Item 26 - Law Enforcement Forfeited Property and Assets Program
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AGENDA REPORT SUMMARY
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TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Man~ . ^
INITIATED BY: John D. Fitch, Assistant City ManageH i t ~ \
Mark A. Sanchez, Director of Safety Slrvice
DATE: August 1, 1995
SUBJECT: lAW ENFORCEMENT FORFEITED PROPERTY AND ASSETS PROGRAM
ABSTRACT
Ordinance No. 309, establishing a law enforcement forfeited properly and assets program, requires the
monies received from the sale of any forfeited tangible property, or other asset covered by this ordinance, be
used by the City exclusively for law enforcement purposes.
ENVIRONMENTAL REVIEW
Not subject to CEQA guidelines.
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FISCAL IMPACT
None,
ADDmONAL PUBliC NOTIFICATION
None.
RECOMMENDATION
It is recommended that the City Council appropriate $11,800 from the Asset Seizure Account (718-7887)
and authorize staff to purchase equipment for law enforcement use.
ACTION
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AUG 1 1995 ITEM 26
1 of 3
AGENDA REPORT
CITY OF POW A Y
This report is included on the Consent Calendar. There will be no separate discussion of the report prior to approval by the
City Council unless members of the Council. staff or public request It to be removed fr?~ ~e ~onsent Calendar and
discussed separately. If you wish to have this report pulled for discussion, please fill out a slip IndIcating the report number
and give it to the City Clerk prior to the beginning of the City Council meeting.
TO: The Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Man~ ^
INITIATED BY: John D. Fitch, Assistant City Manage~'I#
Mark A. Sanchez, Director of Safety Se i
DATE: August I, 1995
SUBJECT: LAW ENFORCEMENT FORFEITED PROPERTY AND ASSETS
PROGRAM
BACKGROUND
In June 1989, the City Council approved a five-year law enforcement contract with the County of
San Diego. One of the provisions of this contract was that forfeited property and assets would
become the property of the City rather than the County.
In order for the City of Poway to be able to accept forfeited property and assets, Ordinance No. 309
was adopted, establishing a Law Enforcement Forfeited Property and Assets Program, requiring the
monies received from the sale of any forfeited, tangible property or other asset covered by this
ordinance, be used by the City exclusively for law enforcement purposes, conforming to state and
federal laws.
FINDINGS
The Sheriff's Department has been involved in the federal asset forfeiture program for a number of
years, and over the past several years has distributed asset forfeiture funds proportionately to those
contract cities which have been involved in the program.
In March 1994, new federal guidelines were initiated which are more stringent than those previously
issued, It is now required that there be an annual audit of all asset forfeiture funds. In accordance
with this requirement, the County will be auditing contract cities' asset forfeiture funds, along with
the Sheriff's, in the near future. The audit will be retroactive to 1991.
Additionally, due to the new guidelines, the actual funds will no longer be transferred to the contract
cities. Rather, a separate fund account will be created within the Sheriff's Department, for each city.
Interest earnings will be accredited to each individual account and the records of these accounts will,
of course, be available for review by each city. Although specific details have not been worked out
yet, each participating city will continue to determine how and where their individual portion of the
funds will be expended.
ACTION:
2 of 3 AUG 1 1995 ITI;~ ~6 I
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Agenda Report
August 1, 1995
Page 2
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The City of Poway has $15,550 of asset seizure funds available. The Sheriff's Department has
requested to purchase three lap top computers to be utilized by deputies and community service
officers. The notebook personal computers include "Active Matrix" displays, allowing for use in
high glare environments and include adapters to be utilized as power sources from the Sheriff's
vehicles.
FISCAL IMPAIT
None.
ADDmONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
None.
ENVIRONMENTAL REVIEW
Environmental review is not required for this item under California Environmental Quality Act
guidelines.
RECOMMENDATION
It is recommended that the City Council appropriate $11,800 from the Asset Seizure Account (718-7887)
and authorize staff to purchase equipment for law enforcement use.
JLB:IDF:MAS:mjl
30f3 AUG 1 1995 ITEM 26 I