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22-0607_ORANGE, COUNTY OF_Agenda Report_F1aCity of San Juan Capistrano Agenda Report TO: Honorable Mayor and Members of the City Council FROM: Benjamin Siegel, City Manager SUBMITTED BY: Ken Al-Imam, Chief Financial Officer PREPARED BY: Michelle Short, Finance Manager DATE: June 7, 2022 SUBJECT: Operating and Capital Budget for Fiscal Year 2022-23, including: Seven-Year Capital Improvement Program for Fiscal Years 2022-23 through 2028-29; Measure M2 Seven-Year Capital Improvement Program for Fiscal Years 2022-23 through 2028-29; Fiscal Year 2022-23 Appropriations Limitation; Property Tax Rate for 2017 Taxable General Obligation Refunding Bonds (Measure Y) for Fiscal Year 2022-23; Second Amendment to Five-Year Agreement with County of Orange for Law Enforcement Services; Amendment to Resolution 21-11-02-04, the City’s Personnel Classification and Compensation Plans; and, Professional Services Agreement with Flock Safety for Implementation of an Automated License Plate Reader Program Operated Pursuant to Orange County Sheriff’s Department Policy No. 463 RECOMMENDATIONS: 1. Adopt the Resolution that approves the Operating and Capital Budget for Fiscal Year 2022-23; 2. Adopt the Resolution that approves the Seven-Year Capital Improvement Program for Fiscal Years 2022-23 through 2028-29; 3.Approve the Measure M2 Seven-Year Capital Improvement Program for Fiscal Years 2022-23 through 2028-29; 4.Establish a General Fund reserve in the amount of $6,514,000 to hold funds designated by City Council for the Street Rehabilitation Program; 6/7/2022 F1a City Council Agenda Report June 7, 2022 Page 2 of 8 5. Adopt the Resolution establishing the Fiscal Year 2022-23 Appropriations Limitation; 6. Adopt the Resolution establishing the property tax rate for the 2017 Taxable General Obligation Refunding Bonds (Open Space Measure Y) for Fiscal Year 2022-23; 7. Approve the Second Amendment to the Five-Year Agreement with the County of Orange for the provision of law enforcement services; 8. Adopt a Resolution amending Resolution No. 21-11-02-04, the City’s Personnel Classification and Compensation Plans; and, 9. Authorize the City Manager to enter into a Professional Services Agreement with Flock Safety for implementation of an Automated License Plate Reader program operated pursuant to Orange County Sheriff’s Department Policy No. 463. EXECUTIVE SUMMARY: The appropriations set forth in the accompanying resolutions reflect the proposed Operating and Capital Budget for Fiscal Year 2022-23 and the proposed Seven-Year Capital Improvement Program for Fiscal Years 2022-23 through 2028-29. These budget resolutions provide total operating appropriations of $46.6 million and total capital appropriations of $8.2 million. DISCUSSION/ANALYSIS: Operating and Capital Budget On May 3, 2022, the City held a workshop to review with the City Council the proposed budget for Fiscal Year 2022-23. At the workshop, the City Council received a detailed staff presentation and directed staff to make minor adjustments to the Fiscal Year 2022- 23 proposed budget, such as adding $45,000 for mounted patrol services in the Downtown and Los Rios Park areas, and adding $10,000 for inspections of rental units mandated by Assembly Bill 838, which become effective July 1, 2022. The proposed budget resolution also reflects the effects of the staffing changes presented at the budget workshop, as directed by City Council. A summary of the Budget Resolution (Attachment 1) for the Fiscal Year 2022-23 Operating and Capital Improvement Budget is set forth below: City Council Agenda Report June 7, 2022 Page 3 of 8 Seven-Year Capital Improvement Program The Seven-Year Capital Improvement Program presented to the City Council at the Fiscal Year 2022-23 budget workshop provided an update of the program to reflect revised revenue projections and an advancement of highest priority projects to the extent permitted by available funding. Attachment 2 presents the Resolution regarding the Seven-Year Capital Improvement Program for Fiscal Years 2022-23 through 2028-29, summarized as follows: The Seven-Year Capital Improvement Program includes funding approved by City Council on October 5, 2021, to initiate a major investment in the City’s roadway network, anticipated to bring the citywide Pavement Condition Index (PCI) from a rating of “fair” (66.7) to “good” (75.0) over the next few years. Accordingly, the Seven-Year Capital Improvement Program as well as accumulated unexpended funding carried over from prior fiscal years is expected to result in a roughly $40 million investment in the City’s streets over the next seven years. The breakdown of this funding is as follows: $7 million Operating Expenditures Capital Expenditures Transfers Between Funds Total General Fund 33,429,189$ 1,500,000$ -$ 34,929,189$ Other Governmental Funds 5,378,485 6,019,000 738,000 12,135,485 Enterprise Funds - - - - Internal Service Funds 7,747,645 652,000 - 8,399,645 Total All City Funds (1)46,555,319$ 8,171,000$ 738,000$ 55,464,319$ Fiscal Year 2022-23 (1) Totals do not include the San Juan Public Financing Authority and San Juan Capistrano Housing Authority (See Exhibit A to the Resolution). Project Fiscal Year (1)Expenditures 2022-23 8,171,000$ 2023-24 22,915,739 2024-25 4,892,140 2025-26 4,941,882 2026-27 3,056,440 2027-28 4,641,000 2028-29 3,402,000 TOTAL 52,020,201$ (1) The Fiscal Year 2022-23 project expenditures have been appropriated as part of the 2022-23 Operating and Capital Budgets. City Council Agenda Report June 7, 2022 Page 4 of 8 of ARPA funding, $10 million of anticipated General Fund budget surpluses generated from Fiscal Year 2020-21 through Fiscal Year 2028-29, and over $20 million of funding provided by the City’s dedicated street funding sources (Gas Tax Fund revenues, Measure M Fund revenues and Road, Rehabilitation Maintenance Account Fund revenues and System Development Tax revenues). The actions recommended for June 7 include the establishment of a reserve in the General Fund in the amount of $6.5 million to memorialize the City Council’s commitment of funding on hand for the City’s street rehabilitation program. An additional $3.5 million in projected future General Fund budget surpluses are anticipated to be added to these funds when the projected future budget surpluses are realized. The Capital Budget proposed for Fiscal Year 2022-23 focused its street funding on the City’s highest priority street rehabilitation project, the Camino Capistrano Pavement Rehabilitation Project. This major capital project would resurface and reconstruct Camino Capistrano from the Dana Point city limit to the Laguna Niguel city limit. The total estimated cost for the Camino Capistrano Pavement Rehabilitation Project is $10.8 million, of which $2.5 million will be funded in Fiscal Year 2022-23. The balance of the funding is available from prior year appropriations. The proposed Seven Year Capital Improvement Program also provides $1.5 million of ARPA funding, $1.5 million of General Fund funding and $500,000 of funding from the City’s Facilities Operations Fund to cover expected costs related to the permanent supportive housing and new City Hall projects. These costs include relocation of the City Council Chambers to the Community Center, temporary staff offices, relocation costs, program and construction management, security, information technology infrastructure and certain internal furnishings to support Jamboree Housing Corporation’s proposed construction