21-0501_ORANGE, COUNTY OF_1st Amd to Law Enforcement Agreement
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FIRST AMENDMENT TO AGREEMENT
BETWEEN THE
CITY OF SAN JUAN CAPISTRANO
AND THE
COUNTY OF ORANGE
THIS FIRST AMENDMENT TO AGREEMENT, entered into this First
day of May 2021, 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, 2021, that certain
Agreement between the parties commencing July 1, 2020, hereinafter referred to as
the “Agreement”.
1. For the period July 1, 2021 through June 30, 2022, REGULAR SERVICES BY
COUNTY, Subsections C-4 and C-10 of the Agreement are amended to read as
follows:
“C-4. The level of service, other than for licensing, to be provided by the
COUNTY for the period July 1, 2021 through June 30, 2022, is set forth in
Attachment A and incorporated herein by this reference.
C-10. With the limitations set forth below, SHERIFF, on behalf of COUNTY, and
CITY Manager, on behalf of CITY, are authorized to execute written
amendments to this Agreement to increase or decrease the level of service
set forth in Attachment A, when SHERIFF and CITY Manager mutually agree
that such increase or decrease in the level of service is appropriate. Any
such amendment to the Agreement shall concomitantly increase or decrease
the cost of services payable by CITY set forth in Attachment C and
incorporated herein by this reference, and the Maximum Obligation of CITY
set forth in Subsection G-2, in accordance with the current year’s COUNTY
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law enforcement cost study. SHERIFF and CITY Manager shall file copies
of any such amendments to this Agreement with the Clerk of COUNTY’s
Board of Supervisors and CITY’s Clerk. Amendments to this Agreemen t
executed by SHERIFF and CITY Manager may not, in the aggregate,
increase or decrease the cost of services payable by CITY by more than one
percent (1%) of the total cost originally set forth in Attachment C and the
Maximum Obligation originally set forth in Subsection G-2 for FY 2021-22.
Prior approval by COUNTY’s Board of Supervisors and CITY’s Council is
required before execution of any amendment that brings the aggregate total
of changes in costs payable by CITY to more than one percent (1%) of the
total cost originally set forth in Attachment C and the Maximum Obligation
originally set forth in Subsection G-2 for FY 2021-22.”
2. Effective July 1, 2021, REGULAR SERVICES BY COUNTY, Subsection C -7 of the
Agreement is amended to read as follows:
“C-7. During emergencies, such as a mutual aid situation, SHERIFF will attempt
to leave in CITY the Captain in charge of CITY Police Services. If SHERIFF
determines that the Captain is needed elsewhere, SHERIFF will notify
CITY’s Manager within four (4) hours. SHERIFF will return the Captain to
CITY as soon as possible once the emergency situation is under control.”
3. Effective July 1, 2021, Attachment B (Licensing) to the Agreement is amended to
include the City’s current Licensing Ordinances. Attachment B, as amended and
attached hereto, is incorporated in the Agreement by this reference.
4. For the period July 1, 2021 through June 30, 2022, PATROL VIDEO SYSTEMS,
Subsection E-3 of the Agreement is amended to read as follows:
“E-3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition and
installation of Patrol Video Systems that are or will be mounted in patrol
vehicles assigned to CITY, and b) recurring costs, as deemed necessary by
COUNTY, including the costs of maintenance and contributions to a fund for
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replacement and upgrade of such PVS when they become functionally or
technologically obsolete.
The costs to be paid by CITY for recurring costs, including maintenance and
replacement/upgrade of PVS, are included in the costs set forth in
Attachment C and the Maximum Obligation of CITY set forth in Subsection
G-2 of this Agreement unless CITY has already paid such costs. CITY shall
not be charged additional amounts for maintenance or replacement/upgrade
of said PVS during the period July 1, 20 21 through June 30, 2022.”
5. For the period July 1, 2021 through June 30, 2022, PAYMENT, Subsection s G-2,
G-3, G-5 and G-8, of the Agreement are amended to read as follows:
“G-2. Unless the level of service as set forth in Attachment C, is increased or
decreased by mutual agreement of the parties, or CITY is required to pay
for increases as set forth in Subsection G-3, the Maximum Obligation of
CITY for services set forth in Attachment C of this Agreement, other than
Licensing Services, to be provided by the COUNTY for th e period
July 1, 2021 through June 30, 2022 shall be $11,292,313, as set forth in
Attachment A. The overtime costs included in the Agreement are only an
estimate. COUNTY shall notify CITY of actual overtime worked during
each fiscal year. If actual overtime worked is above or below budgeted
amounts, billings will be adjusted accordingly at the end of the fiscal year.
