CC 11-07-23 Item No. 8 Law Enforcement Contract_Written CommunicationsCC 11-7-2023
Written Communications
Item #8
Law Enforcement
Contract Extension with
the County of Santa
Clara Sheriff's Office
From:Kitty Moore
To:City Clerk; Kirsten Squarcia
Subject:CC Nov 7 Written Communications Item 8
Date:Tuesday, November 7, 2023 3:59:31 PM
Attachments:C - Sheriff Amended FY19 Ex A Proposed Costs (redlined).pdf
A - Sheriff - Donation Agreement (1).pdf
11 Law Enforcement.pdf
Dear City Clerk,
Please pull agenda Item 8 from consent and include this email and attachments for written
communications on the item.
I am trying to understand the updated Law Enforcement contract item.
Apple apparently makes donations to the City of Cupertino since 2018 for the following:
Enhanced law enforcement services for the C5 beat that encompasses Apple Park,
equivalent to two Santa Clara County deputies with patrol vehicles. These services shall be
provided from October 1, 2018 through June 30, 2019. Annually, Apple intends to make a
similar donation to support two deputies based on established rates.
The donation shows up as unspecified revenue in the Law Enforcement budget unit 100-20-200.
That unspecified revenue is now $1,462,646. How much does Apple currently ‘donate’ to the city for
sheriffs?
The 2014 contract and amendment to that contract in 2019 (attached) do not include this provision
which implies that the City is accepting the ‘donation’ from Apple and then verbally informs the
Sheriffs that they are to assign the 2 deputies to Beat C5. Is this correct?
It would be more transparent if the Budget states what the unspecified revenue is for and that Apple
contracts directly with the Santa Clara County Sheriff for the two deputies.
Lastly, does the City cover the cost of the lease for the Sheriffs?
Thank you,
Kitty Moore
Kitty Moore
Councilmember
City Council
KMoore@cupertino.gov
(408) 777-1389
EXHIBIT A
PROPOSED COSTS
FISCAL YEAR 2018‐2019
LOS ALTOS UNINCORP.
RATES CUPERTINO HILLS SARATOGA CITIES
GENERAL LAW ENFORCEMENT
Proposed Hours ‐ Activity
Proposed Hours ‐ Patrol
Total Hours 38,248.0 5,421.0 20,060.0 14,696.0
Capped Rates/Costs FY 2018‐2019 @ $205.13 $7,845,709 $1,111,995 $4,114,854 $3,014,551
TRAFFIC ENFORCEMENT ‐ DAYS:
Proposed Hours 9,015.0 1,859.5 4,195.4 0.0
Capped Rates/Costs FY 2018‐2019 @ $200.93 $8,640 $842,960 $0
Motor @ $199.89 $1,801,977 $363,094
TRAFFIC ENFORCEMENT ‐ NIGHTS:
Proposed Hours 0.0 0.0 0.0 0.0
Capped Rates/Costs FY 2018‐2019 @ $207.31 $0 $0 $0
Motor @ $206.27 $0
INVESTIGATIVE HOURS:
Proposed Hours 7,200.0 600.0 2,400.0 0.0
Capped Rates/Costs FY 2018‐2019 @ $202.48 $1,457,856 $121,488 $485,952 $0
FY19 Contract Cities_Proposed Costs add 2 FTE 08‐15‐2018 A ‐ 36 DSA=3%
EXHIBIT A
PROPOSED COSTS
FISCAL YEAR 2018‐2019
LOS ALTOS UNINCORP.