of 50 units of permanent supportive housing and a two-story, 16,338 square foot City Hall on the current City Hall site. For Fiscal Year 2022-23, the proposed CIP budget allocates $760,000 of additional funding for the Skateboard Park Project (CIP 21201), bringing the total funding for this project to $4.2 million. In the Buildings and Facilities category, the proposed CIP allocates $54,000 for the Montanez Adobe and $152,000 for projects associated with the Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan (CIP 15306). A modified version of the Seven-Year Capital Improvement Program for Fiscal Years 2022-23 through 2028-29 has been included at Attachment 3 to meet the requirements of the Measure M2 program of the Orange County Transportation Authority. This version of the Seven-Year Capital Improvement Program includes costs associated with the City’s senior mobility program and summer trolley program that are not capital expenditures for budgetary purposes. Approval of this document is required to continue to receive Measure M2 transportation funds. Establishment of the Appropriations Limitation for Fiscal Year 2022-23 Article XIII of the California State Constitution requires that local governments establish a limitation on the amount of proceeds of taxes that may be appropriated for spending. It is the City’s responsibility to calculate the annual appropriations limit using a methodology City Council Agenda Report June 7, 2022 Page 5 of 8 established by state statute. The previous fiscal year’s limit is increased by a unifying factor that takes into account changes in population as well as inflation. For the inflation factor, cities may choose either the change in the measurement of California Per Capita Personal Income (CCPI) or the change in the amount of the City’s assessed valuation that is due to non-residential construction. For the population factor, cities can select either the change in population for the city or that of the county. The choice of each of these factors is made by an annual election of Council by means of a resolution. Based on the foregoing methodology set forth in state law, the appropriations limitation for Fiscal Year 2022-23 has been determined to be $94,825,002 (Exhibit A of Attachment 4). The City's budgeted expenditures for Fiscal Year 2022-23 that are funded by proceeds of taxes as defined by state law are significantly below the limit and, therefore, the City’s Fiscal Year 2022-23 Budget is in compliance with the State Constitution with respect to this matter. Approval of Property Tax Rates for Voter-Approved Bonded Indebtedness On November 4, 2008, voters approved Measure Y, which provided $30 million in bond funding for the acquisition, preservation, enhancement and improvement of land to protect and preserve open space, natural areas, creeks and streams, historic areas, undeveloped hillsides, natural ridges and to provide additional recreational amenities, such as bike and walking trails, equestrian facilities, parks and sports fields. Pursuant to Measure Y, $30 million in bonds were issued under this measure in January 2010. In February 2017, the City issued taxable refunding bonds to refinance the original bonds. The City must annually establish the ad valorem tax rate that is necessary to fund the annual installments of principal and interest that are associated with voter-approved bonded indebtedness (general obligation bonds). The calculation for this tax rate takes into account the debt service requirements for the year in question in order to determine the amount that needs to be collected from the ad valorem tax levy to fully fund debt service on the general obligation bonds of the City. Once that amount is determined, it is then divided by the estimated amount of secured assessed valuation applicable to the fiscal year in question to arrive at the tax rate for the levy. Upon approval by the City Council, the County of Orange is notified of the approved rate for placement on the property tax roll. The ad valorem tax rate for the City’s voter-approved debt for Fiscal Year 2022-23 is $0.01916 per $100 of assessed valuation (Attachment 5), a rate comparable to that of the prior year. Investment Policy As a part of the financial review associated with the budget process, the Chief Financial Officer and the City’s investment advisor (Chandler Asset Management) evaluated the City’s investment policy. It was determined that the changes in the California Government Code did not necessitate any changes to the City’s current investment policy. City Council Agenda Report June 7, 2022 Page 6 of 8 Second Amendment to Law Enforcement Services Agreement with County of Orange The Five-Year Law Enforcement Services Agreement (Agreement) with the Orange County Sheriff’s Department (OCSD) was initiated on July 1, 2020, and will terminate on June 30, 2025 (Attachment 6). This Agreement requires that the County submit a proposed staffing level and financial obligation update each year to the City for approval. OCSD has submitted the Second Amendment to the Agreement for the period from July 1, 2021, to June 30, 2022 (Attachment 7). The cost of law enforcement services for Fiscal Year 2022-23 as estimated in the Amendment is $11,750,062, which is a 4.1% increase compared to the Fiscal Year 2021-22 estimate of $11,292,313. The amount budgeted for contracted law enforcement services as set forth in the Fiscal Year 2022-23 Adopted Budget includes a discount of 0.25%, or $29,000, for timely monthly payment and provides sufficient funding for this amendment. The Fiscal Year 2022-23 direct staffing level of 30 full-time OCSD employees is unchanged from the current fiscal year. The following chart depicts the City’s dedicated law enforcement staffing resources: QUANTITY DEDICATED POSITIONS 1 Captain 5 Sergeant (4 Patrol + 1 Administrative) 2 Investigator 15 DS II Patrol 2 DS II Motorcycle 1 DS II Community Support 1 DS II - DET Cadet - Extra Help 27 Subtotal Safety 2 Community Services Officer 1 Crime Prevention Specialist 3 Subtotal Professional 30 TOTAL The City also shares certain law enforcement resources with other South Orange County cities. In Fiscal Year 2022-23 the City will share resources of 16.90 full-time employees. The following chart depicts the City’s shared law enforcement staffing resources: QUANTITY REGIONAL / SHARED STAFF % ALLOCATION 0.6 Traffic - Sergeant 5.79% 4 Traffic - Deputy Sheriff II 5.79% 2 Traffic - Investigative Assistant 5.79% 1 Traffic - Office Specialist 5.79% 0.3 Auto Theft - Sergeant 4.78% 2 Auto Theft - Investigator 4.78% 1 Auto Theft - Investigative Assistant 4.78% 1 Auto Theft - Office Specialist 4.78% 1 DET - Sergeant 7.39% 1 DET - Investigator 7.39% City Council Agenda Report June 7, 2022 Page 7 of 8 2 Courts - Investigative Assistant 15.74% 1 Motorcycle Sergeant + MDC 8.16% 16.90 TOTAL In addition to these resources, OCSD provides the city with specialized resources that support local deputies and focus on areas such as economic crimes and gang suppression. Staffing The documents accompanying the budget resolution for Fiscal Year 2022-23 include a resolution amending Resolution No. 21-11-02-04, the City’s personnel classification and compensation plans, which are needed to effectuate the personnel classification changes that the City Council on May 3 directed staff to include in the final budget for Fiscal Year 2022-23. Automated License Plate Reader Program The Fiscal Year 2022-23 proposed budget presented at the May 3 workshop included $28,000 of