HomeMy WebLinkAboutStaff Report 14943
City of Palo Alto (ID # 14943)
City Council Staff Report
Meeting Date: 12/5/2022 Report Type: Consent Calendar
City of Palo Alto Page 1
Title: Approval of the Acceptance of State of California Citizens Options for
Public Safety (COPS) Funds of $172,000 and a Budget Amendment in the
Supplemental Law Enforcement Services Fund (2/3 vote required)
From: City Manager
Lead Department: Police
RECOMMENDATION
Staff recommends that the City Council:
1. Approve the acceptance and expenditure of Citizens Options for Public Safety (COPS)
funds State of California, totaling $172,000; and
2. Amend the Fiscal Year 2023 Budget Appropriation Ordinance (requires 2/3 approval) for
the Supplemental Law Enforcement Services Fund (SLESF) by:
a. Increasing the estimate for revenue from the State of California by $172,000;
b. Increasing Police Department Facilities and Equipment expense appropriation by
$242,000;
c. Increasing Police Department Salary and Benefits expense appropriation by
$90,000;
d. Increasing the Police Department General Expenses expense appropriation by
$20,000; and
e. Decreasing the fund balance by $180,000
EXECUTIVE SUMMARY
Staff recommends that the City Council approve the acceptance of the annual State of
California COPS funds, totaling $172,000. An amendment to the budget appropriation
ordinance must be approved by two-thirds vote of the Council to spend these funds. In
addition, staff recommends an additional budget augmentation totaling $180,000 to Facilities
and Equipment. COPS Funds in the Supplemental Law Enforcement Services Fund (SLESF) will
fund equipment purchases, recruitment efforts, and supplement the Police overtime budget. A
portion of the fund balance will be used to purchase replacement Conductive Electrical
Weapons (CEW), commonly referred to by the trade name “Tasers”.
BACKGROUND
Every year since 1997, the State of California, by statute, allocates designated funds to counties,
and on through to cities, through a Citizens Options for Public Safety (COPS) program. This on-
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going program is managed by State statute and the level of funding is relative to the population
as determined by the California Department of Finance. It should be noted this funding is not
related to the Federal Government Department of Justice COPS program, despite 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 (30063);
and 2) the money shall be used for front line law enforcement services or municipal police
services (30061(c)(2)); and transfer to other funds is allowed provided it is to facilitate the use
according to the code (30063); and 4) the funds shall not supplant the city budget (30062(a)).
Previous uses of COPS funds have included restarting the Community Service Officer (CSO)
program, electronic traffic citation system, weapons system upgrades, safety equipment, police
training, staff wellness testing, 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 conversations with State staff, the source of funding is from 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: 1) a semi-permanent component based on a minimum funding
level for the program, paid monthly and 2) a growth component for funds (referred to as
Growth Fund) in excess of the minimum base paid one-time the following year after
reconciliation.
DISCUSSION
The City recently received the annual notice1 for the first part of the distribution for Fiscal Year
2023 for $104,211. Further, the Growth Fund portion was funded and reported online2 to
indicate there is an additional $67,652 in funding allocated for Palo Alto – for a total of
$171,863.
Staff recommends use of this year’s expected COPS funds in the total amount of $172,000,
along with a portion of the fund balance ($180,000) in the following manner(s) which are
compliant with the law. With the exception of CEW, all expenses below are estimated.
Supplemental Recruiting Activities for Front Line Officers
($90,000 Salary and Benefits and $20,000 Recruiting) – Palo Alto does not traditionally budget
for recruiting activities. The activity is funded by other means such as salary savings, Budget
Stabilization Reserve or, in this case, from the COPS funding. The team responsible for
recruiting front line police officers is not funded in the budget. Regular FTE staff will attend
recruiting events on overtime. This will also fund the travel and lodging required to attend
recruiting events to attract and hire front-line law enforcement staff.
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Facilities and Equipment for Front Line Officers
Ballistic Shields ($30,000) - Special shields designed to add an additional layer of protection in
the field for situations where high-velocity rounds can be anticipated to be fired upon police
officers and in some cases the public as with evacuations from active shooter scenes.
Body Armor for SWAT operators ($32,000) – Three additional sets of specialized body-armor
differentiated from standard “every-day” body armor used in the field. This body armor is
designed to provide freedom of movement and a higher level of protection from high velocity
firearm rounds.
CEW ($180,000) - the Department will use some of the existing fund balance to acquire updated
Conductive Electrical Weapons (CEW), commonly referred to by the trade name “Tasers”. City
practice, since adoption of the technology in the 2000’s, has been to replace the complete
inventory of devices every 5-7 years. The last replacement cycle occurred in 2014 for $210,000.
