HomeMy WebLinkAbout2015-09-22; City Council; 22084; Execution First Amendment to Board of State & Community Corrections Police Grant Funds AB109CITY OF CARLSBAD - AGENDA BILL
AB#
MTG.
DEPT.
22,084
09/22/15
POLICE
AUTHORIZING EXECUTION OF THE FIRST
AMENDMENTTO THE BOARD OF STATE &
COMMUNITY CORRECTIONS POLICE'GRANT
FUNDS MEMORANDUM OF AGREEMENT
AND ACCEPTING $27,665 FROM THE CITY OF
SAN DIEGO FOR AB109 ENFORCEMENT
DEPT.DIRECTOR
CITY ATTY.
CITY MGR.
RECOMMENDED ACTION:
Adopt Resolution No. 2015-235 authorizing the Interim Chief of Police to execute the First Amendment
to 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 $27,665 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 of this 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) was executed on Oct. 15, 2014 to systematically
allocate the funds to the jurisdictions. With the first amendment to the agreement, the City of San Diego
will receive $1,415,440 in Fiscal Year 2015-16 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 $27,665. 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 $27,665 from the City of San Diego. This amount is Carlsbad's share of
$1,415,440, based on a 50/50 allocation by population size and number of probationers. These funds will
be used bythe Police Department to conduct additional enforcement activity with regard to AB109
realigned offenders in the city. Staff will monitor use and expenditure ofthese funds.
DEPARTMENT CONTACT: Fiona Everett 760-931-2279 fiona.everett(5)carlsbadca.gov
FOR CLERK USE.
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUEDTO 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. 2015-235 authorizing the Interim Chief of Police to execute the First Amendment
to 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
$27,665 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
3. First Amendment to the Board of State and Community Corrections (BSCC) Police Grant Funds
Memorandum of Agreement
Exhibit 1
1 RESOLUTION NO. 2015-235
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING EXECUTION OF THE FIRST
AMENDMENT TO THE BOARD OF STATE & COMMUNITY
4 CORRECTIONS POLICE GRANT FUNDS MEMORANDUM OF
AGREEMENT AND ACCEPTING $27,665 FROM THE CITY OF SAN
5 DIEGO FOR AB109 ENFORCEMENT.
6
y WHEREAS, the State of California enacted AB109 in October 2011, a corrections
8 realignment plan, which transfers the responsibility for low-level prison inmates from the state
^ corrections system, to county/local systems; and
WHEREAS, in November 2012, California voters approved Proposition 30 which created a
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constitutional amendment to provide ongoing funding to counties, in order to counteract the
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risks associated with realigned offenders released locally; and
j4 WHEREAS, the Board of State and Community Corrections (BSCC) Police Grant Funds
15 Memorandum of Agreement between the County of San Diego, the City of San Diego, and San
Diego jurisdictions, was executed on Oct. 15, 2014 to systematically allocate the funds to
jurisdictions based on based on a 50/50 allocation by population size and number of
probationers, with a primary goal to monitor AB109 realigned offenders released offenders in
San Diego County; and
21 WHEREAS, the City of Carlsbad Police Department is one of the participating agencies in
22 the agreement; and
WHEREAS, the First Amendment to this Agreement will allow the City of San Diego to
distribute $1,415,440 received from the State for Fiscal Year 2015-16 to San Diego jurisdictions;
and
WHEREAS, Carlsbad's share of these funds will be used by the Police Department to
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1 NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Carlsbad, California,
as follows that:
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1. The above recitations are true and correct.
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2. The Interim Chief of Police is authorized to execute the First Amendment to the Board
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of State and Community Corrections Memorandum of Agreement.
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7 3. The City of Carlsbad will receive $27,665 from the City of San Diego. These funds will
8 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
$27,665 in grant funds from the City of San Diego to the General Fund to conduct
AB109 enforcement in the City of Carlsbad.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 22"'' day of September 2015, by the following vote to wit:
AYES:
NOES:
ABSENT:
Council Members Hall, Blackburn, Schumacher, Wood, Packard.
ATTEST:
BARBARA ENGLESON^g^y Clerk
(SEAL) S^^.^.
MEMORANDUM OF AGREEMENT .. ..
