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HomeMy WebLinkAboutOC SHERIFF-CORONER - 1999-05-17CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION nUNTiMcrON KA01 TO: WATCH COMMANDERS J FROM: don ARNOLD, Captain Uniform Division Commander DATE: July 25, 2002 (REVISED 7131/02) SUBJECT: HBPD RESPONSE TO INCIDENTS ON ORANGE COUNTY FLOOD CONTROL PROPERTY In August of 2000, the Cities of Orange, Santa Ana and Huntington Beach approved an MOU with the County of Orange to "accept non-exclusive law enforcement responsibility" over property owned by the Orange County Flood Control District located within the cities jurisdiction. The intent of the MOLT was to assist the flood control district in removing transient camps from the flood control property. The MOU specifically identified bike trails, flood control channels, retention basins and river channels. Based on the MOU and it's original intent we should respond as follows: • Flood Control Property inside our city limits; flood control channels, retention basins, etc. Respond to all calls for service and handle as required • Santa Ana River outside our city limits (beyond the fence line at base of the river trail); respond to calls from Orange County Flood Control District employees as an "agency assist" to standby while they remove transients. HBPD officers will not be removing property or persons. No general law enforcement will be handled • If our officers discover crimes related or unrelated to the original agency assist call occurring outside our city limits they shall contact the Orange County Sheriff to respond. The Orange County Sheriff maintains a copy of this MOU in the Watch Commander's office as a reference for jurisdictional issues. If the Orange County Communications staff does not dispatch a unit, the watch commander may be contacted to facilitate the response. Please call (714) 628- 7170 or 628-7171 to speak with the sheriff's watch commander. Please refer to the attached MOU for Law Enforcement on OCFCD Properties. ]A: WCP Vicki L. Wilson, Di"aor 0 300 N- F'ro•aw Street COUNTY OF ORAAWEN-��;�;;t A"---r, Saat=.�,�Ck a 0t _ : r ! C P_O. Sox 4048 U � ` ' ^ anta Ana, 2-02-t048 �tiV PUBLIC FACILITIES RESOURCES DEPART.i�IE. re)ePhonr. (, rah 507-6300- L 1170 '00 U 21 9 Fax: (; l 4) 567-63-0 August 16, 2000 Ronald D. Lowenberg Chief of Police City of Huntington Beach 2000 Main Street P. 0. Box 70 Huntington Beach, CA 92648 Subject: MOU for Law Enforcement on OCFCD Properties Dear Mr. Lowenberg: Enclosed for your file is an executed copy of the Memorandum of Understanding pertaining to responsibility for general law enforcement within the County of Orange and property owned by the Orange County Flood Control District. We appreciate your participation and cooperation in executing this MOU. The Board of Supervisors has delegated authority to the Director, PFRD to add additional parties to the MOU. Please refer cities that may contact you and express an interest in participating to John Harris (714) 567-6269 or Carol Graeber (714) 567-6232. Respectfully, Bill H. Tidwell, Manager PFRDIOperations and Maintenance CG_as(0228) S.C&M FclderslClencaAASICGraeberAL-MOU Law Enforcement of OCFCD doc cc: J. G. Harris ORANGE COUNTY BOARD OF SUPERVISORS Acting as the Orange County Flood Control District MINUTE ORDER August 01. 2000 Stibmttring A¢er ,ilDenarrmenr__ Orange County Flood Control Distnct Approve Memorandum of Understanding A-1999-05S with Sheri ff.'Corcrier and Cities of Orange. Santa Ana and Huntin;ton Beach to provide general law entorcement services: authorize Director to add additional parties under the same terms and conditions, and make California Environmental Quality Act findings - All Distncts The following is action taken by the Board of Supervisors: APPROVED AS RECOMMENDED ® OTHER Cl Unanimous ® (1) SMITH: Y (2) SILVA- Y (3) SPITZER- Y t =1 COAD: Y (5) WILSON- Y Vote Key: Y= Yes, N=ivo: A-,,lbsratn, X=Excused: B.0-=Board Order Documents accompanying this matter: ❑ Resolution(s) ❑ Ordinances(s) fLContract(s) Item No 46 Special Notes - Copies sent to P/'yoo - " F I certify that the foregoing is awe and correct copy of the Minute Order adopted by the Board of Supervisors, Acting as the Orange County Flood Control District, Orange County, State of Caltfornia- DARL.ENE J_ BLOOM, Clerk of the Board � RECEIVEI) AUG" It Z00�i Dcputy AGENCY IC USE AGENDA ITEM TRANSMITTAL IG CEO REVIEW CONSENT Concur 4�T O � CISCUSSrON r ^ U / —41 J• L ❑ Oa Not Concur ycfpo PUBL:C :YE.L'iING l y TO. BOARD OF Slb R v [50R5 COUiv-f'Y OF ORS GEC , - FROM: Public Facwiles and Resources Department F1LE: MEE August 1, 2000 SUMMARY OF REGL T1CN 5111 H. Tidwell Carol Graeber CLERK USE CNLY )-! (4 ! SUBJECT Approval of Memorandum of Understanding Amongst The County of Orange Sheriff/Coroner and the Cities of Orange, Santa Ana and Huntington Beach. for agenda) 714-567-6230 714-567-6222 I SL;W DIST. All ! Public Facilities and Resources Department requests approval of Memorandum of Understanding (MOU) Number A-;99g- ! 