HomeMy WebLinkAbout1986-01-07; City Council; 8451; ACCEPTANCE PROCEDURE FOR SEIZED AND FORFEITED ASSETSe *.I
(3 u > 3 E Ill. a ;E3:
.. z o E a
$
8
z 3
ClTYF CARLSBAD - AGENDWlLL
AB#Z?YS5l- TITLE: ACCEPTANCE PROCEDURE FOR SEIZED AND
MTG. 1/7/86 FORFEITED ASSETS
DEPT.~OLTTCE
RECOMMENDED ACTION:
City Council adoDt Resolution No. r.34/ authorizing the Chief
of Police to apply on a continuous basis for the city's share of
seized and forfeited assets and for the City Attorney to sign
accompanying documents indicating the city's legal position for
accepting such assets.
ITEM EXPLANATION:
DEPT. I
CITY A
CITY M
On Octo 12, 1984, President Reagan signed into law the Cornmehen
sive Crime Control Act of 1984. This law Drovides for the
distribution of federally seized and forfeited assets to law enforcement agencies who participated in the investigation which resulted in the asset seizure. The assets consist of cash, real proDerty and conveyances that have been forfeited by those who
acquired it for use, use it €or the purposes of, or is the resuli profit from illegal activity. The State of California has similai statutes as well.
The Carlsbad Police DeDartment particinates on a continuing basi:
in investigations resulting in forfeited assets. The Chief of
Police intends to apDly for the city's share of seized and for-
feited assets on a continuous basis. Each application will be
brought before the City Corxicil for final a-onroval before accegt-
ance is comleted.
On 11-19-85 the City Council accepted our first forfeited item w'r
resolution No. 1985 GNC Suburban as a result of that resolution.
A sDecial account has been designated through the Finance Departn for anticipated cash asset forfeitures.
Should the council decline to pursue asset forfeitures the city's share of such resources will be claimed and utilized by other lak
enforcement agencies involved with the seizure.
FISCAL INPACT:
There would be certain fiscal impacts for the operation, 1-icensin
and maintenance of acquired conveyances. Anticipated sharing of forfeited cash assets should more then offset any expenditures.
EXHIBITS:
8264 was oassed. The Police Department acquired a
1. Resolution NO. ~32 I
I
+
1
2
3
4
5
6
7
8
9
10
11
12
a 8 m 13 A8 u= 3 7a
o-,=,z 0 w4 14
Cj!o$u o>>a zta!k
u yza JO
I-GU z - ,zSS 16 o~cm fO Cn '5 $ 17
D
15
>-o k
e 0
RESOLUTION NO. 8321
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POLICE AND CITY ATTORNEY TO APPLY FOR FORFEITED
CONTROL ACT OF 1984.
CARLSBAD, CALIFORNIA AUTHORIZING THE CHIEF OF
- ASSETS PURSUANT TO THE COMPREHENSIVE CRIME
WHEREAS, the Comprehensive Crime Control Act of 19
provides for the distribution of federally seized and forfe
assets to law enforcement agencies which participate in the
investigation which resulted in the asset seizure; and
WHEREAS, the Carlsbad Police Department participat
a continuing basis, in investigations which can result in
forfeited assets under said Act; and
WHEREAS, because of the nature of the police work
involved the opportunities to apply on behalf of the City i
on short notice basis which does not allow sufficient time
bring each item to the City Council in advance; and
WHEREAS, the City Council has determined that the
interest requires that the Council authorize the Chief of I
and the City Attorney to take any steps necessary to apply 0 18
19,l
1 behalf of the City for these assets,
NOW, THEREFORE, BE IT RESOLVED by the City Council 1; 20 '
21
22
23
24
25
26
27
28
the City of Carlsbad, California:
1. That the above recitations are true and correc
2. That the Chief of Police shall have authority
apply on behalf of the City of Carlsbad on a continuing ba:
the City's share of seized and forfeited assets pursuant tc
Comprehensive Crime Control Act of 1984 and the City Attori
authorized to execute any documents necessary in that regal
4 '"
1
2
3
4
5
6
7
a
9
10
11
12
2
m 13 Y,o lrm a -,a m glLgz OWu 14
z:yg Qeak 15 QGr$ h-&" - 5ZS9 16
zo 2 '5 = 17
kb JU
oa2m
4 t0 k
1) 0
3. If a distribution is approved by federal autho
it shall be presented to the City Council for their approva
before final acceptance is completed on behalf of the City.
PASSED, APPROVED AND ADOPTED at a regular meeting
the City Council of the City of Carlsbad, California, held
the 7th day of January , 1986 by the follow
vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pe
NOES: None
ABSENT: None
1ac4 B &&-
MARY H./CASLER, Mayor
ATTEST :
ALETHA L. RAUTENKRANZ, City4 Clerk
I