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HomeMy WebLinkAboutCC RESO 11,577RESOLUTION NO. 11,577 RESOLUTION AUTHORIZING EXECUTION OF JOINT EXERCISE OF POWERS AGREEMENT CREATING A STRIKE FORCE -ROBBERY BE IT RESOLVED by the City Council of the City of National City 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 Force -Robbery with the City of Carlsbad, City of Chula Vista, City of Coronado, City of El Cajon, City of Escondido, City of Imperial Beach, City of La Mesa, City of San Diego, City of Oceanside and County of San Diego, to provide for multijurisdictional police powers for pro- ject 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. PASSED AND ADOPTED this 3rd day of September, 1974. ATTEST: CITY ELERK 1 2). C' . "'- DRAFT r-� �J ISPOF S f JOINT EXERCISE POWERS AGREEMENT CREATING A STRIKE FORCE -ROBBERY //� THIS AGREEMENT is hereby made between the CITY OF CAL BAD, CITY OF CER}IA VISTA, CITY CF CORONADO, ADO, CITY OF EL CAJON, CITY OF E; CONDIDO, CITY OF I,NPERTAL DEACII, CITY OF LA CESA, 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." RECITALS WHERSAS, Member Agencies are aware of the urgent need to reduce the number of robbery crimes committed within the region encompassed by the boundary of the County of San Diego; and WHEREAS, that theof :REPS, Member Ag2f.Cie�; believe i,..�;::, joint exercise their powers will provide an organization capable of reducing the number ofQrobberies within the County of an Diego; and WHEREAS, Member Agencies wish to create a regional task force staffed by police officers and deputy sheriffs representing participating Member Agencies; and WI-1EEEAS, Member Agencies believe that the regional approach and multi - agency representation will ovoid the relocation of robbery occurrences to adjacent jurisdictions as would occur if a smaller target area were selected; NOW THEREFORE, 3E IT RESOLVED, 'Ieniber Agencies for and in consideration of the recitals and mutual promies and agreements Herein contained do agree as follows: 65 Section 1. DEFINITIONS. n The following terns shall have the meanings ascribed to them within this section unless the content of their use dictates otherwise: a "Region" shall wean that territory physically lying within the boundaries of the County of San Diego. b. "Strike Force" shall mean the task force created by representa- tives supplied by Participating Member Agencies. c. "Participating Member Agencies" shall signify those Member E ;el_ ac ,applying 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 NATIONAL CITY, CITY OF SAN DIEGO, and THE COUNTY OF SAN DIEGO. d. "OCJP" shall mean the Office of Criminal Justice Planning. e. "Gran: funds" arc funds awarded by OCJ7'under Title I of the Omnibus Crime Control and Safe Streets Act of 1968. f. '-iMatching funds" are funds expended by Participating Member Agencies in accordance with the OCJP Fiscal Affairs Manual. g. "Subgran+tee" shall mean the grant applicant or unit of govern- ment awarded funds by OCJP. For purposes of this project, the San Diego Police Department shall be the Subgrantee. Section 2. PURPOSE. This agreement is made pursuant to the provisions of Article 1, Chapter 5, Division 7, Title 1 of 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 efford to examine robbery suppression needs and provide regional law enforcement agencies with Rew proven methods of robbery prevention and enforcement. Section 3. CREATION OF STRIKE FORCE -ROBBERY. There is hereby created an organization tJ be known as "Strike Force -Robbery" (hereinafter called "Strike -Force) which shall engage in regional robbery suppression and study. It shall be staffed by eighteen sworn law enforcement personnel from Partic- ipating Member Agencies and two non -sworn personnel employed on a contractual c basis. It S13al.t provide "r E:gl Gnat law Ent 07'cemf'..nt agencies with recommendations, plans or programs for the suppression 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, obliga- tion, 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. ORGANIZATIONAL RESPONSIBILITY. The Strike Force shall be directly responsible to the Chief of Police of the City of San Diego who will be subject to direction by the San Diego Police Chiefs' and Sheriff's Association, Section 5. FUNDING. Sources of project funding shall be in accordance with the formulas presecribed for action grants in the OCJP Fiscal Affairs Manual, section 1700. The total project cost of $485,173 shall be shared by (1) grant funds amounting to $349,200, or 72% of the total cost and (2) matching funds amounting to $135,973 or 28% of the total project cost, $19,400 of which is reimbursable by the State. Funding will commence on a date to be approved by the OCJP upon awarding the grant. Section 6. COMMITMENT BY NEIll;ER AGENCIES. a. Member Agencies shall allow the activity of the Strike Force to augment existing robbery suppression efforts in . their respective areas. 67 b, The Sheriff of The County of San Diego and the Chiefs of Police G a them to ive consent, of each Member Agency, or persons authorized by g Code sect ,3C_i/b) shall give Consent pursuant to California.