HomeMy WebLinkAbout1995-10-03; City Council; 13335; APPROPRIATION OF POLICE ASSET FORFEITURE FUND*’
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* CIT~F CARLSBAD - AGEN~ BILL
AB #f j’; j.3’ E APPROPRIATION OF POLICE ASSET FORFEITURE DEI
MTG. 10- 3-9 5 FUND CIT
DEPT. BGL CIl
RECOMMENDED ACTION:
Adopt Resolution No. q 5 --a% appropriating funds from the Police Ass Forfeiture Fund for the acquisition, maintenance, and support of pol
activities.
ITEM EXPLANATION:
The City of Carlsbad periodically receives forfeited funds and assets a: result of the Police Department’s narcotics enforcement efforts. Thc
funds are restricted by statute for use by the Police Department only a
cannot be used to supplant existing or future police budgets.
The recommended action will appropriate $349,050 of the fund maki it available to the Police Department for expenditure. Once appropriatc these funds will be controlled by the same rules which apply to other C funds, including bidding procedures and the awarding of contrac Proposed expenditures for these funds include the following:
1. REPLACEMENT BULLET RESISTANT VESTS Vests are requir safety equipment for police officers. According to manufacture specifications, the vests have a five-year life. This request is for t
replacement of thirty-five vests for sworn officers and twenty-five ve for reserve officers. Vests which are five years old or are approaching f
years old within six months will be replaced.
Estimated cost: $18,000 Forfeiture account: 121-840-2 120-2642
2. REPLACEMENT BULLET RESISTANT HIGH-RISK VESTS BALLISTIC HELMETS The vests and helmets are required safi equipment for police officers conducting high-risk operations such
those conducted by the Search Warrant Entry Team. According manufacturer’s specifications, the vests have a five-year life. This requc is for twenty specialized vests and helmets.
Estimated cost: $2 1,600 Forfeiture account:
3. VEHICLES Two passenger vans are being requested to provj transportation for the DARE program and the Vice Narcotics Supervis
The DARE van will allow for much easier transportation of passengers a equipment than the patrol car that is currently used. The Vice Narcot
vehicle is a replacement for an existing vehicle that has outlived its use
12 1-840-2 13 1-2642
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life. Neither vehicle will be an addition to the fleet. The requested fundi:
includes maintenance expenses for the first year. Future maintenan
expenses will be funded through asset forfeiture.
Estimated cost: $46,000
Forfeiture account: 121-840-2141-2111 ($3,000) Forfeiture account: 121-840-2 141 -3900 ($20,000)
Forfeiture account: 12 1-840-2 13 1-3900 ($20,000)
Forfeiture account: 121-840-2131-21 11 ($3,000)
4. POLICE/FIRE LIGHT TOWER The Police Department has a need portable lights to aid in nighttime investigations and field operations. T
fire department has a need for lighting at nighttime fire and hazard0
materials incidents. The Fire and Police departments developed a plan
accommodate both department’s needs by equipping a Fire Departme rescue truck with special high-intensity lights which can be raised on tower. Both departments have agreed to the joint use of this vehicle 1 their respective operations. The City Council approved the purchase of t truck and the lighting at their July 18, 1995, meeting by Resolution No. 9
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Estimated cost: $3 1,500 Forfeiture account: 121-840-21 10-3900
5. VIDEO SYSTEM UPGRADE The Police Department is requesting
television, video cassette recorder, and a rolling cart as a replacement i the current projection television system in the police briefing room. T
projection system is in poor condition and may cost more than $12,000
replace. This alternative to repairing the projection system is le
expensive and the television and VCR can be used in emergencies
disasters as an aid to emergency operations in any area of the departme
due to its portability.
Estimated cost: $3,000 Forfeiture account: 12 1-840-2 140-3900
6. ARJIS TERMINALS The ARJIS system is undergoing a complete regic
wide upgrade which will allow all law enforcement agencies in the county improve their crime information and investigation capabilities. The poll
department is requesting four additional &?AS terminals and a printer
enable the department to increase the ARJIS service to the department a to provide the ability for improved training.
Estimated Cost: $21,000 Forfeiture account: 121-840-2 140-3900
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7. COMPUTERIZED CRIME ANALYSIS/MAPPING SYSTEM The Poli
Department has a need to graphically display crime data for analysi investigative, and suppression purposes. The system will enable tl department to analyze crime trends and to develop enforcement strategies
The Regional Auto Theft Task Force has offered local agencies one-tir grants of $5,000 toward the purchase of a computerized crin
analysis/mapping system. The system consists of a computer, software, printer, and a plotter.
