HomeMy WebLinkAboutR-2002-029 Supplemental Mutual Aid Agreement with Yakima County for Newly Annexed areas (N. 40th & Nob Hill / S. 72nd Avenue)RESOLUTION NO. R-2002- 29
A RESOLUTION ratifying and approving "Supplemental Mutual Aid Peace
Officer's Powers Agreement Notice of Consent and Mutual Law
Enforcement Assistance Agreement Re: Nob HiH/S. 40th Avenue
Area and South 72"d Avenue Area and Other Annexed Areas."
WHEREAS, general authority law enforcement officers with appropriate training
certificates (or exemptions therefrom) may enforce the traffic or criminal laws any place
in the State "upon the prior written consent of the sheriff or chief of police in whose
primary territorial jurisdiction the exercise of the:powers occurs" (RCW 10.93.070(1)),
and "in response to a request for assistance pursuant to a mutual law enforcement
assistance agreement with the agency of primary territorial jurisdiction or in response to
the request of a peace officer with enforcement authority" (RCW 10.93.070(3)); and
WHEREAS, on March 28, 2002, Chief Don Blesio of the City of Yakima Police
Department and Sheriff Ken Irwin of the Yakima County Sheriff's Office executed a
"Supplemental Mutual Aid Peace Officer's Powers Agreement Notice of Consent and
Mutual Law Enforcement Assistance Agreement Re: Nob Hill/S. 40th Avenue Area and
South 72nd Avenue Area and Other Annexed Areas." This written consent and mutual
law enforcement assistance agreement are made pursuant to the Washington Mutual Aid
Peace Officers Powers Act, RCW 10.93.070(1) and (3), and the Interlocal Cooperation
Act, Chapter 39.34 RCW; and
WHEREAS, over past decades, the City of Yakima has annexed a number of
areas using the "petition method" of annexation,: including the annexations of the Nob
Hill/S. 40` Avenue area on September 18, 2000, and of the South 72" Avenue area on
January 4, 2002, by City of Yakima Ordinance Nos. 2000-32, 2001-46 and 2001-66; and
WHEREAS, the interests of the public in safety and security in the Nob Hill/S.
40th Avenue area, the South 72nd Avenue area, and the other annexed areas are very
important and critical. The purpose of the "Supplemental Mutual Aid Peace Officer's
Powers Agreement Notice of Consent and Mutual Law Enforcement Assistance
Agreement Re: Nob Hill/S. 40`h Avenue Area and South 72nd Avenue Area and Other
Annexed Areas" is to provide for the public's safety in the annexed areas, and further to
provide for the orderly administration and enforcement of the law in those areas. In order
to provide properly for the community's interest in the protection of public safety, the
"Supplemental Mutual Aid Peace Officer's Powers Agreement Notice of Consent and
Mutual Law Enforcement Assistance Agreement Re: Nob Hill/S. 40th Avenue Area and
South 72nd Avenue Area and Other Annexed Areas" discusses which entity will provide
primary law enforcement authority within annexed areas; and
WHEREAS, it is appropriate for Chief Don Blesio to execute the "Supplemental-.
Mutual Aid Peace Officer's Powers Agreement Notice of Consent and Mutual Law
Enforcement Assistance Agreement Re: Nob Hill/S. 40th Avenue Area and South 72nd
Avenue Area and Other Annexed Areas," and for his execution of that document on
March 28, 2002, to be ratified and approved, and .it is further approriate for the
"Supplemental Mutual Aid Peace Officer's Powers Agreement Notice of Consent and
Mutual Law Enforcement Assistance Agreement Re: Nob Hill/S. 40th Avenue Area and
South 72nd Avenue Area and Other Annexed Areas" to be approved; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
YAKIMA:
The attached "Supplemental Mutual Aid Peace Officer's Powers Agreement
Notice of Consent and Mutual Law Enforcement Assistance Agreement Re: Nob Hill/S.
40th Avenue Area and South 72nd Avenue Area and Other Annexed Areas" is hereby
approved, and the execution by Chief Don Blesio of the City of Yakima Police
Department of the "Supplemental Mutual Aid Peace Officer's Powers Agreement Notice
of Consent and Mutual Law Enforcement Assistance Agreement Re: Nob Hill/S. 40th
Avenue Area and South 72"d Avenue Area and Other Annexed Areas" is hereby ratified
and approved.
