HomeMy WebLinkAbout01 SUPP LAW ENF SVC FD 11-15-04
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AGENDA REPORT
Agenda Item 1
-
Reviewed: æ:
City Manager
Finance Director
MEETING DATE: NOVEMBER 15, 2004
FROM:
WilLIAM A. HUSTON, CITY MANAGER
JOSEPH P. GARCIA, INTERIM POLICE CHIEF
TO:
SUBJECT:
SUPPLEMENTAL
(SlESF)
lAW
ENFORCEMENT
SERVICES
FUND
SUMMARY:
In 1996, AB 3229 established the Citizen's Option for Public Safety (COPS) grant
program. Proceeds from the program can only be used for front line law enforcement
services that may include the purchase of new equipment, hiring of additional personnel
and increasing the opportunity for training of safety personnel. Ever increasing
demands for service and technology advancements require specialized training and
equipment in order to effectively manage the public's service needs. We are proposing
that $69,765.00 of this year's allocation of AB 3229 proceeds totaling $107,330.00, be
utilized to purchase new digital In-Unit Camera Systems. The remaining funds,
$37,565.00, would be used to partially fund the City's Gang Unit, also assigned to the
Police Department. The bill requires both a public hearing and a special fund for these
monies.
RECOMMENDATION:
1.
Open and close a Public Hearing.
2.
Authorize usage of the funds as recommended by the Police Department.
FISCAL IMPACT:
$107,330.00 in Grant fund expenditures. The entire account balance will be expended.
BACKGROUND:
Since the inception, the COPS/SlESl grant programs have been used to partially fund
our Gang Unit and anti-crime prevention programs. We recommend that this partial
allocation of funds continue. Additionally, this expenditure will satisfy one of the grant's
conditions, that 35% of the allocation be spent on this specific detail. Secondly, with the
rapid increase in video and digital technology, changes in police unit manufacturing and
William A. Huston, City Manager
Supplemental Law Enforcement Services Fund (SLESF)
November 15, 2004
Page two
the need to more effectively address risk management, we recommend that the
remaining $69,765.00 of the allocation be used towards purchasing and upgrading the
mobile camera systems in our marked police vehicles. This expenditure will satisfy a
remaining requirement of the grant, 65% must be used to purchase front line police
department equipment.
As required, the Public Hearing Notice was published and is attached for reference.
~.e~~. .
JOSEPH P. GARCIA
Interim Chief of Police
MB:pf
GOVERNMENT CODE
SECTION 30061-30065
(as of 07/01/04)
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.
(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 SLESF, including any interest or
other return earned on the investrnent of those moneys, within 30 days of the deposit of those
moneys into the fund, and shall allocate those moneys in accordance with the requirements set forth
in this subdivision. However, the auditor shall not transfer those moneys to a recipient agency until
the Supplemental Law Enforcement Oversight Committee certifies receipt of an approved expenditure
plan from the governing board of that agency.
(1) Five and fifteen one-hundredths percent (5.15%) to the county sherffffor county jail construction and operation. In the case of Madera. Napa, and
Santa Clara Counties. this allocation shall be made to the county director or chief of corrections.
(2) Five and fifteen one hundredths percent (5.15%) to the district attorney for criminal prosecution.
