneys shall supplement existing services, and shall not be used to supplant, any existing funding for law enforcement services provided by that entity. (b) In the Counties of Los Angeles, Orange, and San Diego only, the district attorney may, in consultation with city attorneys in the county, determine a prorated share of the moneys received by the district attorney pursuant to this section to be allocated to city attorneys in the county in each fiscal year to fund the prosecution by those city attorneys of misdemeanor violations of state law. (c) In no event shall any moneys allocated from a SLESF be expended by a recipient agency to fund either of the following: (1) Administrative overhead costs in excess of 0.5 percent of a recipient entity's SLESF allocation for that year. (2) The costs of any capital project or construction project funded from moneys allocated pursuant to paragraph (3) of subdivision (b) of Section 30061 that does not directly support front line law enforcement services. " (d) For purposes of this chapter, 'front line law enforcement services" and "front line municipal police services" each include antigang and community crime prevention programs. 30063. (a) The Supplemental Law Enforcement Services Fund (SLESF) in each county or city is to be expended exclusively as required by this chapter. Moneys in that fund shal~ not be transferred to, or intermingled with, the moneys in any other fund in the county or city treasury, except that moneys may be transferred from the SLESF to the county's or city'S general fund to the extent necessary to facilitate the appropriation and expenditure of those transferred moneys in the manner required by this chapter. (b) Moneys in a SLESF may only be invested in safe and conservative investments in accordance with those standards of prudent investment applicable to the investment of trust moneys. The treasu~er of the county and each city shall provide a monthly SLESF investment report to either the police chief or the county sheriff and district attorney, as applicable. (c) The county auditor and city treasurer shall monthly detail and summarize allocations from the county's or city's SLESF, as 4 e applicabIe, in a written, public report filed with the Supplemental Law Enforcement OVersight Committee (SLEOC), the county board of supervisors or city council, as applicable, and the county sheriff or police chief, as applicable. On or before September 1, 1998, and annually on or before September 1 thereafter, the county auditor and each city treasurer shall file with those entities or persons specified in the preceding sentence a consolidated written report, of the same nature as the monthly report required pursuant to the preceding sentence, with respect to SLESF allocations for the entirety of the immediately preceding fiscal year. 30064. (a) There is in each county a Supplemental Law Enforcement OVersight Committee (SLEOC), consisting of five members as follows: (1) One municipal police chief. (2) The county sheriff. (3) The district attorney. (4) The county's executive officer. (5) One city manager. e (b) (1) The cities in each county shall organize as a city selection committee for the purposes of appointing a city manager and a municipal police chief to the Supplemental Law Enforcement OVersight Committee. Each appointment shall be made by not less than a majority of all the cities in the county having not less than a majority of the population of all the cities in the county. For purposes of the preceding sentence, population figures shall be determined on the basis of the most recent census data developed by the Department of Finance. (2) The SLEOC shall determine whether recipient entities have expended moneys received from the Supplemental Law Enforcement Services Fund (SLESF) in compliance with this chapter. For this purpose, the SLEOC shall at least annually review the expenditure of SLESF funds by city police departments, the county sheriff, and the district attorney, and shall make its annual review report available to the public. 30065. In no event shall this chapter be construed to affect in any manner the public safety service allocations required by Chapter 6.5 (commencing with Section 30051) . SEC. 3. Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund. Notwithstanding Section 17580 of the Government Code, unless otherwise specified, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution. e SEC..4. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to provide timely and critically needed fiscal resources and legal authority to local agencies that will assist those agencies . 5 e e e in keeping the peace and maintaining public safety, and to safeguard the life and property of each and every California citizen, it is necessary that this act take effect immediately. COMPLETE BILL HISTORY BILL NUMBER : A.B. No. 3229 AUTHOR Brulte TOPIC Local law enforcement: supplemental funding. TYPE OF BILL : Inactive Urgency Non-Appropriations 213 Vote Required State-Mandated Local Program Fiscal Non-Tax Levy BILL 1996 July July July July HISTORY 10 Chaptered by Secretary of State - Chapter 10 Approved by the Governor. 