HomeMy WebLinkAbout2019-12-12 Mes A Agenda Packet
ACTION ITEMS
The Item(s) listed in this section of the agenda will be considered individually by the
Board/Commission and are expected to elicit discussion and deliberation. If you wish to speak
on any item, please fill out a “Request to Speak” form and submit it to the Secretary prior to
the meeting.
2. CONSIDERATION OF PROPOSED AMENDMENTS TO THE MEASURE A PUBLIC
SAFETY EXPENDITURE PLAN TO ADD ONE POLICE AGENT AND THREE
PEACE OFFICERS, AND AMEND THE REVENUE AND EXPENDITURE BUDGET
IN FISCAL YEAR 2019/2020
Recommended action: Consider the proposed amendment, provide comments and
recommend city council approval.
3. CONSIDERATION OF PROPOSED AMENDMENTS TO THE MEASURE A
PUBLIC SAFETY EXPENDITURE PLAN TO MOVE THE CRIMINAL
PROSECUTOR POSITION OUT OF OVERHEAD AND INTO A
NEIGHBORHOOD PROTECTION UNIT COMPONENT OF THE PLAN,
ADDING THE POSITIONS OF PARALEGAL AND INVESTIGATOR
Recommended action: Consider the proposed amendment, provide comments and
recommend city council approval.
STAFF PRESENTATIONS
The items in this section of the agenda will consist of presentation of City staff members. No
action is expected to be taken by the Committee on these items. If any member of the public
wishes to speak on any item, please fill out a “Request to Speak” form and submit it to the
Secretary prior to the meeting.
4. MEASURE A REVENUE AND EXPENDITURE UPDATE
a. Financial Status Update (Finance Department)
OTHER BUSINESS
5. STAFF COMMENTS
6. CHAIR’S COMMENTS
7. COMMISSIONERS’/BOARD MEMBERS’ COMMENTS
ADJOURNMENT to the regular meeting on January 9, 2019 at 6:00 p.m. in the Community
th
Room at 315 4 Avenue Chula Vista, California.
Page 2 ׀ Measure A Citizens’ Oversight Agenda December 12, 2019
Materials provided to the related to any open-session item on this agenda are available for public
review in the Chula Vista Police Department at 315 Fourth Avenue, Chula Vista during normal
business hours.
In compliance with the
AMERICANS WITH DISABILITIES ACT
The City of Chula Vista requests individuals who require special accommodations to access,
attend, and/or participate in a City meeting, activity, or service, contact the Human Resources
Department at (619) 691-5041 (California Relay Service is available for the hearing impaired by
dialing 711) at least forty-eight hours in advance of the meeting.
Page 3 ׀ Measure A Citizens’ Oversight Agenda December 12, 2019
�tt�r
CITY OF
CHULA VISTA
i City of Chula Vista Boards a Commissions
Measure A Citizen's Oversi6ht Committee - STAFF REPORT
December 12, 2019
6:00 p.m.
TITLE
Chula Vista Police Department
3154 1h Avenue, Community Room
Chula Vista, CA 91910
CONSIDERATION OF PROPOSED AMENDMENTS TO THE MEASURE A PUBLIC
SAFETY EXPENDITURE PLAN TO MOVE THE CRIMINAL PROSECUTOR
POSITION OUT OF OVERHEAD AND INTO A NEIGHBORHOOD PROTECTION
UNIT COMPONENT OF THE PLAN, ADDING THE POSITIONS OF PARALEGAL
AND INVESTIGATOR
BACKGROUND
In 2018, the City of Chula Vista realized the value and importance of being able to prosecute their
own criminal cases. These prosecution efforts serve a critical function for the City, filling in gaps
for issues that may not otherwise be addressed by other agencies, and giving the City more
autonomy to enforce local laws and solve issues of public safety in new ways. The City committed
to undertake the work and responsibility that it would take to perform these prosecutorial functions
and establish the Neighborhood Protection Unit.
