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HomeMy WebLinkAbout1992-05-05; City Council; Resolution 92-1261 2 3 4 5 6 7 8 9 10 I1 I 2 !a, :og iWN h? 13 ;g& yjf (3 a, 114 sg nu. 15 ai mu 2: 16 3s SY 2 9 17 0 18 19 20 2 1 22 23 24 25 26 27 28 I1 me 1 RESOLUTION NO. 92-126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING THE FORMATION OF THE SAN DIEGO COUNTY VEHICLE THEFT TASK FORCE AND AUTHORIZING THE POLICE CHIEF TO SIGN THE MEMORANDUM OF UNDERSTANDING FORMING SUCH TASK FORCE. The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That certain memorandum of understanding forming the San Diego County Vehicle Theft Task Force (a copy of which is attached hereto marked Exhibit trAtt and made a part hereof) by and among several cities of the County of San Diego is hereby approved. 2. That the Chief of Police of the City of Carlsbad is hereby authorized and directed to execute said memorandum of understanding for and on behalf of the City of Carlsbad. 3. That the amount of $32,000 be appropriated from the Police Asset Forfeiture Fund to supply the required equipment. 4. That the Police Department be authorized one additional police officer position. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 5th day of MAY 1992, by the following vote, to wit: AYES: council Members Lewis, Kulchin, Larson, Stanton, Nygaard NOES: None ABSENT : None ATTEST: . w. 0 FINAL DRAFT 03/25/92 TAN0 I w SAN DIEGO COUNTY VEHICLE THEFT TASK FORCE Thls Memorandum Is dated for convenience , 1992 1. aVERVlEW Vehicle theft Is lncreaslng throughout Californla and the problem Is becomlng PartlCUlarly acute In San Diego County. In 1990, San Dlego County experlenced the theft of over 36,000 vehlcles, for a value exceeding $185,000,000. Experlence has shown that vehlcle theft Is not a Jurisdlction-speclflc or agency-speclfic crlme. A focused, coordlnated effort by law enforcement In a glven geographlcal area will be requlred to effectlvely combat the vehlcle theft problem. The coordlnated effort described In this Memorandum will be' funded by a $1 vehicle reglstratlon fee authorlzed by Senate Bill 2139 (Vehlcle Code Sectlon 9250.14), approved by the Governor, September 30, 1990. The monies, collected by the Department of Motor Vehlcles, would be allocated to the County of San Dlego to be expended under the guidelines set forth In the leglslatlon. All references In thls Memorandum to *payment(s) by the County of San Diego," or slmllar wordlng, are related to and dependent on the monies allocated to the County of San Diego. The County of San Dlego General Fund shall not be used for any relmbursements, payments, etc., related to the Vehlcle Theft Task Force. I I. -nATIW The Reglonal Auto Theft Team concept first applled In east San Dlego County has had a slgnlflcant Impact on vehlcle theft in the cmunltles encompassed In eastern San Dlego County. A slmllar effort Involving reglonal teams asslgned throughout San Dlego County could tffectlvely combat the unacceptable vehlcle theft trend. Teams would be established to work the north, south, border, and eastern. portlons of the county. Personnel from departments wlthln each geographlcal area would be requested to partlclpate In the regional team. The Regional Auto Theft Teams would be used to serve as an Interagency force for proactlve efforts to supplement routlne law enforcement actlvltles to combat vehlcle theft. W e Memorandum of Understanding Page 2 FINAL DRAFT 03/25/92 111. MlSSlON To reduce the incidence of vehicle theft and increase the apprehenslon of the professlonai vehlcle thlef: A. Dblectlves 1. increase the number of arrests of vehlcle theft suspects, partlcularly the professional thleves particlpatlng In the surgical stripping of stolen vehlcles. 2. identlfy iocatlons which are used in connectlon wlth vehicle theft offenses and take appropriate enforcement actlon. Such locations may include the sites of chop shop operations and legitimate buslnesses (e.g., repair/body shops and dlsmantiers) used for Illegal actlvitles. 3. identlfy organlzatlons that use auto theft to cmlt federal crlmes, I.s., transportlng Illegal aliens, importlng/exporting stolen vehicles In and/or out of.Mexlco. 4. ldentlfy local trends and patterns of vehlcie theft activity to be targeted by the teams. 5. increase the recovery rate of stolen vehlcles in San Diego County. IV. w ACTIVITB A. t Fffortg Proactive enforcement wlil be the prlmary actlvlty of the teams and will Include intelligence gathering, suspect/slte Identlficatlon, Investigatlon, report preparation, and suspect prosecution. 