1992-0701_ORANGE ,COUNTY OF_Agreement0
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FIRST AMENDMENT TO AGREEMENT FOR
PROVISION OF GANG PREVENTION AND SUPPRESSION
SERVICES BETWEEN THE COUNTY OF ORANGE
AND
THE CITIES OF DANA POINT, LAGUNA NIGUEL,
AND SAN JUAN CAPISTRANO
The AGREEMENT between the COUNTY and the above referenced CITIES, which
was entered into effective February 28, 1992, is hereby amended with an
effective date of July 1, 1992, to add the City of Laguna Hills.
Therefore, the definition of CITIES included in the contract shall be
amended by the addition of the City of Laguna Hills, and all reference to
three CITIES shall now be changed to read four CITIES.
Section XIX shall be amended to add the following address for the mailing
of notices and payments:
Laguna Hills
25201 Paseo Be Aliera, Suite 150
Laguna Hills, Ca 92653
Attn: City Manager
IN WITNESS WHEREOF, the parties hereto have executed this amendment by
their duly authorized officers.
DATED: DeJo ber 2(), 1 � q')--
ATU
DATED:
ATTEST: m ,k"
Katherine M. Holl ood
City Clerk
CITY OF LAGUNA NIGUEL
Bir`�'� v VVWn
Thomas Wilson,
APPROVED AS TO FORM:
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CITY OF IDANA POINT
!a �Karen Llorede, Mayor
��
APPROVED AS TO FORM:
rr Patterson, City Attorney
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FIRST AMENDMENT TO AGREEMENT FOR
PROVISION OF GANG PREVENTION AND SUPPRESSION
SERVICES BETWEEN THE COUNTY OF ORANGE
AND
THE CITIES OF DANA POINT, LAGUNA NIGUEL,
AND SAN JUAN CAPISTRANO
The AGREEMENT between the COUNTY and the above referenced CITIES, which
was entered into effective February 28, 1992, is hereby amended with an
effective date of July 1, 1992, to add the City of Laguna Hills.
Therefore, the definition of CITIES included in the contract shall be
amended by the addition of the City of Laguna Hills, and all reference to
three CITIES shall now be changed to read four CITIES.
Section XIX shall be amended to add the following address for the mailing
of notices and payments:
Laguna Hills
25201 Paseo Be Aliera, Suite 150
Laguna Hills, Ca 92653
Attn: City Manager
IN WITNESS WHEREOF, the parties hereto have executed this amendment by
their duly authorized officers.
DATED: l>c'j b?( �0,'f''9 / CITY OF LAGUNA NIGUEL A
ATTE!
DATED: IOI� 1�a
ATTEST:b—
Katherine M. Hol ood
City Clerk
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AS TO FORM:
Dixo ,
CITY Off' DANA POINT
Karen LloredA, Mayor
APPROVED AS TO FORM:
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AGREEMENT
FOR
PROVISION OF GANG PREVENTION AND SUPPRESSION SERVICES
BETWEEN THE COUNTY OF ORANGE
AND
THE CITIES OF DANA POINT, LAGUNA NIGUEL, AND
SAN JUAN CAPISTRANO
This AGREEMENT, which shall be in effect for one year commencing on
February 28, 1992, is entered into by and between the COUNTY OF ORANGE, a political
sub -division of the State of California, hereinafter referred to as the "COUNTY," and
the cities of Dana Point, Laguna Niguel and San Juan Capistrano, hereinafter referred
to as the "CITIES." This Agreement shall be administered by the Chief Probation
Officer of the Orange County Probation Department, or his designee, hereinafter
referred to as the "ADMINISTRATOR."
1. WHEREAS, the CITIES are desirous of contracting with the COUNTY for
the provision of gang prevention and suppression for a specific Probation population
within the geographical boundaries of the cities of Dana Point, Laguna Niguel and San
Juan Capistrano, and the unincorporated area of the Fifth Supervisorial District; and
2.
WHEREAS,
the CITIES have appropriated funds to enter
into an
Agreement with
the COUNTY
for said gang prevention and suppression services;
and
3.
WHEREAS,
the COUNTY is willing and capable of providing a
service
addressing one or more of the objectives of the CITIES.
NOW, THEREFORE, in consideration of mutual promises, covenants, and
conditions hereinafter set forth, the parties agree as follows:
I. DESCRIPTION OF SERVICES. STAFFING
COUNTY agrees to provide those services, facilities, equipment and
supplies as described in the Exhibits A and B attached hereto and
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I incorporated herein by reference. COUNTY shall operate continuously
2 throughout the term of this Agreement with at least the minimum number and
3 type of staff required for provision of services hereunder. Such
4 personnel shall be qualified in accordance with all applicable statutes
5 and regulations. COUNTY agrees to submit to CITIES a list of persons and
6 any changes thereto, by name, title, professional degree and experience
7 who are to provide such services. COUNTY further agrees to comply with
8 all provisions, to perform all work and provide all services set forth in
9 this Agreement in a professional, timely and diligent manner.
10 II. PERIOD OF PERFORMANCE
11 The effective date of this Agreement shall be February 28, 1992 through
12 February 27, 1993. Services rendered and COUNTY'S right to incur obligations hereunder
13 and is renewable annually upon mutual agreement of the parties.
