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Current Council Agenda and Past Meeting Information

CITY COUNCIL AGENDA ITEM NO. 26

Meeting Date: June 24, 2008

Subject/Title: Receive report on Municipal Code Section 2.28.030 Ratio of Sworn Officers to City Population and provide direction, if any, to staff

Prepared by: Pamela Ehler, Director of Finance & Information Systems
Mark Evenson, Chief of Police

Submitted by: Donna Landeros, City Manager

RECOMMENDATION
Receive report on Municipal Code Section 2.28.030 Ratio of Sworn Officers to City Population and provide direction, if any, to staff.

PREVIOUS ACTION
On August 22, 2000, the City Council discussed Police Department staff levels.

On September 12, 2000, the City Council introduced Ordinance No. 648 amending Chapter 2.28, Peace Officer Standards and Training, to add 2.28.030 establishing a ratio of 1.5 sworn police officers to city population of 1,000 residents.

On September 26, 2000, the City Council adopted Ordinance No. 648 amending Chapter 2.28, Peace Officer Standards and Training, to add 2.28.030 establishing a ratio of 1.5 sworn police officers to city population of 1,000 residents.

At the City Council Meeting of June 10, 2008, Council Member Stonebarger spoke regarding his request made on May 27, 2008, regarding the Ordinance related to Police staffing levels. He stated the staffing levels were not meeting the levels required by the Ordinance and requested additional information regarding the staffing levels and the funding mechanisms. There was Council concurrence to have the item brought back for Council consideration.

BACKGROUND
The City Council adopted an ordinance in September, 2000 that set the level of sworn officer staffing at 1.5 officers per 1,000 residents. At the time that the ordinance was adopted the actual ratio of sworn officer staffing in the City of Brentwood was 1.2. The ratio of 1.5 per 1,000 residents was recommended by the Police Chief based on the FBI average of the cities in the Western United States in the year 2000.

BRENTWOOD MUNICIPAL CODE SECTION 2.28.030

The City Attorney has reviewed the effect of Ordinance No. 648 which adopted Brentwood Municipal Code Section 2.28.030 and believes that although it was a clear statement of City Council policy in 2000, it is not legally binding on the City Council in 2008. This is because establishing the budget and expenditures of a city is the responsibility of the current council; budget priorities cannot be bindingly established by previous councils. The City Attorney has indicated that Article XVI, Section 18 of the California Constitution forbids a city council from incurring a general fund obligation that cannot be satisfied in the current year's budget, with certain limited exceptions (none of which appear applicable here). Section 2.28.030's requirement of hiring a particular number of police officers is set forth as a general fund obligation, continuing from year to year, and therefore is not valid under the California Constitution.

As a general law city, the powers of the Brentwood City Council come from the California Constitution and state statutes; they can only be diminished by modification of those laws by the State Legislature and in some instances, the voters. These powers include the power to adopt a budget. Adopting a budget is a legislative function, (although one that cannot be exercised through voter initiative) and “it is a familiar principle of law that no legislative board, by normal legislative enactment, may divest itself or future boards of the power to enact legislations within its competence.” (City and County of San Francisco v. Patterson (1988) 202 Cal. App. 3d 95, 105)
The City Attorney does not believe that leaving the current section in the Municipal Code will cause any legal harm. However, because it may be confusing to the public, staff and future City Councils, the City Council may wish either to repeal or modify it. For instance it could be written as a City goal, with no binding budgetary effect.
BRENTWOOD’S GENERAL PLAN

The General Plan, which directs and coordinates future planning in the City, includes two action programs that address police officer staffing ratios. Program 1.3.1 of the Community Facilities Element, adopted in 1993, states that "personnel shall be provided to maintain . . . a force level within a range of 1.7 to 2.5 officers per 1,000 population." The Growth Management Element, adopted in 2001, includes Action Program 1.4.1 which states that "personnel shall be provided sufficient to maintain a force level of at least 1.5 officers per 1,000 population." It should be noted that staff has been unable to locate any supporting documentation for these staffing ratios.

