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HomeMy WebLinkAboutReso 1973-6867RESOLUTION NO. 6867 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZIPdG THE D'lAYOR OF SAID CITY TO ENTER INTO A JOIr1T EXERCISE OF P0~^dERS AGREET2ENT CREATIPIG A STRIKE FORCE-ROBBERY TASK FORCE The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that the Mayor of the City of Chula Vista be, and he is hereby authorized and empowered to execute, for and on behalf of said City, a Joint Exercise of Powers Agreement creating a Strike Force-Robbery with THE CITY OF CARLSBAD, CITY OF COF.ONADO, CITY OF EL CAJON, CITY OF ESCONDIDO, CITY OF ID^PERIAL BEACH, CITY OF LA MESA, CITY OF NATIONAL CITY, CITY OF OCEANSIDE, CITY OF SAN DIEGO and COUNTY OF SAN DIEGO, to provide for multijurisdictional police powers for project personnel, under the terms and conditions set forth in the form of Joint Exercise of Powers Agreement on file in the Office of the City Clerk. P~esented by ~, Approved as to form by ~ / ~-' ~~ ~ ~ ~ ~ it i m J '•ti ers, Chief of George D, indberg, City Attorn ~l .~, ADOPTED AND APPROVED by the CITY COiJNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 22nd day of May , 19 73, by the following vote, to-wit: Police AYE5: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton NAYES: Councilmen None ABSENT: Councilmen None ®~. -i ,~, ~`., A~ ATTEST ~° r~ ,~ •;.~'' ,9" , ~ r.~~`~e.~=' rr~,~"~ City C1e STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) Mayor of the City of Chula Vista I, , City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. , and that the same has not been amended or repealed. DATED City Clerk TUESDAY, AUGUST 28, 1973 . No. 77 COUNTY CONTRACT N0. 7461-3000-R ON MOTION of Supervisor Taylor, seconded by Supervisor Bear, the following resolution is adopted: WHEREAS, there is presented to the Board a letter from the Law and Justice Coordinator transmitting a letter from the Sheriff which reactivates the proposal that t:ie Board execute a Joint Powers Agreement with the gov- erning bodies of ten municipalities in the County to permit establishment of a consolidated robbery task force consisting of sworn personnel from all regional law enforcement agencies; and recommending that the Board approve and authorize execution of the Joint Exercise of Powers Agreement Creating a Strike Force-Robbery with the Cities of Carlsbad, Chula Vista, Coronado, El Cajon, Escondido, Imperial Beach, La Mesa, National City, Oceanside and San Diego, which has been reviewed by the County Counsel, and will permit the Sheriff to participate in a consolidated, regior.-wide robbery task force; and, take other necessary actions relative thereto; NOW THEREFORE IT IS RESOLVED AND ORDERED that said proposed Agreement be and it is hereby approved; and that the Clerk of the Board of Supervisors be and is hereby authorized and directed to execute said Agreement for and on behalf of the County of San Diego. BE IT FURTHER RESOLVED AND ORDERED that the addition of five full- time law enforcement positions, to be suitably classifed by the Department of Civil Service and Personnel, to the present authorization of the Depart- ment of the Sheriff is hereby approved. PASSED AND ADOPTED by the Board of Supervisors of the County of San Diego, State of California, this 28th day of August, 1973, by the following vote: AYES: Supervisors Brown, NOES: Supervisors None ABSENT: Supervisor Walsh STATE OF CALIFORNIA ) ss. County of San Diego ) Conde, Bear and Taylor I, PORTER D. CRE2iANS, Clerk of the Board of Supervisors of the County of San Diego, State of California, hereby certify that I have compared the foregoing copy with the original resolution passed and adopted by said Board, at a regu la r _meeting thereof, at the time ar.d by the vote therein stated, which original resolution is aow on file in my office; that: the same contains a full, true and correct transcript therefrom and of the whole thereof. - Witness my hand and the seal of said Board of ~upervi.sc~rs, this 2Bth day o{ Au~ust~ 1973 (SEAL) PORTER D. CP.E.'