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HomeMy WebLinkAbout96-92 - Approving Transition and Reorganization Plan for Airborne Law Enforcement ServicesRESOLUTION NO. 76 - qz A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE TRANSITION AND REORGANIZATION PLAN FOR AIRBORNE LAW ENFORCEMENT SERVICES. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the public agencies of the City of Costa Mesa, City of Huntington Beach, City of Newport Beach, and County of Orange ("Member Agencies") desire to cooperate with each other to exercise some or all of their powers to establish a Transition and Reorganization Plan ("Plan") for the regional AirBorne Law Enforcement Service Agency ("ABLE") consistent with the Memorandum of Understanding ("MOU") entered into by the Member Agencies and such Plan is attached as Exhibit "A" and incorporated herein; and WHEREAS, the Member Agencies have and possess the power and authorization to finance, acquire, and maintain a public law enforcement helicopter service and facilities for the benefit of the lands and inhabitants within their respective boundaries and such services by ABLE have benefited their respective lands and inhabitants; and WHEREAS, the County of Orange and City of Huntington Beach each have exercised their right as a Member Agency to tender a notice of intent to voluntarily withdraw from the MOU and ABLE and propose to join together with the cities of Costa Mesa and Newport Beach to establish, operate, and maintain a cooperative Plan for helicopter service for the benefit of their respective lands and inhabitants during the transition and reorganization of ABLE; and WHEREAS, it is in the public interest to provide an orderly and efficient Plan by which ABLE can be reorganized to accommodate the withdrawal of the County of Orange and the City of Huntington Beach to avoid disruption of helicopter service for the benefit of Member Agencies' lands and inhabitants, and public agencies who have subscribed with ABLE for helicopter services; and WHEREAS, the Member Agencies have the authority to establish a Plan for the transition and reorganization of ABLE pursuant to California Government Code Sections 6500 et seq.; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Costa Mesa, pursuant to the aforesaid authority, hereby adopts and approves the Transition and Reorganization Plan attached hereto as Exhibit "A" and incorporated herein. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to take the necessary steps, consistent with the Transition and Reorganization Plan, to effectuate the reorganization of ABLE. PASSED AND ADOPTED this 7th day of October,. 1996. Ma of the City of Costa Mesa ATTEST: Deputy City lerk of the City of Costa Mesa APPROVED AS TO FORM -�'�-.,t..�„� ICS CITY ATTORNEY STATE OF CALIFORNIA 1 COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Resolution No. 96 -FZ was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 7th day of October, 1996. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 8th day of October, 1996. T. Deputy Ci Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa EXHIBIT A PLAN OF TRANSITION AND REORGANIZATION OF THE AIRBORNE LAW ENFORCEMENT SERVICES AGENCY 1. The AirBorne Law Enforcement Services Agency ("ABLE") Board on June 27, 1996, found that there is a need for a plan of transition and reorganization because the member agencies on September 1, 1996, to remain in ABLE are the City of Costa Mesa and the City of Newport Beach. 2. The provisions of the Memorandum of Understanding, dated August 3, 1993 ("MOU") and Addendum No. 1 to Agreement, dated August 1, 1994, and Addendum No. 2, dated August 1, 1994 ("Addendums") shall remain in full force and effect during the transition from July 1, 1996, period ending at midnight on August 31, 1996. 3. The ABLE Board has found that member agencies of the County of Orange and City of Huntington Beach shall be deemed to have voluntarily withdrawn from ABLE effective at midnight on August 31, 1996. The ABLE member agencies, as of September 1, 1996, shall be the City of Costa Mesa and City of Newport Beach. 4. On September 1, 1996, the provisions of Paragraph 2.01 of the MOU and Addendums are amended to read as follows: "2.01 By this Agreement, Costa Mesa and Newport Beach agree to cooperate with each other in the provision of helicopter services in the manner and under the terms of this Agreement. The cooperative use of the Member Agencies' helicopter services shall be known as the Airborne Law Enforcement Services ("ABLE"). The Member Agencies may agree on a different call name for ABLE. 5. On September 1, 1996, the provisions of Paragraph 3.02 of the MOU and Addendums are amended to read as follows: "3.02 The ABLE shall be managed by a Board consisting of the Chiefs of Police of Costa Mesa and Newport Beach and one appointee for each Member Agency for a total of four (4) Board Members. The Chiefs of Police of Costa Mesa and Newport Beach shall each appoint one Board member and their alternate. Each Board Member, or in the absence of a Board member, the alternate shall have one vote on all matters before the Board. The members of the Board may be supplemented or amended from time to time." 6. On September 1, 1996, the provisions of Subparagraph (B) of Paragraph 6.02 of -the MOU and Addendums are amended to read as follows: "(B) In the case of voluntarily withdrawal, written notice shall be given one hundred twenty days (120) prior to the end of a fiscal year, except that such notice may be shortened by unanimous approval of the Board." 7. To the extent that credits for service exist for the subscriber"agencies to - ABLE as of July 1, 1996, ABLE and its four (4) member agencies shall provide service at no additional charge to those subscriber agencies with subscriber agreements for fiscal year 1995-96 for a transition period from July 1, 1996, and ending at midnight on August 31, 1996. During the transition period, the subscriber agreements shall be deemed to be in effect for all purposes as consideration for the services by ABLE during such period. All credits for service under Paragraph 4.01 of any subscriber agreements for fiscal year 1995-96 shall be deemed satisfied at the end of the period ending at midnight on August 31, 1996. Upon approval of this plan by the ABLE Board, ABLE shall notify all subscribers of this plan and service for credits during the transition period. 8. After September 1, 1996, ABLE shall retain all rights to the Lojack License Agreement and Old Republic Insurance Company policy. 9. After September 1, 1996, ABLE will cooperate with the withdrawal of the County of Orange and City of Huntington Beach to study future fueling and maintenance arrangements toward cost savings in these areas of operations. 10. After September 1, 1996, ABLE will provide service outside of its member agency flight area on a subscription basis or by mutual aid, as the circumstances warrant it and approved by the ABLE Board. 11. The ABLE Board will address the disposition in assets in the case of a breakup of ABLE in a subsequent amendment to the MOU to be approved by the City Councils of Costa Mesa and Newport Beach.