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HomeMy WebLinkAboutResolution No. 5970 (Narcotics Unit)RESOLUTION NO. 5970 A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING AMENDMENTS TO THE MAJOR CRIMES TASK FORCE JOINT POWERS AGREEMENT FOR THE ADDITION OF A NARCOTICS UNIT WHEREAS, the City of San Rafael has entered into a Joint Powers Agreement with the eleven other Law Enforcement jurisdictions for the purpose of creating the Marin County Major Crimes Task Force; and WHEREAS, the Marin County Police Chiefs' Association recently concluded a brief (90 day) experiment with the operation of a County -Wide Drug Enforcement Unit; and WHEREAS, experience and exposure to crime and narcotics in our City prove the need for narcotics enforcement in San Rafael; and WHEREAS, to meet this need a proposal has been made by the Marin County Police Chiefs' Association and the Oversight Committee of the Marin County Major Crimes Task Force to expand the Marin County Task Force by the addition of a narcotics com- ponent; and WHEREAS, said program would be comprised of a special narcotics unit added to the Major Crimes Task Force, which would provide services on a cooperative basis in the best interest of the citizens of the City of San Rafael; NOW, THEREFORE BE IT RESOLVED, that the City of San Rafael agrees to provide necessary fair share contributions to the Major Crimes Task Force through June of 1981 and that the cash will be appropriated as required thereby. BE IT FURTHER RESOLVED, that the Mayor of the City of San Rafael is authorized to execute the amendments to the Major Crimes Task Force Joint Powers Agreement. flTD ",-UGINAL RESOLUTION NO. 5970 I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regular- ly introduced and adopted at a regular meeting of the Council of said City on Tuesday , the second day of September , 1980, by the following vote, to wit: AYES: COUNCILMEMBERS:Breiner, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:Nixon A sz&��- � J(EPNE M. LEONCINI, City Clerk - 2 - 23 A/20 AMENDMENT OF JOINT POVERS AGREEMENT MARIN COUNTY MAJOR CRIMES TASK FORCE RECITALS 1. The County of Marin and the Cities of Belvedere, Corte Madera, Fairfax, Larkspur, Mill Valley, Novato, Ross, San Anselmo, San Rafael, Sausalito and Tiburon in ALgust, 1979 entered into a Joint Powers Agreement for the purpose of creating a Major Crimes Task Force to combat major crime throughout the County without regard to boundaries. 2. Said Task Force since its inception has gathered and referred intelligence infor- mation on all types of major crimes and has itself investigated crimes and made ar- rests on a selective basis. 3. While the Joint Powers Agreement does not so limit Task Force activities, as a matter of unstated policy investigation of narcotics violations and arrests of nar- cotics suspects generally have been excluded from Task Force activities. However, the greater part of intelligence information garnered by the Task Force has been related to narcotics violations, ususally entwined with other crimes w1nether against property or persons. 4. Accordingly, the parties have determined to expand the selective investigation function of the Task Force to include traders in the more dangerous narcotics, to strengthen the Task Force forthis purpose and to provide appropriate control over its activities in this regard, without reducing its other functions. 5. Said parties, therefore, mutually agree to amend the Joint Powers Agreement of August 1979 in the following respects only effective October 1, 1930. R.EVISIONS Section 5-b-2 is amended to read in its entirety: 2. (The subcommittee of the Chiefs Association shall) draft procedures and regulations to direct and control the Task Force, said procedures and regulations to be designed to target major violators only, to avoid incursion on civil rights and to avoid injury to innocent persons or those peripherally involved. Said procedures and regulations shall be subject to review and approval by the Oversight (monitoring) Committee established under Section 4 hereof. Section 7 is amended to read in its entirety: 7. Budget; Member Contributions. A. Association annually shall prepare a budget for the Task Force setting forth proposed service levels, staffing, expenses, antici- pated grant funding or other outside revenues, and proposed sharing of net local cost among the parties. After review and any modifi- cation deemed necessary by the Oversight Committee established under Section 4 hereof, said budget- shall be submitted to the parties hereto no later than May 1 of each year, and shall be deemed approved by the parties pursuant to their individual approval of their re- spective budget allocations to the Task Force for the ensuing fiscal year. t. - 2 - B. For Fiscal Year 1980-81, the Task Force budget and the contri- bution of each party shall be as set forth in Exhibit A, attached hereto and incorporated herein by reference. C. Personnel assigned to the Task Force shall continue to be employed and compensated by the assigning party, subject to reimbursement for actual cost from Task Force funds. Section 8-d and Section 9 are deleted, and remaining Sections renumbered. 