RATES CUPERTINO HILLS SARATOGA CITIES
RESERVES ACTIVITY HOURS:
Proposed Hours 1,650.0 22.0 340.0 0.0
Capped Rates/Costs FY 2018‐2019 @ $56.00 $92,403 $1,232 $19,041 $0
OPERATING COSTS OF WEST VALLEY SUBSTATION:
Proj Hours FY 2018‐2019 47,263 7,281 24,255 14,696
93,495
Percentage 50.5514% 7.7876% 25.9426% 15.7185%
Proj Costs July 2018 ‐ Nov 2018 @ $448,510 yr $94,470 $14,553 $48,481 $29,375
Proj Costs Dec 2018 ‐ Jun 2019 @ $458,974 yr $135,344 $20,850 $69,457 $42,084
Total Proj Costs of Substation = $454,614 $229,814 $35,403 $117,938 $71,459
SUBTOTAL COSTS:
Proj Costs FY 2018‐2019 $11,427,759 1,641,852 $5,580,745 $3,086,010
PROJECTED SPECIAL SERVICES
Projected Hours FY 2018‐2019 1,816.5000
Cupertino Traffic Sergeant $247,233 $0 $0 $0
Saratoga School Resource Officer $0 $0 $100,000 $0
SCHOOLS RESOURCE OFFICER
Capped Rates/Costs FY 2018‐2019 @ $172.09 $500,162 $0 $0 $0
(1 SRO @ 85% and 1 SRO @ 75%)
TOTAL SHERIFF LAW ENFORCEMENT COSTS
$12,175,154 $1,641,852 $5,680,745 $3,086,010
$12,199,580 $1,642,408 $5,689,948 $0
($24,426)($556)($9,203)$0
$12,175,154 $1,552,603 $5,680,745 $0
89,249
$12,175,154 $1,641,852 $5,680,745 $0
$558,979
Proposed Capped Rates/Costs FY 2018‐2019
TOTAL CAPPED COSTS 2018‐2019
Proj Costs Capped @ 5.128% (CPI+2%) Increase
AMOUNTS OVER/(BELOW) CAP OF 5.128%
Supplemental Information:
Current Level of Services
Added Services in FY19
Added Services effective October 1st 2018:
2 General Law Enforcement Deputies for 2,725 hrs
Proposed Capped Rates/Costs FY 2018‐2019 $12,734,133
FY19 Contract Cities_Proposed Costs add 2 FTE 08‐15‐2018 A ‐ 37 DSA=3%
City of Cupertino
Standard Donation Form
The City of Cupertino acknowledges and thanks individuals arid institutions who wish to donate
funds, goods/property, and their voluntary time to help the City achieve its public goals and
objectives for the betterment of the community. This Donation Form is intended to memorialize
the understanding between the City and the Donor. The undersigned Donor wishes to make a
donation to the City of Cupertino as described in more detail below.
The Donor is ( check and complete all that apply): l ,/ I Donating $ 558m9 in a lump sum.
D Donating$ __________ in----------(monthly, quarterly,
etc.) contributions of$ ___________ in ____ installments.
D Donating the following ( describe products, services, investment securities, real property,
etc.) valued at$ __________ _
Donor wishes to have this donation used as follows (check one): [_J For a general purpose consistent with the City's adopted goals and objectives, based on
the City's discretion.
By the-----------(Department/Division) for a general purpose at
their discretion. l.�J By the· Law Enforcement Division
specific purposes:
(City/Department/Division) for the following
Enhanced law enforcement services for the CS beat that encompasses Apple Park,
equivalent to two Santa Clara County deputies with patrol vehicles. These services shall be
provided from October 1, 2018 through June 30, 2019. Annually, Apple intends to make a
similar donation to support two deputies based on established rates.
Except as provided above, the City may use the donation in any manner at its sole discretion and
the Donor has no right or obligation to control the City's use of the donation.
Donor understands that the City will endeavor to meet the use conditions of restricted donations,
in accordance with the wishes of the donor. If, however, the City is unable to meet the Donor's
restrictions, the City will make reasonable attempts to contact the Donor or the representative
identified by Donor in the Form/Agreement to discuss alternative uses or to return the Donation.
Law Enforcement
FY 2023-24 Adopted Budget Law Enforcement 283
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FY 2023-24 Adopted Budget Law Enforcement 284
Department Overview
Budget Units
Budget Unit Program 2024 Adopted Budget
Law Enforcement $ 17,812,608
100-20-200 Law Enforcement $ 17,812,608
100-20-201 Interoperability Project $ -
Total $ 17,812,608
FY 2023-24 Adopted Budget Law Enforcement 285
Budget at a Glance
2024 Adopted Budget
Total Revenues $ 1,462,646
Total Expenditures $ 17,812,608
Fund Balance $ -
General Fund Costs $ 16,349,962
% Funded by General Fund 91.8%
Total Staffing FTE
Organization
Captain Neil Valenzuela, Office of the Sheriff
FY 2023-24 Adopted Budget Law Enforcement 286
Performance Measures
Goal: Maintain a safe environment to live, work, learn and play.
Benefit: All members of the community are safe, informed, empowered and supported.
