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HomeMy WebLinkAboutStaff Report 4.A 02/04/2013 Itmt/ .A /85a DATE: February 4, 2013 TO: Honorable Mayor and Members of the City Council through City Manager FROM: Patrick Williams, Police Chief Pk() SUBJECT: Resolution Approving Inter-Agency Operations Agreement between the City of Petaluma and Sonoma County Junior College District Regarding Coordination of Law Enforcement Response and Investigation of Part I Violent Crimes on the Santa Rosa Junior College Petaluma Campus, and Authorizing the City Manager to Execute Said Agreement. RECOMMENDATION It is recommended that the City Council adopt the attached Resolution Approving Inter-Agency Operations Agreement between the City of Petaluma and Sonoma County Junior College District regarding Coordination of Law Enforcement Response and Investigation of Part I Violent Crimes on the Santa Rosa Junior College Petaluma Campus, and Authorizing the City Manger to Execute Said Agreement. • BACKGROUND The Petaluma campus of Santa Rosa Junior College ("SRJC") is located at 680 Sonoma Mountain Parkway, within the city limits of the City of Petaluma. The Kristin Smart Campus Safety Act of 1998, California Education Code section 67381 (the "Act"), requires community college districts and local law enforcement agencies to designate operational responsibilities and define specific boundaries for the investigation of willful homicide, forcible rape, robbery and aggravated assault, as defined in the Uniform Crime Reporting Handbook of the Federal Bureau of Investigation("Part I Violent Crimes"). In order to foster a positive rapport and working relationship in the coordination and performance of their respective law enforcement roles on the SRJC Petaluma campus, and as required by the Act, the City and the District have drafted an agreement which defines their respective operational responsibilities and boundaries for the investigation of Part I Violent Crimes that occur on the SRJC Petaluma campus. Agenda Review: 4 I�, City Attorney Finance Dir ctor 2---ettyl/a7nager DISCUSSION The agreement provides that the Petaluma Police Department will have jurisdiction to investigate Part I Violent Crimes occurring within the physical boundaries of the SRJC Petaluma campus, as depicted in the map which is part of the Agreement(See Attachment 2). The obligations of the Petaluma Police Department to respond to incidents on the SRJC Petaluma campus pursuant to the Agreement are expressly subject to and if necessary, limited by available personnel, equipment and resources of the Police Department. The Agreement recognizes that the primary duty of the Police Department is to first allocate resources to events within the City and not on the SRJC Petaluma campus. The agreement may be terminated by either party on 30 days' notice. FINANCIAL IMPACTS Under the Agreement and pursuant to Education Code section 67381(f),the District will reimburse the City for all costs incurred by the Police Department in the performance of its services under the Agreement. The City will bill the District monthly for all such costs. A review of past history shows minimal impact on workload demand and attendant costs. ATTACHMENTS 1. Resolution Approving Inter-Agency Operations Agreement RESOLUTION APPROVING INTER-AGENCY OPERATIONS AGREEMENT BETWEEN THE CITY OF PETALUMA AND SONOMA COUNTY JUNIOR COLLEGE DISTRICT REGARDING COORDINATION OF LAW ENFORCEMENT RESPONSE AND INVESTIGATION OF PART I VIOLENT CRIMES ON THE SANTA ROSA JUNIOR COLLEGE PETALUMA CAMPUS,AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT WHEREAS, the Petaluma campus of Santa Rosa Junior College ("SRJC") is located at 680 Sonoma Mountain Parkway, Petaluma, California, within the city limits of the City of Petaluma; and WHEREAS, the Kristin Smart Campus Safety Act of 1998, California Education Code section 67381 (the "Act"), requires community college districts and local law enforcement agencies to designate operational responsibilities and define specific boundaries for the investigation of willful homicide, forcible rape, robbery and aggravated assault, as defined in the Uniform Crime Reporting Handbook of the Federal Bureau of Investigation ("Part I Violent Crimes"); and WHEREAS, in order to foster a positive rapport and working relationship in the coordination and performance of their respective law enforcement roles on the SRJC Petaluma campus and as required by the Act, the City of Petaluma("City") and the Sonoma Junior College District ("District") have agreed to define their respective operational responsibilities and boundaries for the investigation of Part I Violent Crimes that occur on the SRJC Petaluma campus in a written agreement a copy of which is attached hereto as Exhibit A and incorporated herein by reference("the Agreement"). NOW THEREFORE,BE IT RESOLVED by the City Council of the City of Petaluma that the agreement between the City and the District attached as Exhibit A to this resolution is hereby approved, and the City Manager is authorized to execute said Agreement 1970045.1 3 INTER-AGENCY OPERATIONS AGREEMENT This Inter-Agency Operations Agreement ("Agreement"), between the Sonoma County Junior College District, acting by and through the Sonoma County Junior College District Police Department ("District"), and the City of Petaluma, acting by and through the City of Petaluma Police Department ("City"), is made as of this day of , 20 . RECITALS A. The Kristin Smart Campus Safety Act of 1998, California Education Code section 67381 (the"Act") requires community college districts and local law enforcement agencies to designate operational responsibilities and define specific boundaries for the investigation of willful homicide, forcible rape, robbery and aggravated assault, as defined in the Uniform Crime Reporting Handbook of the Federal Bureau of Investigation("Part I Violent Crimes"). B. The Petaluma Campus of Santa Rosa Junior College is located within the territorial jurisdiction of the City of Petaluma. C. As required by the Act, the parties would like to designate their respective operational responsibilities and define the boundaries for the investigation of Part I Violent Crimes that occur on the