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AddendumMEETING DATE: 6/16/15 ITEM NO: 12 i !ps �ptOS' COUNCIL AGENDA REPORT ADDENDUM DATE: JUNE 12, 2015 TO: MAYOR AND TOWN COUNCIL FROM: LES WHITE, INTERIM TOWN MANAGER SUBJECT: POLICE SERVICES AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND CITY OF MONTE SERENO A. AUTHORIZE THE INTERIM TOWN MANAGER TO EXECUTE A TEN YEAR AGREEMENT FOR POLICE SERVICES BETWEEN THE TOWN OF LOS GATOS AND CITY OF MONTE SERENO IN THE AMOUNT OF $812,800 FOR FY 2015/16, INCREASING ANNUALLY THEREAFTER B. AUTHORIZE A FY 2015/16 BUDGET REVENUE ADJUSTMENT OF $140,000 IN CONSIDERATION OF THESE ADDITIONAL REVNUES REMARKS: After the initial Staff Report was distributed on June 11, 2015, Staff received inquiries from Council which are addressed below. Also provided in Attachment 2 is public communication which was received after the Staff Report was distributed. 1. Will Monte Sereno cover additional expenses attributed to union contract increases? Answer: The proposed agreement is a fixed ten -year agreement, with an annual rate increase. The annual increase is tied to the Employment Cost Index for Benefits, specific to State and Local Government Workers, plus 2 %. The proposed agreement also includes language which prevents the contract from increasing beyond 6% in any given year. (Section S(f), page 13 of the staff report]. Staff is comfortable that negotiated union contract increases for staff would be absorbed and accounted for in the annual increase tied to the Employment Cost Index plus 2 %. PREPARED BY: STEPHEN CONWAY Finance and Administrative Services Director Reviewed by: A4EAssistant Town Manager Town Attorney 15 -Finance N_\MaR \AdminWorkFiles\20l5 Council Reports0une 16\Police Servieas Addendmn.doex PAGE MAYOR AND TOWN COUNCIL SUBJECT: POLICE SERVICES CONTRACT BETWEEN THE TOWN OF LOS GATOS AND CITY OF MONTE SERENO JUNE 12, 2015 However, staff also recognizes that unanticipated costs may occur that are outside of the Towns control. Therefore, language has been included in the proposed agreement (Section 5(g), page 14 of the staff report], that allows for negotiating amended terns to the agreement in the event of a "substantive change in personnel costs to the Town of Los Gatos, including a reduction in police department workforce... " . 2. How was the 3 year number selected for no cancellation? Answer: The City of Monte Serena requested an initial 3 year no cancellation agreement to provide their community members with assurance that police protection would continue in a similar manner as in the past. They also expressed a concern about the Town contracting out services so this provided at least an initial safeguard. Upon discussion and consideration of this request, staff determined that any change in service model that the Town ofLos Gatos may shift to will require significant time for analysis of the best model for the Town, transition, in terms of workforce reductions, determination ofservice levels, negotiations with contracting agencies and any possible absorption of staff, disposition of equipment and facilities, impact on highly valued volunteer services, evaluation and comparisons of contract proposal costs and services to current service, public meetings and hearings, etc. It is most likely that such a change in service model would be a multi year process. However, staff recognizes that there could be a more immediate reduction in police services which would require reconsidering and negotiating a change in service levels provided to Monte Sereno. As discussed above, section 5(g), page 14 of the staff report allows for negotiating amended terms to the agreement in the event of a "substantive change in personnel costs to the Town ofLos Gatos, including a reduction in police department workforce... " These negotiations may occur at any point, regardless of the three year no- cancellation provision. The Agreement further provides in Section 6 (b) that after the initial three year period the agreement could be cancelled with a one Year notice. 