ADOPTED BY THE CITY COUNCIL this 2nd day of April, 2002.
ATTEST:
il<0,h)
City Clerk
-2-
Afe 1
lace, Mayor
SUPPLEMENTAL
MUTUAL AID PEACE OFFICER'S POWERS AGREEMENT
NOTICE OF CONSENT AND MUTUAL LAW ENFORCEMENT
ASSISTANCE AGREEMENT
RE: NOB HILL/S. 40' AVENUE AREA
AND SOUTH 72ND AVENUE AREA
AND OTHER ANNEXED AREAS
1. Chapter 10.93 Revised Code of Washington, the Washington
Mutual Aid Peace Officers Powers Act, became effective on July 1, 1985.
General authority law enforcement officers with appropriate training
certificates (or exemptions therefrom) may enforce the traffic or criminal laws
any place in the State "upon the prior written consent of the sheriff or chief
of police in whose primary territorial jurisdiction the exercise of the powers
occurs" (RCW 10.93.070(1)), and "in response to a request for assistance
pursuant to a mutual law enforcement assistance agreement with the agency
of primary territorial jurisdiction or in response to the request of a peace
officer with enforcement authority" (RCW 10.93.070(3)).
2. This written consent and mutual law enforcement assistance
agreement are made pursuant to the Washington Mutual Aid Peace Officers
Powers Act, RCW 10.93.070(1) and (3), and the Interlocal Cooperation Act,
Chapter 39.34 RCW.
3. The most recent Mutual Aid Peace Officer's Powers Agreement
Notice of Consent relating to the City of Yakima ("City") was signed by Sheriff
Ken Irwin of the Yakima County Sheriff's Office on April 12, 2001. This
supplemental Notice of Consent relates specifically to Nob Hill/S. 40th
Avenue area and the South 72nd Avenue area and any other areas that the
City has annexed through the petition method of annexation and is intended
to supplement the Notice of Consent dated April 12, 2001, and all previous
Notices of Consent, and is not intended to replace or supersede them.
Attachment "A" is a copy of the Notice of Consent signed by Sheriff Ken
Irwin, dated April 12, 2001, and the Notice of Consent signed by Sheriff
Doug D. Blair, dated February 1, 1996.
Page 1 of 3
4. Over past decades, the City of Yakima has annexed a number of
areas using the "petition method" of annexation, including the annexations
of the Nob Hill/S. 40th Avenue area on September 18, 2000, and of the South
72nd Avenue area on January 4, 2002. City of Yakima Ordinance Nos. 2000-
32, 2001-46 and 2001-66. The Nob Hill/S. 40th Avenue area and the South
72nd Avenue area are described by legal description in the Ordinances and in
the maps attached as Attachments "B" (Nob Hill/S. 40th Avenue area) and
"C" (S. 72nd Avenue area). The City has been responsible for law
enforcement in annexed areas once annexations have been completed. Prior
to that time, Yakima County ("County") and the Yakima County Sheriff's
Office have been responsible for law enforcement in those areas.
5. On March 14, 2002, the Washington Supreme Court published a
decision relating to the Nob Hill/S. 40th Avenue area which declared that the
petition method of annexation is unconstitutional, in Grant County Fire Prot.
Dist. No. 5 v. City of Moses Lake and Yakima County Fire Prot. Dist. No. 12 v.
City of Yakima, Consolidated Case Nos. 70090-7 and 70499-6. The Supreme
Court's mandate has not yet issued and thus is not yet final under
RAP 12.5.
6. The City and the County believe that as a matter of law, all of
the annexed areas remain within the City limits, and therefore subject to the
City's law enforcement authority, at least until a trial court or an appellate
court issues a final order or mandate that has the effect of adjusting the
City's boundaries.
7. To date, the City has performed, and continues to perform, law
enforcement within the Nob Hill/S. 40th Avenue annexation, as well as all
other annexed areas.
8. The interests of the public in safety and security in the Nob
Hill/S. 40th Avenue area and the other annexed areas are very important and
critical. The purpose of this agreement is to provide for the public's safety in
the annexed areas, and further to provide for the orderly administration and
enforcement of the law in those areas. In order to provide properly for the
community's interest in the protection of public safety, this Supplemental
Notice of Consent and Mutual Law Enforcement Assistance Agreement
discusses which entity will provide primary law enforcement authority within
annexed areas.