14 III. COMPENSATION
15 The CITIES shall pay the COUNTY for services rendered hereunder in a sum
16 not to exceed $69,380, payable on cost reimbursement basis upon submission of monthly
17 claims, in accordance with payment procedures as detailed in Article IV.
18 IV. FINANCIAL ACCOUNTABILITY
19 COUNTY agrees to provide fiscal procedures adequate to assure accounting
20 for the billing of costs to the CITIES under the Agreement in accordance with the
21 COUNTY's general accounting policies, Auditor-Controller's accounting policies and
22 procedures. All claimed reimbursements will be supported with source documents
23 retained by the COUNTY, including but not limited to time sheets, invoices, canceled
24 checks, receipts and receiving records.
25 The COUNTY agrees to reimburse the CITIES for expenditures determined to
26 be in violation of the terms and conditions of this Agreement.
27 A. Allowable Costs
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All items of cost, actually incurred, which are provided for in the
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appended budget, attached hereto as Exhibit B, shall be allowable
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for payment. Any Program Costs or Administrative Costs that cannot
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be charged directly to the Gang Prevention and Suppressions Program
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must be apportioned based on a Cost Allocation Plan approved by the
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COUNTY Auditor-Controller and must be certified by the
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Administrator, or his designee. Such certification is subject to
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audit as authorized in Section XI of this agreement. Allowable
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costs shall be paid to the COUNTY in accordance with the major cost
categories and maximum amounts as provided for in the appended
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contract budget. The maximum amount allowable for each of the major
cost categories (consisting of the totals for Personnel Services,
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Services and Supplies and Indirect Costs) within the contract may be
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adjusted provided that the overall budget and program goals and
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objectives are not changed. Line items within major categories may
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be adjusted up to ten percent (10%) cumulatively without prior
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approval as long as the expenditures are reasonable, appropriate,
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and necessary to achieve program objectives.
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B. Allocation of Costs
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Total actual costs billed by the COUNTY shall be borne equally by
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the three CITIES, without regard for how much time or service is
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actually provided to each CITY. It is expressly understood that the
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provision of gang prevention and suppression services is a regional
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problem that must be dealt with on a regional basis, the results of
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which will impact each CITY. The region referenced above shall be
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the CITIES of Laguna Niguel, San Juan Capistrano, Dana Point, and
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the unincorporated areas of the Fifth Supervisorial District. The
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COUNTY will not bill the CITIES for any services rendered outside of
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this region.
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Utilization and Payment of Funds
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COUNTY shall be reimbursed monthly in arrears for the actual costs
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incurred upon the submission of detailed invoices provided and
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submitted to the CITIES. The monthly invoices shall be submitted in
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such form and detail as required by the County Auditor-Controller
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and be accompanied by an affidavit signed by the COUNTY certifying
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the appropriateness of the costs claimed. CITIES must reimburse
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costs within thirty days of receipt of invoice. The COUNTY shall
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have sixty (60) days from the end of the contract period to
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liquidate all program obligations incurred during said contract
period. The COUNTY shall then submit the final claim for
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reimbursement within sixty (60) days of the end of the contract.
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The CITIES shall not be liable for any claims submitted beyond sixty
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(60) days of the end of the contract.
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D.
Eauioment
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Equipment is nonexpendable personal property, having a useful life
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of in excess of four years and a unit acquisition cost of $1,000 or
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more including tax and installation. All equipment purchased with
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CITY funds is the property of the COUNTY. COUNTY will be
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responsible for the replacement of all equipment after their useful
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life is exhausted.
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V. PROGRAM ADMINISTRATOR
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The ADMINISTRATOR shall have full authority to act for the COUNTY in the
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implementation of
this Agreement pursuant to the provisions of the contract herein,
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California State
law and Board actions and regulations adopted hereunder. The
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1 ADMINISTRATOR hereby appoints the supervisor of the Gang Suppressions Unit to supervise
2 and oversee the daily operation and administration of the contract, not inconsistent
3 with the provisions contained herein.
4 VI. DISPUTES
5 A. When the COUNTY and the CITIES fail to agree as to whether or not
6 any work is within the scope of the contract requirements, the
7 CITIES shall within 15 calendar days provide the COUNTY with a
8 written protest specifying in detail what particulars the contract
9 requirements were not fulfilled, and the proposed remedy.
10 B. The ADMINISTRATOR agrees to furnish a written decision within 30
11 County working days after receipt of such protest.
12 VII. STATUS OF COUNTY
13 COUNTY is and at all times shall be deemed to be an independent contractor
14 and shall be wholly responsible for the manner in which it performs the services
15 required of it by the terms of this Agreement. Nothing herein contained shall be
16 construed as creating the relationship of employer and employee, or principal and
17 agent, between the COUNTY and the CITIES. The COUNTY assumes exclusively the
18 responsibility for the acts of its employees as they relate to the services to be
19 provided during the course and scope of their employment. The COUNTY, its agents, and
20 employees shall not be entitled to any rights and privileges of CITY employees and
21 shall not be considered in any manner to be CITY employees.