053 amongst the County of Orange Sheriff/Coroner and the Cities of Orange. Santa Ana and Huntington Beach to provide general law enforcement upon property owned or maintained by the Orange County Flood Control District. ACOmONAL DATA The Shenff]Coroner is currently responsible for general law enforcement upon property owned by the Orange County Flood I Control District (District) The Police Departments of the Cities are responsible for general law enforcement within the + boundanes of their respective Cities. Property owned or maintaine- by the District Pies within the boundaries of the Mies. I many cases, the Shenff/Coroner and the police departments of the cities share concurrent jurisdiction over District property, ThePolice Departments of the Cities shall accept non-exclusive law enforcement responsibility over District property lying within the respective boundaries of the Cities including but not limited to bike trails, flood control Channels, retarding basins and river cliannels. The Sheriff -Coroner agrees with this concurrent jurisdiction. I j (continue(J) II PRSJICUS RELEVANT 5CARD ACTIONS CN THIS SPECIFIC ITEM. I j None C; ST I ANNUAL C05T I BUDGET-- ❑ Y-S I L N0 NIA 7 WILL NO IF YE -a- STATE NUMBER PERMANENT LIMITED TERM RECOMMENDED $0-00 1 N/A YES U NEW n`hA OR EXCEP-1110N Acting as the Board of Supervisors for the Orange County Flood Controf District t Find that the proposed project is Categorically Exempt (Class 1) from the provisions of CEQA. 2_ Authorize the Chairman to execute Memorandum of Understanding Number A-1999-058 with the County of Orange ! Sheriff/Coroner and the Cities of Orange, Santa Ana and Huntington Beach. I 3- Authorize the Director of Public Facilities and Resources Department to add additional parties to the Memorandum of Understanding upon the same terms and conditions. appece+ei County Counsel Original Memorandum of Understanding Number A-1Son 058 Bill H. Tidwell, Manager 6ATE Vida L Wilson, Director Operations and Maintenance JH-es(0193)S-NO&M Falder,%CIeneaNAS4 1T\AIT Agreement $nenff Coroner 00 doc • • A - 1999-058 MEMORANDUM OF UNDERSTANDING AMONGST ORANGE COUNTY SHERIFF -CORONER AlND CITIES OF HUNTINGTON BEACH ORANGE, SANTA Ati a, AtyAHEIII AND COSTA MESA This Memorandum of Understanding (".MOU") dated Y 1 1 i 2000, is by and amonest the Orange County Sheriff -Coroner ("Sheriff -Coroner") and t e Cities of Huntington Beac.1, Orange, Santa Ana, Anaheim and Costa iMfesa. (sometimes collective!y referred to herein as "Cities") The Sheriff -Coroner is responsible for gene: al law enforcement within the County of Orange ("County"), including upon flood control cl:anneis and other property owned or maintained by the Orange County Flood Control District ("District") lying within the boundaries of the County The Police Departments of the Cities are responsible for general law enforcement within tre boundaries of their respective Cities as derived from general laws and municipal charters. Property owned or maintained by the District ("District properra") lies within the boundaries of the Cities. In many cases, the Shen-ff-Coroner and the Police Departments of the Cities share concurrent jurisdiction over District property. In furtherance of this concurrent jurisdiction, the Sheriff -Coroner and the Cities agree as follows: A. The Police Departments of the Cities shall accept non-exclusive Law Enforcement responsibility over District property lying within the respective boundaries of the Cities including but not limited to bike trails. flood control charnels, retention basins, and river channels B The Police Departments of the Cities gall enforce general taws, ordinances and regulations, including but not limited to those of the County, the District, and their respective Cities, as currently exists or may be amended or adopted, on District gropery C. Prosecutions of violations cited by C1I;eS' Police Departments shall be by the respective City Attorney's office. D All law enforcement signs and other such re,ulatory items to be placed