Resolution No. 2012-168RESOLUTION NO. 2012-168
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
MUTUAL AID OPERATIONAL PLAN AGREEMENT BY AND
BETWEEN THE CITY OF VERNON AND THE LOS ANGELES
COUNTY SHERIFF'S DEPARTMENT
WHEREAS, pursuant to 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 for the furnishing
and exchanging of supplies, equipment, facilities, personnel, and
services across jurisdictional lines; and
WHEREAS, the City of Vernon ("City") and the Los Angeles
County Sheriff's Department (the Sheriff's Department") desire to enter
into a Mutual Aid Operational Plan Agreement (the "Agreement") in order
to provide for the sharing of resources, personnel and equipment; and
WHEREAS, by memo dated August 2, 2012, 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 relating to the sharing of resources, personnel and
equipment across jurisdictional lines; 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 herein above are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Mutual Aid Operational Plan 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
instructs 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, including but not limited
to, any nonsubstantive changes to the Agreement attached herein.
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 21st day of August, 2012.
Name: William J. Davis
Title: *Fe7oT / Mayor Pro-Tem
- 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. 2012-168, 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, August 21, 2012, and thereafter was duly signed by the
Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this day of August, 2012, at Vernon, California.
(SEAL)
W' lard G. Yama c i, C'ty Clerk
- 4 -
EXHIBIT A
MUTUAL AID AGREEMENT
2012
MUTUAL AID OPERATIONAL PLAN
THIS AGREEMENT is made and entered into by and between the participant municipal
corporations and other political subdivisions which now or hereafter become signatories hereto:
WITNESSETH:
WHEREAS, the signatory agencies desire to coordinate public safety service efforts and
encourage maximum cooperation between all law enforcement and prosecutorial 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 term
and conditions set forth by the participating agencies; and
WHEREAS, it is also necessary and desirable that the resources, personnel, equipment
and facilities of any one party to this plan be made available to any other party to prevent,
combat, or eliminate a probable or imminent threat to life or property resulting from local peril,
local emergency, local disaster, or civil disturbance, or a duly proclaimed "state of extreme
emergency" or "state of disaster", or "state of war emergency' and to render mutual and
supplementary public safety services one to the other as the need may arise; and
WHEREAS, extensive loss of life and property may be mitigated by the immediate and
adequate response of the forces of local government to what are or may be disturbances and
disasters; and
WHEREAS, the parties signatory to this plan 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 plan 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
WHEREAS, the 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, and other laws of the State of California, empower each of the parties to this plan to
so agree; and
WHEREAS, it, is expressly understood that this plan and the operation orders adopted
pursuant thereto shall not supplant existing agreements between some of the parties hereto
providing for the exchange or furnishing of certain types of facilities and services on a
reimbursable exchange or other basis, nor supplant other mandatory agreements required by
law in the event of a duly proclaimed emergency.
NOW, THEREFORE, IT IS HEREBY AGREED by and between each and all of the
parties signatory hereto as follows;
Each public agency signatory hereto may join in joint efforts which shall be
governed by the terms and conditions set forth by the participating agencies.
2. Each public agency signatory hereto may furnish supplementary public safety
services to the other public agencies signatory to this plan in the event of local peril, local
emergency , local disaster, civil disturbance and such other occasions as may arise.
3. The mutual aid extended under this plan and the operation orders adopted
pursuant to this plan shall be without reimbursement unless otherwise expressly provided for by
the parties to this plan or as provided by law.
4. The responsible local official in whose jurisdiction an incident requiring mutual aid
has occurred, unless otherwise provided, shall remain in charge at such incident including the
direction of such, personnel and equipment provided him through the operation of such mutual
aid operations plan.
5. That nothing contained in this plan shall require or relieve any party hereto from
the necessity and obligation of furnishing adequate protection to life and property within their
own jurisdiction and no party shall be required to deplete unreasonably his own resources,
facilities, and services in furnishing such mutual aid.
6. Any services performed or expenditures made in connection with the furnishing
of assistance shall conclusively be presumed to be for the direct protection of the inhabitants
and property of the party furnishing the assistance and for the direct benefit of all the inhabitants
of the area.
7. This plan 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.
8. The declination of one or more of the parties to participate in this plan or any
amendment, revision, or modification thereof, shall not affect the operation of this plan nor
operation orders adopted pursuant thereto insofar as the validity of the plan pertains to the
signatory parties.
