HomeMy WebLinkAbout1987-10-27; City Council; 9197; ACCEPTANCE OF SEIZED AND FORFEITED PROPERTY PURSUANT TO FEDERAL COMPREHENSIVE CONTROL ACT OF 1984I
Q u > 0 e Q Q <
2 0 F 0 U g 2 a 0 0
ur ~AHLSBAU - AGENL~LL
DEPT.
CITY P
CITY A
b' 'i)
AB# ?L?L = Acceptance of Seized and Forfeited
MTG. 10127187
DEPT, Police
Property Pursuant to Federal Comprehensive
Control Act of 1984
RECoMMENDED ACT1oN:
accepting for the Police Department a 1983 Mercedes automobile which was
seized and forfeited in accordance with the Federal Comprehensive Control
Act of 1984.
City Council adopt Resolution No. 926 ? , thereby
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 1983 Mercedes
automobile. This award resulted from the Department's drug enforcement effor
with the Narcotics Task Force. Once acquired, it is intended that this vehic
be sold at auction and the resulting proceeds placed into the designated
account for future law enforcement purposes.
The Police Department has previously acquired vehicles and cash assets throu
this same process.
Fiscal Impact:
The Police Department anticipates a cash return of approximately $30,000.00
through the sale of this vehicle.
An administrative fee oE $195.00 must be paid to the U.S. Marshall's Office
before the acquisition can be completed. Certain Department of Motor Vehicle
fees are also anticipated.
EXHIBITS :
1. Resolution No. 8321
2. Resolution No. Lf2/ptp
3. Forfeiture Letter from Drag Enforcement Administration
I
'*
1
2
3
4
5
6
7
8
9
10
11
12
I q 13
"25 14
&e& >!to 15 oz< u. 'kU
tQ >E $ 17
c l8
19
D
%S
$&=E
ggg 151
>0
0
2o
21
22
23
24
25
26
27
28
e 0
RESOLUTION NO. $321
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AUTHORIZING THE CHIEF OF
POLICE AND CITY ATTORNEY XI APPLY FOR FORFEITED
CONTROL ACT OF 1984.
- ASSETS PURSUANT To THE COMPREHENSIVE CRIME -
WHEREAS, the Comprehensive Crime Control Act of 1
provides for the distribution of federally seized and forf
assets to law enforcement agencies which participate in th
investigation which resulted in the asset seizure; and
WHEREAS, the Carlsbad Police Department participa
a continuing basis, in investigations which can result in
forfeited assets under said Act; and
WHEREAS, because of the nature of the police work
involved the opportunities to apply on behalf of the City
on short notice basis which does not allow sufficient time
bring each item to the City Council in advance; and
WHEREAS, the City Council has determined that the
interest requires that the Council authorize the Chief of
and the City Attorney to take any steps necessary to apply
behalf of the City for these assets,
1
1
I
1
I
I
NOW, THEREFORE, BE IT RESOLVED by the City Counci i the City of Carlsbad, California:
1. That the above recitations are true and corre
2. That the Chief of Police shall have authority
apply on behalf of the City of Carlsbad on a continuing ba
the City's share of seized and forfeited assets pursuant t
Comprehensive Crime Control Act of 1984 and the City Attor
authorized to execute any documents necessary in that rega 1
t
1
2
3
4
5
6
7
0
9
10
11
12
0
m c 9 i l3
ggp u* 141
gt* z,gE 15 yes$
E+? 16 ’5”
zo I1 >$ 2 171
6 16
o=v
0
0 a
3, If a distribution is approved by federal auth
it shall be presented to the City Council for their approv
before final acceptance 1s 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 follo
vote, to wit:
-
AYES:
NOES: None
ABSENT: None
Council Members Casler, Lewis, Kulchin, Chick and P
L+J/&&
MARY R. CASLER, Mayor
1 ATTEST:
l
l 1
20
21
22
23
24
25
26
27
28
1
j I
j
I
I
I
2 I1
RESOLUTION NO. 9264
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, ACCEPTING A SEIZED AND
41
51 6
COMPREHENSIVE CRIME CONTROL ACT OF 1984.
