Loading...
HomeMy WebLinkAbout2014-10-07; City Council; 21753; Execution Board of State & Community Corrections Police Grant Funds Memorandum of Agreement, Accepting Funds from City of San Diego for AB109 EnforcementCITY OF CARLSBAD - AGENDA BILL AB# 21,753 AUTHORIZING EXECUTION OF THE BOARD OF STATE & COMMUNITY CORRECTIONS POLICE GRANT FUNDS MEMORANDUM OF AGREEMENT AND ACCEPTING FUNDS OF $57,072 FROM THE CITY OF SAN DIEGO FOR AB109 ENFORCEMENT DEPT.DIRECroR ^^^SAj^ CITY ATTY. ^^^E^ MTG. 10/07/14 AUTHORIZING EXECUTION OF THE BOARD OF STATE & COMMUNITY CORRECTIONS POLICE GRANT FUNDS MEMORANDUM OF AGREEMENT AND ACCEPTING FUNDS OF $57,072 FROM THE CITY OF SAN DIEGO FOR AB109 ENFORCEMENT DEPT.DIRECroR ^^^SAj^ CITY ATTY. ^^^E^ DEPT. POLICE AUTHORIZING EXECUTION OF THE BOARD OF STATE & COMMUNITY CORRECTIONS POLICE GRANT FUNDS MEMORANDUM OF AGREEMENT AND ACCEPTING FUNDS OF $57,072 FROM THE CITY OF SAN DIEGO FOR AB109 ENFORCEMENT CITY MGR. ^ RECOMMENDED ACTION: Adopt Resolution No. 2014-237 authorizing the Chief of Police to execute the Board of State and Community Corrections (BSCC) Police Grant Funds Memorandum of Agreement, a regional law enforcement agreement to use shared funds from the State of California to enforce AB109, and authorizing the Administrative Services Director to accept and appropriate $57,072 from the City of San Diego to conduct AB109 enforcement in the City of Carlsbad, ITEM EXPLANATION; In October 2011, the State of California enacted AB109, a corrections realignment plan, which transfers the responsibility for low-level prison inmates from the state corrections system, to county/local systems. In November 2012, California voters approved Proposition 30 which created a constitutional amendment to provide ongoing funding to the counties for the realignment plan. The amendment prohibits the Legislature from reducing or removing funding to the counties. As a result ofthis legislation, the City of San Diego receives money from the State of California to be shared among San Diego County jurisdictions. A Board of State and Community Corrections (BSCC) Police Grant Funds Memorandum of Agreement (Exhibit 2) has been drafted to systematically allocate the funds to the jurisdictions. The City of San Diego received $2,830,880 in Fiscal Year 2014-15 for distribution. Allocation is based 50 percent on population and 50 percent on number of probationers in the jurisdiction. The City of Carlsbad Police Department will receive $57,072. These funds will be used by the Police Department to conduct additional enforcement activity with regard to AB109 realigned offenders in the city. FISCAL IMPACT: The City of Carlsbad will receive $57,072 from the City of San Diego. This amount is Carlsbad's share of $2,830,880 received, based on a 50/50 allocation by population size and number of probationers. These funds will be used by the Police Department to conduct additional enforcement activity with regard to AB109 realigned offenders in the city. Staff will monitor use and expenditure of these funds. DEPARTMENT CONTACT: Fiona Everett 760-931-2279 fiona.everett@carlsbadca.gov FOR CLERK USE COUNCIL AaiON: APPROVED CONTINUEDTO DATE SPECIFIC • DENIED CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER - SEE MINUTES • AMENDED • REPORT RECEIVED • ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. EXHIBITS: 1. Resolution No. 2014-237 authorizing the Chief of Police to execute the Board of State and Community Corrections (BSCC) Police Grant Funds Memorandum of Agreement, a regional law enforcement agreement to use shared funds from the State of California to enforce AB109, and authorizing the Administrative Services Director to accept and appropriate $57,072 from the City of San Diego to conduct AB109 enforcement in the City of Carlsbad. 2. Board of State and Community Corrections (BSCC) Police Grant Funds Memorandum of Agreement 1 RESOLUTION NO. 2014-237 3 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING EXECUTION OF THE BOARD OF STATE & COMMUNITY CORRECTIONS POLICE GRANT FUNDS 4 MEMORANDUM OF AGREEMENT AND ACCEPTING FUNDS FROM THE CITY OF SAN DIEGO FOR AB109 ENFORCEMENT IN CARLSBAD. 