9. This plan 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 plan until participation in this plan is terminated by the
party. The termination by one or more of the parties of its participation in this plan shall not
affect the operation of this plan as between the other parties thereto.
10. Termination of participation in this plan may be effected by any party by giving
notice of said termination of participation in this plan to the public agencies, a party hereto, and
this plan shall be terminated as to such party twenty (20) days after the filing of such resolution.
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
dKKXM
Daniel Calleros, Interim Chief of Police
ATTEST:
Willard G. Yamaguchi, City Clerk
COUNTY OF LOS ANGELES
Sheriff's Department
Leroy D. Baca, Sheriff
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: August 22, 2012
TO: Daniel Calleros, Interim Police Chief
FROM: Deborah Juarez, Records Management Assistant J�
RE: Resolution No. 2012-168 — A Resolution of the City Council of the City of Vernon
Approving and Authorizing the Execution of a Mutual Aid Operational Plan Agreement by
and between the City of Vernon and the Los Angeles County Sheriffs Department
Transmitted herewith are two partially executed agreements for your transmittal and a copy of Resolution
No. 2012-168 referenced above, which was approved by City Council on August 21, 2012.
It is understood that the Sheriff/Law Enforcement Mutual Aid Coordinator for the region will have the
fully executed agreement on file and that the City's file will only have a partially executed copy.
Thank you.
Enclosures
c: Resolution No. 2012-168
Agreement File No. 12-092
MUTUAL AID AGREEMENT
2012
MUTUAL AID OPERATIONAL PLAN
THIS AGREEMENT is made and entered into by and between the participant municipal
corporations and other political subdivisions which now or hereafter become signatories hereto:
WITNESSETH:
WHEREAS, the signatory agencies desire to coordinate public safety service efforts and
encourage maximum cooperation between all law enforcement and prosecutorial 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 term
and conditions set forth by the participating agencies; and
WHEREAS, it is also necessary and desirable that the resources, personnel, equipment
and facilities of any one party to this plan be made available to any other party to prevent,
combat, or eliminate a probable or imminent threat to life or property resulting from local peril,
local emergency, local disaster, or civil disturbance, or a duly proclaimed "state of extreme
emergency" or "state of disaster", or "state of war emergency" and to render mutual and
supplementary public safety services one to the other as the need may arise; and
WHEREAS, extensive loss of life and property may be mitigated by the immediate and
adequate response of the forces of local government to what are or may be disturbances and
disasters; and
WHEREAS, the parties signatory to this plan 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 plan 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
WHEREAS, the 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, and other laws of the State of California, empower each of the parties to this plan to
so agree; and
WHEREAS, it is expressly understood that this plan and the operation orders adopted
pursuant thereto shall not supplant existing agreements between some of the parties hereto
providing for the exchange or furnishing of certain types of facilities and services on a
reimbursable exchange or other basis, nor supplant other mandatory agreements required by
law in the event of a duly proclaimed emergency.
NOW, THEREFORE, IT IS HEREBY AGREED by and between each and all of the
parties signatory hereto as follows;
Each public agency signatory hereto may join in joint efforts which shall be
governed by the terms and conditions set forth by the participating agencies.
Each public agency signatory hereto may furnish supplementary public safety
services to the other public agencies signatory to this plan in the event of local peril, local
emergency, local disaster, civil disturbance and such other occasions as may arise.
3. The mutual aid extended under this plan and the operation orders adopted
pursuant to this plan shall be without reimbursement unless otherwise expressly provided for by
the parties to this plan or as provided by law.
4. The responsible local official in whose jurisdiction an incident requiring mutual aid
has occurred, unless otherwise provided, shall remain in charge at such incident including the
direction of such personnel and equipment provided him through the operation of such mutual
aid operations plan.
5. That nothing contained in this plan shall require or relieve any party hereto from
the necessity and obligation of furnishing adequate protection to life and property within their
own jurisdiction and no party shall be required to deplete unreasonably his own resources,
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:
C` — Police Department, City of Vernon
10MUMMM
Daniel galleros, Interim Chief of Police
i,
COUNTY OF LOS ANGELES
Sheriff's Department
Leroy D. Baca, Sheriff
RECEIVED
AUG 0 6 2012
RECEIVED
AUG 0 2 2012
CITY ADMINISTRATION
CITYCLERK'S OFFICE STAFF REPORT
- VERNON POLICE DEPARTMENT
Ce
DATE: August 2, 2012
TO: Honorable Mayor Pro Tempore and City Council
FROM: Daniel Calleros, Interim Chief of Police At/
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 an annual 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 Vernon Police Department and the Los Angeles County Sheriffs 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 Sheriffs 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 Chief Deputy 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).