Phase I of the implementation began in March 2019, when the City of Chula Vista hired a Deputy
City Attorney III to serve as the City's first City Prosecutor, designated as such by the City
Attorney, and authorized by the City Charter and Municipal Code. In addition to prosecuting city
codes, the City Prosecutor is responsible for developing and managing the Neighborhood
Protection Unit.
Phase II involves hiring the necessary support positions needed for the Neighborhood Protection
Unit to properly function and to effectively and efficiently handle the quantity and complexity of
cases presented for prosecution by the CVPD. Current staffing levels of the City Attorney's Office
are inadequate to competently address the increased workload and responsibilities of the City
Prosecutor and the newly established Neighborhood Protection Unit.
Figure 1. Neighborhood Protection Unit Public Safety Expenditure Plan Staffing as of 12/3/2019
SUMMARV
The City Attorney's Office is proposing to amend the Measure A Public Safety Expenditure Plan
to add one (1) Paralegal position, one (1) City Attorney Investigator position and move the funding
for the Criminal Prosecutor position out of overhead and into a Neighborhood Protection Unit
component of the plan.
DISCUSSION
The City Prosecutor is responsible for working closely with the Police Department to coordinate
efforts to address specific community needs and issues which require the involvement of the
potential for criminal enforcement and cannot be solved through other alternative means. At this
point, the City Prosecutor will only be accepting cases referred by the Chula Vista Police
Department. The Police Department will investigate crimes, and then may submit the case to the
City Prosecutor to be reviewed for potential criminal charges, or other potential resolution. The
City Attorney's authority extends to all violations of the Municipal Code, as well as a small number
of state code offenses.
When cases are submitted for evaluation, the City Prosecutor must review all available evidence,
direct further investigation as needed, and apply current law to the facts, using their professional
judgment, to determine if charges can be proven beyond a reasonable doubt. Prosecutors have
ethical obligations not to proceed unless they believe charges can be proven beyond a reasonable
doubt, the highest burden of proof in the United States' legal system. Criminal cases, particularly
misdemeanors, move at a very fast pace since criminal defendants have a statutory right to be
brought to trial within 45 (calendar) days of arraignment (30 days if they are in custody).
The City Prosecutor is responsible for all stages of the criminal case including review, filing
charges, arraignment, pre-trial motions and hearings, settlement negotiations, trials, post-
adjudication hearings, probation hearings, and all appeals along the way.
It is standard practice for a prosecuting agency (whether a City Attorney/ City Prosecutor or
District Attorney) to have support staff, including a paralegal and an investigator. This support
staff is vital to run an effective prosecution unit. First, it allows for delegation of tasks that do not
require the work of an attorney. Tasks such as case intake, data entry, mailings, correspondence,
and other administrative jobs can be handled by support staff, freeing up the attorney to handle
more complex matters.
An adept and well-qualified paralegal is necessary also to meet the expectations of today's modern
prosecutorial requirements. The Paralegal's responsibilities will include:
• Prepare and draft legal memos and pleadings, perform legal research
• Obtain, review and process body worn camera, social media, and other technology
• Handle tasks such as case intake, data entry, mailings, correspondence, and other
administrative tasks
• During a trial, the Paralegal will make sure that cases are appropriately managed and
progressing
• Administer the Asset Forfeiture Program
• Assist with set-up and administration of diversion programs
Page 2 1 Measure A Citizens' Oversight Staff Report December 12, 2019
An investigator plays a critical role in preparing a case for trial and performs functions that the
attorney cannot. The City Attorney Investigator would be responsible for:
• Obtaining dockets/court records
• Gathering documentary evidence like taking photos, obtaining certified records, DMV
records, and criminal history
• Locating and serving civilian witnesses with subpoenas
• Posting and serving cease and desist notices
• Investigating businesses with the Secretary of State, Bureau of Cannabis Control & other
state agencies
Figure 2. Proposed Neighborhood Protection Unit Public Safety Expenditure Plan Staffin
Position FY19 FY20 I FY21 FY22 I FY23 Total
DEPUTY CITY ATTORNEY 111 1.0 1.0
PARALEGAL 1.0 1.0
CITY ATTORNEY INVESTIGATOR 1.0 1.0
The City Prosecutor is directly addressing public safety issues facing the City and acts as an
extension of the Police Department. The Prosecutor supports an outlined goal for the Police
Department to "Improve investigative capacity and follow up in all major investigative units to
maximize successful case resolution and provide better customer service to victims" [Public Safety
Staffing Strategies Report, 121912017]. In addition, the Neighborhood Protection Unit's mission
aligns with the Police Department's goal of addressing the growing impact of illegal and
unregulated cannabis sales.
