HomeMy WebLinkAboutC39810A-C - MOU fo Law Enforcement Responsibilities - CSUSB and UCRSTAFF REPORT Contract No. C39810A-C
CITY OF PALM DESERT
ADMINISTRATIVE SERVICES DEPARTMENT
MEETING DATE: January 23, 2020
PREPARED BY: Stephen Y. Aryan, Risk Manager
REQUEST: Approve Law Enforcement Responsibilities Memorandum of
Understanding (MOU) agreements between the City of Palm Desert,
County of Riverside, California State University San Bernardino,
College of the Desert, and University of California, Riverside.
Recommendation
By Minute Motion,
Approve a Law Enforcement Responsibilities Memorandum of Understanding
(MOU) Between the City of Palm Desert, County of Riverside, and California
State University, San Bernardino.
2. Approve a Law Enforcement Responsibilities Memorandum of Understanding
(MOU) Between the City of Palm Desert, County of Riverside, and University of
California, Riverside.
3. Approve a Law Enforcement Responsibilities Memorandum of Understanding
(MOU) Between the City of Palm Desert, County of Riverside, and College of the
Desert.
4. Authorize the City Manager to execute all MOU agreements.
Commission Action
The Palm Desert Public Safety Commission reviewed this matter on December 11, 2019,
and recommend approval.
Strategic Plan
This matter is related to the Public Safety and Emergency Services section of the Palm
Desert Strategic Plan, specifically under Prioritv 1: Enhance the Delivery of Public Safetv
Services. The priority's strategy is to expand the existing superlative services provided by
the fire and police departments to address future growth and safety concerns.
Background Analvsis
The California Education Code outlines that campus law enforcement agencies have the
primary authority for providing police or security services. Furthermore, public and
independent postsecondary institutions are required to enter into written agreements with
local law enforcement agencies, which clarify operational responsibilities for investigations
of Part 1 violent crimes occurring on each campus.
Staff Report: Law Enforcement Responsibilities MOU Agreements
January 23, 2020
Page 2of2
Part 1 violent crimes mean willful homicide, forcible rape, robbery, and aggravated assault.
Local law enforcement agencies are also required to enter into written agreements with
campus law enforcement agencies if there are college or university campuses located in the
jurisdictions of the local law enforcement agencies.
There are currently three college campus sites located in the City of Palm Desert: (1)
College of the Desert (COD); (2) California State University, San Bernardino's Palm Desert
Campus (CSUSB-PDC); and (3) The University of California, Riverside's Palm Desert
Campus (UCR). While these campuses have security personnel, there are no dedicated
police personnel at any of the three sites. The three MOU documents with these agencies
expire in early 2020 and require renewal.
These agreements designate the Palm Desert Police Department as having principal law
enforcement jurisdiction at each campus. However, any pre -planned events at CSUSB-
PDC and UCR (i.e. demonstrations, concerts, special events) that require an increased law
enforcement presence will be staffed by university police personnel. COD does not have
any sworn college police officers assigned to the campus at this time.
The term of the agreements are for a period of five years, commencing on January 1, 2020,
and either party may terminate the contract upon thirty (30) days advance notice.
Fiscal Analvsis
The cost recovery portion of the contract is currently set at $0.00 for this contract period.
However, the City has the option, via the termination clause, to renegotiate the cost
recovery fee if future statistics indicate such a measure is necessary. The Police
Department's current calls for service at these locations is minimal.
LEGAL REVIEW DEPT. REVIEW FINANCIAL CITY MANAGER
REVIEW
N/A 77<4 N/A
Robert W. Hargreaves Lori Carney Janet Moore Lauri Aylaian
City Attorney Director of Administrative Services Director of Finance City Manager
ATTACHMENTS: 1. MOU Agreements
2. California Education Code Section 67381
Contract No. C39810A
LAW ENFORCEMENT RESPONSIBILITIES
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is entered into by and between the COUNTY OF
RIVERSIDE, a political subdivision of the State of California, on behalf of the Riverside
County Sheriff's Department, hereinafter referred to as "Sheriff" or "Palm Desert Police
Department", the CITY OF PALM DESERT, a Charter City, the CALIFORNIA STATE
UNIVERSITY, SAN BERNARDINO, hereinafter referred to as "CSUSB", CSUSB
includes: the CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO, PALM DESERT
CAMPUS, hereinafter referred to as "CSUSB-PDC", and the CALIFORNIA STATE
UNIVERSITY, SAN BERNARDINO UNIVERSITY POLICE DEPARTMENT.
