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09-0601_ORANGE, COUNTY OF_Agreement 4th Amd1 FOURTH AMENDMENT TO AGREEMENT 2 BETWEEN THE 3 CITY OF SAN JUAN CAPISTRANO 4 AND THE 5 COUNTY OF ORANGE 6 7 THIS FOURTH AMENDMENT TO AGREEMENT is entered into this 8 FIRST day of June 2009, which date is enumerated for purposes of reference only, by 9 and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as to "CITY", and the COUNTY OF ORANGE, a political subdivision of the State of ii California, hereinafter referred to as "COUNTY", to amend, effective July 1, 2009, that 12 certain Agreement between the parties commencing July 1, 2005, hereinafter referred 13 to as the "Agreement'. 14 1. For the period July 1, 2009 through June 30, 2010, REGULAR SERVICES BY 15 COUNTY, Subsection C-4 of the Agreement is amended to read as follows: 15 "C-4. The level of service, other than for licensing, to be provided by COUNTY for 17 the period July 1, 2009 through June 30, 2010, shall be as follows: 18 Management: 19 One (1) Lieutenant 20 (80 hours per two week pay period) 21 Supervision: 22 • Four (4) Sergeants 23 (each 80 hours per two week pay period) 24 Investigation Services: 25 • Two (2) Investigators (each 80 hours per two-week pay period) 28 Patrol/Traffic Services: 27 Fifteen (15) designated one -deputy units 28 (80 hours per two week pay period, per unit) Page 1 of 9 0 0 1 Patrol/Traffic Services: (Continued) 2 Two (2) designated motorcycle units 3 (80 hours per two week pay period, per unit) 4 Deployment to be determined by SHERIFF in cooperation with CITY 5 Manager. 6 Community Support Unit: 7 • Four (4) Deputy Sheriff II 8 (each 80 hours per two week pay period) 9 Parking Control: 10 • Two (2) Community Services Officers 11 (each 80 hours per two week pay period) 12 Shared Staff and South County Regional Support Services: 13 • 7.80 percent of one half of one (.5) Sergeant — Traffic 14 • 7.80 percent of four (4) Deputy Sheriff IIs — Traffic 15 • 7.80 percent of one (1) Investigative Assistant — Traffic 16 • 7.80 percent of one (1) Office Specialist — Traffic 17 • 6.77 percent of one fourth of one (.25) Sergeant — Auto Theft 18 • 6.77 percent of two (2) Investigators — Auto Theft 19 • 6.77 percent of one (1) Investigative Assistant — Auto Theft 20 • 6.77 percent of one (1) Office Specialist — Auto Theft 21 • 9.76 percent of three (3) Investigative Assistants — Court 22 • 5.88 percent of one half of one (.5) Motorcycle Sergeant' 23 2. For the period July 1, 2009 through June 30, 2010, PATROL VIDEO SYSTEM, 24 Subsection E-3 of the Agreement is amended to read as follows: 25 "E-3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition and 26 installation of Patrol Video Systems that are or will be mounted in patrol 27 vehicles assigned to CITY, and b) recurring costs, as deemed necessary by 28 COUNTY, including the costs of maintenance and contributions to a fund for Page 2 of 9 1 2 3 4 5 s 7 8 9 10 11 12 13 14 15 1s 17 18 19 20 21 22 0 9 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 Subsection G-2 and the Maximum Obligation of CITY set forth in Subsection G-3 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, 2009 through June 30, 2010." 3. Effective July 1, 2009, PATROL VIDEO SYSTEMS, Subsection E-5 of the Agreement is added to read as follows: "E-5. County will replace and/or upgrade PVS as needed. The costs of replacing/upgrade PVS shall be paid by COUNTY from the replacement/upgrade funds to be paid by CITY in accordance with the foregoing. CITY shall not be charged any additional charge to replace or upgrade PVS." I4. For the period July 1, 2009 through June 30, 2010, PAYMENT, Subsections G-2 and G-3 of the Agreement are amended to read as follows: 23 24 25 28 27 // 28 "G-2. Unless the level of service described in Subsection C-4 is increased or decreased, or CITY is required to pay for increases as set forth in Subsection G-4, the full cost of services described in Subsection C-4 of this Amendment, other than Licensing Services, to be provided by the COUNTY for the period July 1, 2009 through June 30, 2010, shall be as follows: SERVICE COST OF SERVICE Management: • One (1) Lieutenant @ $279,003/each Page 3 of 9 $ 279,003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1 16 1 17 1 18 19 20 21 22 23 24 25 25 27 PTE I // 0 SERVICE COST OF SERVICE 198,893 Supervision: • Four (4) Sergeants @ $203,704/unit @ $257,738/each $ 1,030,952 Investigation Services: • Two (2) Investigators • Four (4) Deputy Sheriff IIs @ $265,395/each $ 530,790 PatrollTraffic Services: $ • Fourteen (14) Patrol Units Parking Control: @ $198,893/unit $ 2,784,502 • One (1) Patrol Unit— Special Enforcement @ $198,893/unit $ 198,893 • Two (2) Motorcycle Patrol Units @ $203,704/unit $ 407,408 Community Support Unit: • Four (4) Deputy Sheriff IIs @ $198,893/each $ 795,572 Parking Control: • Two (2) Community Services Officers @ $94,604/each $ 189,208 Shared Staff and South County Regional Support Services: • 7.80% of one half of one (5) Sergeant - Traffic @ $234,870/each $ 9,160 • 7.80% of four (4) Deputy Sheriff IIs - Traffic @ $184,046/each $ 57,422 • 7.80% of one (1) Investigative Assistant - Traffic @ $85,779/each $ 6,691 Page 4 of 9 Page 5 of 9 0 0 1 SERVICE COST OF SERVICE 2 • 7.80% of one (1) Office Specialist - Traffic 3 @ $71,123/each $ 5,549 4 • 6.77% of one fourth of one (.25) Sergeant — Auto Theft 5 @ $234,870/each $ 3,977 6 • 6.77% of two (2) Investigators — Auto Theft 7 @ $205,296/each $ 27,797 s • 6.77% of one (1) Investigative Assistant — Auto Theft 9 @ $87,604/each $ 5,931 10 • 6.77% of one (1) Office Specialist — Auto Theft 11 @ $72,603/each $ 4,915 12 • 9.76% of three (3) Investigative Assistants — Court 13 @ $88,306/each $ 25,857 14 • 5.88% of one half of one (5) Motorcycle Sergeant 15 @ $267,624/each $ 7,868 16 Other Charges and Credits: $ 707,416 17 Charges: Annual leave paydowns; premium pay for bilingual staff; 18 contract administration; data line charges; direct services and 19 supplies; holiday pay, comp and straight time; Integrated Law & 20 Justice Agency of Orange County; mileage interest for 21 replacement vehicles; mobile data computer (MDC) recurring 22 costs; on-call pay; overtime for Volunteer Services Supervisor; 23 patrol video system (PVS) recurring costs; training; transportation 24 costs including vehicle fuel & maintenance. 25 Credits: False alarm fees; reimbursement for training and 26 miscellaneous programs. 27 TOTAL COST OF SERVICES 7.078.911" 28 Page 5 of 9 1 2 3 4 5 6 7 s RE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 "G-3. Unless the level of service described in Subsection C-4 is increased or decreased, or CITY is required to pay increases as set forth in Subsection G-4, 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, 2009 and June 30, 2010, is $7,078,911." 15. For the period July 1, 2009 through June 30, 2010, PAYMENT, Subsection G-4 and G-6 of the Agreement are amended to read as follows: "G -4a. At the time this FOURTH Amendment is executed, there are unresolved issues pertaining to potential increases in salaries and benefits for COUNTY employees. The costs of such potential increases are not included in the Fiscal Year 2009-10 costs set forth in Subsection G-2 nor in the Fiscal Year 2009-10 Maximum Obligation of CITY set forth in Subsection G-3 of this FOURTH Amendment. If COUNTY incurs or becomes obligated to pay for any such increases for or on account of personnel whose costs are included in the calculations of costs charged to CITY hereunder, CITY shall pay COUNTY, in addition to the Maximum Obligation set forth in Subsection G-3 of this FOURTH Amendment, the full costs of said increases to the extent such increases are attributable to work performed by such personnel during the period July 1, 2009 through June 30, 2010, 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, 2009 and June 30, 2010 remaining after COUNTY notifies CITY that increases are payable. G -4b. If CITY is required to pay for increases as set forth in Subsection G -4a above, COUNTY, at the request of CITY, will thereafter reduce the level of service to be provided to CITY pursuant to Subsection C-4 of this FOURTH Amendment to a level that will make the Maximum Obligation of CITY Page 6 of 9 0 1 hereunder an amount specified by CITY that is equivalent to or higher than 2 the Maximum Obligation set forth in Subsection G-3 of this FOURTH 3 Amendment at the time it originally was executed. The purpose of such 4 adjustment of service levels will be to give CITY the option of keeping its 5 Maximum Obligation hereunder at the pre -increase level or at any other 6 higher level specified by CITY. In the event of such reduction in level of 7 service and adjustment of costs, the parties shall execute an amendment to 8 the Agreement so providing. Decisions about how to reduce the level of 9 service provided to CITY shall be made by SHERIFF with the approval of 10 CITY. 11 G-6. COUNTY shall invoice CITY monthly, one -twelfth (1/12) of the Maximum 12 Obligation of CITY. If a determination is made that increases described in 13 Subsection G-4 must be paid, COUNTY thereafter shall include the pro -rata 14 charges for such increases in its monthly invoices to CITY for the balance of 15 the period between July 1, 2009 and June 30, 2010." 16 6. Effective July 1, 2009, TRAFFIC VIOLATOR APPREHENSION PROGRAM, 17 Subsection M-3 of the Agreement is amended to read as follows: 18 "M-3. Fee revenue generated by COUNTY and participating cities will be used to 19 fund the following positions, which will be assigned to the Program: 20 • One fourth of one (.25) Sergeant 21 (20 hours per two-week pay period) 22 • One (1) Staff Specialist 23 (80 hours per two-week pay period) 24 0 One (1) Information Processing Specialist 25 (80 hours per two-week pay period) 26 One (1) Administrative Manager I, Extra Help 27 (960 hours per fiscal year) 28 Page 7 of 9 1 0One (1) Investigative Assistant 2 (80 hours per two-week pay period) 3 0 One (1) Office Specialist 4 (80 hours per two-week pay period)" 5 7. For the period July 1, 2009 through June 30, 2010, MOBILE DATA COMPUTER, 6 Subsection N-3 of the Agreement is amended to read as follows: 7 "N-3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition and 8 installation of MDCs that are or will be mounted in patrol vehicles and 9 motorcycles assigned to CITY, and b) recurring costs, as deemed 10 necessary by COUNTY, including the costs of maintenance and 11 contributions to a fund or replacement and upgrade of such MDCs when 12 they become functionally or technologically obsolete. The costs to be paid 13 by CITY for recurring costs, including maintenance and 14 replacement/upgrade of MDCs, are included in the costs set forth in 15 Subsection G-2 and the Maximum Obligation of CITY set forth in Subsection 16 G-3 of this Agreement unless CITY has already paid such costs. CITY shall 17 not be charged additional amounts for maintenance or replacement/upgrade 18 of said MDCs during the period July 1, 2009 through June 30, 2010." 19 8. All other provisions of the Agreement, as previously amended, to the extent that 20 they are not in conflict with this FOURTH AMENDMENT TO AGREEMENT, remain 21 unchanged. 22 23 24 25 26 27 28 Page 8 of 9 7 3 4 5 s 7 8 9 10 11 12 13 14 15 18 17 18 19 20 21 22 23 24 25 28 27 28 • 0 IN WITNESS WHEREOF, the parties have executed the FOURTH DATED: � /k3/0 COUNTY OF E BY: �G Ch r of the Board of Supervisors e County of Orange, Stat of California. DATED: CITY OF SAN JUAN CAPISTRANO BY: --wele)Xt- Mayo APPROVED AS TO FORM: Signed and certified that a copy of this document has been delivered to the Chair of the Board per G.C. Sec. 25103, Reso 79-1535 Attest: oP�. 