funding to assist Police Services in the conduct of criminal investigations using automatic license plate readers proposed to be installed near three entrances to San Juan Capistrano at the I-5 freeway. To implement this law enforcement tool, the motions recommended for June 7 include authorizing the City Manager to enter into a Professional Services Agreement with Flock Safety for implementation of an Automated License Plate Reader program operated pursuant to Orange County Sheriff’s Department Policy No. 463 (Attachment 9). FISCAL IMPACT: The fiscal impact of the Proposed Operating and Capital Budget for Fiscal Year 2022-23 on each fund of the City is summarized in Exhibit A to Attachment 1. The fiscal impact of the Proposed Seven-Year Capital Improvement Program for Fiscal Years 2022-23 through 2028-29 is summarized in Exhibit A to Attachment 2. ENVIRONMENTAL IMPACT: Not applicable. PRIOR CITY COUNCIL REVIEW: On May 3, 2022, the City Council reviewed the Proposed Operating and Capital Budget for Fiscal Year 2022-23 and the Proposed Seven-Year Capital Improvement Program for Fiscal Years 2022-23 through 2028-29 during a budget workshop and directed staff to prepare the proposed budget for adoption with no changes other than to add $45,000 for mounted patrol services in the Downtown and Los Rios Park areas, $10,000 for Assembly Bill 838 inspections and to include certain personnel classification changes to the proposed budget for Fiscal Year 2022-23. City Council Agenda Report June 7, 2022 Page 8 of 8 COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: On May 25, 2022, the Planning Commission found that the Proposed Seven-Year Capital Improvement Program for Fiscal Years 2022-23 through 2028-29 conform to the City’s General Plan. NOTIFICATIONS: • Classified Employees Association • Management and Professional Employees Association ATTACHMENTS: Attachment 1 Resolution Adopting the Fiscal Year 2022-23 Operating and Capital Budget Attachment 2 Resolution Adopting the Seven-Year Capital Improvement Program for Fiscal Years 2022-23 through 2028-29 Attachment 3 Measure M2 Seven-Year Capital Improvement Program for Fiscal Years 2022-23 through 2028-29 Attachment 4 Resolution Establishing the Fiscal Year 2022-23 Appropriations Limitation Attachment 5 Resolution Establishing the Property Tax Rate for the Open Space (Measure Y) General Obligation Bonds, Series 2017 for Fiscal Year 2022-23 Attachment 6 Five-Year Agreement for Law Enforcement Services Attachment 7 Second Amendment to the Five-Year Agreement for Law Enforcement Services Attachment 8 Resolution Amending Resolution 21-11-02-04, the City’s Personnel Classification and Compensation Plans Attachment 9 Orange County Sheriff’s Department Policy No. 463 1 RESOLUTION NO. 22-06-07-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA ADOPTING THE FISCAL YEAR 2022-23 OPERATING AND CAPITAL IMPROVEMENT BUDGET AND AUTHORIZING EXPENDITURES AND APPROPRIATIONS RELATED THERETO WHEREAS, at its regular meeting on May 3, 2022, the City Council of the City of San Juan Capistrano held a Budget Workshop to review the recommendations for the Proposed Fiscal Year 2022-23 Operating Budget and the Proposed Seven-Year Capital Improvement Program for Fiscal Years 2022-23 through 2028-29; and, WHEREAS, the Proposed Fiscal Year 2022-23 Operating and Capital Budget are the basis for the financial and economic implementation of the City’s General Plan; and, WHEREAS, the Proposed Fiscal Year 2022-23 Operating and Capital Budget provide for service levels necessary to respond to the needs of the community and which are deemed appropriate by the City Council, and concurrently provides a work force to fill these service needs; and, WHEREAS, the City Council recognizes that the Proposed Fiscal Year 2022- 23 Operating and Capital Budget will require adjustments from time to time, and accordingly, the City Manager is authorized to execute necessary transfers to carry out the scope of services as approved. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby determine as follows: 1. That the Proposed Fiscal Year 2022-23 Operating and Capital Budget as shown in Exhibit A attached hereto and incorporated by reference herein and as detailed in the Budget Document on file with the City Clerk’s Office entitled "City of San Juan Capistrano Budget – Fiscal Year 2022-23” after giving effect to any amendments authorized by City Council in the regular City Council meeting held on June 7, 2022, are adopted as follows: ATTACHMENT 1 - Page 1 of 3 2 Operating  Expenditures Capital   Expenditures Transfers  Between  Funds Total General  Fund 33,429,189$    1,500,000$     ‐$                   34,929,189$  Other Governmental  Funds 5,378,485         6,019,000      738,000       12,135,485     Enterprise  Funds ‐               ‐             ‐          ‐                        Internal Service Funds 7,747,645         652,000           ‐              8,399,645       Total  All City Funds (1)46,555,319$    8,171,000$    738,000$     55,464,319$  Fiscal Year 2022‐23 (1) Totals  do not include the  San Juan Public Financing Authority and San Juan  Capistrano  Housing  Authority (See  Exhibit A to  the  Resolution). 2. That total appropriations for each fund may only be increased or decreased by the City Council by amending the budget except as provided herein. 3. That the legal level of budgetary control is at the fund level. Budgets may not legally be exceeded at the fund level without appropriate authorization by the City Council. Budgeted amounts for individual classifications within a fund may be exceeded as long as the total annual budget for that fund is not exceeded. 4. That the following controls are hereby placed on the transfers of budgeted funds: a. The City Manager may authorize transfers of funds from account to account within any operating department. b. The City Manager may authorize transfers of funds from department to department within any fund up to $50,000. c. The City Manager may delegate the authority to make budget transfers and adjustments up to $10,000. d. The City Manager may authorize budget adjustments involving offsetting revenues and expenditures; the City Manager may authorize increases in an appropriation for a specific purpose where the appropriation is offset by unbudgeted revenues, which are designated for said specific purpose; the City Manager may authorize year end budget adjustments as may be needed to reflect final allocations of internal service fund expenditures to the various departments. 