Actual overtime costs may exceed CITY’s Maximum Obligation.
G-3a. At the time this Agreement is executed, there may be unresolved issues
pertaining to potential changes in salaries and benefits for COUNTY
employees. The costs of such potential changes are not included in the
FY 2021-22 cost set forth in Attachment C nor in the FY 2021-22 Maximum
Obligation of CITY set forth in Subsection G-2 of this Agreement. If the
changes result in the COUNTY incurring or becoming obligated to pay for
increased cost for or on account of personnel whose costs are included in
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the calculations of costs charged to CITY hereunder, CITY shall pay
COUNTY, in addition to the Maximum Obligation set forth in Subsection G -2
of this Agreement, the full costs of said increases to the extent such
increases to the extent such increases are attributable to work performed by
such personnel during the period July 1, 2021 through June 30, 2022, and
CITY’s Maximum Obligation hereunder shall be deemed to have increased
accordingly. CITY shall pay COUNTY in full for such increases on a pro -
rata basis over the portion of the period between July 1, 2021 and
June 30, 2022 remaining after COUNTY notifies CITY that increases are
payable.
If the changes result in the COUNTY incurring or becoming obligated to pay
for decreased costs for or on account of personnel whose costs are
included in the calculations of costs charged to CITY hereunder, COUNTY
shall reduce the amount owed by the CITY to the extent such decreases
are attributable to work performed by such personnel during the period
July 1, 2021 through June 30, 2022, and CITY’s Maximum Obligation
hereunder shall be deemed to have decreased accordingly. COUNTY shall
reduce required payment by CITY in full for such decreases on a pro -rata
basis over the portion of the period between July 1, 20 21 and
June 30, 2022 remaining after COUNTY notifies CITY that the Maximum
Obligation has decreased.
G-3b. If CITY is required to pay for increases as set forth in Subsection G-3a
above, COUNTY, at the request of CITY, will thereafter reduce the level of
service to be provided to CITY as set forth in Attachment C of this
Agreement to a level that will make the Maximum Obligation of CITY
hereunder for the period July 1, 2021 through June 30, 2022 an amount
specified by CITY that is equivalent to or higher than the Maximum
Obligation set forth in Subsection G-2 for said period at the time this
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Agreement originally was executed. The purpose of such adjustment of
service levels will be to give CITY the option of keeping its Maximum
Obligation hereunder at the pre-increase level or at any other higher or
lower level specified by CITY. In the event of such reduction in level of
service and adjustment of costs, the parties shall execute an amendment to
this Agreement so providing. Decisions about how to reduce the level of
service provided to CITY shall be made by SHERIFF with the approval of
CITY.
G-5. COUNTY shall invoice CITY monthly, one-twelfth (1/12) of the Maximum
Obligation of CITY. If a determination is made that increases described in
Subsection G-2 must be paid, COUNTY thereafter shall include the pro-rata
charges for such increases in its monthly invoices to CITY for the balance
of the period between July 1, 20 21 and June 30, 2022.
G-8. As payment for the Licensing Services described in Subsection C -8 of this
Agreement, COUNTY shall retain all fees paid by applicants to the County
for licenses, pursuant to CITY ordinances listed in Attachment B hereto.
Retention of said fees by COUNTY shall constitute payment in full to
COUNTY for costs incurred by COUNTY in performing the functions related
to licensing described in Subsection C-8; provided, however, that if any of
said fees are waived or reduced by CITY, CITY shall pay to COUNTY the
difference between the amount of fees retained by COUNTY and the fees
that were set forth in the ordinances listed in Attachment B as of
July 1, 2021. Should CITY increase the fee schedule for the licensing
ordinances set forth in Attachment B, either party shall have the right to
seek amendment of this Agreement with respect to the division of the
increased fees between CITY and COUNTY.”
