HomeMy WebLinkAboutCity of Anaheim - 2008-07-07City ®f Huntington Beach
2000 Main Street ® Huntington Beach, CA 92648
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
July 23, 2008
Sergeant Mike Foster
1520 S. Disneyland Dr.
Anaheim, CA 92802
Dear Sgt. Foster -
Enclosed please find one original of the Memorandum of Understanding Relating to
Avoid the 28 — Driving Under the Influence Campaign Project for Orange County,
Funded by the State of California Office of Traffic Safety.
Upon execution, please return a complete copy to:
Joan L. Flynn
City Clerk
2000 Main Street
Huntington Beach CA 92648
Your attention to this matter is greatly appreciated.
Sincerely,
oan L. Flynn, CA
MC")
Clerk
JF: pe
Enclosure: Agreement
G : fo l lokvup: agrmtltr
Sister Cities: Anjo, Japan m Waitakere, New Zealand
(Telephone: 714-536-5227 )
CITY OF HUNTINGTON BEACH
MEETING DATE: July 7, 2008 DEPARTMENT ID NUMBER:PD-08-006
Council/Agency Meeting Held: 2-�'}�
Deferred/Continued to:
)�,App oved ❑ ditionally A prove ❑ Denied
Ci le k' Sign re
Council Meeting Date: July 7,2008
Department ID Number: PD-08-006
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: PAUL EMERY, INTERIM CITY ADMINISTRATOR J/
PREPARED BY: KENNETH W. SMALL, CHIEF OF POLICE
SUBJECT: Approve Memorandum Of Understanding Between The City Of Anaheim And
The City Of Huntington Beach To Participate In A Countywide Grant
Campaign Known As "Avoid The 28". The Office Of Traffic Safety (OTS)
Funded The Grant Project And The City Of Anaheim Is The Host Agency.
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: The Anaheim Police Department will serve as the host agency
for an Orange County Regional DUI effort to reduce alcohol -involved fatalities and
injuries and raise general public awareness regarding the problems associated with
drinking and driving.
Activities will include DUI checkpoints, DUI saturation patrols, DUI Task Force
Operations, and warrant/court operations for multiple DUI offenders during the
Memorial Day, Fourth of July, August -Labor Day Mobilization, Winter Holiday
Mobilization, and designated Special Events with identified DUI problems thru January
31, 2011.
Funding Source: This is a multi -year grant, which is funded by the California Office of
Traffic Safety for the period of; October 1, 2007, to January 31, 2011. Based on the
OTS agreement with the City of Anaheim, OTS has funded $542,000 for allied
agencies involved. This will be funded from estimated revenue for a new grant not
anticipated during the budget adoption process.
Recommended Action: Motion to:
1. Approval to enter into a multi -year agreement by accepting the
Memorandum of Understanding for the City of Anaheim as it pertains to
OTS Grant Agreement #AL0848 from October 1, 2007 until January 31,
2011. Authorize the Mayor and City Clerk to execute the Agreement, and
2. Establish a separate fund for this funding,
i
C:\Documents and Settings\stephenj\Desktop\Grant RCAavoid THE 28.doc
REQUEST FOR ACTION
MEETING DATE: July 7, 2008 DEPARTMENT ID NUMBER:PD-08-006
Alternative Action(s): Do not approve the MOU; reject the grant funding from the
City of Anaheim and the Office of Traffic Safety, and direct staff accordingly.
Analysis: The City of Huntington Beach has always been concerned with the safe and
efficient movement of vehicular, bicycle, and pedestrian traffic on our highway, streets,
and bikeways. The City of Huntington Beach is currently going through many
redevelopment projects. Many of these projects add to both seasonal and yearlong
traffic related issues within the city.
California Office of Traffic Safety (OTS) rankings show the City of Huntington Beach
DUI arrest ranking in 2006 was 46 of 50. This means that we had the 46th highest DUI
arrest rate in the state, out of 50 cities with populations ranging from 100,001 to
250,000. Even with this high arrest rate, the City of Huntington Beach is ranked 9 of
50 for fatal and injury collisions related to chemically impaired drivers. This means that
Huntington Beach had the 9th highest alcohol involved fatal and injury collision rate in
the in the state, out of 50 cities with populations ranging from 100,001 to 250,000.