8. PrOfesslonal Vehicle Thievw The teams wi1.i concentrate on ail manner of vehlcle theft, but especially those groups that surgically strip vehicles for later reassembly. Store fronts or full-time flxed stlng operatlons wlll not be used except on an *as needed" basls to develop a case. w 0 Memorandum of Understanding Page 3 c* - FINAL DRAFT 03/25/92 The Task Force manager and prosecutors will coordlnate with the local media to publicize the vehlcle theft problem and Task Force actIvl.ties. The publicity should have the canblned effect of enhancing pub.lic awareness of vehlcie theft in San Diego County, encouraglng publlc participatlon in vehlcle theft reduction efforts, and dlscoutaging potentlal vehlcle thleves. v. - Wt Tepm - the geographical area primarily assigned to the East Team shall be that area east from the west clty limits of La Mesa to the lmperlal County Ilne. South Tea - the geographical area primarily assigned to the South Team shall be that area south of Miramar Road. =der Tea - the. geographlcal area primarlly assigned to the Border Team shall be that area In and around the border between Cailfornla and Mexico. Horth Tea - the geographical area primarily assigned to the North Team shall be that area north of Miramar Road to the Rlverside County ilne. les shall not restrlct or brohibit the necessarv case follow - UD or InvestlaatIan bv one teU another aeo~aahlcai areh. However. teams with the exceptlon of the South and Border Teams should not conduct complete lnvestlgations outslde their area of responslbiilty without the Task Force manager's approval. VI. T The Task Force manager, the Federal Bureau of Investlgatlon, the U.S. Customs Service, and the U.S. lmmlgration and Naturaiitatlon Servlce wlll not have their salarles reimbursed by the San Diego County Task Force: The salarles, and up to 240 hours of overtlme per year, shall be relmbursed for all other Task Force personnel. Overtime In excess of the 240 hours shall be pald by the respectlve departments. The rate of overtlme shall Include salary plus fringe beneflts pald at tlme-and-one-half. No admlnistratlve reimbursement Is included. w W Memorandum of Understanding Page 4 FINAL DRAFT 03/25/92 Vi I. oRGANl7ATlOY A* - . The Committee shall be comprised of one member from the San Dlego County Board of Supervisors appolnted by the chairman, and four other representatives from the San Olego County Sheriff and Police Chlefs Assoclatlon. Members of the executive committee shall .meet on a semiannual basis to discuss Task Force operation and to give guidance and Input to the,Task Force manager. The executive committee shall appoint a chalrperson to serve as director. The Executive Committee shall submlt an annual report to the County Board of Super- visors and each partlclpating agency. The flrst report wlll be due August 1, 1993. 6. - The manager of the Callfornla Highway Patrol's Investl- gative Services Unit at Border Division shall serve as manager of the San Diego County Task Force. The Task Force manager will be directly accountable to the executive committee. c- - Supervision of the teams wlil be provided by a sergeantlteam leader as a working member. Sergeants/ team leaders assigned to the Task Force will be re- . quested frbm departments within the geographical area where the respective team operates. Flnai selectlon of the supervisor will be the direct responsibility of the Task Force manager. 0. Clerlcal Two clerical personnel shall be provided to the Task Force to facilitate normal cierlcal duties assoclated with an investlgatlve unlt. The positions will be staffed through the county and all salaries and bene- fits will be reimbursed. VIII. eERSONNEL The Task Force shall be deslgned to bring the appropriate authorities at the highest level of expertlse from contig- uous, and at times overlapping, Jurisdictions to Jointly w Memorandum of Understanding Page 5 F I NAL DRAFT 03/25/92 combat vehicle theft. Toward that end, the Task force will be staffed as follows: A* - The headquarters staff will consist of one manager from the CHP, two clerlcal support personnel from San Dlego County, two dlstrlct attorneys, one dlstrlct attorney Investigator, and one comnunlty education coordlnator to be assigned In fiscal year 1993/94. 