Loading...
HomeMy WebLinkAboutCounty of Orange - Orange County Sheriff-Coroner - 2008-08-18Council/Agency Meeting Held: D� Deferred/Continued to: �j Approved ❑ Conditionally Approved ❑ Denied City erk s ignat r Council Meeting Date: 8/18/2008 Department ID Number: PD-08-009 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMB R1. SUBMITTED BY: PAUL EMERY, ACTING CITY ADMINISTRATOR �r PREPARED BY: KENNETH W. SMALL, CHIEF OF POLICE SUBJECT: Memorandum Of Understanding Among The County of Orange, The Orange County Sheriff -Coroner And The City of Huntington Beach for Sharing Law Enforcement Responsibilities Along the Santa Ana River And The Bolsa Chica Wetlands Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The Orange County Sheriff's Department proposes to grant consent for Huntington Beach police officers to share law enforcement responsibilities in the unincorporated west bank of the Santa Ana River and the majority of the Bolsa Chica Wetland. This Memorandum of Understanding (MOU) grants the necessary consent under Penal Code Section 830.1(a)(2) for Huntington Beach police officers to exercise peace officer powers in the those areas. It also permits the Orange County District Attorney's Office to prosecute those offenses acted on by the Huntington Beach officers. Funding Source: The current Police Department budget will accommodate the possible response to incidents. Recommended Action: Motion to: Approve and adopt the Memorandum Of Understanding Among The County of Orange, The Orange County Sheriff -Coroner and The City of Huntington Beach for Sharing Law Enforcement Responsibilities Along the Santa Ana River and the Bolsa Chica Wetlands. Alternative Action(s): Do not approve the Memorandum Of Understanding Among The County of Orange, The Orange County Sheriff -Coroner and The City of Huntington Beach for Sharing Law Enforcement Responsibilities Along the Santa Ana River and the Bolsa Chica Wetlands. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 8/18/2008 DEPARTMENT ID NUMBED: PD-08-009 Analysis: The west bank of the Santa River and the majority of the Bolsa Chica Wetlands are areas not incorporated in the City of Huntington Beach and are the responsibility of the Orange County Sheriff's Department for law enforcement services. These areas are separated from the regular patrol area of deputies and are generally visited only when calls for service are requested. When incidents occur in these areas the calls for service usually go to the Huntington Beach Police Department's Communications Center and Huntington Beach police officers respond. Most of the time residents of Huntington Beach are affected by the illegal behavior. At present, Huntington Beach Police Department officers lack the authority to enforce Orange County ordinances, such as drinking alcohol in public and illegal camping. The west bank of the Santa Ana River is contiguous with the eastern boundaries of the City of Huntington Beach. The west bank contains a bicycle path and pedestrian walking area that is maintained by the Orange County Parks and Recreation Department. Occasionally, incidents occur that require the response of law enforcement officers in this area. The Orange County Sheriff's Department (OCSD) is responsible for law enforcement in this area. The Bolsa Chica Wetlands are bordered between PCH (on the south), Seapoint (on the east), Warner (on the west) and the south City boundaries west of Edwards. The wetlands area contains portions of territory already under the authority of the Huntington Beach Police Department (HBPD). This entire area is completely surrounded by areas patrolled by HBPD. The HBPD will occasionally receive calls for service in these areas because residents observe illegal activity and believe that the area is within the HBPD jurisdiction. The HBPD requires that officers respond to investigate the circumstances involved and the proper law enforcement jurisdiction. When these incidents are determined to be the responsibility of the OCSD, there is usually a significant delay in their response because these areas are quite a distance from the other areas that are patrolled by the OCSD deputies. At present, HBPD officers lack the authority to enforce County of Orange ordinances such as