HomeMy WebLinkAbout94-73 - Approving Addendum Agreement to MOU for Airborne Law Enforcement Adding the City of Newport BeachRESOLUTION NO. 94-73
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFORNIA, APPROVING
THE ADDENDUM AGREEMENT TO THE MEMORAN-
DUM OF UNDERSTANDING FOR THE AIRBORNE LAW
ENFORCEMENT SERVICES ADDING THE CITY OF
NEWPORT BEACH AS A MEMBER OF THE AGENCY.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, the public agencies of the City of Costa Mesa, the City of Huntington
Beach, and the County of Orange entered into a Memorandum of Understanding to establish the
Airborne Law Enforcement Services ("ABLE") agency on August 3, 1993; and
WHEREAS, the public agency of the City of Newport Beach has decided to join the City
of Costa Mesa, the City of Huntington Beach, and the County of Orange as Member Agencies
of ABLE and to cooperate with each other to exercise some or all of their powers to operate a
regional airborne law enforcement service in the manner set forth in the Addendum Agreement
to the Memorandum of Understanding attached hereto 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
WHEREAS, the Member Agencies propose to join together to establish, operate, and
maintain a cooperative program of management for a helicopter service for the benefit of their
respective lands and inhabitants; and
WHEREAS, it is in the public interest to provide a means by which other public agencies
acquire helicopter service for the benefit of their lands and inhabitants; and
WHEREAS, the Member Agencies have the authority to establish such regional airborne
law enforcement service as a joint powers agency pursuant to California Government Code
Sections 6500 et seq.; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Costa
Mesa, California, pursuant to the aforesaid authority, does hereby adopt the Addendum
Agreement to the Memorandum of Understanding, attached hereto as Exhibit "A" and
incorporated herein, and authorize the Mayor to execute the Addendum Agreement to the
Memorandum of Understanding.
BE IT FURTHER RESOLVED that the Police Chief is appointed as a member of the
Board of the Airborne Law Enforcement Services joint powers agency established by the
Memorandum of Understanding.
PASSED AND ADOPTED this 1st day of August, 1994.
Mayor of the City of Costa Mesa
ATTEST:
1.
Deputy City Jerk of the City of Costa Mesa
1�0
STATE OF CALIFORNIA )
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. 94-73 was
duly and regularly passed and adopted by the said City Council at a regular meeting thereof held
on the 1st day of August, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City
of Costa Mesa this 2nd day of August, 1994.
Deputy Citj Clerk and ex -officio Clerk of
the City C4bncil of the City of Costa Mesa
1
ADDENDUM AGREEMENT NO. 1
This agreement is made and entered into this ST -� — day of
Auc, , 19fq, in the County of Orange, State of California, by
and between the City of Costa Mesa ("Costa Mesa"), the City of
Huntington Beach ("Huntington Beach"), the City of Newport Beach
( "Newport Beach" l and the County of Orange ( "County") , collectively
referred to as "Member Agencies."
RECITALS
WHEREAS, Costa Mesa, Huntington Beach and County have entered
into the Memorandum of Understanding ("MOU") to create the Airborne
Law Enforcement Services Agency ("ABLE"); and
WHEREAS, Newport Beach has decided to join ABLE as a Member
Agency of ABLE as provided in the MOU; and
WHEREAS, this Addendum Agreement will amend the MOU to reflect
the addition of Newport Beach as a Member Agency of ABLE.
NOW THEREFORE, for and in consideration of the mutual promises
and covenants contained herein the parties hereto agree as follows:
1.01 Paragraph 2.01 of the MOU is amended to read as
follows:
"2.01 1By this Agreement, Costa Mesa, Huntington
Beach, Newport Beach and County 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."
1.02 Paragraph 3.02 of the MOU is amended to read as
follows:
113.02 The ABLE shall be managed by a Board consisting
of the Chiefs of Police of Costa Mesa, Huntington Beach
and the Sheriff of orange County and one appointee for
each Member Agency for a total of eight (8) Board
Members. The Chiefs of Police of Costa Mesa, Huntington
Beach, Newport Beach and the Sheriff of Orange County
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."
Exhibit "A"
Resolution No. 94-73
Page 1 of 3
r-9
192
1.03 Except as provided herein, all other provisions of
the MOU shall remain in full force and effect, which MOU is
attached hereto as Exhibit A and incorporated herein by this
reference.
1.04 The legislative bodies of the Member Agencies
enumerated herein have each authorized execution of this Agreement,
as evidenced by the authorized signatures below, respectively.
Dated
ATTEST
CITY OF COSTA MESA
gy.
Mayor
APPROVED AS TO FORM
-
City lerk of the City o City Attorney
Cost Mesa
Dated
ATTEST
City Clerk of City of
Huntington Beach
Dated
H
>l'N.
ATTEST �L,FOQ��P
L '
City Clerk of City
Newport Beach
CITY OF HUNTINGTON BEACH
Mayor
APPROVED AS TO FORM
City Attorne /a
CITY OF NEWPORT BEACH
By: /1.
Mayor
APPROVED AS TO FORM
7 AyAttorney
Exhibit "A"
Resolution No. 94-73
Page 2 of 3
1
1
Dated
MAY 2 5 M5
Alfie Signed and certified
that a copy of this document
has been delivered to the
Chairman, Board of Supervisors
KATHLEEN E. GOODNO, ACTING
Clerk, Board of Supervisors
'193
COUNTY OF ORANGE, a Political
Subdivision of the State of
California
By ITKI a ,
Board of Supervisors
APPROVED AS TO FORM
Terry C. Andrus, County Counsel
Dated :
Exhibit "A"
Resolution No. 94-73
Page 3 of 3
194
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