6. Except as amended by this instrument, the original agreement of August 1, 1979 remains in full force and effect, IN 14ITNESS WHEREOF the parties hereto have set their hand the day and year below written. DATED: ATTEST: Clerk of the Board of Supervisors Dated: ATTEST: City Clerk Dated: City Clerk Dated: ATTE ST: City Clerk Dated: ATTEST: Dated: ATTEST: City Clerk City Clerk President, Marin County Board of Supervisors . Mayor, City of Belvedere Mayor, Town of Corte Madera Mayor, City of Fairfax Mayor, City of Larkspur Mayor, City of Mill Valley Dated: ATTEST: City Clerk Dated: ATTEST: - 3 - Mayor, City of Novato Mayor, Tovm of Ross Toi,m Clcrlc Datcd: Mayor, Tom of San Anselmo ATTEST: Tom Clerk Dated: Mayor, City of San Rafae ATTE T: 7-Appppr'ov�e�d as to form: City Clerk Dated: ATTEST: Mayor, City o- Sausalito City Clerk Dated: A1T E ST : City Clerk Mayor, City of Tiburon r EXHIBIT A TO AMEN HENT OF JOINT POURS AGREEMENT MAJOR CRIMES TASK FORCE REVISED BUDGET A. Budget as previously submitted and approved (9/1/80 - 6/30/81): Salaries & benefits (1 Unit Commander, 5 Investigators,- 1 Clerical) $163,482 Support costs 19,600 Total budget 183,082 Less LEAA Grant (111,530) Net local cost 71,552 B. Additions (10/1/80 - 6/30/81 Salaries & benefits (3 Investigators-;) 67,500 Support costs Buy money 20,000 Vehicles, Comms equip., training & contingencies 35,000 55,000 122,500 Less local funds available from prior allocation (10,390) Net new local funds needed 112,110 -;Each Investigator at average total comp cost of $30,000 per annum C. Allocation of Local Cost - FY 80-81 Dept, of Finance original-* Additional 1-1-80 Est.s of % of .Jurisdiction Allocation Needed City Population total City pop. County of Marin $24,099 $60,401 Cities - total 57,843 51,709 81,942 112,110 Belvedere 918 780 2,474 1.55 Corte Madera 3,081 2,243 7,772 4.86 Fairfax 2,909 2,240 7,509 4.70 Larkspur 4,572 4,247 12,865 8.05 Mill Valley 4,982 4,275 13,512 8.45 Novato 13,816 15,336 42,537 28.61 Ross 983 748 2,522 1.58 San Anselmo 4,818 3,716 12,453 7.79 Sail Rafael 16,798 13,581 44,323 27.73 - Sausalito 2,344 2,356 6,582 4.29 1'i.h�iro'1 2,622 2,187 7,009 4.39 :p, r 1C176 nnmil:il inn nsl'iival-r„- August, 1980 A PROPOSAL FOR EXPANSION OF 111E CHARTER OF THE MAJOR CRIMES TASK FORCE TO INCLUDE INVESTIGATION AND ARREST OF MAJOR TRADERS IN DANGEROUS DRUGS A Report and Recommendations to City and Town Councils and the Board of Supervisors from the Oversight Committee - Major Crimes Task Force and the Marin County Police Chiefs Association A. Perspective The Marin County Police Chiefs Association recently has concluded a brief experiment with operation of a County -wide Drug Enforcement Unit. The pur- pose of this report is to summarize the activities undertaken and the con- clusions drawn therefrom, and to propose a joint course of action for the future. lie start from the premise that a sustained and real reduction in the drug trade will come only from a three -pronged effort: 1. Full-scale international cooperation in limiting at the source the production of raw materials for narcotics and their subsequent dis- tribution. 2. In the United States, some degree of legalization and regulation, at least of the less dangerous drugs, as distinct- from outright prohibition - to remove the glamor and the excess profits from the trade. 3. Consistent, sophisticated local and regional law enforcement effort. lie submit that only the third prong is within local power. We further submit, like it or not, that drug enforcement in Marin County has created a vacuum which attracts more than Marin County's share of the drug trade. We propose a sustained but limited and affordable effort to reduce the vacuum effect, to make drug trading harder to get away with in Marin County. We admit that this effort will have limited effect only. We call on higher levels of government to pursue the first prong and the second prong with all deliberate speed. Attachment No. 1 is a report summarizing the operations and findings of the in- formal, time-limited and underfunded Drug Enforcement Unit formed by the Chiefs Association and operated from April lst to mid-July, 1980. The Oversight Com- mittee and the Chiefs Association have reviewed this report carefully and find it to be accurate and without exaggeration. Former members of the now disbanded temporary unit- are available to meet with Board of Supervisors and Councilmembers to give further insight. B. Local Alternatives; Proposed Course of Action The