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Home My WebLink About2007-251 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 RESOLUTION NO. 2007-251 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN BERNARDINO POLICE DEPARTMENT AND CALIFORNIA HIGHWAY PATROL FOR LAW ENFORCEMENT ASSISTANCE. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1: The Mayor and Common Council of the City of San Bernardino authorize the City Manager to execute on behalf of the City, the Memorandum of Understanding between the City of San Bernardino and the California Highway Patrol, a copy of which is attached hereto, marked as Exhibit A and incorporated herein by this reference. SECTION 2: The authorization to execute the above referenced Memorandum of Understanding is rescinded if it is not executed within sixty (60) days of the passage of this Resolution. III III III 19 20 21 22 III 23 24 25 26 III III III III III 27 28 1_ 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 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN BERNARDINO POLICE DEPARTMENT AND CALIFORNIA HIGHWAY PATROL FOR LAW ENFORCEMENT ASSISTANCE. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 16th day of July Council Members AYES ESTRADA ~ BAXTER X BRINKER X X DERRY KELLEY X - JOHNSON X X McCAMMACK , 2007, by the following vote, to wit: NAYS ABSTAIN ABSENT chelCI The foregoing resolution is hereby approved th~ day of Approved as to Form: -~ 2007-251 MEMORANDUM OF UNDERSTANDING CALIFORNIA HIGHWAY PATROL ASSISTANCE TO THE CITY OF SAN BERNARDINO 1. INTRODUCTION a. Name: (1) CITE V (Community Interagency Training and Enforcement) b. Event Type: (1) Zero-Tolerance, Proactive Traffic Law Enforcement Patrol c. Duration of Agreement: (1) July 18, 2007 through October 6,2007 d. Time: 1600 hours to 0200 hours, Wednesday - Saturday 2. PURPOSE a. Recently, Governor Schwarzenegger led a cooperative state-wide effort to create the California Reduction and Prevention Program (CALGRPP), which has marshaled more than $48 million in additional state and federal funds for suppression, intervention, and prevention strategies. Under the CALGRPP umbrella, the California Highway Patrol (CHP) is authorized to assist local law enforcement through 90-day deployments in local high intensity gang areas. San Bernardino County is one of 19 counties identified by the California Department of Justice as having jurisdictions that rank in the top 25 for homicides per capita. b. Beginning in 1994, cooperative partnerships between San Bernardino Police Department and the CHP have been successful in reducing criminal activity in the City of San Bernardino. As a result of past success, San Bernardino Police Department Chief Michael A. Bildt has requested a renewed joint cooperative effort beginning July 16, 2007, and ending October 6,2007. The proposed collaborative team is named CITE V (Community Interagency Training and Enforcement). 3. MISSION c. Consistent with CHP policy, personnel will provide enhanced, zero-tolerance, proactive traffic/general law enforcement services within the city of San Bernardino in an effort to reduce crime impacting community welfare and quality oflife. (I) Focus CHP patrols on areas identified by the SBPD as displaying crime trends. Exhibit "An 2007-251 Operational Plan-MOU CITE V (2007) Page2of9 (2) Conduct warrant checks on suspects contacted during enforcement actions and debrief suspects arrested regarding criminal activity in San Bernardino. Appropriate information will be communicated to SBPD. 4. EXECUTION AND SCOPE OF ASSISTANCE d. Planning (1) San Bernardino Area personnel met with SBPD management regarding limited term supplemental law enforcement assistance. (2) An operational plan will be distributed to affected CHP commands to provide intent and direction to those assigned to participate in the deployment. (3) SBPD will provide pertinent crime trends in order to appropriately deploy CHP resources to problematic patrol areas. e. CHP Staffing (1) Operational Deployment will commence on July 16, 2007 at 1600 hours. (2) The San Bernardino Area will provide one sergeant, and three officers. (3) Inland Division will provide three officers for the program. (4) Special project code _ will be utilized on all appropriate CHP