At the City Council meeting of September 28 1999 (see Attachment A - RTC 99-418), Council approved appropriation of the full amount of Supplemental Law Enforcement Services (SLES) funding available in FY 1999/2000 from the state legislature (estimated to be $295,117). At that time it was indicated that 1) federal funding was not yet available through the Bureau of Justice Assistance Local Law Enforcement Block Grant program, and 2) once the federal award was available staff would propose an alternative use for SLES and LLEBG funding to better reflect the staffing needs of Public Safety. This alternative use of funding would require the expense of additional SLES/LLEBG reserve monies.

The Federal Bureau of Justice Assistance is now making available an additional $52,915 to Sunnyvale through its Local Law Enforcement Block Grants program to reduce crime and improve public safety. Sunnyvale's share, approximately $5,900, is provided by the City in matching funds. Staff recommends Council approve Alternatives 1 and 2.

Alternative 1. Appropriation of the full amount available from the Federal Bureau of Justice Assistance (BJA) LLEBG (estimated to be $52,915) to the LLEBG Sub-Fund (as well as the transfer of matching funds ($5,900) to the LLEBG Sub-Fund). The grant and matching funds were included in the Council-approved FY 1999/2000 Resource Allocation Plan.

Alternative 2. Approve the redirection of SLES and LLEBG funding.

In September, 1996, Council approved the establishment of the Police Services Augmentation Fund, the Supplemental Law Enforcement Services Sub-Fund, and the Local Law Enforcement Block Grant Sub-Fund. Council also approved Budget Modification No. 9 which included the appropriation of the full amount available from AB 3229 ($293,461) into the City’s Supplemental Law Enforcement Sub-Fund and the appropriation of the full amount available from the BJA Block Grant into the City’s Local law Enforcement Block Grant Sub-Fund as well as the transfer of matching funds ($7,103) for the BJA Block Grant into the City’s Local Law Enforcement Block Grant Sub-Fund. (see Attachment B).

In July 1999, the State appropriated $100 million statewide to continue supplemental police funding. The funds are to be distributed as follows: 12.5% to the County Sheriff for jail construction and operation; 12.5% to the District Attorney for criminal prosecution; and 75% to the county and cities within each county based on population. Sunnyvale's share is estimated to be $295,117 for FY 1999/2000.

An additional $52,915 in funding is also available through the federal Local Law Enforcement Block Grant Program. This portion of funding is available via the Omnibus FY 1996 Appropriations Act (Public Law 104-134). The intent of funding is to assist localities in reducing crime and improving public safety.

It is requested that these funds be used in part to support the Public Safety Department's reorganization plan approved by the City Manager in September 1999. Staff believes redirection of funding will allow Public Safety to provide a higher level of service to the public.

Subsequent to the retirement of the Public Safety Director Regan Williams and the elimination of the three Commander positions, the first part of a reorganization proposal was approved by the City Manager that included creation of the Bureau of Professional Standards. This new functional unit includes full-time support for Internal Affairs (IA) investigations through the creation of two Lieutenant positions. Previously, several supervising Investigations Lieutenants, none of whom could dedicate a significant portion of their time to completing IA reports, conducted IA investigations. As a result, a significant backlog occurred. It is believed that dedicating two supervisory personnel to IA investigations on a full-time basis will provide a higher level of service to the public by:

• Allowing for timely completion of investigations;
• Facilitating the elimination of backlogged reports; and
• Increasing direct contact between Public Safety and members of the public.

As required by law, the LLEBG Advisory Board met on November 9, 1999 to discuss and make recommendations for programs to receive the federal grant distribution of $52,915 for FY 1999/2000. The Board consisted of: Harry Bettencourt, Fremont Union High School District, Judge Rise Jones Pischon, Santa Clara County Municipal Court, and Denise Raabe, Santa Clara County Deputy District Attorney. Sunnyvale Public Safety observers included Captains Eaneff, Pigott and Sanfilippo, and Administrative Assistant Gonda.

The Advisory Board unanimously recommended the proposal contained herein.

The Director of Public Safety has reviewed the Police Services Outcomes and, as required by law, makes the following requests for the use of the SLES supplemental funding:

1. The continuation of funding for a full time Patrol Watch Commander from the SLES Sub-Fund to provide a command officer presence in Patrol Operations beyond weekdays from 8 A.M. to 5 P.M. This provides better customer service in response to citizen inquiries at all times of the day and night, and provides command level coordination and support for officers and first line supervisors at major incidents. It also provides for the mentoring and development of first line supervisors, allowing those supervisors more time to train, supervise and coordinate their officers.
2. The provision of continued funding for the 2 full time Internal Affairs Investigators from the SLES Sub-Fund.
3. The provision of partial salary and overtime support for the Internal Affairs Investigators from the LLEBG Sub-Fund.

This proposal signifies an on-going change in programming from current SLES/LLEBG funding levels such that reserve monies will be needed to cover the difference in cost. For FY 1999/2000, an additional $52,429 will be needed from the SLES/LLEBG fund balance. Additional reserves needed in future years will likely increase to coincide with annual salary increases.

The BJA Block Grant requires matching City funds in the amount of $5,900 and it is recommended those funds be allocated from the General Fund. This allocation was included in the Council-approved FY 1999/2000 Resource Allocation Plan, hence there is no fiscal impact to the General Fund.

Please note that these requested services are dependent upon funds being appropriated each year by the state and federal governments. Any decrease in these revenues would result in a proportionate decrease in services and expenditures.

Failure to approve appropriations for supplemental law enforcement services within sixty days of this public hearing will result in the City being ineligible to receive the state funds. In addition, this proposal must be delivered to the SLES Oversight Committee by December 10, 1999 for review prior to their December 21^st meeting.

Posting of the Council Agenda. Reports to Council are also available at the City Library and the City’s website.

Approve Budget Modification No. 18 as follows:

1. Appropriate the full amount available from LLEBG into the City’s LLEBG Sub-Fund.

or

3. Direct staff to conduct further study.

Staff recommends Alternatives 1 and 2, appropriation of the full amount available from LLEBG into the LLEBG Sub-Fund and approve the redirection of SLES and LLEBG funding.

Prepared by:

Peter Gonda,
Administrative Assistant
Police Services Division

Reviewed by:

Steve Pigott, Captain
Department of Public Safety

Reviewed by:

Kirk Sanfilippo, Captain
Department of Public Safety

Reviewed by:

Irwin Bakin
Director of Public Safety

Reviewed by:

Mary J. Bradley, Director
Department of Finance

Approved by:

Robert S. LaSala
City Manager

A. Report to Council 99-418
B. Report to Council 96-378