WHEREAS, the Comprehensive Crime Control Act of 1984 provides for
distribution of federally seized and forfeited assets tQ the law enfor
/
11
12
13
Act; and
WHEREAS, the City Council previously authorized the Chief of Polic 1 City Attorney to apply for the City's share of such assets; and
26
27
28
xx I 1 :I xx
2/
3
4
5
of the City of Carlsbad, California, held on the 27th , day of Octo
1987, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
6
7
I NOES: None I ABSENT: None
11
12
13
14
15
16
I b/Q4&
;;;/ / 7 ,y”
/a/
’[{ 69
~ I ALETHA L. RAUTENKRANZ, City Cle k
I / /’ / /yyf-,-,/ - J -
CLAUDE dl LEWIS ,-Mayor
19
20
21
22
23
24
25
26
27
28
j/
I i
I I
I
-2-
u-s. Depnrtmaf Justice
._ ~ - Drug Enforccmcnt Admuitstration
e -.
- @!- --
--
x-*
1 --
Lt. Gregory Fried
Carlsbad Police Department
2650 Orion Way
Carlsbad, CA 92008 f r.
Date: 89 .. -- -_.
L
Dear Lt. Fried
This is in cesponse to your cequest filed with the Drug Enforcement
Administration (DEA) seeking .equitable distribution of the above-
described property to your aaency pursuant to Section 309 of
Public Law 98-473 (the Comprehensive Crime Control Act of 1984)-
The paragraphs chscked below are to inforin you of the disposition
of youc request:
Section 1
Recommendations and Decisions
m The pro?erty hzs been forfeited administratively by the DE.:.
pursuant to Title 21, United States Code, Section 881 and the
DEX is authorized to enter 2 fin21 decision concerning equitable
sharinq-
m Thp ?ro??rty hzs been forfelt2d administratively, hovever,
its vaiue'dicratss thzt the sharinc; decislon be made by the Upiced
States De?drtinent of Justice and your shzring request, eith the
DEA's recomaendation, hss been referred to the Department for
considerzt :on- = The property is or was suD~ect to litlcjation in the United
States Courts and the sharinq request, with the DEA's recommendation
has been forvacded to the approgciate United States Attorney
for consia2rztion.
Section 2
ProperLy Transfers
m The sharing request has been granted- Please contact the
You must pay En outstanding lien in the amount of $
before the property can be released- h copy of OUC letter to
the lienholdsr is attached for you~ infornistion.
DCA Office to arrange for pcopecty transfer.
.-
( PJCJ2 (Kev- jliltj! 2:)
* *
_- - r. i 0 .. .\
I m The sharing ie-quest has been granted, Please contact the
DEA Office to arrange for property transfer, San Diego-
Administrative costs in the amount of $ 195-00 associated q ul h the seizure must be paid befor'e the property can be celeased.
Your check in the amount indicated should be made payable to , Account #15XSO42," The check should be delivered
DEA Office.
Section 3
Money Tcdnsfer's
0 Your agency will receive
the sale of the forfeited property-
n Your agency will receive
the sale of the forfeited property not to exceed $
0 your agency will re'ceive
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 'Plarshals
Service National Asset Seizure and Forfeiture Program to process
this request for equitable sharing to your agency- Payment
should be forthcoming shortly:
% of proceeds realized from -
% of proceeds realized from -
8 of the forfeited currency, -
Section 4
Ecuitable Sharinq Denial u Your rzcjuest cannot be honored because a petition hzs been
received and a decision made to cjrarit the rslief socqni by th?
petitioner. Tho Fcopsrty, therefore, is not available for governmen
use or sharing.
.I You: request cannot be honored because the nature oi the
property precludes its division between or among two or more
federal or state/local agencies. n Your request cannot be honored since the property is being
put into official use by the United States Government- = After careful review,
your equitable sharing request-
a decision has been made not to honor
CCI DEA Offices:
5
2 e of Chief CounsFl D/O ,uao, CA
R/O u - s -7.-
USI4S R,SA?P
I)E% Ad
r: L' c: 11 r (3 II
-__________
:-,-.? .. 1 7. ,; ::z i-' 1 l.: : : 2-0258 _-
(Page