documents. f. Air Support (1) CHP may request an airship from Inland Division if a closer allied agency does not have one available. (2) Maximum use of air support should be utilized for all pursuits. g. San Bernardino Police Department Staffing (1) SBPD will ensure a SBPD sergeant or manager is available for all operation briefings to ensure relevant patrol and officer safety information is communicated to CHP personnel. (2) A SBPD sergeant or manager will liaison with the CHP sergeant during deployments as necessary, to adjust deployment areas as needed to deter and prevent crime. (3) SBPD will provide crime trend analysis in order to help determine the appropriate deployment of resources. h. Deployment Briefings (1) Each shift deployment will commence with a deployment briefing. Briefing discussions will focus on relevant incidents, officer safety information, and 2007-251 Operational Plan-MOU CITE V (2007) Page 3 of9 current crime trends and wants information as provided by a SBPD manager or supervisor. (2) SBPD will discuss stolen vehicles and crime bulletins on a daily basis. (3) CHP officers are required to attend briefing. 1. Patrol Operations (1) Focused patrol operations will be directed by the CHP manager/sergeant, working in concert with SBPD command staff. (2) Officers will execute proactive patrol, in conjunction with SBPD officers, within specific geographical areas to maximize their visible presence and enforcement based upon crime trends and incidents. (3) The CHP sergeant will actively lead and oversee patrol operations, ensuring the mission of maximum enforcement is maintained while maintaining the safety ofthe staff. (4) Whenever possible, and within compliance of enforcement policy and law, subjects contacted should be checked for outstanding arrest warrants. J. Media Relations (1) CHP and SBPD will coordinate media relations though the SBPD Public Affairs Officer, SBPD Sergeant or Manager. 5. ADMINISTRATION k. Staffing (Refer to Personnel Roster, Annex B) I. Staging (1) The San Bernardino Police Department station will serve as the briefing and staging location for all responding personnel involved in the operation, 710 N. D Street, San Bernardino, CA 92410. m. Uniform (1) All uniformed personnel shall wear the approved work uniform. (2) The sergeant will ensure the professional appearance of the officers prior to deployment. n. Required Equipment (1) All uniformed personnel shall have their PR-24 (in addition to the ASP), OC spray, flashlight, flex-cuffs and soft body armor, in addition to the normal required equipment. 2007-251 Operational Plan-MOU CITE V (2007) Page 4 of9 o. Vehicles (1) Officers assigned to this detail shall make every attempt to utilize a CHP vehicle equipped with a mobile digital computer (MDC). (2) Maximum use of the MDC will help minimize non-essential radio traffic. p. Supervision (I) The CHP sergeant is accountable for assertive proactive enforcement actions of CHP personnel. The sergeant shall constantly oversee the actions of the personnel and ensure their safety. (2) Administrative documentation (CHP 270s, 268s, 187s and 121s) will be the responsibility of the shift supervisor and the involved employee. Any citizens' complaints on department personnel will be handled by the detail's supervisor. (3) Any unusual occurrences will immediately be reported to the San Bernardino CHP Area Commander. q. Use of Force Documentation (1) The supervisor will brief the on call CHP manager of any use of force as soon as the incident has stabilized. (2) All use offorce incidents will be documented on a CHP 216 and photographs shall be taken. (3) Additionally, the supervisor shall prepare a CHP 268 as necessary. r. Officers shall immediately report the following information to the sergeant: (1) Injuries (2) Use of force incidents (3) Media incidents (4) Potential civil liability incidents (5) Foot or vehicle pursuits (6) Significant narcotics arrest(s) (7) Weapons (firearms) seizure, arrest (8) Significant crime or crime lead information from a citizen or suspect (9) A suspect desiring to provide information regarding a criminal investigation (10) This list is not all inclusive s. Evidence (1) All evidence handled by CHP will be booked into the San Bernardino Area