5. That all appropriations for outstanding encumbrances and projects currently underway and remaining unexpended at June 30, 2022, as approved by the City Manager or his designee, are hereby appropriated to the Fiscal Year 2022-23 Operating Budget. ATTACHMENT 1 - Page 2 of 3 3 PASSED, APPROVED, AND ADOPTED this 7th day of June 2022. __________________________________ DEREK REEVE, MAYOR ATTEST: ___________________________________ MARIA MORRIS, CITY CLERK ATTACHMENT 1 - Page 3 of 3 Projected Projected Beginning Operating CIP Transfers Transfers Ending Balance Revenues Expenditures Expenditures In Out Balance 7/1/2022 (1)FY 2023 FY 2023 FY 2023 FY 2023 FY 2023 Adjustments 6/30/2023 GENERAL FUNDS General Fund Unassigned 3,445,766$ 36,301,000$ (33,429,189)$ (1,500,000) 738,000$ -$ (4,514,000)$ 1,041,577$ Reserve - Tuition Reimbursement Program 35,000 - - - - - -35,000 Reserve - Cash Flow 5,000,000 - - - - - -5,000,000 Reserve - Economic Uncertainty 10,000,000 - - - - - -10,000,000 Reserve - Contingency 3,500,000 - - - - - -3,500,000 Reserve - Supportive Housing/City Hall Project 2,500,000 - - - - - -2,500,000 Reserve - Eastern Open Space Deficit 2,500,000 - - - - - -2,500,000 Reserve - Street Rehabilitation Program 2,000,000 - - - - - 4,514,000 6,514,000 Total General Fund 28,980,766 36,301,000 (33,429,189) (1,500,000) 738,000 - - 31,090,577 Parking Maintenance Fund Assigned-Parking Maintenance 324,864 1,298,000 (1,209,410) - - - - 413,454 Successor Agency to the CRA/Housing Authority Administration Fund Unassigned 181,750 238,915 (240,980) - - - - 179,685 Farm Operations Fund Assigned-Farm Operations 842,002 136,000 (80,250) - - - - 897,752 Eastern Open Space Fund Assigned-Eastern Open Space Operations (2,595,201) 480,000 (326,900) - - - - (2,442,101) GENERAL FUNDS - TOTAL 27,734,181$ 38,453,915$ (35,286,729)$ (1,500,000)$ 738,000$ -$ -$ 30,139,367$ Special Revenue Funds C&D Forfeited Bonds Fund Restricted-Recycling Programs 1,496,792$ 25,000$ (218,770)$ -$-$ -$ -$ 1,303,022$ Road Maintenance and Rehabilitation Account (RMRA) Restricted-Streets and Roads Capital Projects 147,198 816,000 -(963,198) - - - - Certified Access Specialist Program (C.A.S.P.) Restricted-CASP Program 21,468 1,000 (8,700) - - - - 13,768 Systems Development/Ord. 211 Fund Restricted-Streets and Roads Capital Projects 742,708 662,000 - - - - -1,404,708 Park and Recreation Fund Restricted-Parks and Recreation Capital Projects 35,323 2,378,000 -(864,000) - - - 1,549,323 CITY OF SAN JUAN CAPISTRANO FISCAL YEAR 2022/23 BUDGET SUMMARY EXHIBIT A - Page 1 of 4 Projected Projected Beginning Operating CIP Transfers Transfers Ending Balance Revenues Expenditures Expenditures In Out Balance 7/1/2022 (1)FY 2023 FY 2023 FY 2023 FY 2023 FY 2023 Adjustments 6/30/2023 CITY OF SAN JUAN CAPISTRANO FISCAL YEAR 2022/23 BUDGET SUMMARY Drainage Fund Restricted-Storm Drain Capital Projects (238,065) 49,000 - - - - - (189,065) Agricultural Preservation Fund Restricted-Agricultural Preservation Projects 374,969 133,000 - - - - - 507,969 Landscape Maintenance Fund Restricted-Landscape Maintenance 232,671 140,000 (214,670) - - - - 158,001 CDBG/HOME Fund Restricted-Housing Rehabilitation for Low and 48,819 124,000 (337,970) - - - - (165,151) Moderate Income Housing Persons Gas Tax Fund Restricted-Street Rehabilitation and Maintenance 21,779 1,049,600 - - - (350,000) - 721,379 CCFP Fund Developer Contributions for Specific Projects 449,703 - - - - - - 449,703 Restricted-Streets and Roads Capital Projects 7,698,463 2,658,000 - (500,000) - - - 9,856,463 Total CCFP Fund 8,148,166 2,658,000 - (500,000) - - - 10,306,166 S.O.N.G.S. Fund Restricted-Emergency Preparedness (340) 143,830 (143,830) - - - - (340) AQMD Fund Restricted-Mobile Source Emissions Reduction Programs 256,154 46,000 (5,000) - - (31,000) - 266,154 Measure M Fund Restricted-Streets and Roads Capital Projects 223,528 803,000 - (196,128) - - - 830,400 Housing In-Lieu Fee Fund Restricted-Affordable Housing 5,609,677 23,000 - - - - - 5,632,677 Local Law Enforcement Grants Fund Restricted-Law Enforcement - 157,000 - - - (157,000) - - Park and Open Space Grant Fund Restricted-Capital Projects - - - - - - - - Street and Highways Grant Fund Restricted-Capital Projects (314,029) 200,000 - - - (200,000) - (314,029) Other Grants Fund Restricted-ARPA (1,754,663) 4,295,337 - (2,540,674) - - - - Developer Deposits Fund Developer Contributions for Specific Projects - 407,350 (407,350) - - - - - SPECIAL REVENUE FUNDS - TOTAL 15,052,155$ 14,111,117$ (1,336,290)$ (5,064,000)$ -$ (738,000)$ -$ 22,024,982$ EXHIBIT A - Page 2 of 4 Projected Projected Beginning Operating CIP Transfers Transfers Ending Balance Revenues Expenditures Expenditures In Out Balance 7/1/2022 (1)FY 2023 FY 2023 FY 2023 FY 2023 FY 2023 Adjustments 6/30/2023 CITY OF SAN JUAN CAPISTRANO FISCAL YEAR 2022/23 BUDGET SUMMARY Debt Service Fund Debt Service Fund Restricted-Debt Service 3,872,856$ 2,184,655$ (2,184,655)$ -$ -$ -$ -$ 3,872,856$ Capital Improvement Funds Open Space Bond Projects Fund Restricted - Open Space Capital Projects -$ -$ -$ -$ -$ -$ -$ -$ Community Facilities District Bonds Fund Restricted - Community Facilities Projects - - - - - - - - Successor Agency Non-Housing Bonds Fund Restricted - Downtown Projects - - - - - - - - Public Benefit Contributions Fund Assigned - Capital Projects 298,209 555,000 - (555,000) - - - 298,209 Reserve - Stonehill Widening Project 400,000 - - (400,000) - - - - Total Public Benefit Contributions Fund 698,209 555,000 - (955,000) - - - 298,209 CAPITAL PROJECTS FUNDS - TOTAL 698,209$ 555,000$ -$ (955,000)$ -$ -$ -$ 298,209$ GENERAL GOVERNMENTAL FUNDS - TOTAL 47,357,400$ 55,304,687$ (38,807,674)$ (7,519,000)$ 738,000$ (738,000)$ -$ 56,335,413$ ENTERPRISE FUNDS SJC HOUSING AUTHORITY Housing Authority Administration Fund Unrestricted Net Position-Available 1,431,487$ 174,100$ (40,675)$ -$ -$ -$ -$ 1,564,912 Non-Spendable - Noncurrent Receivables & Prepaids 5,146,099 - - - - - - 5,146,099 Investment in Capital Assets 4,311,626 - - - - - - 4,311,626 Total Housing Authority Administration Fund 10,889,212 174,100 (40,675) - - - - 11,022,637 Little Hollywood Rental Housing Fund Unrestricted Net Position-Available 588,672 280,000 (240,415) - - - - 628,257 Successor Agency Housing Bonds Fund Restricted Net Assets-Affordable Housing Projects 6,168,353 - - - - - 6,168,353 Non-Spendable - Noncurrent Receivables 1,051,945 30,000 - - - - - 1,081,945 7,220,298 30,000 - - - - - 7,250,298 SJC HOUSING AUTHORITY - TOTAL 18,698,182$ 484,100$ (281,090)$ -$ -$ -$ -$ 18,901,192$ ENTERPRISE FUNDS - TOTAL 18,698,182$ 484,100$ (281,090)$ -$ -$ -$ -$ 18,901,192$ EXHIBIT A - Page 3 of 4 Projected Projected Beginning Operating CIP Transfers Transfers Ending Balance Revenues Expenditures Expenditures In Out Balance 7/1/2022 (1)FY 2023 FY 2023 FY 2023 FY 2023 FY 2023 Adjustments 6/30/2023 CITY OF SAN JUAN CAPISTRANO FISCAL YEAR 2022/23 BUDGET SUMMARY INTERNAL SERVICE FUNDS Insurance and Benefits Fund Unrestricted Net Assets-Available 3,086,604$ 4,870,000$ (4,870,000)$ -$ -$ -$ -$ 3,086,604$ Noncurrent Assets-Prepaids & Deferred Outflows - - - - - - - - Total Insurance and Benefits Fund 3,086,604 4,870,000 (4,870,000) - - - - 3,086,604 Facilities Operations Fund Unrestricted Net Position-Available (3)1,555,857 2,656,420 (2,877,645) (652,000) - - - 682,632 Unrestricted Net Position - Pension & OPEB Liabilities (2)(437,298) - - - - - - (437,298) Investment in Capital Assets 1,715,050 - - - - - - 1,715,050 Total Facilities Operations Fund 2,833,609 2,656,420 (2,877,645) (652,000) - - - 1,960,384 INTERNAL SERVICE FUNDS - TOTAL 5,920,213$ 7,526,420$ (7,747,645)$ (652,000)$ -$ -$ -$ 5,046,988$ ALL FUNDS - TOTAL 71,975,795$ 63,315,207$ (46,836,409)$ (8,171,000)$ 738,000$ (738,000)$ -$ 80,283,593$ Less: San Juan Capistrano Housing Authority 281,090 Total Appropriations Approved by City Council (46,555,319)$ (8,171,000)$ (738,000)$ Notes: (2)The City is required by the Governmental Accounting Standards Board (GASB)to report the unfunded actuarial liability (UAAL)for its pension plans (GASB Statement No.68)and other-post employment benefits (GASB Statement No.75).The City's General Fund (and other governmental funds) do not reflect such an amount in this schedule because this accounting and reporting standard is only applicable to the City's Enterprise and Internal Service Funds.The City's governmental funds' (i.e. General Fund,Capital Projects Funds,and Special Revenue Funds)portion of the City's total UAAL as of December 31, 2020, was approximately $14.1 million for the City's pension plans and was approximately $3.0 million for the other post employment benefit plan as of June 30, 2021. (3) Available reserves for capital replacement. (1) Beginning fund balance is based on projected balances as of June 30, 2022. EXHIBIT A - Page 4 of 4 RESOLUTION NO. 22-06-07-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA ADOPTING THE SEVEN-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2022-23 THROUGH 2028-29 WHEREAS, the City Council of the City of San Juan Capistrano at its regular public meeting on May 3, 2022, was presented with changes in the timing and funding of projects in the Proposed Seven-Year Capital Improvement Program for Fiscal Years 2022-23 through 2028-29; and, WHEREAS, the proposed Seven-Year Capital Improvement Program (CIP) is considered a planning document for the projects that are necessary to meet the needs of the community; and, WHEREAS, the City Council intends to use the Seven-Year CIP as a guide for the allocation of resources to meet the needs of the community and achieve the City Council’s established goals and priorities. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby adopt the Seven-Year Capital Improvement Program for Fiscal Years 2022-23 through 2028-29 as shown in Exhibit A attached hereto and incorporated by reference and as follows: (1)The Fiscal Year 2022-23 project expenditures have been adopted as part of the Fiscal Year 2022-23 Operating and Capital Budget of the City of San Juan Capistrano. Project Fiscal Year (1)Expenditures 2022-23 8,171,000$ 2023-24 22,915,739 2024-25 4,892,140 2025-26 4,941,882 2026-27 3,056,440 2027-28 4,641,000 2028-29 3,402,000 TOTAL 52,020,201$ ATTACHMENT 2 - Page 1 of 2 PASSED, APPROVED, AND ADOPTED this 7th day of June 2022. _____________________________ DEREK REEVE, MAYOR ATTEST: ___________________________________ MARIA MORRIS, CITY CLERK ATTACHMENT 2 - Page 2 of 2 CITY OF SAN JUAN CAPISTRANO 2022-2029 CIP PROJECT SUMMARY BY TYPE PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROJECT 2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 TOTAL TRANSPORTATION 07117-I-5/San Juan Creek Road Underpass Improvements 500,000$ 5,967,000$ -$ -$ -$ -$ -$ 6,467,000$ 08102-Pavement Management Program (PMP)50,000 - 50,000 - 110,000 - - 210,000 19102-Camino Capistrano Pavement Rehabilitation (Fiscal Year 2022-23)2,500,000 - -- -- - 2,500,000 23101-Stonehill Widening 400,000 - -- -- - 400,000 23102-Arguello Way Rehabilitation 555,000 - -- -- - 555,000 xxxxx-Local Streets Pavement Rehabilitation (FY 2023-24)- 12,636,239 - - - - - 12,636,239 xxxxx-Arterial Streets Pavement Rehabilitation (FY 2024-25)- -4,542,140 - - - - 4,542,140 xxxxx-Local and Arterial Streets Pavement Rehabilitation (FY 2025-26)- -- 4,711,882 - - - 4,711,882 xxxxx-Arterial Streets Pavement Rehabilitation (FY 2026-27)- -- - 2,646,440 - - 2,646,440 xxxxx-Arterial Streets Pavement Rehabilitation (FY 2027-28)- -- - - 4,411,000 - 4,411,000 xxxxx-Arterial Streets Pavement Rehabilitation (FY 2028-29)- -- - - -3,000,000 3,000,000 xxxxx-Traffic Signal Synchronization Design Phase - 500,000 - - - -- 500,000 xxxxx-Traffic Signal Rancho Viejo Rd at Highland - -- - - -80,000 80,000 xxxxx-Speed Advisory Sign Calle Arroyo w/o Rancho Viejo Rd - -- - - -22,000 22,000 SUBTOTAL 4,005,000$ 19,103,239$ 4,592,140$ 4,711,882$ 2,756,440$ 4,411,000$ 3,102,000$ 42,681,701$ PARKS AND OPEN SPACE 09203-Citywide Playground Upgrades 50,000 130,000 200,000 130,000 200,000 130,000 200,000 1,040,000 21201-Skateboard Park 760,000 - - - - - - 760,000 xxxxx-Sports Park Turf Improvements - 1,000,000 - - - - - 1,000,000 22202-Stonefield Park Synthetic Turf - 1,500,000 - - - - - 1,500,000 xxxxx-Lighting Improvements Soccer Fields - 635,000 - - - - - 635,000 xxxxx-Cook Cordova Softball Facilities Upgrade -$ 267,500$ -$ -$ -$ -$ -$ 267,500$ SUBTOTAL 810,000$ 3,532,500$ 200,000$ 130,000$ 200,000$ 130,000$ 200,000$ 5,202,500$ BUILDINGS AND FACILITIES 15306-ADA Self Evaluation and Transition Plan 152,000$ 100,000$ 100,000$ 100,000$ 100,000$ 100,000$ 100,000$ 752,000$ 23301-Montanez Adobe Refurbishment 54,000 - - - - - - 54,000 22302-Supportive Housing/City Hall Project 3,150,000 - - - - - - 3,150,000 xxxxx-Historic Town Center Park Storage Facility - 180,000 - - - - - 180,000 SUBTOTAL 3,356,000$ 280,000$ 100,000$ 100,000$ 100,000$ 100,000$ 100,000$ 4,136,000$ DRAINAGE SUBTOTAL -$ -$ -$ -$ -$ -$ -$ -$ GRAND TOTAL CIP EXPENDITURES 8,171,000$ 22,915,739$ 4,892,140$ 4,941,882$ 3,056,440$ 4,641,000$ 3,402,000$ 52,020,201$ OPERATING PROJECTS (1) Summer and Special Events Trolley Program 222,000 - - - - - - 222,000 Senior Mobility Program 65,147 - - - - - - 65,147 TOTAL OPERATING PROJECTS 287,147$ -$ -$ -$ -$ -$ -$ 287,147$ (1)Operating projects funded with Measure M2 revenues are included in the operating budget and are presented on this schedule to meet the requirements of the Measure M2 program.EXHIBIT A - Page 1 of 19 CITY OF SAN JUAN CAPISTRANO FUND 1 - GENERAL FUND FISCAL YEAR 2022/23 AMENDED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED Description 2021/22 2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 BEGINNING FUND BALANCE -$ -$ 6,514,000$ 886,248$ -$ -$ 214,000$ -$ REVENUES Current Year Project Funding (565,000) 8,014,000 1,214,000 1,226,709 726,155 214,000 214,000 214,000 TOTAL - PROJECTED REVENUES AND OTHER SOURCES (565,000)$ 8,014,000$ 1,214,000$ 1,226,709$ 726,155$ 214,000$ 214,000$ 214,000$ TOTAL RESOURCES AVAILABLE (565,000)$ 8,014,000$ 7,728,000$ 2,112,957$ 726,155$ 214,000$ 428,000$ 214,000$ EXPENDITURES 22302-Supportive Housing/City Hall Project - 1,500,000 - - - - - - xxxxx-Local Streets Pavement Rehabilitation (FY 2023-24)- - 6,741,752 - - - - - xxxxx-Arterial Streets Pavement Rehabilitation Project - - - 2,112,957 - - - - xxxxx-Traffic Signal Synchronization Design Phase - - 100,000 - - - - - xxxxx-Local and Arterial Streets Pavement Rehabilitation (FY 2025- 26)- - - - 726,155 - - - xxxxx-Arterial Streets Pavement Rehabilitation (FY 2027-28)- - - - - - 428,000 - xxxxx-Arterial Streets Pavement Rehabilitation (FY 2028-29)- - - - - - - 128,000 xxxxx-Traffic Signal Rancho Viejo Rd at Highland - - - - - - - 80,000 20501 - Confined Animal Feeding Operations (CAFO) Stormwater Treatment System (565,000) - - - - - - - TOTAL EXPENDITURES (565,000)$ 1,500,000$ 6,841,752$ 2,112,957$ 726,155$ -$ 428,000$ 208,000$ ENDING FUND BALANCE -$ 6,514,000$ 886,248$ -$ -$ 214,000$ -$ 6,000$ EXHIBIT A - Page 2 of 19 CITY OF SAN JUAN CAPISTRANO FUND 6 - ROAD MAINTENANCE AND REHABILITATION ACCOUNT (RMRA) FISCAL YEAR 2022/23 AMENDED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED Description 2021/22 2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 BEGINNING FUND BALANCE 217,448$ 147,198$ -$ -$ -$ -$ -$ (351,000)$ REVENUES Gas Tax 2030 (SB-1)741,500 816,000 840,000 857,000 874,000 891,000 909,000 927,000 TOTAL - PROJECTED REVENUES AND OTHER SOURCES 741,500$ 816,000$ 840,000$ 857,000$ 874,000$ 891,000$ 909,000$ 927,000$ TOTAL RESOURCES AVAILABLE 958,948$ 963,198$ 840,000$ 857,000$ 874,000$ 891,000$ 909,000$ 576,000$ EXPENDITURES 19102-Camino Capistrano Pavement Rehabilitation 811,750 963,198 - - - - - - xxxxx-Local Streets Pavement Rehabilitation (FY 2023-24)- - 840,000 - - - - - xxxxx-Arterial Streets Pavement Rehabilitation (FY 2024-25)- - - 857,000 - - - - xxxxx-Local and Arterial Streets Pavement Rehabilitation (FY 2025-26)- - - - 874,000 - - - xxxxx-Arterial Streets Pavement Rehabilitation (FY 2026-27)- - - - - 891,000 - - xxxxx-Arterial Streets Pavement Rehabilitation (FY 2027-28)- - - - - - 1,260,000 - xxxxx-Arterial Streets Pavement Rehabilitation (FY 2028-29)- - - - - - - 927,000 TOTAL EXPENDITURES 811,750$ 963,198$ 840,000$ 857,000$ 874,000$ 891,000$ 1,260,000$ 927,000$ ENDING FUND BALANCE 147,198$ -$ -$ -$ -$ -$ (351,000)$ (351,000)$ EXHIBIT A - Page 3 of 19 CITY OF SAN JUAN CAPISTRANO FUND 10 - SYSTEMS DEVELOPMENT FISCAL YEAR 2022/23 AMENDED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED Description 2021/22 2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 BEGINNING FUND BALANCE 363,708$ 742,708$ 1,404,708$ 865,900$ 1,219,717$ 322,990$ 258,550$ 134,817$ REVENUES Systems Development Tax 362,000 637,000 835,900 364,000 560,000 108,000 158,000 77,000 Development Fees - Ord 211 12,000 24,000 29,000 16,000 19,000 7,000 3,000 2,000 Interest 5,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 TOTAL - PROJECTED REVENUES AND OTHER SOURCES 379,000$ 662,000$ 865,900$ 381,000$ 580,000$ 116,000$ 162,000$ 80,000$ TOTAL RESOURCES AVAILABLE 742,708$ 1,404,708$ 2,270,608$ 1,246,900$ 1,799,717$ 438,990$ 420,550$ 214,817$ EXPENDITURES xxxxx-Local Streets Pavement Rehabilitation (FY 2023-24)- - 1,404,708 - - - - - xxxxx-Arterial Streets Pavement Rehabilitation (FY 2024-25)- - - 27,183 - - - - xxxxx-Local and Arterial Streets Pavement Rehabilitation (FY 2025-26)- - - - 1,476,727 - - - xxxxx-Arterial Streets Pavement Rehabilitation (FY 2026-27)- - - - - 180,440 - - xxxxx-Arterial Streets Pavement Rehabilitation (FY 2027-28)- - - - - - 285,733 - xxxxx-Arterial Streets Pavement Rehabilitation (FY 2028-29)- - - - - - - 162,000 xxxxx-Speed Advisory Sign Calle Arroyo w/o Rancho Viejo Rd - - - - - - - 22,000 TOTAL EXPENDITURES -$ -$ 1,404,708$ 27,183$ 1,476,727 180,440$ 285,733$ 184,000$ ENDING FUND BALANCE 742,708$ 1,404,708$ 865,900$ 1,219,717$ 322,990$ 258,550$ 134,817$ 30,817$ EXHIBIT A - Page 4 of 19 CITY OF SAN JUAN CAPISTRANO FUND 11 - PARK AND RECREATION FEES FISCAL YEAR 2022/23 AMENDED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED Description 2021/22 2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 BEGINNING FUND BALANCE 2,122,956$ 35,323$ 1,549,323$ 725,487$ 2,070,287$ 3,987,887$ 4,321,887$ 4,204,887$ REVENUES Park/Recreation Fees 1,006,000 2,378,000 2,883,664 1,542,800 2,041,600 522,000 - - Developer Contribution - - - - - - - - Interest 28,000 - 5,000 2,000 6,000 12,000 13,000 13,000 TOTAL - PROJECTED REVENUES AND OTHER SOURCES 1,034,000$ 2,378,000$ 2,888,664$ 1,544,800$ 2,047,600$ 534,000$ 13,000$ 13,000$ TOTAL RESOURCES AVAILABLE 3,156,956$ 2,413,323$ 4,437,987$ 2,270,287$ 4,117,887$ 4,521,887$ 4,334,887$ 4,217,887$ EXPENDITURES 09203-City-wide Playground Upgrades - 50,000 130,000 200,000 130,000 200,000 130,000 200,000 09209-Northwest Open Space Community Park (67,912) - - - - - - - 22201-Cook La Novia Park Pickleball Courts Conversion 115,000 - - - - - - - 20204-Paseo Adelanto Parking Lot Expansion (Los Rios)- - - - - - - - 21201-Skateboard Park 2,774,545 760,000 - - - - - - 23301-Montanez Adobe Refurbishment - 54,000 - - - - - - 22202-Stonefield Park Synthetic Turf 300,000 - 1,500,000 - - - - - xxxxx-Sports Park Turf Improvements - - 1,000,000 - - - - - xxxxx-Lighting Improvements Soccer Fields - - 635,000 - - - - - xxxxx-Cook Cordova Softball Facilities Upgrade - 267,500 - - - - - xxxxx-Historic Town Center Park Storage Facility - - 180,000 - - - - - TOTAL EXPENDITURES 3,121,633$ 864,000$ 3,712,500$ 200,000$ 130,000$ 200,000$ 130,000$ 200,000$ ENDING FUND BALANCE 35,323$ 1,549,323$ 725,487$ 2,070,287$ 3,987,887$ 4,321,887$ 4,204,887$ 4,017,887$ EXHIBIT A - Page 5 of 19 CTIY OF SAN JUAN CAPISTRANO FUND 12 - DRAINAGE FUND FISCAL YEAR 2022/23 AMENDED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED Description 2021/22 2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 BEGINNING FUND BALANCE (257,065)$ (238,065)$ (189,065)$ (15,065)$ 4,935$ 57,935$ 68,935$ 68,935$ REVENUES Drainage Fees 19,000 49,000 174,000 20,000 53,000 11,000 - - TOTAL - PROJECTED REVENUES AND OTHER SOURCES 19,000$ 49,000$ 174,000$ 20,000$ 53,000$ 11,000$ -$ -$ TOTAL RESOURCES AVAILABLE (238,065)$ (189,065)$ (15,065)$ 4,935$ 57,935$ 68,935$ 68,935$ 68,935$ EXPENDITURES - - - - - - - - TOTAL EXPENDITURES -$ -$ -$ -$ -$ -$ -$ -$ ENDING FUND BALANCE (238,065)$ (189,065)$ (15,065)$ 4,935$ 57,935$ 68,935$ 68,935$ 68,935$ EXHIBIT A - Page 6 of 19 CTIY OF SAN JUAN CAPISTRANO FUND 13 - AGRICULTURAL PRESERVATION FUND FISCAL YEAR 2022/23 AMENDED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED Description 2021/22 2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 BEGINNING FUND BALANCE 225,969$ 374,969$ 507,969$ 759,969$ 877,969$ 1,060,969$ 1,145,969$ 1,251,969$ REVENUES Agricultural Preservation Fees 147,000 129,000 247,000 110,000 174,000 74,000 95,000 - Interest 2,000 4,000 5,000 8,000 9,000 11,000 11,000 13,000 TOTAL - PROJECTED REVENUES AND OTHER SOURCES 149,000$ 133,000$ 252,000$ 118,000$ 183,000$ 85,000$ 106,000$ 13,000$ TOTAL RESOURCES AVAILABLE 374,969$ 507,969$ 759,969$ 877,969$ 1,060,969$ 1,145,969$ 1,251,969$ 1,264,969$ EXPENDITURES - - - - - - - - TOTAL EXPENDITURES -$ -$ -$ -$ -$ -$ -$ -$ ENDING FUND BALANCE 374,969$ 507,969$ 759,969$ 877,969$ 1,060,969$ 1,145,969$ 1,251,969$ 1,264,969$ EXHIBIT A - Page 7 of 19 CITY OF SAN JUAN CAPISTRANO FUND 17 - GAS TAX FUND FISCAL YEAR 2022/23 AMENDED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED Description 2021/22 2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 BEGINNING FUND BALANCE (33,736)$ 559,779$ 1,259,379$ -$ -$ -$ -$ (351,000)$ REVENUES Gas Tax 2103 (HUTA)303,595 352,600 363,000 370,000 377,000 385,000 393,000 401,000 Gas Tax 2105 211,750 231,000 238,000 243,000 248,000 253,000 258,000 263,000 Gas Tax 2106 132,600 144,000 148,000 151,000 154,000 157,000 160,000 163,000 Gas Tax 2107 288,570 316,000 325,000 332,000 339,000 346,000 353,000 360,000 Gas Tax 2107.5 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 Interest 1,000 - 4,000 - - - - - TOTAL - PROJECTED REVENUES AND OTHER SOURCES 943,515$ 1,049,600$ 1,084,000$ 1,102,000$ 1,124,000$ 1,147,000$ 1,170,000$ 1,193,000$ TOTAL RESOURCES AVAILABLE 909,779$ 1,609,379$ 2,343,379$ 1,102,000$ 1,124,000$ 1,147,000$ 1,170,000$ 842,000$ EXPENDITURES xxxxx-Local Streets Pavement Rehabilitation (FY 2023-24)- - 1,993,379 - - - - - xxxxx-Arterial Streets Pavement Rehabilitation (FY 2024-25)- - - 752,000 - - - - xxxxx-Local and Arterial Streets Pavement Rehabilitation (FY 2025-26)- - - - 774,000 - - - xxxxx-Arterial Streets Pavement Rehabilitation (FY 2026-27)- - - - - 797,000 - - xxxxx-Arterial Streets Pavement Rehabilitation (FY 2027-28)- - - - - - 1,171,000 - xxxxx-Arterial Streets Pavement Rehabilitation (FY 2028-29)- - - - - - - 843,000 Transfer Out-General Fund (Street Maintenance)350,000 350,000 350,000 350,000 350,000 350,000 350,000 350,000 TOTAL EXPENDITURES 350,000$ 350,000$ 2,343,379$ 1,102,000$ 1,124,000$ 1,147,000$ 1,521,000$ 1,193,000$ ENDING FUND BALANCE 559,779$ 1,259,379$ -$ -$ -$ -$ (351,000)$ (351,000)$ EXHIBIT A - Page 8 of 19 CTIY OF SAN JUAN CAPISTRANO FUND 18 - CCFP FUND FISCAL YEAR 2022/23 AMENDED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED Description 2021/22 2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 BEGINNING FUND BALANCE 7,421,946$ 8,148,166$ 10,306,166$ 8,814,062$ 10,155,394$ 11,806,584$ 12,527,064$ 13,220,532$ REVENUES Circulation Fees 1,204,000 2,634,000 4,443,896 1,315,333 1,621,190 685,480 655,468 367,360 Interest 56,000 24,000 31,000 26,000 30,000 35,000 38,000 40,000 TOTAL - PROJECTED REVENUES AND