Oversight Committee and the Chiefs Association together have considered how best to fill the vacuum on a minimum sustained basis at affordable cost and with- out undesirable side effects. C1r­%F­tY - 2 - We have rejected any direct participation or any degree of control what- soever by either State or Federal Agencies or Agents. While communication and cooperation with Federal and State authorities will be warranted, Marin County and in particular its elected officers must be in full control. We also have rejected any approach which would snare either users or the first rank of small street dealers, as distinct from major and interconnected suppliers, as well as any approach which fails to distinguish between for instance marijuana on the one hand and hard drugs on the other. The latter must be the prime target. Finally, we have rejected any form of organization so far removed from elected Councilmembers and Supervisors as to be not accountable to the electorate. We have settled on a straightforward. recommendation that the charter and re- sources of the existing Major Crimes Task Force be strengthened, so that it may target and tackle major drug crime along with other major crime, to which latter to date the Task Force has been limited. We believe this approach is preferable by far to a separate drug enforcement unit. Specifically we suggest the addition of three investigators to the present staff of the Task Force (now one Unit Commander, five investigators and one clerical), with fair share fund support, strengthened civilian controls, and a binding statement of philosophy and approach aimed at strategic targeting. C. Documentation Attached Three attachments are provided: Attachment ill - Report of temporary Drug Enforcement Unit experiment. Attachment #2 - Recommended amendments to the Major Crimes Task Force Joint Powers Agreement. Exhibit A shows revised budget and revised allocations of local cost. Attachment #3 - For reference, text of the existing Joint Powers Agree- ment. D. Financing As shown in E:dzibit A to the Joint Powers Agreement amendments, the sum needed for expansion of the Task Force for the period October 1, 1980 through June 30, 1981 is $112,110. The County has committed approximately $60,000; the balance is divided among the eleven cities on the basis of January 1, 1980 city popu- lation as estimated by the State Department of Finance. As to future funding, we are confident that at least the portion of the total budget now covered by a Federal LEAA grant- will continue to be picked up by outside sources. The innovative and cooperative nature of the proposed effort is calculated not only to serve local purposes, but also to attract private foundation funding. E. Recommendation It is recommended that after due consideration the eleven City or Town Councils - 3 - and the County Board of Supervisors: 1. Approve amendments to the Major Crimes Task Force Joint Powers Agree- ment (Attachment #2) and authorize presiding officers to sign. 2. Approve revised budget for the Major Crimes Task Force through June 30, 1981 and make funds available for the specified fair share contributions (Exhibit A to Joint Powers Agreement). 3. Authorize filing of grant applications for future years aimed at replacing the current LEAA grant and stabilizing local cost at or near the 80-81 level. _ Respectfully submitted, OVERSIGHT COMMITTEE, MAJOR CRIMES TASK FORCE; MARIN COUNTY POLICE CIIIEFS ASSOCIATION ATTACHMENT #�_ REPORT OF OPERATIONS AND FINDINGS Temporary Marin County Drug Enforcement Unit - April -July, 1980 1. Personnel Operational April 1, 1980 with six officers on voluntary assignment from Marin County Law Enforcement Agencies and a special agent from the California Department of Justice, all working for most of the time period: Coordinator: Field Supervisor: Agent: Agent: Agent: Agent: Advisor: Legal Advisor: 2. Start -Up Chief Bernard Del Santo San Anselmo Police Department Sergeant Charles Prandi _ Marin County Sheriff's Department Officer X San Anselmo Police Department Officer X Mill Valley Police Department Officer X Novato Police Department Officer X San Rafael Police Department Special Agent X California Department of Justice Ernest Zunino - Prosecutor Marin County District Attorney's Office During the first two weeks of April, Unit personnel studied drug enforcement operational methods in the Counties of Sonoma, Napa, Lake, Contra Costa, Alameda and San Francisco. Unit members also secured intelligence information from the Major Crimes Task Force, local officers and detectives, the Federal Drug Enforcement Administration, and the IRS Crimina: Intelligence Division. By April 7th, Unit members began to develop both existing and new confidential informants. Areas whi ere drug sales were known to be occurring were analyzed and documented. By April 14th, office space at Hamilton Air Force Base was procured with the intent of maintaining the integrity of covert operations, including sessions with informants. however, secur? was lost when the press revealed this location. 