9. The County and the City are in agreement that the City of
Yakima Police Department will continue to provide primary law enforcement
authority over the Nob Hill/ S. 40th Avenue annexation area until such time
as a court may issue a final order or mandate in the Yakima County Fire
Prot. Dist. No. 12 v. City of Yakima case that has the effect of adjusting the
adjusting the City's boundaries in regard to the Nob Hill/S. 40th Avenue
annexation area.
Page 2 of 3
10. The S. 72nd Avenue area and the other areas that the City has
annexed through the petition method of annexation were not the subjects of
the Yakima County Fire Prot. Dist. No. 12 v. City of Yakima case. The S. 72nd
Avenue area annexation is currently the subject of an appeal in Division III
of the Court of Appeals (John S. Moore v. The Washington State Boundary
Review Board, et al., Court of Appeals No. 20799 -4 -III). The County and the
City are in agreement that the City of Yakima Police Department will
continue to provide primary law enforcement authority within the S. 72nd
Avenue area and the other areas unless and until there is a final order or
mandate of a court with jurisdiction that determines otherwise.
11. The Sheriff of the Yakima County Sheriff's Office and the Chief of
Police of the City of Yakima hereby reaffirm their commitment to all the
provisions of the Notices of Consent referred to in paragraph 2 above. This
commitment includes without limitation a commitment that, if and when
there is any adjustment to the City's boundaries in regard to any area that
was annexed by the petition method, the Sheriff consents to the full exercise
of peace officer powers by all properly certified or exempted Officers of the
City of Yakima within any such area.
12. The Sheriff of the Yakima County Sheriff's Office and the Chief of
Police of the City of Yakima Police Department will continue to supervise
their respective office or department, and will coordinate with each other to
the extent any changes in this agreement need to be made.
Sheriff enjYrwin*
Yakim County Sheriff's Office
c�—
Date
Chief Don Blesio Date
City of Yakima Police Department
City Contract No. 2002-22
Resolution No. R-2002-29
Page 3 of 3
YAKIMA COUNTY SHERIFF'S OFFICE
P.O. BOX 1388, YAKIMA, WASHINGTON 98907 TELEPHONE (509) 574-2500
Toll Free 1-800-572-0490
MUTUAL AID PEACE OFFICER'S POWERS
AGREEMENT
NOTICE OF CONSENT
KEN IRWIN, Sheriff
Chapter 89, Washington Laws of 1985, Regular Session became
effective on July 1, 1985. Under Subsection 1 of Section 7 of that Act,
general authority law enforcement Officers with appropriate training
certificates (or exemption therefrom) may enforce criminal or traffic
laws of any place in the State "upon the prior written consent of the
Sheriff or Chief of Police in whose primary territorial jurisdiction the
exercise of the powers occurs".
In accordance with Chapter 89, Section 7 (1), I hereby consent to
the full exercise of peace Officer powers, within the County of Yakima
by any and all properly certificated or exempted Officers of the CITY
OF YAKIMA. This agency shall maintain a current file of authorized
agencies. Any liability or claim of liability which orrises out of the
exercise or alleged exercise of authority by any officer of the authorized
agency under Chapter 89 and pursuant to this Notice of Consent is the
responsibility of that agency unless the liability is otherwise allocated
under a written agreement between the authorized agency and another
agency.
This consent is valid during my tenure as the Sheriff of Yakima
County. This consent is not intended to reallocate, under Section 4 of
Chapter 89, the responsibility of the authorized agency for the acts or
omissions of it's Officers. The authorized agency is subject to any
reasonable reporting requirements now in effect or hereafter imposed
by this agency.
4 -17oI
Date
ATTACHMENT "A"
SERVING YAKIMA COUNTY SINCE 1863
YAKIMA COUNTY SHERIFF'S OFFICE
P.O BOX 1388, YAKIMA, WASHINGTON 98907 TELEPHONE (509) 575-4080
Toll Free 1-800-572-0490
MUTUAL AID PEACE OFFICER'S POWERS
AGREEMENT
NOTICE OF CONSENT
DOUG D. BLAIR, Sheriff
RECEIVED
2 )996
YAKIMA POLICE OtrrAli (MEN!