on District properry shall first be submitted by the resoec:ive cirri to the Counrr's Director of Public Facilities and Resource Department or his designee (hereinafter "Director"). for approval prior to installation. E. The Cities agree that they shall not receive and shall not seek compensation from either the County, the District, or the Sheriff -Coroner, either separate:y or in combination, for the enforcement of laws by their respective Police Departments upon District properr; . F. The Cities acknowledge that the primary purpose of property owned or maintained by the District is flood control and they agree to release, defend with counsel approval by District, and hold harmless the County, District, and Shen ff-Coroner 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 enforcement or related functions by their respective Police Departments or the city personnel on District property. • Nothing in this MOU is to be construed as conflicting with existing laws, regulations, and prescribed responsibilities applicable to the respective parties hereto. Dated: 4 I Cc.' } Dated. Dated. APPROVED A.S TO FORIM LAURENCE ,M WATSON, COUNTY COUNSEL Denuv= ORANGE COUNTY FLOOD CONTROL DISTRICT a body corporate and politic Chairman of the Board of Super -visors SIG TED AND CERTIFIED THAT A COPY OF THIS AGREE'AENT HAS BEEN DELIVERED -0 THE CHAMMAN OF THE BOARD 47;'_ Darlene J. Bloom f Clerk of the Board of Supervisors of The Orange County Flood Controi Distrcge County, California T ONA, Sheriff -Coroner Orange Counry Sh—_-: f-Coroner E CITY OF HUNTENGTOIv BEACH. a municipal corporation of the State ot-' California ..:.�— yfavor ATTEST City Cleric I �i)/FS print name ITS (circle one) Secretary/Chief Financial Oficer!?,sst Secretary — Treasurer APPROVED AS TO FORM City : ttomev REVIEVIED AIND APPROVED: Cit ministrator i ATTEST: J- __-1 '_�_ :�� anice C_ Guy Clerk of the Councii APPROVED AS TO FORM: ,241 Hugh Halfor Assistant City Attorney r.PPROVED AS TO CONTENT= avid N. Ream City Manager RECOMMENDED FOR APPROVAL_ Paul M. Walters Chief of Police CITY OF SANTA ANA, a municipal corporation,of the State of California Miguel A. Pulido Mayor CITY OF ORANGE BY: ./ .. David L. Rudat or Joanne Coontz City yianager Mayor ATTEST (it mayor signs). Cassandra Cathcart, City Gerk DATE OF EXECUTION: aPpROVED AS TO FORME: Assistant �Ciry Attorney Date ATTEST: 4Y-v,�— -'z:�. /- --- e C. Guy Clerk of the Council rT APPROVED AS TO FORM: ylaaz Hugh Halfor ` Assistant City Attorney APPROVED AS TO CONTENT - avid N. Ream City Manager RECOMMENDED FOR APPROVAL: Paul M. Walters Chief of Police CITY OF SANTA ANA, a municipal corporation of the State of California J�~ Mi el A. Pulido Mayor ''MEMORANDUM OF UNDERSTANWNG AMONGST ORANGE COUNTY SHERIFF -CORONER AND CITIES OF HUNTINGTON BEACH ORANGE, SANTA ANA, ANAHEIM AND COSTA MESA This Memorandum of Understanding ("MOU") dated Mcl,,e1999, is by and amongst the Orange County Sheriff -Coroner ("Sheriff -Coroner") and the Cities of Huntington Beach, Orange, Santa Ana, Anaheim and Costa Mesa, (sometimes collectively referred to herein as "Cities"). The Sheriff -Coroner is responsible for general law enforcement within the County of Orange ("County"), including upon flood control channels and other property owned or maintained by the Orange County Flood Control District ("District") lying within the boundaries of the County. The Police Departments of the Cities are responsible for general law enforcement within the boundaries of their respective Cities as derives: from general lays and municipal charters. Property owned or maintained by the District ("District property") lies within the boundaries of the Cities. In many cases, the Sheriff -Coroner and the Police Departments of the Cities share concurrent jurisdiction over District property. In furtherance of this concurrent jurisdiction, the Sheriff -Coroner and the Cities agree as follows: A. The Police Departments of the Cities shall accept non-exclusive Law Enforcement responsibility over District propem lying within the respective boundaries of the Cities including but not limited to bike trails, flood control channels, retention basins, and river channels- B. The Police Departments of the Cities shall enforce general laws, ordinances and regulations, including but not limited to those of the County, the District, and their respective Cities, as currently exists or may be amended or adopted, on District property- C. Prosecutions of violations cited by Cities' Police Departments shall be by the respective