Resolution No. 6592
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RESOLUTION NO. 6592
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON APPROVING AND AUTHORIZING THE
EXECUTION OF A MEMORANDUM OF UNDERSTANDING BY
AND BETWEEN THE CITY OF VERNON POLICE
DEPARTMENT AND THE CALIFORNIA HIGHWAY PATROL
(CHP), EAST LOS ANGELES AREA, REGARDING CHP
ORIGINATED NARCOTICS INVESTIGATIONS
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WHEREAS, the California Highway Patrol (CHP) maintains a
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program requesting a local police department either to take over
entirely or to assist with investigations involving major drug
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trafficking occurring within the jurisdiction of the local police
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department; and
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WHEREAS, by Resolution No. 6088 on April 26, 1992, the
City Council approved a Memorandum of Understanding with the City
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to participate in said program; and
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WHEREAS, the Area Commander of the East Los Angeles Area
of the CHP has prepared a revised Memorandum of Understanding,
California Highway Patrol originated Narcotics Investigation
("MOU") to comply with revisions to California Health and Safety
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Code section 11470, regarding "threshold amounts of narcotics
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seized;" and
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WHEREAS, Bruce V. Malkenhorst, City Administrator, on
February 27, 1995, has recommended that the City Council of the
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City of Vernon approve and authorize execution of said revision by
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the Chief of Police; and
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WHEREAS, the City Council of the city of Vernon has
reviewed this revised MOU and determined that the City of Vernon
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Police Department will retain the ability to decide whether or not
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to take over each such investigation.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
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THE CITY OF VERNON AS FOLLOWS:
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SECTION 1: The City Council of the City of Vernon
4 hereby finds and determines that the recitals contained
5 hereinabove are true and correct.
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SECTION 2: The City Council of the City of Vernon
7 hereby approves the revised MOU, a copy of which has been
8 presented to the City Council concurrently with this resolution;
9 and authorizes the Police Chief to execute it on behalf of the
10 Police Department of the city of Vernon.
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SECTION 3: The City Council of the City of Vernon
l2 hereby orders said revised MOU to be received and filed by the
13 City Clerk.
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SECTION 4: The City Clerk of the City of Vernon shall
15 certify to the passage of this resolution, and thereupon and
16 thereafter the same shall be in full force and effect.
17 APPROVED AND ADOPTED this 7th day of March, 1995.
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TH MAS A. YB~'- Mayor Pro
ATTEST: / // ~
7?- ~ ~ /v;!;(d4;1JZ
BRUCE V. MALKENHOR~, City Clerk
Tem
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STATE OF CALIFORNIA )
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COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of
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Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 6592, was duly adopted by the city Council of the
City of Vernon at a regular meeting of the City Council duly held
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on Tuesday, March 7, 1995, and thereafter was duly signed by the
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Mayor pro Tern of the City of Vernon.
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BRUCE V. MALKENHORST, City Clerk
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(SEAL)
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CITY COUNCIL ~ DAVID B. BREARLEY
~ : City Attorney
LEONIS C. MALBURG ' . FAX: (818) 330-5818
Mayor f
~ VICTOR H. VAITS
THOMAS A, YBARRA Director of Community Services & Water
Mayor Pro-Tem FAX: (213) 588-2761
Wm. "BILL" DAMS - KENNETH J. DeDARIO
Councilman Director of Light & Power
H. "LARRY" GONZALES ` h~ ' FAX: (213) 583-1983
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Councilman ~ o INbE DAV E TELFORD
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W. MICHAEL McCORMICK ,y ;r ~ V Fire Chief
Councilman ~ ' ' ~~4 ~ FAX: (213) 581-1385
LOUIS ROSENKRANTZ
BRUCE V. MALKENHORST CITY HALL P(li 3)58i1f1178
City Administrator/City Clerk FAX: 21
FAX: (213) 581-7924 4305 SANTA- FE AVENUE, VERNON, CALIFORNIA9005$ In Reply Rejer to:
TELEPHONE (213) 583-8811
March 8,.1995
G. A. Dominguez, Captain
East Los Angeles Area Commander
Department of California Highway Patrol
2201 West Via Campo
Montebello, California 90640
Re; Memorandum of Understanding California Highway
Patrol Originated Narcotics Investigations
Dear Captain Dominguez:
Enclosed herewith .for your records is a fully executed certified copy of
the above referenced MOU which was approved by the City Council at their
regularly. scheduled meeting held. March 7, 1995. I have retained the
"original" document for the City's file.
If you should. have any questions, please contact Louis Rosenkrantz.
Very truly yours.,
CITY VERNON
oria J. osco
Chief Dep y City Clerk
GJO/hr
Enclosure
cc: Louis S. Rosenkrantz (w/enc.)
Police Chief
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MEMORANDUM OF UNDERSTANDING
CALIFORNIA HIGHWAY PATROL ORIGINATED NARCOTICS INVESTIGATIONS
MEMORANDUM OF UNDERSTANDING
This is a Memorandum of Understanding (MOU) between the City
of Vernon ..Police Department and the California Highway Patrol
(CHP), East Los Angeles Area, regarding narcotics investigations
originated by the CHP. The distribution of any funds or property
acquired as a result of asset forfeiture in these -cases will be
negotiated on a case by case basis.