6. Effective July 1, 2021, TRAFFIC VIOLATOR APPREHENSION PROGRAM,
Subsection M-1 of the Agreement is amended to read as follows:
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“M-1. 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 licensin g,
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 fees pursuant to Vehicle Code section 22850.5, in the
same amount as approved by COUNTY, as set forth in the TVAP resolution
that is attached to this Agreement as Attachment F 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 TVAP resolution
that is attached to this Agreement as Attachment F. In the event CITY 1)
amends said TVAP resolution, or rescinds said TVAP resolution an d adopts
a new TVAP resolution pertaining to the above-referenced fees and the
Program, and 2) remains a participant in the Program thereafter, CITY’s
Manager, on behalf of CITY, and SHERIFF, on behalf of COUNTY, have
authority to execute an amendment to this Agreement to substitute CITY’s
amended or new TVAP resolution for Attachment F to the Agreement, as
long as said amendment to this Agreement does not materially change any
other provision of this Agreement. As COUNTY updates its fees for the
Program periodically, COUNTY will provide written notice to CITY of the
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updated fees. CITY’s participation in the Program will terminate if CITY
determines not to adopt the updated fees for the Program.”
7. For the period July 1, 2021 through June 30, 2022, MOBILE DA TA
COMPUTERS, Subsection N-3, of the Agreement is amended to read as
follows:
“N-3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition
and installation of MDCs that are or will be mounted in patrol vehicles and
motorcycles assigned to CITY, and b) recurring costs, as deemed
necessary by COUNTY, including the costs of maintenance and
contributions to a fund for replacement and upgrade of such MDCs when
they become functionally or technologically obsolete.
The costs to be paid by CITY for re curring costs, including maintenance
and replacement/upgrade of MDCs, are included in the costs set forth in
Attachment A and the Maximum Obligation of CITY set forth in Subsection
G-2 of this Agreement unless CITY has already paid such costs. CITY shall
not be charged additional amounts for maintenance or
replacement/upgrade of said MDCs during the period July 1, 20 21 through
June 30, 2022.”
8. For the period July 1, 2021 through June 30, 2022, E -CITATION UNITS,
Subsection O-3, of the Agreement are amended to read as follows:
“O-3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition of
E-Citation units that are assigned to CITY, and b) recurring costs, as
deemed necessary by COUNTY, including the costs of maintenance and
contributions to a fund for replacement and upgrade of such E -Citation units
when they become functionally or technologically obsolete.
The costs to be paid by CITY for recurring costs, including maintenance
and replacement/upgrade of E-Citation units, are included in the costs set
forth in Attachment A and the Maximum Obligation of CITY set forth in
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Subsection G-2 of this Agreement unless CITY has already paid such
costs. CITY shall not be charged additional amounts for maintenance or
replacement/upgrade of said E-Citation units during the period July 1, 2021
through June 30, 2022.”
9. All other provisions of the Agreement, to the extent that they are not in conflict with
this FIRST AMENDMENT TO AGREEMENT, remain unchanged.
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ATTACHMENT A
LEVEL OF SERVICE PROVIDED BY SHERIFF:
Title Detail Quantity Frequency
MANAGEMENT:
Captain 1.00
SUPERVISION:
Sergeant Patrol 4.00 each, 80 hrs./ per two wk. pay period
Sergeant Administrative 1.00 80 hrs./ per two wk. pay period
INVESTIGATION SERVICES:
Investigator 2.00 each, 80 hrs./ per two wk. pay period
PATROL AND TRAFFIC SERVICES*:
Deputy Sheriff II -Patrol Patrol 15.00 each, 80 hrs./ per two wk. pay period
Deputy Sheriff II -Motor Motorcycle 2.00 each, 80 hrs./ per two wk. pay period