BETWEEN THE CITY OF SAN DIEGO, THE COTJNTY OF SAN DIEGO, ANO>y^
PARTICIPATING CITIES IN THE COUNTY OF SAN DIEGO, FOR
DISBURSING CALIFORNU BOARD OF STATE AIND COMMUNITY
CORRECTIONS (BSCC) POLICE GRANT FUlSDS AMONG THE PARTIES
THIS AGREEMENT is made and entefed into this day of DOh h^^ 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 California, has recognized the need for state suppoil; for local
law enforcement due to the steady erosion of funding for local poUce agencies over the
last several years; and
WHEREAS, the California Board of State and Community Corrections (BSCC), ia
consultation with tihe California Depaitnent of Fmance, is authorized to disburse grant
funds included in the Fiscal Year 2014-2015 Governor's Budget to specifically enable
front-line law enforcement intervention services; and
WHEREAS, the fimding awards were determined on an approved formula-based
allocation proposed by the California Police Chiefs' Association based on local need; and
WHEREAS, it is agreed that disbursement ofthese funds shall be the collective decision
ofthe local enforcement agencies within the county; and
WHEREAS, each authorized agent finds that the performance ofthis AGREEMENT is
in the best interests of all PARTIES, that the undertaking will beneflt the public, and that
tlie division of ftinds 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 jmisdictional general
citizen population estimates and estimates of AB-109 offenders in each respective
community; and
WHEREAS, the PARTIES agree that any additional fund allocation from BSCC or other
state entity with similar purpose, for the next five years, will be similarly disti'ibuted by
FISCAL AGENT,
NOW THEREFORE, FISCAL AGENT agi-ees to distribute from BSCC Police Grant
funds received, as follows:
Section 1. The PARTIES agree that fimd allocations will be calculated from a formula
that considers botli the percefltage of general population as determined by the Califomia
Department of Finance published as of January 1, 2012, and estimates of AB-109
offendei'S in each respective community, (Attachment 1.)
867774 Page 1 of 5
Section 2. The PARTIES agi-ee 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 fimds 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 funds 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. Notihmg 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 fimds.
Section 6. Each PARTY to this AGREEMENT is responsible for its own actions in the
acceptance and disbursement of funds tod for providing semces under this
AGREEMENT, and no PARTY shall be liable to aay 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 ofthis fimding, 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 ofthis AGREEMENT.
Section 9. By entering into this AGREEMENT, the PARTIES do not intend to create any
obligations, expressed or implied, other than those set foith herein.
Section 10. The term ofthis AQREEMENT is intended to be for the one time
disbursement of allocated funds; however all PARTIES agree that if additional fimding of
same or similar from BSCC or other similar state entity, with similar disbursement
guidelines, for aperiod not to ex.ceed five years fiom tbe date ofthis AGREEMENT, will
be handled in accordance with this AGREEMENT.
Section 11. Any disputes under this AQREEMENT 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 tills AGREEMENT is an
autiiorized agent of tihe respective jurisdiction and their signature and authority is bindmg
on the jurisdiction.
Section 13. This AGREEIVIENT 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 mstniment.
867774 Pag&2of5
CITY OFSAN DIEGO, CALLFORNIA
SIGNATUORB DATE
i I
CITY ATTORNEY FOR FISCAL AGENT
APPROVED AS TO FORM AND CORRECTNEiSS
SIGNATURE DATE LYndi L. Peter, Deputy City Attoraey
[Signatures of PARTIES on next page]
867774 Page 3 of 5
CITY OF CARLSBAD, CALIFORNIA
SIGNATURE DATE
CITY OF CHULA VISTA, CALIFORNIA
SIQNATURE DATE
CITY OF CORONADO, CALIFORNIA
SIGNATURE DATE
CITY OF EL CAJON, CALIFORNIA
Gary Morrison, Chief of Police
SIGNATURE DATE Jim Redman, Cmef of Police
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, CALIFORMA
CITY OF SOLANA BEACH, CALIFORNIA
CITY OF VISTA, CALIFORNIA
SIGNATURE DAT
CITY OF ESCONDIDO, CALIFORNIA
SIQNATURE DATE
CITY OF LA MESA, CALIFORNLE
SIGNATURE DAtE '
CITY OF NATIONAL CITY, CALIFORNIA
SIQNATURE DATE
CITY OF OCEANSIDE, CALIFORNIA
SIGNATURE
867774
DATE
Bill Gore, SherifT
Cralg Carter, Chief of Police
Manuel Rodriguez, Chief of PjjlifSe
Frank S. McCoy, Chief of Police
Page 4 of 5
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Attachment 1
Board of State and Community Corrections Fiscal Year 2014/2015 Police Grant Funds Disbursement 3 - Summary
Jurisdiction Law Enforcement Probationers Population Final Allocatk
Agency Allocation Allocation
aty of Carlsbad Carlsbad PD $16,510 $97,633 $57,072
City of Chula Vlsta Ctiula Visla PD $119,382 $226,993 $173,188
City of Coronado Coronado PD $1,270 $20,754 $11,012
City of San Diego San Dlego PD $985,537 $1,192,747 $1,139,142
County of San Dlego San Dlego Slierlff $1,104,920 $816,244 $910,582
City of El Cajon Ei Cajon PD $193,043 $89,734 $141,389
City of Escondido Escondldo 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, Encinitas, Imperial Beach, Lemon Grove, Poway,. San Marcos, Santee, Solana Beach, and Vlsta are
Included In the County of San Dlego allocation
Rnal allocation based on 1/2 the allocation derived from percentages of population and probationers,
County of San Dlego(Sh6rlff)allocatlon indudes Balance of County, out of County, and No Known City Figures,
$50,000 of county cf San Dlego (SherlfO allocation has been designated for Qty of San Dlego,
Friday, September 6, 2014
Prepared by: SDPD Administrative Services
867774 Page 5 of 5
10
FIRST AMENDMENT TO 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 FIRST AMENDMENT TO THE AGREEMENT is made and entered into this
day of 2015, 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), actmg by and through their
respective law enforcement agencies and authorized representative(s) from those
agencies.