6. lnvestlaations The teams wlll be staffed by lnvestlgators and supervisors recommended for assignment to the Task Force from departments wlthln the geographlcal area served by respective teams. final selection shall be the responslblllty of the team supervisor and the Task Force manager. Asslgnment to the Task Force shall be for a minimum of two years. Personnel not meeting acceptable standards of performance or refusing to comply with Task Force pollcy and procedures may be removed and sent back to hlslher department. Removal wlll require the approval of the Task Force manager. The teams wlll be staffed as follows: 1. I a. One sergeant, Callfornla Highway Patrol b. One investlgator, Callfornla Highway Patrol c. One Investlgator,.El CaJon Pollce Department d. One Investigator, La Mesa Pollce Department e. One lnvestlgator, Federal Bureau of lnvestlgatlon f. Two Investlgators. San Dlego Sheriff's Department Total: One sergeant and SIX lnvestlgators 2. Team I1 (South Countvl .. a. One supervlsor, San Dlego Police Department ,- 0. Memorandum of Understandlng Page 6 FINAL DRAFT 03/25/92 b. One Investlgator, San Diego Pollce Department c. One lnvestlgator, National City Pollce Department d. One Investlgator, Federal Bureau of 1,nvestlgatlon e. One investlgator, Californla Hlghway Patrol f. One lnvestlgator, Chula Vista Pollce Department g. One lnvestlgator, Coronado Pol Ice Department Total: One sergeant and six Investigators 3. Team 4 I I (North Countv). a. One sergeant, San Dlego Sheriff's Department b. One lnvestlgator, Escondido Pollce Department c. One Investlgator, Carisbad Pollce Department d. One Investlgator, Oceanslde Pol Ice Department e. One Investigator, Federal Bureau of Investigation . f. One lnvestlgator, San Dlego Sheriff's Department Total: One sergeant and five Investigators. 4- - a. One team leader, U. S. Customs b. Two Investigators, U. S. Customs c. Two Investigators, U. S. lmnlgratlon and Naturailtatlon Service Total: One team leader and four Investlgators. TOTAL INVESTIGATIVE STAFF: 25 TOTAL HEADQUARTERS STAFF: 1 TOTAL TASK FORCE PERSONNEL: 32 m 0 Memorandum of Understanding Page 7 FINAL DRAFT 03/25/92 ix. PROSECUTlON Prosecution of Task Force cases on the federal and state levels will be coordinated through the U. S. Attorneys and the San Diego County Deputy District Attorneys asslgned to the Task Force. He/she wlll be available for guidance, counsel, and review of ail Task Force cases irrespective of court Jurlsdlction. in addition, he/she wlli coordinate the prosecution of the cases with the court of lurlsdlctlon. x. LlABlLlTY Each party to this Agreement agrees to defend, Indemnify and hold harmless the other partles to this Agreement to the extent that any liability Is imposed on those parties due to the acts or omissions of the party's employees. In addltlon, the parent agency shall also be liable for any worker's compensatlon or slmliar benefits due to its emp I oyees . XI. LtOUSIffi A centrally located office space shall be leased to house the entire Task Force. Payment of the lease shal I be by the Task Force. Xi I. EQUIPMFYI: The resource Inventory lnltlally developed for this Task Force shall requlre €hat each partlclpatlng department provide one vehlcie, lncludlng gas and maintenance, for each of their investigators or supervlsors assigned to the program. Some offlce equipment, radio equipment, in-house covert equlpment, as well as speclallted items needed in certain types of cases, wlli be provlded by the Task Force. Situations requiring alr support, unique vehicles, or other llmited purpose inventory wlll require cooperative scheduling from the member departments. X I I I . -FNTS The use of covert ldentlties to support or enhance undercover operations is essential. This wlli require the issuance of undercover Cailfornta drlver's licenses and credit cards; the procurement, utlilzation, and control of these documents wlil be such as to assure that they are properly accounted for at all times and are used only for authorized purposes. w 0 Memorandum of Understanding Page 8 FINAL DRAFT 03/25/92 XIV. Am To support and contlnue Jolnt partlclpatlon of local law enforcement In the San Dlego County Vehlcle Theft Task Force, assets selzed by any team shall be used to enhance future operatlons. XV. FISCAL PROCEDURES A. P_avrall All personnel assigned to the San Dlego County Vehlcle Theft Task Force wlll be pald by thelr respectlve departments. It shall be the responslbllity of the Task Force manager to lnstltute a system of checks and balances whereby the hours of each Indlvldual wlll be audlted each day for accuracy and reported to the appropriate tlmekeeplng