ADDITIONAL SERVICES*:
Crime Prevention Specialist Crime Prevention 1.00 80 hrs./ per two wk. pay period
Community Services Officer Parking Control 2.00 each, 80 hrs./ per two wk. pay period
Deputy Sheriff II Community Support 1.00 80 hrs./ per two wk. pay period
Deputy Sheriff II DET 1.00 80 hrs./ per two wk. pay period
Cadet Extra Help 1,039 hours
TOTAL 30.00
* Deployment to be determined by SHERIFF in cooperation with CITY Manager
REGIONAL / SHARED STAFF:
Title Regional Team Quantity % Allocation
TRAFFIC:
Sergeant Traffic 0.60 5.83%
Deputy Sheriff II Traffic 4.00 5.83%
Investigative Assistant Traffic 2.00 5.83%
Office Specialist Traffic 1.00 5.83%
AUTO THEFT:
Sergeant Auto Theft 0.30 4.40%
Investigator Auto Theft 2.00 4.40%
Investigative Assistant Auto Theft 1.00 4.40%
Office Specialist Auto Theft 1.00 4.40%
DET:
Sergeant DET 1.00 8.08%
Investigator DET 1.00 8.08%
COURTS:
Investigative Assistant Courts 2.00 18.78%
MOTORCYCLE (shared Supervision):
Sergeant Motorcyle Supervision 1.00 8.00%
TOTAL 16.90
"REGULAR SERVICES BY COUNTY"
(Subsection C-4)
CITY OF SAN JUAN CAPISTRANO
ORANGE COUNTY SHERIFF-CORONER
FY 2021-22 LAW ENFORCEMENT CONTRACT
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ATTACHMENT B
CITY OF SAN JUAN CAPISTRANO
ORDINANCE NO. 1055 (5-24.01 MC)
ORDINANCE NO. 417 (5-18.02 MC)
LICENSING
JUNK COLLECTOR
JUNK DEALER
MASSAGE ESTABLISHMENTS
SECONDHAND DEALER (Pawnbroker)
ATTACHMENT C
COST OF SERVICES PROVIDED BY SHERIFF (Subsection G-2):
Title Detail Quantity
Cost of Service
(each)
Cost of Service
Total
MANAGEMENT:
Captain 1.00 435,561$ 435,561$
SUPERVISION:
Sergeant Patrol 4.00 364,762$ 1,459,048$
Sergeant Administrative 1.00 364,762$ 364,762$
INVESTIGATION SERVICES:
Investigator 2.00 367,231$ 734,462$
PATROL AND TRAFFIC SERVICES:
Deputy Sheriff II -Patrol Patrol 15.00 302,503$ 4,537,545$
Deputy Sheriff II -Motor Motorcycle 2.00 307,659$ 615,318$
ADDITIONAL SERVICES:
Crime Prevention Specialist 1.00 116,002$ 116,002$
Community Services Officer Parking Control 2.00 138,984$ 277,968$
Deputy Sheriff II Community Support 1.00 302,503$ 302,503$
Deputy Sheriff II DET 1.00 302,503$ 302,503$
Cadet Extra Help 32,713$
TOTAL POSITIONS 30.00 9,178,385$
REGIONAL / SHARED STAFF:
Title Regional Team Quantity % Allocation Cost $
TRAFFIC:
Sergeant Traffic 0.60 5.83%17,325$
Deputy Sheriff II Traffic 4.00 5.83%84,537$
Investigative Assistant Traffic 2.00 5.83%17,606$
Office Specialist Traffic 1.00 5.83%6,684$
AUTO THEFT:
Sergeant Auto Theft 0.30 4.40%6,522$
Investigator Auto Theft 2.00 4.40%30,284$
Investigative Assistant Auto Theft 1.00 4.40%6,577$
Office Specialist Auto Theft 1.00 4.40%4,987$
DET:
Sergeant DET 1.00 8.08%34,909$
Investigator DET 1.00 8.08%31,926$
COURTS:
Investigative Assistant Courts 2.00 18.78%56,158$
MOTORCYCLE (shared Supervision):
Sergeant Motorcyle Supervision 1.00 8.00%30,979$
TOTAL REGIONAL/SHARED 16.90 328,494$
OTHER CHARGES AND CREDITS (Subsection G-2):
OTHER CHARGES:
CREDITS:
TOTAL OTHER CHARGES AND CREDITS 1,785,434$
TOTAL COST OF SERVICES (Subsection G-2)11,292,313$
ORANGE COUNTY SHERIFF-CORONER
FY 2021-22 LAW ENFORCEMENT CONTRACT
CITY OF SAN JUAN CAPISTRANO
"PAYMENT"
(Subsection G-2)
Credits include: AB109 (2011 Public Safety Realingment); estimated vacancy credits; false alarm fees reimbursement; reimbursement
for training and miscellaneous programs; and retirement rate discount for FY 2021-22; reimbursement for restitution.
Other Charges include: Annual leave paydowns and apportionment of cost of leave balances paid at end of employment; contract
administration; data line charges; E-Citation recurring costs for two (2) units; Enhanced helicopter response services; facility lease;
holiday pay; Integrated Law & Justice of Orange County fees; Mobile Data Computer (MDC) recurring cost for eighteen (18) units;
overtime; patrol training cost allocation; Patrol Video System (PVS) recurring cost for eleven (11) units; premium pay for bilingual staff,
education incentive pay, on-call pay; services and supplies; and transportation charges.
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