~SANS C1Erk of the Board of Supervisor: By Lenelle Do 1 ~~ i ' ~ ,~ ~,, ~~ eputy ~ _,~ - ~'~`' ~~~, ~ JOINT EXERCISE nF POWERS AGREEMENT CREATING A STRIKE FORCE-ROBBERY THIS AGREEi'IENT is hereby made between the CITY OF CARLSBAD, CITY OF CHULA VISTA, CITY OF COROiQADO, CITY OF EL CAJOIV, CITY OF ESCONDIDO, CITY OF IMPERIAL BEACH, CITY OF LA MESA, CITY OF NATIONAL CITY, CITY OF OCEANSIDE, CITY OF SAN DIEGO, and THE COUNTY OF SAN DIEGO, hereinafter collectively or individually referred to as "Member Agencies." n~r•rmar.c WHEREAS, Member Agencies are aware of the urgent need to reduce tie number of robbery crimes committed within the region encompassed by the boundary of the County of San Diego; and WHEREAS, Member Agencies believe that the joint exercise of their powers will provide an organization capable of reducing the number of robberies within the County of San Diego; and WHEREAS, Member Agencies wish to create a regional task force staffed by police officers and deputy sheriffs represent- ing participating Member Agencies; and WHEREAS,Member Agencies believe that the regional approach and multi-agency representation will avoid the relocation of robbery occurrences to adjacent jurisdictions as would occur if_ a smaller target area were selected; NOW THEREFORE, BE~IT RESOLVED, Member Agencies for and in consideration of the recitals and mutual promises and agreements herein 'COUNTY OF SAa DIEGO contained do agree as follows : COidTRACT ,O NUt~[BE ~~O G d " ~ (Reference above number fn each co::Y:~unication reEarding this contract). _ _ ~~ Section 1. DEFINITIONS. The follo~ring terms shall have the meanings ascribed to them within this section unless the content of their use dictates otherwise: a. "Region" shall mean that territory physically lying within the boundaries of the County of San Diego. b. "Strike Force" shall mean the task force created by representatives supplied by Participating Member Agencies. c. "Participating Member Agencies" shall signify those Member Agencies supplying personnel which make up the staff of the Strike Force. They are the CITY OF CHULA VISTA, CITY OF EL CAJON, CITY OF ESCONDIDO, CITY OF NATIOiQAL CITY, CITY OF OCEANSIDE, CITY OF SAN DIEGO, and THE COUNTY OF SAN DIEGO. d. "CCCJ" shall mean the California Council on Criminal Justice. e. "Grant funds" are funds awarded by CCCJ under Title I of the Omnibus Crime Control and Safe Streets Act of 1965. f. "Matching funds" are funds expended by Partici- pating Member Agencies in accordance with the CCCJ Fiscal Affairs Manuel. g. "Subgrantee" shall mean the grant applicant or unit of government awarded funds by CCCJ. For purposes of this project, the San Diego Police Department shall be the 5ubgrantee. Section 2. PURPOSE. Phis agreement is made pursuant to the provisions of Article 1, Crapter 5, Division 7, Title 1 of - 2 - - _~ I ~; ~:~ the Government Code of The State of California (commencing with Section 6500) relating to the joint exercise of powers common to public agencies. The purpose of this agreement is to establish an organization which will engage in a regional cooperative effort to examine robbery suppression: needs and provide regional law