Resolution No. 2011-105RESOLUTION NO. 2011-105
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
PEACE OFFICER EXTENT OF AUTHORITY AGREEMENT BY AND
BETWEEN THE CITY OF VERNON AND THE LOS ANGELES
COUNTY SHERIFF'S DEPARTMENT
WHEREAS, Section 830.1(a) of the California Penal Code
provides authority of any California peace officer to perform official
duties in the jurisdiction of other cities; and
WHEREAS, the City of Vernon ("City") and the Los Angeles
County Sheriff's Department (the Sheriff's Department") desire to enter
into a Peace Officer Extent of Authority Agreement (the "Agreement") in
order to allow the Vernon Police Officers and the Sheriff's Department
to perform their duties in County areas; and
WHEREAS, by memo dated May 24, 2011, the Interim Chief of
Police has recommended that the City enter into an agreement with the
Sheriff's Department setting forth the objectives and responsibilities
of both parties; and
WHEREAS, the City Council of the City of Vernon has
determined that it is in the public interest and necessity to enter
into the Agreement with the Sheriff's Department to facilitate services
provided to residents and businesses within the City of Vernon and the
surrounding areas.
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 hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Peace Officer Extent of Authority Agreement (the
"Agreement") with the Los Angeles County Sheriff's Department, in
substantially the same form as the copy which is attached hereto as
Exhibit A.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Interim Chief of Police, or his designee, to execute
said Agreement for, and on behalf of, the City of Vernon and the City
Clerk is hereby authorized to attest thereto.
SECTION 4: The City Council of the City of Vernon hereby
authorizes the City Administrator, or his designee, to take whatever
actions are deemed necessary or desirable for the purpose of
implementing and carrying out the purposes of this Resolution and the
transactions herein approved or authorized.
SECTION 5: The City Council of the City of Vernon hereby
directs the City Clerk, or the City Clerk's designee, to send two
executed Agreements to the Los Angeles County Sheriff's Department.
2
SECTION 6: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this resolution, and
the City Clerk of the City of Vernon shall cause this resolution and
the City Clerk's certification to be entered in the File of
Resolutions of the Council of this City.
APPROVED AND ADOPTED this 216t day of June, 2011.
mot/ /J =,ra v
Hilario Gonzales
Name:
Title: Mayor / a or
_3_
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution
No. 2011-105, was duly passed, approved and adopted by the City Council
of the City of Vernon at a regular meeting of the City Council duly
held on Tuesday, June 21, 2011, and thereafter was duly signed by the
Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this 7'3 day of June, 2011, at Vernon, California.
(SEAL)
- 4 -
EXHIBIT A
AGREEMENT PURSUANT TO CALIFORNIA PENAL CODE SECTION 830.1
THIS AGREEMENT is made and entered into by and between the participation chief law
enforcement officials which now or hereafter become signatories hereto:
WITNESSETH:
WHEREAS Section 830.1(a) of the California Penal Code provides that the authority of
any California peace officer extends to any place in the state, where the peace officer has the
prior consent of the chief of police, or person authorized by him or her to give such consent, if
the place is within a city, of the sheriff; or person authorized by him or her to give such consent,
if the place is within a county"; and
WHEREAS it is the intention of the undersigned, the Sheriff and Chiefs of Police of all
cities of Los Angeles County, that peace officers be given the maximum powers consistent with
California law; and
WHEREAS it is agreed among the undersigned that when members of their respective
agencies are engaged in police activity in a jurisdiction other than their own that these members
will notify, whenever practicable, the department whose jurisdiction they are entering, of their
activities in said jurisdiction; but that the practicability of such prior notification shall be solely at
the discretion of the individual member(s); and
WHEREAS the signatory agencies desire to coordinate law enforcement efforts and
encourage maximum cooperation between all criminal justice agencies; and
WHEREAS, the agencies have heretofore determined that the public interest and
necessity require mutual aid and participation in joint efforts; and
WHEREAS, all joint efforts of the parties signatory hereto shall be governed by the terms
and conditions set forth by the participating agencies; and
WHEREAS, the parties signatory to this agreement have public safety responsibilities
within the County and therefore, have mutual interests and objectives to accomplish with
reference to the preservation and protection of life and property within said County; and
WHEREAS, the parties signatory to this agreement all have powers to provide for
common defense, and the power to act in case of emergency or disaster are all powers
common to the parties signatory hereto; and
NOW, THEREFORE, IT IS HEREBY AGREED by and between each and all of the
parties signatory as follows:
Any member of the law enforcement agencies listed below, who is a peace
officer as defined under Section 830.1 of the California Penal Code, shall have the authority of a
peace officer at all times within the jurisdiction for which the undersigned are authorized to give
consent.
