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Home My WebLink About16-Police Department . , 'CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Garrett W. Zimmon Chief of Police Subject: Resolution of the Mayor and Common Council authorizing the execution of a Memorandum of Understanding with the Los Angeles County Sheriff's Department (for SCRRA-Metrolink) and the City of San Bernardino Police Department. Dept: Police 0 \ G \ N l\ L Date: November 10!J~~ Synopsis of Previous Council Action: None Recommended Motion: Adopt Resolution ~~jI4 Signature Contact person: Captain .lImifer Aragon Phone" 3R4-!)fi09 Supporting data attached: Ward: 3-6-7 yes FUNDING REQUIREMENTS: Amount: $ none Source: Finance: Council Notes: K<;;"""l':O,I.I2CC"I-$ Agenda Item Nc if/(p IIS/bcJ . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT Resolution of the Mayor and Common Council authorizing the execution of a Memorandum of Understanding with the Los Angeles County Sheriffs Department (For SCRRA - Metrolink) and the City of San Bernardino Police Department. BACKGROUND The San Bernardino Police Department recently received a Memorandum of Understanding between the San Bernardino Police Department and the Los Angeles County Sheriffs Department. The purpose of the correspondence from the Sheriffs Metrolink Bureau was to "update the Memorandums of Understanding that are in place". We find no evidence of the existence of such previous MOU; however, we have been working with the Los Angeles County Sheriffs Department and the SCRRA (Southern California Regional Rail Authority) as described in the attached MOU. This MOU covers two main points of agreement. The first is to establish the San Bernardino Police Department scope of responsibility and the joint responsibilities with the L.A. County Sheriffs Department for Metrolink-related crimes, incidents and accidents. The second main point of agreement is mutual indemnification. FINANCIAL IMPACT None. RECOMMENDATION Adopt Resolution. " e 1 2 3 4 5 6 7 8 9 10 11 12 e 13 14 15 RES~~Y RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE LOS ANGELES COUNTY SHERIFF'S DEPARTMENT (FOR SCRRA - METROLlNK) AND THE CITY OF SAN BERNARDINO POLICE DEPARTMENT. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: Section I. The San Bernardino Police Department is responsible for general law and traffic enforcement with the City of San Bernardino. The Los Angeles County Sheriffs Department is responsible for the security of passengers and property of the Metrolink Commuter Rail System. The Los Angeles County Sheriffs Department's responsibilities are based upon the sheriffs statutory powers and agreement with the Southern California Regional Rail Authority (SCRRA), operators of the Metrolink heavy rail system. Section 2. The Mayor and Common Council of the City of San Bernardino authorizes the Chief of Police to be a signatory party to this memorandum of understanding. Section 3. The authorization to executive the above referenced memorandum of understanding is rescinded ifnot signed within one hundred-twenty (120) days of the passage 16 of this resolution. 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III e 25 III Yl t). ,2.8 S:\Council\Metrolmk Reso_doc ( z.-!/~ 6 held on the day of 7 Council Members: AYES 8 ESTRADA 9 LONGVILLE 10 MCGINNIS 11 DERRY 12 SUAREZ . 13 ANDERSON 14 MCCAMMACK 15 16 17 ," . 25 . 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE LOS ANGELES COUNTY SHERIFF'S DEPARTMENT (FOR SCRRA - METROLINK ) AND THE CITY OF SAN BERNARDINO POLICE DEPARTMENT. 2 3 4 I HERBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 5 and Common Council of the City of San Bernardino at a meeting thereof, ,2003, by the following vote, to wit: NAYS ABSTAIN ABSENT CITY CLERK The forgoing Resolution is hereby approved this _ day of ,2003. 18 19 20 Judith Valles, Mayor 21 City of San Bernardino 22 Approved as to form and legal content: 23 24 JAMES F. PENMAN, City Attorney By: ~ 7'~"- _ (l S:\Counci]\~"'1etrO]ink Reso_doc " - - - MEMORANDUM OF UNDERSTANDING between the SAN BERNARDINO POLICE DEPARTMENT and the LOS ANGELES COUNTY SHERIFF'S DEPARTMENT This Memorandum of Understanding is by and between the San Bernardino Police Department and the Los Angeles County Sheriffs Department The San Bernardino Police Department is responsible for general law and traffic enforcement within the city of San Bernardino. The Los Angeles County Sheriffs Department is responsible for the security of passengers and property of the Metrolink Commuter Rail System. The Los Angeles County Sheriffs Department responsibilities are based upon the Sheriffs statutory powers and agreement with the Southern California Regional Rail Authority (SCRRA), operators of the Metrolink heavy rail system. In furtherance of these obligations, the Sheriff of Los Angeles County and the San Bernardino Police Department, acting through their Chief of Police, agree to the following. As used in sections "A" and "B," "law enforcement responsibilities" include directly responding to incidents, investigation, follow-up, and preparation of legal documents and case filings: A. The Los Angeles County Sheriff's Department agrees to accept law enforcement responsibility for: 1. All crimes or incidents occurring or originating on board the Metrolink trains. 2. All thefts of rail property from Metrolink trains. 