OTHER SOURCES 1,260,000$ 2,658,000$ 4,474,896$ 1,341,333$ 1,651,190$ 720,480$ 693,468$ 407,360$ TOTAL RESOURCES AVAILABLE 8,681,946$ 10,806,166$ 14,781,062$ 10,155,394$ 11,806,584$ 12,527,064$ 13,220,532$ 13,627,892$ EXPENDITURES 07117-I-5/San Juan Creek Road Underpass Improvements 533,780 500,000 5,967,000 - - - - - TOTAL EXPENDITURES 533,780$ 500,000$ 5,967,000$ -$ -$ -$ -$ -$ ENDING FUND BALANCE 8,148,166$ 10,306,166$ 8,814,062$ 10,155,394$ 11,806,584$ 12,527,064$ 13,220,532$ 13,627,892$ EXHIBIT A - Page 9 of 19 CITY OF SAN JUAN CAPISTRANO FUND 31 - AIR QUALITY MANAGEMENT DISTRICT (AQMD)/AB2766 FUND FISCAL YEAR 2022/2023 AMENDED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED Description 2021/22 2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 BEGINNING FUND BALANCE 394,154$ 256,154$ 266,154$ 273,154$ 279,154$ 285,154$ 291,154$ 297,154$ REVENUES Fund Contribution: Current Year Project Funding 45,000 45,000 45,000 45,000 45,000 45,000 45,000 45,000 Interest 3,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 TOTAL - PROJECTED REVENUES AND OTHER SOURCES 48,000$ 46,000$ 46,000$ 46,000$ 46,000$ 46,000$ 46,000$ 46,000$ TOTAL RESOURCES AVAILABLE 442,154$ 302,154$ 312,154$ 319,154$ 325,154$ 331,154$ 337,154$ 343,154$ EXPENDITURES 22301-Electric Car Charging Station at Community Center 150,000 - - - - - - - Mounted Police 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 Transfer Out to General Fund for Senior Mobility Transportation Program 9,000 9,000 12,000 13,000 13,000 13,000 13,000 13,000 Transfer Out to General Fund for Summer Trolley Program 22,000 22,000 22,000 22,000 22,000 22,000 22,000 22,000 TOTAL EXPENDITURES 186,000$ 36,000$ 39,000$ 40,000$ 40,000$ 40,000$ 40,000$ 40,000$ ENDING FUND BALANCE 256,154$ 266,154$ 273,154$ 279,154$ 285,154$ 291,154$ 297,154$ 303,154$ EXHIBIT A - Page 10 of 19 CITY OF SAN JUAN CAPISTRANO FUND 32 - MEASURE M FUND FISCAL YEAR 2022/23 AMENDED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED Description 2021/22 2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 BEGINNING FUND BALANCE (22,472)$ 223,528$ 830,400$ -$ -$ -$ -$ (353,267)$ REVENUES Measure M Local Turnback 760,000 802,000 824,000 843,000 861,000 888,000 913,000 940,000 Interest 3,000 1,000 2,000 - - - - - TOTAL - PROJECTED REVENUES AND OTHER SOURCES 763,000$ 803,000$ 826,000$ 843,000$ 861,000$ 888,000$ 913,000$ 940,000$ TOTAL RESOURCES AVAILABLE 740,528$ 1,026,528$ 1,656,400$ 843,000$ 861,000$ 888,000$ 913,000$ 586,733$ EXPENDITURES 08102-Pavement Management Program (PMP)- 50,000 - 50,000 - 110,000 - - 19102-Camino Capistrano Pavement Rehabilitation 517,000 146,128 - - - - - - xxxxx-Local Streets Pavement Rehabilitation (FY 2023-24)- - 1,656,400 - - - - - xxxxx-Arterial Streets Pavement Rehabilitation (FY 2024-25)- - - 793,000 - - - - xxxxx-Local and Arterial Streets Pavement Rehabilitation (FY 20 - - - - 861,000 - - - xxxxx-Arterial Streets Pavement Rehabilitation (FY 2026-27)- - - - - 778,000 - - xxxxx-Arterial Streets Pavement Rehabilitation (FY 2027-28)- - - - - - 1,266,267 - xxxxx-Arterial Streets Pavement Rehabilitation (FY 2028-29)- - - - - - - 940,000 TOTAL EXPENDITURES 517,000 196,128 1,656,400 843,000 861,000 888,000 1,266,267 940,000 ENDING FUND BALANCE 223,528$ 830,400$ -$ -$ -$ -$ (353,267)$ (353,267)$ EXHIBIT A - Page 11 of 19 City of San Juan Capistrano FUND 36 - PARK, RECREATION, AND OPEN SPACE GRANTS FUND FISCAL YEAR 2022/20223 AMENDED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED Description 2021/22 2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 BEGINNING FUND BALANCE -$ -$ -$ -$ -$ -$ -$ -$ REVENUES Grants - State 200,418 - - - - - - - TOTAL - PROJECTED REVENUES AND OTHER SOURCES 200,418$ -$ -$ -$ -$ -$ -$ -$ TOTAL RESOURCES AVAILABLE 200,418$ -$ -$ -$ -$ -$ -$ -$ EXPENDITURES 21201-Skateboard Park 200,418 - - - - - - - TOTAL EXPENDITURES 200,418$ - -$ -$ -$ -$ -$ -$ ENDING FUND BALANCE -$ -$ -$ -$ -$ -$ -$ -$ EXHIBIT A - Page 12 of 19 CITY OF SAN JUAN CAPISTRANO FUND 37 - HIGHWAYS, STREETS, AND ROADS GRANTS FUND FISCAL YEAR 2022/23 AMENDED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED Description 2021/22 2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 BEGINNING FUND BALANCE (313,029)$ (313,029)$ (313,029)$ (313,029)$ (313,029)$ (313,029)$ (313,029)$ (313,029)$ REVENUES Measure M Specific Projects 169,000 200,000 200,000 - - - - - CTFP Grant - - 400,000 Arteria Capacity Enhancement (ACE) Grant 3,500,000 - - - - - - - Developer Contribution 1,166,000 - - - - - - - TOTAL - PROJECTED REVENUES AND OTHER SOURCES 4,835,000$ 200,000$ 600,000$ -$ -$ -$ -$ -$ TOTAL RESOURCES AVAILABLE 4,521,971$ (113,029)$ 286,971$ (313,029)$ (313,029)$ (313,029)$ (313,029)$ (313,029)$ EXPENDITURES 14107-Ortega Highway Improvement Widening Project 4,666,000 - - - - - - - xxxxx-Traffic Signal Synchronization Design Phase - - 400,000 - - - - - Transfer Out to General Fund for Trolley Program 169,000 200,000 200,000 - - - - - TOTAL EXPENDITURES 4,835,000$ 200,000$ 600,000$ -$ -$ -$ -$ -$ ENDING FUND BALANCE (313,029)$ (313,029)$ (313,029)$ (313,029)$ (313,029)$ (313,029)$ (313,029)$ (313,029)$ EXHIBIT A - Page 13 of 19 CITY OF SAN JUAN CAPISTRANO FUND 38 - OTHER GRANTS FUND FISCAL YEAR 2022/23 AMENDED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED Description 2021/22 2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 BEGINNING FUND BALANCE 4,195,337$ (1,754,663)$ -$ -$ -$ -$ -$ -$ REVENUES Grants - ARPA 4,295,337 - - - - - - TOTAL - PROJECTED REVENUES AND OTHER SOURCES -$ 4,295,337$ -$ -$ -$ -$ -$ -$ TOTAL RESOURCES AVAILABLE 4,195,337$ 2,540,674$ -$ -$ -$ -$ -$ -$ EXPENDITURES 22302-Supportive Housing/City Hall Project 350,000 1,150,000 - - - - - - 19102-Camino Capistrano Rehabilitation Project 5,600,000 1,390,674 - - - - - - TOTAL EXPENDITURES 5,950,000$ 2,540,674$ -$ -$ -$ -$ -$ -$ ENDING FUND BALANCE (1,754,663)$ -$ -$ -$ -$ -$ -$ -$ EXHIBIT A - Page 14 of 19 CITY OF SAN JUAN CAPISTRANO FUND 51 - OPEN SPACE ACQUISTION AND CONSTRUCTION FUND FISCAL YEAR 2022/23 AMENDED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED Description 2021/22 2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 BEGINNING FUND BALANCE 73,836$ -$ -$ -$ -$ -$ -$ -$ REVENUES Interest - - - - - - - - TOTAL - PROJECTED REVENUES AND OTHER SOURCES -$ -$ -$ -$ -$ -$ -$ -$ TOTAL RESOURCES AVAILABLE 73,836$ -$ -$ -$ -$ -$ -$ -$ EXPENDITURES 09209-Northwest Open Space Community Park 73,836 - - - - - - - TOTAL EXPENDITURES 73,836$ -$ -$ -$ -$ -$ -$ -$ ENDING FUND BALANCE -$ -$ -$ -$ -$ -$ -$ -$ EXHIBIT A - Page 15 of 19 CITY OF SAN JUAN CAPISTRANO FUND 52 - COMMUNITY FACILITIES DISTRICT BONDS FISCAL YEAR 2022/23 AMENDED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED Description 2021/22 2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 BEGINNING FUND BALANCE 31,712$ -$ -$ -$ -$ -$ -$ -$ REVENUES Interest - - - - - - - - TOTAL - PROJECTED REVENUES AND OTHER SOURCES -$ -$ -$ -$ -$ -$ -$ -$ TOTAL RESOURCES AVAILABLE 31,712$ -$ -$ -$ -$ -$ -$ -$ EXPENDITURES 09209-Northwest Open Space Community Park (16,088) - - - - - - - 19102-Camino Capistrano Pavement Rehabilitation 47,800 - - - - - - - xxxxx-Skateboard Park - - - - - - - - TOTAL EXPENDITURES 31,712$ -$ -$ -$ -$ -$ -$ -$ ENDING FUND BALANCE -$ -$ -$ -$ -$ -$ -$ -$ EXHIBIT A - Page 16 of 19 CITY OF SAN JUAN CAPISTRANO FUND 53 - SUCCESSOR AGENCY NON-HOUSING BONDS FISCAL YEAR 2022/23 AMENDED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED Description 2021/22 2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 BEGINNING