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
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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.
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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:
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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
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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
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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.
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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:
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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.