4 m Da ene J. Bloom Clerk of the Board of Supervisors Orange County, California APPROVED AS TO FORM: Office of the County Counsel Orange County, California l Deputy DATED: Page 9 of 9 August 4, 2009 Ms. Maria Morris Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: FY 2009-2010 Fourth Amendment for Law Enforcement Services Dear Ms. Morris: Enclosed is the fully -executed Fourth Amendment to the Five -Year Agreement with the County of Orange for the Sheriff -Coroner to provide law enforcement services. The Amendment is in the amount of $7,078,911 and covers the period July 1, 2009 through June 30, 2010. Enclosed is a copy of the Minute Order of the Orange County Board of Supervisors June 23, 2009, meeting. If you have any questions, please call me at (714) 834-3352. Sine ely, itricia ello, Contract Manager Law Enforcement Contracts Enclosures Cc: Captain Ron White Director Jane Reyes Lieutenant Daniel Dwyer Michael Cantor, Senior Management Analyst (SJC) Noma Crook -Williams, Revenue/Audit Manager Karen Huynh, Sr. Accounting Assistant PROUDLY SERVING THE UNINCORPORATED AREAS OF ORANGE COUNTY AND THE FOLLOWING CITIES AND AGENCIES: ALISO VIEJO • DANA POINT • LAGUNA HILLS • LAGUNA NIGUEL • LAGUNA WOODS • LAKE FOREST • MISSION VIEJO RANCHO SANTA MARGARITA • SAN CLEMENTE • SAN JUAN CAPISTRANO • STANTON • VILLA PARK OC PARKS •DANA POINT HARBOR •JOHN WAYNE AIRPORT •OCTA •SUPERIOR COURT OERIFF-CORONER DEPARTMEO COUNTY OF ORANGE SANDRA HUTCHENS CALIFORNIA SHERIFF -CORONER UNDERSHERIFF JOHN L. SCOTT EXECUTIVE COMMAND STAFF 320 N. FLOWER STREET JACK ANDERSON SANTA ANA, CA 92703 JOHN B. DAVIS (714) 047-7000 RICK DOSTAL MICHAEL R. HILLMANN MIKE JAMES August 4, 2009 Ms. Maria Morris Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: FY 2009-2010 Fourth Amendment for Law Enforcement Services Dear Ms. Morris: Enclosed is the fully -executed Fourth Amendment to the Five -Year Agreement with the County of Orange for the Sheriff -Coroner to provide law enforcement services. The Amendment is in the amount of $7,078,911 and covers the period July 1, 2009 through June 30, 2010. Enclosed is a copy of the Minute Order of the Orange County Board of Supervisors June 23, 2009, meeting. If you have any questions, please call me at (714) 834-3352. Sine ely, itricia ello, Contract Manager Law Enforcement Contracts Enclosures Cc: Captain Ron White Director Jane Reyes Lieutenant Daniel Dwyer Michael Cantor, Senior Management Analyst (SJC) Noma Crook -Williams, Revenue/Audit Manager Karen Huynh, Sr. Accounting Assistant PROUDLY SERVING THE UNINCORPORATED AREAS OF ORANGE COUNTY AND THE FOLLOWING CITIES AND AGENCIES: ALISO VIEJO • DANA POINT • LAGUNA HILLS • LAGUNA NIGUEL • LAGUNA WOODS • LAKE FOREST • MISSION VIEJO RANCHO SANTA MARGARITA • SAN CLEMENTE • SAN JUAN CAPISTRANO • STANTON • VILLA PARK OC PARKS •DANA POINT HARBOR •JOHN WAYNE AIRPORT •OCTA •SUPERIOR COURT W 0 ORANGE COUNTY BOARD OF SUPERVISORS MINUTE ORDER June 23, 2009 ,Snbmittin.eAAgeney/Department: Sheriff -Coroner Approve amendment 4 to five-year agreement with San Juan Capistrano for law enforcement services, 7/1/09 - 6/30/10 ($7,078,911); and authorize Sheriff -Coroner to execute amendments under certain conditions - District 5 The following is action taken by the Board of Supervisors: APPROVED AS RECOMMENDED ® OTHER ❑ Unanimous ® (l) NGUYEN: Y (2) MOORLACH: Y (3) CAMPBELL: Y (4) NORBY: Y (5) BATES: Y Vote Key: Y= Yes; N=No; A=Abstain; X=Excused; B. 0. =Board Order Documents accompanying this matter: ❑ Resolution(s) ❑ Ordinances(s) )4_Contract(s) Item No. 58 Special Notes: Copies sent to: Sheriff -Coroner/ Kathy Douglas Beckett CEO -7/gg%e.7 I certify that the foregoing is a true and correct copy of the Minute Order adopted by the Bound of Supervisors, Orange County, State of California. DARLENE 1. BLOOM, Clerk of the Board Deputy 0 32400 PASEO ADEILANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493.1171 (949) 493-1053 FAX wwwsanjuancaptstrano. org TRANSMITTAL July 14, 2009 TO: Sheriff -Coroner Department, County of Orange Attn: Patricia Bello, Contract Manager 320 N. Flower Street Santa Ana, CA 92703 MEMBERS OF THE CITY COUNCIL FROM: Christy Jakl, Administrative Specialist, City Clerk's Office (949) 443-6310 SAM ALLEVATO LAURA FREESE THOMAS W. HRIBAR MARK NIELSEN DR. LONDRES USO RE: Fourth Amendment to the Agreement Between City of San Juan Capistrano & County of Orange Enclosed: (4) Original, Executed Fourth Amendments to the Agreement Between City of San Juan Capistrano & County of Orange After execution, please forward (1) executed original to my attention for our records. Please contact Michael Cantor, Senior Management Analyst at (949) 234-4565, with questions regarding the agreement. CC: Michael Cantor, Senior Management Analyst San Juan Capistrano: Preserving the Past to Enhance the Future CJPrinleE on 100% recycled paper May 28, 2009 Mr. Dave Adams, City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Dear Mr. Py�amsi Enclosed are four original sets of the Fourth Amendment to the Law Enforcement Services Agreement with the Orange County Sheriff -Coroner. The Amendment is for the period from July 1, 2009 to June 30, 2010, and the total cost is $7,078,911. After the City Council approves the Amendment, please obtain the necessary signatures on each of the four original sets and return them to me for completion of the approval process. If you have any questions, please call me at (714) 834-3352. Sincerely, �A.lIiL�% Patricia Bello, Contract Manager Law Enforcement Contracts Enclosure Cc: Captain Ron White (Letter only) Director Jane Reyes (Letter only) Lieutenant Daniel Dwyer Mike Cantor, Senior Management Analyst (SJC) Steven Montano, Assistant Administrative Services Director (SJC) PROUDLY SERVING THE UNINCORPORATED AREAS OF ORANGE COUNTY AND THE FOLLOWING CITIES AND AGENCIES. ALISO VIEJO • DANA POINT • LAGUNA HILLS • LAGUNA NIGUEL • LAGUNA WOODS • LAKE FOREST • MISSION VIEJO AMMIM RANCHO SANTA MARGARITA • SAN CLEMENTE • SAN JUAN CAPISTRANO • STANTON • VILLA PARK OC PARKS •DANA POINT HARBOR •JOHN WAVNE AIRPORT •OCTA •SUPERIOR COURT no OIERIFF-CORONER DEPARTMEO COUNTY OF ORANGE SANDRA HUTCHENS l SHERIFF -CORONER CALIFORNIA UNDERSHERIFF JOHN L. SCOTT O G.5 O EXECUTIVE COMMAND STAFF JACK ANDERSON a20 N. FLOWER STREET JOHN B. DAVIS SANTA ANA, CA 92703 RICK STAL (714) 647-7000 MICHAEL R.. HILLM HILLMANN MIKE JAMES May 28, 2009 Mr. Dave Adams, City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Dear Mr. Py�amsi Enclosed are four original sets of the Fourth Amendment to the Law Enforcement Services Agreement with the Orange County Sheriff -Coroner. The Amendment is for the period from July 1, 2009 to June 30, 2010, and the total cost is $7,078,911. After the City Council approves the Amendment, please obtain the necessary signatures on each of the four original sets and return them to me for completion of the approval process. If you have any questions, please call me at (714) 834-3352. Sincerely, �A.lIiL�% Patricia Bello, Contract Manager Law Enforcement Contracts Enclosure Cc: Captain Ron White (Letter only) Director Jane Reyes (Letter only) Lieutenant Daniel Dwyer Mike Cantor, Senior Management Analyst (SJC) Steven Montano, Assistant Administrative Services Director (SJC) PROUDLY SERVING THE UNINCORPORATED AREAS OF ORANGE COUNTY AND THE FOLLOWING CITIES AND AGENCIES. ALISO VIEJO • DANA POINT • LAGUNA HILLS • LAGUNA NIGUEL • LAGUNA WOODS • LAKE FOREST • MISSION VIEJO AMMIM RANCHO SANTA MARGARITA • SAN CLEMENTE • SAN JUAN CAPISTRANO • STANTON • VILLA PARK OC PARKS •DANA POINT HARBOR •JOHN WAVNE AIRPORT •OCTA •SUPERIOR COURT no • Page 1 of 1 Christy Jaki From: Christy Jakl Sent: Tuesday, July 14, 2009 9:58 AM To: Michael Cantor Subject: 4th Amendment for Police Services Hi Michael, I have the 4 original copies of the 4th amendment between the City and the County for police services. Please let know where these agreements need to be sent for final execution. Thank you. Cht-ist-� Jakl Administrative Specialist, City Clerk's Office City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949)443-6310 1 (949) 493-1053 fax 7/14/2009 Today's Date: 6/18/09 CONTRACT TRANSMITTAL CIP No. (if any): 0 Project Manager's Last Name: Michael Cantor Phone Extension: X 4565 Council or CRA Meeting Date (if applicable): 07/07/09 APPROVING AUTHORITY: (Check One) 19 Mayor ® CRA Chair E3 City Manager Transmittal Routing I I ey ey ler .rk Provide (1) executed original contract for each signing party, including the City. If the agreement is to be recorded — only (1) original will be recorded with certified copies going to other parties. Please provide the mailing address of any party to receive an agreement — unless the mailing address is included within the body of the agreement: (Not necessary if information is included in the contract) OTHER INSTRUCTIONS: 1. Please return a copy of executed agreements for our fila-.. Ll AGENDA REPORT TO: Joe Tait, Interim City Managerd' FROM: Michael Cantor, Senior Management Analyst SUBJECT: Consideration of the Enforcement Services Sherriff's Department). RECOMMENDATION: 1. 7/7/2009 • • Fourth Amendment to the Agreement for Law for Fiscal Year 2009-2010 (Orange County By motion, approve the Fourth Amendment to the Five-year Agreement between the City of San Juan Capistrano and the County of Orange for the provision of law enforcement services with the fourth year amount of $7,078,911 from July 1, 2009 to June 30, 2010. SITUATION: Since 1961, the City of San Juan Capistrano has contracted with the County of Orange for the Sheriff -Coroner Department to provide law enforcement services. In 2005, the City Council approved a new five-year Service Agreement between the County and the City which will expire on June 30, 2010. This is the fourth amendment to the new five- year service agreement that begins July 1, 2009 through June 30, 2010. The financial obligation of the City for services provided for the 12 month period commencing on July 1, 2009, will be determined by the county and approved by the City. The financial obligation from July 1, 2009 to June 30, 2010 is $7,078,911. Staffing for the new fiscal year agreement is as follows: Staff General Responsibility 1- Lieutenant Chief of Police Services 4 - Sergeants Field supervision and administrative duties 2 - Investigators Investigate general crimes in the Cit 21- Deputy Sheriffs Patrol, special enforcement, school resource officer, red-light camera administration, directed enforcement, and motorcycle traffic enforcement, among other duties 2 - Community Services Officers Parking enforcement and traffic accident investigation Agenda Report • Page 2 July 7, 2009 Shared staff and South County Regional Support Services is as follows: Shared staff Responsibility Sergeant 1 Traffic Deputy Sheriff II 4 Traffic Investigative Assistant (1) Traffic Office Specialist 1 Traffic Ser eant 1 Auto Theft Investigators 2 Auto Theft Investigative Assistant 1 Auto Theft Office Specialist 1 Auto Theft Investigative Assistants 3) Court Sergeant 1 Motorcycle The Agreement (see Attachment 1) specifically describes the various services to be provided by the Sheriff's Department. