Loading...
Resolution No. 2012-169RESOLUTION NO. 2012-169 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 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; 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 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. 1 Name: William J. Davis Title: / 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. 2012-169, 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, 2011, at Vernon, California. ili"G.a City Clerk (SEAL) - 4 - EXHIBIT A AGREEMENT PURSUANT TO CALIPORNIA PENAL CODE SECTION 630,1 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. IN WITNESS WHEREOF this agreement pursuant to California Pon al, Code botlon 830.1 has been executed and approved and Is effadve and operative as to eaoh of the parties as herein provided. Signature of: Police Department, City of Vernon 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 n FROM: Deborah Juarez, Records Management Assistant RE: Resolution No. 2012-169 — 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 Sheriffs Department Transmitted herewith are two partially executed agreements for your transmittal and a copy of Resolution No. 2012-169 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.2012-169 Agreement File No. 12-093 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. IN WITNESS WHEREOF this agreement pursuant to California Penal Code Section 830.1 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 Daniel Calleros, Interim Chief of Police ATT :� WIJ&ard G. Wanaguchi C y C e COUNTY OF LOS ANGELES Sheriff's Department Leroy D. Baca, Sheriff RECEIVED: ;AUG Q 8 20f2. 'CITY CIRRK,,sUf 1.0,,E STAFF REPORT VERNON POLICE DEPARTMENT DATE: August 2, 2012 RECEIVED AW022012' CITY,ADMINIWATION 0 TO: Honorable Mayor Pro Tempore and City Council FROM: Daniel Calieros, Interim Chief of Police D" 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 Sheriffs 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 Sheriffs 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 Attomey'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 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. IN WITNESS WHEREOF this agreement pursuant to California Penal Code Section 830.1 has been executed and approved and is effective and operative as to each of the parties as herein provided. Signature of: 'Q"L4�'j aa&� Police Department, City of Vernon akwm Daniel Calleros, Interim Chief of Police ATT Wi rd G. a uchi C'ty C e COUNTY OF JOS ANGELES Shegff' epartmeolt) Lero-y P . Baca,