3. There are community members who have requested consideration of contracting with the sheriff. Could such a move be allowable under the proposed contract? Answer: There is no language in the proposed agreement that precludes the Town from reviewing and considering contracting with the Sheriffs of ice. The three year no cancellation provision commits the Town to provide some level of service (as service levels maybe negotiated at any point) for the f rst three years; however for the reasons mentioned above in answer 2, a transition to an outsourced service model would be a multi -year process for the Town and could reasonably be expected to take up to three years to implement or at a minimum fully phase out Town provided police services. PAGE MAYOR AND TOWN COUNCIL SUBJECT: POLICE SERVICES CONTRACT BETWEEN THE TOWN OF LOS GATOS AND CITY OF MONTE SERENO JUNE 12, 2015 4. Has the Monte Sereno Council approved this agreement? Answer: The proposed agreement is scheduled to be heard by the City of Monte Sereno at their June 16, 2015 Council meeting. The City Manager of Monte Sereno has been fully informed of the Agreement (and offered input) and Town Council report. 5. How much will M.S. pay if hours exceed 900? Answer: Under section 5(d) [pg. 13 of the staff report], Monte Sereno would pay for additional investigation hours at the "actual cost to Los Gatos to provide the services. " Activation of this provision requires satisfying two elements and is intended to protect the Town from incurring substantial additional costs as in prior years, most recently with the homicide investigation in 2013: First —the City of Monte Sereno must incur a "significant crime or crimes" (defined to include but not be limited to kidnapping, homicide, hostage event, serial assault /robbery and /or other high level critical incident). When investigation of this crime or crimes exceeds 320 hours, the Town will immediately notify the City of Monte Sereno and discuss staffing levels. Second —If at the end of the fiscal year, the Town provided more than the 900 hours of investigative services built into the base of the contract, Monte Sereno will then pay for the additional hours provided over the 320 for the significant crime or crimes. This payment will be at the town's actual cost, with no limit or cap on the hours that will be reimbursed should both elements be met. 6. Page 7 Fiscal Impact unclear: $1.4 - 1.7 million over 10 years? Or $10.1 million? Answer: Staff has estimated a range of anticipated "additional" revenue that Town can anticipate to receive under the proposed agreement. This additional revenue is above what the Town would receive if we kept the existing agreement. The proposed agreement is an increase over the existing agreement of $140, 000 in year one (7/1/15- 6/30/15) alone. Staff estimated the CPI increases each year for the ten years of the contract and determined that under the proposed agreement the Town would receive anywhere from $1.4 million to $1.7 million in additional revenue above what would be received under the existing agreement. In total, over the ten- ears of the proposed agreement from July 1, 2015 —June 30, 2025, staff estimates the Town would receive $10.1 million to provide police protection services to the City of Monte Sereno (of which the $1.4 million to $1.7 million would be the new revenue from this agreement adjustment should it be approved). PAGE MAYOR AND TOWN COUNCIL SUBJECT: POLICE SERVICES CONTRACT BETWEEN THE TOWN OF LOS GATOS AND CITY OF MONTE SERENO JUNE 12, 2015 What services would our Community Service Officer provide? By way of example, that officer may be handling noise, illegal signs, leaf blowers in Los Gatos. What would s/he do in M.S.? Answer: Section 2(A) of the proposed agreement [page 9 of the staff'reportj, outlines general services provided under the agreement. Community Service Officer (CSO) services may account towards patrol hours by responding to Monte Sereno for low level misdemeanor crimes that involve no suspect information, including traff c reporting with property damage only, tragic hazards, reports of misdemeanor vandalism as well as petty theft and fraud. The hours spent in in Monte Sereno by the CSO will contribute towards the contracted 80 hours of patrol time spent in Monte Sereno per week. Assigning a CSO to respond to these types of calls affords the Chief of Police the ability to utilize a CSO when appropriate, leaving Officer hours available for Los Gatos residents. 