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: Not Applicable. FINANCIAL CONSIDERATIONS: The labor contract for the Association of Orange County Deputy Sheriffs will expire in October 2009. Since there are salary and benefit issues that remain to be resolved and which are not included in the contract cost, the proposed agreement includes provisions that require the City to pay for the cost of any increase in compensation or benefits, or to adjust the service level to stay within the original maximum obligation. The total cost of services is $7,078,911. The amount has been budgeted in the 2009- 2010 fiscal year budget. The costs are 2.61% higher ($180,353) than the current fiscal year cost of $6,898,558. Agenda Report • Page 3 The increase is based on the following: • Increase Amount Salary & Employee Benefits $120,208 Overtime(Including Patrol Training) $17,775 Transportation(Including Patrol Video System) $82,437 Training $11,105 Reduction in Revenue Offsets $9,863 County Overhead $415 Decrease Amount Services & Su lies$29,460 South Division Overhead $17,598 Other Category including: • Annual Leave ■ Technical Equipment ■ Other Salary Costs • Contract Administration ($6,860) Sheriffs Department Overhead $7,532 Total Chane $180,353 NOTIFICATION: July 7, 2009 Sandra Hutchens, Sheriff -Coroner, Orange County Sheriffs Department RECOMMENDATION: By motion, approve the Fourth Amendment to the Five-year Agreement between the City of San Juan Capistrano and the County of Orange for the provision of law enforcement services with the fourth year amount of $7,078,911 from July 1, 2009 to June 30, 2010. Respectfully submitted, Michael Cantor Senior Management Analyst Attachment: 1. Agreement 1 FOURTH AMENDMENT TO AGREEMENT 2 BETWEEN THE 3 CITY OF SAN JUAN CAPISTRANO 4 AND THE 5 COUNTY OF ORANGE 6 7 THIS FOURTH AMENDMENT TO AGREEMENT is entered into this 8 FIRST day of June 2009, which date is enumerated for purposes of reference only, by 9 and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as io "CITY", and the COUNTY OF ORANGE, a political subdivision of the State of ai California, hereinafter referred to as "COUNTY", to amend, effective July 1, 2009, that 12 certain Agreement between the parties commencing July 1, 2005, hereinafter referred 13 to as the "Agreement". 14 1. For the period July 1, 2009 through June 30, 2010, REGULAR SERVICES BY 15 COUNTY, Subsection C-4 of the Agreement is amended to read as follows: 16 "C-4. The level of service, other than for licensing, to be provided by COUNTY for 17 the period July 1, 2009 through June 30, 2010, shall be as follows: 18 Management: 19 One (1) Lieutenant 20 (80 hours per two week pay period) 21 Supervision: 22 Four (4) Sergeants 23 (each 80 hours per two week pay period) 24 Investigation Services: 25 • Two (2) Investigators (each 80 hours per two-week pay period) 28 Patrol/Traffic Services: 27 Fifteen (15) designated one -deputy units 28 (80 hours per two week pay period, per unit) Page 1 of 9 ATTACHMENT 0 0 1 Patrol[Traffic Services: (Continued) 2 Two (2) designated motorcycle units 3 (80 hours per two week pay period, per unit) 4 Deployment to be determined by SHERIFF in cooperation with CITY 5 Manager. 6 Community Support Unit: 7 Four (4) Deputy Sheriff II 8 (each 80 hours per two week pay period) 9 Parking Control: 10 Two (2) Community Services Officers 11 (each 80 hours per two week pay period) 12 Shared Staff and South County Regional Support Services: 13 . 7.80 percent of one half of one (.5) Sergeant — Traffic 14 . 7.80 percent of four (4) Deputy Sheriff IIs — Traffic 15 . 7.80 percent of one (1) Investigative Assistant — Traffic 16 • 7.80 percent of one (1) Office Specialist — Traffic 17 • 6.77 percent of one fourth of one (.25) Sergeant — Auto Theft 18 . 6.77 percent of two (2) Investigators — Auto Theft 19 . 6.77 percent of one (1) Investigative Assistant — Auto Theft 20 • 6.77 percent of one (1) Office Specialist — Auto Theft 21 • 9.76 percent of three (3) Investigative Assistants — Court 22 . 5.88 percent of one half of one (.5) Motorcycle Sergeant' 23 2. For the period July 1, 2009 through June 30, 2010, PATROL VIDEO SYSTEM, 24 Subsection E-3 of the Agreement is amended to read as follows: 25 "E-3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition and 26 installation of Patrol Video Systems that are or will be mounted in patrol 27 vehicles assigned to CITY, and b) recurring costs, as deemed necessary by 28 COUNTY, including the costs of maintenance and contributions to a fund for Page 2 of 9 2 3, 4 5 6 7 8 9 10 11 12 13 14 15 18 17 18 19 20 21 22 23 24 25 28 27 28 0 0 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 Subsection G-2 and the Maximum Obligation of CITY set forth in Subsection G-3 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, 2009 through June 30, 2010." 3. Effective July 1, 2009, PATROL VIDEO SYSTEMS, Subsection E-5 of the Agreement is added to read as follows: "E-5. County will replace and/or upgrade PVS as needed. The costs of replacing/upgrade PVS shall be paid by COUNTY from the replacement/upgrade funds to be paid by CITY in accordance with the foregoing. CITY shall not be charged any additional charge to replace or upgrade PVS." 4. For the period July 1, 2009 through June 30, 2010, PAYMENT, Subsections G-2 and G-3 of the Agreement are amended to read as follows: "G-2. Unless the level of service described in Subsection C-4 is increased or decreased, or CITY is required to pay for increases as set forth in Subsection G-4, the full cost of services described in Subsection C-4 of this Amendment, other than Licensing Services, to be provided by the COUNTY for the period July 1, 2009 through June 30, 2010, shall be as follows: SERVICE COST OF SERVICE Management: • One (1) Lieutenant @ $279,003/each Page 3 of 9 $ 279,003 1 2 3 4 5 6 7I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I // 0 0 SERVICE COST OF SERVICE Supervision: • Two (2) Motorcycle Patrol Units • Four (4) Sergeants @ $257,738/each $ 1,030,952 Investigation Services: Community Support Unit: • Two (2) Investigators @ $265,395/each $ 530,790 Patrol/Traffic Services: @ $198,893/each • Fourteen (14) Patrol Units 795,572 @ $198 893/unit $ 2,784,502 • One (1) Patrol Unit—Special Enforcement @ $198,893/unit $ 198,893 • Two (2) Motorcycle Patrol Units @ $203,704/unit $ 407,408 Community Support Unit: • Four (4) Deputy Sheriff IIs @ $198,893/each $ 795,572 Parking Control: • Two (2) Community Services Officers @ $94,604/each $ 189,208 Shared Staff and South County Regional Support Services: • 7.80% of one half of one (5) Sergeant - Traffic @ $234,870/each $ 9,160 • 7.80% of four (4) Deputy Sheriff IIs - Traffic @ $184,046/each. $ 57,422 • 7.80% of one (1) Investigative Assistant - Traffic @ $85,779/each $ 6,691 Page 4 of 9 • 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 SERVICE COST OF SERVICE 7.80% of one (1) Office Specialist - Traffic @ $71,123/each $ 5,549 • 6.77% of one fourth of one (.25) Sergeant — Auto Theft @ $234,870/each $ 3,977 • 6.77% of two (2) Investigators — Auto Theft @ $205,296/each $ 27,797 • 6.77% of one (1) Investigative Assistant — Auto Theft @ $87,604/each $ 5,931 • 6.77% of one (1) Office Specialist — Auto Theft @ $72,603/each $ 4,915 • 9.76% of three (3) Investigative Assistants — Court @ $88,306/each $ 25,857 • 5.88% of one half of one (5) Motorcycle Sergeant @ $267,624/each $ 7,868 Other Charges and Credits: $ 707,416 Charges: Annual leave paydowns; premium pay for bilingual staff; contract administration; data line charges; direct services and supplies; holiday pay, comp and straight time; Integrated Law & Justice Agency of Orange County; mileage interest for replacement vehicles; mobile data computer (MDC) recurring costs; on-call pay; overtime for Volunteer Services Supervisor; patrol video system (PVS) recurring costs; training; transportation costs including vehicle fuel & maintenance. Credits; False alarm fees; reimbursement for training and miscellaneous programs. TOTAL COST OF SERVICES S 7.078.911" Page 5 of 9 1 "G-3. Unless the level of service described in Subsection C-4 is increased or 2 decreased, or CITY is required to pay increases as set forth in Subsection 3 G-4, the Maximum Obligation of CITY for services, other than Licensing 4 Services that are referenced in Subsection C-4 of this Agreement and 5 rendered by COUNTY between July 1, 2009 and June 30, 2010, is 6 $7,078,911." 7 5. For the period July 1, 2009 through June 30, 2010, PAYMENT, Subsection G-4 8 and G-6 of the Agreement are amended to read as follows: 9 "G -4a. At the time this FOURTH Amendment is executed, there are unresolved 10 issues pertaining to potential increases in salaries and benefits for COUNTY 11 employees. The costs of such potential increases are not included in the 12 Fiscal Year 2009-10 costs set forth in Subsection G-2 nor in the Fiscal Year 13 2009-10 Maximum Obligation of CITY set forth in Subsection G-3 of this 14 FOURTH Amendment. If COUNTY incurs or becomes obligated to pay for 15 any such increases for or on account of personnel whose costs are included 16 in the calculations of costs charged to CITY hereunder, CITY shall pay 17 COUNTY, in addition to the Maximum Obligation set forth in Subsection G-3 16 of this FOURTH Amendment, the full costs of said increases to the extent 19 such increases are attributable to work performed by such personnel during 20 the period July 1, 2009 through June 30, 2010, and CITY's Maximum 21 Obligation hereunder shall be deemed to have increased accordingly. CITY 22 shall pay COUNTY in full for such increases on a pro -rata basis over the 23 portion of the period between July 1, 2009 and June 30, 2010 remaining 24 after COUNTY notifies CITY that increases are payable. 25 G -4b. If CITY is required to pay for increases as set forth in Subsection G -4a 26 above, COUNTY, at the request of CITY, will thereafter reduce the level of 27 service to be provided to CITY pursuant to Subsection C-4 of this FOURTH 28 Amendment to a level that will make the Maximum Obligation of CITY Page 6 of 9 0 0 1 hereunder an amount specified by CITY that is equivalent to or higher than 2 the Maximum Obligation set forth in Subsection G-3 of this FOURTH 3 Amendment at the time it originally was executed. The purpose of such a adjustment of service levels will be to give CITY the option of keeping its 5 Maximum Obligation hereunder at the pre -increase level or at any other 5 higher level specified by CITY. In the event of such reduction in level of 7 service and adjustment of costs, the parties shall execute an amendment to 8 the Agreement so providing. Decisions about how to reduce the level of 9 service provided to CITY shall be made by SHERIFF with the approval of 10 CITY. 11 G-6. COUNTY shall invoice CITY monthly, one -twelfth (1/12) of the Maximum 12 Obligation of CITY. If a determination is made that increases described in 13 Subsection G-4 must be paid, COUNTY thereafter shall include the pro -rata 14 charges for such increases in its monthly invoices to CITY for the balance of 15 the period between July 1, 2009 and June 30, 2010." 16 6. Effective July 1, 2009, TRAFFIC VIOLATOR APPREHENSION PROGRAM, 17 Subsection M-3 of the Agreement is amended to read as follows: 15 "M-3. Fee revenue generated by COUNTY and participating cities will be used to 19 fund the following positions, which will be assigned to the Program: 20 0 One fourth of one (25) Sergeant 21 (20 hours per two-week pay period) 22 0 One (1) Staff Specialist 23 (80 hours per two-week pay period) 24 0 One (1) Information Processing Specialist 25 (80 hours per two-week pay period) 26 One (1) Administrative Manager I, Extra Help 27 (960 hours per fiscal year) 28 Page 7 of 9 0 0 1 0 One (1) Investigative Assistant 2 (80 hours per two-week pay period) 3 • One (1) Office Specialist 4 (80 hours per two-week pay period)" 5 7. For the period July 1, 2009 through June 30, 2010, MOBILE DATA COMPUTER, 6 Subsection N-3 of the Agreement is amended to read as follows: 7 "N-3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition and 8 installation of MDCs that are or will be mounted in patrol vehicles and 9 motorcycles assigned to CITY, and b) recurring costs, as deemed 10 necessary by COUNTY, including the costs of maintenance and 11 contributions to a fund or replacement and upgrade of such MDCs when 12 they become functionally or technologically obsolete. The costs to be paid 13 by CITY for recurring costs, including maintenance and 14 replacement/upgrade of MDCs, are included in the costs set forth in 15 Subsection G-2 and the Maximum Obligation of CITY set forth in Subsection 16 G-3 of this Agreement unless CITY has already paid such costs. CITY shall 17 not be charged additional amounts for maintenance or replacement/upgrade 18 of said MDCs during the period July 1, 2009 through June 30, 2010." 