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HomeMy WebLinkAbout09/06/2016 06C Settlement of Litigation with Jose Ochoa-Mares ,.„ . s. n. 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