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Home My WebLink AboutPD Major Crimes Task Force 2016____________________________________________________________________________________ FOR CITY CLERK ONLY File No.: 4-10-114 x 9-3-30 Council Meeting: 03/07/2016 Disposition: Resolution 14084 Agenda Item No: 5.d Meeting Date: March 7, 2016 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: POLICE Prepared by: Diana Bishop, Chief of Police City Manager Approval: ______________ TOPIC: CONTINUATION OF CITY MEMBERSHIP IN MAJOR CRIMES TASK FORCE SUBJECT: RESOLUTION CONFIRMING THE CITY’S CONTINUED PARTICIPATION IN THE MARIN COUNTY MAJOR CRIMES TASK FORCE FROM MARCH 2, 2016 THROUGH JUNE 30, 2017, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE JOINT POWERS AGREEMENT RECOMMENDATION: Staff recommends that the City Council adopt the Resolution confirming the City’s continued participation in the Marin County Major Crimes Task Force from March 2, 2016 through June 30, 2017, and authorizing the City Manager to execute an amendment to the Joint Powers Agreement to provide for the joinder of the Town of Ross. BACKGROUND: In 2002, the City of San Rafael made the decision to not be a member of the Marin County Major Crimes Task Force. This was due to fiscal constraints. The City decided to use public safety funds in other ways. In early 2014, the City and County created an “Ad hoc City/County Liaison Committee” consisting of Mayor Phillips, then-Councilmember Connolly, and two members of the Board of Supervisors. The City’s members of this committee brought forward a request to the City Manager to consider participation in the Marin County Major Crimes Task Force (“MCMCTF” or “Task Force”). In October 2014, on staff’s recommendation, the City Council authorized the City Manager to execute an agreement with the County of Marin that provided for the City of San Rafael’s participation in the MCMCTF for a one-year trial period. The Task Force staff requested that the City of San Rafael join with the other members in executing a new Joint Powers Agreement (“JPA”), but would not agree to a one-year termination provision applicable only to the City. Accordingly, the City Manager signed the new JPA on the City’s behalf, but also provided written “Notice of Intent to Withdraw” from the Task Force after one year, on March 2, 2016. (See Attachment 2). SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 The Notice of Intent to Withdraw advised that it was being sent as a precaution to comply both with the JPA’s withdrawal requirements and with the City Council’s authorization, but also indicated that the City Council would be reviewing the pilot membership before the date of withdrawal, to determine whether the City would instead continue its membership in the MCMCTF. City staff contacted Task Force staff on February 11 to advise that despite the City’s Notice of Intent to Withdraw, the City of San Rafael may wish to continue its membership in the Task Force without interruption beyond March 2, but that the Council would not be considering the matter until its March 7 regular meeting. Pursuant to that discussion it was agreed that in the event the City Council acts on March 7 to approve continuing the City’s membership in the Task Force without interruption, including the period between March 2 and March 7, then the Task Force would be willing to recognize that continued membership. (See Attachment 3). ANALYSIS: The purpose of this report is to advise the City Council of staff’s recommendation based upon the City’s experiences as a member of the MCMCTF during the one-year pilot period, and to request that the Council provide direction to staff as to whether the City should continue its membership beyond the pilot period. Participation in the MCMCTF brings the City of San Rafael more in line with our goal of regional cooperation. Participation allows the MCMCTF to officially investigate criminal cases within the City of San Rafael. A stated goal of the MCMCTF is the “detection, apprehension, and prosecution of maj or crimes, including highly mobile criminal narcotic trafficking, to reduce major narcotic activity and combat its influence throughout the County.” The MCMCTF is merged with the Coordination of Probation Enforcement (“COPE”) team and the Auto Theft Task Force. Since joining the MCMCTF, all three units have been available to the San Rafael Police Department to assist with our investigations as well as conducting separate Task Force initiated investigations in our city. (See Attachment 4 for MCMCTF Annual Report) In the first eleven months of the City’s pilot membership, the MCMCTF has conducted numerous narcotic investigations as well as assisting with other criminal investigations in San Rafael. The MCMCTF has conducted twelve search warrants in the City of San Rafael resulting in arrests as well as narcotics and firearms being confiscated and removed from our streets. In addition to the search warrants, the MCMCTF has many open investigative cases in San Rafael. These types of investigations are extensive and take many resources. An example of MCMCTF assisting the City of San Rafael occurred in October of 2015. There was an explosion that occurred at a fourplex condominium on Bahia Circle in San Rafael. Initial investigation revealed that a drug lab may have caused the explosion. SRPD called the MCMCTF to assist with the investigation. The MCMCTF wrote a search warrant and located 48 grams of Hashish, $1,367 in cash, and a firearm. This resulted in the suspect being charged with numerous felony violations, including child endangerment. In the past, the San Rafael Police Department’s Street Crimes Unit (“SCU”) has investigated drug related offenses. Since joining the MCMCTF, SCU has been able to focus most of its time on investigating gang related incidents and conducting Human Trafficking operations. The MCMCTF has also assisted SCU with some of its more extensive operations, which required more personnel to operate successfully. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 In the last year auto thefts have increased in San Rafael 41%, from 247 thefts to 348. The Auto Theft Task Force will continue to assist the PD with investigative strategies such as deploying a “bait car” in different locations in San Rafael. While there are clearly benefits to the City of San Rafael participating in the MCMCTF, there are also significant costs. Therefore, staff believes that it would be prudent for the Council to approve continuing the City’s MCMCTF membership through fiscal year 2016-2017, but for staff to continue to evaluate our participation against the costs in the future. If the Council agrees to continue participation in the Task Force, the City Manager will send written notice to the Task Force formally rescinding the City’s Notice of Intent to Withdraw. Thereafter, the City’s me mbership in the MCMCTF will continue unless and until such time as the City Council may choose to give notice of withdrawal. A proposed resolution is attached that confirms the City’s continuing membership in the Task Force through fiscal year 2016-2017 and directs the City Manager to officially rescind the City’s prior Notice of Intent to Withdraw. (Attachment 1) In addition, because the Town of Ross has recently decided to join the Task Force and MCMCTF staff will be circulating a revised JPA for signature by all members, the proposed resolution also authorizes the City Manager to execute the new JPA. FISCAL IMPACT: The cost to continue participation in the MCMCTF for the remainder of fiscal year 2015-2016, March 2, 2016 through June 30, 2016 is $33,772.25. There are sufficient funds currently available in the Police Department’s General Fund budget to support this expenditure. The annual cost to participate in fiscal year 2016-2017 for the City of San Rafael is $152,277. If this recommendation to extend the agreement is accepted, these funds will be programmed in the Police Department’s General Fund when the City’s annual operating budget is presented to the City Council in May 2016. OPTIONS: 1. Adopt the Resolution as presented, confirming the City’s continued membership in the MCMCTF; 2. Decline to adopt the Resolution, and affirm the City’s intention to withdraw from the MCMCTF as of March 2, 2016. RECOMMENDED ACTION: Adopt the Resolution confirming the City of San Rafael’s continuing membership in the MCMCTF, directing the City Manager to rescind the City’s Notice of Intent to Withdraw, and authorizing the City Manager to execute the amendment to the JPA pertaining to the membership of the Town of Ross. ATTACHMENTS: 1. Resolution 2. Notice of Intent to Withdraw 3. February 11, 2016 letter to Undersheriff Mike Ridgway 4. MCMCTF Annual Report RESOLUTION NO. 14084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL CONFIRMING THE CITY’S CONTINUED PARTICIPATION IN THE MARIN COUNTY MAJOR CRIMES TASK FORCE FROM MARCH 2, 2016 THROUGH JUNE 30, 2017, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE JOINT POWERS AGREEMENT WHEREAS, a Joint Exercise of Powers Agreement (“JPA”) entered into in 1977 between the County of Marin and all 11 incorporated cities and towns, including the City of San Rafael, authorized the creation of the Marin County Major Crimes Task Force (“MCMCTF”), a specialized undercover investigative unit comprised of specially trained detectives whose primary mission was to identify, prevent, and/or prosecute drug related criminal activity occurring throughout the County of Marin; and WHEREAS, in fiscal year 2002-2003 the City of San Rafael elected to withdraw from participation in the MCMCTF; and WHEREAS, in October 2014, the City Council authorized the City Manager to execute an agreement with the County of Marin that provided for the City of San Rafael’s participation in the MCMCTF for a one-year trial period; and WHEREAS, the City Manager signed the new JPA on the City’s behalf, but also provided a precautionary written “Notice of Intent to Withdraw” from the Task Force after one year, on March 2, 2016, subject to rescission should the City Council determine to continue participation in the MCMCTF after March 2, 2016; and WHEREAS, the San Rafael Police Department has reported to the City Council on the results of the City’s one-year pilot membership, and has recommended that the City continue participating in the MCMCTF; and WHEREAS, the City Council finds that it will be in the best interests of the City of San Rafael for the City to continue to participate in the MCMCTF; and WHEREAS, the MCMCTF is proposing to amend the JPA for the purpose of accepting the Town of Ross as a new member; NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby confirms that the City of San Rafael wishes to and will continue to participate in the MCMCTF without interruption after March 2, 2016; authorizes funding of $33,772.25 for the remainder of FY 2015-2016; and expresses its intention to continue funding of that membership in FY 2016-2017 for $152,277. BE IT FURTHER RESOLVED, that the City Manager is hereby directed to send a notice to the MCMCTF formally rescinding the City’s March 12, 2015 Notice of Intent to Withdraw, and to execute a new JPA as requested by MCMCTF staff, in a form