19 8. All other provisions of the Agreement, as previously amended, to the extent that 20 they are not in conflict with this FOURTH AMENDMENT TO AGREEMENT, remain 21 unchanged. 22 23 24 25 26 27 28 Page 8 of 9 • 1 2 31 4 5 s 7 a 9 10 11 12 13 14 15 1s 17 18 19 20 21 22 23 24 25 25 27 29 0 0 IN WITNESS WHEREOF, the parties have executed the FOURTH AMENDMENT TO AGREEMENT in the County of Orange, State of California. IATTEST: City Clerk o COUNTY OF ORANGE BY: Chair of the Board of Supervisors DATED: CITY OF SAN JUAN CAPISTRANO l -"Y16 Mayor APPROVED AS TO FORM: (� BY:11 �0T CiAttorney Signed and certified that a copy of this document has been delivered to the Chair of the Board per G.C. Sec. 25103, Reso 79-1535 Attest: Darlene J. Bloom Clerk of the Board of Supervisors Orange County, California APPROVED AS TO FORM: Office of the County Counsel Orange County, California BY: �r Deputy DATED: '5 Page 9 of 9 32400 PASEO AOELANTO SAN JUAN CAPISTRANO, CA 92675 (9491 493 1 17 i (94:9) 493.1053 FAX lilin1 s(1Jt jlA(117CttJlC51Y[27tfl. mg 0 0 NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL SAM ALLEVATO LA1RiAFREESE THOMAS W. HROAR hW Wf NIELSEN DR. LONDNES USO The City Council of San Juan Capistrano will meet at 6:30 p.m. on Tuesday, July 7, 2009 in the City Council Chamber in City Hall, to consider: "Consideration of the Fourth Amendment to the Agreement for Law Enforcement Services for Fiscal Year 2009- 2010 (Orange County Sherriffs Department) " — Item No. D8. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, July 6, 2009 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Michael Cantor, Senior Management Analyst. You may contact that staff member at (949) 234-4565 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.oro. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: cityclerk(a)sanivancapistrano.org. Meg Monahan, MMC City Clerk cc: Sandra Hutchens, Sheriff -Coroner, Orange County Sheriffs Department San.itrcrrl C:a/ristrvnou Ptvservin,( the Pert io Fnhance the Iuture 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 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 May 2008, 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, 2008, that certain Agreement between the parties commencing July 1, 2005, hereinafter referred to as the "Agreement". 1. For the period July 1, 2008 through June 30, 2009, 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 COUNTY for the period July 1, 2008 through June 30, 2009, shall be as follows: Supervision: • One (1) Lieutenant (80 hours per two week pay period) • Four (4) Sergeants (each 80 hours per two week pay period) Investigation Services: • Two (2) Investigators (each 80 hours per two-week pay period) Patrol/Traffic Services: • Fifteen (15) designated one -deputy units (80 hours per two week pay period, per unit) Page 1 of 8 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 n 18 19 20 21 22 23 24 0 0 Patrol/Traffic Services: (Continued) • Two (2) designated motorcycle units (80 hours per two week pay period, per unit) Deployment to be determined by SHERIFF in cooperation with CITY Manager. Community Support Unit: • Four (4) Deputy Sheriff II (each 80 hours per two week pay period) Parking Control: • Two (2) Community Services Officers (each 80 hours per two week pay period) Shared Staff and South County Regional Support Services: • 9.15 percent of one half of one (.5) Sergeant — Traffic • 9.15 percent of four (4) Deputy Sheriff IIs — Traffic • 9.15 percent of one (1) Investigative Assistant — Traffic • 9.15 percent of one (1) Office Specialist — Traffic • 6.21 percent of one fourth of one (.25) Sergeant — Auto Theft • 6.21 percent of two (2) Investigators — Auto Theft • 6.21 percent of one (1) Investigative Assistant—Auto Theft • 6.21 percent of one (1) Office Specialist — Auto Theft • 9.68 percent of three (3) Investigative Assistants — Court • 6.25 percent of one half of one (.5) Motorcycle Sergeant' 2. Effective July 1, 2008, Section E is amended to read: "E. PATROL VIDEO SYSTEMS: 25 26 27 28 1. As part of the law enforcement services to be provided to CITY, COUNTY has provided, or will provide, patrol video systems (hereinafter called "PVS") that are or will be mounted in patrol vehicles designated by COUNTY for use within CITY service area. Page 2 of 8 M J 4 5 6 7 7 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 2. SHERIFF has the exclusive right to use said PVS for law enforcement services related to this Agreement. 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 replacement and upgrade of such PVS when they become functionally or technologically obsolete. (i) CITY'S obligation to COUNTY for the acquisition cost of the PVS to be installed in CITY vehicles prior to February 1, 2009 (estimated at $72,040) is in addition to and is not included in the costs set forth in Subsection G-2 and the Maximum Obligation of CITY set forth in Subsection G-3 of this Agreement. COUNTY shall notify CITY of the actual amount owing to COUNTY for said acquisition costs. CITY shall pay COUNTY by December 31, 2008 or 30 days after notification by COUNTY of the actual costs, whichever is later, for the full acquisition cost of said PVS. (ii) 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 Subsection G-2 and the Maximum Obligation of CITY set forth in Subsection G-3 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, 2008 through June 30, 2009. 4. If, following the initial acquisition of PVS referenced above, CITY requires PVS for additional patrol cars designated for use in the CITY service area, COUNTY will purchase said additional PVS. Upon demand by COUNTY, CITY will pay to COUNTY a) the full costs of acquisition and installation of Page 3 of 8 2 3 4 5 6 7 Elm M 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11 • said additional PVS, and b) the full recurring costs for said PVS, as deemed necessary by COUNTY, including the costs of maintenance, and contributions to a fund for replacement and upgrade of such PVS when they become functionally or technologically obsolete. Said costs related to additional PVS are not included in, and are in addition to, the costs set forth in Subsection G-2 and the Maximum Obligation of CITY set forth in Subsection G-3 of this Agreement." 3. For the period of July 1, 2008 through June 30, 2009, Subsections G-2, G-3, G-4, and G-6 of the Agreement are amended to read as follows: "G-2. Unless the level of service described in Subsection C-4 is increased or decreased, the cost of services described in Subsection C-4 of this Agreement, other than Licensing Services, to be provided by the COUNTY for the period July 1, 2008 through June 30, 2009, shall be as follows: SERVICE COST OF SERVICE Supervision: • One (1) Lieutenant @ $273,191 /each $ 273,191 Supervision: • Four (4) Sergeants @ $259,775/each $ 1,039,100 Investigation Services: • Two (2) Investigators @ $256,395/each $ 512,790 Patrol/Traffic Services: • Fourteen (14) Patrol Units @ $215,082/unit $ 3,011,148 • One (1) Patrol Unit— Special Enforcement @ $198,177/unit $ 198,177 Page 4 of 8 0 0 1 SERVICE COST OF SERVICE 2 Two (2) Motorcycle Patrol Units 3 @ $202,939/unit $ 405,878 4 Community Support Unit: 5 Four (4) Deputy Sheriff IIs 6 @ $199,408/each $ 797,632 7 Parking Control: 8 Two (2) Community Services Officers 9 @ $107,348/each $ 214,696 10 Shared Staff and South County Regional Support Services: 11 • 9.15% of one half of one (5) Sergeant - Traffic 12 @ $235,143/each $ 10,758 13 • 9.15% of four (4) Deputy Sheriff IIs - Traffic 14 @ $184,121/each $ 67,388 15 • 9.15% of one (1) Investigative Assistant - Traffic 16 @ $87,964/each $ 8,049 17 • 9.15% of one (1) Office Specialist - Traffic 18 @ $73,589/each $ 6,733 19 • 6.21 % of one fourth of one (.25) Sergeant — Auto Theft 20 @ $235,143/each $ 3,651 21 • 6.21 % of two (2) Investigator — Auto Theft 22 @ $212,190/each $ 26,354 23 • 6.21 % of one (1) Investigative Assistant — Auto Theft 24 @ $89,054/each $ 5,530 25 • 6.21 % of one (1) Office Specialist — Auto Theft 26 @ $73,125/each $ 4,541 27 • 9.68% of three (3) Investigative Assistants — Court 28 @ $89,222/each $ 25,910 Page 5 of 8 2 3 4 5 No M 9 10 11 12 13 14 15 16 n 18 19 20 21 22 23 24 25 26 27 28 �J SERVICE COST OF SERVICE • 6.25% of one half of one (.5) Motorcycle Sergeant @ $258,454/each $ 8,076 Other Charges and Credits: $ 278,956 Charges: Mobile Data Computer (MDC) recurring costs; Contract management; premium pay for bilingual staff; annual leave, on-call and holiday pay; data line charges; mileage interest for replacement vehicles; Patrol Video System recurring costs; services and supplies. Credits: False alarm fees, reimbursement for training and miscellaneous programs. TOTAL COST OF SERVICES $ 6.898.558" "G-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, 2008 and June 30, 2009, is $6,898,558." "G-4. At the time this THIRD Amendment is executed, there are not unresolved issues pertaining to potential increases in salaries and benefits for COUNTY employees. Subsections G -4.a. and G -4.b. are inoperative during the period July 1, 2008 through June 30, 2009." "G-6. COUNTY shall invoice CITY monthly, one -twelfth (1/12) of the Maximum Obligation of CITY." 4. For the period July 1, 2008 through June 30, 2009, Subsection N-3 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 Page 6 of 8 M J 4 5 6 7 ME M 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 r1 U r� U necessary by COUNTY, including the costs of maintenance and contributions to a fund or replacement and upgrade of such MDCs when they become functionally or technologically obsolete. The costs to be paid by CITY for recurring costs, including maintenance and replacement/upgrade of MDCs, are included in the costs set forth in Subsection G-2 and the Maximum Obligation of CITY set forth in Subsection G-3 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, 2008 through June 30, 2009." 5. All other provisions of the Agreement, as previously amended, to the extent that they are not in conflict with this THIRD AMENDMENT TO AGREEMENT, remain unchanged. H H H H Page 7 of 8 2 31i 4 5 6 7 M 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • E IN WITNESS WHEREOF, the parties have executed the THIRD AMENDMENT O A REEMENT in the County of Orange, State of California. DATED: /a Ab ATTEST:' I C tv Clei M CITY OF SSM JUAN CAPISTRANO AS TO FORM: joll (�wil • DATED: WU 0 ICOUNTY OF ORANGE BY: Chad of the Bo [d of Supervisors Signed and certified that a copy of this document has been delivered to the Chair of the Board per G.C. Sec. 25103,R 79-1535 Attest: n st'®°`�.o Darlene J. Bloom Clerk of the BoardV Supervisors Orange County, California APPROVED AS TO FORM: Office of the County Counsel Orange County, California BY:— Deputy DATED: S'/1i/ze•L atF.rs:��WW 320 N. FLOWER STREET SANTA ANA, CA 92703 (714)647-7000 Ms. Maria Morris Ll SHERIFF -CORONER DEPARTMENT COUNTY OF ORANGE RECEIVNDRA HUTCHENSE SA CALIFORNIA ERIFF-CORONER Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 �y EXECUTIVE COMMAND STAFF 1W8 A 14 A O' J.1I B.NDAVIS DERSON RICK DOSTAL CITY CLERK CHARLES WALTERS July 3, 2008 SAN JUAN CAPISTRANO Re: FY 2008-2009 Third Amendment for Law Enforcement Services Dear Ms. Morris: Enclosed is the fully -executed Third Amendment to the Five -Year Agreement with the Sheriff -Coroner. The Amendment is in the amount of $6,898,558 and covers the period July 1, 2008 through June 30, 2008. Also enclosed is a copy of the Minute Order of the Orange County Board of Supervisors June 24, 2008, meeting. If you have any questions, please call me at (714) 834-3352. Sincerely, A-2 Patricia Bello, Contract Manager Law Enforcement Contracts Enclosures Cc: Captain Ron White Lieutenant Mike Betzler Director Jane Reyes Michael Cantor, Senior Management Analyst (SJC) Noma Crook -Williams, Revenue/Audit Manager Karen Huynh, Sr. Accounting Assistant PROUDLY SERVING THE UNINCORPORATED AREAS OF ORANGE COUNTY AND THE FOLLOWING CITIES AND AGENCIES: 11��' ,-j', W ALISO VIEJO • DANA POINT -LAGUNA HILLS -LAGUNA NIGUEL • LAGUNA WOODS • LAKE FOREST • MISSION VIEJO RANCHO SANTA MARGARITA • SAN CLEMENTE • SAN JUAN CAPISTRANO . STANTON • VILLA PARK OC PARKS • DANA POINT HARBOR • JOHN WAVNE AIRPORT • OCTA SUPERIOR COURT i ORANGE COUNTY BOARD OF SUPERVISORS MINUTE ORDER June 24, 2008 Suhmrtting,9¢ency/Department Sheriff -Coroner Approve amendment 3 to five-year agreement with San Juan Capistrano for law enforcement services, 7/1/08 - 6/301,09 ($6,898,558); and authorize Sheriff -Coroner to execute amendments under certain conditions - District 5 The following is action taken by the Board of Supervisors: APPROVED AS RECOMMENDED ® OTHER ❑ Unanimous O (l) NGUYEN: Y (2) MOORLACH: Y (3) CAMPBELL: Y (4) NORBY: X (5) BATES: Y Vote Key: Y = Yes; N=No; A=Abstain; X=Excused; B.O. =Board Order Documents accompanying this matter: O Resolution(s) O Ordinances(s) Contracts) Item No. 60 Special Notes: Copies sent to: Sheriff -Coroner/ Kathy Douglas CEO �bd*- 1 certify that the foregoing is a true and correct copy of the .Minute Order adopted by the Board of Supervisors«comma» <<actingav Orange County, State of California. DARLENE J. BLOOM, Clerk of the Board Deputy 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 4931053 FAX mvw salij uancapistrano. olg TRANSMITTAL Patricia Bello OCSD 320 N. Flower Street Santa Ana, CA 92703 DATE: June 19. 