5 " ^ WHEREAS, the State of California enacted AB109 in October 2011, a corrections 7 realignment plan, which transfers the responsibility for low-level prison inmates from the state 8 corrections system, to county/local systems; and 9 WHEREAS, in November 2012, California voters approved Proposition 30 which created a 11 constitutional amendment to provide ongoing funding to the counties for realignment; and 12 WHEREAS, the City of San Diego received $2,830,880 from the State of California to be 13 shared among San Diego County jurisdictions for Fiscal Year 2014-15; and 14 WHEREAS, the Board of State and Community Corrections Fiscal Year 2014-15 Police 15 Grant Funds agreement has been drafted between San Dlego County law enforcement agencies, 16 to allocate the Fiscal Year 2014-15 funds to jurisdictions based on based on a 50/50 allocation by 18 population size and number of probationers, with a primary goal to monitor AB109 realigned ^9 offenders released offenders in San Diego County; and WHEREAS, the City of Carlsbad Police Department will be one ofthe participating agencies In the agreement; and WHEREAS, Carlsbad's share of these funds will be used by the Police Department to 20 21 22 23 24 conduct additional enforcement activity in the City of Carlsbad, 25 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows that: 27 1. The above recitations are true and correct. 28 " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. That the Chief of Police Is authorized to execute any and all documentation associated with the Board of State and Community Corrections Fiscal Year 2014-15 Police Grant Funds agreement, which is designed to counteract the risks associated with realigned offenders released into San Dlego County. 3. The City of Carlsbad will receive $57,072 from the City of San Diego. These funds will be used by the Police Department to conduct additional enforcement activity with regard to AB109 realigned offenders in the city. 4. That the Administrative Services Director is authorized to accept and appropriate $57,072 In grant funds from the City of San Diego to the General Fund to conduct AB109 enforcement In the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council ofthe City ofCarlsbad on the 7th day of October 2014, by the following vote to wit: AYES: Council Members Hall, Packard, Wood, Schumacher, Blackburn. NOES: None. ABSENT: NOne. ATTEST: 'i^A^ENGLESON, CMi Clerk 'l, ^ tV^ MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN DIEGO, THE COUNTY OF SAN DIEGO, AND PARTICIPATING CITIES IN THE COUNTY OF SAN DIEGO, FOR DISBURSING CALIFORNIA BOARD OF STATE AND COMMUNITY CORRECTIONS (BSCC) POLICE GRANT FUNDS AMONG THE PARTIES THIS AGREEMENT is made and entered into this day of 2014, by and between the City of San Diego, Califomia, herein referred to as FISCAL AGENT, and the County of San Diego, and the cities of Carlsbad, Chula Vista, Coronado, El Cajon, Escondido, La Mesa, National City, and Oceanside, (referred to collectively as the PARTIES), acting by and through their respective law enforcement agencies and authorized representative(s) from those agencies. WHEREAS, the State of Califomia, has recognized the need for state support for local law enforcement due to the steady erosion of fimding for local police agencies over the last several years; and WHEREAS, the Califomia Board of State and Community Corrections (BSCC), in consultation with the Califomia Department of Finance, is authorized to disburse grant fiinds included in the Fiscal Year 2014-2015 Govemor's Budget to specifically enable front-line law enforcement intervention services; and WHEREAS, the funding awards were determined on an approved formula-based allocation proposed by the Califomia Police Chiefs' Association based on local need; and WHEREAS, it is agreed that disbursement of these funds shall be the collective decision of the local enforcement agencies within the county; and WHEREAS, each authorized agent finds that the performance of this AGREEMENT is in the best interests of all PARTIES, that the undertaking will benefit the public, and that the division of funds fairly allocates amounts to the PARTIES in accordance with the intended purpose of the grant; and WHEREAS, the PARTIES agree it is in their best interest to systematically allocate BSCC Police Grant funds, and agree to an allocation based on jurisdictional general citizen population estimates and estimates of AB-109 offenders in each respective community; and WHEREAS, the PARTIES agree that any additional fimd allocation from BSCC or other state entity with similar purpose, for the next five years, will be similarly distributed by FISCAL AGENT. NOW THEREFORE, FISCAL AGENT agrees to distribute from BSCC Police Grant funds received, as follows: Section 1. The PARTIES agree that fiind allocations will be calculated from a formula that considers both the percentage of general population as determined by the Califomia Department of Finance published as of January 1, 2012, and estimates of AB-109 offenders in each respective community. (Attachment 1.) 