agent In a timely fash-Ion. 6- - The San Dlego County Vehlcle Theft Task Force shal I malntain $10.000 to be used for the purpose of furtherlng Investigations related to the Task Force's mlsslon of combatting professlonai vehlcie theft. Special funds shall be kept In a place of securlty withln the Task Force Offlce. Only the Task Force manager or hls designated alternate Is authorlred access to the special fund. C. Claim for Rwursm Agencies seeklng relmbursement for Task Force actlvltles shall submlt a detalled statement of expenses In prescrlbed format to the task Force manager wlthln 30 days folfowlng the end of each quarter. The lnltlal reimbursement perlod will begin with the date of this memorandum unless otherwise agreed. As lndlcated under Sectlon VI, only baslc salary and related benefit costs, lncludlng overtlme pald at time- and-one-half UP to 240 hours wlll be relmbursed. (Refer to Append lx A) Upon approval of the Task Force manager, a cialm for relmbursement wlll be forwarded to the County for payment wlthln 30 day.$. In the unlikely event that revenues designated for the Program fall short of what w m Memorandum of Understanding Page 9 FINAL DRAFT 03/25/92 Is requlred for full reimbursement; relmbursement shall be made on a pro rata share basis. In no event wlll general revenues of the County be used to offset any such shortage. Requlsltlons for all materials and services related to Task Force activities must have the prlor approval of the Task Force Manager. 0- - Each party to this Agreement shall make available to County at all reasonable times Its payroll and other records relating to this Agreement. County may audit such records and if County determines that lneliglblc costs have been relmbursed, the agency shall . lmnediately repay the amount determined to be lnellglble to County. County may also withhold the amount determlned to be lnellglble from future relmbursement. The parties shall malntaln the requlred records. for a period of three years after the date the expense Is relmbursed. XVI. STANDARD OP- P- (SOPI All Task Force members shall revlew and abide by the Standard Operatlng Procedures Manual which shall be prepared by the Task Force supervlsors and approved by the Task Force manager. The SOP shall specify pollcles and procedures for the Task Force and shall Include, but not be' limited to, the following speclflc Items: A. In any case where the pollcles or procedures of the Task Force confllct with those of members of the parent agency, the member shall abide by the directives of his or her own agency. 8. The Investigation of offlcer-Involved shootlngs and vehicle accldents wlll be handled by the agency of Jurlsdlctlon In which the incident occurs. Nothing precludes further lnvestigatlon or concurrent Investigation by the offlcer's parent agency. C. Task Force member evaluatlons shall be handled Jointly between the Task Force supervlsor and the parent agency. a a Memorandum of Understanding Page 10 FINAL DRAFT 03/26/92 0. The release of media information regarding Task Force operations wlii be coordinated through the team supervisor and approved by the Task Force manager and prosecutor when appropriate. Ail participating agencles will be notlfled If tlme permlts prior to the release of informatlon to the media. E. The team supervlsor wlll be responslble for lmplementlng a monthly reporting system whlch tracks team act.ivlties and accomplishments in detall. This reportlng system will serve as a basis for quarterly reports to the executlve cmlttee as well as to ensure an ongolng accounting of Personnel and equipment resources. F. The Task Force manager wlll submit an operatlonal report quarterly to the executive comnittee within 20 days following the end of each calendar quarter. 0. Complaints against Task Force members will be accepted and thoroughly investigated. Final determination as to who wlll conduct the complaint lnvestigatlon wlll be the responslbliity of the parent agency. Dlsclpllnary actions will be approved solely by the parent agency. XVI I . m OF AGREEMENT This Agreement shall become effective commencing on July 1, 1992, and terminating on December 31, 1995. Partlclpating agencies may elect to termlnate the agreement prlor to Its deslgnated termination date. Any agency desiring to terminate its particlpatlon In this agreement shall indicate such Intent in writlng to the executlve committee. The termination shall be deemed to take effect not less than 30 days after receipt of the