HomeMy WebLinkAbout1987-06-02; City Council; 9030; ACCEPTANCE OF SEIZED AND FORFEITED PROPERTY PURSUANT TO FEDERAL COMPREHENSIVE CONTROL ACT OF 1984TITLE: Acceptance of Seized and Forfeited
Property Pursuant to Federal Comprehensive
AB# 4'0.30
MTG. (0 -2-87
DEPT. Police
Control Act of 1984
DEPT. H
CITY AT
CITY MnC
rgg w 1 8 e a. Q 4
2 0 F 0 U =! 0 z 3 0 0
cm@~ CARLSBAD - AGEND~ILL *
RECOMMENDED ACTION: City Council adopt Resolution No. 9099, thereby
accepting for the Police Department a 1979 BMW which was seized and
forfeited in accordance with the Federal Comprehensive Control Act of
1984.
Item Explanation:
On January 7, 1986, the Carlsbad City Council passed Resolution No. 8321,
authorizing the Chief of Police and City Attorney to apply for seized and
forfeited assets pursuant to the Comprehensive Crime Control Act of 1984.
The Police Department has since applied for and been awarded a 1979 BMW
vehicle. This award resulted from the Department's drug enforcement effo~
with the Narcotics Task Force. Once acquired, it is intended that this
vehicle be sold at auction and the resulting proceeds placed into the des
nated account for future law enforcement purposes.
The Police Department has previously acquired a vehicle and cash assets
through this same process.
Fiscal Impact:
The Police Department anticipates a cash return of about $5,000.00 throug
the sale of this vehicle.
An administrative fee of $453.00 must be paid to the U.S. Marshal's Offic
before the acquisition can be completed. Certain Department of Motor Veh
fees are also anticipated.
EXHIBITS :
1. Resolution No. 8321
2. Resolution No. YOSF
3. Forfeiture Letter from Drug Enforcement Administration
1
'I 'W -%
t
1
2
3
4
5
6
7
8
9
10
11
12
2 !I 13
$% -5 14 gLL=* ZQ5C gcsg 15 22ES skw6 16 gzgz
ZQ 9 '5 = 17 5 E
G 18
19
20
21
22
23
24
25
26
27
20
v m I
RESOLUTION NO, $321
A RESOLUTION OF THE CITY CXlUNCIL OF TEE CITY OF
CARLSBAD, CALIFORNIA AUTHORIZING THE CHIEP OF
POLICE AND CITY ATTORNEY 'IV APPLY FOR FORFEITED
CONTROL ACT OF 1984.
WHEREAS, the Comprehensive Crime Control Act of 1
provides for the distribution of federally seized and forf
assets to law enforcement agencies which participate in tk
investigation which resulted in the asset seizure; and
- ASSETPS PURSUANT Iy) THE COMPREHENSIVE CRIME -
WHEREAS, the Carlsbad Police Department participr
a continuing basis, in investigations which can result in
forfeited assets under said Act: and
WHEREAS, because of the nature of the police wor'
involved the opportunities to apply on behalf of the City
on short notice basis which does not allow sufficient timl
bring each item to the City Council in advance; and
WHEREAS, the City Council has determined that th
interest requires that the Council authorize the Chief of
and the City Attorney to take any steps necessary to appl
behalf of the City for these assets,
NOW, THEREFORE, BE IT RESOLVED by the City Counc
the City of Carlsbad, California:
1. That the above recitations are true and cor1
2. That the Chief of Police shall have authorit
apply on behalf of the City of Carlsbad on a continuing t
the City's share of seized and forfeited assets pursuant
Comprehensive Crime Control Act of 1984 and the City Atti
authorized to execute any documents necessary in that re
. w
I 1
1
2
3
4
5
6
7
8
9
10
11
12 31 13
D
‘3 gg;s l4
’5 i 17
*.u8
233
$@a
%*5 15
5G”d 16
to
c
19 l8
0
20
21
22
23
24
25
26
27
28
W c, -
3. If a distribution is approved by federal autt
it shall be presented to the City Council for their appro\
before final acceptance is completed on behalf of the Citj
PASSED, APPROVED AND ADOPTED at a regular meetin!