Estimated Cost:
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Net $20,000 ($25,000 - $5,000 grant) Forfeiture Account: 121-840-2 140-3900
8. REPLACEMENT CHAIRS There are 12 chairs in the Safety Center tl-
need to be replaced. Six chairs in the dispatch center are over three yea old and are used twenty-four hours a day; two chairs in the Watt Commander’s office are broken and have been repaired more than six timt and four executive chairs are over eight years old and are beyond repair.
Estimated cost: $7,200
Forfeiture account: 121-840-21 10-2551
9. CARPET REPLACEMENT The computer flooring in the Safety Cenl
dispatch center is eight years old. It is used in a twenty-four-hour-a-d
operational area and is in need of replacement from heavy wear and dirt.
Estimated cost: $5,000 Forfeiture account: 121-840-2140-2490
10. RECRUITING PROGRAM The police department has a need for poll officer recruiting information to enhance its recruitment efforts. T recruiting materials will consist of color brochures and photo displ
posters. The brochures will be distributed to potential police offic
candidates at various recruiting events. Photo posters will be displayed recruitment fairs and other community events,
Estimated cost: $10,000
Forfeiture account: 121-840-2 140-2479
11. MOBILE CRIME SCENE UNIT The Police Department has a need
transport crime scene investigation equipment to crime scenes. T€ equipment includes cameras, specialized trace evidence equipme fingerprinting equipment, processing and packaging equipment, etc. ’I
department currently loads this equipment into several passenger vehic to transport it to crime scenes. This is both time consuming a
inconvenient. The police department is proposing to convert an existing
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fire department medic unit scheduled to be rotated out of service into
mobile crime scene unit. The medic unit would be repainted and min
modifications would be made to accommodate crime scene needs. TI requested funding includes maintenance expenses for the first year. Tk
vehicle would not be an addition to the fleet. Future maintenance expens
will be funded through asset forfeiture.
Estimated cost: $9,000
Forfeiture account: 12 1-840-2 130-2479 ($6,000) Forfeiture account: 121-840-2130-21 11 ($3,000)
12. SEARCH WARRANT ENTRY TEAM OVERTIME This overtime accou
funds the Search Warrant Entry Team. The team consists of members frc
Patrol, Traffic, Investigations, and Vice/Narcotics and operates solely on t overtime basis, Most of the team’s activity is narcotics-related and in hig
risk environments. It is estimated that the team will need $50,000
overtime for search warrant activity and specialized training during t
upcoming year.
Estimated cost: $50,000 Forfeiture account: 121-840-2 131-1200
13. FIREARMS AUTOMATED TRAINING SYSTEM (FATS) The San Die Harbor Patrol owns a $100,000 firearms training system which uses vid scenes to train officers in “shoot/don’ t shoot” scenarios. The San Die
Harbor Police has proposed to the Carlsbad Police Department a joint use the system if the Carlsbad Police Department would provide for the annL
software upgrade. In exchange for the software upgrade the Poli
Department would be allowed to use the firearms training system for o week every quarter thereby making this expensive training system availal
to the department in a cost-effective manner.
Estimated cost: $2,500 Forfeiture account: 12 1-840-2 140-2984
14. COMPOSITE SKETCH PROGRAM The Investigations Division curren is using an automated composite sketch program that allows officers develop electronic sketches of suspects based upon descriptions provid by victims and witnesses. The current system software is over five years (
and is no longer being supported by the developer.
Estimated cost: $5,500 Forfeiture account: 121-840-2 130-2673
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15. MOBILE COMMUNITY SERVICE POST The Mobile Community Servici
maintenance funds need to be allocated.
Estimated cost: $2,250
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Forfeiture account: 12 1-840-2 120-2 1 1 1 ($1,500) Forfeiture account: 12 1-840-2 120-2479 ($7 5 0)
16. SPECIAL INVESTIGATIVE SUPPLIES This specialized fund specifically for Vice/Narcotics investigations and the “buy fund”.
Estimated cost: $25,000 Forfeiture account: 121-840-2131-2662
17. VOLUNTEER PROGRAM The Police Department has proposed enhance the current police volunteer program and to establish a seni citizens patrol program. The enhancement to the current volunte
program would cost $3,000 and includes a recognition program, volunteer supplies, and an increase in background expenses such as sta fingerprinting fees. The establishment of a senior citizen patrol is expect
to cost $61,000. This includes contracting with a full-time volunte
coordinator for one year at a cost of approximately $24,000, start-up capi expenses of $23,000 for a citizens patrol vehicle and radios, $5,000 j
vehicle maintenance, $5,000 for recognition, uniforms, printing, supplic and fingerprinting, and $2,000 for overtime pay for officers who will
teaching at the citizens patrol “academy”. It is expected that the
expenses may increase in future years as the program expands.