PURPOSE:
This Police Services Memorandum of Understanding is written pursuant to, and in
compliance with, California Education Code Section 67381. This section outlines that
campus law enforcement agencies have the primary authority for providing police or
security services, including the investigation of criminal activity, to their campuses. The
Education Code mandates that the Trustees of the California State University shall adopt
rules requiring each campus to enter. The Education Code also mandates local law
enforcement agencies to enter into written agreements with campus law enforcement
agencies if there are college or university campuses located in the jurisdictions of local
law enforcement agencies. This agreement serves to satisfy Education Code
requirements for the CSUSB and CSUSB-PDC, the City of Palm Desert, the CSUSB
University Police Department and the Sheriff, which provides law enforcement services
under contract to the City of Palm Desert.
STATEMENT OF SERVICES PROVIDED:
The Palm Desert Police Department, served by the Sheriff's Department, shall continue
to serve as the primary law enforcement agency, having principle law enforcement
jurisdiction at CSUSB-PDC. The Palm Desert Police Department is requested to also
provide police services to the CSUSB-PDC, as part of the Department's patrol of the City
of Palm Desert.
All law enforcement matters, including Part I violent crimes, shall be reported to the Palm
Desert Police Department. The Palm Desert Police Department is also requested to
provide additional law enforcement services to CSUSB-PDC, including investigations,
traffic enforcement, and crime reporting. In addition, Palm Desert Police Department is
requested to provide to CSUSB University Police Department copies of all police reports
and documentation, prepared by the Palm Desert Police Department in conjunction with
incidents occurring at CSUSB-PDC.
CSUSB is required by state and federal law to report criminal statistics in and around
university property. Therefore, the Palm Desert Police Department is requested to
provide an annual crime report to CSUSB University Police Department to ensure that
the University is in compliance with the Jeanne Clery Disclosure of Campus Security
Contract No.
Policy and Campus Crime Statistics Act. The Palm Desert Police Department has
established a crime reporting district of #38G1 for CSUSB-PDC to facilitate record
management.
The CSUSB University Police Department will make periodic visits to the Palm Desert
Campus and may, under special circumstances such as during special events, provide
officers .to service those events. When such services are being provided, the CSUSB
University Police Department will notify the Palm Desert Police Department of their
presence. All pre -planned events, such as political demonstrations, lectures, seminars,
concerts or other special events, which require a law enforcement or police presence,
will be staffed by CSUSB University Police Department personnel.
Parking officers who are employed by CSUSB and assigned to the Palm Desert Campus
will patrol the Palm Desert Campus and will report any incidents of crime to the Palm
Desert Police Department.
NOTICES:
Any notices required or desired to be served by one of these parties upon the others
shall be addressed to the respective parties as set forth below:
Riverside County Sheriff's Department
Palm Desert Police Department
73705 Gerald Ford Drive
Palm Desert, California, 92260
ATTN. Captain Joseph Belli
California State University,
San Bernardino, Palm Desert Campus
37500 Cook Street
Palm Desert, CA 92211
ATTN: Dr. Jake Zhu, Dean
California State University, San Bernardino
University Police Department
5500 University Parkway
San Bernardino, CA 92407-2318
ATTN: Nina Jamsen, Chief of Police
ENTIRE AGREEMENT:
City of Palm Desert
73-510 Fred Warning Drive
Palm Desert, California, 92260
ATTN: Lauri Aylaian, City Manager
California State University,
San Bernardino Campus
5500 University Parkway
San Bernardino, CA 92407-2318
ATTN. Dr. Douglas R. Freer, Vice
President for Administration and Finance
This agreement supersedes any prior Memorandum of Understanding between the
CSUSB, CSUSB-PDC, the University Police Department, the City of Palm Desert and
the Riverside County Sheriff's Department. Any modification of this MOU shall be
effective only if it is in writing and signed by all parties.
Contract No.
TERM:
The term of this agreement shall remain in effect for a period of five (5) years,
commencing January 1, 2020, or until terminated by either party, after giving written
notification 30 days in advance of the intended date of termination.