8. Will M.S. contribute to all Workers' Compensation expenses associated with our police department? Please explain yes or no answer. Answer: No, the City ofMonte Sereno will not be contributing to all workers' compensation expenses. The workers' compensation rate built into the overhead will reimburse the Town at a rate commensurate with the service hours provided to Monte Sereno. This is the same manner in which the Town's Departments contribute towards workers' compensation. However, should a Town employee incur an on the job injury, requiring a leave from duty for recovering, this will be treated just as any other insurance claim. Attachment I (Previously received with Staff Report on June 11, 2015): 1. Proposed Agreement for Law Enforcement Services Between the Town of Los Gatos and City of Monte Sereno Attachment 2 received with this Addendum: 2. Public comment received from 11:01 am Thursday, June 11, 2015 through 11:01 a.m. Friday, June 12, 2015 From: John Shepardson <shepardsonlaw @me.com> Sent: Thursday, June 11, 2015 10:50 PM To: Marcia Jensen; BSpector; Steven Leonardis; Marico Sayoc; Rob Rennie; Council; Les White; Laurel Prevetti; Matt Frisby; Matt Morley; Lisa Petersen; Mike Wasserman; Carl Guardino; Barry Chang 4 Cupertino City Council; bloventhal @cityofmontesereno.org; whuff @cityofmontesereno.org; lallan @cityofmontesereno.org; manstandig @cityofmontesereno.org; bcraig @cityofmontesereno.org; sgarner @cityofmontesereno.org; hmiller @saratoga.ca.us; mcappello @saratoga.ca.us; elo @saratoga.ca.us; mlbernald @saratoga.ca.us; rkumar @saratoga.ca.us; City Council; rsinks @cupertino.org; gwong @cupertino.org; svaidhyanathan @cupertino.org; dpaul @cupertino.org; pierluigi .oliverio @sanjoseca.gov; Rick Sung; manager @cupertino.org; Debbie Bretschneider Subject: Police Foundation Donations Should the Town accept donations from an entity that is adverse to a third party review of the Police Budget and supportive of a budget that is hurting the Town (ex. AG Streets). If we keep the present humongous PD budget, in my view say good bye Town of Gatos and hello City. JS ATTACHMENT 2 J From: John Shepardson <shepardsonlaw @me.com> Sent: Thursday, June 11, 2015 11:07 PM To: Marcia Jensen; BSpector; Steven Leonardis; Marico Sayoc; Rob Rennie; Council; Les White; Laurel Prevetti; Matt Frisby, Matt Morley; Lisa Petersen; Mike Wasserman; Carl Guardino; Barry Chang 4 Cupertino City Council; bloventhal @cityofmontesereno.org; whuff @cityofmontesereno.org; lallan @cityofmontesereno.org; manstandig @cityofmontesereno.org; bcraig @cityofmontesereno.org; sgarner @cityofmontesereno.org; hmiller @saratoga.ca.us; mcappello @saratoga.ca.us; elo @saratoga.ca.us; mlbernald @saratoga.ca.us; rkumar @saratoga.ca.us; City Council; rsinks @cupertino.org; gwong @cupertino.org; svaidhyanathan @cupertino.org; dpaul @cupertino.org; pierluigi .oliverio @sanjoseca.gov, Rick Sung; manager @cupertino.org; Debbie Bretschneider Subject: Re: Police Foundation Donations 3 year no cancellation provision. So any possible switch to Sheriff is gutted for 3 years. At most 1 year cancellation provision (like existing contract ?). Why a 3 year provision when MS was disinclined to share on extraordinary costs? JS M MEETING DATE: 06/16/15 ITEM NO: ! Z 'B COUNCIL AGENDA REPORT DATE: JUNE 8, 2015 TO: MAYOR AND TOWN COUNCIL if FROM: LES WHITE, INTERIM TOWN MANAG SUBJECT: POLICE SERVICES CONTRACT BETWEEN THE TOWN OF LOS GATOS AND CITY OF MONTE SEREIN A. AUTHORIZE THE INTERIM TOWN MANAGER TO EXECUTE A TEN YEAR AGREEMENT FOR POLICE SERVICES BETWEEN THE TOWN OF LOS GATOS AND CITY OF MONTE SERENO IN THE AMOUNT OF $812,800 FOR FY 2015/16, INCREASING ANNUALLLY THEREAFTER B. AUTHORIZE A FY 2015/16 BUDGET REVENUE ADJUSTMENT OF $140,000 IN CONSIDERATION OF THESE ADDITIONAL REVENUES RECOMMENDATION: 1. Authorize the Interim Town Manager to execute a ten year agreement for police services between the Town of Los Gatos and City of Monte Sereno in the amount of $812,800 for FY 2015/16, increasing annually thereafter. 2. Authorize a FY 2015/16 budget revenue adjustment of $140,000 in consideration of these additional revenues. BACKGROUND: Effective September 1, 1995 the Town of Los Gatos entered into a 29 year, ten month agreement with tite City of Monte Sereno to provide police protection services within the city's boundaries through June 30, 2025. However, with tire growing complexity of police work combined with the recessionary impacts and reductions incurred by the Town, the Town Council directed staff to analyze the existing agreement for police services and its impact to the Town of Los Gatos. Staff determined that the Los Gatos Monte Sereno police services agreement facilitates more efficient patrol and other police services due to the close proximity of the two communities. Since 2007/08, the revenues received by the Town to cover these services averaged $580,000 annually. These Reviewed by: LM Assistant Town Manager own Altorne -- - Y NBMGRVAdminWmkFii;:: I COwcO ftepn',; ::1615mn Report po4cnservice�6 -lfldoc PREPARED BY: T Y d ST Y n Chief of Police Director of Fin ce Reviewed by: LM Assistant Town Manager own Altorne -- - Y NBMGRVAdminWmkFii;:: I COwcO ftepn',; ::1615mn Report po4cnservice�6 -lfldoc