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Agenda Item No. 2e

Agenda Report
DATE: NOVEMBER 19, 2019

TO: CITY COUNCIL

FROM: POLICE DEPARTMENT – DIVISION

SUBJECT: LAW ENFORCEMENT SERVICES AGREEMENT BETWEEN MACERICH

HHF BROADWAY PLAZA AND THE CITY OF WALNUT CREEK

STATEMENT OF ISSUE:
In 2016, the City of Walnut Creek entered into a three-year agreement with Macerich Northwestern
Associates (Macerich) to share the cost of a police officer position that would patrol the newly
remodeled Broadway Plaza property. That agreement is set to expire on December 31, 2019. It is
the desire of the Walnut Creek Police Department and Macerich (now Macerich HHF Broadway
Plaza) to renew the agreement for another three years.

RECOMMENDED ACTION:
Staff recommends the City Council approve the Law Enforcement Services Agreement between
Macerich HHF Broadway Plaza and the City of Walnut Creek and allocate $103,200 annually from
the General Fund to match the funds provided by Macerich.

DISCUSSION:
The Walnut Creek Police Department and Macerich HHF Broadway Plaza are desirous to extend
an agreement to jointly fund a police officer position to patrol Broadway Plaza. Macerich has
agreed to an annual payment of $103,200 to fund roughly 50% of the cost of a top-step salary, fully
benefited, police officer position. The Police Department will fund the other $103,200 per year.
This represents a cost increase of 4.9% over the previous agreement.

The Walnut Creek Police Department and Macerich HHF Broadway Plaza have enjoyed a highly
successful partnership since 2016. This partnership has led to the prevention of thefts, enhanced
safety, and the successful arrest and prosecution of countless individuals, including large scale
organized retail theft rings. Having an officer assigned to Broadway Plaza full-time has enhanced
response time, led to arrests that would have otherwise not occurred and reduced the number of
calls for service for other patrol officers, in turn freeing up time for other calls or proactive
enforcement.

This agreement is in keeping with the City’s tradition of creating public-private partnerships that
provide an exceptional benefit to the community. This partnership provides an opportunity to
address the concerns of both parties while still keeping the surrounding area safe.

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City Council Agenda Report
Police Officer Funding Agreement with Macerich
November 19, 2019 Page 2

Officers assigned to Broadway Plaza remain subject to WCPD’s chain of command, policies and
procedures, and are not required to perform tasks that are outside the routine services provided to
the general public. Officers are only responsible for enforcement of state and local laws (as
opposed to private rules, regulations, or other operating procedures for Broadway Plaza). The
assigned officer will be primarily responsible for Broadway Plaza property but can respond to other
emergencies in the City and take enforcement action within a larger area of influence around the
plaza. The assigned officer will be responsible for working in collaboration with businesses to
prevent criminal activity. The officer will provide updates on criminal activity and trends within
the region and similar retail districts.

FINANCIAL IMPACTS:
The Police Department is requesting the City Council allocate $103,200 annually from the General
Fund to match the funds provided by Macerich for the three-year agreement period. This proposal
calls for the officer to continue providing police services to Broadway Plaza beginning January 1,
2020. The financial impact of this 3-year agreement is as follows:

January 1, 2020 –June 30, 2020: $51,600

Fiscal Year 20/21: $103,200
Fiscal Year 21/22: $103,200
July 1, 2022 – December 31, 2022: $51,600
Total cost: $309,600

ALTERNATIVE ACTION:
An alternative would be not to approve the agreement with Macerich HHF Broadway Plaza and to
decline to allocate additional funding to the police department. This would result in a loss of the
matching funds Macerich HHF Broadway Plaza is willing to provide.

DOCUMENTS:
Attachment: Law Enforcement Services Agreement between Macerich HHF Broadway Plaza
and the City of Walnut Creek

CITY COUNCIL ACTION RECOMMENDED:

Move to approve the Law Enforcement Services Agreement between Macerich HHF Broadway
Plaza and the City of Walnut Creek and to allocate $51,600 for the remainder of the 2020 fiscal year;
$103,200 for fiscal year 2020/2021, $103,200 for fiscal year 2021/2022, and $51,600 for July 1,
2022 to December 31, 2022, for a total of $309,600 from the General Fund to match the funds
provided by Macerich.

STAFF CONTACT: Jay Hill, Police Captain

hill@walnutcreekpd.com
(925) 256-3568

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