We arrested over 2,200 impaired drivers in 2007 and intend on continuing our
aggressive enforcement efforts with the help of this funded DUI campaign. With a full
time team of officers specializing in DUI enforcement, the number of DUI arrests have
dramatically increased and thus reduced the number of DUI involved fatal, injury, and
non injury traffic collisions occurring in the city.
During the last 12 months, collisions caused by DUI were second in number only to
those caused by speeding in Huntington Beach. Collisions caused by speeding often
are less serious in nature because they result from one vehicle rear -ending the other.
DUI related collisions are much more likely to cause serious injuries and death.
Currently, the City of Huntington Beach is ranked 3rd highest of 50 cities for collisions
involving drivers ages 21 to 34 who had been drinking.
Upon acceptance of this MOU agreement, the City of Anaheim will reimburse the City
of Huntington Beach for officer(s) salaries that will be assigned specifically to work DUI
enforcement for the "Avoid the 28 Campaign". This is a multi -year DUI enforcement
campaign project for Orange County that will culminate in January 2011.
Strategic Plan: Provide quality public service with the highest professional
standards to meet community expectations and needs, assuring that the City is
sufficiently staffed and equipped overall.
Environmental Status: Not applicable.
Attachment(s):
CADocuments and Settings\stephenj\Desktop\Grant RCAavoid THE 28.doc 6/23/:
REQUEST FOR ACTION
MEETING DATE: July 7, 2008 DEPARTMENT ID NUMBER:PD-08-006
Memorandum of Understanding relating to Avoid the 28 — Driving
Under the influence Campaign Project for Orange County
2. 1 Fiscal Impact Statement
CADocuments and Settings\stephenj\Desktop\Grant RCAavoid THE 28.doc 6/2U
. b�
_ .,
s
.. i _�_ d
_—,. � � � —
MEMORANDUM OF UNDERSTANDING
RELATING TO AVOID THE 28 - DRIVING UNDER THE INFLUENCE
CAMPAIGN PROJECT FOR ORANGE COUNTY
FUNDED BY THE STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY
This MEMORANDUM OF UNDERSTANDING, entered into this '54 h
day of A U&u-� -i- , 2008, is by and between the CITY OF ANAHEIM
("ANAHEIM") and the CITY OF HUNTINGTON BEACH ("LEA").
WHEREAS, ANAHEIM was selected as the host agency for the 2007
Avoid the 28 - Driving Under the Influence Campaign Project for Orange County (the
"Avoid the 28 Campaign") funded by a grant awarded by and through the State of
California Office of Traffic Safety ("OTS"); and
WHEREAS, as host agency, ANAHEIM is required, under the terms and
conditions of the Avoid the 28 Campaign Grant (the "Grant") to enter into a
Memorandum of Understanding with each participating law enforcement agency that will
be performing enforcement services in an effort to reduce alcohol -involved fatalities and
injuries and raise general public awareness regarding the problems associated with
drinking and driving; and
WHEREAS, LEA is a participating law enforcement agency in the Project
and desires to provide enforcement services in accordance with the terms and conditions
set forth in this Memorandum of Understanding.
NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES TO
THIS MEMORANDUM OF UNDERSTANDING AS FOLLOWS:
SERVICES TO BE PERFORMED BY LEA
LEA shall provide DUI enforcement staff on an overtime basis as staffing levels
allow for the "Avoid the 28 Campaign" during the holiday enforcement period of
October 1, 2007, through January 31, 2011. LEA commits to participate in the
Avoid the 28 Campaign as staffing levels allow and to encourage officers to
emphasize DUI enforcement during all phases thereof.
2. TERM
The term of this Memorandum of Understanding shall be from October 1, 2007,
through January 31, 2011.
