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Home My WebLink AboutS02-Police Department . . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Dept: Police ,.', f I \;11>' " " , Subject: Resolution of the Mayor and Common Council of the City of San Bernardino supporting the San Bernardino Police Department's request to the California Highway Patrol for law enforcement assistance From: Garrett W. Zimmon Chief of Police .... Date: Synopsis of Previous Council Action: Resolution #94-235 unanimously approved supporting the San Bernardino Police Department's request to the California Highway Patrol for law enforcement assistance Recommended Motion: Adopt resolution. Contact person: Chief Zimmon Phone: 384-5607 Supporting data attached: Ward: City wide FUNDING REQUIREMENTS: Amount: No additional funding required Source: (Accl. No.) (Ar.d Dp.!'lr.ription) Finance: Council Notes: 12t<':.6 #'200 2- -2S~ Agenda Item No. 5;;L 7//5/0~ . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT Resolution of the City of San Bernardino supporting the San Bernardino Police Department's request to the California Highway Patrol (CHP) for law enforcement assistance. BACKGROUND The summer months are typically periods where cities experience an increase in violent crimes. San Bernardino is no exception and has experienced such increases in the past. A rise in the incidence of violent crime is not acceptable to the citizens of San Bernardino. The Police Department has staffing shortages due largely to an inadequate number of qualified new applicants for open positions and an accumulative increase of injuries to officers. This impedes the ability of the department to deploy sufficient numbers of police officers providing a highly visible law enforcement presence. Research and professional experience by police leaders has proven visible and affirmative enforcement reduces violent crime levels. Additionally, the deployment of OSS resources will allow the department to focus other patrol resources on responding to our calls for service. The San Bernardino Police Department is requesting assistance from the California Highway Patrol to augment police staffing and provide effective law enforcement services to areas identified as experiencing violent crime incidents. From August 1994 - January 1995 a similar program, known as Operation Safe Streets (OSS) was implemented in the City. The CHP was requested and authorized to participate in this operation along with San Bernardino police personnel. During the time period OSS was in operation, there was a 24% decrease in homicides and a 28% decrease in aggravated assaults. The proposed OSS 2002 operation will target crimes of violence such as robberies, felonious assaults, caIjackings, and homicides. There is an increase in nationwide crime rates. The overarching purpose of OSS 2002 is to proactively stem crime within the City of San Bernardino. The commitment by the Police Department is to deploy from existing resources eight police officers and one sergeant. An equal amount will be committed by the CHP. Assuming rapid official concurrence by the CHP and State officials, OSS 2002 is expected to run from approximately August 1st through September 30th. With approval by CHP and the Chief of Police (after evaluation) it may be extended for an additional 30 or 60 days. FINANCIAL IMPACT There is no financial impact on the City's General Fund. RECOMMENDATION Adopt resolution. , . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . .' U, .-\ i RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO SUPPORTING THE SAN BERNARDINO POLICE DEPARTMENT'S REQUEST TO THE CALIFORNIA HIGWAY PATROL FOR LAW ENFORCEMENT ASSISTANCE. WHEREAS, providing traffic law enforcement services to the citizens of California is consistent with the California Highway Patrol's (CHP) primary mission of management and regulation of traffic to achieve safe, lawful, and efficient use of the highway transportation system; and WHEREAS, the CHP, in its secondary mission, supports local law enforcement and stands ready to assist in emergencies exceeding local capabilities; and WHEREAS, consistent with the secondary mission of the CHP and the desire of the Governor to ensure that the citizens of the State of California are provided with adequate law enforcement services; and WHEREAS, the CHP will provide law enforcement assistance on those occasions when it is in the best interest of public safety and the CHP has the necessary resources to do so; and WHEREAS, escalating crime within the City of San Bernardino is jeopardizing the safety of