office evidence locker. All procedures outlined in HPM 70.1, Evidence Manual, shall be adhered to. 2007-251 Operational Plan-MOU CITE V (2007) Page 5 019 (2) Officers seizing firearm evidence will maximize evidence preservation techniques to ensure the opportunity for latent prints and ballistic examinations on firearms seized. All firearms are to be booked into the San Bernardino Police Department's evidence locker. t. Enforcement Documents (I) All enforcement actions will be documented utilizing the CHP 216, CHP 202 or CHP 215. Documents shall display Special Duty Code _' (2) The sergeant will be responsible for ensuring all enforcement documents are completed and submitted in a timely manner. (3) Field Interview cards should be completed when applicable and provided to SBPD as an investigative resource. u. Impound/Storages (for CHP related incidents/arrests) (1) Case numbers for CHP 180s shall be obtained from San Bernardino CHP, and submitted to Area. (2) Tow companies will be surrunoned by CHP, using CHP rotation tows. (3) CHP will enter the vehicle in CLETS. v. Booking and Arrest Procedures (1) SBPD will provide an Intoxilizer breath testing machine at their station for use by CHP personnel. (2) Prisoner booking will be conducted in the SBPD jail. (3) Officers are responsible for completion of CHP documentation. Specifically, all personnel participating in CITE V shall submit related paperwork (e.g. CHP 180s, 215s, 415s, 216s, 202s, etc.) to the detail's CHP sergeant. w. Time Keeping (I) All CHP personnel shall utilize Special Project Code _' The CHP supervisor is responsible for entering and tracking all detail related OT and coordinating with Area's 415 clerk in order to compile data. x. Statistical Data collection (I) At the conclusion of each shift, officers shall make copies of all CHP 215s, CHP 180s, and booking slips. These copies will be turned into the SBPD sergeant for statistical data collations. Additionally, the CHP shift supervisor will compile similar stats. 2007-251 Operational Plan-MOU CITE V (2007) Page 60f9 6. COMMUNICATION y. Patrol operations communication will be conducted through SBPD dispatch. z. 800 MHz radios will be provided to CHP personnel by SBPD. aa. Secondary communications for this detail will be conducted on Inland Copper, and through the use of CHP extender radios. 7. MUTUAL INDEMNIFICATION CLAUSE a. The City of San Bernardino shall defend, indemnify, and hold the State of California and its agencies, their respective officers, employees, and agents hannless 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 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 hannless from and against any and all liability, loss, expense, attorney's 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, attorney's 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. 2007-251 Operational Plan-MOU CITE V (2007) Page 70f9 ~fJdu;r Michael Bildt Chief of Police City of San Bernardino 1/3./U7 Date ~~~-"'2:.-""'-O" Talbott, Chief Date Commander Inland Division California Highway Patrol 8-~ -Q7 Date ,/~." - es Penman, City Attorney ity of San Bernardino y /1 /~7 Date 11 n, City Manager of San Bernardino 7/i.r/tn ~ Operational Plan-MOU CITE V (2007) Page 80f9 2007-251 Annex A TELEPHONE CONTACT LIST California HiflhwQ1J Patrol Lieutenant Ernest Sanchez, #13424 Email: ersanchezla!chp.ca.gov Sergeant Paul Gouailhardo, #11294 Email: pgouailhardo@chp.ca.gov San Bernardino Police Department Lieutenant Mitchal Ball Special Enforcement Bureau Sergeant David Harp Special Enforcement Bureau Sergeant Rob Young Patrol Division Sergeant Brett Birnbaum Patrol Division CHP Dispatch Center Inland Communications Center Cellular: (909) 266-6898 Work: (909) 383-4247 Cellular (951) 316-6151 Work: (909) 383-4247 Work: (909) 384-5652 Work: (909) 386-1217 Work: (909) 384-5608 Work: (909) 384-5608 (909) 388-8060 Operational Plan-MOU CITE V (2007) Page 9 of9 2007-251 Annex B PERSONNEL ROSTER California Hiflhwav Patrol San Bernardino Area Lieutenant Ernest Sanchez, #13424 Sergeant Paul Gouailhardo, #11294 Officer Reuben Rios, #15495 Officer Michael Earl, #16502 Officer Steven Robinson, # 16851 Inland Division SEU (Information to follow) Inland Division Commercial Unit (Information to follow) 75-Ll 75-S4