3. "Working the Street" - purchase and Arrest Record; Referrals By May, 1980, using the limited buy money available, agents began to purchase "street" quantities of methamphetamine, quaaludes, cocaine and heroin. The heroin was of signifi- cance in that it was identified as "Persian", the latest, purest heroin entering the United States with origins in the Middle East. - 2 - By June, 1980 agents were making "street" level buys all over the County. Due to a combination of inadequate funding and inadequate time to develop chains of evidence, few major violators were targeted during the period of the experiment. Information was developed on 180 suspected drug dealers in Marin County, most of whom are classified as "street" level violators. Thirty undercover purchases were made, the types of narcotics and drugs purchased being heroin, methamphetamine, quaaludes and cocaine. The geographic distribution of these purchases was as follows: San Rafael 8, Fairfax - 6, Corte Madera - 3, Larkspur - 3, Novato - 3, Sausalito - 3, Mill Valley - 2, San Anselmo - 2. As of this Nrriting, 22 felony arrests have been made by the unit and 3 more are pending as the Unit winds down. Also, Unit personnel assisted -State agents on illegal pre- scriptions issued by a local doctor, and rendered assistance to Federal and State Agents; Reno, Nevada Agents; Contra Costa County Agents and Napa County Agents. The Unit made referrals on other types of crimes to the Major Crimes Task Force and to 10 Marin County City Police Departments. The Unit referred two users to the County Methadone Program, and 5 users to TASC (Treatment Alternative to Street Crime) for treatment. Unit members also met with parents on several occasions for discussion of drug involvement of family members, met with members of the Juvenile Justice Coin -mission, and made classroom presentations in three schools. 4. Intelligence Gained but not Pursued due to Time and Money Limits. Information and physical evidence indicate the probable presence of clandestine labs in the County producing methamphetamine and hallucinogenic "MDA", a drug similar to LSD. Intelligence indicates large scale trafficing in Marin County in cocaine, heroin, LSD and methamphetamine, as well as smuggling utilizing aircraft and watercraft. Trading in heroin and methamphetamine has been traced to elements in Marin County who are closely aligned with prostitution as well as to local members of an outlaw motor- cycle gang. Drug use in Marin County is not a working class phenomenon. Heroin, particularly "Persian" heroin, and cocaine have become recreational pursuits of many middle and upper class Marin County residents. Cocaine, the most prevalant drug, is found in bars, department stores, service stations, restaurants and at social gatherings and on many school campuses. Cocaine is used increasingly not for traditional and re- latively innocuous sniffing, but in "free base" form, smoked, injected or mixed with other drugs. During undercover operations and in the course of subsequent arrests, numerous weapons were found in the possession of suspects. While presumably intended primarily to protect stashes from rip offs by others in the trade, these weapons also represent a danger to enforcement personnel and to innocent bystanders. 5. Drugs of Concern Dangerous drugs found to be prevalent are as follows: - 3 - a. Primary Concern (1) Heroin originating in Mexico, Asia or the Middle East. (2) Cocaine originating in South America. (3) Methamphetamine originating from clandestine laboratories in Northern California with traffic dominated by outlaw motorcycle elements. (4) LSD -25 originating in clandestine laboratories world-wide. LSD has made a dramatic come -back in this form. (5) PCP, also originating in simple clandestine laboratories in California, has begun to appear in the North Bay Area. This drug also is very dangerous. b. Secondary Concern (1) Psilocybin (mushrooms) - mild hallucinogenics which are easy to grow and have a particular appeal to young people. (2) Legitimate pharmaceuticals diverted into illicit trade. 'these include Valium, Barbiturates, Amphetamines, Synthetic Narcotics, Librium, Morphine and Methadone. 6. Conclusion While drug abuse and addiction may be regarded as crimes against self resulting in varying degrees of self-destruction, the same cannot be said as to traff-icing, smuggling, manufacturing and export, nor as to linked crimes against property and crimes of violence. What is needed is sustained, intensive intelligence gathering, followed by strategiL. targeting, thorough investigation, quality arrests, prosecution and incarceration.