Resolution No. 73091
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RESOLUTION NO. 7309
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 AND THE
CALIFORNIA HIGHWAY PATROL REGARDING CHP
ORIGINATED NARCOTICS INVESTIGATIONS
WHEREAS, the California Highway Patrol ("CHP") maintains
a program requesting a local police department either to take over
entirely or to assist with investigations involving major drug
trafficking occurring within the jurisdiction of the local police
department; and
WHEREAS, by Resolution No. 6088 on April 26, 1992, and
Resolution No. 6592 on March 7, 1995, the City Council approved
Memorandums of Understanding with the CHP to participate in said
program; and
WHEREAS, the new Area Commander of the East Los Angeles
Area of the CHP has prepared an updated Memorandum of
Understanding, California Highway Patrol Originated Narcotics
Investigation ("MOU") for execution by the City of Vernon and the
Area Commander on behalf of the CHP, concerning the Program; and
WHEREAS, the City Council of the City of Vernon has
reviewed the updated MOU and determined that the City of Vernon
Police Department will retain the ability to decide whether or not
to take over each such investigation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon
hereby finds and determines that the recitals contained
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hereinabove are true and correct.
SECTION 2: The City Council of the City of Vernon
hereby approves the updated MOU, a copy of which has been
presented to the City Council concurrently with this resolution,
and authorizes the Mayor to execute it on behalf of the City of
Vernon.
SECTION 3: The City Council of the City of Vernon
hereby orders said updated MOU to be received and filed by the
City Clerk.
SECTION 4: The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 13th day of April, 1999.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
-2-
EON�ISC�-MA�LUM�,M yor
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STATE OF CALIFORNIA )
)ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 7309, was duly adopted by the City Council of the
City of Vernon at an adjourned regular meeting of the City Council
duly held on Tuesday, April 13, 1999, and thereafter was duly
signed by the Mayor of the City of Vernon.
BRUCE V. MALKENHORST, City Clerk
(SEAL)
-3-
MEMORANDUM OF UNDERSTANDING
CHP ORIGINATED DRUG INVESTIGATIONS
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding between the Vernon Police Department and the
California Highway Patrol regarding drug investigations originated by the California
Highway Patrol within the jurisdiction boundaries of the City of Vernon and drug
investigations throughout the state where information was received from the Vernon
Police Department, which resulted in any seizure. 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. If conflicts arise from the distribution of seized funds or property,
these conflicts will be resolved through the appropriate chain of command for each
Department.
PURPOSE
The purpose of this Memorandum of Understanding is to establish when the Vernon
Police Department shall be notified and offered the opportunity to either handle or assist
in narcotics investigations originated by the California Highway Patrol.
CALL OUT PROCEDURE
When the California Highway Patrol has located drugs which meet any of the following
criteria as contained in Section 11470 of the Health and Safety Code, the Vernon Police
Department shall be telephonically notified by the California Highway Patrol in the
following manner and asked to respond to the scene of the discovery.
Criteria:
1. 14.25 grams (1/2 ounce) or more of a substance containing either heroin or
cocaine base, as specified in paragraph (1) of subdivision (f) of Section 11054
of the Health and Safety Code.
2. 28.5 grams (1 ounce) pure or substance containing 57 grams (2 ounces) of
substance containing a Schedule I controlled substance or a substance
containing cocaine; as specified in paragraph (6) of subdivision (b) of Section
11055 of the Health and Safety Code, or methamphetamine, except;
marijuana, peyote, or psilocybin.
3. Ten (10) pounds of dry weight or more of marijuana, peyote, or psiloybin.
4. Any sizable quantity of drugs or currency which may require expertise in drug
interdiction, including, but not limited to K-9 drug alert.
MEMORANDUM OF UNDERSTANDING
CHP ORIGINATED DRUG INVESTIGATIONS
PAGE 2
Telephonic Call -out:
1. Weekdays During Business Hours:
a. Narcotics Group / Forfeiture Unit 0730 to 1700 hours
(213) 587-5171, Det. Hill
Off -Hours and Weekends:
a. Watch Commander
(213) 587-5171
When the Vernon Police Department is notified of drug investigation which meet the
aforementioned criteria, it is understood that they will either telephonically decline to
respond or arrive at the scene within a reasonable amount of time. Upon the arrival of the
Vernon Police Department, they may either decline to handle the investigation, assist, or
take over the investigation to its conclusion. If after a reasonable amount of time has
elapsed, and the Vernon Police Department has not responded, then another law
enforcement agency or allied agency drug task force may be notified.
By no means shall the Vernon Police Department be obligated to investigate narcotics
investigations originated by the California Highway Patrol.
TASK FORCE OPERATIONS
The California Highway Patrol reserves the option to turn over any CHP originated
narcotics investigations to any state or federal narcotics task force which requests to take
over the investigation or has made 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.
DURATION AND TERMINATION PROVISIONS
Any party to this Understanding desiring to terminate participation shall notify the other
party in writing of their intent to withdraw. Withdrawal from participation in this
Understanding shall not take effect less than ten (10) days from the date of said
notification.