its citizens and police officers and increasing the level of fear of the residents; and WHEREAS, the San Bernardino Police Department does not at this time have sufficient resources to proactively respond to this immediate need for an increased and visible law enforcement presence while formulating other long-term solutions to the escalating crime problem; BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: We support and join the San Bernardino Police Department in their request for law enforcement assistance from the California Highway Patrol in accordance with a Memorandum of Understanding to be entered into between the San Bernardino Police Department and the California Highway Patrol. III III III III . 1 2 3 4 5 6 7 8 9 10 11 12 13 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the _ day of , 2002, by the following vote, to wit: Council Members: AYES ABSTAIN ABSENT NAYS ESTRADA LIEN MCGINNIS DERRY SUAREZ . 14 ANDERSON 15 16 17 18 19 20 21 22 23 24 25 26 . 27 28 MCCAMMACK City Clerk The foregoing ordinance is hereby approved this _ day of ,2002. Judith Valles, Mayor City of San Bernardino Approved as to Form and legal content: JAMES F. PENMAN, City Attorney By: [ I;; . c..~~ . MEMORANDUM OF UNDERSTANDING CALIFORNIA HIGHWAY PATROL ASSISTANCE TO THE CITY OF SAN BERNARDINO PURPOSE Consistent with the secondary mission of the California Highway Patrol (CHP) and the desire of the Governor to ensure that the citizens of the State of California are provided with adequate law enforcement services, the CHP will provide law enforcement assistance on those occasions when it is in the best interest of public safety and the CHP has the necessary resources to do so. The City of San Bernardino has demonstrated through a prior letter of request (copy attached) that crime levels within the City of San Bernardino pose an immediate threat to public safety, and that the overwhelming public safety crisis is caused by continuing, escalating crime rates. Due to limited resources, the City of San Bernardino is temporarily unable to abate the crime problem. CHP assistance with traffic law enforcement will allow the City of San Bernardino to address the escalating crime problems. The purpose of this Memorandum of Understanding and any addenda is to clearly define the scope and duration of assistance to be provided to the City of San Bernardino by the CHP. It is intended to represent the complete agreement between the parties. No additions or deletions can be made to the agreement without written consent of both parties. DESCRIPTION OF ASSISTANCE TO BE PROVIDED . The primary assistance to be provided will be the augmentation of traffic law enforcement services. This will include increased levels of high-visibility patrol within the City of San Bernardino, to enhance compliance with the provisions of the California Vehicle Code and thus decrease the spillover of criminal activity from the core area to the roadways upon which the CHP has primary jurisdiction. Secondary assistance will consist of backup for law enforcement calls. Consistent with the CHP's policy of extending assistance to local law enforcement agencies, the City of San Bernardino has requested the CHP to provide traffic law enforcement services within the City for a specific period of time. CHP assistance with traffic law enforcement will allow the San Bernardino Police Department to address escalating crime, particularly robberies, carjacking, assaults, and other crimes of violence. SCOPE OF ASSISTANCE The CHP will commit eight (8) officers and one supervisor, with supporting equipment, for the duration of the agreement. Support will be provided four (4) days a week, between the hours of 1300 and 2300, from Wednesday through Saturday. Members of the CHP assigned to provide assistance to the City of San Bernardino under this agreement should remain under the command and control of the CHP and its appointed supervisors. CHP policies and procedures will govern appropriate response by CHP personnel to all incidents. The identification of deployment strategies, communications, and primary investigative responsibility will be contained in an Operational Plan to be developed prior to the effective date of this agreement. . While assigned to this operation, California Highway Patrol Officers will work in pairs; two (2) officers assigned to a single vehicle. San Bernardino Police Department will be responsible for the Memorandum of Understanding . Page 2 investigation of traffic accidents occurring within the City of San Bernardino. The CHP will assist San Bernardino Police