C ITY OF ACTION 0 Approved

Recommendation 0 Ord. No(s) . 0 Res. No(s). 0 Other

Prepared By' Jeri Williams , hiefof Poli/J)

Reviewed By: City Manager City Attorney...._ B~ Finance

DATE:

TO:

FROM:

August 22, 2014

City Council ~JJ,ff11 Jeri Williams, Chief of Pofc! V Police Department

Meetinq Date: I I 09 09 14 TYPE OF ITEM 0 Info/Consent 0 Report D Public Hearing

(Info/consent) 0 Other

Agenda Item No. 5-'1 Other (Specify)

SUBJECT: Memorandum of Agreement between Commander, Navy Region Southwest and the City of Oxnard

RECOMMENDATION

That City Council approve and authorize the Mayor to execute the Memorandum of Agreement between Commander, Navy Region Southwest and the City of Oxnard, relating to the Oxnard Police Department's response to criminal and/or terrorist incidents at Naval Base Ventura County.

DISCUSSION

The City of Oxnard and Navy Region Southwest previously agreed to a Memorandum of Agreement "MOA'' setting forth the operational understandings between the Navy Region Southwest and the City of Oxnard Police Department regarding responses to certain criminal and/or terrorist incidents on various Naval Base locations within the County of Ventura (collectively Naval Base Ventura County). The previous MOA has expired and a new MOA is required so that these operational understandings and protocols may continue and that incidents at Naval Base Ventura County may be properly responded to according to established procedures.

FINANCIAL IMPACT

None.

Attachment #1- Memorandum of Agreement

CNRSW 5530 N00242-

COM::r:1ANDER, NAVY REGION SOUTHWEST

937 N. HARBOR DRIVE SAN DIEGO,

CA 91932 CITY OF OXNARD

300 WEST THIRD STREET OXNARD, CA 93030

MEMORANDUM OF AGREEMENT BETWEEN

COMMANDER, NAVY REGION SOUTHWEST

AND CITY OF OXNARD

Subj: LAW ENFORCEMENT SUPPORT

Ref: (a) NTTP 3-07.2.1, Antiterrorism

Encl:

(b) NTTP 3-07.2.3, Law Enforcement and Physical Security for Navy Installations

(c) USFF OPORD 3300-09 (d) SECNAVINST 5430.107, Mission and Functions of the

Naval Criminal Investigative Service

(1) Oxnard Jurisdiction Map (2) Point Mugu Jurisdiction Map

1. Purpose. To delineate a protocol between the subscribing officials as representatives of Commander, Navy Region Southwest (CNRSW) at Naval Base Ventura County, Oxnard, Point Mugu and San Nicolas Island, California (hereinafter referred to as NBVC) and the City of Oxnard, relating to the Oxnard Police Department's (hereinafter referred to as OPD) response to criminal and/or terrorist incidents at NBVC, including but not limited to, active shooter, hostage situations, bomb threat or detonation, and any other terrorist attack, as requested by NBVC.

2. Background. NBVC is a geographically disperse U.S. Naval military installation partially located within or abutting the jurisdictional boundaries of the OPD. Per enclosures (1) and (2), the vast majority of NBVC has been designated as "partial jurisdiction . " The remaining areas are designated as either

ATTACH~ENTNo-,,l7~~­PAGE I OF~--~~~

Subj: LAW ENFORCEMENT SUPPORT

"proprietary jurisdiction" or "concurrent jurisdiction." References (a) through (c) encourage the establishment of Memorandums of Agreement with state and local authorities. Reference (d) sets forth the mission and functions of the Naval Criminal Investigative Service (NCIS) and its relationship with other Department of the Navy organizations and local, state and federal law enforcement agencies. Nothing herein shall be inferred or understood as limiting in any way the authority of the NCIS to pursue such investigations or law enforcement actions as are not specifically contemplated hereby but are properly contained within the investigative charter as pronounced by reference (d) .

(1) Partial Federal Jurisdiction - This term is applied in those instances where the Federal Government has been granted, for exercise by it over an area in a State, certain of the State's authority, but where the State concerned has reserved to itself the right to exercise, by itself or concurrently with the United States, other authority constituting more than merely the right to serve civil and criminal process in the area attributable to actions outside the area (e.g., the right to tax private property). The Federal Government has exclusive criminal authority. State and Local law enforcement do not have jurisdiction to investigate and prosecute crimes in these areas.