3. All reports of vandalism to the Metrolink trains. And to: 4. Provide, when requested, statistical data relative to Metrolink passenger stations, parking lots and facilities in the San Bernardino Police Department's jurisdiction, including statistical analyses, trends, and other law enforcement enhancing information. M.O.U. - October, 2003 Page 1 of 3 " - e e MEMORANDUM OF UNDERSTANDING - CONTINUED B. The San Bernardino Police Department agrees to accept law enforcement responsibility within their jurisdictional boundaries for: 1, All crimes occurring on the right of way, including rail track. 2. All crimes or incidents originating off the Metrolink trains which continue onto Metrolink trains. 3. All vehicle and pedestrian vs. train accidents along the right of way and at grade crossings. 4. All crimes and/or incidents occurring at Metrolink stations and platforms and in their adjacent vehicle parking facilities. 5. Temporarily detaining suspect(s), when requested by the Los Angeles County Sheriff's Department, until the Los Angeles County Sheriff's Metrolink Bureau can arrive to handle the situation. And to: 6. Appoint a liaison to interact with the Los Angeles County Sheriff's Metrolink Bureau's liaison. A system will be established by which the Sheriff's Metrolink Bureau liaison can access, on a monthly basis, all reports and statistical data collected by the San Bernardino Police Department that pertain to criminal activity and incidents occurring on Metrolink Station platforms, the adjacent parking areas, and rail right of ways within their jurisdiction. Utilizing this system, the Sheriff's Metrolink Bureau liaison and the San Bernardino Police Department liaison will jointly endeavor to reduce criminal and public safety hazards within their respective jurisdictions. c. Joint Responsibilities: Members of the Los Angeles County Sheriff's Department and the SCRRA may respond to assist the San Bernardino Police Department whenever an accident or incident directly or indirectly involves the Metrolink Commuter Rail System, or may impact public safety and/or the safe continued operations of train service. The objective is to render assistance in handling the incident as expeditiously as possible in order to resume or continue public roadway access and train operations for the benefit of the riding public. M.O.U. - October, 2003 Page 2 of 3 \~. e e e . MEMORANDUM OF UNDERSTANDING - CONTINUED Both agencies are obliged to examine and identify any condition for which jurisdictional responsibility is not clearly delineated in this memorandum. Such issues shall be resolved promptly. D. Mutual Indemnification: Neither party hereto shall be liable for any damages proximately resulting from the negligent or wrongful acts or omissions of the other party's employees or agents in the performance of this agreement; and each party shall indemnify, defend and hold harmless the other party from any such damages or liability. E. The Los Angeles County Sheriff's Department and the San Bernardino Police Department agree: 1. To review the provisions of this memorandum a minimum of once each year. 2. That this memorandum remains in force until a proposal for an amendment to this memorandum has been jointly resolved by the signers or their successors. Nothing in this memorandum is to be construed as conflicting with existing laws, regulations, and prescribed responsibilities applicable to the respective parties hereto. By: \' , ./) ,) 'xJ.LiZ ~:.r:1 ~ (J-.- Leroy D. Baca, Sheriff Los Angeles County Sheriffs Department Date: By: Date: Garrett Zimmon, Chief San Bernardino Police Department M.O.U. - October. 2003 Page 3 of 3 , CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: January 7,2004 TO: Garrett Zimmon, Chief of Police FROM: Michelle Taylor, Senior Secretary RE: Transmitting Documents for Signature - Resolution 2004-5 At the Mayor and Common Council meeting of January 5, 2004, the City of San Bernardino adopted Resolution 2004-5 - Resolution authorizing the execution of a Memorandum of Understanding with the Los Angeles Sheriff's Department (for SCRRA - Metrolink) and the City of San Bernardino Police Department. Attached is one (1) original agreement. Please sign in the appropriate location and return the original agreement to the City Clerk's Office as soon as possible, to my attention. If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you. Michelle Taylor Senior Secretary I hereby acknowledge receipt of the above mentioned documents. Signed: (L ~ &, 1{..."...;,., 3 )/ g / tJLf Please sign and return Date: OFFICE OF THE CITY CLERK RACHEL G. CLARK, C.M.C. - CITY CLERK 300 North "D" Street. San Bernardino. CA 92418-0001 909.384.5002. Fax: 909.384.5158 www.ci.san-bernardino.ca.us " January 14, 2004 Curtis A. Jensen, Lieutenant County of Los Angeles Sheriffs Department Headquarters 4700 Ramona Blvd. Monterey Park, CA 91754-2169 Lt. Jensen, Enclosed, please find one fully executed copy of the Memorandum of Understanding with the Los Angeles Sheriffs Department (SCRRA - Metrolink) and the City of San Bernardino Police Department. If you have any questions, please do not hesitate to call me at (909)384-5002. Sincerely, V}?rc ld: (( ifJ! it.,," Michelle Taylor J Senior Secretary Enclosure CITY OF SAN BERNARDINO ADOPTED SHARED VALVES: Integrity. Accountability. Respect for Human Dignity. Honesty