Estimated cost: $64,000
Forfeiture account: 12 1-840-2 121 -2660 ($3,000)
12 1-840-2 12 1-3900 ($23,000) start-up
12 1-840-2 12 1-2479 ($24,000) one year onZy
121-840-2121-2660 ($5,000)
121-840-2121-2642 ($1,000)
12 1-840-2121-1200 ($2,000)
121-840-2121-21 11 ($5,000)
12 1-840-2 12 1-2550 ($500)
12 1-840-2 12 1-2540 ($5 00)
18. COVERT AUDIO TRANSMITTING RECORDING DEVICE This cov recording device will be used for monitoring and recording undercoT operations for court and officer safety purposes. The system includes miniature recording device as well as a repeater and a recording device.
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ABNO. 1333j +
Estimated cost: $5,500
Forfeiture account: 121-840-2131-3900
19. EMPLOYEE PHOTO ID CAMERA The Police Department is responsil for taking the photographs and producing the identification cards for all C:
employees as well as the photo licenses for license holders such as massa
technicians, card room workers, etc. The current photo ID camera is
least 15 years old and beyond repair. This request is for a cornpara1 Polaroid instant photo camera.
Estimated cost: $1,000 Forfeiture fund: 121-840-2140-3900
20. CRIME STOPPERS, INC Crime Stoppers, Inc. is a California non-prc
benefit corporation which exists primarily as a service to the community a as an aid to law enforcement in San Diego County. This request WOL appropriate $1,000 for the contribution to Crime Stoppers, Inc.
Estimated cost: $1,000
Forfeiture fund: 121-840-21 10-2490
FISCAL IMPACT:
The current balance in the Police Asset Forfeiture Fund is $1,104,000. T
appropriation of $349,050 would leave a balance of $754,950 in the fund.
EXHIBITS:
1. Resolution No. y 5-2 8h .
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RESOLUTION NO. 95-286
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF CARLSBAD, CALIFORNIA,
APPROPRIATING FUNDS FROM THE POLICE
ASSET FORFEITURE FUND (FEDERAL AND STATE)
FOR THE SUPPORT OF POLICE ACTIVITIES
WHEREAS, from time to time, the City of Carlsbad Police Department
receives funds and assets resulting from the Police Department's drug
enforcement activities; and
WHEREAS, said funds should be utilized for law enforcement purpost
and supporting police activities; and
WHEREAS, the appropriation of said funds is necessary before any
expenditure of funds can take place; and
WHEREAS, the Police Forfeiture Asset Fund has an available fund
balance of $1,104,000.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
Carlsbad, California that the amount of $349,050 hereby be appropriated fra
the available fund balance of the Police Asset Forfeiture Fund (Federal and I
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State) to support police operations.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 3rd day of OCTOBER , 1995, by the
following vote to wit:
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AYES: Council Members Lewis , Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
ATTEST:
ALETHA L. RAUTENKRANZ, City Cle
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September 1, 1995
TO : City Attorney
FROM : Deputy City Attorney
AGENDA BILL FOR APPROPRIATION OF POLICE ASSET FORFEITURE FUND
21 USC 881 concerns the disposition of property forfeited to a
federal agency. transfer the property to any local law enforcement agency whic
participated directly in the seizure or the forfeiture of the
bears a reasonable relationship to the degree of direct participation of the local agency in the law enforcement effor resulting in the forfeiture.
Health and Safety Code section 11489 provides for the distribution of funds from forfeitures and seizures by local governmental entities. It provides that,
It provides that the federal government may
property, and the property received should have a value that
"[Mloney forfeited or the proceeds of a sale
shall be distributed by the state or local governmental entity as follows: ...( A) 65% to the state, local, or state and local law enforcement entities that participated in the
seizure distributed so as to reflect the proportionate contribution of each agency."
Attorney General Opinion No. 94-406 of May 8, 1995, answers th
distributed to the local law enforcement entity. concludes that the funds should not be tendered directly to tF
local law enforcement entity but rather allocated by the governing board of the local agency through the normal budget; process.