(2) Proprietary Jurisdiction - This term is applied to those instances wherein the Federal Government has acquired some degree of right to title to an area in a State , but has not obtained any measure of the State's authority over the area. State and Local law enforcement have jurisdiction to investigate and prosecute crimes in these areas.

(3) Concurrent Jurisdiction - This term is applied to those areas wherein the State and Federal Government have the right to exercise concurrently all of the same authority, including the right to investigate and prosecute crimes.

(4) The following describes these areas onboard NBVC:

(a) Oxnard - (see enclosure (1))

1. The area in green is concurrent jurisdiction. The small vertical strip runs from Ventura west to Goodspeed Street, south on Goodspeed to Pleasant Valley Road.

2. The area in blue is

2

proprietary

ATTACH~TNO_\___,,,..--~~ PAGE ~ OF__....1.__~~

Subj: LAW ENFORCEMENT SUPPORT

jurisdiction. The small strip is iocated on the north side of Oxnard at Patterson Road.

3. The rest of Oxnard is partial jurisdiction.

(b) Point Mugu - (see enclosure (2))

1. The area in blue is proprietary jurisdiction.

2. The remaining areas of Point Mugu are partial jurisdiction.

b. OPD jurisdiction borders a portion of NBVC properties where there is proprietary jurisdiction for enforcement of Federal and State laws.

3. Scope. This MOA applies to CNRSW at Naval Base Ventura County, Oxnard, Point Mugu, and San Nicolas Island and sets forth the terms and agreements of the parties concerning a protocol to be followed when NBVC requests the City of Oxnard's Police Department to respond to criminal and/or terrorist incidents at Naval Base Ventura County, Oxnard, Point Mugu, and San Nicolas Island, including but not limited to, active shooter, hostage situations, bomb threat or detonation, and any other terrorist attack. The provisions of this document are intended to facilitate and promote an atmosphere of mutual cooperation between the City of Oxnard and Naval Base Ventura County.

4. Understanding and/or Responsibilities.

a. CNRSW/ NBVC will:

(1) Determine the need for assistance from the OPD and/or other law enforcement agencies at the installation level .

(2) Contact the Department Commander at OPD to request assistance and advise OPD of the circumstances of the incident and the location to which personnel should respond.

b. OPD will:

(1) Upon receipt of the NBVC request for assistance, the Department Commander will immediately contact the ranking Commander and relay the request. The Department Commander may

3 ATIACH~ENT NO__,_, __ _ PAGE j OF_"'?.1----

Subj: LAW ENFORCEMENT SUPPORT

also contact other law enforcement agencies per existing Mutual Aid protocols to obtain resource commitments and assign stand­by positions.

(2) Depending on the availability of personnel and any need to deploy personnel elsewhere, OPD may respond to NBVC in the sole discretion of the Chief of Police or the Chief of Police's designee.

(3) The Chief of Police or the Chief of Police's designee will be solely responsible for determining, and will utilize the standard mutual aid protocol as defined by the Law Enforcement Mutual Aid Plan when determining, the number and type (e.g., SWAT, Bomb Squad, K- 9) of OPD personnel deployed to NBVC facilities.

c. Operational Command. All OPD personnel deployed to NBVC will be under the operational command of the OPD until a Unified Command has been established among the OPD, NBVC and other responding agencies.

d. Training. As soon as practically feasible, the NBVC Force Protection Director and the OPD designee will coordinate training exercises at NBVC o to prepare for potential incidents covered by this MOA.

5. Changes. Changes may be made to this agreement by mutual written consent of both parties, and will be recorded and published as addenda to this agreement.

6. Termination/Expiration. This agreement may be terminated by mutual consent of both parties. Either party may terminate this agreement upon 30 days' prior written notification to the other party. This agreement will remain in effect for six years and will be reviewed triennially.

7 . Other Provisions. Nothing in this agreement is intended t o c onfli c t with curren t l aw , regul ation , or t h e directives of the United States Navy or Department of Defense. If a term of this agreement is inconsistent with such authority, then that term shall be invalid, but the remaining terms and conditions of this agreement shall remain in full force and effect.