RECITALS
WHEREAS, the FISCAL AGENT and the PARTIES entered into an AGREEMENT,
dated October 15,2014, for the purpose of allocating BSCC PoUce Grant fiinds and
disbursing those funds; and
WHEREAS, the FISCAL AGENT and the PARTIES wish to amend the AGREEMENT
to address disbursement of BSCC Police Grant funds for Fiscal Year 2015 through 2016.
TERMS
1. Section 1 of the AGREEMENT is amended in part, to read as follows:
Section 1. The PARTIES agree that fimd 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, 2015, and estimates of
AB-109 offenders in each respective community. (Attachment 1.)
2. Section 13 of the AGREEMENT is amended in part, to read as follows:
Section 13. This First Amendment 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 instmment.
3. This First Amendment will be effective when signed by all the PARTIES and
approved by the City Attomey for the FISCAL AGENT.
4. All provisions of the AGREEMENT not addressed in this First Amendment remain in
full force and effect.
[The remainder of this page has been intentionally left blank]
1094269 Page 1 of 4
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CITY OF SAN DIEGO, CALIFORNIA
Shelley Zimmerman, Chief of Police
APPROVED AS TO FORM
FOR FISCAL AGENT
JAN 1. GOLDSMITH, CITY ATTORNEY
Date
Linda L. Peter, Deputy City Attomey Date
COUNTY SHERIFF OF SAN DIEGO, CALIFORNL\
REPRESENTING LAW ENFORCEMENT FOR
COUNTY OF SAN DIEGO, CALIFORNIA
CITY OF DEL MAR, CALIFORNIA
CITY OF ENCmiTAS, 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, CALIFORNU
Bill Gore, Sheriff
CITY OF CARLSBAD, CALIFORNLV
Neil Gallucci, Interim Chief of Police
CITY OF CHULA VISTA, CALIFORNIA
Date FORM
PAOLG. EDAXDNSON
SL Assistant City Attomey
CityofCarlsbad
Date
David Bejarano, Chief of Police
CITY OF CORONADO, CALIFORNIA
Date
Jon Froomin, Chief of Police Date
1094269 Page 2 of 4
CITY OF EL CAJON, CALIFORNIA
Jim Redman, Chief of Police Date
CITY OF ESCONDIDO, CALIFORNIA
Craig Carter, Chief of Police Date
CITY OF LA MESA, CALIFORNIA
Walt Vasquez, Chief of PoUce Date
CITY OF NATIONAL CITY, CALIFORNU
Manuel Rodriguez, Chief of PoUce Date
CITY OF OCEANSIDE, CALIFORNIA
Frank McCoy, Chief of Police Date
1094269 Page 3 of 4
FIRST AMENDMENT TO MEMORANDUM OF AGREEMENT
Attachment 1
Board of State and Community Corrections Fiscal Year 2015/2016 Police Grant Funds Disbursement - Summary
Jurisdiction Law Enforcement Probationers Population Allocation Final Allocal
Agency Allocation
City of Carlsbad Carlsbad PD $6,802 $48,528 $27,665
City of Chula Vista Chula Vista PD $58,745 $113,143 $85,944
City of Coronado Coronado PD $618 $10,305 $5,462
City of San Diego San Diego PD $486,036 $599,972 $593,004
County of San Diego San Diego Sheriff $565,187 $407,084 $436,135
City of El Cajon El Cajon PD $92,755 $44,489 $68,622
City of Escondido Escondido PD $74,204 $64,597 $69,400
City of La l^esa La Mesa PD $14,841 $25,793 $20,317
City of National City National City PD $49,469 $26,238 $37,853
City of Oceanside Oceanside PD $66,784 $75,292 $71,038
Total $1,415,440 $1,415,440 $1,415,440
Notes:
Population allocations for Cities of Del Mar, Encinitas, Imperial Beach, Lemon Gnjve, Poway, San Marcos, Santee, Solana Beach, and Vista are
included In the County of San Diego allocation.
Rnal 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 Rgures.
$50,000 of County of San Diego (Sheriff) allocation has been designated for City of San Diego.
Tuesday, August 25, 2015
Prepared by; SDPD Administrative Services
1094269 Page 4 of 4
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