Petaluma Campus of Santa Rosa Junior College, which is part of the Sonoma County Junior College District, and located at 680 Sonoma Mountain Parkway, Petaluma, California. D. The parties intend to maintain a positive rapport and working relationship in the coordination and performance of their respective law enforcement roles on the Petaluma Campus of Santa Rosa Junior College. NOW,THEREFORE, the parties agree as follows: 1. For purposes of this Agreement, the Petaluma Police Department jurisdiction for investigation of the Part I Violent Crimes on the Petaluma campus of Santa Rosa Junior College shall be co-terminous with the physical boundaries of the Petaluma Campus of Santa Rosa Junior College, which is within the territorial jurisdiction of the City of Petaluma and the Petaluma Police Department. A copy of a map delineating the City of Petaluma's jurisdictional boundaries, which are also the jurisdictional boundaries for the investigation of Part I Violent Crimes by the Petaluma Police Department, is attached hereto as Exhibit A. 2. The District Police Department shall be the primary law enforcement authority and shall be responsible for law enforcement responses and investigations of criminal activity on the Petaluma Campus of Santa Rosa Junior College, except that the Petaluma Police Department shall be the primary operational agency in the investigation of the Part I Violent Crimes when these crimes are perpetrated within the territorial jurisdiction of the City of Petaluma and the Petaluma Police Department. 1 3. The obligation of the Petaluma Police Department to respond to and/or investigate Part I Violent Crimes on the Petaluma Campus of Santa Rosa Junior College pursuant to this Agreement shall be subject to and limited by the personnel, equipment and other resources of the Petaluma Police Department available at the time of the crime or incident , and to the Petaluma Police Department's primary duty to respond and allocate resources to criminal activity, complaints and incidents arising within the City of Petaluma and not within the Santa Rosa Junior College campus. 4. The District Police Department shall provide assistance in the investigation of Part I Violent Crimes occurring on the Petaluma Campus of Santa Rosa College at the request of the Petaluma Police Department. 5. The Petaluma Police Department will provide assistance to the District Police Department in the form of investigative services, evidence collection and processing for Part I Violent Crimes and other crimes upon request by the District Police Department. 6. Implementation of this Agreement: a. Officers from the District Police Department shall be responsible for documenting the occurrence of a Part I Violent Crime in an initial crime case report for such crimes that occur on the Petaluma Campus of Santa Rosa Junior College. b. The District Police Department shall provide copies of crime case reports to the Petaluma Police Department for all cases to be investigated by the Petaluma Police Department as soon as practical. Such crime reports and other investigative information exchanged between the parties under this Agreement shall be confidential in accordance with California Government Code section 6254.5(e) and other applicable law. c. A supervisor from the District Police Department shall notify the on duty Petaluma Police Department Lieutenant or on-call Lieutenant as soon as possible in those instances when this Agreement will be invoked. The Petaluma Police Department dispatch center shall facilitate the notification. d. The Petaluma Police Department will have primary responsibility for all press releases regarding criminal investigations involving Part I Violent Crimes that occur on the Petaluma Campus of Santa Rosa Junior College. e. Pursuant to Education Code section 67381(f), the District agrees to reimburse the City of Petaluma Police Department for all costs associated with its performance of services under this Agreement. The City of Petaluma will bill the District monthly for all such costs. 7. This Agreement may be terminated by either party after giving thirty (30) days' written notice of intent to terminate to the other party. 8. This Agreement is not intended to affect the legal liability of any of the parties by imposing a standard of care other than the standard of care that applies by law. No 2 party or representative, official, officer, employee, agent or volunteer of a party is responsible for any damage or liability that results from anything the other party or an official, officer, employee, agent or volunteer of that other party does or fails to do concerning this Agreement. In accordance with California Government Code section 895.4, each party agrees to indemnify, defend and hold harmless the other party and its officers, officials, employees, agents and volunteers from and against any and all liability. loss, damage, claims, expenses and costs (including, but not limited to, all reasonable attorneys' fees and costs and fees of litigation and other proceedings) that result from anything such indemnifying party or its officials, officers, employees, agents or volunteers does or fails to do concerning this Agreement. 9. This Agreement supersedes all previous agreements and shall become effective on the date it is made above. 10. Any notice, submittal or communication required or permitted to be served on a party may be served by personal delivery to the person or the office of the person identified below. Service may also be made by mail, by placing first-class postage, and addressed as indicated below, and depositing in the United States mail to: City R epresentative: kkr■ok Police Chief City of Petaluma 969 Petaluma Blvd. North Petaluma, CA 94952 (707) 778-4372 District Representative: Lieutenant Dave Willat SRJC District Police Department 1501 Mendocino Ave. Santa Rosa, CA 95401 (707) 524-1820 Executed as of the day and year first above stated. Dougfas Roberts John C. Brown Vice President, Business Services City Manager Sonoma County Junior College District City of Petaluma 1745796.6 3 r; EXHIBIT A , r ,VAII 1 ig " - 'Al / . 0 W All,*4 /1.* "i_ Al& ERN,tt , i (4:,1 ri_14., ittyt # s Iww _ doisi f .1,1 4 4 *0-e'• ) Atof 1 11),16.