867774 Page 1 of 5 Section 2. The PARTIES agree that the County will forego $50,000 of its allocation and will designate that amount to the City of San Diego. Section 3. The PARTIES agree that the City of San Diego shall serve as FISCAL AGENT only for the receipt and then disbursement of fiinds in accordance with this AGREEMENT, and that no other legal relationship or agency is intended. Section 4. The PARTIES agree to use the BSCC Police Grant fiinds in accordance with the collective agreement (majority) of the San Diego Police Chiefs' and Sheriffs Association to enable front-line law enforcement intervention services. Section 5. Nothing in the performance of this AGREEMENT shall impose any liability for claims against the FISCAL AGENT or any PARTY relating to the disbursement and spending of fiinds. Section 6. Each PARTY to this AGREEMENT is responsible for its own actions in the acceptance and disbursement of fiinds and for providing services under this AGREEMENT, and no PARTY shall be liable to any other PARTY for any liability that may arise from acts under this AGREEMENT. Section 7. Each PARTY to this AGREEMENT is responsible for maintaining official records or documents accounting for the receipt and use of this funding, and shall make those records available to any state official requesting to review such documents. Section 8. The PARTIES to this AGREEMENT do not intend for any third party to obtain a right by virtue of this AGREEMENT. Section 9. By entering into this AGREEMENT, the PARTIES do not intend to create any obligations, expressed or implied, other than those set forth herein. Section 10. The term of this AGREEMENT is intended to be for the one time disbursement of allocated fiinds; however all PARTIES agree that if additional fimding of same or similar from BSCC or other similar state entity, with similar disbursement guidelines, for a period not to exceed five years from the date of this AGREEMENT, will be handled in accordance with this AGREEMENT. Section 11. Any disputes under this AGREEMENT in reference to disbursement shall be adjudicated through the collective (majority) decision of the San Diego Police Chiefs' and Sheriffs Association, Section 12. Each PARTY affirms that the signatory to this AGREEMENT is an authorized agent of the respective jurisdiction and their signature and authority is binding on the jurisdiction. Section 13. This AGREEMENT may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. 867774 Page 2 of 5 CITY OF SAN DIEGO, CALIFORNIA SIGNATURE DATE Shelley Zimmerman, Chief of Police CITY ATTORNEY FOR FISCAL AGENT APPROVED AS TO FORM AND CORRECTNESS SIGNATURE DATE Linda L. Peter, Deputy City Attomey [Signatures of PARTIES on next page] 867774 Page 3 of 5 CITY OF CARLSBAD, CALIFORNIA SIGNATURE DATE CITY OF CHULA VISTA, CALIFORNIA Gary Morrison, Chief ofPolice SIGNATURE DATE CITY OF CORONADO, CALIFORNIA David Bejarano, Chief ofPolice SIGNATURE DATE CITY OF EL CAJON, CALIFORNIA Jon Froomin, Chief ofPolice SIGNATURE DATE Jim Redman, Chief ofPolice COUNTY SHERIFF OF SAN DIEGO, CALIFORNIA REPRESENTING LAW ENFORCEMENT FOR COUNTY OF SAN DIEGO, CALIFORNIA CITY OF DEL MAR, CALIFORNIA CITY OF ENCINITAS, CALIFORNIA CITY OF IMPERIAL BEACH, CALIFORNIA CITY OF LEMON GROVE, CALIFORNIA CITY OF POWAY, CALIFORNIA CITY OF SAN MARCOS, CALIFORNIA CITY OF SANTEE, CALIFORNIA CITY OF SOLANA BEACH, CALIFORNIA CITY OF VISTA, CALIFORNIA TOFORM »=^DMONSON Assistant City Attomey City of Carisbad SIGNATURE DATE CITY OF ESCONDIDO, CALIFORNIA Bill Gore, Sheriff SIGNATURE DATE CITY OF LA MESA, CALIFORNIA Craig Carter, Chief of Police SIGNATURE DATE CITY OF NATIONAL CITY, CALIFORNIA Ed Aceves, Chief of Police SIGNATURE DATE CITY OF OCEANSIDE, CALIFORNIA Manuel Rodriguez, Chief ofPolice SIGNATURE 867774 DATE Frank S. McCoy, Chief of Police Page 4 of 5 Attachment 1 Board of State and Community Corrections Fiscal Year 2014/2015 Police Grant Funds Disbursement 3 - Summary Jurisdiction Law Enforcement Probationers Population Final Allocatic Agency Allocation Allocation City of Carlsbad Carlsbad PD $16,510 $97,633 $57,072 City of Chula Vista Chula Vista PD $119,382 $226,993 $173,188 City of Coronado Coronado PD $1,270 $20,754 $11,012 City of San Diego San Diego PD $985,537 $1,192,747 $1,139,142 County of San Diego San Diego Sheriff $1,104,920 $816,244 $910,582 City of El Cajon El Cajon PD $193,043 $89,734 $141,389 City of Escondido Escondido PD $158,753 $130,363 $144,558 City of La Mesa La Mesa PD $38,101 $52,082 $45,091 City of National City National City PD $97,792 $52,624 $75,208 City of Oceanside Oceanside PD $115,572 $151,704 $133,638 Total $2,830,880 $2,830,880 $2,830,880 Notes: Population allocations for Cities of Del Mar, Endnitas, Imperial Beach, Lemon Grove, Poway, San Marcos, Santee, Solana Beach, and Vista are included in the County of San Diego allocation Final allocation based on 1/2 the allocation derived from percentages of population and probationers. County of San Diego (Sheriff) allocation includes Balance of County, Out of County, and No Known City Figures. $50,000 of County of San Diego (Sheriff) allocation has been designated for City of San Diego. Friday, September 5, 2014 Prepared by; SDPD Administrative Services 867774 Page 5 of 5