Given the differences between the 1993 and 2001 action plans, at some point it will be necessary to amend the City’s General Plan to remedy this inconsistency. In addition, if the standard is retained, sufficient supporting documentation should be developed for it. The inconsistency notwithstanding, although the action plan might be a valid tool by which to measure the financial viability of development proposals, it cannot lawfully control the budget process in subsequent years given the constitutional limitations discussed above.

STAFFING LEVELS

The City of Brentwood has never achieved the staffing level referenced in the ordinance. This report provides information to the City Council on the actual staffing levels during the last 8 years.

There is no single method or measurement to determine adequate staffing levels for police departments. Ideally, staffing requirements are based on a City’s priorities; the community’s expectations; external influences, such as fluctuations in a City’s daytime or seasonal population; and the levels of crime.

In addition to these factors, adequate staffing requirements must be based on a combination of statistical analysis and professional opinion. This staff report reviews several other benchmarks that the City Council may want to consider as long term measurements of police effectiveness. These include:

• incidents of crime and crime rates
• workload
• response times, and
• clearance rates

CURRENT STAFFING ALLOCATION

Sworn:

1 Chief of Police
2 Captains
4 Lieutenants
10 Sergeants
2 Canine Officers
3 Traffic Officers
5 Detectives
2 School Resource Officers (SRO)
1 Youth Liaison Officer
32 Patrol Officers
62 Total Sworn Officers


CURRENT ORGANIZATIONAL CHART
























STAFFING BASED ON POPULATION

Brentwood currently has a population of 50,614 with 62 sworn officer positions, which equates to 1.22 officers per 1,000 population. For comparison purposes, the average officer per 1,000 population for all municipal police agencies in Contra Costa County is 1.19.

City of Brentwood Population 2000 – 2008

Year Population
2000 22,230
2001 25,104
2002 29,608
2003 32,975
2004 37,246
2005 42,050
2006 45,974
2007 48,677
2008 50,614

The ordinance establishing the 1.5 sworn police staffing ratio was approved during the 2000/01 fiscal year. Therefore, the budgeting effects of the ordinance began with the 2001/02 fiscal year. When preparing the budget, we rely on existing population numbers from the State, with a conservative assumption for growth. However, our fiscal year population numbers do not come in from the State until one year after the adoption of the corresponding fiscal year budget. For that reason we have not always been able to budget for exactly 1.5 officers per thousand.

In fiscal year 2004/05, the City had 47 sworn officers while the budget provided funding for 62 officers. The savings from having these budgeted positions remain unfilled was carried into the fund balance at the end of each fiscal year, and the positions were re-budgeted the following year. Beginning with the 2005/06 fiscal year, we changed the way we budgeted for sworn officers. Budgeted staffing levels were not increased in the Operating Budget. This modification was due to the City’s inability to recruit officers at the time, as well as the beginning of the downturn in the economy. Even during this downturn we still provided the highest number of sworn officers the City has ever had. Since fiscal year 2004/05, the number of sworn officers has increased from 47 to 61.

Brentwood Police Department Sworn Staffing Levels
FY 99/00 - 07/08

Fiscal Year 1.5 Budgeted Actual
(Jan 1) Actual Officers
Per 1,000
1999/00 33 31 28 1.26
2000/01 38 31 30 1.20
2001/02 44 40 33 1.11
2002/03 49 47 43 1.30
2003/04 56 56 45 1.21
2004/05 63 62 47 1.12
2005/06 69 62 54 1.17
2006/07 73 62 56 1.15
2007/08 76 62 61 1.21
SWORN COMPARISON

Contra Costa County Police Agencies - Sworn Average 1.19
Sworn Average for Cities without County Contract is 1.32

City 2008 Population Sworn
Authorized Officer per 1,000 Population
San Pablo 31,190 57 1.83
Pinole 19,193 35 1.82
El Cerrito 23,320 41 1.76
Richmond 103,577 179 1.73
Pleasant Hill 33,377 46 1.38
Concord 123,776 159 1.28
Antioch 100,361 125 1.25
Walnut Creek 65,306 80 1.23
Brentwood 50,614 62 1.22
Pittsburg 63,652 77 1.21
Hercules 24,324 27 1.11
Martinez 36,144 39 1.08
Clayton 10,784 11 1.02
San Ramon 59,002 56 0.95
Oakley (County contract) 33,210 28 0.84
Moraga 16,138 13 0.81
Orinda (County contract) 17,542 14 0.80
Danville (County contract) 42,629 30 0.70
Lafayette (County contract) 23,962 15 0.63

The agencies that contract with the County Sheriff for police services are added for comparison sake as the City Councils do make the staffing level decisions, but we recognize that additional resources are included in these contracts.