City Attorney's office. D. All law enforcement signs and other such regulatory items to be placed on District property shall first be submitted by the respective city to the County's Director of Public Facilities and Resource Department or his designee (hereinafter "Director"), for approval prior to installation. E. The Cities agree that they shall not receive and shall not seek compensation from either the County, the District, or the Sheriff -Coroner, either separately or in combination, for the enforcement of laws by their respective Police Departments upon District property- F. The Cities acknowledge that the primary purpose of property owned or maintained by the District is flood control and they agree to release, defend with counsel approval by District, and hold harmless the County, District, and Sheriff -Coroner 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 enforcement or related functions by their respective Police Departments or the city personnel on District property. r Nothing in this MOU is to be construed as conflicting with`6kisting laws, regulations, and prescribed responsibilities applicable to the respective parties hereto. ORANGE COUNTY FLOOD CONTROL DISTRICT Dated: Dated: Dated: APPROVED AS TO FORM LAURENCE M. WATSON COUNTY COUNSEL By By: Chairman of the Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS AGREEMENT HAS BEEN DELIVERED TO HE CHAIRMAN OF THE BOARD I:A Darlene J. Bloom Clerk of the Board of Supervisors of The Orange County Flood Control District, Orange County, California By BRAD GATES, Sheriff -Coroner Orange County Sheriff -Coroner AS TO FORM:, DcY ,y City Attorney By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary — Treasurer REVIEWED AND APPROVED: City A inistrator CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ATTEST: City R APPROV AS TO FORM: 1 7Z �y City Attorney • • Nothing in this MOU is to be construed as conflicting with existing laws, regulations , and prescribed responsibilities applicable to the respective parties hereto. ORANGE COUNTY FLOOD CONTROL DISTRICT Dated: Dated: Dated- APPROVED AS TO FORM LAURENCE M_ WATSON COUNTY COUNSEL By By: Chairman of the Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS AGREEMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD BY - Darlene T Bloom Clerk of the Board of Supervisors of The Orange County Flood Control District, Orange County, California I By. MIC NA, Sheriff -Coroner Orange County Sheriff -Coroner �.- "ITY OF HUNTINGTON BEACr " MEETING DATE: 5-17-99 DEPARTMENT ID NUMBER: PD99-009 CounciUAgency Meeting Held: Deferred/Continued to: proved ❑ Conditionally Approved ❑ Denied _ -0 -j I-Ikznlun AWS tiT- City Clerk's Signature Council Meeting Date: 5-17-99 Department ID Number: PD99-009 _y CITY OF HUNTINGTON BEACH REQUEST FOR ACTION 93 x x SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS A z C1C� SUBMITTED BY: RAY SILVER, City Administrator rri rn PREPARED BY: R. E. LOWENBERG, Chief of Police n xC� SUBJECT: MEMORANDUM OF UNDERSTANDCBEEN THE q@AVE COUNTY SHERIFF -CORONER AND THE CITY OF HUNTINGTON BEACH Statement of Issue, Funding Source, Recommended Action, Alternative Acfion(s), Analysis, Environmental Status, Attachmen Statement of Issue: Currently the City of Huntington Beach has no authority to enforce its municipal code sections in the flood control channels within the city. This MOU would allow police, officers, and others, to enforce municipal code violations they observe in these flood control channels. Funding Source: NIA Recommended Action: Approve this M.O.U. Alternative Action(s): Do not approve this M. 0. U. Analysis: On numerous occasions, police officers on routine patrol observe municipal code violations in the county flood control channels within city boundaries. Currently, we have no authority to enforce these violations. This M.O.U. would allow us to take action, as necessary, when these violations are observed. Environmental Status: None Attachment(s): M.O.U. RCA MEMO OF UNDERSTANDING (poe) 05/04/99 10:36 AM f� `1 (12) 05/17199 - Council/Agency Agenda - Page 12 E. CONSENT CALENDAR All matters listed on the Consent Calendar are considered by the City Council and Redevelopment Agency to be routine and will be enacted by one motion in the form listed. Recommended Action. Approve all items on the Consent Calendar by affirmative roll call vote. E-1. (City Council/Redevelopment Agency) Minutes - Approve and adopt the minutes of the City CouncillRedevelopment Agency regular meeting of April 5, 1999 as written and on file