enforcement agencies with new proven methods of robbery prevention and enforcement. Section 3. CREATION OF STRIKE FORCE-ROBBERY. There is hereby created an organization to be known as "Strike Force- Robbery" (hereinafter called "Strike-Force) which shall engage in regional robbery suppression and study. It shall be staffed by nineteen sworn law enforcement personnel from Participating Member Agencies and two non-sworn personnel employed on a con- tractual basis. It shall provide regional law enforcement agencies with recommendations, plans or programs for the sup- pression of robbery crimes but such plans or programs shall be advisory only. Neither the Strike Force nor any group of the members thereof shall have the authority to impose any plan, duty, obligation, or other responsibility upon any Member Agency thereof without the consent of such Agency; further, no Agency will be required to do anything it does not specifically agree to do. Section 4. ORvAA1IZATIONAL RESPONSIBILITY. The Strike Force shall be directly responsible to the Chief of Police of the City of Sar. Diego who will be subject to direction by the San Diego County Police Chiefs' and Sheriff's Association. Section 5. FUNDING. Sources of project funding shall b~ - 3 - ~~~ in accordance with the formulas prescribed for action grants in the CCCJ Fiscal Affairs Mar_ual., section 1700. The total project cost of $628,576 shall be shared by (1) grant funds amounting to $450,000, or 71.590 of the total cost and (2) matching funds amounting to $178,576 or 28.410 of the total project cost, $37,500 of which is reimbursable by the State. Funding will commence on a date to be approved by the CCCJ upon awarding the grant. Section 6. COMMITMENT BY MEr'iBER AGENCIES. a. Member Agencies shall allow the activity of the Strike Force to augment existing robbery suppres- sion efforts ir_ their respective areas. ,b. The Sheriff of The County of San Diego and the Chiefs of Police of each Member Agency, or persons authorized by them to give consent, pursuant to Califor- nia Penal Code section 830.1(b), shall give consent to participating deputies and police officers to exercise the same police powers as regularly employed deputies or police officers of each respective jurisdictional area within the boundaries of San Diego County. The consent will authorize project personnel to perform as peace officers throughout the San Diego County Region. c. The Sheriff and Member Agency Chiefs of Police, or their representatives, shall permit the Strike Force to copy certain departmental robbery-related reports and data in order to plan activity, plot crimes, and conduct -4- ~`" '%, ~' f; `" ~ ~. evaluation studies. d. The efforts of the Strike Force project shall not interfere with the normal Member Agency law enforce- meet activities. Strike Force personnel will report their presence to the Watch Commanders of each jurisdiction in which they are deployed. e. The activity of the project will not relieve Mem- ber Agencies of existing law enforcement responsibilities. f. I~n tactical situations requiring the combined efforts of project officers and the regular field units of any Member Agency, the regular field supervisor will assume command and responsibility. g. Strike Force personnel shall be authorized to monitor and transmit on all existing City and County law enforcement radio communication frequencies. Section 7. COMMITMENT BY PARTICIPATI;IG DZEMBER AGENCIES. In addition to those commitments outlined above, Participating Member Agencies further agree to furnish personnel to staff the Strike Force for a period of one year as follows: