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Home My WebLink AboutCHP - California Highway Patrol - Westminster Area - 2011-11-07Council/Agency Meeting Held: /Z— % — Z Deferred/Continued to: )!�kApprov d ❑ Conditionally Approved ❑ Denied f �1ty Clerk40 Signatu Council Meeting Date: November 7, 2011 Depart m, ID Number: PD-11-020 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Kenneth W. Small, Chief of Police SUBJECT: Approve and authorize execution of a Memorandum Of Understanding (MOU) agreement between the City and the California%Highway Patrol (CHP)-Westminster Area authorizing the Police Department to handle traffic collision investigations on approximately 1990 feet of roadway in the area of Pacific Coast Highway and Warner Avenue Statement of Issue: Should the City of Huntington Beach enter into. an agreement with the California Highway Patrol -Westminster Area to handle traffic collision investigations on approximately 1990 feet of roadway in the area of Pacific Coast Highway and Warner Avenue? Financial Impact: None. Recommended Action: Motion to: Approve and authorize the Mayor and City Clerk to execute the "Memorandum Of Understanding Between The City of Huntington Beach and The California Highway Patrol - Westminster Area" regarding traffic collision investigations in the area of Pacific Coast Highway and Warner Avenue. Alternative Action(s): Do not approve the agreement and direct staff accordingly. HB -131- Item 6. - I REQUEST FOR COUNCIL ACTION MEETING DATE: 11/7/2011 DEPARTMENT ID NUMBER: PD 11-020 Analysis: On August 29, 2011, the Huntington Beach Police Department (HBPD) began providing law enforcement services to Sunset Beach as part of the annexation agreement. This resulted in HBPD assuming responsibility for most traffic collision investigations for areas of Pacific Coast Highway (PCH) and Warner Avenue that had been handled by the California Highway Patrol (CHP) - Westminster Area. A small portion of PCH and Warner Avenue remains within the jurisdiction of the County of Orange. The CHP is responsible for traffic collision investigations on this part of the roadway, which covers approximately 1600 feet of all lanes of PCH, south of Warner and 390 feet of the eastbound lanes of Warner Avenue west of PCH. Refer to the attached parcel map for details. HBPD will be the first responder to collisions in this area, and will then request the services of the CHP. There will be extended response times and the potential for traffic delays while officers wait for the CHP. In an effort to provide efficient and quality law enforcement service to the community, HBPD has contacted officials at the CHP- Westminster Area office and discussed this issue. The long range City plans include considering the future annexation of this parcel. The CHP and HBPD agree it is in the best interest of all parties to have HBPD handle all traffic collision investigations. The CHP has reviewed and approved the terms outlined in the attached Memorandum of Understanding (MOU). All other criminal investigations in this area will continue to be handled according the existing agreements between HBPD and the Orange County Sheriff. There will be no significant increase in the workload demand or financial impact on the Police Department. It is recommended the Memorandum of Understanding be approved. Environmental Status: N/A Strategic Plan Goal: Maintain and Enhance Public Safety Attachment(s): Item 6. - 2 HB -132- i - - - - - - - �� - � � - -- �,- _� ___ - - i. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND THE CALIFORNIA HIGHWAY PATROL WESTMINSTER AREA This Memorandum of Understanding ("MOU") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California ("City") and the California Highway Patrol ("CHP"), Westminster Area. The City and the CHP perform traffic collision investigations within their specific jurisdictions. The City has recently annexed the area commonly known as and referred to as Sunset Beach in the County of Orange, State of California, and in doing so has assumed responsibility from the CHP — Westminster Area for investigating traffic collisions in Sunset Beach. The parties to this Agreement have recently discovered a small portion of land at Warner Avenue and Pacific Coast Highway for which the CHP — Westminster Area is currently responsible for traffic collision investigations. The parties desire to more efficiently and effectively use their limited resources to perform traffic collision investigation. The City is prepared to assume and the CHP — Westminster Area is prepared to relinquish responsibility to perform traffic collision investigations in that limited portion of land at Warner Avenue and Pacific Coast Highway. NOW, THEREFORE, for and in consideration of the promises and covenants hereinafter contained and intending to be legally bound, the parties covenant and agree as follows: 11-3058/70202 Page I of 4 Ill-rl'i► ll This MOU will become effective on the date it is approved by the City Council of the City and shall terminate ten (10) years thereafter. Upon mutual written consent of the parties, this Agreement may be extended for one additional ten (10) year term. Either party may terminate this MOU upon thirty (30) days advance written notice to the other parry. 2. OBLIGATIONS OF CITY The City shall assume, and the CHP shall relinquish, responsibility to perform traffic collision investigations in that limited portion of Warner Avenue and Pacific Coast Highway shown and depicted in the attached exhibits. It is the intention of the City to consider annexation of this limited portion of Warner Avenue and Pacific Coast Highway at an undetermined time in the future. 3. NOTICE Any written notice, given under the terms of this MOU, shall be either delivered personally or mailed, certified mail, postage prepaid, addressed to the party concerned, as follows: CITY: Huntington Beach Police Department 2000 Main Street P. O. Box 190 Huntington Beach, CA 92648 4. ATTORNEY' S FEES CALIFORNIA HIGHWAY PATROL: Westminster Area 13200 Goldenwest Street Westminster, CA 92683 In the event of any litigation to enforce the terms and revisions of this MOU, each party shall bear its own costs and attorney's fees. The prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 11-3058/70202 Page 2 of 4 5. CONTROLLING LAW AND VENUE The rights and liabilities of the parties, and the interpretation and construction of this MOU, shall be determined in accordance with the laws of the State of California. Any controversy arising out of or under this MOU, if litigated, shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 6. MOU IN WRITING This MOU contains and embraces the entire Agreement between the parties hereto and neither it nor any part of it may be changed, altered, modified, limited or extended orally or by and other agreement between the parties unless such agreement be expressed in writing, signed and acknowledged by the City and the CHP — Westminster Area. 7. MOU IN COUNTERPARTS This MOU may be executed in counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same document. F.NTTR FTY The foregoing sets forth the entire Agreement between the parties. 11-3058/70202 Page 3 of 4 IN WITNESS WHEREOF, the parties hereto have caused this MOU to be executed by and through their authorized officers on 07, 20//. CALIFORNIA HIGHWAY PATROL CITY OF HUNTINGTON BEACH, Westminster Area a California municipal corporation ;r Oman er APPROVED AS TO FORM: City Attorney pW to itki 't INITIATED AND APPROVED: Chief of Police 11-3058/70202 Page 4 of 4 lC?-lc-// Item 6. - 8 HB -138- City Of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 * www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk November 14, 2011 California Highway Patrol Westminster Area 13200 Goldenwest Street Westminster, CA 92683 To Whom It May Concern: Enclosed for your records is a copy the "Memorandum of Understanding Between the City of Huntington Beach and the California Highway Patrol Westminster Area." Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure: Agreement G:fo11owup:agrmt1tr Sister Cities: Anjo, Japan ® Waitakere, New Zealand