22 VIII. AFFIRMATIVE ACTION
23 The COUNTY shall maintain an Affirmative Action Program Plan including the
24 setting of goals and timetables for minority employment which meet the requirements of
25 the Federal Equal Employment Opportunity Commission and the State of California Fair
26 Employment Practice Commission. No person shall, on the grounds of race, color,
27 national origin or sex, be excluded from participation in, or be denied the benefits
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I of, or be subject to discrimination under any program or activity funded in whole or
2 part with funds made available under this Agreement. Any prohibition against
3 discrimination on the basis of age under the Age Discrimination Act of 1975 or with
4 respect to any otherwise qualified handicapped individuals as provided in Section 504
5 of the Rehabilitation Act of 1973 shall also apply to any such program or activity.
6 Any prohibition against discrimination on the basis of religion or any exemption from
7 such prohibition as provided in the Civil Rights Act of 1964 or Title VIII of the Civil
8 Rights Act of 1986 shall all apply to any such program or activity. In the performance
9 of this Agreement, the COUNTY shall not discriminate against any employee or applicant
10 for employment on the basis of race, sex, color, religious ancestry, national origin,
11 age or as an otherwise qualified handicapped individual. This prohibition shall
12 pertain to employment, upgrading, demotion or transfer; recruitment advertising; layoff
13 or termination; rate of pay and other forms of compensation; selection for training,
14 including apprenticeship; and any other action or inaction pertaining to employment
15 matters. The COUNTY will permit access by City, State and Federal agencies to its
16 records of employment, application forms and other pertinent data and records for the
17 purpose of investigation to ascertain compliance with this section of the contract.
18 IX. NONDISCRIMINATION
19 The COUNTY shall not employ discriminatory practices in admission of
20 clients, employment of personnel, or in any other respect on the basis of race, color,
21 religion, national origin, ancestry, sex, age, or physical or mental handicap.
22 X. OTHER SOURCES OF INCOME
23 The COUNTY shall not bill the CITIES for any service, cost or expense for
24 which the COUNTY has been reimbursed by revenue, income or grants from any other
25 source.
26 XI. RIGHT TO AUDIT
27 The CITIES shall have access to any books, documents, papers and records
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I of the COUNTY which any of them determine to be pertinent to this specific Agreement,
2 for the purpose of making an audit, evaluation, excerpts and transcripts.
3 XII. RETENTION OF FINANCIAL RECORDS
4 The COUNTY shall maintain and preserve all books, financial statements,
5 journals, ledgers, source documents and other financial records for a period of seven
6 (7) years from the termination of this Contract and for such longer period as may be
7 required by any applicable statute. All financial records shall be kept or made
8 available to the CITIES at the COUNTY's principal place of business. Exceptions to the
9 above provisions of this section must have PRIOR WRITTEN APPROVAL OF THE ADMINISTRATOR.
10 Records which relate to: 1) litigation of the settlement of claims rising
11 out of the performance of this Agreement, or 2) costs and expenses of this Agreement
12 to which the CITIES take exception shall be retained by the COUNTY until disposition
13 of such appeals, litigation, claims, or exceptions.
14 XIII. INTERNAL CONTROLS
15 The COUNTY shall maintain necessary written procedures establishing
16 internal controls approved by the County Auditor-Controller for its personnel and shall
17 instruct all of its personnel in said procedures and continuously supervise its
18 operations to ensure compliance. Following execution of this contract a Memorandum of
19 Understanding specifying the responsibilities of the CITIES and the COUNTY shall
20 be completed in a timely manner.
21 XIV. CONFIDENTIALITY
22 The CITIES agree to maintain the confidentiality of all juvenile record
23 information pertaining to all minors under the jurisdiction of the Juvenile Court, or
24 the Juvenile Court Law of the State of California when such records come into the
25 possession of or are generated by the CITIES.
26 The CITIES, the CITIES' staff, and all agents and employees of the CITIES
27 shall maintain the confidentiality of such records in accordance with Orange County
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I Juvenile Court's policy titled Confidentiality and Release of Information dated
2 November 6, 1986, and adopted in accordance with Welfare and Institutions Code, Section
3 827, and all applicable statutes, court orders and case law. No access, disclosure or
4 release of such information shall be permitted except as authorized. If authorization
5 is in doubt, no such information shall be released without the prior approval and
6 consent of the Judge of the Juvenile Court.
7 Juvenile Record Information is understood to include all records and data
8 which identifies the subject of the information and associates him/her with any aspect
9 of the administration of the Juvenile Court Law of the State of California. Such
10 information includes but is not limited to the subject's offense history, social
11 history, all information of a diagnostic or evaluative nature, and any other personal
12 or confidential data which can be traced to the individual, whether generated by the
13 CITIES or not.
14 The CITIES agree to maintain the confidentiality of all records and
15 information pertaining to adult probationers. The CITIES, the CITIES' staff, and all
16 agents and employees of the CITIES shall maintain the confidentiality of all such
17 records, access to which may be limited by Title 42 of the Code of Federal Regulations,
18 Welfare and Institutions Code Section 5328 et. seq., Title 28, Parts 20 and 22 or the
19 Code of Regulations, California Penal Code Sections 1203.05, 1105-11081, 11105, 11140-
20 44, 13200-13202 and 13300-13305, or any other statute, court order or case law. No
21 access, disclosure, or release of such information shall be permitted except as
22 authorized by statute, court order or other lawful process.