written communlcation or upon a date established by mutual agreement. in addltlon, this Memorandum of Understandlng shall automatically terminate If funding pursuant to Vehicle Code Section 9250.14 becomes unavallabie. m I Memorandum of Understanding Page 11 XVi I I . SJSNATIJEfS F I NAL DRAFT 03/25/92 The undersigned represent that they have the authority to execute this agreement on behalf of their respective agencies/departments and, in slgnlng this agreement, represent a concurrence with and support of the San blego County Vehlcie Theft Task Force as set forth In thls Agreement and for the period and purposes as stated hereln. CLARENCE C. TUCK, Chief Date California Hlghway Patrol - Border Dlvlslon ROBERT VALES, Chief Date Carisbad Pollce Department RICHARD EMERSON, Chief Date Chuia Vlsta Police Department JACK DROWN, Chief Date Coronado Police Department JACK 0. SMITH, Chief Date El CaJon Police Department VINCENT JIMNO, Chief Date Escondido Poilce Department ROBERT R. SOTO, Chief Date La Mesa Police Department - e Memorandum of Understanding Page 12 FINAL DRAFT 03/25/92 STANLEY L. KNEE, Chief Date National Clty Police Department BRUCE DUNNE, Chief Date Oceanside Pollce Department ROBERT W. BURGREEN, Chief Date San Dlego Police Department JAMES ROACH€, Sher I f f Date San Dlego County Sheriff's Department EDWIN L. MILLER, Jr., District Attorney Date San Diego' County District Attorney's Office DAVID P. SHAW, Speclai Agent In Charge Date U.S. Customs Service JAMES J. TURNAGE, Jr., Distrlct Dlrector Date U.S. immigratlon And Naturalization Service w FINAL DRAFT 03/25/92 APPEND I X A PARTICIPATINQ AQENCiES STAFF COSTS: 1. - A. Salarlcs On the attached form, please list each different position and/or ciasslflcatlon, if several people will be employed In the same posltlon/classlflcation, provlde the number. Llst each position by title and show the pay rate and time devoted to the project, including overtime. For example, If the person is employed full-time on the proJect, show the following: District A~~QLWV lnvestlaator I-IL 80.00 (hrs/pay perlod) m (per hr) $2,080.00 ’ .xQ (pay per lods/yr) $43,118.40 annual salary x 2 DA Investigators - $86,237.00 Z)vertlme $20.73 (per hr) x u $31.10 $7,464.00 x 2 DA Investigators - $14,928.00 6. EensLus Employee benefits should be Identified by type and percentage of salarles (e.g., State Unemployment Insurance Q .lo% of $43,118 - $4,312). Agencies may use flxed percentages of salarles to calculate benefits. Examples of beneflts are: employer contrlbutlons for soclai security, employee llfe and health insurance plans, unemployment Insurance and/or penslon plans. Overhead or admlnlstrative costs should not be budgeted. w 0 Append I x A Page 2 FINAL DRAFT 03/25/92 Under the column labeled cost, list annual salary, benefits and overtime costs by posltlon. Total these flgures at the bottom of the page. NOTE: Please round ail numbers to the nearest dollar. I I. -1 INWCTIONS Sectlon XV of the MOU requires that each agency seeking relrnbursement for task force actlvlties will submit a detailed statement of salary. beneflts, and overtlme expense to the Task Force Manaaer on a quarterly basls. The lnvolce will be in the attached format. setting forth the appropriate charges and description. After revlew and approval by the Task Force Manager, the lnvolce will be submitted to: Office of the Dlstrict Attorney 101 W. Broadway, Sulte 1440 San Diego, CA 92101 Attentlon: Budget Sectlon Payment wlll be made within thirty days of receipt and review of the statement by the District Attorney's Office. As lndlcated under Sectlon VI, only baslc salary and related beneflt costs (Including overtime paid at tlme and one-half up to 240 hours) will be reimbursed. The County shall pay to each agency no more than the budgeted amount for the period In the manner descrlbed In the above sectlon. in the unlikely event that revenues designated for this program fall short of what Is required for full relmbursement, reimbursement shall be made on a prorata share basls. In no event will other County funds be us.ed to offset any such shortage. Upon submlssion of an approved Invoice, each agency shall be pald in quarterly Installments. Quarters will be broken out as follows: C)UARTERS lNmuLru July 1 to September 30 October 1 to December 31 January 1 to March 31 Apr i I 1 to June 30 November 15 February 15 May 15 August 15 - 0 w w ! ! ~~~ ~- c + UDGC3' CATEGORY AND LINE-ITEM DETAIL m " . Personal Services - Salaries L 1 b - - rAt