to be approved by the City Attorney, to provide for the joinder of the Town of Ross as a new member of MCMCTF,. I, Esther C. Beirne, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 7th of March 2016, by the following vote, to wit: AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None Esther C. Beirne, City Clerk March 12,2015 Marin County Major Crimes Task Force Attn: Oversight Committee C/O Marin County Sheriffs Office 1600 Los Gamos Drive, Suite 200 San Rafael, CA 94903 MAYOR GARY O. PHILLlPS VICE MAYOR ANDREW CUYUGAN MCCULLOUGH COUNCILMEMBER MARIBETH BUSHEY COUNCILMEMBER KATE COLIN COUNCILMEMBER JOHN GAMBLIN CITY MANAGER'S OFFICE PHONE: 415-485-3070 FAX: 415-459-2242 Re: Notice of Intention to Withdraw from Marin County Major Crimes Task Force Joint Exercise of Powers Agreement dated February 15,2015, Effective March 2,2016 Dear Committee Members: The City of San Rafael is now a member of the Marin County Major Crimes Task Force ("Task Force"). We are hopeful that this participation will prove beneficial to all members of the Task Force and to the County of Marin as a whole. As you may know, the San Rafael City Council initially has authorized the City's participation in the Task Force only for a one year pilot period; the Council intends to reconsider the City's participation towards the end of this one year period, after review of the City's experiences and results as a member of the Task Force. In order to ensure the City's obligation to the Task Force is consistent with the City Council's authorization, and given the requirement for a minimum 6-month notice of intention to withdraw from the Task Force in Section 6.1 ofthe Joint Exercise of Powers Agreement ("JPA"), the City must, as a precaution, provide that notice to the Oversight Committee well before the City Council will have the opport~nity to consider the results of the one year trial participation. Therefore, this is to formally notify you pursuant to Section 6.1 of the JP A that the City of San Rafael intends to withdraw from the Task Force effective March 2,2016. We do so with the understanding and intention that the City may rescind this notice at any time prior to its effective date, should the City Council determine to continue the City'S participation in the Task Force. Sincerely, ~-~~ Nancy Mackie City Manager cc: Mayor Gary Phillips and City Council Sheriff Robert Doyle Robert Epstein, City Attorney Renee Giacomini Brewer, Deputy County Council 1400 FmH AVENUE -PO Box 151560· SAN RAFAEL, CA 94915-1560 WWW.CJTYOFSANRAFAEL.ORG CITY Of ...::st:Vn OFFICE OF THE CITY ATTORNEY Robert F. Epstein, City Attorney Li sa A . Goldflen, Assistant City Attorn ey Eri c T. D avis . D eputy C ity Atto rn ey II Via U.S. Mail and Email: mridglVfry@marills/zerif(.org Michael 1. Ridgway, Undersheriff Marin County Sheriff's Office 1600 Los Gamos Drive, Suite 200 San Rafael , CA 94903 • February 11,2016 MAYOR GA RY O. PHI L LIPS VICE MAYO R A N DR EW M CC UL LOU GH COUNCILMEMBER MARIB ET H BU SHEY COUNCILMEMBER KATE CO LI N COUN CILMEMB ER JO HN GAM BLIN Re: City of San Rafael Membership in Marin County Major Crimes Task Force Status of City's Notice ofIntent to Withdraw Dear Mike: Yesterday I advised you and County Counsel by email that despite the City's March 12, 2015 Notice ofIntent to Withdraw from the Task Force effective March 2,2016, the City of San Rafael may wish to continue its membership in the Task Force without interruption beyond March 2. However, the City Council will not be able to consider the City'S continuation in the Task Force until its meeting on March 7. At that time , City staff will be recommending to the Council that the City of San Rafael continue its membership in the Task Force, and we have no reason to believe the Council will not concur with this recommendation. However, until the Council takes action, we cannot rescind the City'S Notice ofIntent to Withdraw. This is to confirm our telephone conversation today wherein you agreed that in the event the City Council acts on March 7 to approve continuing the City'S membership in the Task Force without intelTuption, including the period between March 2 and March 7, then the Task Force would be willing to recognize that continued membership. Please let me know if I have misstated our understanding, or if you require anything more from the City at this time. We greatly appreciate your courtesy in this matter. Very truly yours Lb~~ Assistant City Attorney cc: Renee Giacomini Brewer, Esq., Deputy County Counsel Jim Schutz, City Manager Chief Diana Bishop, SRPD Capt. David Starnes, SRPD 1400 Fi fth Avenue (P .O. Box 151560) Sa n Rafael , CA 94915-1560 PHON E: (4J 5) 485-30 80/ FAX: (415)485-3109 / EMAIL: city.attorney@cityofsllnrafael.org ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: Use this cover sheet with each submittal of a staff report before approval by the City Council. Save staff report (including this cover sheet) along with all related attachments in the Team Drive (T:)  CITY COUNCIL AGENDA ITEMS  AGENDA ITEM APPROVAL PROCESS  [DEPT- AGENDA TOPIC] Agenda Item # Date of Meeting: 3/7/2016 From: Diana Bishop Department: Police Date: 2/23/2016 Topic: Marin County Major Crimes Task Force Subject: Resolution authorizing City Manager to execute agreement with County of Marin to continue participation in Marin County Major Crimes Task Force Type: Resolution Ordinance Professional Services Agreement Other: APPROVALS Finance Director Remarks: approved - MM City Attorney Remarks: LG-Approved 2/29/16. Author, review and accept City Attorney / Finance changes Remarks: DS Approved City Manager Remarks: