HomeMy WebLinkAboutReso 72-1985RESOLUTION NO~ 72-85
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING APPROVAL AND EXECUTION OF
JOINT POWERS AGREEMENT ESTABLISHING THE SAN MATEO
COUNTY NARCOTICS TASK FORCE
BE IT RESOLVED by the City Council of the City of South San Francisco that:
1. Approval of Agreememt.
The Agreement entitled "Joint Powers Agreement Establishing the San
Mateo County Narcotics Task Force" by and between the County of San Mateo and
the City of South San Francisco is hereby approved, and a copy of said Agreement
is attached hereto as Exhibit "1."
2. Execution of Agreement.
The Mayor is hereby authorized to execute said Agreement on behalf of
the City, and the City Clerk attest his signature thereto.
I hereby certify that the foregoing Resolution was regularly introduced and
adopted by the City Council of the City of South San Francisco at a regular
meeting held on the lOth day of April , 1985, by the following
vote:
AYES:
NOES:
ABSENT:
Councilmembers Mark N. Addiego, Emanuele N. Damonte,
Gus Nicolopulos; and Roberta Cerri Teglia
None
Councilmember Richard A. Haffey
City Clerk
EXHIBIT "l"
TO RESOLUTION NO. 72-85
JOINT POWERS AGREEMENT ESTABLISHING
THE SAN MATEO COUNTY NARCOTICS TASK FORCE
~ THIS AGREEMENT' by and between the COUNTY OF SAN MATEO
(hereinafter referred at to the "County") and those cities witb~.n
.the County o~ San Mateo who become signatories to this agreement
(hereinafter referred to as "the Cities" or "City" as t~e context
requires)~ is made in light of the following recitals:
Aw The County and' the Cities have authority to per~i~or~ Isw
enforcement functions in their respective communities and desire
to establish a Narcotics Task Force within the County of San
Mateo whereby the parties will assist one another in the'
detection~ apprehension and prosecution of drug-related criminal
activity and will engage in a coordinated add concentrated effort
to combat effectively drug trafficking in SaD Mateo County.
B. The parties are authorized to contract with eac?~ other
for the joint exercise of any common power pursuant to Government
Code Sections 6500 through 6518.
C.. The parties regularly employ and pay peace officers as
provided in Penal Code Section 830.1.
NOW~ THEREFORE,. the County and the Cities, in consideration
of the mutual promises and agreements contained herein,. AGREE AS
FOLLOWS:
1. Purpose. The parties are entering into this agreement
for the sole purpose of creating a Narcotics Task Force whereby
1
the parties will assist one another in the detection,
apprehension, and prosecution of drug-related criminal act~.vity,
and will engage in a coordinated and concentrated effort to
combat drug trafficking in San Mateo County°
2o Establishment of San Mateo County Narcotics Task
Force. The parties hereby create an agency or entity to be known
as the San Mateo County Narcotics Task Forc.e (hereinafter
referred to as ~"The Narcotics Task Force~}. 71he Narcotics Task
Force shall be an agen.cy or entity which is separate from the
parties to this agreement and shall be responsible for the
administration of this agreement. Except as provided herein, the
debts~ liabilities~ and obligations of the Narcotics Task Force
shall be the debts~ liabilities~ and obligations of the Agency
and not the debts~ liabilities, and/or obligations of the parties
to this agreement.
3. Term° This agreement shall be effective upon its
execution by the County and by at least fourteen (14) cities..
This agreement shall continue in effect until terminated as
provided herein~
4. Board of Directors. The Board of Directors of the San
Mateo County Narcotics Task Force shall consist of five
members: The Sheriff of San Mateo County, the District Attorney
of San Mateo County,-and three Chiefs of Police selected by the
San Mateo County Chiefs of Police Association. The three Chiefs
of Police will serve three-year terms~ except that the first
three Chiefs of Police selected by the Association shall serve
2
terms of one, two, and three years, respectively~ as determined
by the Association. The terms of the Board members will not
commence until this agreement becomes effective.
