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Home My WebLink About2013/11/05 Item 10 � . � ~ � - -----�-��- ��° C I T Y C O U N C I L � � - � AGENDA STATEMENT ,:�� - �p _ � ..f^,�+y -� . �� \�� CITY OF CHUTA VISfA 11/0�/20li ltem� ITEM TITLE: RESOLUTION OF THE CITY COiJNCIL OF THE CITY OF CHiJLA VISTA APPROPRI.ATI\'G 5100.000 FROD4 THE AV.4ILABLE BALA\CE OF THE ASSET SEIZliRE F[J1�TD FOR LA\V ENFORCjn4�NT EQUIP�4E\'T SUBA4ITTED BY: CHIEF OF POLICE �� - CITY D�.4\'AGER� � REVIER'ED BY: ASSISTANT CIT A4AI�'AGE 4/STHS VOTE: YES X NO SiTNI��1R1' The Police Department is requestine to appropriate �100,000 to the capital cateeory of the Asset Seizure Fund for law enforcemeut equipment. ENVIRONA4ENTAL REVIE«' This proposed activiry has been revie��ed for compliance with the California Em�ironmental Qualitv Act (CEQA) and it has been determined that the activiri� is not a `Projecr' as defined under Section 1�.i78 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 1�060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus; no environmental re�=iew is necessary. RECOn4!11ENDATION Council adopt the resolution. BOARDS/CO!1�'IISSION RECOMMENDATION I�TOt Applicable. DISCUSSION The Comprehensive Crime Control Act of 1984 authorized federal officials to implement a national asset forfeirure program. The Department of Justice Asset Forfeiture Proeram is a nationw2de law enforcement initiati��e that removes the tools of crime from criminal oreanizations; deprives ��TOngdoers of the proceeds of their crimes; recovers properh� that may be used to compensate victims; and deters crime. The most important objective of 10-1 11/5/2013, Item� Page 2 of 2 the Asset Farfeiture Program is law enforcement. Equitable sharing further enhances this law enforcement objective b�� fostering cooperation among federal, state and local law enforcement agencies. Any state or local law enforcement agency that directly participates in an investigation or prosecution that results in a federal forfeiture may request an equitable share of the net proceeds of the forfeiture. The City has a separate fund to monitor revenues and expenditures relating to asset forfeitures. Depariment of Justice (DOJ) policy requires shared monies and property to be used for law enforcement purposes only. The Asset Forfeiture and Money Laundering Section of the U.S. DOJ outli�ed directives that state and local law enforcement agencies must follow to obtain and use equitably shared funds. As listed in the "Guide to Equitable Sharing for State and Local Law Enforcement Agencies" by the DOJ Asset Forfeiture and Money Laundering Section, one of the permissible uses of equitably shared funds is law enforcement equipment. The Police Department is requesting to appropriate $]00,000 to the capital category of the Asset Seizure Fund for miscellaneous law enforcement equipment. The Department anticipates to spend these funds on taser equipment, backgroundshecruiting software and technology upgrades. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500-foot rule found in Califomia Code of Regulauons section 18704.2(a)(1) is not applicable to this decision. Staff is not indepeudently aware, nor has staff been informed by any City Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT YEAR FISCAL IMPACT Approval of this resolution N�11 result in the appropriation of $100,000 to the capita] category of the Asset Seizure Fund from its available fund balance. There is no net fiscal impact to the General Fund. ONGOING FISCAL IA7PACT There is no ongoing fiscal impact. ATTACHNIENTS None. Prepared by: Jonathan Alegre, Principa!A4anagement Anal��st, Po/ice Departmen� � �-2 RESOLUTION NO. RESOLUTION OF THE CITY COUi�'CIL OF THE CITI' OF CHULA VISTA APPROPRIATII�'G �100.000 FROA4 THE AVAILABLE BALAI�TCE OF THE ASSET SEIZURE FLJND FOR LA��' EI�TFORCEA4EI�'T EQUIPn�NT �4'Z-IEREAS, the Cit�� has a separate fund to monitor revenues and expenditures relatine to asset forfeitures: and �l%HEREAS, the Asset Forfeiture and A9onev Launderina Section of the U.S. Depanment of Justice outlined directives that state and local law enforcement agencies must follo�� to obtain and use asset forfeiture funds: and ��'HEREAS, as listed in the "Guide to Equitable Sharing for State and Local La�� Enforcement Aeencies° b�� the Asset Forfeimre and Mone�� Launderine Section. one of the permissible uses of asset forfeiture funds is lati� enforcement equipment; and \4'HEREAS; the Police Department is requesting to appropriate $100,000 to the capital cateeorv of the Asset Seizure Fund for miscellaneous la�v enforcement equipment. 1�'O��', THEREFORE. BE IT RESOLVED that the Cin� Council of the Cit�� of Chula Vista does hereby appropriate �100,000 to the capital cateeor}� from the a��ailable balance of the Asset Seizure Fund for lav�� enforcement equipment. Presented by: Appro��ed as to form by: � C€� Da�id Bejarano Glen R. Goo�ins Police Chief Citv Attome�� ):Wnome��FI�AL RESOS AND ORDIXANCES�?013\I 1 OS 13V2ES0-POLICE-ASSETSEIZURE?013-11-OS.docx 10/?9R013 1:15 PM 10-3