in the Office of the City Clerk. Submitted by the City Clerk [Approved and adopted as corrected by 10-98 date on some of the headings of the pages listing findings -- 6-0-1 (Harman absent)] E-2. (City Council) Approve Low Bid for Asphalt Overlav of (61) Residential Streets - MSC 404 —All American Asphalt (600.90) —Accept the low bid of $719,334 submitted by All American Asphalt for the asphalt overlay of 61 residential streets and authorize a project budget of $801,267 to cover contract costs of $719,334, a Change Order budget of $71,933 and incidental expenditures not to exceed $10,000. Submitted by the_ Public Works Director [Approved 6-0-1 (Harman absent)] E-3. (City Council) AoDrove Three ADDointments to the Design Review Board — Doerschlag —Templeton — Shepard — (Accept Resignations of Jodi Rios & Jon Sommers (110.20) -- Appoint Kristin Doerschlag (at -large member) to complete the term of Jodi Rios, which will expire on December 31, 2002, Joan Templeton (alternate at -large member) to complete the term of Jon Sommers, which will expire on December 31, 2002, and Steven Shepard (alternate at -large member) to a first term on the Design Review Board which will expire on December 31, 2000 and accept resignations of Jodi Rios and Jon Sommers. Submitted by the Planning Director and recommended by Council liaison members Mavor Green and Councilmember Garofalo [Approved 6-0-1 (Harman absent)] E-4, (City Council) Approve Memorandum of Understanding Between the Orange County Sheriff -Coroner and the City of Huntington Beach to Enforce Municipal Code Sections in Flood Control Channels Within the City) (600.25) --1. Approve the Memorandum of Understanding amongst the Orange County Sheriff -Coroner and cities of Huntington Beach, Orange, Santa Ana, Anaheim and Costa Mesa and 2. Authorize execution by the Mayor and City Clerk Submitted by the Chief of Police \ [Approved 6-0-1 (Harman absent)] CITY OF HUNTINGTON BEACH 2000 MAIN STREET Darlene J. Bloom Clerk of the Board County Board of Supervisors 10 Civic Center Plaza, 4't' Floor Santa Ana, Califomia 92701 Dear Ms. Bloom, OFFICE OF THE CITY CLERK CONME BROCKWAY CRY CLERK June 27, 2000 CAL.IFORNIA 92648 Attached is a copy of an agreement between the City and County for Huntington Beach police officers and others to enforce municipal code violations on county flood control channels. The City Clerk's office would appreciate a fully executed copy of this agreement. (Clerk of the Board Signature and County Counsel signature) If you have any questions, please feel free to contact me at (714) 536-5404. Sincerely, Connie Brockway City Clerk Attachments: Memorandum of Understanding Copy of Huntington Beach staff report (RCA) (Tslephonr. 714-536-5227) • OFFICE OF THE CITY CLERK J� CITY OF HUNTINGTON BEACH ^� INTER -DEPARTMENT COMMUNICATION '��o ' HUNTINGTON BEACH - c- r" r\ ?li.'s l _GT'DN HA CH TO: Ray Silver, City Administrator Gail Hutton, City Attorney FROM: Janelle Case, Deputy City Clerks SUBJECT: Memorandum of Understanding Between The Orange County Sheriff -Coroner And The City Of Huntington Beach DATE: August 6, 1999 The above referenced memorandum was approved by the City Council on May 17, 1999. -' The County of Orange has informed us that they are unable to locate the original document in their records and without an original document & signature they will be unable to present this memorandum to the County Board of Supervisors for approval. The County has sent us another original for execution. Would you please sign on the appropriate signature line and return to me for processing to the County_ I have attached a copy of the approved RCA and the original agreement that accompanied the RCA on May 17, 1999 for your reference. Thank you for your help. Attachments G follomvup/je coroner IMENJORANDUNT OF UNDERSTANDING AMONGST ORANGE COUN"' SHERIFF -CORONER AND CITIES OF HUNTfNGTOti BEACH ORANGE, SANTA ANA, ANAHEIM AND COSTA I•JESA This Memorandum of Understanding (" MOU") dated _ 1999, is by and amongst the Orange County Sheriff -Coroner ("Sheriff -Coroner") and the Cities of Huntington Beach, Orange, Santa Ana, Anaheim and Costa Mesa. (sometimes collectively referred to herein as "Cities"). The Sheriff -Coroner is responsible for general law enforcement within the County of Orange ("County"), including upon flood control channels and other property owned or maintained by the Orange County Flood Control District ("District") lying within the boundaries of the County. The Police Departments of the Cities are responsible