MEMORANDUM OF UNDERSTANDING
CHP ORIGINATED DRUG INVESTIGATIONS
PAGE 3
Parties, evidenced by their signatures hereto, agree that this Memorandum of
Understanding shall be effective upon approval and shall remain in full force and effect
until any parties withdraws from participation. It is further acknowledged by all parties
that certain portions of this Understanding may require amendment during the term of
this Memorandum of Understanding if governing bodies so direct.
If any provisions of this Memorandum of Understanding is held invalid or
unconstitutional, such decision shall have no effect on the validity of the remaining
provisions of the Memorandum of Understanding and such remaining provisions shall
continue to remain in full force and effect.
AGREED HERETO BY ALL PARTIES WHOSE SIGNATURES APPEAR
BELOW:
,t,o 14•�w�. �l
Pete Ramos, Captain Date:
Area Commander
California Highway Patrol
East Los Angeles Area
Vernon Police Department
Vernon, Ca 90058
ATTEST:
Bruce V. Malkenhorst
City Clerk
APPROVED AS TO 7FO
David B. Brearley
City Attorney
eonis C. \Malb
Mayor
City of Vernon
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
Wm. "BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator / City Clerk
FAX (323) 581-7924
City Council
City of Vernon
Honorable Members:
DAVID B. BREARLEY
City Attorney
FAX: (626) 330-5818
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
April 1, 1999
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 583-1983
DAVE TELFORD
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
Attached is the latest revision of the Memorandum of Understanding
(M.O.U.) between our Police Department and the California Highway
Patrol(C.H.P.), East Los Angeles area, regarding California Highway
Patrol originated narcotic cases. The original M.O.U. has been
approved and on file since May 5, 1992; a revised M.O.U. is also on
file and was executed in February of 1995. This latest revision has
been reviewed by the Chief of Police and the City Attorney's office
and it is hereby recommended that the M.O.U. be approved.
Very truly yours,
Bruce V. Malkenhorst
City Clerk
BVM:rcm
VERNON POLICE D TMENT
OFFICE ORANDUM
V March 17, 1999
TO: B.V. Malkenhorst, City Administrator
FROM: Bruce W. Olson, Chief of Police 0
SUBJECT: M.O.U. - C.H.P. Originated Narcotics Investigations
Attached is the latest revision of the M.O.U. between our Police Department and the California
Highway Patrol, East Los Angeles area, regarding C.H.P. originated narcotic cases.
I am submitting this to you for City Council approval. The original M.O.U. has been approved
and on file since May 5, 1992. A revised M.O.U. is also on file and was executed in February of
1995.
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Jib J�a
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CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro -Tern
Wm. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator / City Clerk
FAX (323) 581-7924
DAVID B. BREARLEY
City Attorney
FAX: (626) 330-5818
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
April 26, 1999
Mr. Pete Ramos, Captain & Commander
Department of California Highway Patrol
East Los Angeles Area
1601 Corporate Center Drive
Monterey Park, Ca 91754
Re: Memorandum of Understanding -
CHP Originated Drug Investigations
Dear Mr. Ramos:
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 583-1983
DAVE TELFORD
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
Enclosed is a certified copy of the above referenced Memorandum
of Understanding which was approved by the Vernon City Council on
April 13, 1999 through Resolution No. 7309.
If you have any further questions, please refer them to Mr. Bruce
Olson, our Chief of Police, at Ext. 114.
Very truly yours,
CITY
Orq` co
Chief Deputy City Clerk
GJO:rcm
cc: Bruce Olson
CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss
CITY OF VERNON )
I, Gloria J. Orosco, Chief Deputy City Clerk of the City of
Vernon, County of Los Angeles, State of California, do hereby
certify that the attached is a true and correct copy of:
MEMORANDUM OF UNDERSTANDING
CHP ORIGINATED DRUG INVESTIGATIONS
The original of same is on file in the office of the City
Clerk of the City of Vernon, said offices being in the City of
Vernon, County of Los Angeles, State of California.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the Official Seal of the City of Vernon, County of Los Angeles,
State of California, on this 26"' day of April, 1999.
Gloria J. osco
Chief Deputy City Clerk
State of California —Business, Transportation and Housing Agency GRAY 13"IS, Governor
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
East Los Angeles Area
1601 Corporate Center Drive
Monterey Park, Ca 91754
(323) 980-4600
March 16, 1999
Bruce Olson, Chief
Vernon Police Department
t,
4305 S. Santa Fe Avenue
Vernon, CA 90058
Dear Chief Olson:
I wish to take this opportunity to introduce myself as the new Commander of the East Los Angeles
Area office of the California Highway Patrol. Previously, the office was located in Montebello,
however, we are now situated in Monterey Park, alongside the Long Beach freeway at Floral Drive.
I recently transferred from the Oceanside office where I spent the last 13 years. Prior to that, I worked
in Los Angeles county for 17 years. I spent 11 years in East Los Angeles so I am quite familiar with
our neighboring communities. If there is an organization of Chiefs or Commanders that meets
regularly in your area, I would be very appreciative of an invitation to be a guest, and or, to join as a
member.
Please contact me anytime if you have any questions regarding the MOU proposal. T
meets with your approval as proposed, sign where i die Inst
,. ,
in the return envelope.� Retain the copy for your reeords'undt a fiffl
I am looking forward to meeting you in the near future to discuss other matters of mutual concern.
Sincerely,
Pete Ramos, Captain
Commander
East Los Angeles Area