Chapter 89, Washington Laws of 1985, Regular Session became
effective on July 1, 1985. Under Subsection 1 of Section 7 of that
Act, general authority law enforcement Officers with appropriate
training certificates (or exemption therefrom) may enforce criminal
or traffic laws of any place in the State "upon the prior written
consent of the Sheriff or Chief of Police in whose primary territorial
jurisdiction the exercise of the powers occurs".
In accordance with Chapter 89, Section 7 (1), I hereby consent to the
full exercise of peace Officer powers, within the County of Yakima by
any and all properly certificated or exempted Officers of the CITY OF
YAKIMA.
This consent is valid during my tenure as the Sheriff of Yakima
County. This consent is not intended to reallocate, under Section 4
of Chapter 89, the responsibility of the authorized agency for the
acts or omissions of it's Officers. The authorized agency is subject to
any reasonable reporting requirements now in effect or hereafter
imposed by this agency.
Sheriff
ignature
Date: February 1, 1996
ATTACHMENT "A"
SERVING YAKIMA COUNTY SINCE 1863
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City of Yakima, Washington
August 07, 2001
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 4
For Meeting Of April 2, 2002
ITEM TITLE: A Resolution ratifying and approving "Supplemental Mutual Aid
Peace Officer's Powers Agreement Notice of Consent and Mutual
Law Enforcement Assistance Agreement Re: Nob Hill/S. 40th
Avenue Area and South 72nd Avenue Area and Other Annexed
Areas."
SUBMITTED BY: Don Blesio, Chief of Police
CONTACT PERSON/TELEPHONE: Chief Don Blesio, 575-6211
SUMMARY EXPLANATION: On March 28, 2002, Chief Don Blesio of the Yakima
Police Department and Sheriff Ken Irwin of the Yakima County Sheriff's Office executed
a "Supplemental Mutual Aid Peace Officer's Powers Agreement Notice of Consent and
Mutual Law Enforcement Assistance Agreement Re: Nob Hill/S. 40th Avenue Area and
South 72nd Avenue Area and Other Annexed Areas." The "Supplemental Mutual Aid
Peace Officer's Powers Agreement Notice of Consent and Mutual Law Enforcement
Assistance Agreement Re: Nob Hill/S. 40th Avenue Area and South 72nd Avenue Area
and Other Annexed Areas" is submitted to the Council for ratification and approval.
Resolution X Ordinance Other (Specify)
Contract Mail to (name and address):
Phone:
Funding Source
APPROVED FOR SUBMI'i" I AL: (-Q.. - , City Manager
STAFF RECOMMENDATION: Adopt Resolution.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2002-29
BOARD OF YAKIMA COUNTY COMMISSIONERS
IN THE MATTER OF RATIFYING AND
APPROVING "SUPPLEMENTAL MUTUAL
AID PEACE OFFICER'S POWERS
AGREEMENT NOTICE OF CONSENT AND
MUTUAL LAW ENFORCEMENT
ASSISTANCE AGREEMENT RE: NOB
HILL/S. 40TH AVENUE AREA AND SOUTH
72ND AVENUE AREA AND OTHER
ANNEXED AREAS"
RESOLUTION NO 187-2002
WHEREAS, general authority law enforcement officers with appropriate training
certificates (or exemptions therefrom) may enforce the traffic or criminal laws any place in the
State "upon the prior written consent of the sheriff or chief of police in whose primary territorial
jurisdiction the exercise of the powers occurs" (RCW 10.93.070(1)), and in "response to a
request for assistance pursuant to a mutual law enforcement assistance agreement with the
agency of primary territorial jurisdiction or in response to the request of a peace officer with
enforcement authority" (RCW 10.93.070(3)); and
WHEREAS, on March 28, 2002, Chief Don Blesio of the City of Yakima Police
Department and Yakima County Sheriff Ken Irwin executed a "Supplemental Mutual Aid Peace
Officer's Powers Agreement Notice of Consent and Mutual Law Enforcement Assistance
Agreement Re: Nob Hill/S. 40th Avenue Area and South 72nd Avenue Area and Other Annexed
Areas." This written consent and mutual law enforcement assistance agreement are made