23 Adult client information shall be understood to include all records and
24 data which identifies the subject of the information with the Criminal Justice System
25 within the State of California. Such information includes but is not limited to the
26 subject's offense history, social history, all information of a diagnostic or
27 evaluative nature and any other personal or confidential data which can be traced to
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I the individual, whether generated by the CITIES or not. It shall be understood by the
2 CITIES, the CITIES' staff and all agents and employees of the CITIES, that
3 unauthorized release of certain information as specified by statute may render the
4 CITIES or the CITIES' staff or any of the employees or agents of the CITIES liable for
5 criminal and/or civil penalties.
6 All written materials pertaining to adult and juvenile clients shall be
7 placed in a secure and locked file when not in use and access to such materials shall
8 be limited to specified authorized staff.
9 XV. INDEMNIFICATION
10 The COUNTY shall indemnify, hold harmless and defend the CITIES, its
II officers, agents and employees from any and all claims, demands, loss or liability for
12 injury, death or damage arising out of the acts or omission to act by County agents or
13 employees in carrying out this Agreement. CITIES shall indemnify, hold harmless and
14 defend the County, its officers, agents and employees from any and all claims, demands,
15 loss or liability for injury, death or damages arising out of the acts or omission to
16 act by CITIES agents or employees in carrying out this Agreement. Transmittal to the
17 COUNTY by the CITIES of any pleadings served shall be deemed to be a request to
18 defend. This indemnification shall commence on the effective date of this Agreement
19 and shall continue thereafter for any and all causes of action accruing during the term
20 of this Agreement.
21 XVI. CONTRACT MODIFICATIONS. CHANGES OR AMENDMENTS
22 This Contract constitutes the entire Agreement between the COUNTY and the
23 CITIES and may be modified only by further written agreement between the CITIES and the
24 ADMINISTRATOR. Unless modified by all parties to this agreement, future agreements
25 shall be under the same terms and conditions subject to budget adjustments related to
26 salary, benefit, or reimbursement charges.
27 XVII. QUARTERLY PROGRESS REPORTS
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The COUNTY shall submit weekly and monthly updates as well as quarterly
progress reports to the CITIES.
XVIII. DISTRIBUTION OF FORFEITED AND SEIZED ASSETS
A policy between the COUNTY and contract CITIES regarding the distribution
of forfeited and seized assets from drug enforcement activities does not currently
exist. Once a policy is established and approved by the CITY and COUNTY, said policy
will become a part of this contract by addendum.
XIX.
NOTICES
Notices and payments made payable to the County of Orange shall be sent to
the Probation Department addressed as follows:
Chief Probation Officer
County of Orange
909 N. Main
Santa Ana, CA 92701
Notices shall be sent to the CITIES addressed as follows:
Laguna Niguel Dana Point San Juan Capistrano
27821 La Paz Road 33282 Golden Lantern 32400 Paseo Adelanto
Laguna Niguel, CA 92656 Dana Point, CA 92629 San Juan Capistrano, CA 92675
Att: City Manager Att: City Manager Att: City Manager
IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly
authorized officers.
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DATED: �, 1 CILAGUNA NIGUEL
ATTEST: l^a /�w! 1�-✓ B
Juan9ta U. 2a ilia, City Clerk APPROVED A FORM: i U 04 --
DATED: CITY OF_RA
0 PO
ATTEST:
,
, uaty
nrrnvv;nlp�o rvtu a:
[7'£j�.��,. MKatherine M. Holly d, City Clerk vJe y M. Patterson, City Attorney
DATED: 2/4/92 CITY OF ISTR
ATTES BY�'
Gi 3 es, Mayor
City Clerk 10 -
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DATED
XGSP
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Chief
APPROVED) AS TO
Terry C. Andru
BY G
wa 0. a c. ru.
tion Officer
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EXHIBIT A
TO
AGREEMENT BETWEEN THE COUNTY AND THE
CITIES OF DANA POINT, LAGUNA NIGUEL, AND SAN JUAN CAPISTRANO
FOR THE PROVISION OF GANG PREVENTION AND SUPPRESSION SERVICES
PURPOSE
The purpose of the Program is to coordinate the resources of Law Enforcement, Schools,
and Probation in a joint program aimed at reducing gang -related incidents.
A. This will be accomplished by suppressing ongoing gang activity through intensive
probation supervision, raising community awareness through community education
programs, and preventing at -risk youth from entering gangs through referrals to
counseling programs.
B. This Program will work in a cooperative relationship between Orange County
Probation, Orange County Sheriff, and Unified School Districts within the cities
of Laguna Niguel, Dana Point, San Juan Capistrano, and the unincorporated areas
within the Fifth Supervisorial District.