Performance Measure
FY 2021
July-June
FY 2022
July-June
FY 2023
July-Dec
Ongoing
Target
Response time for emergency calls
Priority 1 3.40 3.27 6.98*5 minutes
Priority 2 6.07 6.66 7.07 9 minutes
Priority 3 11.80 11.73 11.28 20 minutes
% programs maintaining minimum
attendance
Teen Academy 92%98%75%80%
Citizen Academy N/A N/A N/A 80%
*On Nov. 12, 2022, the Sheriff’s Office received a Priority 1 call that affected the average response times for the reporting
period.
FY 2023-24 Adopted Budget Law Enforcement 287
Workload Indicators
Workload Indicator FY 2021
July-June
FY 2022
July-June
FY 2023
July-Dec
Total Priority 1 Calls 31 76 35
Total Priority 2 Calls 3,107 4,027 2,144
Total Priority 3 Calls 4,254 3,624 1,639
Total Teen/Community Academy Participants 23 39 15
Adopted Budget
On June 6, 2023, City Council approved a budget of $17,812,608 for the Law Enforcement department. This
represents an increase of $998,089 (5.9%) from the FY 2022-23 Adopted Budget.
The increase is due to contractually agreed-upon increases in salary and benefits for Sheriff's Deputies and
increases in the West Valley Substation facility lease agreement.
FY 2023-24 Adopted Budget Law Enforcement 288
Adopted Expenditures by Division
Department Expenditure History
Revenues and Expenditures
100.0%
Law Enforcement
$14.8M
$15.7M
$16.8M
$17.8M
2021 Actual 2022 Actual 2023 Adopted Budget 2024 Adopted Budget
FY 2023-24 Adopted Budget Law Enforcement 289
Revenues and Expenditures
The following table details revenues, expenditures, changes in fund balance and General Fund costs by category.
It includes actuals for two prior fiscal years, the Adopted Budget for the prior fiscal year, and the Adopted Budget
for the current fiscal year.
Category 2021 Actual 2022 Actual 2023 Adopted Budget 2024 Adopted Budget
Revenues
Intergovernmental Revenue $ 156,727 $ 161,285 $ 156,000 $ 161,094
Charges for Services $ 410,824 $ 558,777 $ 61,000 $ 115,000
Fines and Forfeitures $ 102,396 $ 188,053 $ 202,000 $ 180,000
Miscellaneous Revenue $ 837,329 $ 887,259 $ 948,721 $ 1,006,552
Transfers In $ -$ 972,987 $ -$ -
Total Revenues $ 1,507,276 $ 2,768,361 $ 1,367,721 $ 1,462,646
Expenditures
Materials $ 158 $ 222 $ 53,891 $ 408
Contract Services $ 14,652,520 $ 15,547,160 $ 16,606,737 $ 17,667,516
Cost Allocation $ 123,731 $ 168,433 $ 153,891 $ 144,684
Total Expenditures $ 14,776,409 $ 15,715,815 $ 16,814,519 $ 17,812,608
Fund Balance $ -$ -$ -$ -
General Fund Costs $ 13,269,134 $ 12,947,454 $ 15,446,798 $ 16,349,962
Staffing
There is no staffing associated with this department.
FY 2023-24 Adopted Budget Law Enforcement 290
Law Enforcement
Budget Unit 100-20-200
General Fund - Law Enforcement - Law Enforcement
Budget at a Glance
2024 Adopted Budget
Total Revenues $ 1,462,646
Total Expenditures $ 17,812,608
Fund Balance $ -
General Fund Costs $ 16,349,962
% Funded by General Fund 91.8%
Total Staffing FTE
Program Overview
The Law Enforcement program provides law enforcement, emergency communications, and School Resource
Officers. Law enforcement services are provided by the Santa Clara County Sheriff ’s Office, while
communications services are provided by the Santa Clara County General Services Administration. Other services
include general law enforcement (patrol), traffic enforcement and investigation, detective services, and additional
resources from specialized units.
The State allocates the Citizens Option for Public Safety (COPS) grant to cities and counties for front-line law
enforcement purposes. Funding is allocated proportionately based on population size with a minimum allocation
of $100,000 per jurisdiction. This grant will be used to partially offset the cost of a second School Resource Officer
that was added in the FY 2016-17 school year. Furthermore, the City receives an annual donation for enhanced
law enforcement services (two additional deputies) in the C5 beat. The donation is $1.0 million for FY 2023-24.
Service Objectives
Protect life and property through innovative and progressive policing methods.