the City Council of the City of Carlsbad, California, hek
the 7th day of January , 1986 by the follc
vote, to wit:
-
-z
AYES: Council Members Casler, Lewis, Kulchin, Chick and :
NOES: None
ABSENT: None
vf++bL-
MARY R. CASLER, Mayor
ATTEST:
4*Tt!*i,% c1 erk
I I
II
1
2
3
4
5'
6
7
8
9l
10, I
11
12
13
w e
RESOLUTION KO. 9098
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, ACCEPTING
A SEIZED AND FORFEITED 1979 BMW, IN
ACCORDANCE WITH THE COMPREHENSIVE CRIME
CONTROL ACT OF 1984.
WHEREAS, the Comprehensive Crime Control Act of 1984 provides
the distribution of federally seized and forfeited assets to the law
ment agencies that participate in an investigation which resulted in
asset seizure; and
WHEREAS, the Carlsbad Police Department participates, on a cor
basis, in investigations which can result in forfeited assets under :
Act; and
WHEREAS, the City Council previously authorized the Chief of I
City Attorney to apply for the City's share of such assets; and
14
15
16
1 WHEREAS, the City Council has determined that the public intei I
requires that the Council accept such assets received by the Police I
I NOW, THEREFORE, BE IT RESOLVED by the City Council of the Cit:
23 and the resulting proceeds placed into the designated account for fu
24
25
26
27
28
law enforcement purposes, i
~ XI: 1 xx xx I
xx
I
I,
2’
3
4
PASSED, APPROVED, AKD ADOPTED at a regular meeting of the Cit
Council of the City of Carlsbad, California, held on the 2nd day
June > 1987, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
7
8
9
ABSENT: N~~~
ATTEST:
10
111
I h dp R-
1 ALETHA L. RAUTENKRANZ, City Clerk
14
15
16
17
18
21
22
23
24
26
28
-2-
I
Carlsbad Police Department
2650 Orion Way
Carlsbad, CA 92008
Attn: Gregory Fried, Lt.
_c
Si;!Zi,k* i:: 15p: CA:: '!: 42.47xrc
pF[ F: 12775 f3~~,s, SSC I?;' : 50215 Zf, VClLf: 36115 .I 2 SFIZUF\F_ 1::~:: 51 r.c7 t r, SE IZtJf.,! PLACE : C:kt>?CFs~ cA
J[l[ IClbL fiIST: St LIkEf 1.9 CALIFLFP-1 L?IiC_'Tl, flLP?*4
ate: APR 2 0 1987
i
rn IC) ,.
IThe sharing re-quest has been granted. Please contact the >a0 DEA Office to arrange for property transfer-
- --. .L Administrative costs in the amount of $q.-S.c)c/ associated R 1 h the seizure must be paid befor'e the property can be released.
Your check in the amount indicated should be made payable to
"U.S. Marshals, Account #15X5042." The check should be delivered
to theSA/\l D;eqfi DEA Office.
1
Section 3
Money Transfers
8 of proceeds realized from - 0 your agency will receive
the sale of the forfeited property-
i Your agency will receive - % of proceeds realized from
the sale of the forfeited property not to exceed $ = Your agency will receive - 8 of the forfeited currency-
0 Authority to distribute funds being shared has been delegated
to the United States Marshals Service. Accordingly, this office
is notifying the Headquarters Office of the United States.Marshals
Service National Asset Seizure and Forfeiture Program to process
this request for equitable sharin5 to your agency- Payment
should be forthcoming shortly:
Section 4
Equitable Sharing Denial
0 Your request cannot be honored because a petition has been
received and a decision made to grant the relief sought by the
petitioner. The property, therefore, is not available for governmer
use or sharing. m Your request cannot be honored because the nature of the
property precludes its division between or among two or more
federal or state/local agencies. m Your request cannot be honored since the property is being
put into official use by the United States Government.
0 After careful review,
your equitable sharing request.
a decision has been made not to honor * -
,.:.sse Forfeiture Unit ccs DEA Offices:
2 of Chief Counsel D/O c. c
R/O u-s- At torneyi
USMS NASAFP
DEA A0
CC Chron S&zurt Tile t- __---- I, -
(Page