08-1648/22931
3. PAYMENT
a. Rate of Payment. LEA shall receive reimbursement from ANAHEIM
based on actual staff hours worked on DUI enforcement for the
"Avoid the 28 Campaign," as invoiced in accordance with Paragraph
B, Invoice Requirements below, during the "Avoid the 28"
enforcement period.
b. Invoice Requirements. Invoices submitted by LEA shall include the
following information:
i. the dates and number of hours worked,
ii. the officer's name and overtime salary rate,
iii. the total dollars requested for overtime reimbursement, and
iv. the statistics required by OTS as outlined in Paragraph 3,
Statistical Reporting, below.
c. Time Limit for Submitting Invoices. ANAHEIM shall not be
obligated to pay LEA for the services covered by any invoice if LEA
presents the invoice to ANAHEIM more than forty-five (45) days after
the date LEA renders the services, or more than forty-five days (45)
after this Memorandum of Understanding terminates, whichever is
earlier.
4. STATISTICAL REPORTING
LEA shall collect and report to ANAHEIM the number of DUI
Checkpoints paid with Avoid the 28 Campaign funds. For each
checkpoint, LEA must collect and report the total number of the
following:
a. vehicles passing through checkpoint,
b. vehicles/drivers screened,
c. field sobriety tests conducted,
d. DUI arrests,
e. drug arrests,
f. criminal arrests,
g. suspended licenses,
h. citations issued,
i. recovered stolen vehicles, and
j. vehicles impounded.
08-1648/22931 2
5.
Col
7
91
AVAILABILITY OF FUNDS
Payment of all services provided pursuant to this Memorandum of
Understanding is contingent upon OTS funding the "Avoid the 28
Campaign" Grant through ANAHEIM. In the event that OTS does not
fund the Grant, ANAHEIM shall not be liable for any payment to LEA for
enforcement services provided by LEA pursuant to this Memorandum of
Understanding whatsoever. ANAHEIM may terminate this Memorandum
of Understanding in accordance with the provisions of Paragraph 9 below
for unavailability of OTS funds.
ALTERATION OF MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding constitutes the entire agreement
between the parties with respect to the subject matter hereof, and
supersedes all oral or written representations or written agreements which
may have been entered into between the parties. No modification or
revision shall be of any force or effect, unless the same is in writing and
executed by the parties hereto.
RECORDS
A. Access. LEA agrees to provide to ANAHEIM, to any Federal or
State department having monitoring or reviewing authority, to
authorized representatives and/or their appropriate audit agencies
upon reasonable notice, access to and the right to examine and
audit all records and documents necessary to determine compliance
with relevant Federal, State and local statutes, rules and regulations
and this Memorandum of Understanding, and to evaluate the
quality, appropriateness and timeliness of services performed, for a
period of at least three (3) years from the termination date of this
Memorandum of Understanding, or until audit findings are
resolved, whichever is greater.
B. Retention. ANAHEIM shall maintain and preserve in its
possession all records relating to this Memorandum of
Understanding for a period of at least three (3) years from the
termination date of this Memorandum of Understanding, or until
audit findings are resolved, whichever is greater.
COMPLIANCE WITH APPLICABLE LAW
All services to be performed by LEA pursuant to this Memorandum of
Understanding shall be performed in accordance with all applicable Federal,
State, County and Municipal laws, ordinances and regulations.
08-1648/22931 3
9. TERMINATION OF MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding may be terminated by ANAHEIM or LEA
at any time upon seven (7) days written notice to the other party.
10. CIVIL LIABILITY AND INDEMNIFICATION.
In contemplation of the provisions of Section 895.2 of the Government Code
imposing certain tort liability jointly upon public entities solely by reason of such
entities being parties to an agreement as defined by Section 895 of the
Government Code, the Parties hereto, pursuant to the authorization contained in
Section 895.4 and 895.6 of the Government Code, agree that each party shall be
liable for any damages including, but not limited to, claims, fees, and costs
resulting from the negligent or wrongful acts or omissions of its employees or
agents in the performance of this Agreement, and each party shall indemnify,
defend and hold harmless the other parry from any such judgment(s), claim(s),.
demand(s), damage(s), loss(es), liability(ies), cost(s) and expense(s) including
reasonable attorneys' fees, for its negligence (including that of the respective
officials, officers, employees, agents, successors and assigns). The Parties agree
that the contribution as provided by Government Code Section 895.6 shall not
apply.