Respond to Priority 1 emergency situations within an average of fewer than five minutes.
Enforce the vehicle code with the goal of increasing traffic safety.
Divert first time/minor youth offenders from the juvenile justice system.
Provide daily on-site interaction with our youth.
Provide annual Teen Academy during summer months providing community engagement and an
introduction to law enforcement for youth (budgeted in the Public Safety Commission).
Adopted Budget
On June 6, 2023, City Council approved a budget of $17,812,608 for the Law Enforcement program. This
represents an increase of $1,047,512 (6.2%) from the FY 2022-23 Adopted Budget.
The increase in Contract Services funding is due to contractually agreed-upon increases in salary and benefits for
Sheriff's Deputies and increases in the West Valley Substation facility lease agreement.
Revenues and Expenditures
FY 2023-24 Adopted Budget Law Enforcement 291
Revenues and Expenditures
The following table details revenues, expenditures, changes in fund balance and General Fund costs by category.
It includes actuals for two prior fiscal years, the Adopted Budget for the prior fiscal year, and the Adopted Budget
for the current fiscal year.
Category 2021 Actual 2022 Actual 2023 Adopted Budget 2024 Adopted Budget
Revenues
Intergovernmental Revenue $ 156,727 $ 161,285 $ 156,000 $ 161,094
Charges for Services $ 410,824 $ 558,777 $ 61,000 $ 115,000
Fines and Forfeitures $ 102,396 $ 188,053 $ 202,000 $ 180,000
Miscellaneous Revenue $ 837,329 $ 887,259 $ 948,721 $ 1,006,552
Transfers In $ -$ 972,987 $ -$ -
Total Revenues $ 1,507,276 $ 2,768,361 $ 1,367,721 $ 1,462,646
Expenditures
Materials $ 158 $ 222 $ 53,891 $ 408
Contract Services $ 14,652,520 $ 15,547,160 $ 16,558,198 $ 17,667,516
Cost Allocation $ 123,003 $ 167,594 $ 153,007 $ 144,684
Total Expenditures $ 14,775,681 $ 15,714,976 $ 16,765,096 $ 17,812,608
Fund Balance $ -$ -$ -$ -
General Fund Costs $ 13,268,406 $ 12,946,615 $ 15,397,375 $ 16,349,962
Staffing
There is no staffing associated with this program.
FY 2023-24 Adopted Budget Law Enforcement 292
Interoperability Project
Budget Unit 100-20-201
General Fund - Law Enforcement - Interoperability Project
Budget at a Glance
2024 Adopted Budget
Total Revenues $ -
Total Expenditures $ -
Fund Balance $ -
General Fund Costs $ -
% Funded by General Fund 0.0%
Total Staffing FTE
Program Overview
The Silicon Valley Regional Interoperability Authority (SVRIA) was formed under the Joint Exercise of Powers
Act (JPA) to provide interoperable communications solutions to its members. The SVRIA represents the interests
of all public safety agencies in Santa Clara County through its members. It services the Santa Clara Operational
Area which includes the County of Santa Clara, its fifteen cities and towns, and all special districts.
Service Objectives
SVRIA exists to identify, coordinate, and implement communications interoperability solutions to its member
agencies. The purpose of these projects is to seamlessly integrate voice and data communications between law
enforcement, the fire and rescue service, emergency medical services, and emergency management for routine
operations, critical incidents, and disaster response and recovery.
Adopted Budget
There is no budget requested for this program.
There is no budget due to the elimination of the contract for this project.
Revenues and Expenditures
The following table details revenues, expenditures, changes in fund balance and General Fund costs by category.
It includes actuals for two prior fiscal years, the Adopted Budget for the prior fiscal year, and the Adopted Budget
for the current fiscal year.
FY 2023-24 Adopted Budget Law Enforcement 293
Category 2021 Actual 2022 Actual 2023 Adopted Budget 2024 Adopted Budget
Revenues
Total Revenues $ -$ -$ -$ -
Expenditures
Contract Services $ -$ -$ 48,539 $ -
Cost Allocation $ 728 $ 839 $ 884 $ -
Total Expenditures $ 728 $ 839 $ 49,423 $ -
Fund Balance $ -$ -$ -$ -
General Fund Costs $ 728 $ 839 $ 49,423 $ -
Staffing
There is no staffing associated with this program.
FY 2023-24 Adopted Budget Law Enforcement 294