02-0701_ORANGE, COUNTY OF_3rd Amd to Agreement2
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THIRD AMENDMENT TO AGREEMENT
BETWEEN THE
CITY OF SAN JUAN CAPISTRANO
AND THE
COUNTY OF ORANGE
THIS THIRD AMENDMENT TO AGREEMENT is entered into this First
day of July 2002, which date is enumerated for purposes of reference only, by and
between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "CITY",
and the COUNTY OF ORANGE, a political subdivision of the State of California,
hereinafter referred to as "COUNTY", to amend, effective July 1, 2002, that certain
Agreement between the parties commencing July 1, 2000, hereinafter referred to as
the "Agreement".
1. REGULAR SERVICES BY COUNTY
For the period July 1, 2002, through June 30, 2003, Subsection C-4 of the
Agreement is amended to read as follows:
'A. The level of service, other than for licensing, to be provided by the COUNTY for
the period July 1, 2002 through June 30, 2003, shall be as follows:
Supervision:
• One (1) Lieutenant (40 hours per week)
• Four (4) Sergeants (one Sergeant equals 40 hours per week)
Investigation Services:
Two (2) Investigators (each 80 hours per two-week pay period)
Patrol/Traffic Services:
Fifteen (15) designated one -deputy units
(40 hours per week, per unit)
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1 • Three (3) designated motorcycle units
2 (40 hours per week, per unit)
3 Deployment to be determined by SHERIFF in cooperation with CITY manager.
4 Community Support Unit:
5 • Three (3) Deputy Sheriff II's (each 40 hours per week)
6 Parking Control:
7 • Two (2) Community Services Officers (each 40 hours per week)
s Shared Staff South County Regional Support Services:
s • 6.68 percent of one (1) Investigator
10 • 6.22 percent of one (1) Sergeant - Traffic
11 • 6.22 percent of three (3) Deputy Sheriff [I's - Traffic
12 • 6.22 percent of two (2) Investigative Assistants - Traffic
13 • 13.80 percent of two (2) Investigative Assistants — South Court
14 • 6.22 percent of one (1) Office Specialist — Traffic
15 • 6.68 percent of one and one half (1.5) Office Specialists
16 • 11.54 percent of one half of one (.5) Motorcycle Sergeant
17 2. For the period of July 1, 2002 through June 30, 2003, Subsections G-2 and G-3 of
18 the Agreement are amended to read as follows:
19 "2. Unless the level of service described in Subsection C-4 is increased or
20 decreased, the cost of services described in Subsection C-4 of this Agreement,
21 other than Licensing Services, to be provided by the COUNTY for the period
22 July 1, 2002 through June 30, 2003, shall be as follows:
23 SERVICE COST OF SERVICE
24 Patrol/Traffic Services:
25 Fifteen (15) Patrol Units
26 @ $154,480/units $2,317,200
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SERVICE
• Three (3) Motorcycle Patrol Units
@ $148,957/Unit
Community Support Unit:
• Three (3) Deputy Sheriff H's
@ $146,336/each
Investigation Services:
• Two (2) Investigators
@ $174,886/each
Supervision:
• One (1) Lieutenant
@ $195,732/each
• Four (4) Sergeants
@ $175,014/each
Parking Control:
• Two (2) Community Services Officers
@ $80,189/each
South County Regional Support:
• 6.68% of one (1) Investigator
@ $138,390/each
• 6.22% of one (1) Sergeant - Traffic
@ $177,137/each
• 6.22% of three (3) Deputy Sheriff II's - Traffic
@ $133,581/each
• 6.22% of one (1) Office Specialist - Traffic
@ $54,462/each
• 6.22% of two (2) Investigative Assistants -Traffic
@ $64,421 /each
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COST OF SERVICE
$ 446,871
$ 439,008
$ 349,772
$ 195,732
$ 700,056
$ 160,378
$ 9,244
$ 24,927
$ 3,388
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SERVICE COST OF SERVICE
• 13.80% of two (2) Investigative Assistants — South Court
@ $64,020/each $ 17,671
• 6.68% of one and one half (1.5) Office Specialists - Traffic
@ $54,462/each $ 5,456
• 11.54% of one half of one (5) Motorcycle Sergeant
@ $183,037/each $ 10,560
Other Charges and Credits: $ 128,356
Charges: Contract Management; premium pay for
bilingual staff; annual leave, vacation, on-call and
holiday pay; mileage interest; camera replacement,
and shared difference of an Investigator and
Sergeant, Deputy Sheriff II overtime.
Credits: False alarm fees; reimbursement for training
and miscellaneous programs; employee contribution
for retirement.
TOTAL COST OF SERVICES 4.827.851
3. Unless the level of service described in Subsection C-4 is increased or
decreased, the Maximum Obligation of CITY for services, other than
Licensing Services, that are referenced in Subsection C-4 of this Agreement
and rendered by COUNTY between July 1, 2002 and June 30, 2003, is
$4,827,651."
3. For services rendered during the period July 1, 2002 through June 30, 2003
Subsection G-4 of the Agreement shall be inoperative.