�Penal section � � 9 to participating deputies and police officers to exercise the same police posers as regularly employed deputies or police officers of each respec- tive 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 depart- mental robbery -related reports and data in order to plan activity, plot crimes, and conduct evaluation studies. d. The efforts of the Strike Force project shall not interfere with the noriial Member Agency law enforcement activities. Strike Force personnel will report their presence to the Watch Commanders of each jurisdiction in which they are deploye(I. e. The activity of the project will not relieve tember Agencies of existing law enforcement responsibilities. f. In tactical situations requiring the combined efforts of project officers and the regular field units of any Member Agency, the regular field supervisor will assume co:runand and responsibility. g. Strike Force personnel shall be authorized to monitor and transmit on all existing City and County law enforcement radio cormnunca- Lion frequencies. Section 7. COVNIINENT L'Y PARTICIPATING MEMBER AGENCIES. In addition to those commitments outlined above, Participating Member Agencies further agree to furnish personnel to staff the Strike Force for the period of the grant. a. CITY OF CHULA VISTA. One Police Patrolman, the services of whom will he paid for in full by grant funds. b. CITY OF EL CAJON. One Police Patrolman, the services of whom will be paid for in full by grant funds. c. CITY OF ESCONDIDO. 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. e. CITY OF SAN DIEGO. One Police Lieutenant, one Police Sergeant, and two Police Patrolmen, the services of whom wf-11 be paid for in full by matching funds; three Police Patrolmen, the services of whom will be paid for in full by grant funds. f. COUNTY OF SAN 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 responsibility 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 thr Auditor and Comptroller of the City of San Diego. He shall assume responsibility for t`,r timely disbursement of project funds pursuant to all of the directives outlined in the CCCJ Fiscal Affairs Manual. The Financial Officer shall have t1ee responsibility and authority to disallow payment of expenditures made contrary to the requirements of Fiscal Affairs Manual, including Bureau of the 13u;it;rt Circular A-8 , and contrary to the requirements of the subgrantea a„ Section 10. DISPOSITION OF ASSETS UPON TERMINATION, In accordance with the. OCJP 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 option of OCJP exercisable only upon notice within 120 days after OCJP participation in the project ends or termination of the grant." In the event. OCJP declines to exercise its option and title to equipment is vested in the subgrantee, the subgrantee 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. (10) Silent Radio Alarms/ 5 5 Antenna and Trip (4) Portable Radios 3 1 (1) Tactical Frequency Console 0 1 (1) 8 Frequency Monitor 0 1 (10) Vehicle Headliner. Microphones 1 9 (1) Polaroid Land Camera, Mod. 440 0 1 (1) Polaroid Land Camera, "Big Shot" 0 1 (1) Robbery Prevention Film 0 1 (16) Sets of Body Armor 8 8 (1) Dictation Machine Office Equipment 1 0 TOTAL VALUE $8,642.00 $8,558.00 PERCENT OF TOTAL EQUIPMENT OUTLAY 50.24% 49.747, This division of equipment is consistent with percentages of cash outlay in matching funds by the two respective departments. In addition, the subgrantee hereby agrees to relinquish said title of certain equipment, as indicated in Section 10 (DISPOSITION OF ASSETS UPON TERMINATION) of the Joint Exercise of Powers Agreement. executed May 8, 1973. 70 ccton 11. TEEM. This agreement shall become effective only in the event and on the day that O.C.J.P. awards the grant and shall terminate on the day of the expiration date of the grant. Section 12. AGREESPT]NT REPOSITORY. A fully executed copy of this LToi.nt Exercise of Powers Agreement (Creating a Strike Force -Robbery) shall be filed with each signatory Member Agency. Exercise of IN WITNESSWITNESSWHEREOF, the parties hereto have caused this Joint 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 , 1974. Approved as to form and legality THE -CITY OF SAN DIEGO, this day of , 1974. a municipal corporation JOHN W. WITT, City Attorney By Eugene P. Gordon Deputy City Attorney By City Manager THE. COUNTY OF SAN DIEGO Approved as to form and legality this day of , 1974. By ROBERT G. BERRY, County Counsel By CITY OF CARLSBAD Approved as to form and legality By this day of , 1974. VINCENT F. BIONDO, JR., City Atty. By Approved as to form and legality this day of , 1974. GEORGE D. LINDBERG, City Attorney BY -7-- CITY OF CHULA VISTA By 71 Approved as to form and legality • this day of , 1974. GERALD J. LEWIS, City Attorney By Approved as to form and legality - this day of , 1974. LYNN R. McDOUGAL, City Attorney CITY OF CORONADO By CITY OF EL CAJON By By CITY OF ESCONDIDO Approved as to form and legality this day of 1974. By By Approved as to form and legality this day of , 1974. AX J. WIZA, City Attorney By Approved as to form and legality this day of , 1974. LEROY KNUTSON, City Attorney By Approved as to form and legality this day of - , 1974. DONALD F. McLEAN, JR., City Attorney a 'N y CITY OF IMPERIAL BEACH By CITY OF LA MESA By CITY OF NATIONAL CITY By MaYW CITY OF OCEANSIDE Approved as to form and legality this day of , 1974, By RONALD E. NULL, City Attorney .-8- By 72