pursuant to the Washington Mutual Aid Peace Officers Powers Act, RCW 10.93.070(1) and (3),
and the Interlocal Cooperation Act, Chapter 39.34 RCW; and,
WHEREAS, over the past decades, the City of Yakima has annexed a number of areas
using the "petition method" of annexation, including the annexations of the Nob Hill/S. 40th
Avenue area on September 18, 2000, and of the South 72nd Avenue area on January 4, 2002, by
City of Yakima Ordinance Nos. 2000-32, 2001-46 and 2001-66; and,
Resolution 187-2002
Page 1 of 3
WHEREAS, the interests of the public in safety and security in the Nob Hill/S. 40th
Avenue area, the South 72nd Avenue area, and the other annexed areas are very important and
critical. The purpose of the "Supplemental Mutual Aid Peace Officer's Powers Agreement
Notice of Consent and Mutual Law Enforcement Assistance Agreement Re: Nob Hill/S. 40th
Avenue Area and South 72nd Avenue Area and Other Annexed Areas" is to provide for the
public's safety in the annexed areas, and further to provide for the community's interest in the
protection of public safety, the "Supplemental Mutual Aid Peace Officer's Powers Agreement
Notice of Consent and Mutual Law Enforcement Assistance Agreement Re: Nob Hill/ S. 40th
Avenue Area and South 72nd Avenue Area and Other Annexed Areas" discusses which entity
will provide primary law enforcement authority within annexed areas; and,
WHEREAS, it is appropriate for Sheriff Ken Irwin to execute the "Supplemental Mutual
Aid Peace Officer's Powers Agreement Notice of Consent and Mutual Law Enforcement
Assistance Agreement Re: Nob Hill/S. 40th Avenue Area and South 72nd Avenue Area and Other
Annexed Areas," and for his execution of that document on March 28, 2002, to be ratified and
approved, and it is further appropriate for the "Supplemental Mutual Aid Peace Officer's Powers
Agreement Notice of Consent and Mutual Law Enforcement Assistance Agreement Re: Nob
Hill/S. 40th Avenue Area and South 72nd Avenue Area and Other Annexed Areas" to be
approved; now, therefore,
BE IT HEREBY RESOLVED, the attached "Supplemental Mutual Aid Peace Officer's
Powers Agreement Notice of Consent and Mutual Law Enforcement Assistance Agreement Re:
Nob Hill/S. 40th Avenue Area and South 72nd Avenue Area and Other Annexed Areas" is hereby
approved, and the execution by Sheriff Ken Irwin of the "Supplemental Mutual Aid Peace
Officer's Powers Agreement Notice of Consent and Mutual Law Enforcement Assistance
Resolution 187-2002
Page 2 of 3
Agreement Re: Nob Hill/S. 40th Avenue Area and South 72nd Avenue Area and Other Annexed
Areas" is hereby ratified and approved.
Date this :2i" II -day of April, 2002.
oK
o� 0 •�fl
w c1)
4.tt✓,tY`r0
fib- •
30°
Attest: Carla M. W°�
f s sE o
s* c is oA`F�.
Clerk of the Board
Resolution 187-2002
Page 3 of 3
0ona,,jk C3L..—._24--
ld F. Gamache, Chairman
J S. Palacios, Commissioner
/Jkrnes M. LewV'Commi-isioner
Constituting the Board of County Commissioners
for Yakima County, Washington
C
I
TY OI' YA �VA
LEGAL
DEPARTMENT
20Z- 2Z-
200 South Third Street, Yakima, Washington 98901 (509)575-6030 Fax (509)575.6160
PRIVILEGED AND CONFIDENTIAL: COVERED BY THE ATTORNEY-CLIENT AND
ATTORNEY WORK PRODUCT PRIVILEGES
MEMORANDUM
April 9, 2002
TO: Karen Roberts, City Clerk
3 g//
FROM: Brenda Fowler, Legal Assistant V
SUBJ: "Supplemental Mutual Aid Peace Officer's Powers Agreement
Notice of Consent and Mutual Law Enforcement Assistance Agreement
Re: Nob Hill/S. 40th Avenue Area and South 72nd Avenue Area and
Other Annexed Areas"
As you know, the Resolution approving and ratifying the above -entitled
document was adopted by the City Council on April 2, 2002. On April 3, 2002, Helen
Harvey filed the above -entitled original document with the Yakima County Auditor's
Office. The Auditor's Office advised that it will retain the original.
cc: Chief Don Blesio