HomeMy WebLinkAbout09/06/2016 06C Settlement of Litigation with Jose Ochoa-Mares ,.„ .
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
Item No. 6.C.
For Meeting of: September 6, 2016
ITEM TITLE: Resolution authorizing a settlement agreement with Jose Ochoa-
Mares to resolve and settle the litigation brought by the City
SUBMITTED BY: Bronson Faul, Senior Assistant City Attorney
SUMMARY EXPLANATION:
This matter is on for consideration of a Resolution authorizing the City Manager to execute a
settlement agreement entered into by the City of Yakima and Jose Ochoa -Mares to resolve and
settle litigation brought by the City against certain Defendant property seized by City of Yakima
Police officers. On April 28, 2015, pursuant to Revised Code of Washington ( "RCW ")
69.50.505, Yakima police seized $133,084 in U.S. Currency; 2006 GMC Yukon; 2007 Toyota
Tundra; 1959 Ford Fairlane; 1966 Chevy Impala; and 1970 Oldsmobile Cutlass ( "Defendant
property") from Claimant which was used or intended for use in connection with, or was derived
from offenses involving controlled substances or other contraband.
The litigation against the Defendant property was settled through negotiations between the City
and Claimant. The City of Yakima agrees to return the 2007 Toyota Tundra to the Claimant and
the Claimant agrees to forfeit to the City all remaining Defendant property.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Public Safety
l if
APPROVED FOR
fir
SUBMITTAL: City Manager
STAFF RECOMMENDATION:
Adopt Resolution.
BOARD /COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
Resolution regarding settlement agree nt between
8/25/2016 Resolution
City and Jose Ochoa-Mares
D Stipulation and Settlement Agreement 8/25/2016 Backup Material
RESOLUTION NO. R -2016-
A RESOLUTION authorizing and directing the City Manager of the City of Yakima to
execute the settlement agreement entered into by the City of Yakima
( "City ") and Jose Ochoa -Mares ( "Claimant ") to resolve and settle the
litigation brought by the City.
WHEREAS, on April 28, 2015, pursuant to Revised Code of Washington ( "RCW ")
69.50.505, City of Yakima Police Department officers seized $133,084.00 in U.S. Currency;
2006 GMC Yukon; 2007 Toyota Tundra; 1959 Ford Fairlane; 1966 Chevy Impala; and 1970
Oldsmobile Cutlass ( "Defendant property ") from Claimant which was used or intended for use
in connection with, or was derived from offenses involving controlled substances or other
contraband; and
WHEREAS, on May 1, 2015, pursuant to RCW 69.50.505(3), a Notice of Seizure and
Intended Forfeiture and the right to a hearing as to the Defendant property was served upon
Claimant; and
WHEREAS, through negotiations between the parties, a settlement agreement was
reached by the City and Claimant to resolve and conclude all claims in the matter; and
WHEREAS, the Claimant agrees to forfeit to the City all Defendant property except the
2007 Toyota Tundra; and
WHEREAS, the City of Yakima agrees to return the 2007 Toyota Tundra to Claimant;
and
WHEREAS, in the settlement agreement, liability for all such claims is denied by the
entities being released; and
WHEREAS, the City Council of the City of Yakima deems it to be in the interest of the
City to authorize the City Manager to execute the settlement agreement entered into by the
City of Yakima and Claimant to resolve and conclude the litigation; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Council of the City of Yakima hereby authorizes and directs the City Manager of
the City of Yakima to execute the attached settlement agreement between the City and
Jose Ochoa- Mares.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
ADOPTED BY THE CITY COUNCIL this 6th day of September, 2016.
ATTEST: Kathy Coffey, Mayor
Sonya Claar Tee, City Clerk
1 BEFORE THE CHIEF OF POLICE FOR THE CITY OF YAKIMA
2 COUNTY OF YAKIMA, STATE OF WASHINGTON
3
4 CITY OF YAKIMA,
YPD NO. 15Y- 016745
5 Plaintiff,
6 STIPULATION AND
vs. SETTLEMENT AGREEMENT
7
8 $133,084.00 U.S. CURRENCY; 2006 GMC
YUKON, VIN 1GKEK63U463J139119; 2007
9 TOYOTA TUNDRA, VIN
10 5TFBT54137X009521; 1959 FORD
11 FAIRLANE, VIN B9RS 157801; 1966 CHEVY
IMPALA, VIN 1643761208795; 1970
12 OLDSMOBILE CUTLASS, VIN
13 342570Z138065;
14 Defendant,
15
16 JOSE OCHOA - MARES,
17 Interested Party.
18
19
20 COMES NOW the City of Yakima, by and through its attorney, Bronson Faul, and
21
Claimant, Jose Ochoa- Mares, by and through his attorney, Ulvar Klein, stipulate and agree
22
as follows:
23
24 1. Claimant and the City of Yakima enter into this agreement to avoid
25 the time and expense of further litigation. The parties agree that this settlement agreement
26 fully resolves all issues presented in this forfeiture matter.
27
2. The parties stipulate that on or about April 28, 2015, City of Yakima
28
29 Police Department officers seized the Defendant property from Claimant with probable
30 cause as property which was used or intended for use in connection with, or was derived
31 from, offenses involving controlled substances or other contraband as described in
32
Revised Code of Washington ( "RCW ") 69.50.505.
33
STIPULATION AND SETTLEMENT AGREEMENT- 1 CITY OF YAKIMA LEGAL ONFART
200 South Third Sheet
Yakima, WA 98901 -2830
(509) 575-6030
Fax 575 -6160
1 3. By entering into this agreement, Claimant explicitly waives any right to
2
further review or appeal of any matters relating to the above - referenced forfeiture case.
3
4 4. Claimant agrees to forfeit to the City of Yakima all defendant property
5 except the 2007 Toyota Tundra.
6 5. The City of Yakima agrees to return the 2007 Toyota Tundra.
7 6. Claimant makes no admission of liability by entering into this
8
Settlement Agreement.
9
10 7. This Agreement constitutes the final written expression of all the terms
11 of this Agreement and is a complete and exclusive statement of these terms.
12 8. Neither party substantially prevails and each party is responsible for
13
their own attorney fees.
14
15
16
17
18 Bronson Faul, WSBA# 34272 DATE
Assistant City Attorney
19 Attorney for City of Yakima
20
21
22
23 Jose Ochoa -Mares DATE
24 Claimant
25
26
27
28 Ulvar Klein, WSBA# 24334 DATE
Attorney for Claimant
29
30
31
32
33
STIPULATION AND SETTLEMENT AGREEMENT- 2 CITY OF YA CIV t i LEGAL ONFART
200 South Third Sheet
Yakima, WA 98901 -2830
(509) 575-6030
Fax 575 -6160