California Police Agencies with a similar population to Brentwood
Sworn Average 1.17


City 2008 Population Sworn Authorized Sworn Per 1,000 Population
Watsonville 51,703 69 1.33
Colton 51,918 68 1.31
Azusa 48,743 63 1.29
Brentwood 50,614 62 1.22
Covina 49,552 60 1.21
Gilroy 51,173 62 1.21
Cypress 49,541 60 1.21
Novato 52,737 60 1.14
Glendora 52,362 59 1.13
Placentia 51,727 55 1.06
Hanford 51,965 54 1.04
Cathedral City 52,465 50 0.95

The cities were chosen based on having population within 3,000 of Brentwood’s population. This includes all cities in California that meet this criteria, excluding cities which contract with their county for police services.

INCIDENTS OF CRIME AND CRIME RATE

Crimes including murder, rape, robbery, arson, assault, burglary, theft and auto theft are categorized as Part 1 crimes, which are the statistics that are tracked by both the FBI and by local jurisdictions. When examining levels of crime in a jurisdiction, both incidents of crime and crime rate must be considered. Incidents of crime are the total number of Part 1 crimes that occurred in a calendar year. For example, Brentwood experienced 176 burglaries in 2007. Crime rate is the measurement of crime incidents in percentages when comparing a certain time frame to another. For example, Brentwood had 144 burglaries in 2006 and 176 burglaries in 2007. Therefore, our burglary crime rate increased 22%.

Brentwood’s crime rate has increased proportionately to our population growth. Between 2000 and 2007, our population increased from 22,230 to 48,677 (119%). When we look at Part 1 crimes per 1,000 population, it has slightly declined between 2000 and 2007. In 2000, it was 39.05 per 1,000 population. In 2007, it was 37.31 per 1,000 population. However, our incidents of crime have increased from 868 in 2000 to 1,816 in 2007. This is a 109% increase.

City of Brentwood – Part 1 Crime Incidents (2000-2007)

Crime 2000 2001 2002 2003 2004 2005 2006 2007
Murder 1 0 0 2 4 1 3 0
Rape 4 7 7 4 6 14 8 9
Robbery 9 8 14 6 16 24 33 44
Arson 11 9 16 10 8 9 32 27
Aggravated Assault 36 50 61 37 58 62 79 71
Simple Assault 250 267 275 296 323 405 374 394
Residential Burglary 44 54 104 105 132 122 144 176
Non-Res. Burglary 62 40 73 72 58 64 64 83
Theft 404 569 673 878 779 679 868 880
Auto Theft 47 131 115 199 160 121 115 132
Total 868 1,135 1,338 1,609 1,544 1,501 1,720 1,816


City of Brentwood – Part 1 Crimes per 1,000 Population (2000 – 2007)

Year Crimes Per 1,000
Population
2000 39.05
2001 45.21
2002 45.19
2003 48.79
2004 41.45
2005 35.70
2006 37.41
2007 37.31





City of Brentwood – Lowest Crime Years (2000 – 2007)
Ranked from lowest to highest year

Year Crimes Per 1,000
Population
2005 35.70
2007 37.31
2006 37.41
2000 39.05
2004 41.45
2002 45.19
2001 45.21
2003 48.79


Following is comparative data using the FBI’s 2006 crime statistics data for all cities in Contra Costa County. Part 1 Crimes data was used, with the exception that the FBI numbers did not include the “Simple Assault” figures. For this reason, the crimes per 1,000 will be a bit lower than the numbers in the preceding tables. Since the “Simple Assault” figures are not included in any of the comparative cities either, we are able to provide meaningful analysis on Brentwood’s level of crime vis-à-vis other cities in the County and State.

CRIME RATIO COMPARISON

Contra Costa County Crime Rates (County Average 37.52)
Part 1 Crimes – excluding simple assaults

City Sworn Ratio Crimes Per
1,000
Moraga 0.81 14.28
Danville 0.70 14.92
Clayton 1.02 17.88
Orinda 0.80 18.51
San Ramon 0.95 19.35
Lafayette 0.63 20.69
Hercules 1.11 22.77
Brentwood 1.22 30.46
Oakley 0.84 31.43
Antioch 1.25 35.03
Martinez 1.08 37.83
Walnut Creek 1.23 40.08
Pittsburg 1.21 45.13
Concord 1.28 47.52
Pleasant Hill 1.38 49.95
Pinole 1.82 50.43
Richmond 1.73 65.46
El Cerrito 1.76 71.25
San Pablo 1.83 72.82

CRIME RATIO COMPARISON

Comparable Cities Crime Rates (Average 35.37)
Part 1 Crimes – excluding simple assaults

City Sworn Ratio Crimes Per
1,000
Placentia 1.06 19.31
Cypress 1.21 21.04
Novato 1.14 25.50
Glendora 1.13 30.00
Brentwood 1.22 30.46
Azusa 1.29 34.81
Cathedral City 0.95 37.22
Colton 1.31 40.45
Hanford 1.04 40.66
Covina 1.21 41.36
Watsonville 1.33 48.22
Gilroy 1.21 50.53

WORKLOAD

Between 2000 and 2007, the Brentwood Police Department’s workload has increased along with the increases in population and sworn officers.

Calls for service went from 13,095 to 27,532 (110%). Arrests went from 1,084 to 1,973 (82%). Traffic citations have increased from 4,899 to 9,190 (88%). Traffic collisions have increased from 315 to 540 (71%), and case files taken have increased from 3,879 to 6,336 (63%). Actual sworn officer staffing levels have increased 103% over this same timeframe.

Workload 2000 – 2007

Workload 2000 2001 2002 2003 2004 2005 2006 2007
Population 22,230 25,104 29,608 32,975 37,246 42,050 45,974 48,677
Crime Incidents 868 1,135 1,338 1,609 1,543 1,501 1,720 1,816
Calls for Service 13,095 14,952 17,820 20,573 21,806 23,175 25,012 27,532
Arrests 1,084 1,148 1,052 1,120 1,284 1,393 1,431 1,973
Citations 4,899 4,260 3,864 6,376 5,906 6,756 6,119 9,190
Cases Taken 3,879 4,220 4,740 5,324 5,409 5,489 5,805 6,336
Collisions 315 363 393 418 445 505 568 540
Total Workload 24,140 26,078 29,207 35,420 36,393 38,819 40,655 47,387
Actual Sworn 30 33 43 45 47 54 56 61
Workload/Sworn 741 761 679 733 774 719 725 776


RESPONSE TIMES

Response times are an important benchmark of police service. Response times vary greatly depending on the size of the City and department, geographical location and levels of crime. Smaller cities usually have faster response times, due simply to the geography.

Calls for service are prioritized into three general categories.

• Priority 1 calls are those that pose an immediate threat to life or crimes that are in progress.

• Priority 2 calls are high priority but do not elevate to the level of an emergency.

• Priority 3 calls are miscellaneous service calls or “cold calls.”





Brentwood Average Response Times Listed in Minutes and Seconds 2004 – 2007


YEAR Priority 1
EMERGENCY Priority 2
PRIORITY RESPONSE Priority 3
DELAYED
2004 4:49 5:52 8:07
2005 4:49 6:11 8:41
2006 5:11 6:36 9:02
2007 4:42 6:08 8:26
Variance Range 0:29 0:44 0:55


Response times between 2004 and 2007 have been fairly consistent with a range of 29 seconds for Priority 1 calls over the last 4 years.

CRIME CLEARANCE RATES

Crime clearance rates represent the police department’s ability to close cases. The Federal Bureau of Investigation and most jurisdictions use the closing of Part 1 crimes to indicate clearance rates. Agencies can clear or close cases in one of two ways: by arrest or by exceptional means. Arrest is self explanatory. In certain situation, elements beyond law enforcement’s control prevent the agency from arresting and formally charging the offender. When this occurs, the agency can clear the offense “exceptionally.”

To clear a case exceptionally, the agency must have identified the offender, gathered enough evidence to support an arrest and the filing of charges, identified the exact location of the offender and have encountered a circumstance outside the control of the law enforcement agency that prohibits the agency from making an arrest. Examples of such circumstances include the offender being deceased, a victim refusing to cooperate with prosecution or the denial of extradition by another jurisdiction.

The latest FBI numbers for clearance rates are from 2006, and we have preliminary numbers for 2007. This report compares Brentwood’s clearance rates with the FBI’s numbers as they relate to agencies located in the Western part of the United States with populations similar to Brentwood. As indicated by the data Brentwood has done a good job clearing cases.

The only exception is our clearance rate for burglary. The national average for burglary clearance for agencies with similar populations in 2006 was 12.8%. In 2006, Brentwood’s burglary clearance rate was 7%. In 2007, our burglary clearance rate was 8%. Between 2006 and 2007, our clearance rate for rape dropped by 53% and our clearance rate for robbery dropped by 14%. During the same time frame, our clearance rate for both theft and auto theft increased by 7%.

Note: The FBI does not use arson in their reported clearance rates.







2006 National Average Clearance Rates for Similar Populations

Crime 2006
Murder 63.8%
Rape 37.0%
Robbery 27.8%
Assault 54.7%
Burglary 12.8%
Theft 19.6%
Auto Theft 11.8%

Brentwood Clearance Rates 2006

Crime Actual Cleared Clearance
Murder 3 2 67%
Rape 8 6 75%
Robbery 33 16 48%
Assault 453 376 83%
Burglary 208 14 7%
Theft 868 107 12%
Auto Theft 115 12 10%
Totals 1,688 533 32%

Brentwood Clearance Rates 2007

Crime Actual Cleared Clearance
Murder 0 0 N/A
Rape 9 2 22%
Robbery 44 15 34%
Assault 465 397 85%
Burglary 259 20 8%
Theft 880 170 19%
Auto Theft 132 23 17%
Totals 1,789 627 35%

Comparison of Brentwood Clearance Rates between 2006 & 2007

Crime 2006 2007 Change
Murder 67% N/A N/A
Rape 75% 22% ↓ 53%
Robbery 48% 34% ↓ 14%
Assault 83% 85% ↑ 2%
Burglary 7% 8% ↑ 1%
Theft 12% 19% ↑ 7%
Auto Theft 10% 17% ↑ 7%
Total Clearance 32% 35% ↑ 3%

The small sample size of some of the crime categories (e.g. murder, rape, robbery) make year over year comparisons for some individual categories difficult as the clearance rates can strongly fluctuate based on only a few cases. In 2007, there was a decrease in the closure of those types of cases which are infrequent but more violent in nature. In addition, our burglary clearance rate is below the national average, while our assault clearance rate is above the national average.

FISCAL IMPACT
An additional 14 sworn officers would be required to meet the 1.5 Officers per 1,000. Based on the current Cost Allocation Plan, the cost per officer, including department and city-wide overhead (fully loaded) at C Step would be $208,493 for a total cost of $2,918,902.

If city-wide overhead, the general government costs associated with the position, is not included the cost per officer would be $173,284 for a total cost of $2,425,976.

These costs are not included in the 2008/09 Operating Budget and do not include ongoing costs of support staff and other related expenses as well as one time expenditures for items such as vehicles and equipment.

Attachments:
A – Ordinance 648
B – City Council Agenda Item #26 from 8/22/2000
C – Minutes from 8/22/2000
D – City Council Agenda Item #24 from 9/12/2000
E – Minutes from 9/12/2000
F – City Council Agenda Item #9 from 9/26/2000
G – Minutes from 9/26/2000
H – Brentwood General Plan Excerpts

 
City Administration
City of Brentwood City Council
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Brentwood, CA 94513
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E-mail allcouncil@brentwoodca.gov