8. Effective Date. This MOA will become effective on the date of the last signature .

4 ATIACHMENT NO._'-=----PAGE y OF___,,j __ _

Subj: LAW ENFORCEMENT SUPPORT

9. Indemnification.

a. CNRSW/NBVC shall defend, indemnify, and hold harmless the City of Oxnard, its City Council, officers, agents, and employees from any claim of liability for injury or damage that arises directly or indirectly from any acts or omissions related to this MOA performed by CNRSW/ NBVC officers, agents, or employees acting on behalf of CNRSW/NBVC.

b. The City of Oxnard shall defend, indemnify, and hold harmless CNRSW/ NBVC, its officers, agents, and employees from any claim of liability for injury or damage that arises directly or indirectly from any acts or omissions related to this MOA performed by City officers, agents, or employees acting on City 's behalf.

Tim Flynn, Mayor City of Oxnard

ATTEST:

Daniel Martinez, City Clerk

Date

Date

APPROVED AS TO CONTENT

'J'-_·Au•~ ~1.1 ·1t : WILLIAMS Date

Chief of Police Oxnard Police Department

TO FORM

M. Fischer, Dat e In erim City Attorney

J. J. GALLAGHER Date Comptroller, NRSW

P. J. LORGE Date Rear Admiral, U.S. Navy Commander, Navy Region Southwest

5

RISK

~· Ji'· I"( Date

ATIACHMENT NO _L_ PAGE 5 oF.:...:)__

~

-r-- t

I -~· I

CJ

I m lo 0 I; 0 1; s ~ I ~ ' DETAlL "A"

i ll NOT TO S CA LE PARTIAL JURISDICTION i ~"":'~ . -::-:_·-::-~ -----:---·- , ~ ~- __ _, '::

! <'i:11r )"~m:'Yi. ,.- , ·· ,.- -_:.,-._--,-.- ~:~i~: __ :; ~ --~ -~~~:i~, .. ~.l lJ-l;F;-? ~-:--:-r~~ CONCURRENT JURISDICTIION · _,,.;,f,! ' _ :: ,,;/'/ ,;- --~' Ir:·_,:: 1:;-j '_ii ' 1,: 1 ]; - -- '. • ' '~<:; '" ,,_

/.Y'f' /I "' ,.,,. .. ,.(. 11, ,., _,JI'-~ '· !' ' l~/I ' 11·:p 11 ~ - - \-=,I W I =-'

/ / · , II ),~,:r,~ , ,,, , h.1, . ,,.L"' 'l'" ,1, i R• -0 •1 ~1 j ,£0,~: -~ : il ~&;~<·· h~ .. ~~, -~; ·,:: !"::"-\; ··: itf;.=----·-·t'' :j" -,~ cr• ~; I I PROPRIETORIAL JURismqTION -"'',.. ~' ' · 11 ,,!!'>:c ' · ""'H' :'" 1 :c·.~·-- :•r-·, '• : /

""~£ i A~i~~~,;1{~[C ';i'', ·~ tlf '.-_c~, :::_:~ :c'.~: ,,, :::Z:, iiif '.&;: · JI ::J'':~~~ '-1; ,,

ffi ""~

'

II · ·1

!i ' -y 3: .;:'(:'.:':~k"L'/ ~.!·~:~~·-· ~F-·' E~::f ,;;;;~~t~;~4~~~~~4'~f.'' OET«L .. , , 1 1 • ~ - "_ ,'/ / ,?;{ / .· _ - : ; , ;1,....._-:._ I' ' r .r-:- ~F Y.1·;i 1-:..--;i '~ _ 1...~.!Y:~·~ ·~·efi~ ·~1f1·P't!_•I _ _ , ~=-· , ~ 7 lflll

W~ ~~

~t~*}4~~;~:~~~~.r;~r·' .:; ,. ,.,,,~,~~U~1 t11pJ 1{- - -- ~.~~ - ..:1 1 , • •t ''1 . r.;.1-'t: '~:i:-_-:i1,r 1 -~

1~C~_ L.:_r1--lr--=--'- ---:';~ • :1 1 -->:.;~;;:'.· .... : ~:•,L01 ; I 1;

