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Ord 308ORDINANCE NO. 308 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA ESTABLISHING A LAW ENFORCEMENT FORFEITED PROPERTY AND ASSETS PROGRAM AND DECLARING THE URGENCY THEREOF WHEREAS, Federal and State law authorize the seizure by law enforcement per- sonnel of real and personal property used in connection with or in relation to the commission of certain crimes; and WHEREAS, Federal and State law provide for participation by cities in the retention of seized and forfeited property by local law enforcement agencies and the use of the proceeds of such property exclusively for law enforcement pur- poses in order to encourage and assist local law enforcement efforts against crime in general, and illegal drug trafficking in particular; and WHEREAS, drug trafficking within the City of Poway constitutes a current and immediate threat to the public peace, health, safety, and welfare in that it is causing injury and death to the citizens of the community; and WHEREAS, it is necessary to establish a Law Enforcement Forfeited Property and Assets Program for the immediate preservation of the public peace, health and safety in order to encourage law enforcement personnel to lawfully seize property used in connection with drug related crime and to use the proceeds of such property exclusively for law enforcement purposes; and WHEREAS, there exists such property which may be lawfully seized immediately upon the adoption of this ordinance. NOW, THEREFORE, the City Council of the City of Poway, California, does ordain as follows: Section 1. ESTABLISHMENT OF LAW ENFORCEMENT FORFEITED PROPERTY AND ASSETS PROGRAM. Notwithstanding other city ordinances relating to similar issues, this ordinance establishes a Law Enforcement Forfeited Property and Assets Program, whereby the City may receive forfeited property and assets transferred to it from the San Diego County Sheriff's Department in accordance with Section 8 of the Agreement for General Law and Traffic Enforcement Services and other pertinent authority such as the Comprehensive Crime Control Act of 1984 (21 U.S. Code Section 873 et seq.), the United States Attorney General's Guidelines on Seized and Forfeited Property (Paragraph III D.3e), and the California Health and Safety Code Sections 11470-11493). Such property and assets are those which have been seized or collected by contracted law enforcement personnel during the investigation of criminal acti- vities, subsequently forfeited by judicial or administrative decision, and transferred to the City as a result of participation by contracted law enfor- cement personnel. The Program's purpose shall be to provide an added incentive to the City to assist contracted law enforcement personnel in the fight against crime, especially illegal drug trafficking. ORDINANCE NO. 308 Page Two Sectlon 2. ESTABLISHMENT OF FUND AND USE THEREOF. The monies received by the Forfeited Property and Assets Program established by this ordinance, the monies received from the sale of any forfeited tangible property or other asset covered by this ordinance, and any interest thereon shall be deposited into a Law Enforcement Forfeited Property and Asset Fund. The fund shall be used by the City exclusively for law enforcement purposes. Section 3. TITLE TO AND ACCOUNTING OF FUND ASSETS. Title to all property/assets received pursuant to this program shall be taken in the name of the City and shall vest in the City. Upon receipt of any transferred property/asset, the City Manager shall immediately notify the Director of Administrative Services of the acquisition. The Director, of his/her designee, shall make the necessary entries in the City's inventory and accounting records, using the property's/asset's fair market value on the date of acquisition, as determined by the City's purchasing agent. Whenever the City deems it necessary or expedient to sell forfeited non-cash property/assets received, the proceeds shall be deposited in the Law Enforcement Forfeited Property and Asset Fund. Section 4. ANNUAL REPORT. The City Manager shall establish regular accounting and reporting procedures in connection with the Law Enforcement Forfeited Property and Assets Program with strict accountability. A report shall be provided by the City Manager on no less than an annual basis detailing all monies and tangible assets received, all deposits, and all disbursements. Section 5. DECLARATION OF URGENCY. This ordinance is declared to be an urgency ordinance necessary for the preservation of the public peace, health and safety as set forth in the recitals above. This ordinance is adopted pursuant to Government Code Section 36034, and shall take effect in accordance with Government Code Section 36937. EFFECTIVE DATE: This ordinance shall take effect immediately and before the expiration of fifteen {15} days after its passage, it shall be published once with the names and members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation published in the City of Poway. PASSED AND ADOPTED at a regular meeting of said City Council held the 28th day of November , 1989, BY THE FOLLOWING ROLL CALL VOTE: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: sten, Clerk Marjori~JK. City BRANNON, EMERY, GOLDSMITH, HIGGINSON NONE NONE Linda Brannon, Deputy Mayor