PURPOSE
The purpose of this MOU is to establish when the Vernon Police
Department shall be notified and offered the opportunity either to
handle or assist in California Highway Patrol originated narcotics
investigations involving large-scale narcotics trafficking and/or
narcotics cases requiring extensive follow up investigation.
CALL-.OUT PROCEDURES
When the CHP has located narcotics which appears to meet any
of the following established criteria, as contained in section
11470 of the California Health and Safety Code, the Vernon Police
Department shall be notified by the CHP and asked to respond to the
scene of the discovery.
MEMORANDUM OF UNDERSTANDING
C.H.P. ORIGINATED NARCOTICS INVESTIGATIONS
PAGE TWO
CALL-OUT PROCEDURES (continued)
1. 14.25 grams or more of a substance containing either
heroin or cocaine base.
2. 28.5 grams or mo~`e of a substance containing cocaine or
methamphetamine.
3. 28.5 grams or more of Schedule I controlled substances
except marijuana, peyote, or psilocybin.
4. Ten pounds dry weight or more of marijuana, peyote, or
psilocybin.
5. Any quantity of controlled substances and/or any item(s)
that are indicative. of the sales, transportation, or trafficking of
large scale narcotics.
When the Vernon Police Department ~s notified of narcotics
investigations which meet the aforementioned criteria, they either
will decline to respond telephonically or arrive at the scene
within a reasonable amount of time. If, after a reasonable amount
of time has elapsed, the Vernon Police Department has not
responded, then another law enforcement agency may be notified.
Upon arrival of the Vernon Police Department, they either may
decline to handle the investigation, they may assist in the
investigation, or they may take over the case and complete the
investigation to its conclusion.
MEMORANDUM OF UNDERSTANDING
C.H.P. ORIGINATED NARCOTICS INVESTIGATIONS
PAGE THREE.
CALL-OUT PROCEDURES (continued)
Under no circumstances shall the Vernon Police Department be
obligated to handle narcotics investigations originated 'by the CHP
without the Vernon Police Department having made an affirmative
decision to take over each such investigation.
TASK FORCE OPERATIONS
The CHP reserves the option to turn over any CHP originated
narcotics investigation to any state or federal narcotics task
force which requests to take over the investigation or has a
specific enforcement mission related to the type of seizure made.
Where said task force assumes the investigation in lieu of the
Vernon Police Department, the Vernon Police Department shall be
notified by the CHP outlining the seizure and handling task force.
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MEMORANDUM OF UNDERSTANDING
C.H.P. ORIGINATED NARCOTICS INVESTIGATIONS
PAGE FOUR
DURATION AND TERMINATION PROCEDURES
Any party to this agreement desiring to terminate
participation shall notify the other in writing of their intent to
withdraw. Withdrawal from participation in this agreement shall
not take effect sooner than ten (10) days from the date of said
notification.
-The parties agree that this MOU shall be effective upon
approval and shall remain in full force and effect until any party
has withdrawn from participation. It is further agreed by the
parties that certain portions of this agreement may require
amendments during the term of this MOU if the governing bodies of
the parties so direct.
If any provision of this MOU is held invalid or
unconstitutional, such decision shall have no effect on the
validity of the remaining provisions of the MOU, and such remaining
provisions shall continue in full force and effect.
AGREED HERETO BY THE PARTIES WHOSE SIGNATURE APPEAR BELOW:
CITY OF VERNON CALIFORNIA HIGHWAY PATROL
POLICE DEPARTMENT EAST LOS ANGELES AREA
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. S. R SENKRANTZ G. A. DOMI Captain
Chief of Police Area Commander
Date :p~ ~ Date : ~ 3 .S~f
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CITY ATTO~tN~Y
CITY COUN / "
DAVID B. BREARLEY
LEONIS C: MALBURG City Attorney
Mayor FAX: (8l8) 330-5818
THOMAS A. YBARRA ~ ~ ~ ~ VICTOR H: VAITS
' .J Director of Communit Services & Water
Mayor Pro-Tem Y
FAX: (213) 588-2761
Wrn. "BILL" DAMS " KENNETH J; DeDARIO
Councilman
Director of Light & Power
H. "LARRY" GONZALES FAX: (213) 583-1983
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Councilman
DAVE TELFORD
W. MICHAEL McCORMICK Fire Chief
Councilman FAX: (213) 581-1385
LOUIS ROSENKRANTZ
BRUCE V. MALKENHORST C1r1 1 u~T T Police Chief
City Administrator/City Clerk l..l 1 1 11 LL FAX: (213) 58i-1178
FAX: (2.13) S8f-7924
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 In Reply Rejer [o:
TELEPHONE (213) 583-881 i
February 27, 1995
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City Council
City of Vernon Ii
Honorable Members: ~
Transmitted herewith is a Memorandum of Understanding between the
California Highway Patrol and the City of Vernon with regards to the
City providing assistance in narcotics investigations. Thi haS been
reviewed by the Chief of Police and-the City Attorney, and it is
hereby recommended that the MOU be approved and the Chief of Police be
authorized to execute same.
Very truly yours,
Bruce V. Malkenhorst
City Clerk
BVM/hr
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