(3) Thirty-nine and seven-tenths percent (39.7%) to the county and the cities within the county, and, in
the case of San Mateo, Kem, Siskiyou, and Contra Costa Counties, also to the Broadmoor Police Protection District, the Bear Valley Community
Services District, the Stallion Springs Community Services District. the Lake Shastina Community Services District, and the Kensington Police Protection
and Community Services District. in accordance with the relative population of the cnies within the county and the unincorporated area of the county, and
the Broadmoor Police Protection District in the County of San Mateo, the Bear Valley Community Services District and the Stallion Springs Community
Services District in Kern County, the Lake Shastina Community Services District in Siskiyou County, and the Kensington Police Protection and
Community Services District in Contra Costa County, as specified in the most recent January estimate by the population research unft of the Department
of Finance, and as adjusted to provide a grant of at least one hundred thousand dollars ($100,000) to each law enforcement jurisdiction. For a
newly incorporated city whose population estimate is not published by the Department of Finance but
which was incorporated prior to July 1 of the fiscal year in which an allocation from the SLESF is to be
made, the city manager, or an appointee of the legislative body, if a city manager is not available, and
the county administrative or executive officer shall prepare a joint notification to the Department of
Finance and the county auditor with a population estimate reduction of the unincorporated area of the
county equal to the population of the newly incorporated city by July 15, or within 15 days after the
Budget Act is enacted, of the fiscal year in which an allocation from the SLESF is to be made. No person
residing within the Broadmoor Police Protection District, the Bear Valley Communny Services District, the Stallion Springs Community Services District,
the Lake Shastina Community Services District, or the Kensington PoliceProtection and Community Services District shall also be counted asresiding
within the unincorporated area of the County of San Mateo, Kem. Siskiyou, or Contra Costa, or within any city located within those counties. The
county auditor shall allocate a grant Df at least one hundred thousand dollars ($100,000) to each law
enforcement jurisdiction. 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.
(4) Fifty percent (50%) to the county or city and county to implement a comprehensive mutti agency juvenile justice plan as provided in this paragraph
and to the Board of Corrections for administrative purposes. Funding for the Board of Corrections, as determined by the Department of Finance, shall
not exceed two hundred seventy-five thousand dollars ($275,000). For the 2003-04 rosesl year. of the two hundred seventy-five thousand dollars
($275,000), up to one hundred seventy-six thousand dollars ($176,000) may be used for juvenile facility inspections. The juvenile justice plan shall be
developed by the local juvenile justice coordinating council in each county and city and county with the membership described in Section 749.22 ofthe
Welfare and Instnutions Code. If a plan has been previously approved by the Board of Corrections, the plan shall be reviewed and modified annually by
the council. The plan or modified plan shall be approved by the county board of supervisors, and in the case of a city and county, the plan shall also be
approved by the mayor. The plan or modified plan shall be submitted to the Board of Corrections by May 1, 2002, and annually thereafter.
(A) Juvenile justice plans shall include, but not be limfted to, all of the following components:
(i) An assessment of existing law enforcement, probation. education, mental heatth, heatth, social services, drug and alcohol and youth services
resources that specifically target at-risk juveniles, juvenile offenders, and their families.
(ii) An identification and prioritization of the neighborhoods, schools, and other areas in the community that face a significant public safety risk from
juvenile crime, such as gang activity, daylight burgiary, late-night robbery, vandalism, truancy, controlled substances sales, firearm-related violence, and
juvenile substance abuse and alcohol use.
OiQ A local juvenile justice action strategy that provides for a continuum of responses to juvenile crime and delinquency and demonstrates a
collaborative and integrated approach for implementing a system of swift, certain. and graduated responses for at-risk youth and juvenile offenders.
(iv) Programs identified in clause (iii) that are proposed to be funded pursuant to this subparagraph, including the projected amount of funding for each
program.
(B) Programs proposed to be funded shall satisfy all of the following requirements:
(Q Be based on programs and approaches that have been demonstrated to be effective in reducing delinquency and addressing juvenile crime for any
elements of response to juvenile crime and delinquency, inciuding prevention, intervention, suppression, and incapacitation.
(iQ Collaborate and integrate services of all the resources set forth in clause (i) of subparagraph (A), to the extent appropriate.
OiQ Employ information sharing systems to ensure that county actions are fully coordinated. and designed to provide data for measuring the success of
juvenile justice programs and strategies.
(iv) Adopt goals related to the outcome measures that shall be used to determine the effectiveness of the local juvenile justice action strategy.
(C) The plan shall also identify the specific objectives of the programs proposed for funding and specified outcome measures to determine the
effectiveness of the programs and an accounting for all program participants, including those who do not complete the programs. Outcome measures of
the programs proposed to be funded
shall inciude, but not be limfted to, all of the following:
0) The rate of juvenile arrests per 100,000 population.
(iQ The rate of successful completion of probation.
(iii) The rate of successful completion of restitution and court-ordered community service responsibilfties.
(iv) Arrest, incarceration, and probation violation rates of program participants.