P~IMETER BOUNDARY (,1~~1 ·~ i-.J Ill I• t3 I :: :; :~~·i,_r- < .. ~~ ; ;, . , I " ...... ,.." I ""'-" I " 1 • u-~ ~ • I .. oo I 3 N 0~20'47" 'll 1~2 .69 33 r b,_ ,...,. ~- · •·• .. ~

~~9Ji\~d1rnI'~5~ _1:_~f~-~i1~~f!-;~'.~ :~r; :·:1

:;;-1;: · : _ . ,; -;1l \,f,_, •• :J 11 £~ ·IJ ,) ~•1 1 lc;'.'.'" - I 1;c.::.·1"lCll .,, 1L7J"' ' 1' · 7J;.;-,. • .';' · .. 1;.i, 11

~~1r~~t~r~~~~1~~'.J · , ... · J tl O"::!d lO- E

S e-;•rd3d' E

N 17"3:/oc.•\'I N o930' 1rt·E S 69'"2il'44•E

S 6S--ZS':i$"E

s rr'td3:t'w s 0'2

12 s 01•!'.S'!!Ja•w

" N B9~6'01•w

14 sa~o9"w

" S 0•13'z;>"E

so9•52'3a"w N45•07'22."W

SS9"'!j2130•w

19 N. o•rSod' W 20 se9•oi7'oo"w 21 S 0•13'~E

~ S o•l:SOO"'E N e!l•47'oo•E

2S S 0•1~oo"E S69-..7'00•\·1

27 S O'"lzo'OCfE ,. Ss:N7'r:xf\'I 29 N O"'~ao"W

S&9'f7'od"w

o:.:.:>c.'::o':,_'":".,;:.,':""c.a.""77!"

4320?3 S941.0 I 3s.\llDI

52"5DI le4:>.2.3

450.GG

4~.sz

.!!.ill. 42400

3000

<'.!1555 30.00

"°""

>1 ,.

42 43

...

... NTr-28' lo'\ W 49 N ()3• l~-29'J E

•o N 27" ~29'1E NOS- 15' 2!f.E .. SW57'46T E N02"43' IZ'E

N4!1'2<2B~E

SS No1•45' 11r w .. N5'<"~o6'E 07 1131;-•5'J'41,•w

sa N54•59' -cif..•E N~Jo'-41rw

SEE DETAIL "B"

133 1.25 !>3'.50

17.00

4"2< COURSE BEARING DISTANCE 60 S 0"12' ~n· E 292.!a ., S GS"3<JZ<;/' VI

ISOOO 62 S 0"12'11• E l.C.O 37&41 R-412.73 b4Cl'od SI(" L•20..'l7G

S.00 64 N ot13'oo" w I $.41

Geat 4 •• rla6'"Z7'~E I Gl!il s o-13'oo" E I :<!l.91

-s--~7'31•E I IOG.:;O

I I

l v:;:;:J

N69232 I R_ SCH1~:1[ll 9/17/20~0

DEPARTMENT or THE "N,\VY Sl\N DIEGO

N,\VF'AC SOUTHl'!f::ST C1\L!F"ORNll\

NAVAL BASE VENTURA COUNTY PGRT HUENEME

VENTURA COUNTY CALIFORNJA

JURISDICTION MAP r __ , .. ,-,,,_-. ~:" r·· "' r•-r. ,.., •. ,, i :i_:~ ! ; .. wl• ro:.lf -- : ~~~~: :.;.) : 1;~ I tn-1;;.~ [, .,,; ;:{i ,.

_,

I

" I )>

z z m r­..., (, , r­,, z Cl co r­< 0

-,, r m )> I/> )>

z -!

' ,, r­.-­m < "' 0 )>

Cl

DETAI L " B" NOTTO SCALE

0 QODSPEED ST

VE NT URA RD

~-~- y "-

<l-

.~ '•

~;_2~~i8_l0_9_ •. 00 ~00 RE a:/02 ()f?1f,J//;l/,f_

g~., I -

Jnmm ~

" ii ~i f= !! H ::

~

g

I ~

: ' 0 ~ .. l:!

o m

:.· ·

•:

DD

I~ \

r ~ , ~

I I

;.. l 0 i

/ "\ I ' i

I /~

I •I

·:l . ?,'?:

~ . - . I

ATIACHMENT NO I PAGE j OF_:J_,__ __