CITY COUNCIL: Resolution Authorizing Allocation & Expenditure of California Citizens' Option for Public Safety (COPS) Grant Funds for Fiscal Year 2012-2013

Prepared by: Mike Calhoun
Meeting Date: October 4, 2011

City Council
Agenda Item Summary

Name: Consideration of a Resolution authorizing the allocation and expenditure of the California Citizens’ Option for Public Safety (COPS) grant funds for Fiscal Year 2012-2013.

Description: State Senate Bill (SB 76) provides the City of Carmel-by-the-Sea a $100,000 allocation in grant funds under a public safety grant known as the California Citizens’ Option for Public Safety (COPS).

Overall Cost:
FY 12-13
City Funds: $26,445 or less
Grant Funds: $100,000 (plus interest)

Staff Recommendation: Staff recommends adoption of the proposed Resolution.

Important Considerations: Adoption of the proposed Resolution would allow the funding of one police officer position to be assigned to front-line patrol.

Decision Record: Resolution 2010-71, authorizing the FY 2011-12 expenditure for COPS funds for a police officer position.

Reviewed by:

_________________________________ _____________________
John Goss, Interim City Administrator Date

CITY OF CARMEL-BY-THE-SEA
POLICE DEPARTMENT
STAFF REPORT
TO: MAYOR McCLOUD AND COUNCIL MEMBERS
THROUGH: JOHN GOSS, INTERIM CITY ADMINISTRATOR
FROM: MIKE CALHOUN, CHIEF OF POLICE
MEL MUKAI, SERGEANT
DATE: SEPTEMBER 21, 2011
SUBJECT: CONSIDERATION OF A RESOLUTION AUTHORIZING THE ALLOCATION AND EXPENDITURE OF THE CALIFORNIA’S CITIZENS’ OPTION FOR PUBLIC SAFETY (COPS) GRANT FUNDS FOR FISCAL YEAR 2012-2013
_____________________________________________________________________

RECOMMENDED MOTION:
Adopt the Resolution.

BACKGROUND:
The Citizens’ Options for Public Safety (COPS) Program was signed into law by Governor Gray Davis on July 6, 2000. The COPS program established a
"Supplemental Law Enforcement Special Fund (SLESF)”, which annually allocates entitlement grants to cities and counties to augment public safety. The grant amounts vary based on population. Historically, smaller communities such as Carmel-by-the-Sea receive a minimum fixed amount of $100,000.

COPS funds cannot be remitted until certain processes are completed as required by Government Code § 30061 – 30065. These statutes require the Chief of Police to propose a spending plan and submit it to City Council for review. The Council is required to hold a public hearing, allow for public comment, and adopt the spending plan by Resolution. After ratification by the City Council, the Resolution is forwarded to the County of Monterey Supplemental Law Enforcement Oversight Committee (SLEOC), which will review and certify that the spending plan complies with the above referenced Government code requirements. SLESF funds are restricted to front-line municipal police services and must supplement, not supplant current front-line law enforcement services. Funds must be encumbered or spent within the two-year grant cycle. Any unspent funds must be remanded back to the state via the county auditor’s office.

It is anticipated the State of California will again approve the Citizens’ Option for Public Safety (COPS) grant funds for FY 12-13. The State Legislature has not yet adopted the final budget, but it is probable that the minimum awards for smaller communities will remain at or very close to $100,000. It is possible that COPS funding levels for larger agencies will be reduced, due to the state’s fiscal crisis.

Many police departments use the grant funds to pay for additional sworn police personnel. For the past five years, Carmel-by-the-Sea has used most of its COPS grant funds to pay the salary and benefits of one police officer, with the residual funds used to pay for crime prevention strategies.

STAFF REVIEW:
Staff recommends the COPS grant funds be allocated to continue funding the salary and benefits of one full-time police officer for FY 2012-13 which is projected to be $126,446. Because this cost exceeds the grant allocation, the city must contribute local funds estimated to be $ 26,446 minus the accrued interest. Refer to Attachment “A” for summary of cost information.

The grant-funded police officer position supports the Department’s ability to maintain and schedule adequate patrol staffing levels and prevents an already excessive overtime budget from further increases.

FISCAL IMPACT:
Revenue up to $100,000 plus accrued interest. No match is required for receipt or expenditure of this grant, but City funds in the amount of $ 26,446 must be budgeted in FY 12-13 to ensure one police officer position is sufficiently funded. All grant proceeds, including interest, will be deposited with the City and will be expended in accordance to grant regulations.

SUMMARY:
Utilization of the grant funds will be a benefit to the community and Police Department by enhancing police operations. Approving this Resolution allows the Police Department to expend COPS grant funds in accordance with the requirements of the grant in order to achieve the highest commitment of service to the community.

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING THE ALLOCATION AND EXPENDITURE OF THE CALIFORNIA CITIZENS’ OPTION FOR PUBLIC SAFETY (COPS) GRANT FUNDS FOR FISCAL YEAR 2012-2013

WHEREAS, pursuant to Senate Bill (SB) 76, the City of Carmel-by-the-Sea will receive in FY 12-13 an allocation of $100,000 as a grant from the Citizen Option for Public Safety (COPS) from the State of California; and

WHEREAS, Senate Bill (SB 76) prohibits the County Auditor from transferring monies to a recipient agency until the County Supplemental Law Enforcement Oversight Committee (SLEOC) certifies receipt of an expenditure plan approved by the governing board of the agency pursuant to a public hearing; and

WHEREAS, the Carmel Police Department has recommended a program that
benefits front-line law enforcement and that the said program is outlined in Attachment “A,” which is hereby incorporated by reference into this Resolution; and

WHEREAS, the Monterey County SLEOC has the authority to review and
approved the proposed spending plan is in conformance to State Law; and

WHEREAS, public safety will be enhanced by the program.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES:

1. Declare that all Citizen’s Option for Public Safety (COPS) program funds will be expended exclusively to provide front line law enforcement services, to supplement existing services, and not be used to supplant any existing funding for law enforcement services provided by the City of Carmel-by-the-Sea.

2. Authorize the City of Carmel-by-the-Sea to accept FY 2012-13 COPS grant funds to be transferred to the City General Fund for Police Department expenditures as outlined in Attachment “A” to this Resolution. Grant funds are to be spent in accordance to Attachment “A” on or before June 30, 2013.

3. Declare that the Supplemental Law Enforcement Spending Plan for Carmel-by-the-Sea’s Police Department set forth in the recitals above is hereby
accepted and approved for submission to the Supplemental Law Enforcement
Oversight Committee.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 4th day of October, 2011 by the following roll call vote:

AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:

SIGNED:

______________________
SUE McCLOUD, MAYOR

ATTEST:

___________________
Heidi Burch, City Clerk

ATTACHMENT “A”
FY 12-13 COPS GRANT SPENDING PROGRAM

RECOMMENDED PROGRAMS
1) Continued funding of one (1) additional police officer position:
Continue to fund one (1) full-time police officer position to supplement FY 12-13 General Fund authorized positions. As has been the case in previous years, this will be a “contract” position, subject to the continuation of COPS grant funding.

Grant funds……………………. $ 100,000 plus interest
City funds not to exceed………. $ 26,446
Total project funds…………… $ 126,446*

*All funds must be spent by June 30, 2013.