(v) Quantification of the annual per capita costs of the program.
(D) The Board of Corrections shall review plans or modified plans submitted pursuant to this paragraph within 30 days upon receipt of submitted or
resubmitted plans or modified plans. The board shall approve only those plans or modified plans that fulfill the requirements of this paragraph, and shall
advise a submitting county or city and county immediately upon the approval of ita plan or modifoed plan. The board shall offer, and provide if requested,
technical assistance to any county or city and county that submits a plan or modified plan not in compliance with the requirements of this
paragraph. The SLESF shall only allocate funding pursuant to this paragraph upon notirlCStion from the board that a plan or modified plan has been
approved.
(E) To assess the effectiveness of programs funded pursuant to this para9raph using the program outcome criteria specifoed in subparagraph (C), the
following periodic reports shall be submitted:
(Q Each county or city and county shall report, beginning October 15, 2002, and annually each October 15 thereafter, to the county board of
supervisors and the Board of Corrections. in a format specified by the Board of Corrections, on the programs funded pursuant to this chapter and
program outcomes as specified in subparagraph (C).
. (ii) The Board of Corrections shall compile the local reports and, by March 15,2003. and annually thereafter, make a report to the Govemor and the
Legislature on program expendftures within each county and city and county from the appropriation for the purposes of this paragraph, on the outcomes
as specified in subparagraph (C) of the programs funded pursuant to this paragraph and the statewide effectiveness of the comprehensive muiliagency
juvenile justice plans.
(C) Subject to subdivision (d), for each fiscal year in which the county, each city, the Broadmoor Police
Protection District, the Bear Valley Communfty Services District, the Stallion Springs Community Services District, the Lake Shastina Community
Services District, and the Kensington Police Protection and Community Services Distrid receive moneys pursuant to paragraph (3)
of subdivision (b), the county, each city, and each district specified in this subdivision 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 frontline law enforcement services, other than those
services specified in paragraphs (1) and (2) of subdivision (b), in the unincorporated areas of the
cDunty, 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 frontline 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 at a time determined
by the board in ea<:h year that the Legislature appropriates funds for purposes of this chapter,
or within 30 days after a request by a recipient agency for a hearing if the funds have been
received by the county from the state prior to that request, consider and determine 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 frontline 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 Broadmoor Police Protedion District within the County of San Mateo, the Bear Valley Community Services District or the
Stallion Springs Community Services District within Kem County. the Lake Shastina Community Services District within Siskiyou County. or the
Kensington Police Protection and Community Services District within Contra Costa County, the legislative body of that special district shall appropriate
existing and anticipated moneys exclusively to fund fronlline municipal police services, in accordance with written 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
2
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 Broadmoor Police Protection District within the County of San Mateo, the Bear Valley
Community Services District or the Stallion Springs Community Services District within Kern County, the lake Shastina Community Services District
wijhin Siskiyou County, or the Kensington Police Protection and Community Services District within Contra Costa County receives any moneys pursuant
to this chapter, in no event shall the goveming 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).
(e) Funds received pursuant to subdivision (b) shall be expended or encumbered In accordance with this chapter no later than June 30 of
the following ffscal year. A local agency that has not met this requirement shall remit unspent SLESF moneys to the Controller for depooslt
into the General Fund.
(f) If a county, a city, a city and county, or a qualifying special district does not comply with the
requirements of this chapter to receive an SLESF allocation, the Controller shall revert those funds to
the General Fund.
30062. (a) Except as required by paragraphs (1), (2), and (4) of subdivision (b) of Section
30061, moneys allocated from a Supplemental Law Enforcement Services Fund (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. Moneys allocated pursuant to
paragraph (4) of subdivision (b) of Section 30061 shall be used to supplement and not supplant
funding by local agencies for existing services.
(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 the county's SLESF be expended by a recipient
agency to fund any 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.
(3) The costs of any capital project or construction project funded from moneys allocated pursuant
to paragraph (4) of subdivision (b) of Section 30061.
(d) For purposes of subdivision (c), both of the following shall apply:
(1) A "recipient agency" or "recipient entity" is that entity that actually incurs the expenditures of
SLESF funds allocated pursuant to paragraph (1), (2), (3), or (4) of subdivision (b) of Section 30061.