Current replacement has not been budgeted and improved technology is now available and
expected to cost $180,000. For City Council and community awareness, Attachment A provides
an overview of CEW policy and use.
RESOURCE IMPACT
The City has received funds each year under this program since its inception. No further action
is required, beyond Council’s approval, to accept the funds. Revenues of $172,000 are
recommended to be recognized in the City's Supplemental Law Enforcement Services Fund
(SLESF).
A total of $352,000 of expenditures are anticipated as described previously in the
memorandum, which will be funded by the COPS grant funding appropriated in Fiscal Year 2023
($172,000) and fund balance ($180,000). There will be no impact to the General Fund as
ongoing maintenance costs, if any, for the items purchased by the SLESF will be absorbed in the
Department's existing budget, otherwise, the activities will stop when the SLESF funds are spent
in full.
POLICY IMPLICATIONS
The 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
SLESF 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.
STAKEHOLDER ENGAGEMENT
None
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ENVIRONMENTAL REVIEW
Acceptance of COPS funding and the proposed expenditures for public safety equipment are
not projects subject to CEQA review.
Attachment
Attachment A: a brief on the City of Palo Alto CEW program
Footnotes
1 https://www.sco.ca.gov/Files-ARD-Payments/copsdofletter_2223.pdf
2 https://www.sco.ca.gov/ard_payments_cops_growth.html
Attachments:
• Attachment A
ATTACHMENT A – ITEM #7
MEETING DATE: DECEMBER 5, 2022
TO: HONORABLE COUNCIL MEMBERS
FROM: ANDREW BINDER, CHIEF OF POLICE
SUBJECT: AGENDA ITEM NUMBER 7 - Approval of the Acceptance of State of
California Citizens Options for Public Safety (COPS) Funds of $172,000
and a Budget Amendment in the Supplemental Law Enforcement Services
Fund
The following provides background on the City of Palo Alto policy and use of the Conductive
Electronic Weapon (CEW) often referred to by the brand name “TASER”. The City Council
approved equipping the Police Department with CEWs in 2007, following a Council-appointed
TASER Task Force voting to recommend the acquisition following a series of public meetings and
information presented by a diverse cross-section of experts and input from community
members. Since then, every uniformed police officer in Palo Alto has routinely carried a
CEW. The CEW is a valuable tool that gives officers a less-than-lethal force option that is intended
to deter or control a violent or potentially violent individual while minimizing the risk of serious
injury to both officers and criminal suspects. While officers have, fortunately, rarely needed to
deploy CEWs at suspects over the past 15 years, CEWs provide an important always-available
option. CEWs provide officers with an alternative to deadly force in some situations. The mere
presence of the weapon can lead to compliance by suspects. CEWs also provide officers with an
alternative to using physical strength, a baton, or pepper spray against violent individuals,
situations that can often result in injuries to officers and suspects.
There are several existing checks and balances in place to ensure that any use of CEWs is
reasonable and appropriate:
• The Department has a detailed six-page policy (publicly viewable here1 (Policy 309, page 82)
that confines their use to very limited circumstances. That policy provides specific, strict
guidelines on targeting considerations and also requires officers to summon medical care for
anyone to whom a CEW has been applied.
• Next, the Department regularly provides CEW training to all officers on an annual
basis. These sessions include a policy review and also scenario-based training, which includes
elements of de-escalation and other alternatives to the deployment of a CEW.
• Additionally, every deployment of a CEW is subjected to an administrative use of force
review, resulting in a written report that is ultimately forwarded to the Department’s
Independent Police Auditor (IPA). The IPA reviews this administrative report and any
associated police reports and evidence, and then generates its own report, which includes
recommendations to the Chief of Police regarding further investigation, processes, and
dispositions. The IPA’s report is provided to the City Council twice yearly, and is published as
a public document on the Department’s website. Every CEW deployment in the
Department’s history has been subjected to this level of review, and every IPA report dating
back to 2007 is publicly viewable here2.
The existing CEWs in the Department’s possession are outdated and do not have the most
currently-available technology. Using COPS funding to acquire the newest CEWs will equip police
officers with the tools needed to do the job safely while protecting the community from violent
or potentially violent individuals, as an eligible use of restricted grant funds.
Footnotes:
1 https://www.cityofpaloalto.org/files/assets/public/police-department/public-information-
portal/policy-manual-for-web-11-1-2022.pdf
2 https://www.cityofpaloalto.org/Departments/Police/Accountability/Independent-
Police-Auditor