illegal consumption of alcoholic beverages and illegal camping, which are the root of a number of police problems in these areas. This proposed MOU would close the gap in our law enforcement services to the surrounding Huntington Beach residents. This MOU would mirror an MOU already in place between the Orange County Sheriff's Department and the Huntington Beach Police Department that governs Orange County Flood Control channels that are located within the boundaries of the City of Huntington Beach (August 1, 2000). Strategic Plan Goal: Provide quality public services with the highest professional standards to meet community expectations and needs, assuring that the city is sufficiently staffed and equipped overall. Environmental Status: None. -2- 7/23/2008 11:21 AM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 8/18/2008 DEPARTMENT ID NUMBER: PD-08-009 Aftachrment(s): 1. Memorandum of Understanding Among The County of Orange, The Orange County Sheriff -Coroner and The City of Huntington Beach for Sharing Law Enforcement Responsibilities Along The Santa Ana River And The Bolsa Chica Wetlands. -3- 7/21/2008 3:17 PM ATTACHMENT #1 ORANGE COUNTY HOARD OF SUPERVISORS MINUTE ORDER November 18, 2008 .tiyhmitiiqg ,9ge1rciLIDjmwtrr ew: S1icriff Coroner Approve Memorandum of Understanding with 1-1untington Beach for sharing law cnforccment responsibilities alortg Santa Ana River and Bolsa Cliica Wetlands; and autliorize Chair and Sheriff -Coroner to execute Memorandum of Understanding - District 2 The following is action taken by the Board of Supervisors: APPROVED AS RECOMMENDED 91 OTl-IER L Unanimous 0 (1) NGUYEN: Y (2) MOORLACI-i: Y (3) CAMPBELL: Y (4) NORBY: V (5) BATES: Y Vote KeY: )'-Yes; iV'=ATo; A- .I bslnim mil'=Excused; B4O. =Board Ontel. l)ocuntents accompanying.this matter: 0 itesolutiott(s) 0 Ordutances(s) cwcontract(s) Item No. 9 Special Notes: Col)ics sent to; f trill=Coroner/ Katha, DoLlglas CEO /r�l�f' I certify that the foregoing is a trot and correct copy of the Minute Order adopted by the Board of'Supervisors , Orange County, State of California. DARLEN) 1. BLOOM, Clerk ofthe Board Deputy Agenda Item ° ENDA. STAFF REPORT 2008 NOV -6 PM 2: 15 MEETING DATE: :i R n N E C (A;; a T Y LEGAL ENTITY TAILING ACTION: BOARD OF SUPERVISORS DISTRICT(S): SUBbUTTING AGENCY/DEPARTMENT: DEPARTMENT CONTACT PERSON(S): SUBJECT: MOU with City of Huntington Beach ASR Control 08-002,,2II58 �U`f 11/18/08 Board of Supervisors 2 Sheriff -Coroner (Approved) Asst. Sheriff Michael R. Hillmann (714) 647-1802 Captain Christine Murray (714) 647-1851 CEO CONCUR COUM COUNSEL REvIEw CLERK OF THE BOARD Concur Approved Agreement to Form Consent Calendar 3 votes Board Majority Budgeted: N/A Current Year Cost: N/A Staffing Impact: No # of Positions: Current Fiscal Year Revenue: N/A Funding Source: N/A Prior Board Action: N/A Annual Cost: N/A Sole Source: N/A RECOMMENDED ACTION(S) Approve and authorize the Chair and the Sheriff -Coroner to execute, on behalf of the County of Orange, the Memorandum of Understanding among the County of Orange, the Orange County Sheriff -Coroner and the City of Huntington Beach for Sharing Law Enforcement Responsibilities along the Santa Ana River and the Bolsa Chica Wetlands. �1113 Z "; III The Sheriff -Coroner requests approval of a Memorandum of Understanding with City of Huntington Beach regarding sharing law enforcement responsibilities along the Santa Ana River and the Bolsa Chica Wetlands. BACKGROUND INFORMATION: The Sheriff -Coroner is responsible for law enforcement in the unincorporated areas' of the County, including the Santa Ana River and the Bolsa Chica wetlands. The portion of the Santa Ana River adjacent to the City of Huntington Beach and the Bolsa Chica wetlands, which are partially surrounded by the City of Huntington Beach, are geographically separated from the Sheriff -Coroner's regular patrol areas. When a problem arises along the Santa Ana River near Huntington Beach or within the Bolsa Page 1 Chica wetlands, Huntington Beach residents routinely call the Huntington Beach Police Department. Although Huntington Beach police officers respond to the calls pursuant to an exisitng mutual aid agreement, they do not currently have the power to enforce the Orange County Codified Ordinances. The proposed Memorandum of Understanding would allow City police officers to exercise the authority of peace officers in the subject areas and to enforce the general laws of the State of California and the Orange County Codified Ordinances in those areas. FINANCIAL. IMPACT: There is no cost to the County resulting from this Memorandum of Understanding. STAFFING IMPACT: N/A ATTACNT(S): Memorandum of Understanding Page 2 ME MEMORANDUM OF UNDERSTANDING AMONG THE COUNTY OF ORANGE, THE ORANGE COUNTY SHERIFF -CORONER AND THE CITY OF HUNTINGTON BEACH FOR SHARING LAW ENFORCEMENT RESPONSIBILITIES ALONG THE SANTA ANA RIVER AND THE BOLSA CHICA WETLANDS This Memorandum of Understanding ("MOU") is entered into this first day of April, 2008, which date is enumerated for purposes of reference only, by and among the County of Orange ("County"), the Orange County Sheriff -Coroner ("Sheriff'), and the City of Huntington Beach ("City'). The Sheriff is responsible for general law enforcement within the County, including areas along the Santa Ana River and the Bolsa Chica Wetlands, specifically, the west bank of the Santa Ana River where it adjoins the eastern boundary of the City of Huntington Beach from Adams Avenue south to the Pacific Ocean, and the Wetlands area bordered by Pacific Coast Highway on the south; Warner Avenue on the west, Sea Point on the east, and the City of Huntington Beach residential areas on the north, as identified on the map attached hereto as Exhibit "A' and incorporated herein by reference (hereinafter referred to as "the Subject Areas"). The Subject Areas are within the County's jurisdiction; however, they are separated from other, regular areas of Sheriff s patrol, making it more difficult for Sheriff's personnel to frequently patrol the Subject Areas. The City is regularly called by its residents when a problem arises in the Subject Areas. The Huntington Beach Police Department responds to these calls, but these officers presently do not have the power to enforce the Orange County Codified Ordinances in the Subject Areas. The Sheriff has the exclusive authority under Penal Code section 830.1, subdivision (a)(2) to give her consent to any City police officer to exercise the authority of peace officers in any place within the County. THEREFORE, pursuant to the authority set forth in California Government Code sections 54981 and 55632, and the Sheriff's authority under California Penal Code section 830.1(a)(2), the parties agree as follows: 1. The Sheriff consents to allow all police officers employed by the City to exercise the authority of peace officers in the Subject Areas. 2. The Police Department of the City may enforce the general laws of the State of California and the Orange County Codified Ordinances, as currently exist or may be amended or adopted, in the Subject Areas; 3. Any prosecutions of violations cited by the City's Police Department in the Subject Areas will be by the Orange County District Attorney's Office. 4. The City agrees that it will not receive and will not seek compensation from the County or the Sheriff for the enforcement of the general laws of the State of California and the Orange County Codified Ordinances in the Subject Areas. 5. The City agrees to release, defend with counsel approved. by the County and hold harmless the County and the Sheriff for any and all liability, claims, or causes of action, including but not limited to those for property damage or personal injury, arising from, or related to, law enibi-cement by the City Police Department in the Subject Areas. G. This MOU may be terminated at any time by any party upon written notice to all other parties. Nothing in this MOU is to be construed as conflicting with existing laws and prescribed responsibilities applicable to the respective parties hereto. COUNTY OF ORANGE Dated: �' By: Chairman of the Board of Supervise s Signed and certified that a copy of this document has been delivered to the Chair of tile. Board per G.C. Sec. 25103), Reso 79-1535 Attest: 1j Dated: Darlene j. Bloom Clerk of the Board of Supervisors Orange County, California Dated: —/D L © By: A`/ `Sandra Elutcl, , Shcrif -Coroner Orange Coun .' Sheriff=Coroner APPPROVED AS TO FORM: County Counsel Orange County, California Deputy Dated: August 19, 2008 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor, Debbie Cook ATTEST: Cit lerk, oan Flynn APPROVED AS TO FORM: Ftyo ey, Jennifer Mc A Y s • OTS RECOMMENDED FOR APPROVAL: Kenneth W. Small Chief of Police Exhibit "A" r_ 6u�hard. x rttev�lns� — , ! h?ev. and N�tk m Park - lrraidiow - — ?esa - = r Park _ Estar xa . " Verde Nara i __ EE J,— Park I Adams Ave, Adams Ave m Ada Ave rrrs Ave6Lve _ 3 — - _ _ — u anager I L_ i — i _ T' - _ Pit_k i- =-' i �JQ66'C'5-`�`vs-�-A'A_-w�-.- 'Park __ - - -* �, r O - b-_ 3`sC?S�ned iv�$bc MI COW -_Bt ke Fark -.,.R _ I �" Ni k a� � b _ ` ic M. F _ tdJSi .r * 5t_ — S I i {M, — =r Cnsssmtr€ ty �aalbert Mad Park= ' — EdV. Lj _ - — - ' Vrctvri�s SE — Park { to Fark> - = 9 _ fieffl t<o Ave Hamilton 1 r�alber3�i�eg Re..i A Park Ukr tt� Pirk n, - 'T art �`� $eaIFY rack tl�agimiai Fark =' ' Eader Par t {nw Para � h 7tiu+ttir;giv�im- —_ sStats SEac, h- --- _ __- - . _ :`> r Santa 4naroer - � i the Santa Ana River and the Bolsa Chica Wetlands, specifically, the west bank of the Santa Ana River where it adjoins the eastern boundary of the City of Huntington Beach from Adams Avenue south to the Pacific Ocean, Exhibit "A" .��/ �}S (�4./-� COA) n'l4..e�/C-4-i7d1J l T-- "...the Bolsa Chica Wetlands, specifically, the west bank of the Santa Ana River where it adjoins the eastern boundary of the City of Huntington Beach from Adams Avenue south to the Pacific Ocean, and the Wetlands area bordered by Pacific Coast Highway on the south; Warner Avenue on the west, Sea Point on the east, and the City of Huntington Beach residential areas on the north (hereinafter collectively referred to as "the Subject Areas")." INITIATING DEPARTMENT: Police Department SUBJECT: Memorandum of Understanding Among The County of Orange, The Orange County Sheriff -Coroner and The City of Huntington Beach for Sharing Law Enforcement Responsibilities Along the Santa Ana River And The Bolsa Chica Wetlands COUNCIL MEETING DATE: August 18, 2008 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 (Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION- FOR MISSING, ATTACHMENTS:, REVIEWED RETORNED`� � FORWARDED Administrative Staff ) ( ) Deputy City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) ( p ) City Clerk EXPLANATIION FOR RETURN OF ITEM: WE (Below tjr Space; For CClerk's Use Only) — _ Esparza, Patty From: Sent: To: Cc: Subject: FYI Pat Dapkus (714) 536-5579 (714) 536-5233 (FAX) Dapkus, Pat Monday, August 18, 2008 9:11 AM Emery, Paul; Small, Ken City Clerk Agenda FW: further clarification needed re 08/18/08 consent item #19 (SAR/Bolsa Chica law enforcement) P Save A Tree - please don't print this unless you really need to. -----Original Message ----- From: Mark Bixby [mailto:mark@bixby.org] Sent: Saturday, August 16, 2008 7:28 AM To: CITY COUNCIL Subject: further clarification needed re 08/18/08 consent item 419 (SAR/Bolsa Chica law enforcement) Hi HB City Council, Please pull the Santa Ana River / Bolsa Chica law enforcement item from the 08/18/08 consent calendar for further discussion and clarification. The map on p.19-12 of the agenda attachment is drawn too vaguely to determine if the MOU includes or excludes the Goodell property which as far as I know is still in county territory. The Goodell property is rectangular in shape, yet the MOU boundary line cuts through the Goodell area in a diagonal manner which obviously does not follow any of the Goodell property lines. Other than further clarification being needed regarding Goodell, I fully support the agenda item.. mark@bixby.org Remainder of .sig suppressed to conserve expensive California electrons... K11 do r - b�� 1 CITY OF HUNTINGTON BEACH Police Department Interoffice Communication TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS FROM: CAPTAIN CHUCK THOMAS ACTING CHIEF OF POLICE DATE: AUGUST 18, 2008 SUBJECT: REQUEST FOR COUNCIL ACTION ITEM 919 LATE COMMUNICATION The purpose of this memorandum is to provide a clarifying map regarding City Council Agenda Item 19. The attached map will replace the originally submitted map on page 19- 12 for the City council Agenda for August 18, 2008 meeting. This map will further define the Bolsa Chica area under consideration. CT/grs Encl c: Joan Flynn, City Clerk