(2) Administrative overhead costs shall only be charged by the recipient entity, as defined in
paragraph (1), up to 0.5 percent of its SLESF allocation.
(e) For purposes of this chapter, "front line law enforcement services" and "front line municipal
police services" each include antigang, community crime prevention, and juvenile justice programs.
30063. (a) The Supplemental Law Enforcement Services Fund (SLESF) in each county Dr city is to
be expended exclusively as required by this chapter. Moneys in that fund shall 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 an 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
treasurer 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) Each year, at least 30 days prior tD the date of the duly noticed public hearing required pursuant
3
to paragraph (1) of subdivision (c) of Section 30061, the county auditor and city treasurer shall detail
and summarize allocations from the county's or city's SLESF, as applicable, in a written, public report
filed with the Supplemental Law Enforcement Oversight Committee (SLEOC), the county board of
supervisors, or the city council, as applicable, for the entirety of the immediately preceding fiscal year,
and the county sheriff or police chief, as applicable.
(d) A summary of the annual reports required in subdivision (c) shall be submitted in a standardized
format to be developed by the Controller, in conjunction with the California District Attorney's
Association, California Poli.ce Chiefs Association, California State Sheriffs Association, California
Peace Officer's Association, California County Auditor's Association, and California Municipal
Treasurer's Association, by each SLEOC to the Controller on or before October 15, 2001, and each
year thereafter. The Controller shall make a copy of the summarized reports available to the
Governor, the Legislature, and the Legislative Analyst's office.
(e) By March 1 of each year, the Legislative Analyst's office shall report to the Legislature on the
types of expenditures made by .local law enforcement agencies in the previous fiscal year pursuant to
this chapter, and, to the extent feasible, on the effects of those expenditures on law enforcement and
public safety.
(f) A county, a city, or a city and county that fails to submit the data required pursuant to subdivision
(d) of this section or to report as required pursuant to clause (i) of subparagraph (E) of paragraph (4)
of subdivision (b) of Section 30061 shall not continue to expend funds allocated pursuant to
subdivision (b) of Section 30061 or interest earned pursuant to subdivision (b) of this section until that
data and that report are submitted as required by this chapter.
(g) Notwithstanding subdivision (f), if the SLEOC fails to transmit the data to the Controller required
pursuant to subdivision (d), the local law enforcement agency may submit its expenditure data directly
to the Controller no later than 15 days after the date
specified in subdivision (d). If the local law enforcement agency has complied with other
requirements in this chapter, it may continue to expend funds allocated and interest earned pursuant
to this chapter.
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.
(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 SLEOC. 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 this paragraph, 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 cDnstrued to affect in any manner the public safety service
allocations required by Chapter 6.5 (commencing with Section 30051).
4
.
.
.
SUPPLEMENTAL LAW
ENFORCEMENT OVERSIGHT COMMITTEE
Certification of Supplemental Law Enforcement Services Fund
Expenditures
The attached Supplemental Law Enforcement Standardized Reporting Fonns
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 foTITIS is accurate and that all
expenditures made from their entity's Supplemental Law Enforcement
Services Fund during fiscal year ending June 30, 2004 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:
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Agency Chief:
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City Manager:
(Ifapplicable)
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AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) ss.
CountyofOrnnge )
1 am a citizen of the United States and a resident
of the County aforesaid; 1 am over the age of
eighteen years, and not a party to or interested
in the above entitled matter. 1 am the principal
clerk of The Tustin News, a newspaper that
has been adjudged to be a newspaper of general
circulation by the Superior Court of the County
of Orange, State of California, on August 24,
1928, Case No. A-601 in and for the City of
Tustin, County of Orange, State of California;
that the notice, of which the annexed is a true
printed copy, has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates, to
wit:
October 28, 2004
"1 certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Date: October 28,2004
The Tustin News
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-7000 ex!. 2209
PROOF OF PUBLICATION
RECEIVED
Nav - 3 2004
Proof of Publication or
BY CITY CLERK'S OFFICE