4. Effective July 1, 2002, Section M of the Agreement is amended to read as follows:
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"TRAFFIC VIOLATOR APPREHENSION PROGRAM
COUNTY has established a Traffic Violator Apprehension Program ["the
Program"], which is operated by SHERIFF, and is designed to reduce vehicle
accidents caused by unlicensed drivers and drivers whose licenses are
suspended and to educate the public about the requirements of the Vehicle
Code and related safety issues with regard to driver licensing, vehicle
registration, vehicle operation, and vehicle parking. The Program operates
throughout the unincorporated areas of the COUNTY and in the cities that
contract with COUNTY for SHERIFF's law enforcement services, without regard
to jurisdictional boundaries, because an area -wide approach to reduction of
traffic accidents and driver education is most effective in preventing traffic
accidents. In order for CITY to participate in the Program, CITY has adopted a
fee pursuant to Vehicle Code section 22850.5, in the amount and under the
terms and conditions set forth in the resolution that is attached hereto as
Exhibit D and incorporated into this Agreement by reference, and has directed
that the revenue from such fee be used for the Program. CITY's participation in
the Program may be terminated at any time by rescission or amendment of the
resolution that is attached hereto as Exhibit D.
COUNTY will make available for review, at the request of CITY, all financial
data related to the Program as may be requested by CITY.
Fee revenue generated by COUNTY and participating cities will be used to fund
the following positions, which will be assigned to the Program:
• One Sergeant
(40 hours per week)
One Information Processing Specialist
(40 hours per week)
One Deputy Sheriff II
(40 hours per week)
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• One Investigative Assistant
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(40 hours per week)
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In the event the fees adopted by COUNTY, CITY and other participating
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jurisdictions are not adequate to continue operation of the Program at the level
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at which it operated previously, COUNTY, at the option of CITY, will reduce the
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level of Program service to be provided to CITY or will continue to provide the
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existing level of Program services. COUNTY will charge CITY the cost of any
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Program operations that exceed the revenue generated by fees. Such charges
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shall be in addition to the Maximum Obligation of CITY set forth in Subsection
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G-3 of this Agreement. The amount of any revenue shortfall charged to CITY
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will be determined, at the time the revenue shortfall is experienced, according
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to CITY's share of Program services rendered. In the event of a reduction in
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level of Program service, termination of Program service or adjustment of costs,
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the parties shall execute an amendment to this Agreement so providing.
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Decisions about how to reduce the level of Program service provided to CITY
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shall be made by SHERIFF with the approval of CITY."
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5.
All other provisions of the Agreement, as previously amended, to the extent that
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they are not in conflict with this THIRD AMENDMENT TO AGREEMENT, remain
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unchanged.
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IN WITNESS WHEREOF, the parties have executed the THIRD
AMENDMENT TO AGREEMENT in the County of Orange, State of California.
DATED: '� - I& -0 -;L—
CITY OF SAN JUAN CAPISTRANO
City Clerk
BY�gate
Diane Baaye
APPROVED AS TO FORM:
BY:
City Attorney
DATED: 67 - 25--0-2-
COUNTY
5-'UZ
COUNTY OF ORANGE
BY:
47 Chair of the Boarof"""
Supervisors
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOAR
BY: t` / -
Darlene J. Bloom RN�P�
Clerk of the Board of Supervise
of Orange County, California
APPROVED AS TO FORM:
Benjamin P. de Mayo, County Counsel
Orange County, California
BY:
Deputy
DATED:
6/25/02
Page 7 of 7
• EXHIBIT D
RESOLUTION NO. 00-7-18-4
ORANGE COUNTY SHERIFFS DEPARTMENT TRAFFIC VIOLATOR
APPREHENSION PROGRAM
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AUTHORIZING PARTICIPATION IN THE
ORANGE COUNTY SHERIFFS DEPARTMENT TRAFFIC VIOLATOR
APPREHENSION PROGRAM
WHEREAS, the City of San Juan Capistrano contracts with the Orange
County Sheriffs Department for law enforcement services; and,
WHEREAS, as a contract City, San Juan Capistrano is eligible to participate
in the County's new Traffic Violator Apprehension Program; and,
WHEREAS, the goals of the Traffic Violator Apprehension Program are to
reduce the number of collisions involving suspended or unlicensed drivers, to reduce the
number of hit and run collisions, to establish a public education program to deter violators,
and to establish a cost recovery system to pay for continued enforcement; and,
WHEREAS, the Traffic Violator Apprehension Program is funded by a Traffic
Safety Grant from the State of California and on-going revenues will be generated from the
collection of vehicle impound fees within the unincorporated areas of the County and
participating cities that contract for law enforcement services with the Orange County
Sheriffs Department; and,
WHEREAS, the County Board of Supervisors has established a fee of $50
for each vehicle towed/stored/impounded as a result of negligent operation of a vehicle and
a $152 fee for each vehicle impounded for 30 days, based on the actual administrative
costs forthe identification and apprehension of drivers with suspended or revoked licenses
or unlicensed motorists; and,
WHEREAS, all of the impound fees will be collected by the County anc
deposited into a Traffic Violator Apprehension Fund for use by this program exclusively.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano does hereby resolve, determine and order as follows:
SECTION 1. Authorize the City of San Juan Capistrano to participate in the
Traffic Violator Apprehension Fund; and,
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ATTEST:
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SECTION 2. The City Clerk shall certify to the adoption of this resolution.
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PASSED, APPROVED, AND ADOPTED this 18th day of July, 2000.
OLLE AMP BEL , MAYOR
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Resolution No. 00-7-18-4, adopted by the City Council of the City of San Juan Capistrano,
x California, at a regular meeting thereof held on the 18th day of July, 2000, by the following
vote:
AYES: Council Members Bathgate, Greiner, dart, Swerdlin
and Mayor Campbell
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JOH9SOK, CITY CLERK
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