HomeMy WebLinkAbout1985-11-19; City Council; 8404; Acceptance Seized and Forfeited Property Federal Comprehensive Control Act 1984I
AB# fL./04/
MTG.ll-l'l-85
DEPT . ....:.P...::..:OL __
TITLE:
ACCEPTANCE OF SEIZED AND FORFEITED PROPERTY -
FEDERAL COMPREHENSIVE CONTROL ACT OF 1984
RECOMMENDED ACTION:
CITY ATT,=~=
CITY MGR-~
City Council adopt Resolution No. f~4 ':{ accepting property for police department
use that was seized in accordance with the Federal Comprehensive Control Act of 1984.
ITEM EXPLANATION:
On October 12, 1984, President Reagan signed into law the Comprehensive Control
Act of 1984. This law provides for the distribution of federally seized property
to law enforcement agencies who participated in the investigation in which the
prcperty was seized. The property is property that has been forfeited by those
who acquired it for use, uses it for the purpose of, or is the resultant profit
of illegal activity.
The Federal Drug Enforcement Administration, San Diego Narcotics Task force and
Carlsbad Police Department were jointly involved in an investigation that resulted
in the forfeiture of several vehicles. The authorities responsib1e have advised
that a 1985 GMC Suburban has been designated as Carlsbad Police Department 1 s portion
of the seizure (value, approximately $25,000).
The intent of the police department is tou~e this vehicle as the first piece of
equipment in the future vice and narcotic unit. The police department is currently
in process of developing the request for additional resources to work entirely in
vice and narcotic control. The vehicle will be used primarily by the investigations
unit, especially during undercover or stake-out conditions.
FISCAL IMPACT:
The fiscal impact will consist of ownership transfer fees and annual operational
and maintenance costs. The estimated annual cost is approximately $3000. No
additional funds are being requested.
EXHIBITS:
1. Resolution No. f:o?G, '-f
Cl 2. Report from Chief of Police
IJJ > 0 c:: a..
0..
c::;C
z
0
~
...I u z ::,
0
0
I
OCTOBER 30, 1985
TO:
FROM:
CITY MANAGER
Police Chief
COMPULSIVE CONTROL ACT OF 1984 -SEIZED AND/OR FORFEITED VEHICLE
Purpose
The purpose of this report is to explain the Comprehensive Control Act of 1984,
request approval for accepting a 1985 GMC Suburban vehicle and describe how the
vehicle will be used.
Recommendation
Approve the application for transfer of federal forfeited property (1995 GMC
Suburban). Request the City Council to adopt a resolution accepting the property,
authorize the Chief of Police to have the ownership transferred to the City of
Carlsbad, authorize the Chief of Police to cover the remainder of FY 1985-86
maintenance and operational costs from the current budget amounts and assign
the vehicle to the police department for use as an unmarked vehicle.
Item Explanation
New federal law now authorizes the seizing and forfeiture of property acquired
for use in, utilized in, or the resultant profit for illegal activities. The law
also authorizes the Attorney General of the United States to distribute this
property to federal, state and local dgencies who participated in the investigation
in which the property was seized.
The law 1 s intent is to penalize those participating in illegal activities by
taking the property of those illegal activities and using it to enhance law
enforcements' capabilities to combat illegal activity through sharing. The law
is intended to enhance or create new capabilities, not take the place of already
authorized programs and expenditures. The law also goes on the require that all
property that is shared through this program be used directly for and only for
law enforcement purposes.
The law provide~ that the local agency when accepting seized property also accept
costs for transfer of title, existing liens, mortgages, fees and maintenance and
operations.
The police department has applied for a 1985 GMC Suburban (VIN No. 1G56K1MOFF579657)
valued at approximately $25,000. This vehicle has a clear title, no liens or
mortgages and has only a small storage fee against it. The vehicle has extremely
low mileage and it was acquired for criminal activity just a few weeks prior to
seizure.
/
..,_
The police department is requesting this vehicle as part of its investigations
division unmarked fleet. It is intended to be used for undercover operations,
a raid transportation vehicle and for general po.lice operations transportation.
The police department is currently working on a request for the establishment of
a vice and narcotic unit assigned under the direction of the investigations
lieutenant. This vehicle would be the first piece of equipment to be assigned
to that end.
The acquisition of this item would definitely enhance the law enforcement
capabilities. It not only provides a non-traditional vehicle, but also a
vehicle that can be used in many different ways within the police department.
The fiscal impact is minimal. The vehicle is clear of title and would have to
have the ownership registered with the Department of Motor Vehicles. A small
tow and storage fee is currently owed and it would ~ost approximately $1000 to
$1500 annually to maintain and operate. Annually, it is estimated that it would
cost approximately $3000 to operate. Currently, the police department could transfer
funds within its own budget to support the cost for FY 1985-86.
Conclusion
The City Cour.cil authorize the acceptance of this vehicle, put it into service
at a cost of $1000 to $1500 for FY 1985-86 (approximately $3000 annually there-
after) and receive a vehicle valued at $25,000 that has many different uses. The
only other alternative would be to ~ithdraw the request for the vehicle.
It should be noted that several cities and the County of San Diego are currently
processing property requests and accepting property pursuant to this law. If
Carlsbad withdraws its request, one of the other agencies will probably acquire
this particular piece of property.
VINCENT JIMNO
POLICE CHIEF
1
2
3
4
5
RESOLUTION NO. 8264 -~"------
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA ACCEPTING A SEIZED AND
FORFEITED 1985 GMC SUBURBAN IN ACCORDANCE WITH
THE COMPREHENSIVE CONTROL ACT OF 1984
WHEREAS, the United States Department of Justice has indicated that the
6 Carlsbad Police Department is designated to be the recipient of a 1985 GMC
7 Suburban seized and forfeited under the provision of the Comprehensive Control
8 Act of 1984 and,
9 WHEREAS. the City Coun~il recognizes that the intent of the law is to
10 enhance law enforcement capability through the sharing of property seized and
11 forfeited under the act when the property was seized as part of an investigation
12 from individuals who acquired the ptoperty for use in, used it for the purpose
13 of, or was the resultant profit of illegal activity and,
14 WHEREAS, the City Council agrees to accept the property to be assigned to
15 and used by the police department and,
16 WHEREAS, the City Council recognizes that the addition of this property
17 will be an enhancement of the police department's current capabilities and
18 cannot be used to supplant already authorized expenditures and,
19 WHEREAS, the City Council recognizes that the vehicle's title is clear and
20 I the City assumes responsibility of annual maintenance and operation, a short
21 duration of storage and transfer of ownership fees and,
22
23
WHEREAS, the City Council wishes to accept this vehicle;
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Carlsbad
24 as follows:
25
26
27
28
1. That the City Council accept the 1985 GMC Suburban on behalf of the
citizens of the City of Carlsbad.
II ........
1 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
2 of the City of Carlsbad held the 19th day of November
3 the following vote, to wit:
4
5
6
7
8
AYES: Council Members Lewis, Kulchin, Chick and Pettine
NOES: None ,'f
ABSENT: Council Member Casler t/
1/,
;, MARY .
, 1985, by
g ATTEST: CLAUDE A. LEWIS, Mayor Pro-Tern
10
11 ~'-R~
ALETHA L. RAUTENKRANZ, City Clerk\
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(SEAL)
.,