9 Enrolled and to the Governor at 4:30 p.m. 8 In Assembly. Urgency clause adopted. Senate amendments concurred in. To enrollment. (Ayes 74. Noes O. Page 7847.) July 8 Withdrawn from committee. Read third time and amended. time. Urgency clause adopted. Passed. (Ayes 34. Noes 5161.) Motion to reconsider made by Senator Lockyer. Reconsideration granted. Read third time. Urgency clause adopted. Passed and to Assembly. (Ayes 39. Noes O. Page 5163.) July 7 Senate Rules 29.3 and 29.10 suspended. June 11 From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on REV. 6< TAX. Referred to Com. In Senate. Read Read third time, 7109. ) May 28 Read second time. To third reading. May 24 From committee: Amend, and do pass as amended. (Ayes 12. Noes 1.) (May 22). Read second time and amended. Ordered returned to second reading. Apr. 29 Re-referred to Com. on APPR. Apr. 24 Read second time and amended. Apr. 23 From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 22). Apr. 9 In committee: Hearing postponed by committee. Mar. 14 Referred to Com. on REV. 6< TAX. Feb. 26 Read first time. From printer. 27. Feb. 23 Introduced. To print. 134, Statutes of 1996. Read third O. Page ~ June 4 June 3 May 31 on REV. 6< TAX. first time. To Com. on passed, and to Senate. RLS. for assignment. (Ayes 59. Noes 10. Page May be heard in committee March 6 e e e e SUPPLEMENTAL LAW ENFORCEMENT OVERSIGHT COMMITTEE .. JII~ 21, JOO1 General Description of Expenditures FY 2006/07 This General Description of Expenditures form is to be completed and returned to the Orange County Supplemental Law Enforcement Oversight Committee to ensure compliance with Government Code Sections 30061- 30065. Except as otherwise allowed by law, Supplemental Law Enforcement Funds must be expended exclusively for personnel, equipment, or programs that support front line law enforcement services, and may not be used to supplant any other. existing funding. City Agency: SEAL BEACH POLICE DEPARTMENT Contact Name and Phone # CHIEF JEFF KIRKPATRICK (562) 799-4100 x 123 Description: Fiscal Year 06/07 funds were expended on patrol rifles, training, ATVfor Beach Patrol, Ballistic helmets and overtime to complement Community Policin!:l Personnel Training and equipment, installation of traffic calmina sians. Dartial SalalV for SUDDort Services Manager. 8.~e\GamI: AppIicat\oaI'ISUlSF07-ON3 GIIIl.&peada1ma Pona FY05-07,doc e e e e SUPPLEMENTAL LAW ENFORCEMENT OVERSIGHT COMMITTEE DJIIIJJiI 2'1,- Certification of Supplemental Law Enforcement Services Fund Expenditures The attached Supplemental Law Enforcement Standardized Reporting Forms are to be completed and returned to the Orange County Supplemental Law Enforcement Oversight Committee as required by Government Code Sections 30061-30065. By signing below, signatories hereby certify that the information contained in the attached forms is accurate and that ail expenditures made from their entity's Supplemental Law Enforcement Services Fund during fisca1 year ending June 30, 2007 were made in accordance with the applicable Government Code sections. Except as otherwise allowed by law, Supplemental Law Enforcement Funds must be expended exclusively for personnel, equipment, or programs that support front line law enforcement services, and may not be used to supplant any other existing funding. Agency Name: SEAL BEACH POLICE DEPARTMENT Agency Chief: GffE~ City Manager: (If applicable) , o--/~ . DAVID CARMA~ County Auditor/ City Treasurer )L~~_..Q. i GREG B BIEN, ACTING S:\XimDUlDe\Grull. Appbcadaas\SLESJl\SLES]l' 07-08\11 Sipltare Form 07.QB.doc e e SUPPLEMENTAL LAW ENFORCEMENT OVERSIGHT COMMITTEE .,.21,- Expenditure Intent Form FY 2007/08 This form is to be completed and returned to the Oversight Committee by July 27, 2007. Describe all SLESF intended expenditures for FY07/08. This information will be reviewed and any questionable expenditures will be brought to your attention. Upon confirmation of your proposed expenditures, you are required to obtain City Council or Board of Supervisor approval using the attached purple form. C'ty A SEAL BEACH POLICE DEPARTMENT 1 gency: Contact Name and Phone #FHIEF JEFF KIRKPATRICK (562) 799-4100 x 123 e E-mail: ikirkoatrick@ci.seaJ-beach.ca.us Address: 911 Seal Beach Blvd., Seal Beach, CA 90740 Description: Provide funds for Community Policing overtime, Community Policing equipment, software & training and additional frontline equipment. IWAOC Member Agency Fees. = e S~App~L&SP'07.os\f4 ExpauUDlnbtaaFonnFY07-08.doc e e e Orange Ceunty ",." "" Suppl_tal Law EDfm _at Standanlized FIIl'DIS Ovenlght Committee SlIIIIIIIlU")' For the Fiscal Y..... EadelJune 30, 2007 CatqoIIoo 8s<lJ.- 'B~ IlqiuniDc Fund BIlWlco Pmry....Adju_ Pmr y....Jlncum1>IlmooRewnals _ "<&'.....g Fund BIlWlco J-03, 92.'1. 1ft lalo " RBVENIlES StIlle P1uJoIiaB _Rawsme 0IIIa-_. Tlll8l_.. 10 EXPENDlTIlIlI!S Sohuies8llll-. s.no...lIRli SuppUos I!qqipmoat AdmiDi_ve 0vedIad Tlll8l i!xpos1IIibua RovmtedMa..,. ENCUMBRANCES CarrentVar Sorvil:es 8lllI SuppUos I!qqipmoat Tatal1!oaudnDces. OImoolV.... Net~.inPandBsI..... 11. 02..?. ~"I . .1;/., J 1lS3. u.[ I!IIdiDc PumI BsI=:o STATISTICAL DATA P........... Swam 0Ifit:0n Cam:liaasl 0Ifit:0n -.... InV<8liptan Support StIllf Tlll8l-.... 7?O 13 <+3