5~ 'Duties of Board of Directors~ The Board of Directors
responsible for the control~ directions and administration of the
San. Mateo County Narcotics Task Force~ 'The Board will:
(!) Plan, organizer and maintain the work of the
Narcotics Task Force and be responsible for its
oVerall operation~
(2) Advise the San Mateo County Chiefs of Police
Association of all significant activities of the
Narcotics Task Force.
(3) Recommend the expenditure of funds to purchase
evidence, information, and property necessary for
the Narcotics Task Force to accomplish its
objective within the limits of the annual budget of
the Narcotics Task Force.
(4) Approve the annual budget.of the Narcotics Task
Force subject to the provisions of Section 6.
(5) Appoint a Commander for the Narcotics Task Force
who will serve at the pleasure of the Board of
Directors.
(6) Direct the. preparation of one or more manuals for
the Narcotics Task Force.
(7) Monitor the Narcotics Task Force performance to
insure that the Narcotics Task Force operates in a
manner that best accomplishes its goals and
3
objectives as directed by the Board. of Directors.
6~ Budget. The Board annually shall prepare by July 1
each year an operating budget for the Narcotics Task Force
setting forth anticipated expenses, financing sources and
proposed service levels necessary to carry out the purposes of
this agreement.~' The fiscal year for the Narcotics Task
shall be from October 1 of each year to September' 30 of the
followin~ year unless the Board decides otherwise, except that
the first fiscal year shall be from July 1, 1985 to September 30,
1986~ Immediately after approving the annual budget, the Board
shall'recommend the budget to the governing'body of the CouDty
and each of the Cities for the purposes of securing from each
them contributions and/or appropriations in accordance with each
party's obligation as set forth in Section 7 below. It is
expressly agreed and understood~that the Board has no authority
to bind any governing board to make the recommended contribution
and/or appropriation an~ that this decision rests solely with
each ~overning body. Each party shall deposit its monetary
contribution to the budget with the County on or before October
of each fiscal year~
7~ Contribution of Parties In consideration of the mutual
promises contained herein, the parties agree that they shall make
the following annual contributions towards maintaining the
program of the Narcotics Task Force
(a) The County shall provide the full-time services of
eight (8) peace officers and one (i) clerical
employee. ~n addition, the County shall provide to
4
(b)
the Narcotics Task Force all equipment and fixed
assets currently allocated to the Sheriff's Special
investigations Unit, as listed in Appendix A. The
County will fUrther provide on a one-t~.me basis,
seven (7) additional Yehic~es~.
The Cities° financial obliga%~.on sI~ali b~ based on
the budget 'of the Narcotics Task Force as
established by t!~s Board and t~he numbe~ o~
participating cities. The Cit. ie$~ finaDcial
obligation shall be apportioned among the
participating cities in accordance with the
·
following formula:
(1) One-half o-f the Cities' share of the budget
apportioned by people units or population.
(i) Total population o~ all Cities divided
into one-half of the total of the Cktie$~
share of the budget equals a factor in
cents.
(ii) Population of each City times the factor
in cents equals the share for each City°
(2) 'I~e remaining one-half of the Cities' share of
the budget to be apportioned on the' basis of
assessed valuation as follows:
(i) Total assessed val~e of real and personal
property in all Cities divided into one-half
of the total of the Cities' share of the
budget equals a factor in mils.
(ii) Assessed value of real and persona].
property of each City times the factor in mils
equals the share for each City~
(c) For the purpose of this agreement, the total
assessed valuation of real and personal property in
~11 cities shall be the most recent such total
maintained by the County Assessor.
(d) The figures used for population in each City shall
be determined by a method and from a source
established by the Board of Directors~
(e) The obligations incurred by the County and the
Cities under this agreement will be incurred
annually.
(f) Cities may provide, with the'apProval of the Board,
all.or part of their annual financial contribution
by providing the full-time services of personnel.
The Board shall establish rules for determining the
monetary value of each such City contribution of
personnel. 'In no case'shall a City be entitled to
a refund if the value of personnel contributions
exceeds the City's annual financial
contribution.