2008 FROM: Maria Morris, Deputy City Clerk (949) 443-6309 RE: Law Enforcement Services FY 2008-09 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO DR- LONDRES USO Enclosed are four original agreements. Please return to our office an original executed agreement. If you have questions concerning the agreement, please contact Michael Cantor, Senior Management Analyst (949) 234-4565. Cc: Michael Cantor, Senior Management Analyst San Juan Capistrano: Preserving the Past to Enhance the Future 0 Ptlnled on 100% recycleE paper • • 6/17/2008 AGENDA REPORT TO: David F. Adams, City Manager 50 - FROM: Michael Cantor, Senior Management Analyst SUBJECT: Consideration of the Third Amendment to the Agreement for Law Enforcement Services for Fiscal Year 2008-2009 (Orange County Sherriffs Department). RECOMMENDATION: K • By motion, approve the Third Amendment to the Five-year Agreement between the City of San Juan Capistrano and the County of Orange for the provision of law enforcement services with the third year amount of $6,898,558 from July 1, 2008 to June 30, 2009. SITUATION: Since 1961, the City of San Juan Capistrano has contracted with the County of Orange for the Sheriff -Coroner Department to provide law enforcement services. In 2005, the City Council approved a new five-year Service Agreement between the County and the City which will expire on June 30, 2010. This is the third amendment to the new five- year service agreement that begins July 1, 2008 through June 30, 2009. The financial obligation of the City for services provided for the 12 month period commencing on July 1, 2009, will be determined by the county and approved by the City. The financial obligation from July 1, 2008 to June 30, 2009 is $6,898,558. Staffing for the new fiscal year agreement is as follows: Staff General Responsibility 1- Lieutenant Chief of Police Services 4 - Sergeants Field supervision and administrative duties 2 - Investi ators Investigate general crimes in the Cit 21- Deputy Sheriffs Patrol, special enforcement, school resource officer, red-light camera administration, directed enforcement, and motorcycle traffic enforcement, among other duties 2 - Community Services Officers Parking enforcement and traffic accident investigation Agenda Report • Page 2 June 17, 2008 Shared staff and South County Regional Support Services is as follows: Shared staff Responsibilit Ser eant 1 Traffic Deputy Sheriff II 4 Traffic Investigative Assistant (1) Traffic Office S ecialist 1 Traffic Motorcycle Ser eant 1 Traffic Ser eant 1 Auto Theft Investigators 2 Auto Theft Investigative Assistant 1 Auto Theft Office Specialist 1 Auto Theft Investigative Assistants 3 Court Ser eant1 Motorcycle The Agreement (see Attachment 1) specifically describes the various services to be provided by the Sheriffs Department. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: Not Applicable. FINANCIAL CONSIDERATIONS: The total cost of services is $6,898,558. The amount has been included in the 2008- 2009 fiscal year budget. Last year's adjusted services were $6,591,452. The increase is based on the following: • Annualized cost of salary and employee benefit increases negotiated in FY 2007-08 • Increased overtime usage • Increased Direct Services & Supplies cost • Increased transportation cost • Recurring costs for new Patrol Video Systems NOTIFICATION: Jack Andersen, Acting Sheriff -Coroner, Orange County Sheriffs Department Agenda Report • • Page 3 RECOMMENDATION: June 17, 2008 By motion, approve the Third Amendment to the Five-year Agreement between the City of San Juan Capistrano and the County of Orange for the provision of law enforcement services with the third year amount of $6,898,558 from July 1, 2008 to June 30, 2009. Respectfully submitted, Michael Cantor Senior Management Analyst Attachment: 1. Agreement 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 26 0 0 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 May 2008, 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, 2008, that certain Agreement between the parties commencing July 1, 2005, hereinafter referred to as the "Agreement". 1. For the period July 1, 2008 through June 30, 2009, Subsection C-4 of the Agreement is amended to read as follows: "4. The level of service, other than for licensing, to be provided by COUNTY for the period July 1, 2008 through June 30, 2009, shall be as follows: Supervision: • One (1) Lieutenant (80 hours per two week pay period) • Four (4) Sergeants (each 80 hours per two week pay period) Investigation Services: • Two (2) Investigators (each 80 hours per two-week pay period) Patrol/Traffic Services: • Fifteen (15) designated one -deputy units (80 hours per two week pay period, per unit) Page 1 of 8 ATTACHMENT 1 Patrol/Traffic Services: (Continued) 2 Two (2) designated motorcycle units 3 (80 hours per two week pay period, per unit) 4 Deployment to be determined by SHERIFF in cooperation with CITY 5 Manager. 6 Community Support Unit: 7 • Four (4) Deputy Sheriff II (each 80 hours per two week pay period) 8 Parking Control: 9 Two (2) Community Services Officers 10 (each 80 hours per two week pay period) 11 Shared Staff and South County Regional Support Services: 12 • 9.15 percent of one half of one (.5) Sergeant — Traffic 13 • 9.15 percent of four (4) Deputy Sheriff IIs — Traffic 14 • 9.15 percent of one (1) Investigative Assistant — Traffic 15 • 9.15 percent of one (1) Office Specialist — Traffic 16 • 6.21 percent of one fourth of one (.25) Sergeant — Auto Theft 17 • 6.21 percent of two (2) Investigators — Auto Theft 18 • 6.21 percent of one (1) Investigative Assistant — Auto Theft 19 • 6.21 percent of one (1) Office Specialist — Auto Theft 20 • 9.68 percent of three (3) Investigative Assistants — Court 21 • 6.25 percent of one half of one (.5) Motorcycle Sergeant' 22 2. Effective July 1, 2008, Section E is amended to read: 23 "E. PATROL VIDEO SYSTEMS: 24 1. As part of the law enforcement services to be provided to CITY, COUNTY 25 has provided, or will provide, patrol video systems (hereinafter called 26 "PVS") that are or will be mounted in patrol vehicles designated by 27 COUNTY for use within CITY service area. 28 Page 2 of 8 0 0 1 2. SHERIFF has the exclusive right to use said PVS for law enforcement 2 services related to this Agreement. 3 3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition 4 and installation of Patrol Video Systems that are or will be mounted in 5 patrol vehicles assigned to CITY, and b) recurring costs, as deemed s necessary by COUNTY, including the costs of maintenance and 7 contributions to a fund for replacement and upgrade of such PVS when 8 they become functionally or technologically obsolete. 9 (i) CITY'S obligation to COUNTY for the acquisition cost of the PVS to 10 be installed in CITY vehicles prior to February 1, 2009 (estimated at 11 $72,040) is in addition to and is not included in the costs set forth in 12 Subsection G-2 and the Maximum Obligation of CITY set forth in 13 Subsection G-3 of this Agreement. COUNTY shall notify CITY of the 14 actual amount owing to COUNTY for said acquisition costs. CITY 15 shall pay COUNTY by December 31, 2008 or 30 days after 16 notification by COUNTY of the actual costs, whichever is later, for the 17 full acquisition cost of said PVS. 18 (ii) The costs to be paid by CITY for recurring costs, including 19 maintenance and replacement/upgrade of PVS, are included in the 20 costs set forth in Subsection G-2 and the Maximum Obligation of CITY 21 set forth in Subsection G-3 of this Agreement unless CITY has already 22 paid such costs. CITY shall not be charged additional amounts for 23 maintenance or replacement/upgrade of said PVS during the period 24 July 1, 2008 through June 30, 2009. 25 4. If, following the initial acquisition of PVS referenced above, CITY requires 28 PVS for additional patrol cars designated for use in the CITY service area, 27 COUNTY will purchase said additional PVS. Upon demand by COUNTY, 28 CITY will pay to COUNTY a) the full costs of acquisition and installation of Page 3 of 8 1 said additional PVS, and b) the full recurring costs for said PVS, as 2 deemed necessary by COUNTY, including the costs of maintenance, and 3 contributions to a fund for replacement and upgrade of such PVS when 4 they become functionally or technologically obsolete. Said costs related to 5 additional PVS are not included in, and are in addition to, the costs set s forth in Subsection G-2 and the Maximum Obligation of CITY set forth in 7 Subsection G-3 of this Agreement." 8 3. For the period of July 1, 2008 through June 30, 2009, Subsections G-2, G-3, G-4, 9 and G-6 of the Agreement are amended to read as follows: 10 "G-2. Unless the level of service described in Subsection C-4 is increased or 11 decreased, the cost of services described in Subsection C-4 of this 12 Agreement, other than Licensing Services, to be provided by the COUNTY 13 for the period July 1, 2008 through June 30, 2009, shall be as follows: 14 SERVICE COST OF SERVICE 15 Supervision: 16 One (1) Lieutenant 17 @ $273,191 /each $ 273,191 18 Supervision: 19 Four (4) Sergeants 20 @ $259,775/each $ 1,039,100 21 Investigation Services: 22 Two (2) Investigators 23 @ $256,395/each $ 512,790 24 Patrol/Traffic Services: 25 • Fourteen (14) Patrol Units 26 @ $215,082/unit $ 3,011,148 27 • One (1) Patrol Unit — Special Enforcement 28 @ $198,177/unit $ 198,177 Page 4 of 8 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 n 18 19 20 21 22 23 24 25 26 27 28 0 0 SERVICE COST OF SERVICE • Two (2) Motorcycle Patrol Units @ $202,939/unit $ 405,878 Community Support Unit: • Four (4) Deputy Sheriff IIs @ $199,408/each $ 797,632 Parking Control: • Two (2) Community Services Officers @ $107,348/each $ 214,696 Shared Staff and South County Regional Support Services: • 9.15% of one half of one (5) Sergeant - Traffic @ $235,143/each $ • 9.15% of four (4) Deputy Sheriff IIs - Traffic @ $184,121/each $ • 9.15% of one (1) Investigative Assistant - Traffic @ $87,964/each $ • 9.15% of one (1) Office Specialist - Traffic @ $73,589/each $ • 6.21 % of one fourth of one (.25) Sergeant — Auto Theft @ $235,143/each $ • 6.21 % of two (2) Investigator — Auto Theft @ $212,190/each $ • 6.21 % of one (1) Investigative Assistant — Auto Theft @ $89,054/each $ • 6.21 % of one (1) Office Specialist — Auto Theft @ $73,125/each $ • 9.68% of three (3) Investigative Assistants — Court @ $89,222/each $ Page 5 of 8 := 6,733 3,651 26,354 5,530 4,541 25,910 1 SERVICE COST OF SERVICE 2 • 6.25% of one half of one (5) Motorcycle Sergeant 3 @ $258,454/each $ 8,076 4 Other Charges and Credits: $ 278,956 5 Charges: Mobile Data Computer (MDC) recurring costs; 6 Contract management; premium pay for bilingual staff; annual 7 leave, on-call and holiday pay; data line charges; mileage s interest for replacement vehicles; Patrol Video System recurring 9 costs; services and supplies. 