a. CITY OF CHULA VISTA. One Police Patrolman, the services of whom will be paid for in full by grant funds. b. CITY OF EL CAJOi1. One Police Patrolman, the ser- vices of whom will be paid .cor in full by grant funds. c. CITY OFESCONDIDO. One Police Patrolman, the services of whom will be paid for in full by grant funds. d. CITY OF NATIONAL CITY. One Police Patrolman, the. services of whom will be paid for in full by grant funds. - 5 -- -, ~~ - . , ~. e. CITY OF OCEIL'~1SIDr . One Police Patrolman, the services of whom will be paid for in full by grant funds. f. CITY OF SAN DIEGO. One Police Lieutenant, one Police Sergeant, and two Police Patrolmen, the services of whom will be paid for in full by matching funds; three Police Patrolmen, the services of whom will be paid for in full by grant funds. g. COUPITY OF SArI DIEGO. One Sheriff Sergeant and two Deputy Sheriffs, the services of whom will be paid for in full by matching funds; four Deputy Sheriffs, the services of whom will be paid in full by grant funds. Section 8. SUPERVISION OF PROJECT PERSONNEL. The responsi- bility for general supervision of officers assigned to the project shall be assumed by the Project Director for the duration of the project. Any personnel action, however minor, will be initiated by the member agency employing the officer or officers involved. Section 9. FINANCIAL. The Project Financial Officer shall be the Auditor and Comptroller of the City of San Diego. He shall assume responsibility for the timely disbursement of pro- ject funds pursuant to all of the directives outlined in the CCCJ Fiscal Affairs Manual. The Financial Officer shall have the responsibility and authority to disallow payment of expenditures made contrary to the requirements of Fiscal Affairs Manual, including Bureau of the Budget Circular A-87, and contrary to the requirements of the subgrantee agency. Section 10. DISPOSITION OF ASSETS UPON TERMINATION. In accordance with the CCCJ Fiscal Affairs Manual, section 2110.4, "Title to equipment acquired in whole or in part with grant funds shall vest in the subgrantee subject to divestment at the - 6 - ~,~~ ~~ option of CCCJ exercisable only upon notice within 120 days after CCCJ participation in the project ends or termination of the grant." ' In the event CCCJ declines to exevcise its option and title to equipment is vested in the subgrantee, the sub- grantee hereby agrees to relinquish said title of certain equipment, as indicated below, to the San Diego County Sheriff's Office, the only other Member Agency providing matching cash funds. San Diego County San Diego Item Total Sheriff's Dept. Police Dept. (1) Automated M.O. System 1 0 (1) Van 0 1 ( 9 ) Cars 1 8 (10) Mobile Radios 1 9 (16) Portable Radios 4 12 ( 4 ) Tape Recorders 4 0 (22) Radio Alarms 11 11 (12) Surveillance Cameras 6 6 Office Equipment TOTAL VALUE $68,294.50 $87,553.50 PERCENT OF TOTAL EQUIPMENT OUTLAY 44~ 56$ This division of equipment is consistent with percentages of cash outlay in matching funds by the two respective depart- ments. Section 11. TERM. This agreement shall become effective _ 7 _ i a.; ., ,~~- only in the event and on the day that CCCJ awards the grant and shall terminate one year from the day of the grant award. Section 12. AGREEMENT REPOSITORY. A fully executed copy of this Joint Exercise of Powers Agreement (Creating a Strike Force-P.obbery) shall be filed with each signatory Member Agency. IN WITNESS WHEREOF`, the parties hereto have caused this Joint Exercise of Powers Agreement to be executed by having affixed thereto the signatures of the agent of said Agency authorized therefore by the legislative body of that Agency. Dated this ~~ day of `7~-l~.c~ 1973_ Approved as to form and legality this /~ day o f _~,yL a~ , , 19 7 3 . JOHN W. WITT, CityCity Attorney BY ~ ~ ~~ . ~~.