8. Treasurer and Controller. The San Mateo County
Treasurer shall be the depositary and have custody of all'the
money and property of the Narcotics Task Force~ from whatever
source. The San Mateo County Controller shall perform the
functions of auditor or controller for the Narcotics Task
6
Force. The duties of the San Mateo County Treasurer and the San
Mateo County Controller shall be those set forth in Government
Code Section 6505 and Section 6505.5~
9. _S~_~riff as Property Custodian° The Sheriff is
designated as the officer having charge, o~ any'property of the
Narcotics Task Force. The .Sheriff shall ~ile a bond. in the
amount of $5,000. This requirement may be met by one or more
blanket bonds, including any bonds already provided by the County
for the Sheri~f~ Ail property of the Narcotics Task Force shall.
be acquired in accordance with the laws, rules, and procedures
governing the acquisition of property by the County, and shall be
held in the name of the County.
10 · Commander of Narcotics Task Force. The Board. of
Directors shall appoint a Commander for the San Mateo County
Narcotics Task Force~ The Commander will serve at the pleasure
of the Board of Directors. The Commander must hold. the rank of
lieutenant or higher (or an equivalent rank) in a participating
agency in order to be eligible for appointment. The Commander
will perform those duties set forth in the Operations Manual
adopted by the Board of Directors and such other duties as may be
established by the Board. The Commander is authorized to approve
demands against the Narcotics Task Force in accordance with the
approved budget and rules established by the Board, and the
Controller shall draw warrants to pay such demands when approved
by the Commander, Ail personnel assigned to the Narcotics Task
Force will work under the immediate supervision and direction of
the Commander and shall adhere to the rules and regulations set
7
forth in the Operations Manual adopted by the Board of
Directors. Each participating agency shall be responsible for
the full payment of its personnel (including the Commander)
assigned to the Narcotics Task Force~ and such payment' shall be
deemed to be full salary and payable to such assigned personnel
on duty with t~e Narcotics Task Force. The commander will
authorize overtime compensation to personnel assigned to the
Narcotics Task Force in accordance with the budget. Each City
and the County will be responsible for full payment of authorized
overtime compensation to its own employees, however the Cities
and the County will be reimbursed quarterly by the Narcotics Task
Force for any such overtime payments under procedures established
by the Board of Directors. Personnel assigne~ by any
jurisdiction shall be deemed to be continuing under the
employment of that jurisdiction.in its police department.
Personnel shall serve at least two-year terms of duty at the
pleasure of the Commander, with the approval by the Board~ Any
personnel may be removed from the Narcotics Task Force iN
accordance with rules established by the Board~
11. _Operations Manual. The Commander will prepare, for the
Board of Directors' appro~al~ an Operations Manual within ninety
(90) days from the effective date of this agreement. The
Narcotics Task Force and ali personnel assigned to work with the
Narcotics Task Force will operate in accordance with the
Operations Manual approved by the Board of Directors.
12. Peace Officer Powers. A peace officer assigned to work
with the Narcotics Task Force shall be and is hereby deemed to
8
have prior consent, within the meaning of Penal Code Section
830.1 of the Chief of Police or person authorized by the Chief to
give such consent, if such other jurisdic'tion is a City, or the
~Sheriff or person authorized by the Sheriff to give such consent~
· if such other jurisdiction is in County's uDiDcorporatcd areas,
to exercise peace officer authority within the bouDd~aries of
every party hereto, and Said peace officer is hereby empowered to
act in the same manner and to exercise the same powers as amy
peace officer of said party; and his action shall be governed by
the laws of California and the generally accepte6 practices and
procedures, for law enforcement in this County. Any duly sworn.
peace officer~ while assigned to duty with the Narcotics Task
Force, shall have the same powers~ duties, privileges~ and
immunities in any jurisdiction participating in this agreement as
are conferred upon him as a police officer in his own
jurisdiction.