2. This agreement shall not be construed as, or deemed to be an agreement for the
benefit of any third party or parties, and no third party or parties shall have the right of action
hereunder for any cause whatsoever.
3. The declination of one or more of the parties to participate in this agreement or
any amendment, revision, or modification thereof, shall not affect the operation of this
agreement nor operation orders adopted pursuant thereto insofar as the validity of the
agreement pertains to the signatory parties.
4. This agreement shall become effective as to each party when approved or
executed, and shall remain operative and effective as between each and every party that has
heretofore or hereafter approved or executed this agreement, until participation in this
agreement is terminated by the party. The termination by one or more of the parties of its
participation in this agreement shall not affect the operation of this agreement as between the
other parties thereto.
[Signatures Begin on Next Page].
IN WITNESS WHEREOF this operational plan has been executed and approved and is
effective and operative as to each of the parties as herein provided.
Signature of:
Police Department COUNTY OF LOS ANGELES
City of Vernon Sheriff's Department
Daniel Calleros, Interim Chief of Police
Dated
ATTEST:
Willard G. Yamaguchi, City Clerk
Leroy D. Baca, Sheriff
Dated
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: June 23, 2011 .
TO: Daniel Calleros, Interim Police Chief
FROM: Willard Yamaguchi, City Clerk/Interim City Clerk
RE: Resolution No. 2011-105 — A Resolution of the City Council of the City of Vernon
Approving and Authorizing the Execution of a Peace Officer Extent of Authority
Agreement by and Between the City of Vernon and the Los Angeles County Sheriff s
Department
Transmitted herewith are two partially executed agreements for your transmittal and a copy of Resolution
No. 2011-105 referenced above, which was approved by City Council on June 21, 2011.
Please ensure that a fully executed original agreement is sent to my attention for the file.
Thank you.
WY:dj
Enclosures
c: Resolution No.2011-105
Agreement File No. 11-070
AGREEMENT PURSUANT TO CALIFORNIA PENAL CODE SECTION 830.1
THIS AGREEMENT is made and entered into by and between the participation chief law
enforcement officials which now or hereafter become signatories hereto:
W ITNESSETH:
WHEREAS Section 830.1(a) of the California Penal Code provides that the authority of
any California peace officer extends to any place in the state, where the peace officer has the
prior consent of the chief of police, or person authorized by him or her to give such consent, if
the place is within a city, of the sheriff; or person authorized by him or her to give such consent,
if the place is within a county"; and
WHEREAS it is the intention of the undersigned, the Sheriff and Chiefs of Police of all
cities of Los Angeles County, that peace officers be given the maximum powers consistent with
California law; and
WHEREAS it is agreed among the undersigned that when members of their respective
agencies are engaged in police activity in a jurisdiction other than their own that these members
will notify, whenever practicable, the department whose jurisdiction they are entering, of their
activities in said jurisdiction; but that the practicability of such prior notification shall be solely at
the discretion of the individual member(s); and
WHEREAS the signatory agencies desire to coordinate law enforcement efforts and
encourage maximum cooperation between all criminal justice agencies; and
WHEREAS, the agencies have heretofore determined that the public interest and
necessity require mutual aid and participation in joint efforts; and
WHEREAS, all joint efforts of the parties signatory hereto shall be governed by the terms
and conditions set forth by the participating agencies; and
WHEREAS, the parties signatory to this agreement have public safety responsibilities
within the County and therefore, have mutual interests and objectives to accomplish with
reference to the preservation and protection of life and property within said County; and
WHEREAS, the parties signatory to this agreement all have powers to provide for
common defense, and the power to act in case of emergency or disaster are all powers
common to the parties signatory hereto; and
NOW, THEREFORE, IT IS HEREBY AGREED by and between each and all of the
parties signatory as follows:
Any member of the law enforcement agencies listed below, who is a peace
officer as defined under Section 830.1 of the California Penal Code, shall have the authority of a
peace officer at all times within the jurisdiction for which the undersigned are authorized to give
consent.