~.L~-Q-~ . l,~E~u ene P . Gordo- n (J Deputy City Attorney Approve as to fo an legality this ~ day of , 1973. ROBERT G. BERRY, County„Counsel ~7 /, , THE CITY OF SAN DIEGO, a mu icipal cor. oration ~. By ~ 1. ~.. ~..--..-= r r, ~, , ~, „ ASSISTANT TO THE City Manager THE COUNTY OF SAN DIEGO B ~ 1 Q~ ~.E Asst. Clerk of the Board of Supervisors CITY OF CARLSBAD Approved as to fox'm and legality this ~ day oft 2c~~^, , 1973. VIC~NT F.•'~ I~ JR. , City tty. 1p~raved ondjor auihoNzed tay ih~ ~aaiii ~f Supervlsors of tho County of San Diego auc z ~ ~srJ.~77 ~~ ~~K;i~~r~lerk of the Board of Su~rvisors - E - t_ _h"' Approved ~,s, to form and legality this JQ day of ~ c 1973. GEORGE D. LINDBE G, i Attorney By Approved as to form land legality this ~~.;day of ~ t ~~i , 1973. GERALD J. LEWIS~ C -1.= /// , 1 / /////~~,.. ~ j/ J s //~~~. ~~ / i/" ~ Approved as to for this .1 !~ day of t i.aty Attorney m and legality ,' i '/ _ 1973. LYNN R. P~cbOUGAL,City Attorney j ; ~~` ~~ ~~ Approved as to form and legality this ~ J'j~J~ day of _~~, 1973 . By ~ %~ CITY OF CHULA VISTA B Z-d~'y1~t~- ~ X7.1 CITY OF CORONADO By ~~ ~ ~ ~ 1 ~ ~ .,~ CITY OF By CAJOTJ CITY OF ESCONDIDO BY f C.UG [.'-~-~.~r---- CITY OF IMPERIAL BEACH Approved as to form and legality this / '~ , day of ~ •~ 1973. MAX J./WIZA, City Attorney f // ~ ~ ,~ By CITY OF LA MESA Approved s to forte and legality this ~ day of ~ , 1973. ~~~ LEROY KNUTSON, City Attorney d By ck D. Shelver ty Manager /„ ~35ur of the City of La h';cs~ --~~. c~~1-~_ ~-. ~r._~ ~ C~-~ . - 9 - ' ;; _., r, , Approved as to form and legality this ~~ day o~~~`~~~~973. DONALD F. McLEAN, , C Attorney Approved as to form and legality this ~~ day of 1973. ~---- RONALD E. NULL, City Attorney CITY OF NATIONAL CITY ~•, 7 ~~ i CITY OF OCEANSIDE _./ s / ~. ~" _ ~; ~- -lo- ~s 73 1 ~ .ti;' - .. -- G' RE~~L~TI®~ ~o. ~c~i~~~<<~ C;9,gY ~' ~~~;i Adopted on BE IT RESOLVED, by the Council of The City of San Diego as follows: That the City Manager be and he is hereby authorized and empowered to execute, for and on behalf of said City, a Joint Exercise of Powers Agreement Creating a Strike Ford-Robbery with THE CITY OF CARLSBAD, CITY OF CHULA VISTA, CITY OF CORONADO, CITY OF EL CAJON, CITY OF ESCONDIDO, CITY OI' IMPERIAL BEACH, CITY OF LA NiESA, CITY OF NATIONAL CITY, CIroV~deOforr~muDti-CITY OF SAN DIEGO and COUNTY OF SAN DIEGO, to p jurisdictional police powers for project personnel, under the terms and conditions set forth in the form of Joint Exercise of Powers Agreement on file in the Office of the City Clerk as Document No. '74 •1~~~2 ' APPROVED: EPG:rc 5/1/73 _-1265-8 (REV. 1-72( JOHN W. WITT, City Attorney Eugene P. Gordon Deputy City Attorney, ~, ~: _~ ~.~ , r _. i on Passed and adopted by the Council of The City of San Diego i-~r~ y 3, 1 Q73 by the following vote YEAS- Johnson, O~Connor, Morrow, Martinet, Hitch, Bates, Mayor Wilson NAYS : Nor,e ABSENT: Landt, Williams AUTHENTICATED BY: PETE WILSON, Mayor of The City of San Diego, California. _ EDWARD NIELSEN, City Clerk of The City of San Diego, California. (SEAL) By MARY ANNB MEASF Deputy. Z HEREBY CERTIFY that .the above and foregoing is a full, true and correct copy of RESOLUTION N0. J~'()`i'~~~~ passed and adopted by the Council of The City of San Diego, California, on May 8, 1973 (SEAL) (Rev. 12/71) lm EDWARD NIELSEN, City Clerk of The City of San Diego, California. By l :; r- ; ~~~ ,~ ? < a' ,'r ~- Deputy . ~ ;: ~~ !.