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HomeMy WebLinkAboutCC RESO 11,066RESOLUTION NO. 11,066 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 5th day of June, 1973. ATTEST: CITY E LERK JOINT EXERCISE OF POWERS AGREEMENT • CREATING A STRIKE FORCE -ROBBERY THIS AGREEMENT is hereby made between 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 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 WHEREAS, 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, 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, 2Iember 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 sr,ialler •Earget area were selected; NOW -THEREFORE( BE IT RESOLVED, Member Agencies for and in consideration of the recitals and mutual promises and agreements herein contained do agree as follows: Section 1. DEFINITIONS. The following 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 NATIONAL 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 1968. f. "Matching funds" are funds expended by Partici- pating Member Agencies in accordance with the. CCCJ Fiscal Affairs Manual. g• "Subgrantee" shall mean the grant applicant or uniU of. government awarded- funds •by• CCCJ: 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 2 - • • 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 e 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 County Police Chiefs' and Sheriff's Association. Section 5. FUNDING. Sources of project funding shall be - 3 - • • in accordance with the formulas prescribed for action grants in the CCCJ Fiscal Affairs Manual, section 1700. The total project cost of $628,576 shall be shared by (1) grant funds amounting to $450,000, or 71.59% of the total cost and (2) matching funds amounting to $178,576 or 28.41% of the total project cost, $37,500 of which is reimbursable by the State. Funding will commence on a d.ate•to-be approved by the CCCJ upon awarding the grant. Section 6 COMMITMENT BY MEMBER AGENCIES. a. Member Agencies shall allow the activity of the Strike Force to augment existing robbery suppres- . sion efforts in 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 peLllit the Strike Force - to copy certain departmental robbery -related reports and data in order to plan activity, plot crimes, and conduct -4- evaluation studies. d. The efforts of the Strike Force project shall not interfere with the normal Member Agency law enforce- ment 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 projectwill not relieve Mem- ber 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 comMand and responsibility. g• Strike Force personnel shall be authorized to monitor. and trans T1it on air existing -City and County la w enforcement radio communication frequencies. Section 7. COMMITMENT BY PARTICIPATING MEMBER 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 CAJON. One Police Patrolman, the ser- vices 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. 5 e. CITY OF OCE „iSIDE. One Police Pa€ loran, 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. COUNTY OF SAN DIEGO. One Sheriff Sergeant and two g- 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. SIUPERVISION 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. DISPOSITIO`7 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 exercise 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 PERCENT OF TQTAL EQUIPMENT OUTLAY $68,294.50 $87,553.50 44% 56% This division of equipment is consistent with percentages of cash outlay in matching funds by the two respective depart- ments. Section 11. TEPi4.. This agreement shall become effective 7 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. Afully executed copy of this Joint Exercise of Powers Agreement(creating a Strike Force -Robbery) 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 authorized therefore by the Dated this Approved as to form this day of day :of and legality , 1973. JOHN W. WITT, City Attorney By Eugene P. Gordon Deputy City Attorney Approved as to form and legality this day of , 1973. ROBERT G. BERRY,.County Counsel By Approved as to form and legality this day of ,J1973. VICENT F. BIONDO, JR., City Atty. v of the agent of said Agency legislative body , 1973. 8 of that Agency. THE CITY OF SAN DIEGO, a municipal corporation By -City Manager THE COUNTY OF SAN DIEGO By CITY OF CARLSBAD By 0 Approved as to foL:u and legality this day of , 1973. GEORGE D. LINDBERG,.City Attorney By Approved as to form and legality this day of , 1973. GERALD J. LEWIS, City Attorney By Approved as to form and legality this day of , 1973. LYNN R. McDOUG_AL , City Attorney By Approved as to form and legality this day of , 1973. By Approved as to form and legality this day of , 1973. MAX J. WIZA, City Attorney By Approved as to fo rn and legality this day of , 1973. LEI:OY K.NUT O , City Attorney CITY OF CHULA VISTA By CITY OF CORONADO By CITY OF EL CAJON By CITY OF ESCONDIDO By CITY OF IMPERIAL BEACH By CITY OF LA MESA By - 9 - ApprovAds. to form nd legality this2t2r.ZI: day 1973. - DONA"-a M _ EAN , JR , City 1ty Attorney sf approved as to form and legality his day of , 1973. RONALD E. NULL,_ City _Attorney By CITY OF NATIONAL CITY /73 By (r �C C� CITY OF OCEANSIDE By - 10 - 3:CS