2. This agreement shall not be construed as, or deemed to be an agreement for the
benefit of any third party or parties, and no third party or parties shall have the right of action
hereunder for any cause whatsoever.
3. The declination of one or more of the parties to participate in this agreement or
any amendment, revision, or modification thereof, shall not affect the operation of this
agreement nor operation orders adopted pursuant thereto insofar as the validity of the
agreement pertains to the signatory parties.
4. This agreement shall become effective as to each party when approved or
executed, and shall femain operative and effective as between each and every party that has
heretofore or hereafter approved or executed this agreement, until participation in this
agreement is terminated by the party. The termination by one or more of the parties of its
participation in this agreement shall not affect the operation of this agreement as between the
other parties thereto.
[Signatures Begin on Next Page].
IN WITNESS WHEREOF this operational plan has been executed and approved and is
effective and operative as to each of the parties as herein provided.
Signature of:
Police Department
City of Vernon
x0k U,;r)- M-
Daniel Calleros, Interim Chief of Police
7 G/
Dated
COUNTY OF LOS ANGELES
Sheriff's Department
Dated
D. Baca, Sheriff
-Z,dl
Z d/ /--
i
IOS
Juarez, Debbie
From: Calleros, Daniel [DCaileros@covpd.org]
Sent: Tuesday, November 15, 2011 7:34 AM
To: Juarez, Debbie
Cc: Yamaguchi, Willard
Subject: FW: Mutual Aid Agreement
Debbie, as we discussed regarding resolution # 2011-104, the LASD Sheriff does not sign the mutual aid operational
agreement or the peace officer extent of authority. The agency Chief is the only signature that is required. LASD
SergeantJim u y advised that there is no need to send a revised agreement. LASD will accept the agreements we
submitted. Call me is you have further questions.
Danny
From: Sully, James P. fmailtoOPSully0lasd.org]
Sent: Monday, November 07, 2011 4:20 PM
To: Calleros, Daniel
Subject: RE: Mutual Aid Agreement
Chief,
Sorry that this has taken so long. I have been in an overload mode and failed to check far enough back in my emails to
pick this up.
In researching your "upgrade" to the Mutual Aid Plan form, seeking the Sheriffs signature, I posed the question to our
State Coordinator.
This is a State form, not a County one. Your agency, with your signature, is agreeing to help the other Chiefs In the State,
in the event of a major disaster, either natural or manmade. Obviously, we adhere to the LEMA protocols of 50%
deployments locally, then County, then Regionally, before moving agency personnel statewide. The Sheriff, being the
Law Enforcement Mutual Aid Coordinator for Region One (Los Angeles/Orange Counties) does not sign off on your
(Chiefs) agreements, but rather is the Coordinator or "keeper of the records". He does however sign, as you do for
Vernon, making LASD a part of the program willing to provide law enforcement mutual aid as needed..
I will gladly get a new copy to you for yoursignature (or City official, per your protocols). I Issued new forms to all of the
Area "C" Chiefs last week. I will be trying to schedule a meeting with the Area D and E Chiefs, in the near future.