C. Under the supervision of the Supervising Probation Officer of the Gang Violence
Suppressions Unit, a Deputy Probation Officer shall work in conjunction with a
designated Deputy Sheriff in the supervision and enforcement of court orders for
PROBATIONERS under the existing policy of the Orange County Probation Department
and Orange County Sheriff's Department. The Deputy Sheriff and Probation team
will work in conjunction with a designated school resource gang prevention
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1 coordinator to develop gang prevention strategies and gang education seminars.
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3 TARGET POPULATION
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5 A. ADULT AND JUVENILE PROBATIONERS whose primary residence is in Laguna Niguel, San
6 Juan Capistrano, Dana Point, and the remaining unincorporated areas of the Fifth
7 District, and who display one or more of the following characteristics:
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9 - Claims gang membership
10 - Associates with known gang members
it - Committed an offense with a gang member or,
12 - Displays indications of GANG at risk behavior.
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14 GEOGRAPHICAL AREA
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16 PROBATIONERS served by the program shall have as their primary residence San Juan
17 Capistrano, Dana Point, Laguna Niguel and the unincorporated areas of the Fifth
18 District served by the South Orange County Sheriff's Office.
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20 PROGRAM PROCESS
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22 PROBATIONERS who will potentially be supervised in the Gang Violence Suppression
23 Program (GVS) will have his/her case screened for the gang identification criteria by
24 the Supervising Probation Officer of the GVS Unit. PROBATIONERS who meet the criteria
25 will be accepted into the unit and assigned to the South County Gang Deputy Probation
26 Officer's caseload. Probation supervision will be conducted in the manner as
27 prescribed by the policy and procedure of the Orange County Probation Department. When
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appropriate, referrals will be made for the PROBATIONER and the PROBATIONER'S family
to counseling agencies in the community to address specific needs which may be
contributing to the gang lifestyle or other related problems. Regular contacts with
the schools will be conducted and documented. The PROBATIONER will remain in the Gang
Probation Officer's caseload during the entire period of probation. This special
supervision will be aimed at maintaining continuity of care for the probationer and
family.
Regular patrol operations of known gang hangouts will be conducted by the Deputy
Probation Officer and Deputy Sheriff Team. When PROBATIONERS who are under search and
seizure by the Court are identified in known gang areas, they will be approached and
searched when appropriate. Gang associates will be identified and documented.
Information gathered from these patrol operations will be utilized in the community
education programs.
Case files and all documents pertaining to the program will be maintained in the office
of the Deputy Probation Officer and administrative documents regarding the performance
of the program will be maintained in the office of the Supervisor of the Gang Violence
Suppression Unit. Intelligence gathering and investigation of new crimes will be the
responsibility of the Orange County Sheriff'S Department. The Deputy Probation
Officer's main responsibility will be TO SUPERVISE AND ENFORCE PROBATIONER'S COURT
ORDERS.
PROGRAM OBJECTIVES
A. To provide intensive supervision of probationers who are involved with or
suspected of gang -related activity.
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B. To provide increased level of probation supervision to a caseload which shall be
no greater than 35 active cases.
C. To mobilize community resources which will assist in reducing gang activity.
D. To combine the resources of the Probation Department, Sheriff's Department and
Schools to assist in educating the community about gangs and preventing at -risk
youth from becoming gang members.
E. To participate in the South County Gang Awareness and Prevention Task Force
initiated by The Honorable Thomas F. Riley by convening representatives from law
enforcement, elected officials, schools, probation and community leaders for
regularly scheduled meetings.
F. To collect restitution and make job referrals when appropriate.
HOURS OF OPERATION
The Orange County Probation Department will work a minimum of 40 hours per week within
a flexible schedule to appropriately accommodate program purposes and objectives.
STAFF
The Orange County Probation Department will provide one full-time Deputy Probation
Officer II to perform probation officer tasks and team with a Deputy Sheriff. The
Deputy Probation Officer will have a minimum of three years experience in working with
gang members. The Deputy Probation Officer will be a journeyman officer familiar with
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the role
of Probation, law enforcement, schools, and communities in the delivery of the
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gang prevention and suppression program.
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SCOPE OF
DUTIES - DEPUTY PROBATION OFFICER
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1.
The Deputy Probation Officer will be assigned probationers for supervision
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who have been GRANTED FORMAL PROBATION and have strong indications of gang
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association or gang membership.
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2.
In coordination with a Deputy Sheriff, will maintain frequent contacts
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with probationers, will make contact with associate probationers, will
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make arrests for probation violations, will conduct search and seizures
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and will gather information on gang activity to be shared for suppression
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and prevention with other probation officers, law enforcement officers and
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school resources.
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3.
Conduct community education seminars and workshops for school staff,
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PTA's, neighborhood and parent groups on early gang identifiers and
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methods of prevention, suppression and security.
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4.
In an effort towards gang prevention, siblings and associates of gang
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members contacted during suppression activities will be evaluated as to
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any needed gang prevention information and counseling referrals. Regular
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contacts with school officials will be made to exchange information about
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gang incidents in and around the schools affecting the planning and
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delivery of preventive strategies.
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5.
Will participate on all task forces associated with the objectives of the
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program.
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Will perform other duties as required by the assignment.
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SCOPE OF DUTIES - DEPUTY SHERIFF
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1.