Following the reasoning of the Attorney General opinion cited above, the Carlsbad City Council can determine how the asset forfeiture fund is to be spent in the exercise of its budgetar
authority, so long as it does not supplant any local or state funds that would otherwise have been made available to support the Carlsbad Police Department efforts, There are no specific restraints on the type of items which can be budgeted, since
specific restrictions on use of the funds have already been directed in the broader context of Health and Safety Code secl
11489, i.e. first to bona fide purchases, second to designatec
expenditures, remainder: 65% to the police department, 15% foi
the sole purpose of funding programs designed to combat drug abuse and gang activities, 10% to the prosecutorial agency, 21 to the general fund in the state treasury, and 1% to a non-prc organization for the exclusive purpose of providing a statewic
question of how the proceeds from assets forfeited are to be The opinion
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program for education and training of prosecutors and law
enforcement officers in seizure and forfeiture of assets. P JANE HOBALDI
Deputy City Attorney
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0 11488.6 EEALTHANDsdFETyco
HietOrical and Statutorg Notes
1991 Legislation substituted "having a valid ma inma4 whic Section 16 of Stats.1988. c 1492 aa amended by Stata. 1991, C 641 (kB.192). $ 14, phdu:
'"The pkmons of the Health and Safety Code amended
by this a& exCePt section 11489, shd remsin in effect O~Y uti~ Jan- LIS%, at whici~ time those sections an &eY 1-4 on Ihcmber 31.1988, nhd have the spme fonz and effect aa if they had not been amended"
dudes, but is not lindted to" for "holding", and SabaM "the equity" for %e registeRd arana's et@$'; 8:
aub& (b), aubetitated asving a vltid marship inb
wb& i,.,&&h but is not WM @" for "holding' deleted u, dua vehides ihad in w,, 11 which a inw enforeeanent ~ mry place F ita name for uae in h inw enfo- pmgmm fob
1994 Legidation "the property". The 1994 amendment, in eubd (a), deletad "~bdkision (e), (0 or (g) of' follomng "forfeitable pursuant to", twice
0 11489. Distribution of fun& from forfeitures and seizuree
Notwithstanding Section 11502 and except a8 othemise provided in Seetion 11473 *, in all where the property is seized pursuant to this chapter and forfeited to the state or Id goverrm entity and, where neceswy, sold by the Department of General Semicea or local govmena t the money forfeited or the proceeds of sale shall be diptribntsd by the state or ld m. 1 as follows:
(a) .To the born fide or hocent purchaser, conditional &ea vendor, or mom of the prope any, up to the amount of his or her interest in the property, when the court declaring the forf ordm a distribution to that person.
(b) The bslpnce, if any, to ammulate, and to be distributed and Werred quarterly in the foll manner:
(1) To the state agency or local gcnmnmatal entity far all expdhms * mpdaarincmradh! connection with thq.saie of the property, including expenditurea for any necessary repairs, stora transportation of any property seized under this chapter.
(2) The rmxinhg funds shall be distributed as follm:
(A) SixkyAive percemt to the state, id, or state and local lrnrenforeaatnt entities that Partieipr the seizure distribated so as to reflect the proportionate contribution of each agency.
It is the intent of the Legislature to cause the development and continuation of positive htm prom for high-risk elementary and secondary schoolaae students. Local law enforcement work in partnership with state and local agencies and the phte sector in administering these P
[i) The actual distribution of funds set aside pursuant to clause (i) is to be dete!mined by e other chiefs in the county, consisting of the shd of the county, a police chief selected by th district attorney and the chief probation officer of the county.
(B) Ten percent to the prasecatarial agency which proceseee the forfeiture action. (c) "WentY-fOUr percent to the Genenil Fund. Notwithstanding Section 13340 of the Govl Code, the moneys are hereby continuously appropriated to the General Fund. For the calenc
beginning January 1.1995. and ending December 31,1995, all moneys deposited in the Gener pursuant to this suboarapraph, in an amount not to exceed ten million dollars ($lO.m.m), Shall 1 avadable for school safety and security, upon appropriation by the Legislature, and ahall be d
ursuant to Senale Bill 1% of the 1993-94 Regular Session, as enacted.
(Dl e percent to a privata nonprofit organization composed of local prosemtom wh of providing a statewide Pmnatn of education and tra: M8eeutors and law enforcement ofpice~ in ethics and the proper use of laws perrm 'ttinp: the sei
(c) Notwithstanding Item 0820-101-469 of the Budget Act of 1985 (Chapter 111 of the statutes all funds allocated to the Department of Justice pursuant to subparagraph (A) of paragral subdivision (b) shall be deposited into the Department of Justice Sped Deposit FundSta
Addltlonr or changer indicated by underllne; dslotionr by ast.rlrk8 *
use these funds for the dusive 0 irfeiture of assets under this chz
OP
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