Department with traffic accidents on a limited basis when no San Bernardino Police Department units are available. The responsibility for follow-up investigation of all non- traffic crimes encountered. by CHP Officers will be by the San Bernardino Police Department. Coordination of daily operational information will be the responsibility of the Field Operations Officer and Field Supervisors. All CHP policies will remain in effect in regard to documenting accidents, incidents, and arrests, etc. CHP forms will be used. California Highway Patrol equipment will not be used by other than CHP personnel. CHP Officers will be deployed along with other task force personnel in designated areas of the city to reduce the crime rate through aggressive, high visibility patrol. Officers will operate in a traffic enforcement mode. If warranted, officers will cite and/or arrest the vehicle occupants. -As part of this activity, officers will also store vehicles as permitted by CHP policy and the California Vehicle Code. CHP Officers will also assist as secondary units on calls for service and high priority calls. MUTUAL INDEMNIFICATION CLAUSE . The City of San Bernardino shall defend, indemnify, and hold the State of California and its agencies, their respective officers, employees, and agents harmless from and against any and all liability, loss, expense, attorneys' fees, or claims for injuries or damages arising out of the performance of this agreement, but only in proportion to, and to the extent such liability, loss, expense attorneys' fees, or claims for injuries or damages are caused as a result of the negligent or intentional acts or omissions of the City of San Bernardino, its officers agents, or employees. The costs, salaries and expenses of the City Attorney and members of his office in enforcing this contract on behalf of the City shall be considered as "Attorney's Fees" for the purposes of this paragraph. The State of California shall defend, indemnify, and hold the City of San Bernardino, its officers, employees, and agents harmless from and against any and all liability, loss, expense, attorneys' fees, or claims for injuries or damage arising out of the performance of this agreement, but only in proportion to, and to the extent of such liability, loss, expense, attorneys' fees, or claims for injuries or damages are caused as a result of the negligent or intentional acts or omissions of the State of California or its agencies, their respective officers, agents, or employees. DURA nON OF AGREEMENT This Memorandum of Understanding shall remain in effect for a period not to exceed 60 days, beginning at I :01 p.m. on August 1, 2002, and automatically terminating at 6:01 a.m. on September 30,2002. Either the City of San Bernardino or the CHP may, at its discretion, rescind this MOU by providing, at a minimum, a five-day advance written notice. Any extension of this MOU requires the mutual written agreement of the CHP and City of San Bernardino. Any and each extension is to be for no longer than a 30-day period. .' . . . l Memorandum of Understanding Page 3 REOUESTING AGENCY AND CHP SIGNATURES GARRETT W. ZIMMON Chief of Police City of San Bernardino Date , Captain Date Commander San Bernardino Area California Highway Patrol , Chief Date Commander Inland Division California Highway Patrol Date Commissioner California Highway Patrol List of addenda: I. Letter 0 f Request 2. Resolution from allied agency governing body requesting assistance 7'/'f?:!i~"",."'!'- . '^_'Y__2'~~_~1'<,< .- - :' 'IT' . ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): '1-IS-c)J Item # S::L Resolution # Vote: Ayes 1- 'I Nays -G-- Abstain.B- Change to motion to amend original documents: - gC()d-;7S -::, Absent 6- Reso. # On Attachments: - Contract term: Note on Resolution of Attachment stored separately: ~ Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY NullNoid After: - By: - Date Sent to Mayor: '1- \ C- "u;r Date of Mayor's Signature: ''1-n -0~r Date of ClerklCDC Signature: ')- ll-u;;r Reso. Log Updated: y-" Seal Impressed: ,/" See Attached: See Attached: See Attached: Date Returned: - ent for Signature: 60 Day Reminder Letter Sen th day: 90 Day Reminder Letter Sent on 45th day: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234,655,92-389): YesL No By Yes No~ By Yes No ,/ By Yes No / By Yes No y By_ Copies Distributed to: City Attorney .,/ Parks & Rec. Code Compliance Dev. Services Police / Public Services Water EDA Finance MIS Others: Notes: BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File: ~ Date: "-I'] -().;;>. Rev ised 0 I /12/0 1