for general law enforcement within the boundaries of their respective Cities as derived from general laws and municipal charters Property owned or maintained by the District ("District property") lies within the boundaries of the Cities. In many cases, the Sheriff -Coroner and the Police Departments of the Cities share concurrent jurisdiction over District property_ In furtherance of this concurrent jurisdiction, the Sheriff -Coroner and the Cities agree as follows: A The Police Departments of the Cities shall accept non-exclusive Law Enforcement responsibility over District property lying within the respective boundaries of the Cities including but not limited to bike trails, flood control channels, retention basins, and river channels B. The Police Departments of the Cities shall enforce general laws, ordinances and regulations, including but not limited to those of the County. the District, and their respective Cities, as currently exists or may be amended or adopted, on District property_ C Prosecutions of violations cited by Cities' Police Departments shall be by the respective City Attomey's office. D All law enforcement signs and other such regulatory items to be placed on District property shall first be submitted by the respective city to the County's Director of Public Facilities and Resource Department or his designee (hereinafter "Director"), for approval prior to installation E The Cities agree that they shall not receive and shall not seek compensation from either the County, the District, or the Sheriff -Coroner, either separately or in combination, for the enforcement of laws by their respective Police Departments upon District property_ F The Cities acknowledge that the primary purpose of property owned or maintained by the District is flood control and they agree to release, defend with counsel approval by District, and hold harmless the County, District, and Sheriff -Coroner 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 enforcement or related functions by their respective Police Departments or the city personnel on District property_ Nothing in this MOU is to be construed as conflicting with existing laws, regulations , and prescribed responsibilities applicable to the respective parties hereto ORANGE COUNTY FLOOD CONTROL DISTRICT Dated: By: Chairman of the Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS AGREEMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Dated BY Dated: APPROVED AS TO FORM LAURENCE M- WATSON COUNTY COUNSEL By: Darlene J. Bloom Clerk of the Board of Supervisors of The Orange County Flood Control District, Orange County, California By- MIC _ ONA, Sheriff -Coroner Orange County Sheriff -Coroner Nothing in this MOU is to be construed as conflicting with existing Iaw-s, regulations. and prescribed responsibilities applicable to the respective parties hereto. Dated: Dated: Dated: OR-ANGE COUNTY FLOOD CONTROL DISTRICT Chairman of the Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS AGREEMENT HAS BEEN DELIVERED TO HE CHAIRMAN OF THE BOARD By Darlene J. Bloom Clerk of the Board of Supervisors of The Orange County Flood Control District, Orange County, California BRAD GATES, Sheriff -Coroner Orange County Sheriff -Coroner APPROVED AS TO FORM AL . :o FCP,m., LAURENCE M. WATSON r.; Tt, ;: -;: COUNTY COUNSEL r r By L { Iz yg De y- City Attorney • LJ A print name ITS (circle one) Secretary/Chief Financial Officer/Asst. Secretary -- Treasurer REVIEWED AND APPROVED City rninistrator CITY OF HUNTINGTON BEACH, municipal corporation of the State of California I il�—Iuznnn— Mayor ATTEST. -- 4�� 4 City Clerk tlel�77y� APPROVED AS TO FORM S City Attorney CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK CALIFORNIA 92648 LETTER OF TRANSN-IITTAL OF ITENI APPROVED BY THE CITI' COUNCIL/ REDEVELOPINIENT AGENCY OF THE CITY OF HUNTr�GTON BEACH DATE- MCZ TO. Q.On!� f- 0rf I)Zr Sys r-, �- �'or�r>ti� A7TENT1O1: M1Cfx:c/ S (�trc'/)a' Name /O-1 vGY DEPARTINIE\T_ Street S G,., ulna LA 5-2 7o REGARDLNG: City, State, Zip �- IC'�s�o�s1,6 /,fy See Attached Action Agenda Item �'SL Date of Approval A14y /7, / 579 `/ Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: G' , ee ,-,, e n f'. Connie Brockway City Clerk Ot iyr na,/ ✓ Attachments: Action Agenda Page Agreement Bonds Insurance RCA Deed Other CC: Zocue.