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HomeMy WebLinkAboutCC 09-15-2026 Item No. 14 Law Enforcement Services Agreement with the County of Santa Clara _Desk ItemCC 09-15-2026 #14 Law Enforcement Services Agreement with the County of Santa Clara Desk Item FINANCE DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3200 CUPERTINO.GOV CITY COUNCIL DESK ITEM Meeting: September 15, 2026 Agenda Item # 14 Subject Law Enforcement Services Agreement with the County of Santa Clara. Recommended Action Receive an update regarding the City's law enforcement services agreement with the County of Santa Clara, discuss the findings of the City's independent financial review, receive a proposed draft long-term agreement from the County of Santa Clara, and provide direction to staff as appropriate. Background: Following receipt of the County’s proposed contract on New Year’s Eve, City staff made extensive and sustained efforts to engage the County in good-faith negotiations toward a cost methodology that reasonably reflects the County’s actual costs while avoiding significant and immediate impacts to the City’s budget and maintaining the level of law enforcement services provided to Cupertino residents. Throughout the negotiations, the City sought a range of reasonable alternatives, including: (1) phasing in proposed contract increases; (2) identifying opportunities to contain costs without reducing service levels; (3) considering alternative approaches to providing law enforcement services that could achieve cost savings; and (4) obtaining specific scenarios identifying potential reductions in service and the corresponding cost savings. The County did not agree to these alternatives. The City subsequently offered to enter into a short-term agreement reflecting a 20 percent increase in costs. This proposal would have provided for uninterrupted law enforcement services to Cupertino residents while allowing additional time for the parties to continue working toward a mutually acceptable long-term agreement. The County did not accept this proposal. In June, the County agreed to a three-month extension with the new proposed costs to allow additional time for negotiations and completion of an independent financial assessment. That assessment was completed in late August and provided additional information regarding the County’s proposed cost methodology. On September 10, 2026, after the Staff Report had been posted, the City received a letter from the Sheriff (Attachment A) stating that, absent a new agreement, the Sheriff would not provide law enforcement services in Cupertino beginning October 1, 2026, other than for “emergency calls for service from Cupertino involving an immediate threat to life or safety, and serious crimes in progress requiring an immediate law enforcement response.” Separately, the City has been informed by the County Executive that the County will not consider a further extension of the existing agreement, even if the City were to agree to pay the County’s full costs during the extension period. In light of these developments, the City is providing this update to the Staff Report. The City remains concerned about the County’s proposed cost methodology and believes that the methodology should more clearly and reasonably reflect the costs directly associated with providing law enforcement services to Cupertino. The City has consistently sought a balanced approach that recognizes the legitimate costs of providing these services while protecting the City’s financial interests and maintaining appropriate service levels for the community. At the same time, the City’s foremost responsibility is to protect the safety of Cupertino residents. The City cannot responsibly accept a significant reduction in law enforcement services as of October 1, particularly where there is no immediate alternative capable of providing comparable service levels. Accordingly, given the circumstances currently facing the City, staff recommends that the City Council authorize the City Manager to execute the proposed agreement with the County in order to ensure continuity of law enforcement services in Cupertino. This recommendation is made solely to protect public safety and avoid a disruption in essential law enforcement services. It should not be understood as an indication that the City agrees with the County’s proposed cost methodology. The City has made substantial efforts to reach a reasonable and sustainable agreement and will continue to advocate for a cost methodology that appropriately reflects the services provided and the actual costs associated with those services. Authorizing the agreement will allow the City to maintain uninterrupted law enforcement services for Cupertino residents while continuing to work with the County toward a more transparent, reasonable, and sustainable approach to determining the cost of those services. Attachments Provided with Original Staff Report: A. Draft County of Santa Clara Law Enforcement Services Contract B. County of Santa Clara Law Enforcement Services Three-Month Extension C. Vasquez Report - Sheriff Contract Cost Allowability and Compliance with Government Code § 51350 D. Vasquez Presentation – Sheriff Contract Cost Review Attachments Provided with Desk Item: E. September 10, 2026 Letter from Sheriff Jonsen