I hope this helps and again I apologize for the delay.
Jim
From: Calleros, Daniel fmailto;DCallerosQcovDd.Orol
Sent: Tuesday, October 25, 2011 1:11 PM
To: Sully, James P.
Subject: Mutual Aid Agreement
James, checking in on the status of the mutual aid agreement. We attended the EOB event last month, but
unfortunately we were notable to meet up. LASD staff did a great job on the event and with the different
presentations. I learned a lot from the information provided. Let me know where we stand with the signatures for the
mutual aid agreement. Let me know.
Regards,
Danny
Daniel Calieros
Interim Chief of Police I Vernon Police Department
4305 Santa Fe Ave I Vernon CA 190058
Phone 323.587.5171 1 Fax 323.826.1481 ( email dealleros(acovpd.org
RECEIVEr
MAY 3 1 2811
CITY CLERK'S OftiGE
6i c a;a?� 0(/ Colal%
RECEIVED
MAY 3 1 2011
CITY ADMINISTRATION
STAFF REPORT _
VERNON POLICE DEPARTMENT
DATE: May 24, 2011
TO: Honorable Mayor and City Council
FROM: Daniel Calleros, Interim Chief of Police 40-e-1
RE: Mutual Aid Operational Plan and Peace Officer Extent of Authority
Agreement per California Penal Code 830.1(a)
SUMMARY
The Police Department (PD) is requesting approval of a Mutual Aid Operational Plan
and a Peace Officer extent of authority agreement per California Penal Code 830.1(a),
between the City of Vernon Police Department and the Los Angeles County Sheriff's
Department.
BACKGROUND
Under provisions of the Sections 8615, 8617, and 8668 of the Government Code of the
State of California, California Disaster and Civil Defense Master Mutual Aid Agreement,
municipalities are allowed to enter into mutual aid and assistance agreements, which
may include provisions for furnishing and exchanging of supplies, equipment, facilities,
personnel, and services across jurisdictional lines.
The City of Vernon Police Department and the Los Angeles County Sheriff's
Department seek to enter into a Mutual Aid Operational Plan in order to provide for the
sharing of resources, personnel, and equipment.
The provisions listed under Section 830.1(a) of the California Penal Code, provides
authority of any California peace officer to perform official duties in the jurisdiction of
other cities. This agreement will allow Vernon Police Officers to perform their duties in
the County areas and vice versa. Investigations conducted by the City of Vernon Police
Department coincide with investigations being pursued within the County of Los
Angeles which falls under the jurisdiction of the Los Angeles County Sheriff's
Department. An agreement pursuant to Penal Code Section 830.1(a) would benefit the
City of Vernon as well as the Los Angeles County Sheriff's Department as the two
agencies would work together to accomplish a common goal.
RECOMMENDATION
Staff recommends that the City Council approve the Mutual Aid Operational Plan and
the agreement pursuant to California Penal Code Section 830.1(a).
AGREEMENT REVIEW
The City Attorney's Office has reviewed and approved the Mutual Aid Operational Plan
and the agreement pursuant to California Penal Code Section 830.1(a).
FISCAL IMPACT
There is,no cost associated with the approval of these agreements.
ATTACHMENTS
Mutual Aid Operational Plan
Agreement Pursuant to California Penal Code Section 830.1(a).
City Attorney's Office Memorandum
CITY ATTORNEY'S OFFICE
INTER -DEPARTMENT MEMORANDUM
DATE: May 12, 2011
TO: Daniel Calleros, Interim Chief of Police
FROM: Willard G. Yamaguchi, Interim City Attorney
RE: Mutual Aid Operational Plan
I have received and reviewed the Mutual Aid Operational Plan and the
attachments thereto.
Please see the recommended change made on the 5th page, second to the
last whereas clause.
Otherwise the Agreement is approved as to form.
WY:em
Enclosures