-)befr PO/icy ✓ Name Depanivent RCA Ageezreai _ Insurance Other Name Departricnt RCA Arce nee Insurance Other Name Name ❑epartmert RCA Agrear. en: Depanmcnt Risk Management Dept_ RCA Age::i:n- Insurance Other lnsuran:e Other Insurance Received by lame - Company Name - Date Glollowup/coy erltr (Telephone: 714.536-5227 ) qEMORANDUM OF UNDERSTAONG AMONGST ORANGE COUNTY SHERIFF -CORONER AND CITIES OF HUNTINGTON BEACH ORANGE, SANTA ANA, ANAHEIM AND COSTA MESA This Memorandum of Understanding ("MOU") dated 1999, is by and amongst the Orange County Sheriff -Coroner ("Sheriff -Coroner") and the Cities of lluntington Beach, Orange, Santa Ana, Anaheim and Costa Mesa, (sometimes collectively referred to herein as "Cities"). The Sheriff -Coroner is responsible for general lair,- enforcement within the County of Orange ("County"), including upon flood control channels and other property owned or maintained by the Orange County Flood Control District ("District") lying within the boundaries of the County. The Police Departments of the Cities are responsible for general lace enforcement %vithin the boundaries of their respective Cities as derived from general laws and municipal charters_ Property owned or maintained by the District ("District property") lies within the boundaries of' the Cities. In many cases, the Sheriff -Coroner and the Police Departments of the Cities share concurrent jurisdiction over District property. In furtherance of this concurrent jurisdiction, the Sheriff -Coroner and the Cities agree as follows: A. The Police Departments of the Cities shall accept non-exclusive Law Enforcement responsibility over District property lying within the respective boundaries of the Cities including but not limited to bike trails, flood control channels, retention basins, and river channels. B. The Police Departments of the Cities shall enforce general laws, ordinances and regulations, including but not limited to those of the County, the District, and their respective Cities, as currently exists or may be amended or adopted, on District property. C. Prosecutions of violations cited by Cities' Police Departments shall be by the respective City Attorney's office. D. All law enforcement signs and other such regulatory items to be placed on District property shall first be submitted by the respective city to the County's Director of Public Facilities and Resource Department or his designee (hereinafter "Director"), for approval prior to installation. E. The Cities agree that they shall not receive and shall not seek compensation from either the County, the District, or the Sheriff -Coroner, either separately or in combination, for the enforcement of laws by their respective Police Departments upon District property. F. The Cities acknowledge that the primary purpose of property owned or maintained by the District is flood control and they agree to release, defend with counsel approval by District, and hold harmless the County, District, and Sheriff -Coroner 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 enforcement or related functions by their respective Police Departments or the city personnel on District property. Nothing in this MOU is to be construed as conflicting with existing laws, regulations , and prescribed responsibilities applicable to the respective parties hereto. Dated ORANGE COUNTY FLOOD CONTROL DISTRICT By Chairman of the Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS AGREEMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Dated- BY: Darlene J- Bloom Clerk of the Board of Supervisors of The Orange County Flood Control District, Orange County, California Dated= 1 By V) MIC NA, Sheriff -Coroner Orange County Sheriff -Coroner APPROVED AS TO FORM LAURENCE M. WATSON COUNTY COUNSEL By.- Nothingin this MOU is to be construed as conflicting with existing laws, regulations. and � S s, prescribed responsibilities applicable to the respective parties hereto. Dated: Dated: Dated: ORANGE COUNTY FLOOD CONTROL DISTRICT Bv: Chairman of the Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS AGREEMENT HAS BEEN DELIVERED TO HE CHAIRMAN OF THE BOARD LIM Darlene J. Bloom Clerk of the Board of Supervisors of The Orange Count' Flood Control District. Orange County, California BRAD GATES, Sheriff -Coroner Orange County Sheriff -Coroner APPROVED AS TO FORM .,-.: i.' ; `S TG FORM:. LAURENCEM. WATSON ; 71, ;•_�1-:,;�i COUNTY COUNSEL =.,1 V:'.a•LS De�C;ity ney y 6 print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary -- Treasurer REVIEWED AND APPROVED: Q=c City A ministrator CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California I s Mayor ATTEST: Clt} er l5`i5 APPROVED AS TO FORM: zy City Attorney (12) • 05/17199 - CouncillIgency Agenda - Page 12 E. CONSENT CALENDAR