In order to provide solid follow-through on criminal investigations, and to maximize successful
case resolution, the City Prosecutor, requires support and resources.
CURRENT YEAR FISCAL IMPACT
Adding one (1) Paralegal and one (1) City Attorney Investigator and amending the expenditure
budget in fiscal year 2019/2020 as indicated in the table below.
Cost Description
FY20
1 PARALEGAL
$119,326
1 CITY ATTORNEY INVESTIGATOR
$129,574
TOTAL FISCAL IMPACT
$248,900
The attorney position is already funded in this year's expenditure plan and City budget. For the
two additional positions, expected to be hired by March 2020, existing unprogrammed Measure A
revenues exist to fund these costs for the remainder of 19/20.
ONGOING FISCAL IMPACT
Page 3 1 Measure A Citizens' Oversight Staff Report December 12, 2019
The attachment entitled NPU Position Costing, shows the ongoing fiscal impact of the three NPU
positions over a ten-year period. Most recent projections of Measure A funds indicate that currently
unprogrammed Measure A revenues will be available to cover the personnel costs of the NPU. It
is currently expected that the City Attorney's budget will absorb any related supplies, materials
and support staff costs related to NPU operations.
Page 4 1 Measure A Citizens' Oversight Staff Report December 12, 2019
knowing the d ii e�`trvnpor£a` (
:ity to prosecute criminal cases, City Ath
exploring setting up a full fledged NPU
2018: Need to address illegal marijuana businesses trig
creation of Neighborhood Protection Unit by adding the
of City Prosecutor, Paralegal and Investigator to City B
To phase in resources when
funded out of Measure A "m
Current Status of the NPU:
"Stand Up" Phase Complete
City Attorney, City
Prosecutor and Deputy
City hires its first City City Attorney III
Prosecutor, Nicole deputized by the District
Carnahan Attorney First criminal case filed
I Aug. 2019i 1 -
,flet with PresidingJudge ge First criminal search First trial begins
and other South Bay warrant executed
stakeholders re: court
filings and procedures
3
Early Results
.` mmoot f
r urt
41
runt
,..✓ tea' - - ,`. ..� w
4
12/12/2019
N
Early Results
■ Executed 5 criminal search
warrants at 4 different
dispensaries and 1 residence
■ 10 people have been charged with
crimes
■ Recovered hundreds of thousands
in cash
■ Seized $60 million worth of
product
■ Recovered multiple firearms
■ 3 defendants have already pled
guilty, now on probation
Next Step: Transition to Full
Operations
■ Hire the necessary staff to implement a
full-service, fully functioning
Neighborhood Protection Unit
■ Advocate for hiring the necessary CVPD
resources to address illegal marijuana
businesses
■ Focus new resources on marijuana
enforcement and deterrence
■ Lay the groundwork for addressing other
quality of life crimes and public
nuisances
12/12/2019
3
At
Crime &
Disorder Issues
NPU "Minimum" Staffing
s
-Based on review of other models and jurisdictions and what
City Attorney's Office believed would be minimally necessary
■ Confirmed by newly hired Criminal Prosecutor
■ Three positions:
• Prosecutor
• Paralegal
• Investigator
8
12/12/2019
19
City Prosecutor
■ "Stand Up" and lead the Neighborhood Protection Unit
■ Work closely with the State, the District Attorney's Office, Chula
Vista Police Department and the community to help identify and
address crime and disorder
■ Help create and/or plug into existing diversion programs
■ Identify and pursue alternative funding sources
■ Ongoing community outreach and engagement
■ Act as the City's Criminal Prosecutor:
• Case review and filing charges, if appropriate
• Arraignment
• Pre-trial motions and hearings
• Settlement negotiations
• Conduct trial's
• Post -adjudication hearings
• Probation hearings
• Appeals
Paralegal
A well-qualified and effective Paralegal is necessary to meet the