10 Credits: False alarm fees; reimbursement for training and 11 miscellaneous programs. 12 TOTAL COST OF SERVICES 6.898.558" 13 "G-3. Unless the level of service described in Subsection C-4 is increased or 14 decreased, the Maximum Obligation of CITY for services, other than 15 Licensing Services, that are referenced in Subsection C-4 of this Agreement 16 and rendered by COUNTY between July 1, 2008 and June 30, 2009, is 17 $6,898,558." 18 "G-4. At the time this THIRD Amendment is executed, there are not unresolved 19 issues pertaining to potential increases in salaries and benefits for COUNTY 20 employees. Subsections G -4.a. and G -4.b. are inoperative during the 21 period July 1, 2008 through June 30, 2009." 22 "G-6. COUNTY shall invoice CITY monthly, one -twelfth (1/12) of the Maximum 23 Obligation of CITY." 24 4. For the period July 1, 2008 through June 30, 2009, Subsection N-3 is amended to 25 read as follows: 26 "N-3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition and 27 installation of MDCs that are or will be mounted in patrol vehicles and 28 motorcycles assigned to CITY, and b) recurring costs, as deemed Page 6 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 necessary by COUNTY, including the costs of maintenance and contributions to a fund or replacement and upgrade of such MDCs when they become functionally or technologically obsolete. The costs to be paid by CITY for recurring costs, including maintenance and replacement/upgrade of MDCs, are included in the costs set forth in Subsection G-2 and the Maximum Obligation of CITY set forth in Subsection G-3 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, 2008 through June 30, 2009." 5. All other provisions of the Agreement, as previously amended, to the extent that they are not in conflict with this THIRD AMENDMENT TO AGREEMENT, remain unchanged. Page 7 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties have executed the THIRD AMENDMENT TO AGREEMENT in the County of Orange, State of California. DATED: ]ATTEST: City Clerk DATED: COUNTY OF ORANGE M, Chair of the Board of Supervisors CITY OF SAN JUAN CAPISTRANO BY: Mayor APPROVED AS TO FORM: BY: nil, Q, "i P 'City Attorney Signed and certified that a copy of this document has been delivered to the Chair of the Board per G.C. Sec. 25103, Reso 79-1535 Attest: Darlene J. Bloom Clerk of the Board of Supervisors Orange County, California APPROVED AS TO FORM: Office of the County Counsel Orange County, California BY:��� Deputy DATED: . - Page 8 of 8 r1 u 32400 PASEO ADEILANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www,sanjuancapistrano. org MEMBERS OF THE CITY COUNCIL NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL SAM ALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO DR. LONORES USO The City Council of San Juan Capistrano will meet at 6:30 p.m. on Tuesday, June 17, 2008 in the City Council Chamber in City Hall, to consider: "Consideration of the Third Amendment to the Agreement for Law Enfocement Services for Fiscal Year 2008-2009 (Orange County Sheriff's Department)" — Item No. D6. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, June 16, 2008 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Micheal Cantor, Senior Management Analyst. You may contact that staff member at (949) 234-4565 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: cityclerk(a)sanivancapistrano.oro. Meg Monahan, MMC City Clerk cc; Jack Andersen, Acting Sheriff -Coroner, Orange County Sheriffs Department; Micheal Cantor, Senior Management Analyst * Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future 0 printed on 100% recycled paper CI AGENDA ITEM • 6/17/2008 TO: Honorable Mayor and Members of the City Council FROM: Dave Adams, City Manager` D16 SUBJECT: Consideration of a Resolution Supporting Establishment of Occupancy Limits for Single Family Residences RECOMMENDATION: By motion, adopt a resolution supporting the establishment of occupancy level limitations in single family residences SITUATION: On April 21, 2008, the Mayor signed letters to our State elected representatives expressing a desire to see legislation introduced which would limit the number of occupants in single family residences. The City is barred from placing more stringent occupancy limits in apartments and single family homes by the Uniform Housing Code (UHC). Overcrowding in our residential areas places strains on parking, impacts on public schools, and the possibility of increased crime when more occupants occupy a structure than was initially planned for. The attached resolution requests the assistance of our state representative in introducing legislation which would allow cities the ability to increase the number of square feet per person in a dwelling unit. NOTIFICATION: None. RECOMMENDATION: By motion, adopt a resolution supporting the establishment of occupancy level limitations in single family residences Respectfully submitted, QQ ^ Dave Adams City Manager Attachment: 1. Resolution Prepared by, ` Catherine Salcedo Executive Assistant 0 0 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, SUPPORTING THE ESTABLISHMENT OF OCCUPANCY LEVEL LIMITATIONS IN SINGLE FAMILY RESIDENCES WHEREAS, with respect to the California Uniform Housing Code (UHC), the City of San Juan Capistrano has determined that revisiting the current allowable occupancy limits in single family homes in the State of California as stated in the UHC has become necessary; and WHEREAS, the UHC (Section 503.2) allows for occupancy in homes by square footage and not number of bedrooms as originally planned for the community (a 932 square foot home allows for 15 occupants under the UHC occupancy formula); and WHEREAS, the overcrowding of single family residences negatively impacts property maintenance and sewer capabilities as initially designed for a less densely populated area; and WHEREAS, overcrowding overloads city services such as police and fire protection and jeopardizes the lives and safety of residents. WHEREAS, the City of San Juan Capistrano has an unusually large amount of traffic and parking issues that are negatively impacted by increased occupancy levels in homes and neighborhoods originally intended for single families; and WHEREAS, the overcrowding of public schools and increased student transportation has had a significant impact on the community; and WHEREAS, in accordance with the needs of the community due to the growing population and increased housing costs, the City of San Juan Capistrano has adopted a coordinated housing and economic development strategy. New affordable housing will be targeted for designated growth areas and commercial and transit corridors that can benefit from and support increased housing density; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Juan Capistrano does hereby urge its State Assembly and State Senate Representatives, by letter and receipt of this resolution, to introduce and support legislation requiring a more feasible limitation on housing occupancy rates in the State of California. PASSED, APPROVED, AND ADOPTED this _ day of 2008. CADa ents and Settings\csalcedo\DeslRop\RESOLUTION -home ocoapa y.doc ATTACHMENTI • 0 Joe Soto, Mayor ATTEST: MARGARET R. MONAHAN, CITY CLERK C:\Docoments end Settings\cmlcedo\Desktop\RESOGUTTON -home occupency.doc 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND THE COUNTY OF ORANGE THIS SECOND AMENDMENT TO AGREEMENT is entered into this FIRST day of May 2007, 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, 2007, that certain Agreement between the parties commencing July 1, 2005, hereinafter referred to as the "Agreement'. 1. For the period July 1, 2007 through June 30, 2008, Subsection C-4 of the the Agreement is amended to read as follows: "4. The level of service, other than for licensing, to be provided by COUNTY for the period July 1, 2007 through June 30, 2008, shall be as follows: Supervision: • One (1) Lieutenant (80 hours per two week pay period) • Four (4) Sergeants (each 80 hours per two week pay period) Investigation Services: • Two (2) Investigators (each 80 hours per two-week pay period) Patrol/Traffic Services: • Fifteen (15) designated one -deputy units (80 hours per two week pay period, per unit) • Two (2) designated motorcycle units (80 hours per two week pay period, per unit) Deployment to be determined by SHERIFF in cooperation with CITY Manager. Page 1 of 7 Sp 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 n 18 19 20 21 22 23 24 25 26 27 28 0 0 Community Support Unit: Four (4) Deputy Sheriff II (each 80 hours per two week pay period) Parking Control: • Two (2) Community Services Officers (each 80 hours per two week pay period) Shared Staff and South County Regional Support Services: 8.36 percent of one half of one (.5) Sergeant — Traffic • 8.36 percent of four (4) Deputy Sheriff lis — Traffic 8.36 percent of one (1) Investigative Assistant — Traffic 8.36 percent of one (1) Office Specialist — Traffic • 5.89 percent of one fourth of one (.25) Sergeant — Auto Theft 5.89 percent of two (2) Investigators —Auto Theft • 5.89 percent of one (1) Investigative Assistant — Auto Theft • 5.89 percent of one (1) Office Specialist — Auto Theft • 10.03 percent of three (3) Investigative Assistants — Court 6.66 percent of one half of one (.5) Motorcycle Sergeant' 2. For the period of July 1, 2007 through June 30, 2008, Subsections G-2, G-3, G-4, and G-6 of the Agreement are amended to read as follows: "G-2. Unless the level of service described in Subsection C-4 is increased or decreased, or CITY is required to pay for increases as set forth in Subsection G-4, the cost of services described in Subsection C-4 of this I// Agreement, other than Licensing Services, to be provided by the COUNTY for the period July 1, 2007 through June 30, 2008, shall be as follows: SERVICE Supervision: • One (1) Lieutenant @ $241,904/each Page 2 of 7 COST OF SERVICE $ 241,904 1 2 3 4 5 8 9 10 11 12 13 14 15 16 n 18 19 20 21 22 23 24 25 26 27 28 • SERVICE COST OF SERVICE Supervision: • Four (4) Sergeants @ $229,154/each $ 916,616 Investigation Services: • Two (2) Investigators @ $230,4151each $ 460,830 Patrol/Traffic Services: • Fourteen (14) Patrol Units @ $195,750/unit $ 2,740,500 • One (1) Patrol Unit — Special Enforcement @ $180,057/unit $ 180,057 • Two (2) Motorcycle Patrol Units @ $184,742/unit $ 369,484 Community Support Unit: • Three (3) Deputy Sheriff IIs @ $182,513/each $ 547,539 • One (1) Deputy Sheriff II @ $180,057/each $ 180,057 Parking Control: • Two (2) Community Services Officers @ $94,820/each $ 189,640 Shared Staff and South County Regional Support Services: • 8.36% of one half of one (5) Sergeant - Traffic @ $214,716/each $ 8,975 • 8.36% of four (4) Deputy Sheriff IIs - Traffic @ $167,193/each $ 55,909 Page 3 of 7 2 3 4 5 6 8 9 10 11 12 13 14 15 16 n 18 19 20 21 22 23 24 25 26 27 28 s • SERVICE COST OF SERVICE • 8.36% of one (1) Investigative Assistant - Traffic @ $77,508/each $ 6,480 • 8.36% of one (1) Office Specialist - Traffic @ $69,841/each $ 5,838 • 5.89% of one fourth of one (.25) Sergeant — Auto Theft @ $214,716/each $ 3,162 • 5.89% of two (2) Investigator — Auto Theft @ $185,256/each $ 21,823 • 5.89% of one (1) Investigative Assistant — Auto Theft @ $77,508/each $ 4,565 • 5.89% of one (1) Office Specialist — Auto Theft @ $68,297/each $ 4,023 10.03% of three (3) Investigative Assistants — Court @ $80,684/each $ 24,278 • 6.66% of one half of one (5) Motorcycle Sergeant @ $223,272/each $ 7,440 Other Charges and Credits: $ 280,911 Charges: MDC recurring cost; Contract management; premium pay for bilingual staff; annual leave, on-call and holiday pay; data line charges; mileage interest for new and replacement vehicles; video camera replacement; services and supplies. Credits: False alarm fees; reimbursement for training and miscellaneous programs; cost difference of a Deputy Investigator rotational position and an Investigator. TOTAL COST OF SERVICES S 6.250.031" "G-3. Unless the level of service described in Subsection C-4 is increased or decreased, or CITY is required to pay for increases as set forth in Page 4 of 7 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C • Subsection G-4, 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, 2007 and June 30, 2008, is $6,250,031." "G-4 a. At the time this SECOND Amendment is executed, there are unresolved issues pertaining to potential increases in salaries and benefits for COUNTY employees. The costs of such potential increases are not included in the Fiscal Year 2007-08 costs set forth in Subsection G-2 nor in the Fiscal Year 2007-08 Maximum Obligation of CITY set forth in Subsection G-3 of this SECOND Amendment. If COUNTY incurs or becomes obligated to pay for any such increases for or on account of personnel whose costs are included in the calculations of costs charged to CITY hereunder, CITY shall pay COUNTY, in addition to the Maximum Obligation set forth in Subsection G-3 of this SECOND Amendment, the full costs of said increases to the extent such increases are attributable to work performed by such personnel during the period July 1, 2007 through June 30, 2008, 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, 2007 and June 30, 2008 remaining after COUNTY notifies CITY that increases are payable. b. If CITY is required to pay for increases as set forth in Subsection G -4-a above, COUNTY, at the request of CITY, will thereafter reduce the level of service to be provided to CITY pursuant to Subsection C-4 of this SECOND Amendment to a level that will make the Maximum Obligation of CITY hereunder an amount specified by CITY that is equivalent to or higher than the Maximum Obligation set forth in Subsection G-3 of this SECOND Amendment at the time it originally was executed. The purpose of such adjustment of service levels will be to give CITY the option of keeping its Page 5 of 7 1 2 3 4 5 6 7 8 s 10 11 12 13 14 15 16 17 18 1s 20 21 22 23 24 25 26 27 28 Maximum Obligation hereunder at the pre -increase level or at any other higher 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 the 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-6 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-4 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, 2007 and June 30, 2008." 3. For the period July 1, 2007 through June 30, 2008, Subsection N-3 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 or replacement and upgrade of such MDCs when they become functionally or technologically obsolete. The costs to be paid by CITY for recurring costs, including maintenance and replacement/upgrade of MDCs, are included in the costs set forth in Subsection G-2 and the Maximum Obligation of CITY set forth in Subsection G-3 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, 2007 through June 30, 2008." 4. All other provisions of the Agreement, as previously amended, to the extent that they are not in conflict with this SECOND AMENDMENT TO AGREEMENT, remain unchanged. Page 6 of 7 1 2 3 4 5 6 8 s 10 11 12 13 14 15 16 n 18 1s 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties have executed the SECOND AMENDMENT TO AGREEMENT in the County of Orange, State of California. ATTES DATED:('e X(e /o 7 COUNT�ORANGE BY: w4okz�_ Chair of the Board Supervisors DATED: �2J v% -Q (5 . a -p CITY O SAN JUAN CAPISTRANO BY: Sa Al evato -Mayor APPROVED AS TO FORM: BY: 6(U✓1 City Attorney l U SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THAIRMAN HE BO RD. BY: 8 Darlene J. BI om Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM: Office of the County Counsel Orange County, California BY: 117ACal zl�". !-��7 ,/ Deputy -7 DATED: 5/1107 Page 7 of 7 320 N. FLOWER STREET SANTA ANA, CA 92703 (714) 647-7000 *HERIFF-CORONER DEPARTMW Ms. Meg Monahan, MMC City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 COUNTY OF ORANGE CALIFORNIA MICHAEL S. CARONA SHERIFF -CORONER UNDERSHERIFF JO ANN GALISKY ASSISTANT SHERIFFS JACK ANDERSON STEVE BISHOP DANIEL MARTINI CHARLES WALTERS July 13, 2007 Re: FY 2007-2008 Second Amendment for Law Enforcement Services Dear Ms. Monahan: Enclosed is the fully -executed Second Amendment to the Five Year Agreement with the Sheriff -Coroner. The Amendment is in the amount of $6,250,031 and covers the period July 1, 2007 through June 30, 2008. Also enclosed is a copy of the Minute Order of the Orange County Board of Supervisors June 26, 2007, meeting. If you have any questions, please call me at (714) 834-3352. Sincerely, Patricia Bello, Contract Manager Law Enforcement Contracts Enclosures Cc: Captain Ron White Lieutenant Mike Betzler Director Rick Dostal Michael Cantor, Senior Management Analyst PROUDLY SERVING THE UNINCORPORATED AREAS OF ORANGE COUNTY AND THE FOLLOWING CITIES AND AGENCIES: ALISO VIEJO • DANA POINT • LAGUNA HILLS • LAGUNA NIGUEL • LAGUNA WOODS • LAKE FOREST • MISSION VIEJO RANCHO SANTA MARGARITA • SAN CLEMENTE • SAN JUAN CAPISTRANO • STANTON • VILLA PARK HARBORS, BEACHES 8 PARKS • JOHN WAYNE AIRPORT • OCTA • SUPERIOR COURT DRUG USE IS A8 0 ORANGE COUNTY BOARD OF SUPERVISORS MINUTE ORDER June 26, 2007 SubmittingA¢ency/Department: Sheriff -Coroner Approve amendment 2 to five-year agreement with San Juan Capistrano for law enforcement services, 7/1/07 - 6/30108 ($6,250,031); and authorize Sheriff -Coroner to execute amendments under certain conditions - District 5 The following is action taken by the Board of Supervisors: APPROVED AS RECOMMENDED ® OTHER O Unanimous ® (1) NGUYEN: Y (2) MOORLACH: Y (3) CAMPBELL: Y (4) NORBY: Y (5) BATES: Y Vote Key: Y= Yes; N=No; A=Abstain; X=Excused; B.O. =Board Order Documents accompanying this matter: O Resolution(s) O Ordinances(s) O Contract(s) Item No. 63 Special Notes: Copies sent to: CEO Sheriff -Coroner — Kathy Douglas Auditor O " 6/28/07 �J 1 certify that the foregoing is a true and correct copy of the Minute Order adopted by the Board of Supervisors , Orange County, State of California. DARLENE J. BLOOM, Clerk of the Board By. // Deputy 1 n U 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www.sanjuancapistrano.org TRANSMITTAL TO: JULAN • (t✓ IMBAHAABFO • ISIRBIISXfO � 196I 1776 Patricia Bello, Contract Manager Sheriff -Coroner Department, County of Orange 320 N. Flower Street Santa Ana, CA 92703 DATE: June 20, 2007 FROM: Maria Morris, Deputy City Clerk (949) 443-6309 RE: Second Amendment to the Law Enforcement Services Agreement MEMBERS OF THE CITY COUNCIL SAM ALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO DR. LONDRES USO Enclosed are the four original sets of the above mentioned Amendment, please forward one original set once it's fully executed. If you have questions concerning the agreement, please contact Michael Cantor, Senior Management Analyst (949) 234-4565. Cc: Michael Cantor, Senior Management Analyst Enclosure San Juan Capistrano: Preserving the Past to Enhance the Future �M Printed on 100% recycled! paper May 10, 2007 Mr. Dave Adams, City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Dear Mr. Adams: Enclosed are four original sets of the Second Amendment to the Law Enforcement Services Agreement with the Orange County Sheriff -Coroner. The Amendment is for the period from July 1, 2007 to June 30, 2008, and the total cost is $6,250,031. Please have your Council approve the Amendment prior to June 30, 2007. Please obtain the necessary signatures on each of the four original sets and return them to me for completion of the approval process. If you have any questions, please call me at (714) 834-3352. Sincerely, a44& Patricia Bello, Contract Manager Law Enforcement Contracts Enclosure Cc: Captain Ron White Lieutenant Mike Betzler Director Rick Dostal Mike Cantor, Senior Management Analyst PROUDLY SERVING THE UNINCORPORATED AREAS OF ORANGE COUNTYAND THE FOLLOWING CITIES AND AGENCIES: ALISO VIEJO • DANA POINT • LAGUNA HILLS • LAGUNA NIGUEL • LAGUNA WOODS LAKE FOREST • MISSION VIEJO RANCHO SANTA MARGARITA • SAN CLEMENTE • SAN JUAN CAPISTRANO • STANTON • VILLA PARK HARBORS, BEACHES & PARKS • JOHN WAYNE AIRPORT • OCTA • SUPERIOR COURT DRUG USE IS AB E 0 . MAY 1 4 2007 - SHERIFF -CORONER DEPARTMENT N�raiylky , COUNTY OF ORANGE CALIFORNIA MICHAEL S. CARONA SHERIFF -CORONER 320 N. FLOWER STREET ASSISTANT SHERIFFS SANTA ANA, CA 92703 STEVE BISHOP (714) 647-7000 JO ANN GALISKV KIM MARKUSON CHARLES L. WALTERS May 10, 2007 Mr. Dave Adams, City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Dear Mr. Adams: Enclosed are four original sets of the Second Amendment to the Law Enforcement Services Agreement with the Orange County Sheriff -Coroner. The Amendment is for the period from July 1, 2007 to June 30, 2008, and the total cost is $6,250,031. Please have your Council approve the Amendment prior to June 30, 2007. Please obtain the necessary signatures on each of the four original sets and return them to me for completion of the approval process. If you have any questions, please call me at (714) 834-3352. Sincerely, a44& Patricia Bello, Contract Manager Law Enforcement Contracts Enclosure Cc: Captain Ron White Lieutenant Mike Betzler Director Rick Dostal Mike Cantor, Senior Management Analyst PROUDLY SERVING THE UNINCORPORATED AREAS OF ORANGE COUNTYAND THE FOLLOWING CITIES AND AGENCIES: ALISO VIEJO • DANA POINT • LAGUNA HILLS • LAGUNA NIGUEL • LAGUNA WOODS LAKE FOREST • MISSION VIEJO RANCHO SANTA MARGARITA • SAN CLEMENTE • SAN JUAN CAPISTRANO • STANTON • VILLA PARK HARBORS, BEACHES & PARKS • JOHN WAYNE AIRPORT • OCTA • SUPERIOR COURT DRUG USE IS AB E n LJ AGENDA REPORT TO: David F. Adams, City Manager' FROM: Michael Cantor, Senior Management Analyst 9 6/19/2007 SUBJECT: Consideration of the Second Amendment to the Agreement for Law Enforcement Services for Fiscal Year 2007-2008. RECOMMENDATION: )E By motion, approve the Second Amendment to the Five-year Agreement between the City of San Juan Capistrano and the County of Orange for the provision of law enforcement services with the second year amount of $6,250,031 from July 1, 2007 to June 30, 2008. SITUATION: Since 1961, the City of San Juan Capistrano has contracted with the County of Orange for the Sheriff -Coroner Department to provide law enforcement services. In 2005, the City Council approved a new five-year Service Agreement between the County and the City which will expire on June 30, 2010. This is the second amendment to the new five- year service agreement that begins July 1, 2007 through June 30, 2008. The financial obligation of the City for services provided for the 12 month periods commencing on July 1, 2008 and 2009, will be determined annually by the county and approved by the City. The financial obligation from July 1, 2007 to June 30, 2008 is $6,250,031. Staffing for the new fiscal year agreement is as follows: Staff General Responsibility 1- Lieutenant Chief of Police Services 4 - Sergeants Field supervision and administrative duties 2 - Investigators Investi ate aeneral crimes in the Cit 21- Deputy Sheriffs Patrol, special enforcement, school resource officer, red-light camera administration, directed enforcement, and motorcycle traffic enforcement, among other duties 2 - Community Services Officers Parking enforcement and traffic accident investigation Agenda Report • • Page 2 June 19, 2007 Shared staff and South County Regional Support Services is as follows: Shared staff Responsibility Sergeant 1 Traffic Deputy Sheriff II 4 Traffic Investigative Assistant (1) Traffic Office Specialist 1 Traffic Motorcycle Sergeant 1 Traffic Sergeant 1 Auto Theft Investigators 2 Auto Theft Investigative Assistant 1 Auto Theft Office Specialist (1) Auto Theft Investigative Assistants 3 Court The Agreement (see Attachment 1) specifically describes the various services to be provided by the Sheriffs Department. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: Not Applicable. FINANCIAL CONSIDERATIONS: The total cost of services is $6,250,031. The amount has been included in the 2007- 2008 fiscal year budget. Last year's services were $5,989,859. The increase is based on the following: • Annualized cost of salary and employee benefit increases negotiated in FY 2006-07 • Increased benefit rates for FY 2007-08 • Increased Division Services & Supplies cost • Transportation cost increases The Association of Orange County Deputy Sheriffs contract expired in October 2006, and there are currently salary and benefit issues that remain to be resolved. Therefore, the proposed agreement includes provisions that require the City to pay for the cost of any increase in compensation or benefits, or to adjust the service level to stay within the maximum obligation of the agreement. NOTIFICATION: Michael S. Carona, Sheriff -Coroner, Orange County Sheriffs Department Agenda Report • • Page 3 June 19, 2007 RECOMMENDATION: By motion, approve the Second Amendment to the Five-year Agreement between the City of San Juan Capistrano and the County of Orange for the provision of law enforcement services with the second year amount of $6,250,031 from July 1, 2007 to June 30, 2008. Respectfully submitted, Michael Cantor Senior Management Analyst Attachment: 1. Agreement 1 SECOND AMENDMENT TO AGREEMENT 2 BETWEEN THE 3 CITY OF SAN JUAN CAPISTRANO 4 AND THE 5 COUNTY OF ORANGE 6 7 THIS SECOND AMENDMENT TO AGREEMENT is "entered into this a FIRST day of May 2007, which date is enumerated for purposes of reference only, by s and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as 10 "CITY", and the COUNTY OF ORANGE, a political subdivision of the State of 11 California, hereinafter referred to as "COUNTY", to amend, effective July 1, 2007, that 12 certain Agreement between the parties commencing July 1, 2005, hereinafter referred 13 to as the "Agreement". 14 1. For the period July 1, 2007 through June 30, 2008, Subsection C-4 of the 15 the Agreement is amended to read as follows: 15 "4. The level of service, other than for licensing, to be provided by COUNTY for the 17 period July 1, 2007 through June 30, 2008, shall be as follows: 18 Supervision: 19 . One (1) Lieutenant (80 hours per two week pay period) 20 . Four (4) Sergeants (each 80 hours per two week pay period) 21 Investigation Services: 22 . Two (2) Investigators (each 80 hours per two-week pay period) 23 Patrol/Traffic Services: 24 . Fifteen (15) designated one -deputy units 25 (80 hours per two week pay period, per unit) 26 . Two (2) designated motorcycle units 27 (80 hours per two week pay period, per unit) 28 Deployment to be determined by SHERIFF in cooperation with CITY Manager. Page 1 of 7 ATTACHMENT 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 26 27 28 0 0 Community Support Unit: • Four (4) Deputy Sheriff II (each 80 hours per two week pay period) Parking Control: Two (2) Community Services Officers (each 80 hours per two week pay period) Shared Staff and South County Regional Support Services: 8.36 percent of one half of one (.5) Sergeant — Traffic • 8.36 percent of four (4) Deputy Sheriff IIs — Traffic • 8.36 percent of one (1) Investigative Assistant — Traffic • 8.36 percent of one (1) Office Specialist — Traffic • 5.89 percent of one fourth of one (.25) Sergeant — Auto Theft • 5.89 percent of two (2) Investigators —Auto Theft • 5.89 percent of one (1) Investigative Assistant — Auto Theft • 5.89 percent of one (1) Office Specialist — Auto Theft • 10.03 percent of three (3) Investigative Assistants — Court • 6.66 percent of one half of one (.5) Motorcycle Sergeant' 2. For the period of July 1, 2007 through June 30, 2008, Subsections G-2, G-3, G-4, and G-6 of the Agreement are amended to read as follows: I // "G-2. Unless the level of service described in Subsection C-4 is increased or decreased, or CITY is required to pay for increases as set forth in Subsection G-4, the cost of services described in Subsection C-4 of this Agreement, other than Licensing Services, to be provided by the COUNTY for the period July 1, 2007 through June 30, 2008, shall be as follows: SERVICE Supervision: One (1) Lieutenant @ $241,904/each Page 2 of 7 COST OF SERVICE $ 241,904 2 3 4 51 6 7 8 9 10 1 11 12 13 14 15 1 16 17 18 19 20 21 22 23 24 25 26 27 28 1 I // SERVICE COST OF SERVICE Supervision: @ $180,057/unit • Four (4) Sergeants 180,057 @ $229,154/each $ 916,616 Investigation Services: @ $184,742/unit • Two (2) Investigators 369,484 @ $230,415/each $ 460,830 Patrol/Traffic Services: • Three (3) Deputy Sheriff IIs • Fourteen (14) Patrol Units @ $195,750/unit $ 2,740,500 • One (1) Patrol Unit — Special Enforcement @ $180,057/unit $ 180,057 • Two (2) Motorcycle Patrol Units @ $184,742/unit $ 369,484 Community Support Unit: • Three (3) Deputy Sheriff IIs @ $182,513/each $ 547,539 • One (1) Deputy Sheriff II @ $180,057/each $ 180,057 Parking Control: • Two (2) Community Services Officers @ $94,820/each $ 189,640 Shared Staff and South County Regional Support Services: • 8.36% of one half of one (5) Sergeant - Traffic @ $214,716/each $ 8,975 • 8.36% of four (4) Deputy Sheriff IIs -Traffic @ $167,193/each $ 55,909 Page 3 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 90 0 0 SERVICE COST OF SERVICE 8.36% of one (1) Investigative Assistant - Traffic @ $77,508/each $ 6,480 8.36% of one (1) Office Specialist - Traffic @ $69,841/each $ 5,838 5.89% of one fourth of one (.25) Sergeant — Auto Theft @ $214,716/each $ 3,162 5.89% of two (2) Investigator — Auto Theft @ $185,256/each $ 21,823 5.89% of one (1) Investigative Assistant — Auto Theft @ $77,508/each $ 4,565 5.89% of one (1) Office Specialist — Auto Theft @ $68,297/each $ 4,023 10.03% of three (3) Investigative Assistants — Court @ $80,684/each $ 24,278 6.66% of one half of one (5) Motorcycle Sergeant @ $223,272/each $ 7,440 Other Charges and Credits: $ 280,911 Charges: MDC recurring cost; Contract management; premium pay for bilingual staff; annual leave, on-call and holiday pay; data line charges; mileage interest for new and replacement vehicles; video camera replacement; services and supplies. Credits: False alarm fees; reimbursement for training and miscellaneous programs; cost difference of a Deputy Investigator rotational position and an Investigator. TOTAL COST OF SERVICES 6.250.031" "G-3. Unless the level of service described in Subsection C-4 is increased or decreased, or CITY is required to pay for increases as set forth in Page 4 of 7 1 2 3 4 5 6 7 8 13 14 15 16 17 18 1s 20 21 22 23 24 25 26 27 28 0 0 Subsection G-4, 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, 2007 and June 30, 2008, is $6,250,031." "G-4 a. At the time this SECOND Amendment is executed, there are unresolved issues pertaining to potential increases in salaries and benefits for COUNTY employees. The costs of such potential increases are not included in the Fiscal Year 2007-08 costs set forth in Subsection G-2 nor in the Fiscal Year 2007-08 Maximum Obligation of CITY set forth in Subsection G-3 of this SECOND Amendment. If COUNTY incurs or becomes obligated to pay for any such increases for or on account of personnel whose costs are included in the calculations of costs charged to CITY hereunder, CITY shall pay COUNTY, in addition to the Maximum Obligation set forth in Subsection G-3 of this SECOND Amendment, the full costs of said increases to the extent such increases are attributable to work performed by such personnel during the period July 1, 2007 through June 30, 2008, 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, 2007 and June 30, 2008 remaining after COUNTY notifies CITY that increases are payable. b. If CITY is required to pay for increases as set forth in Subsection G -4-a above, COUNTY, at the request of CITY, will thereafter reduce the level of service to be provided to CITY pursuant to Subsection C-4 of this SECOND Amendment to a level that will make the Maximum Obligation of CITY hereunder an amount specified by CITY that is equivalent to or higher than the Maximum Obligation set forth in Subsection G-3 of this SECOND Amendment at the time it originally was executed. The purpose of such adjustment of service levels will be to give CITY the option of keeping its Page 5 of 7 2 3 4 5 6 7 12 13 14 15 16 17 18 1s 20 21 22 23 24 25 26 27 28 0 0 Maximum Obligation hereunder at the pre -increase level or at any other higher 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 the 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-6 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-4 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, 2007 and June 30, 2008." 3. For the period July 1, 2007 through June 30, 2008, Subsection N-3 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 or replacement and upgrade of such MDCs when they become functionally or technologically obsolete. The costs to be paid by CITY for recurring costs, including maintenance and replacement/upgrade of MDCs, are included in the costs set forth in Subsection G-2 and the Maximum Obligation of CITY set forth in Subsection G-3 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, 2007 through June 30, 2008." 4. All other provisions of the Agreement, as previously amended, to the extent that they are not in conflict with this SECOND AMENDMENT TO AGREEMENT, remain unchanged. Page 6 of 7 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11 0 IN WITNESS WHEREOF, the parties have executed the SECOND AMENDMENT TO AGREEMENT in the County of Orange, State of California. ATTEST: City Clerk DATED: COUNTY OF ORANGE 190 Chair of the Board of Supervisors DATED: CITY OF SAN JUAN CAPISTRANO Mayor APPROVED ASTOFO BY: City Attorney SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. BY: Darlene J. Bloom Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM: Office of the County Counsel Orange County, California e BY: / 144� a - Deputy DATED: S 7 /d 7 sero, Page 7 of 7 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www.sanjuancapistrano.org dwan � t/5�' IAfOBYOAAifO isigmsem 1961 1776 MEMBERS OF THE CITY COUNCIL NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL SAM ALLEVATO THOMAS W. HROAR MARK NIELSEN JOE SOTO DR LONDRES USO The City Council of San Juan Capistrano will meet at 7:00 p.m. on June 19, 2007 in the City Council Chamber in City Hall, to consider: "Consideration of the Second Amendment of the Agreement for Law Enforcement Services for Fiscal Year 2007- 2008." — Item No. D4. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, June 18, 2007 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Michael Cantor, Senior Management Analyst. You may contact that staff member at (949) 234-4565 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: citvclerkio-sanivancapistrano. or -g. Meg Monahan, MMC City Clerk cc: Michael S. Carona, Cheriff-Coroner, Orange County Sheriffs Department; Michael Cantor, Senior Management Analyst Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future ti Printed on i00% recycled vase,