A Deputy Sheriff from the Career Criminal Apprehension Team (C -CAT) will
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be assigned to investigate and suppression street gang activity. A deputy
probation officer from Probation's Gang Unit will be teamed with the
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Deputy Sheriff to assist and enhance overall gang suppression.
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2.
In coordination with the Probation partner, the Deputy Sheriff will
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regularly patrol known gang congregating areas, respond to and investigate
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gang -related incidents, maintain frequent contacts with probationers,
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conduct probation search and seizures, make arrests, and gather
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information relevant to the suppression of gang activity.
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The Deputy Sheriff will facilitate the dissemination of gang awareness
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information to the community as required.
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4.
The Deputy Sheriff will maintain accurate records of gang suppression
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activity relative to the program and submit timely reports as required.
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SUPERVISION
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Supervision
of the Deputy Probation Officer will be the responsibility of the
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1 Supervising Probation Officer within the Juvenile Field Services Division, managed by
2 a Probation Division Director.
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4 Supervision of the Deputy Sheriff will be the responsibility of the Sergeant of the
5 Sheriff's Career Criminal Apprehension Team within the Special Investigations Division
6 directed by Captain Tim Simon.
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8 PROGRAM EVALUATION AND MONITORING
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10 A. The Probation Division Director managing Juvenile Field Services shall perform
11 site visits on a regular basis to monitor overall activities of the program.
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13 B. The Gang Unit Sheriff and Probation team shall provide a weekly update of gang
14 incidents to the Sergeant of the C -CAT Unit for inclusion to the Sheriff's
15 Department existing weekly reports to the cities.
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17 C. The Sergeant of the C -CAT team and the Supervising Probation Officer of the Gang
18 Violence Suppression Unit will jointly prepare a monthly report of the teams'
19 activities for the cities.
20
21 D. The County shall provide quarterly statistical and progress reports of gang
22 prevention and suppression activities to the cities of Dana Point, San Juan
23 Capistrano and Laguna Niguel. Each quarterly report shall include an evaluation
24 of the program's operations and performance. The method of evaluation shall be
25 in accordance with current Probation Department's evaluation procedures modeled
26 after the Office of Criminal Justice Planning, Gang Violence Suppression Program.
27 The office of Criminal Justice Planning has funded numerous gang suppression and
28
7 -
1 prevention programs and has established guidelines for program data collection
2 and evaluation.
3
4 XGSP
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
8 -
II. SERVICES AND SUPPLIES
A.
COMMUNICATIONS
EXHIBIT B
TO
OFFICE EXPENSE
AGREEMENT BETWEEN THE
COUNTY AND THE CITIES OF DANA
POINT,
LAGUNA NIGUEL AND SAN JUAN CAPISTRANO
FOR THE PROVISION OF GANG PREVENTION AND
SUPPRESSION BUDGET
TWELVE MONTHS
79
SO. COUNTIES - GANG VIOLENCE SUPPRESSION
D.
FOR THE PERIOD 2/28/92 TO 2/27/93
BUDGET CATEGORY AND LINE -ITEM DETAIL
AMOUNT
--'----------------------------------
I. SALARIES AND EMPLOYEE_:BENEFITS
----------
A. PERSONNEL SERVICES - SALARIES
E.
1 DEPUTY PROBATION OFFICER II
$45,031
SUB -TOTAL SALARIES
$45,031
B. PERSONNEL SERVICES - BENEFITS
----------
1. RETIREMENT
10.81% OF SALARIES
$4,868
2. EMPLOYEE GROUP INSURANCE
III.
@ $262/MAN-MO. X 12 MAN -MO.
3,144
3. OCEA HEALTH BENEFITS
A.
@ $23/MAN-M0. X 12 MAN -MO.
276
4. UNEMPLOYMENT INSURANCE
@ 0.08% OF SALARIES
36
5. WORKER'S COMPENSATION
@ 4.30% OF SALARIES
1.936
TOTAL BENEFITS
$10,260
TOTAL SALARIES & BENEFITS
$55,291
II. SERVICES AND SUPPLIES
A.
COMMUNICATIONS
$768
B.
OFFICE EXPENSE
642
C.
PROFESSIONAL/SPECIALIZED SERVICES:
1. ADMIN OF GRP MEDICAL
79
D.
TRANSPORTATION/TRAVEL-GENERAL
700 MI/M0. X 12 MOS. X $0.38/MI.
31.192
E.
RENTAL FOR CELLULAR PHONE
$9/M0. X 12 MOS.
108
TOTAL SERVICES AND SUPPLIES
$4,789
III.
INDIRECT COST
A.
DEPARTMENT OVERHEAD
@ 16.82 % OF SALARIES & BENEFITS
$9.300
TOTAL INDIRECT COST
$9,300
TOTAL OPERATING BUDGET 2/28/92
TO 2/27/93 . . .