• Chief Deputy City Attorney's Office Memorandum
CITY ATTORNEY'S OFFICE
INTER -DEPARTMENT MEMORANDUM
DATE: July 31, 2012,
TO: Daniel Calleros, Interim Chief of Police
FROM: Willard G. Yamaguchi, Chief Deputy City Attorney
RE: Mutual Aid Operational Plan and Peace Officer Extent of
Authority Agreement
I have received and reviewed the Memorandum dated July 24, 2012, and
the attachments thereto.
The mutual aid operational plan and peace officer extent of authority
agreement are approved as to form.
WY:em
Enclosures
MUTUAL AID AGREEMENT
2012
MUTUAL AID OPERATIONAL PLAN
THIS AGREEMENT is made and entered into by and between the participant municipal
corporations and other political subdivisions which now or hereafter become signatories hereto:
WITNESSETH:
WHEREAS, the signatory agencies desire to coordinate public safety service efforts and
encourage maximum cooperation between all law enforcement and prosecutorial 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 term
and conditions set forth by the participating agencies; and
WHEREAS, it is also necessary and desirable that the resources, personnel, equipment
and facilities of any one party to this plan be made available to any other party to prevent,
combat, or eliminate a probable or imminent threat to life or property resulting from local peril,
local emergency, local disaster, or civil disturbance, or a duly proclaimed "state of extreme
emergency" or "state of disaster", or "state of war emergency" and to render mutual and
supplementary public safety services one to the other as the need may arise; and
WHEREAS, extensive loss of life and property may be mitigated by the immediate and
adequate response of the forces of local government to what are or may be disturbances and
disasters; and
WHEREAS, the parties signatory to this plan 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 plan 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
WHEREAS, the 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, and other laws of the State of California, empower each of the parties to this plan to
so agree; and
WHEREAS, it is expressly understood that this plan and the operation orders adopted
pursuant thereto shall not supplant existing agreements between some of the parties hereto
providing for the exchange or furnishing of certain types of facilities and services on a
reimbursable exchange or other basis, nor supplant other mandatory agreements required by
law in the event of a duly proclaimed emergency.
NOW, THEREFORE, IT IS HEREBY AGREED by and between each and all of the
parties signatory hereto as follows;
Each public agency signatory hereto may join in joint efforts which shall be
governed by the terms and conditions set forth by the participating agencies.
2. Each public agency signatory hereto may furnish supplementary public safety
services to the other public agencies signatory to this plan in the event of local peril, local
emergency, local disaster, civil disturbance and such other occasions as may arise.
3. The mutual aid extended under this plan and the operation orders adopted
- - pursuanttothis plan shall be without reimbursement unless otherwise expressly provided for by
the parties to this plan or as provided by law.
4. The responsible local official in whose jurisdiction an incident requiring mutual aid
has occurred, unless otherwise provided, shall remain in charge at such incident including the
direction of such personnel and equipment provided him through the operation of such mutual
aid operations plan.
5. That nothing contained in this plan shall require or relieve any party hereto from
the necessity and obligation of furnishing adequate protection to life and property within their
own jurisdiction and no party shall be required to deplete unreasonably his own resources,
facilities, and services in furnishing such mutual aid.
6. Any services performed or expenditures made in connection with the furnishing
of assistance shall conclusively be presumed to be for the direct protection of the inhabitants
and property of the party furnishing the assistance and for the direct benefit of all the inhabitants
of the area.
7. This plan 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.
8. The declination of one or more of the parties to participate in this plan or any
amendment, revision, or modification thereof, shall not affect the operation of this plan nor
operation orders adopted pursuant thereto insofar as the validity of the plan pertains to the
signatory parties.
9. This plan 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 plan until participation in this plan is terminated by the
party. The termination by one or more of the parties of its participation in this plan shall not
affect the operation of this plan as between the other parties thereto.
10. Termination of participation in this plan may be effected by any party by giving
notice of said termination of participation in this plan to the public agencies, a party hereto, and
this plan shall be terminated as to such party twenty (20) days after the filing of such resolution.
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:
a,—Q 0`Y`Ak - -� Police Department, City of Vernon
MMM19
Daniel Calleros, Interim Chief of Police
ATTEK :
Willdpd G. Yamzifuchi,
COUNTY OFS ANGELES
Sherkff', epartmeV
Leroq'Dj. Baca,