11. WORKERS' COMPENSATION AND OTHER BENEFITS.
Each party shall be responsible for the workers' compensation coverage and
benefits for its own employees participating in this agreement and each shall
indemnify and hold the other party harmless for any claims for such coverage or
benefits as well as for other benefits, which may be claimed by an employee by
virtue of participating in the activities described in this agreement. To the
maximum extent permitted by law, the Parties agree that the other party shall not
be considered "third parties" for purposes of imposing workers' compensation
liability on any party except the entity employing an employee who may be
injured during any joint action of the Parties' trained or designated employees.
[SIGNATURE PAGE FOLLOWS]
08-1648/22931 4
IN WITNESS WHEREOF, the parties have caused this Memorandum of Understanding
to be executed on the date dates hereinafter respectively set forth.
DATE OF EXECUTION: CITY OF ANAHEIM POLICE CHIEF
By:
Qa W-Z���7
of of Police
"ANAHEIM"
APPROVED AS TO FORM:
AI j
aEV ! ( !•
ristina L. Tal ey
Sr. Assistant City Attorney
Date:
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
Z&&;
REVIE D N PROVED: Mayor
a._
City Administratof City Clerk61
INITIATED AND APPROVED:
Police Chief
Date:
APPROVED AS TO FORM:
City Attey DO� 5l ko8 U. 9-� . ®'i
`S • Zq • a'
"LEA"
08-1648/22931
--- _ ., __
��
-- a
i ! �.
_ ,�
r
._
�, � �
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
FINANCE DEPARTMENT
TO: PAUL EMERY, INTERIM CITY ADMINISTRATOR
FROM: DAN T. VI LLELLA, CPA, FINANCE DIRECTOR
SUBJECT: FIS 2007-0847- Avoid the 28" Driving Under the Influence Campaign Project for
Orange County Grant - funded by California Officer of Traffic Safety
DATE: JUNE 23, 2008
As required by Resolution 4832, this Fiscal Impact Statement has been prepared for "Avoid the
28" Driving Under the Influence Campaign Project for Orange County Grant - funded by
California Officer of Traffic Safety"
If the City Council approves this action, there will be no effect on any fund balance, since the
amount is fully funded by new revenues not anticipated during the budget adoption process.
an T. Villella
Finance Director
DTV/rs
INITIATING DEPARTMENT:
Police Department
SUBJECT:
"Avoid the 28" Driving Under the Influence campaign
project for Orange County
Grant funded by California Officer of Traffic Safety
COUNCIL MEETING DATE:
I July 7, 2008
RCA ATTACHMENTS
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Attached
❑
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Attached
❑
Not Applicable
Tract Map, Location Map and/or other Exhibits
Attached
❑
Not Applicable
Contract/Agreement (w/exhibits if applicable)
Attached
Not Applicable
❑
(Signed in full by the City Attorne
Attached
❑
Subleases, Third Party Agreements, etc.
Not Applicable
(Approved as to form by City Attorne
Certificates of Insurance (Approved by the City Attorney)
Attached
Not Applicable
Fiscal Impact Statement Unbud eted, over $5,000
P ( 9 )
Attached
Not Applicable
❑
Attached
❑
Bonds (If applicable)
Not Applicable
Attached
Staff Report (If applicable)
Not Applicable
Commission, Board or Committee Report If applicable)
P ( PP )
Attached
Not Applicable
❑
Attached
ElFindin
Findings/Conditions for Approval and/or Denial
g pp
Not Applicable
EXPLAHATIOH FOR 6�iliWNG ATTACHMENTS
REVIEWED
RE NED
FORWARDED
Administrative Staff
J)
( )
Assistant City Administrator (Initial)
( )
)
Administrator Initial
L'
-City
City Clerk
( )
EXPLANATION FOR RETURN OF ITEM:
RCA Author: Sergeant Rob Warden