CITY OF PALM DESERT COST RECOVERY
The annual cost recovery fee implemented by the City of Palm Desert to provide law
enforcement responsibilities for CSUSB shall be $0.00 for this contract period.
Contract No.
SIGNATURE PAGE
Lauri Aylaian, City Manager
City of Palm Desert
Date
Captain Joseph Belli, Chief of Police Date
Riverside County Sheriff's Department
Palm Desert Station
Nina Jamsen, Chief of Police Date
University Police Department
California State University, San Bernardino
Dr. Jake Zhu, Dean Date
California State University, San Bernardino
Palm Desert Campus
Dr. Douglas R. Freer Date
Vice President for Administration and Finance
California State University, San Bernardino
Contract No. C39810B
UNIVERSITY OF CALIFORNIA, RIVERSIDE ps,
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BERKELEY DAVIS IRVINE LOS ANGELES MERCED RIVERSIDE . SAN DIEGO . SAN FRANCISCO O SANTA BARBARA SANTA CRUZ
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POLICE DEPARTMENT
RIVERSIDE, CA 92521
TEL: (951)827-5222
LAW ENFORCEMENT RESPONSIBILITIES
MEMORANDUM OF UNDERSTANDING
This Police Services Memorandum of Understanding ("MOU") is entered into by and between the COUNTY OF RIVERSIDE,
a political subdivision of the State of California, on behalf of the Riverside County Sheriff's Department, hereinafter referred to
as "Sheriff' or "Palm Desert Police Department", the CITY OF PALM DESERT, a Charter City, and the REGENTS OF THE
UNIVERSITY OF CALIFORNIA, via its Riverside campus, hereinafter referred to as "UCR.".
PURPOSE:
This Police Services MOU is written pursuant to, and in compliance with, California Education Code Section 67381. This
section outlines that campus law enforcement agencies have the primary authority for providing police or security services,
including the investigation of criminal activity, to their campuses. The Education Code mandates that the Regents of the
University of California shall adopt rules requiring each campus to enter into a written agreement with local law enforcement
agencies. The Education Code also mandates local law enforcement agencies to enter into written agreements with campus
law enforcement agencies if there are college or university campuses located in the jurisdictions of local law enforcement
agencies. This MOU serves to satisfy Education Code requirements for UCR and UCR Palm Desert, the City of Palm
Desert, the UCR Police Department and the Riverside County Sheriff's Department, which provides law enforcement
services under contract to the City of Palm Desert.
STATEMENT OF SERVICES PROVIDED:
The Palm Desert Police Department, served by the Riverside County Sheriff's Department, shall continue to serve as the
primary law enforcement agency, having principle law enforcement jurisdiction at the UCR Palm Desert location ("UCR Palm
Desert"). The Palm Desert Police Department is requested to also provide police services to UCR Palm Desert, as part of
the Department's patrol of the City of Palm Desert.
All law enforcement matters, including Part I violent crimes, shall be reported to the Palm Desert Police Department. The
Palm Desert Police Department is also requested to provide additional law enforcement services to UCR Palm Desert,
including investigations, traffic enforcement, and crime reporting. In addition, Palm Desert Police Department is requested to
provide to UCR Police Department copies of all police reports and documentation, prepared by the Palm Desert Police
Department in conjunction with incidents occurring at UCR Palm Desert.
UCR is required by state and federal law to report criminal statistics in and around university property. Therefore, the Palm
Desert Police Department is requested to provide an annual crime report to UCR Police Department to ensure that the
University is in compliance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act.
The Palm Desert Police Department has established a crime reporting district of #38G1 for UCR Palm Desert to facilitate
record management.
The UCR Police Department will make periodic visits to UCR Palm Desert Campus and may, under special circumstances
such as during special events, provide officers to service those events. When such services are being provided, the UCR
Police Department will notify the Palm Desert Police Department of their presence. All pre -planned events, such as political
demonstrations, lectures, seminars, concerts or other special events, which require a law enforcement or police presence,
will be staffed by UCR Police Department personnel.