demands and requirements of modern prosecution
■ Core Responsibilities
• Prepare and draft legal memos and pleadings, perform legal research
• Obtain, review and process body worn camera, social media, and
other technology
• Handle tasks such as case intake, data entry, mailings,
correspondence, and other administrative tasks
• Assist with trial support and management
■ Additional Responsibilities
• Administer the Asset Forfeiture Program
• Assist with set-up and administration of diversion programs
10
12/12/2019
11
Investigator
■ An investigator plays a critical role in preparing a case for trial and performs
functions that the attorney cannot
■ Core responsibilities:
• Obtaining dockets/court records
• Gathering documentary evidence like taking photos, obtaining certified
records, DMV records, and criminal history
Locating and serving civilian witnesses with subpoenas
Posting and serving cease and desist notices
• Investigating businesses with the Secretary of State, Bureau of Cannabis
Control & other state agencies
■ Added value: relieves already overburdened Police and Code Enforcement
departments
Position Costing
12
12/12/2019
1.1
FY20
IY23
FY22
FY23
FY24
FV2S
FY26
FY27
FY28
FY29
FYW
IrARALE6A1
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5
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52 1 CaMERS
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CITY_ ATT011NEY INVESTIGATOR
6001 Salinas
5
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S
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6214CAPERS-!lnfund d'�lbdlty
5
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OIYATFORNEYNVURGATOR :_ �.,':^,t s�";' i�5
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139.871 5
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OEPUTY C17Y A_ TTORNEY III
6001$alanel
5
166.211 5
169.535 5
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119.312 $
183,511 $
187.101 $
190.924 3
194,743 5
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702631
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5
15.390 5
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lub,hty 5
20399 5
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1138
OEPUFY CHYATIORNEY 111
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12
12/12/2019
1.1
Value of a Fully Operational NPU
• Quality of life offenses get the attention they deserve
• Deterrent effect for future offenders
• Increased volume and quality of outcomes in criminal cases
• Police department investigators freed up to focus on high-
priority, felony cases
• Ability to create/tap into restorative justice program(s)
• Enhanced community perception -and reality- of safety and
security in the community
13
Measure A as the Funding Source
• NPU directly addresses public safety issues in the City and functions
as an extension of the Police Department
• Directly advances primary goal for the police department to "Improve
investigative capacity and follow up in all major investigative units to
maximize successful case resolution and provide better customer
service to Victims" [Public Safety Staffing Strategies Report, 121912017]
• Aligns with City, Police Department and community priorities to
address the growing adverse impacts of illegal and unregulated
cannabis sales
• To be a sustainable the NPU requires a reliable long-term funding
source
14
12/12/2019
7
Timing is Critical
• NPU is currently at caseload
capacity
• Any new case or activation of
additional police resources
will negatively impact NPU
being able to meet the
demand
15
Request
RECOMMEND CITY COUNCIL APPROVAL OF
PROPOSED AMENDMENTS TO THE MEASURE A
INTENDED PUBLIC SAFETY EXPENDITURE PLAN
TO ADD THE POSITIONS OF PARALEGAL AND
INVESTIGATOR
16
12/12/2019
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