$69,380
17 -Jan -92 :SOGVS923.WK1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
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17
18
19
20
21
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ID
EXHIBIT C
TO
AGREEMENT BETWEEN THE COUNTY
AND
THE CITIES OF DANA POINT,
LAGUNA NIGUEL AND SAN JUAN CAPISTRANO
FOR THE PROVISION OF GANG PREVENTION AND SUPPRESSION
FOR THE PERIOD 2/28/92 TO 2/27/93
The County contribution to the program will be the services equivalent to one
Deputy Sheriff II position, to serve on the South County Gang Prevention and
Suppression Program. The cost of the County for this service will be as follows:
1. Deputy Sheriff II, 2080 hours at $81,676 yearly (salary
& benefits).
0 9
RE= A RECONVENE
Council recessed at 7: m. to convene the San Juan Capistrano Community Redevelopment Agency, and
reconvened at 7:1 .m.
1. AMENDMENT TO THE AGREEMENT FOR THE PROVISION OF GANG PREVENTION
2.
Written Communication: '
Report dated November 3, 1992, from the City Manager, recommending that an amendment be
approved to the agreement for Gang Prevention and Suppression Services between the County and the
Cities of Dana Point, Laguna Niguel, San Juan Capistrano, and Laguna Hills. The proposed amendment
includes provisions for the newly admitted C;ty of Laguna Hills and divides the total cost of the program
four ways instead of three.
Mr. Scarborough explained that the addition of Laguna Hills to the program would not dilute the service
received by the City.
Aporoval of Amendment to Agreement:
It was moved by Councilman Hausdorfer, seconded by Councilman Friess, and unanimously carried that
the First Amendment to the Agreement for the provision of Gang Prevention and Suppression Services
between the County of Orange and the Cities of Dana Point, Laguna Niguel, San Juan Capistrano, and
Laguna Hills be approved.
Report d November 3, 1992, from the Senior Management Assistant, requesting that the City
appoint a su ttee consisting of two Council members to work with the City Manager on reviewing
and prioritizing ding requests from community organizations, which was postponed until the State
adopted its budget. a report provided the amount of funding requested from each community
organization, the total o hick was $70,940.
Continuation of Item:
It was moved by Councilman Harfer, seconded by Councilman Harris, and unanimously carried that
the item be continued until the new Council is seated
MEy14 M • : J• l9. •.1. : • • • t. a til : 1•
ANO; • ul �fn • y, • 1 _ • ; • :. 1R `•_ .,1.1_..1_
Written Gomm Wcation•
Report dated November 3, 1992, from the Director of Engineering and Building, noting that the design
plans were finalized for the construction of the traffic signal and bus turnouts at Rancho Viejo
-4-
11/3/92
AGENDA ITEM November 3, 1992
TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: GEORGE SCARBOROUGH, CITY MANAGER
SUBJECT: AGREEMENT FOR THE PROVISION OF GANG PREVENTION AND
SUPPRESSION SERVICES BETWEEN THE COUNTY OF
ORANGE AND THE CITY OF SAN JUAN CAPISTRANO
--------------------------------------------------------------
--------------------------------------------------------------
Approve the First Amendment to the Agreement for the provision of
Gang Prevention and Suppression Services Between the County of
Orange and the Cities of Dana Point, Laguna Niguel, San Juan
Capistrano, and Laguna Hills
SITUATION•
Attached is a copy of the First Amendment to the Agreement for the
provision of Gang Prevention and Suppression Services Between the
County of Orange and the Cities of Dana Point, Laguna Niguel, San
Juan Capistrano, and Laguna Hills. Since the onset of the program
in 1991, the unincorporated area of the Fifth Supervisorial
District has been receiving specialized gang suppression services.
With the incorporation of the City of Laguna Hills, the matter was
brought before the Laguna Hills City Council and on February 11,
1992, the Laguna Hills City Council voted to participate as a
fourth member city for the Agreement for the Provision of Gang
Prevention and Suppression Services.
Page three of the Agreement, Section IV, B., identifies the total
actual costs which will be billed by the County and borne equally
by the three cities which is now amended to four cities with the
inclusion of Laguna Hills. The total cost has not changed, however
each city now pays one quarter of the total rather than one third.
The billing based on four cities rather than three has been ongoing
since July 1st.
No other changes occur to the original agreement entered into by
the City in February of 1992.
COMMISSION/BOARD REVIEW 6 RECOMMENDATIONS:
Not applicable.
FOR CITY COUNCIL AGEN
FINANCIAL CONSIDERATIONS:
The Amended Agreement provides for monthly cost $482 less than the
budgeted level.
Not applicable.
ALTERNATE ACTIONS:
1. Approve the First Amendment to the Agreement for the provision
of Gang Prevention and Suppression Services Between the County
of Orange and the Cities of Dana Point, Laguna Niguel, San
Juan Capistrano, and Laguna Hills
2. Request additional information.
Approve the First Amendment to the Agreement for the provision of
Gang Prevention and Suppression Services Between the County of
Orange and the Cities of Dana Point, Laguna Niguel, San Juan
Capistrano, and Laguna Hills
submitted,
N
0 0
AGENDA ITEM February 4, 1992
TO: STEPHEN B. JULIAN, CITY MANAGER
FROM: GEORGE SCARBOROUGH, ASSISTANT CITY MANAGER
SUBJECT: AGREEMENT FOR PROVISION OF GANG PREVENTION AND
SUPPRESSION SERVICES BETWEEN THE COUNTY OF ORANGE
AND THE CITIES OF DANA POINT, LAGUNA NIGUEL, AND
SAN JUAN CAPISTRANO
Approve the Agreement for Provision of Gang Prevention and
Suppression Services between the County of Orange and the Cities
of Dana Point, Laguna Niguel, and San Juan Capistrano.