Parking officers) who are employed by UCR and assigned to UCR Palm Desert will patrol UCR Palm Desert and will report
any incidents of crime to the Palm Desert Police Department
NOTICES:
Any notices required or desired to be served by one of these parties upon the others shall be
addressed to the respective parties as set forth below:
Riverside County Sheriff's Department
Palm Desert Police Department
73705 Gerald Ford Drive
Palm Desert, California, 92211
ATTN. Captain Joseph Belli
University of California, Riverside
Palm Desert Center
75-080 Frank Sinatra Drive
Palm Desert, CA 92211
ATTN. Tamara Hedges, Executive Director
University of California, Riverside
Police Department
3500 Canyon Crest Drive
Riverside, CA 92521
ATTN. Michael Lane, Chief of Police
ENTIRE AGREEMENT:
City of Palm Desert
73-510 Fred Warning Drive
Palm Desert, California, 92260
ATTN. Lauri Aylaian, City Manager
University of California, Riverside
900 University Avenue
Riverside, CA 92521
ATTN. Kim A. Wilcox, Chancellor
This agreement supersedes any prior Memorandum of Understanding between UCR, UCR Police Department, the City of
Palm Desert and the Riverside County Sheriff's Department. Any modification of this MOU shall be effective only if it is in
writing and signed by all parties.
TERM:
The term of this agreement shall remain in effect for a period of five (5) years, commencing January 1, 2020, or until
terminated by either party, after giving written notification 30 days in advance of the intended date of termination.
CITY OF PALM DESERT COST RECOVERY
The annual cost recovery fee implemented by the City of Palm Desert to provide law enforcement responsibilities for
UCR Palm Desert shall be $0.00 for this contract period.
SIGNATURE PAGE
Ms. Lauri Aylaian, City Manager
City Manager
City of Palm Desert
Captain Joseph Belli, Chief of Police
Riverside County Sheriff's Department
Palm Desert Station
REGENTS OF THE UNIVERSITY OF CALIFORNIA
Mr. Kim A. Wilcox, Chancellor
University of California, Riverside
Date
Date
Date
Contract No. C39810C
LAW ENFORCEMENT RESPONSIBILITIES
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is entered into by and between the COUNTY
OF RIVERSIDE, a political subdivision of the State of California, on behalf of the
Riverside Sheriff's Department, hereinafter referred to as "Sheriff" or "Palm Desert
Police Department", the CITY OF PALM DESERT, a Charter City, and the
COLLEGE OF THE DESERT, a college within the Desert Community College
District.
PURPOSE:
This Police Services Memorandum of Understanding is written pursuant to, and in
compliance with, California Education Code Section 67381. This section outlines
that campus law enforcement agencies have the primary authority for providing
police or security services, including the investigation of criminal activity, to their
campuses. The Education Code mandates that the governing board of each
community college district shall adopt rules requiring each campus to enter into
written agreements with local law enforcement agencies that clarify operational
responsibilities for investigations of Part 1 violent crimes occurring on each campus.
The Education Code also mandates local law enforcement agencies to enter into
written agreements with campus law enforcement agencies if there are college or
university campuses located in the jurisdictions of local law enforcement agencies.
This agreement serves to satisfy Education Code requirements for the College of the
Desert, the City of Palm Desert and the Riverside County Sheriff's Department,
which provides law enforcement services under contract to the City of Palm Desert.
The College of the Desert, Palm Desert Campus, will not have sworn officers
assigned to the campus at this time. However, the college head of security will serve
as liaison to the campus community, Sheriff and all security elements working at the
campus.
STATEMENT OF SERVICES PROVIDED:
The Palm Desert Police Department, served by the Sheriff's Department, shall
continue to serve as the primary law enforcement agency, having principle law
enforcement jurisdiction at the Palm Desert campus. All matters concerning crime
reporting, especially Part I violent crimes, follow-up investigations, traffic
enforcement, etc. shall be managed by the Palm Desert Police Department. In
addition, the Palm Desert Police Department is respectfully requested to continue to
assist College of the Desert in crime reporting. The Palm Desert Police will continue,
as is required by state and federal law, to report criminal statistics in and around
college property: example: Jeanne Clery Campus Safety Report. The Palm Desert
Police Department has established a crime reporting district of #36Q3 for College of
the Desert to facilitate record management. College of the Desert would require a
report annually upon request.