13o Withdrawal. Any party may withdraw from this agreement
by filing written notice of intention to do so with the Chairman
of. the governing board by August 31st of each year.. The rights
and obligations of such party shall terminate at the end of the
fiscal year in which such notice is given. The withdrawal of any
party from this agreement shall in no way' affect the rights and
obligations of the remaining party unless the withdrawal is by
the County in which event this Agreement shall terminate. If a
party withdraws from this agreement, such party shall not be
entitled to the return of any funds contributed to the Narcotics
Task Force nor to the return in cash or in kind of any materials
9
or supplies (other than vehicles or communication equipment)
until termination of this agreement. If a party withdraws from
this agreement, its employees shall cease working for the
Narcotics Task Force on the effective date of such a party's
withdrawal~ ~f a party fails to make its contribution of either
personnel or money in accordance with SeCtion ? of this
agreement~ it will be deemed to have withdrawn as of the end of
the fiscal year in which it last made its contribution~
14. Termination and DisDositio~..of Propert~. This agreement
shall be deemed terminated When the number of Cities partici~
pating in this agreement is six (6) or less or when the County
withdraws~ Upon termination, each vehicle and earn item of
capital equipment shall be returned to the party contributing
such vehicle or equipment and all other assets shall be
distributed to the parties hereto in proportion to the contri-
bution of the parties during the life of the Narcotics Task Force
includin~ distribution to parties which may have withdrawn at an
earlier date. U_Don termination, any surplus money on hand shall
be returned to the parties hereto in proportion to the
contributions of the Parties during the life of the Narcotics
Task Force, including distribution to parties which may have
withdrawn at an earlier date°
i5. Termination After Three Years. This agreement shall
automatically terminate .three (3) years from its effective date
unless renewed in writing by the County and by at least fourteen
(14) cities. Upon such termination, the provisions of
Sections 13 and 14 shall apply. If the agreement is renewed, the
10
parties shall specify the new term of the agreement.
16. Notice of Agreement. Pursuant to Government Code
Section 6503°5, the Narcotics Task Force shall~ within thirty
(30) days after the effective date o~ this agreemeut~ cause a
notice of the agreement to be prepared and filed with the Office
of the Secretary of State.
17~ .Amendment, This agreement, may be amemded from tim~ to
time with the consent of the parties.
18. Disclosure of Peace Officer Personnel Records.
discovery or disclosure of peace officer personnel records or
records maintained pursuant to Penal Code Section 832~5 or
information from such records is sought, concerning any persoDnel
assigned to the Narcotics Task Force, the C~ty or the County
which employs the officer ~nose records are being sought wiil'be
responsible for responding to the discovery or disclosure
request. The Narcotics Task Force shall provide to the City or
County responding any of its records necessary to respond to the
discovery or disclosure request. Any party may agree that
another party may respond to such a request.
19~ ~iability for Workers Compensat~o_n Benefits° Any person
assigned to the Narcotics Task Force under this agreement shall.
be deemed to be continuing under the employmeDt of the party
assigning such person~ even though such person will be working
under the supervision and direction of the Commander. Any
injury, disability~ or death incurred by any person while working
with the Narcotics Task Force shall be deemed to have arisen out
of and to have been sustained in the course of such person~s
11
employment with the party assigning him for purposes of Workers'
Compensation and all other benefits. ~y person assigned to the
Narcotics Task Force who sustains an injury arising out of and in
the course of his work with the Narcotics Task Force shall be
accorded by the party assigning him all of ~]e same benefits,
including Workers Compensation benefits, which he woul~ have
received if he had been acting under the immediate direction of
the party assigning him. If such a person, or anyone~on bis
behalf~ files a claim for workers' compensation benefits against
any party~ other than the party assigning him, for an injury
claimed to have been sustained'while working with the Narcotics
Task Forces the party which assigned him to work with the
Narcotics Task Force shall indemnify, defend, and hold har~Iess
all the other parties to this agreement wit]] ~espect to such
claim at no cost to such other parties.
20. Insurance. The County shall add the Narcotics Task
Force to its existing excess liability insurance coverage and
shall maintain such coverage in full force and effect during the
life of this agreement. Said excess iiabil~.ty insurance coverage
has a $250,000 self-insured retention by the County. County
shall provide for the defense of any claims or litigation within
the $250,000 self-insured retention. Legal representation for
any such claims or litigation will ordinarily be provided by the
Office of the District Attorney'.
