HomeMy WebLinkAbout1990-10-02; City Council; Resolution 90-363F e 0
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RESOLUTION NO. 90-363
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD, CALIFORNIA,
AUTHORIZING REIMBURSEMENT TO SAN
DIEGO COUNTY DISTRICT ATTORNEY'S
OFFICE FOR ASSET SEIZURE LITIGATION
AND APPROPRIATING FUNDS
WHEREAS, the federal government, by the Comprehensive Crime Control
1984, has created provisions for equitable sharing with state and local law enfo.
agencies of assets seized and forfeited for certain criminal violations; and
WHEREAS, the Police Department has, through both adoptive seizures a1
investigations, caused a significant amount of assets to be subjected to federal fc
and intends to continue to emphasize this aspect of the law enforcement :
against narcotics trafficking; and
WHEREAS, the success of the City's seizure program has caused an unacc
backlog of cases in the litigation areas for which the United States Attorney's (
responsible; and
WHEREAS, the United States Attorney's Offices desires that attorneys fi
County District Attorney's Narcotics Division appear in federal court to
forfeiture cases in accordance with 19 U.S.C. section 1608 or 1610 which ari
seizure of assets by the Carlsbad Police Department; and
WHEREAS, the District Attorney is ready, willing and able to conduct i
aspects of civil proceedings in federal court brought by claimants to assets seizec
Police Department pursuant to 21 U.S.C., Section 881, NOW THEREFORE,
BE IT RESOLVED by the City Council of the City of Carlsbad, that the City I
be and he is hereby authorized and empowered to execute, for and on behali
City, an agreement with the District Attorney of the County of San Diego, authc
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the payment of ten percent (10%) of the proceeds of federally seized assets
become subject to judicial forfeiture proceedings, under the terms and provision
forth in the agreement on file in the office of the City Clerk.
BE IT FURTHER RESOLVED, that the Chief of Police be and he is hereby aut1
and empowered to expend funds on an as-required basis, to the District Attorne
County of San Diego, from the Police Department Assets Forfeiture Fund, sol'
exclusively for the purpose of compliance with the terms of the agreement.
BE IT FURTHER RESOLVED, that the Finance Director of the City of Carls
and he is hereby authorized and empowered, to appropriate funds and tc
payments to the District Attorney of the County of San Diego, from the
Department Assests Forfeiture Fund; said appropriations and payments reprc
ten percent (10%) of the proceeds from those forfeiture cases handled by the
Attorney's Office from September 1, 1987, through the effective date of the agr
which payments would have been retroactive from September I, 1987 1
agreement been in effect on that date.
PASSED, APPROVED AND ADOPTED at a regular meeting thereof, held on
the 2nd day of October L 1990, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson and Mamaux
NOES: None
ABSENT: None
ABSTAIN: Council Member Pettine
CLAUDE A. LEWIS, Mayor
ATTEST:
\ ALETHA L. RAUTENKRANZ, City Clerk
I(SEAL1
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