In February of 1991 the City of San Juan Capistrano entered into
an agreement with the County of Orange and the Cities of Dana Point
and Laguna Niguel creating the South Orange County Gang Prevention
and Suppression Program. The program initiated the Gang Awareness
and Suppression Team consisting of a Sheriff Deputy and a Probation
Officer. The team is responsible for dealing with all existing
gang and gang activity in the cities of Dana Point, Laguna Niguel,
and San Juan Capistrano and in the surrounding unincorporated area.
Critical to the operation of the suppression team is the
partnership between the Sheriff and Probation.
The team supervises all gang probationers currently living in the
participating cities and surrounding unincorporated areas. These
individuals are supervised utilizing special gang terms and
conditions of probation. These terms and conditions of probation
are targeted at restricting the criminal and assaultive behavior
of the gang member. Examples of these terms and conditions are an
8 p.m. to 5 a.m. curfew, search and seizure, prohibition of
association with other gang members and restriction from specific
areas where gangs might congregate. The search and seizures
authorized by the terms and conditions allow search and seizures
on a routine and regular basis without waiting for the process to
obtain a warrant. This close supervision of the gang probationer
also lends itself to contacting and suppressing other gang members
and potential gang members.
In working the active gang members, the team is also developing
intelligence information of the gang's activities. This
information is used by the Sheriff's Department to assist in
resolving gang assaults or other criminal activity and is used by
the schools to assist them in confronting and preventing gang
FOR CITY CCZ::�C€L AG=e'II 41a,
• 0
activity at the schools.
The suppression team has also emerged as a specific resource
utilized by the community and school districts.
Combining the Deputy Probation Officer and Deputy Sheriff has, as
expected, created a team with almost unlimited access to the gang
members in any situation or setting. The technique of suppression
also has a deterrent effect on potential future gang members. It
interrupts the active recruitment process and demonstrate that the
community does not condone nor will allow gang activity.
The program has proven to be extremely valuable in our community's
gang prevention and suppression efforts.
The City's share of the cost of the program for the next year is
$23,127, representing a reduction in cost of $2,653 from last year.
Last years costs were higher because they included certain one time
start up costs.
COMMISSION/BOARD REVIEW A RECOMMENDATIONS:
Not applicable.
FINANCIAL CONSIDERATIONS:
The City's share of the cost of the program is $23,127. These
funds have been included in the adopted budget.
PUBLIC NOTIFICATION:
Not applicable.
ALTERNATE ACTIONS:
1. Approve the Agreement for Provision of Gang Prevention and
Suppression Services between the County of Orange and the
Cities of Dana Point, Laguna Niguel, and San Juan Capistrano.
2. Request additional information.
Approve the Agreement for Provision of Gang Prevention and
Suppression Services between the County of Orange and the Cities
of Dana Point, Laguna Niguel, and San Juan Capistrano.
submitted,
Ci
• MICHAEL SCHUMACHER, Ph.D.
CHIEF PROBATION OFFICER
Y O F TELEPHONE: (714) 569-2000
909 N. MAIN STREET. SUITE 1
SANTA ANA, CA 92701-3511
N G E
Mr. Steve Julian, City Manager
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Dear Mr. Julian:
PROBATION DEPARTMENT
December 19, 1991
RE: Contract Renewal/Provision of
Gang Prevention and Suppression
Services
The Agreement for Gang Prevention and Suppression Services is due to expire on
February 27, 1992. Therefore, the Probation Department is seeking action from your
City on or before January 31, 1992, to renew this Agreement for continuing services
as specified in the attached new Agreement and Exhibits A, B, and C. Should you
have any questions or wish to discuss any matter regarding the Gang Prevention and
Suppression Services, please feel free to contact me (on programmatic issues) at
569-2208 and/or Walt Krause (on financial issues) at 569-2131.
The Third Quarterly Report will be prepared and forwarded to your attention on or
before December 30, 1991. You will find there has been a significant amount of
activity this past quarter with school officials in developing policies for safety
on school campuses and educating parents about gang activity. Also, it has come to
my attention that recently, Community Services Program, Inc. has expanded Gang
Prevention and Intervention counseling services in the South County area which
contributes significantly to the overall efforts of the South County Gang
Suppression Program.
I would like to take this opportunity to relate how pleased I am with the overall
development of the South County Gang Prevention and Suppression Program. I believe
the combined efforts of the Sheriff's Department, Probation, Schools and community-
based programs have significantly enhanced our ability to respond to gang -related
incidents.
1 a�39 /
X 1-07-
0. , /? , ✓
,q. <�?. ten. -
CH: st
soco.1
Very truly yours
s41deene odge�
Supervising Probation Officer
Gang Violence Suppression Unit
(714) 569-2208
cc: Mayor Gil Jones, City of San Juan Capistrano
Marilyn Brewer, Supervisor Riley's Office
D E C 3 11991
as
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