Any out-of-pocket expenses or loss, by way of judgment or
settlement, arising out the operation of this agreement, within
the limits of the County's $250,000 self-insured retention shall
12
be shared by the parties in accc~dance with the following
formula: fifty perce~nt i50%) to be paid by the County and fifty
percent (50%) to be paid by the Cities in accordance with the
formula set forth in Section 7(b). Expenses shall not inc|u,le
salaries or office expenses of any County employees, including
any attorneys from the Office of the District Attorney.
IN WITNESS WHEREOF, the parties hereto by their duly
authorized representatives, have affixed their hands on
this o~&~-k day of '~g~~ . 198 ~.
ATTEST:
'-~1 of Board
COU~AN MATEO '~-~
BOARD OF SUPERVI~SOR-~--
ATTES ]~:
CITY OF BELMONT
ATTEST:
Clerk of City Council
By
Mayor
'OS
13
be shared by the parties in accordance with the following
formula: fifty percent (50%) to be paid by the County and
percent (50%) to be paid by the Cities in accordance with the
formuXa set forth in Section 7(b). Expenses shall not include
salaries or office expenses of any County employees, includin,]
any attorneys from the Office of the District Attorney.
IN WITNESS WHEREOF, the parties hereto by their duly
authorized representatives, have affixed their hands on
this ~&*3 day of '~~ , 198
ATTEST:
-Acting Clerk of Board
COU~SAN MATEO '~--~
BOARD OF SUPERVPSORS
TOWN OF ATHERTON
ATTEST:
By
Mayor
ATTEST:
rk o~ City Council ~
CITY~F BELMONT.,
Mayor
13
ATTEST:
CITY OF BRISBANE
By
Mayor
Clerk of City Council
CITY OF BURLINGAME
ATTEST:
By
Mayor
Clerk of City Council
ATTEST:
TOWN OF COLMA
Mayor
CITY OF DALY CITY
ATTEST:
By
Mayor
Clerk of City Council
14
ATTEST:
CITY OF BRISBANE
By
Mayor
Clerk of City Council
ATTEST:
~lerk of City Coun~l
CITY OF BURLINGAME
TOWN OF COLMA
ATTEST:
By
Mayor
Clerk of Town Council
CITY OF DALY CITY
ATTEST:
By
Mayor
Clerk of City Council
14
ATTEST:
CITY OF BRISBANE
By
Mayor
Clerk of City Council
CITY OF BURLINGAME
ATTEST:
By
Mayor
Clerk of City Council
TOWN OF COLMA
ATTEST:
By
Mayor
Clerk of Town Council
ATTEST .-
Clerk of/City Co. il
CITY OF DALY CITY
14
ATTEST:
CITY OF EAST PALO ALTO
By
Mayor
Clerk of City Council
ATTEST:
Clerk of City Council
CITY OF FOSTER CITY
CITY OF HALF MOON BAY
ATTEST:
By
[.!avor
Clerk of City Council
CITY OF HILLSBOROUGH
ATTEST:
By
Mayor
Clerk of City Council
CITY OF MENLO PARK
ATTEST:
By
Mayor
Clerk of City Council
15
CITY OF EAST PALO ALTO
ATTEST:
By
Mayor
Clerk of City Council
CITY OF FOSTER CITY
ATTEST:
By
Mayor
Cler~ of City Council
CITY OF HALF MOON BAY
Mayor
CITY OF HILLSBOROUGH
ATTEST:
By
Mayor
Clerk of City Council
CITY OF MENLO PARK
ATTEST:
By
Mayor
Clerk of City Council
CITY OF EAST PALO ALTO
ATTEST:
By
Mayor
Clerk of City Council
CITY OF FOSTER CITY
ATTEST:
By
Mayor
Clerk of City Council
CITY OF HALF MOON BAY
ATTEST:
By
Mayor
Clerk of City Council
CITY OF HILLSBOROUGH
ATTEST:
By
Mayor
Clerk of City Council
ATTEST:
er~ ck~ Cit~-Councl£
CITY OF MENLO PARK
15
ATTEST:
Clerk of City?Counci~
ATTEST:
Clerk oz City Council
ATTEST:
Clerk of Town Council
ATTEST:
Clerk of City Council
ATTEST:
Clerk of City Council
CITY~.O~ILLBRAEBy ~ ~
CITY OF PACIFICA
By
Mayor
TOWN OF PORTOLA VALLEY
By
.qayor
CITY OF REDWOOD CITY
By
Mayor
CITY OF S~N BRUNO
By
Mayor
16
ATTEST:
Clerk of City Council
ATTEST:
il
ATTEST:
Clerk of Town Council
ATTEST:
Clerk of City Council
ATTEST:
Clerk of City Council
16
CITY OF MILLBRAE
By
Mayor
CITY OF PACIFICA
Mayor
TOWN OF PORTOLA VALLEY
By
>~ayor
CITY OF REDWOOD CITY
By
Mayor
CITY OF S~N BRUNO
By
Mayor
CITY OF MILLBRAE
ATTEST:
By
:4ayor
Cler~ of City Council
CITY OF PACIFICA
ATTEST:
By
Mayor
Clerk o~ C~:y Councxl
ATTEST:
TOWN OF PORTOLA VALLEY
By
Clerk o~ Town Councll
ATTEST:
~lerk of Cit~
By
Bfr~.UTY CITY CL£~K
CITY OF REDWOOD CITY
Mayor
CITY OF SAN BRUNO
ATTEST:
By
Mayor
Clerk of C~ty Counc'.l
16
CITY OF MILLBRAE
ATTEST:
Mayor
Clerk of City Council
CITY OF PACIFICA
ATTEST:
By
Mayor
Clerk of City Council
ATTEST:
TOWN OF PORTOLA VALLEY
By
Mayor
Clerk of Town Council
CITY OF REDWOOD'CITY
ATTEST:
By
Mayor
Clerk of City Council
ATTEST:
Clerk of City Council
ATTEST:
Clei~of City
CITY OF SAN CARLOS
By
CITY OF SAN MATEO
ATTEST:
By
Mayor
Clerk of City Council
ATTEST:
Clerk of City Council
CITY OF SOUTH SAN FRANCISCO
By
Mayor
TOWN OF WOODSIDE
ATTEST:
Clerk of Town Council
By
Mayor
17
CITY OF SAN CARLOS
ATTEST:
By
Mayor
Clerk of City Council
ATTEST:
CITY OF SAN MATEO
Clerk of City Council
ATTEST:
Clerk of City Council
CITY OF SOUTH SAN FRANCISCO
By
Mayor
TOWN OF WOODSIDE
ATTEST:
By
Mayor
Clerk of Town Council
17
CITY OF SAN CARLOS
ATTEST:
By
Mayor
Clerk of City Council
CITY OF SAN MATEO
ATTEST:
By
Mayor
Clerk of City Council
ATTEST:
of City Council~
CITY OF SOUTH SAN FRANCISCO
TOWN OF WOODSIDE
ATTEST:
By
Mayor
Clerk of Town Council
17
APPENDIX "A"
PRESENT SIU INVENTORY
2
7
2
1
1
7
5
5
6
7
20
&
11
14
2
2
2
8
10
2
2
4
1
1
4
APPLE COMPUTERS
UNDERCOVER VEHICLES
SURVEILLANCE VANS
BATTERY TESTER
PORTABLE LOW-BAND RADIO (SUITCASE)
UHF PORTABLE RADIOS
SHOTGUNS
POLAROID CAMERAS
TAPE RECORDERS
PAIR BINOCULARS
BLUE RAID JACKET WINDBREAKERS
RAID VESTS
FILING CABINETS, various sizes
STORAGE CABINETS~ various sizes
PERSONAL LOCKERS
OFFICE DESKS
SMALLER DESKS
CONFERENCE TABLES
SMALL TABLES
TYPING STANDS
DESK CHAIRS
GUEST CHAIRS
TYPEWRITERS
SHREDDERS
SAFES
BOOK SHELVES, misc sizes.
KEY BOX
BOARDS, bulletin, chalk etc
BATTERY CHARGER
BASE STATION~ low band
TAPE RECORDER TRANSCRIBER
55mm CAMERAS
PERISCOPESs surveillance
APPENDIX "A"