NOTICES:
Any notices required or desired to be served by one of these parties upon the others
shall be addressed to the respective parties as set forth below:
Riverside County Sheriff's Department City of Palm Desert
Palm Desert Police Department 73-510 Fred Warning Drive
73705 Gerald Ford Drive Palm Desert, California, 92260
Palm Desert, California, 92260 ATTN: Lauri Aylaian, City Manager
ATTN: Captain Joseph Belli
College of the Desert
Palm Desert Campus
43-500 Monterey Avenue
Palm Desert, California, 92260
ATTN: Joel L. Kinnamon, Ed.D., President
ENTIRE AGREEMENT:
This agreement supersedes any prior Memorandum of Understanding between the
College of the Desert, the City of Palm Desert and the Riverside County Sheriff's
Department. Any modification of this MOU shall be effective only if it is in writing
and signed by all parties.
TERM:
The term of this agreement shall remain in effect for a period of five (5) years,
commencing January 1, 2020, or until terminated by either party, after giving written
notification 30 days in advance of the intended date of termination.
CITY OF PALM DESERT COST RECOVERY
The annual cost recovery fee implemented by the City of Palm Desert to provide law
enforcement responsibilities for College of the Desert shall be $0.00 for this contract
period.
SIGNATURE PAGE
Ms. Lauri Aylaian, City Manager
City Manager
City of Palm Desert
Date
Captain Joseph Belli, Chief of Police Date
Riverside County Sheriff's Department
Palm Desert Station
Joel L. Kinnamon, Ed.D., President Date
College of the Desert
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ELECTROVIC LEGAL MATERIAL
State of California
EDUCATION CODE
Section 67381
67381. (a) The Legislature reaffirms that campus law enforcement agencies have
the primary authority for providing police or security services, including the
investigation of criminal activity, to their campuses.
(b) The Trustees of the California State University, the Regents of the University
of California, and the governing board of independent postsecondary institutions, as
defined, shall adopt rules requiring each of their respective campuses to enter into
written agreements with local law enforcement agencies that clarify operational
responsibilities for investigations of Part 1 violent crimes, sexual assaults, and hate
crimes occurring on each campus.
(c) L,ocal law enforcement agencies shall enter into written agreements with campus
law enforcement agencies if there are college or university campuses of the governing
entities specified in subdivision (b) located in the jurisdictions of the local law
enforcement agencies.
(d) Each written agreement entered into pursuant to this section shall designate
which law enforcement agency shall have operational responsibility for the
investigation of each Part 1 violent crime, sexual assault, and hate crime, and delineate
the specific geographical boundaries of each agency's operational responsibility,
including maps as necessary.
(e) A written agreement entered into pursuant to this section shall be reviewed,
updated if necessary, and made available for public viewing by July 1, 2016, and
every five years thereafter.
(f) Each agency shall be responsible for its own costs of investigation unless
otherwise specified in a written agreement.
(g) Nothing in this section shall affect existing written agreements between campus
law enforcement agencies and local law enforcement agencies that otherwise meet
the standards contained in subdivision (d) or any existing mutual aid procedures
established pursuant to state or federal law.
(h) Nothing in this section shall be construed to limit the authority of campus law
enforcement agencies to provide police services to their campuses.
(i) As used in this section, the following terms have the following meanings:
(1) "Local law enforcement agencies" means city or county law enforcement
agencies with operational responsibilities for police services in the community in
which a campus is located.
(2) "Part 1 violent crimes" means willful homicide, forcible rape, robbery, and
aggravated assault, as defined in the Uniform Crime Reporting Handbook of the
Federal Bureau of Investigation.
(3) "Hate crime" means any offense described in Section 422.55 of the Penal Code.
(4) "Sexual assault" includes, but is not limited to, rape, forced sodomy, forced
oral copulation, rape by a foreign object, sexual battery, or threat of any of these.
(5) "Independent postsecondary institutions" means institutions operating pursuant
to Section 830.6 of the Penal Code or pursuant to a memorandum of understanding
as described in subdivision (b) of Section 830.7 of the Penal Code.
0) This section shall be known and may be cited as the Kristin Smart Campus
Safety Act of 1998.
(k) It is the intent of the Legislature by enacting this section to provide the public
with clear information regarding the operational responsibilities for the investigation
of crimes occurring on university and college campuses by setting minimum standards
for written agreements to be entered into by campus law enforcement agencies and
local law enforcement agencies.
(Amended by Stats. 2015, Ch. 701, Sec. 1. (AB 913) Effective January 1, 2016.)