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Home My WebLink AboutCC Resolution 14084 (Major Crimes Task Force 2016) RESOLUTION NO. 14084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL CONFIRMING THE CITY’S CONTINUED PARTICIPATION IN THE MARIN COUNTY MAJOR CRIMES TASK FORCE FROM MARCH 2, 2016 THROUGH JUNE 30, 2017, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE JOINT POWERS AGREEMENT WHEREAS, a Joint Exercise of Powers Agreement (“JPA”) entered into in 1977 between the County of Marin and all 11 incorporated cities and towns, including the City of San Rafael, authorized the creation of the Marin County Major Crimes Task Force (“MCMCTF”), a specialized undercover investigative unit comprised of specially trained detectives whose primary mission was to identify, prevent, and/or prosecute drug related criminal activity occurring throughout the County of Marin; and WHEREAS, in fiscal year 2002-2003 the City of San Rafael elected to withdraw from participation in the MCMCTF; and WHEREAS, in October 2014, the City Council authorized the City Manager to execute an agreement with the County of Marin that provided for the City of San Rafael’s participation in the MCMCTF for a one-year trial period; and WHEREAS, the City Manager signed the new JPA on the City’s behalf, but also provided a precautionary written “Notice of Intent to Withdraw” from the Task Force after one year, on March 2, 2016, subject to rescission should the City Council determine to continue participation in the MCMCTF after March 2, 2016; and WHEREAS, the San Rafael Police Department has reported to the City Council on the results of the City’s one-year pilot membership, and has recommended that the City continue participating in the MCMCTF; and WHEREAS, the City Council finds that it will be in the best interests of the City of San Rafael for the City to continue to participate in the MCMCTF; and WHEREAS, the MCMCTF is proposing to amend the JPA for the purpose of accepting the Town of Ross as a new member; NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby confirms that the City of San Rafael wishes to and will continue to participate in the MCMCTF without interruption after March 2, 2016; authorizes funding of $33,772.25 for the remainder of FY 2015-2016; and expresses its intention to continue funding of that membership in FY 2016-2017 for $152,277. BE IT FURTHER RESOLVED, that the City Manager is hereby directed to send a notice to the MCMCTF formally rescinding the City’s March 12, 2015 Notice of Intent to Withdraw, and to execute a new JPA as requested by MCMCTF staff, in a form to be approved by the City Attorney, to provide for the joinder of the Town of Ross as a new member of MCMCTF,. I, Esther C. Beirne, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 7th of March 2016, by the following vote, to wit: AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None Esther C. Beirne, City Clerk March 12,2015 Marin County Major Crimes Task Force Attn: Oversight Committee C/O Marin County Sheriffs Office 1600 Los Gamos Drive, Suite 200 San Rafael, CA 94903 MAYOR GARY O. PHILLlPS VICE MAYOR ANDREW CUYUGAN MCCULLOUGH COUNCILMEMBER MARIBETH BUSHEY COUNCILMEMBER KATE COLIN COUNCILMEMBER JOHN GAMBLIN CITY MANAGER'S OFFICE PHONE: 415-485-3070 FAX: 415-459-2242 Re: Notice of Intention to Withdraw from Marin County Major Crimes Task Force Joint Exercise of Powers Agreement dated February 15,2015, Effective March 2,2016 Dear Committee Members: The City of San Rafael is now a member of the Marin County Major Crimes Task Force ("Task Force"). We are hopeful that this participation will prove beneficial to all members of the Task Force and to the County of Marin as a whole. As you may know, the San Rafael City Council initially has authorized the City's participation in the Task Force only for a one year pilot period; the Council intends to reconsider the City's participation towards the end of this one year period, after review of the City's experiences and results as a member of the Task Force. In order to ensure the City's obligation to the Task Force is consistent with the City Council's authorization, and given the requirement for a minimum 6-month notice of intention to withdraw from the Task Force in Section 6.1 ofthe Joint Exercise of Powers Agreement ("JPA"), the City must, as a precaution, provide that notice to the Oversight Committee well before the City Council will have the opport~nity to consider the results of the one year trial participation. Therefore, this is to formally notify you pursuant to Section 6.1 of the JP A that the City of San Rafael intends to withdraw from the Task Force effective March 2,2016. We do so with the understanding and intention that the City may rescind this notice at any time prior to its effective date, should the City Council determine to continue the City'S participation in the Task Force. Sincerely, ~-~~ Nancy Mackie City Manager cc: Mayor Gary Phillips and City Council Sheriff Robert Doyle Robert Epstein, City Attorney Renee Giacomini Brewer, Deputy County Council 1400 FmH AVENUE -PO Box 151560· SAN RAFAEL, CA 94915-1560 WWW.CJTYOFSANRAFAEL.ORG CITY Of ...::st:Vn OFFICE OF THE CITY ATTORNEY Robert F. Epstein, City Attorney Li sa A . Goldflen, Assistant City Attorn ey Eri c T. D avis . D eputy C ity Atto rn ey II Via U.S. Mail and Email: mridglVfry@marills/zerif(.org Michael 1. Ridgway, Undersheriff Marin County Sheriff's Office 1600 Los Gamos Drive, Suite 200 San Rafael , CA 94903 • February 11,2016 MAYOR GA RY O. PHI L LIPS VICE MAYO R A N DR EW M CC UL LOU GH COUNCILMEMBER MARIB ET H BU SHEY COUNCILMEMBER KATE CO LI N COUN CILMEMB ER JO HN GAM BLIN Re: City of San Rafael Membership in Marin County Major Crimes Task Force Status of City's Notice ofIntent to Withdraw Dear Mike: Yesterday I advised you and County Counsel by email that despite the City's March 12, 2015 Notice ofIntent to Withdraw from the Task Force effective March 2,2016, the City of San Rafael may wish to continue its membership in the Task Force without interruption beyond March 2. However, the City Council will not be able to consider the City'S continuation in the Task Force until its meeting on March 7. At that time , City staff will be recommending to the Council that the City of San Rafael continue its membership in the Task Force, and we have no reason to believe the Council will not concur with this recommendation. However, until the Council takes action, we cannot rescind the City'S Notice ofIntent to Withdraw. This is to confirm our telephone conversation today wherein you agreed that in the event the City Council acts on March 7 to approve continuing the City'S membership in the Task Force without intelTuption, including the period between March 2 and March 7, then the Task Force would be willing to recognize that continued membership. Please let me know if I have misstated our understanding, or if you require anything more from the City at this time. We greatly appreciate your courtesy in this matter. Very truly yours Lb~~ Assistant City Attorney cc: Renee Giacomini Brewer, Esq., Deputy County Counsel Jim Schutz, City Manager Chief Diana Bishop, SRPD Capt. David Starnes, SRPD 1400 Fi fth Avenue (P .O. Box 151560) Sa n Rafael , CA 94915-1560 PHON E: (4J 5) 485-30 80/ FAX: (415)485-3109 / EMAIL: city.attorney@cityofsllnrafael.org