HomeMy WebLinkAboutReso 1990-15802 RESOLUTION NO. 15802
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ENTERING INTO AN AGREEMENT WITH THE SAN DIEGO COUNTY
DISTRICT ATTORNEY'S OFFICE TO PAY FOR THEIR LEGAL
ASSISTANCE INVOLVED IN THE JUDICIAL PROCESSING OF ASSET
SEIZURE CASES, AND APPROPRIATING FUNDS
The City Council of the City of Chula Vista does hereby resolve as
follows:
WHEREAS, the federal government, by the Comprehensive Crime Control Act
of 1984, has created provisions for equitable sharing with state and local law
enforcement agencies of assets seized and forfeited for certain criminal
violations; and
WHEREAS, the Police Department has, through both adoptive seizures and
joint investigations, caused a significant amount of assets to be subjected to
federal forfeiture and intends to continue to emphasize this aspect of the law
enforcement struggle against narcotics trafficking; and
WHEREAS, the success of the City's seizure program has caused an
unacceptable backlog of cases in the litigation areas for which the United
States Attorney's office is responsible; and
WHEREAS, the United States Attorney's office desires that attorneys from
the County District Attorney's Narcotics Division appear in federal court to
litigate forfeiture cases in accordance with 19 U.S.C. Section 1608 or 1610
which arise from seizure of assets by the Chula Vista Police Department; and
WHEREAS, the District Attorney is ready, willing and able to conduct all
legal aspects of civil proceedings in federal court brought by claimants to
assets seized by the Police Department pursuant to 21 U.S.C. Section 881.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista that the City Manager be, and he is hereby authorized and empowered to
execute, for and on behalf of said City, an agreement with the District
Attorney of the County of San Diego authorizing the payment of ten percent
(10%) of the proceeds of federally seized assets which become subject to
judicial forfeiture proceedings, under the terms and provisions as set forth
in the Agreement, known as document number C090-183, on file in the office of
the City Clerk.
BE IT FURTHER RESOLVED that the Director of Finance be, and he is hereby
authorized and empowered to expend funds on an as required basis, to the
District Attorney of the County of San Diego, from Special Fund, solely and
exclusively for the purpose of compliance with the terms of the Agreement.
Resolution No. 15802
Page 2 --
BE IT FURTHER RESOLVED that the Director of Finance be, and he is hereby
authorized and empowered to make payments to the District Attorney of the
County of San Diego, from Special Fund representing ten percent (10%) of the
proceeds from those forfeiture cases handled by attorneys from the District
Attorney's office from September l, 1987 through the effective date of the
Agreement, which cases would have been subject to the Agreement had it been in
effect on September l, 1987.
BE IT FURTHER RESOLVED that the sum of $1551.60 be, and the same is
hereby appropriated from the Asset Seizure Account 3692.
Presented by ro as o T~d
Resolution No. 15802
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula
Vista, California, this 21st day of August, 1990 by the following vote:
AYES: Councilmembers: Malcolm, Moore, Nader, Cox
NOES: Councilmembers: None
ABSENT: Councilmembers: McCandliss
ABSTAIN: Councilmembers: None
Grego Cox, M~yor
ATTEST:
~~A. A<thelet, City~lerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Resolution No. 15802 was duly passed,
approved, and adopted by the City Council of the City of Chula Vista,
California, at a regular meeting of said City Council held on the 21 st day of
August, 1990.
Executed this 21st day of August, 1990.
~Authelet, City Clerk