All matters listed on the Consent Calendar are considered by the City Council and Redevelopment Agency to be routine and will be enacted by one motion in the form listed Recommended Action- Approve all items on the Consent Calendar by affirmative roll call vote E-1. (City Council/Redevelopment Agency) Minutes - Approve and adopt the minutes of the City Council/Redevelopment Agency regular meeting of April 5, 1999 as written and on file in the Office of the City Clerk. Submitted by the City Clerk [Approved and adopted as corrected by 10-98 date on some of the headings of the pages listing findings -- 6-0-1 (Harman absent)] E-2. (City Council) Approve Low Bid for Asphalt Overlav of (611 Residential Streets - MSC 404 — All American Asphalt (600.90) —Accept the low bid of $719,334 submitted by All American Asphalt for the asphalt overlay of 61 residential streets and authorize a project budget of $801.267 to cover contract costs of $719,334, a Change Order budget of $71,933 and incidental expenditures not to exceed $10,000. Submitted by the Public Works Director [Approved 6-0-1 (Harman absent)] E-3. (City Council) Approve Three Appointments to the Design Review Board — Doerschlaa —Templeton — Shepard — (Accept Resignations of Jodi Rios & Jon Sommers (110.20) — Appoint Kristin Doerschlaq (at -large member) to complete the term of Jodi Rios, which will expire on December 31, 2002, Joan Templeton (alternate at -large member) to complete the term of Jon Sommers, which will expire on December 31, 2002, and Steven Shepard (alternate at -large member) to a first term on the Design Review Board which will expire on December 31, 2000 and accept resignations of Jodi Rios and Jon Sommers_ Submitted by the Planning Director and recommended by Council liaison members Mavor Green and Councilmember Garofalo [Approved 6-0-1 (Harman absent)] E-4. ' (City Council) Approve Memorandum of Understandina Between the Oranae Countv Sheriff -Coroner and the Citv of Huntinaton Beach to Enforce Municipal Code Sections in Flood Control Channels Within the City (600.25) —1. Approve the Memorandum of Understanding amongst the Orange County Sheriff -Coroner and cities of Huntington Beach, Orange, Santa Ana, Anaheim and Costa Mesa and 2. Authorize execution by the Mayor and City Clerk. Submitted by the Chief of Police [Approved 6-0-1 (Harman absent)] /_ 11TY OF HUNTINGTON BEAC MEETING DATE: 5-17-99 DEPARTMENT ID NUMBER: PD99-009 Council/Agency Meeting Held: Deferred/Continued to- P"A proved El Conditionally Approved Denied _ 2vice�u M-o -- &65 AJF City Clerk's Signature Council Meeting Date: 5-17-99 Department ID Number: PD99-009 CITY OF HUNTINGTON BEACH .y REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS =~ M SUBMITTED BY: RAY SILVER, City Administrates 1-c) ` � :`� � PREPARED BY: R_ E. LOWENBERG, Chief of Police 1. '"� c SUBJECT: MEMORANDUM OF UNDERSTANDIN B EN THE GRAN_ ,GE COUNTY SHERIFF -CORONER AND THE CITY OF HUNTINGTON BEACH Statement of Issue, Funding Source, Recommended Action, Alternative Actlort(s), Analysis, Environmental Status, Attachment Statement of Issue: Currently the City of Huntington Beach has no authority to enforce its municipal code sections in the flood control channels within the city. This MOU would allow police officers, and others, to enforce municipal code violations they observe in these flood control channels. Funding Source: NIA Recommended Action: Approve this M.O.U. Alternative Action(s): Do not approve this M. O. U_ Analysis: On numerous occasions, police officers on routine patrol observe municipal code violations in the county flood control channels within city boundaries. Currently, we have no authority to enforce these violations. This M.O_U. would allow us to take action, as necessary, when these violations are observed. Environmental Status: None Attachment(s): M.O.U_ RCA MEMO OF UNDERSTANDING (poe) -2- 05/04199 10:36 AM • REQUEST FOR ACTION • MEETING DATE: 5-17-99 RCA Author_ DEPARTMENT ID NUMBER: PD99-009 RCA MEMO OF UNDERSTANDING (poe) -3- 05/04/99 10:36 AM RCA ROUTING SHEET INITIATING DEPARTMENT: Police Department SUBJECT: MEMORANDUM OF UNDERSTANDING BETWEEN THE ORANGE COUNTY SHERIFF -CORONER AND THE CITY OF HUNTINGTON BEACH COUNCIL MEETING DATE: May 17, 1999 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attomey) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attomey) Not Applicable Certificates of Insurance (Approved by the City Attomey) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk { ) EXPLANATION FOR RETURN OF ITEM: