Title
RESOLUTION NO. 2014-013 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $80,000 TO THE ASSET SEIZURE FUND BASED ON UNANTICIPATED REVENUES (4/5 VOTE REQUIRED)
Body
RECOMMENDED ACTION
Recommended Action
Council adopt the resolution.
Body
SUMMARY
The Police Department is requesting to appropriate $80,000 to the supplies and services category of the Asset Seizure Fund for law enforcement equipment.
ENVIRONMENTAL REVIEW
This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary.
BOARD/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
The Comprehensive Crime Control Act of 1984 authorized federal officials to implement a national asset forfeiture program. The Department of Justice Asset Forfeiture Program is a nationwide law enforcement initiative that removes the tools of crime from criminal organizations, deprives wrongdoers of the proceeds of their crimes, recovers property that may be used to compensate victims, and deters crime. The most important objective of the Asset Forfeiture Program is law enforcement. Equitable sharing further enhances this law enforcement objective by 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. Department 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 outlined 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 $80,000 to the supplies and services category of the Asset Seizure Fund for miscellaneous law enforcement equipment and to fund a consultant to assist with the implementation of the Departments Mobile Data Computer (MDC) replacement. This consultant will coordinate the replacement of MDC’s which will also involve assisting City Information Technology staff on appropriate network security as well as installation of a new Automatic Vehicle Location (AVL) system for all patrol vehicles. Funding for MDC replacement as well as AVL installation has already been identified and is not part of this proposal.
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 California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. Staff is not independently 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.
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. Funds earned by the Asset Forfeiture Program supports the goal of Strong and Secure Neighborhoods by equipping law enforcement personnel with necessary resources in support of its primary focus of community policing.
CURRENT YEAR FISCAL IMPACT
Approval of this resolution will result in a one-time appropriation of $80,000 to the supplies and services category of the Asset Seizure Fund. The unanticipated revenues earned through the Asset Forfeiture Program will completely offset these costs, resulting in no net fiscal impact to the General Fund.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact. Purchases made from this appropriation action are one time expenditures.