FUND BALANCE 33,477$ -$ -$ -$ -$ -$ -$ -$ REVENUES Interest - - - - - - - - TOTAL - PROJECTED REVENUES AND OTHER SOURCES -$ -$ -$ -$ -$ -$ -$ -$ TOTAL REVENUE AVAILABLE 33,477$ -$ -$ -$ -$ -$ -$ -$ EXPENDITURES 19102-Camino Capistrano Pavement Rehabilitation 33,477 - - - - - - - TOTAL EXPENDITURES 33,477$ -$ -$ -$ -$ -$ -$ -$ ENDING FUND BALANCE -$ -$ -$ -$ -$ -$ -$ -$ EXHIBIT A - Page 17 of 19 City of San Juan Capistrano FUND 54 - PUBLIC BENEFITS CONTRIBUTION FUND FISCAL YEAR 2022/2023 AMENDED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED Description 2021/22 2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 BEGINNING FUND BALANCE 698,209$ 698,209$ 298,209$ 298,209$ 298,209$ 298,209$ 298,209$ 298,209$ REVENUES Land Sale Proceeds - 555,000 - - - - - TOTAL - PROJECTED REVENUES AND OTHER SOURCES -$ 555,000 -$ -$ -$ -$ -$ -$ TOTAL REVENUE AVAILABLE 698,209$ 1,253,209$ 298,209$ 298,209$ 298,209$ 298,209$ 298,209$ 298,209$ EXPENDITURES 23101-Stonehill Widening - 400,000 - - - - - - 23102 - Arguello Way Rehabilitation 555,000 TOTAL EXPENDITURES -$ 955,000 -$ -$ -$ -$ -$ -$ ENDING FUND BALANCE 698,209$ 298,209$ 298,209$ 298,209$ 298,209$ 298,209$ 298,209$ 298,209$ - EXHIBIT A - Page 18 of 19 CITY OF SAN JUAN CAPISTRANO FUND 81 - FACILITIES OPERATIONS FUND FISCAL YEAR 2022/23 AMENDED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED Description 2021/22 2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 BEGINNING FUND BALANCE 1,555,000$ 1,688,736$ 1,036,736$ 936,736$ 836,736$ 736,736$ 636,736$ 536,736$ REVENUES Current Year Project Funding - - - - - - - - TOTAL - PROJECTED REVENUES AND OTHER SOURCES -$ -$ -$ -$ -$ -$ -$ -$ TOTAL RESOURCES AVAILABLE 1,555,000$ 1,688,736$ 1,036,736$ 936,736$ 836,736$ 736,736$ 636,736$ 536,736$ EXPENDITURES 15306-ADA Self Evaluation and Transition Plan (583,736) 152,000 100,000 100,000 100,000 100,000 100,000 100,000 22302-Supportive Housing/City Hall Project - 500,000 - - - - - - 22103-Spring Street ADA 250,000 - - - - - - - Department Software 200,000 - - - - - - - TOTAL EXPENDITURES (133,736)$ 652,000$ 100,000$ 100,000$ 100,000$ 100,000$ 100,000$ 100,000$ ENDING FUND BALANCE 1,688,736$ 1,036,736$ 936,736$ 836,736$ 736,736$ 636,736$ 536,736$ 436,736$ EXHIBIT A - Page 19 of 19 Orange County Transportation Authority FY 2022/23 - FY 2028/29 Capital Improvement Program TIP ID CP-11091 IMPLEMENTING AGENCY San Juan Capistrano, City of Local Project Number: N/A Project Title Additional Project IDs:07117-I-5/San Juan Creek Road Underpass Improvement Project Type of Work:Road Widening Project Description Type of Work Description:Road Widening - Add 2 lanes to existing roadway in project limits Widen San Juan Creek Road under I-5 overpass between Valle Road and Camino Capistrano. Limits Valle Road to Camino Capistrano Project Notes Developer Contribution. Capistrano Circulation Fee Program FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2023 Traffic Impact Fees $0 $0 $500,000 $0 $500,000 $515,000 2024 Traffic Impact Fees $0 $0 $5,967,000 $0 $5,967,000 $6,330,390 Totals:$0 $0 $6,467,000 $0 $6,467,000 $6,845,390 Last Revised: 22-00 - Submitted Total Programmed: $6,467,000 TIP ID CP-11849 IMPLEMENTING AGENCY San Juan Capistrano, City of Local Project Number:Project Title Additional Project IDs:ARTERIAL STREETS AND LOCAL STREETS (ZONE 3) PAVEMENT REHABILITATION PROJECT - CIP XXXXX Type of Work:Road Maintenance Project Description Type of Work Description:Road Maintenance - Rehabilitation of roadway Pavement rehabilitation, construction of ADA compliant curb ramps, repair and reconstruction of damaged curbs and gutters and roadway striping. Limits Local streets within Zone 3 and Entire Length of Camino Del Avion and Alipaz Street Project Notes FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 Local Streets and Roads apportionments $0 $0 $874,000 $0 $874,000 $983,695 2026 Measure M2 Local Fairshare $0 $0 $861,000 $0 $861,000 $969,063 2026 Gas Tax $0 $0 $774,000 $0 $774,000 $871,144 2026 General Fund $350,000 $0 $376,155 $0 $726,155 $773,366 2026 Developer $0 $0 $1,476,727 $0 $1,476,727 $1,662,069 Totals:$350,000 $0 $4,361,882 $0 $4,711,882 $5,259,337 Last Revised: 22-00 - Submitted Total Programmed: $4,711,882 TIP ID CP-11838 IMPLEMENTING AGENCY San Juan Capistrano, City of Local Project Number:Project Title Additional Project IDs:ARTERIAL STREETS PAVEMENT REHABILITATION PROJECT Type of Work:Road Maintenance Project Description Type of Work Description:Road Maintenance - Rehabilitation of roadway Pavement rehabilitation for Rancho Viejo Road, La Novia Avenue and Del Obispo Street. Project scope includes pavement rehabilitation, construction of ADA compliant curb ramps, repair and reconstruction of damaged curbs and gutters, new striping. Limits Rancho Viejo Road north of Junipero Serra and between Ortega Highway and Calle Arroyo, La Novia Avenue and Del Obispo Street between Camino Capistrano and Paseo Adelanto. Project Notes Agency Contribution - Fund 10 - System Development FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2025 Measure M2 Local Fairshare $0 $0 $793,000 $0 $793,000 $866,533 2025 Local Streets and Roads apportionments $0 $0 $857,000 $0 $857,000 $936,467 2025 Agency Contribution $0 $0 $27,183 $0 $27,183 $29,704 2025 General Fund $250,000 $0 $1,862,957 $0 $2,112,957 $2,285,703 2025 Gas Tax $0 $0 $752,000 $0 $752,000 $821,731 Totals:$250,000 $0 $4,292,140 $0 $4,542,140 $4,940,138 Last Revised: 22-00 - Submitted Total Programmed: $4,542,140 ATTACHMENT 3 - Page 1 of 6 TIP ID CP-11850 IMPLEMENTING AGENCY San Juan Capistrano, City of Local Project Number:Project Title Additional Project IDs:ARTERIAL STREETS PAVEMENT REHABILITATION PROJECT (2) - CIP XXXXX Type of Work:Road Maintenance Project Description Type of Work Description:Road Maintenance - Rehabilitation of roadway Pavement rehabilitation, construction of ADA compliant curb ramps, repair and reconstruction of damaged curbs and gutters, new roadway striping Limits San Juan Creek Road, Camino Las Ramblas, and Del Obispo Street between Paseo de La Paz and Camino Del Avion. Project Notes FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2027 Developer $0 $0 $180,440 $0 $180,440 $209,179 2027 Local Streets and Roads apportionments $0 $0 $891,000 $0 $891,000 $1,032,913 2027 Measure M2 Local Fairshare $0 $0 $778,000 $0 $778,000 $901,915 2027 Gas Tax $200,000 $0 $597,000 $0 $797,000 $892,087 Totals:$200,000 $0 $2,446,440 $0 $2,646,440 $3,036,094 Last Revised: 22-00 - Submitted Total Programmed: $2,646,440 TIP ID CP-11851 IMPLEMENTING AGENCY San Juan Capistrano, City of Local Project Number:Project Title Additional Project IDs:ARTERIAL STREETS PAVEMENT REHABILITATION PROJECT (3) - CIP XXXXX Type of Work:Road Maintenance Project Description Type of Work Description:Road Maintenance - Rehabilitation of roadway Pavement rehabilitation, construction of ADA compliant curb ramps, repair and reconstruction of damaged curbs and gutters and roadway striping. Limits Remaining sections of San Juan Creek Road, Del Obispo Street and Rancho Viejo Road. Project Notes FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2028 Developer $0 $0 $285,733 $0 $285,733 $341,180 2028 General Fund $400,000 $0 $28,000 $0 $428,000 $433,433 2028 Gas Tax $0 $0 $1,171,000 $0 $1,171,000 $1,398,235 2028 Local Streets and Roads apportionments $0 $0 $1,260,000 $0 $1,260,000 $1,504,506 2028 Measure M2 Local Fairshare $0 $0 $1,266,267 $0 $1,266,267 $1,511,989 Totals:$400,000 $0 $4,011,000 $0 $4,411,000 $5,189,343 Last Revised: 22-00 - Submitted Total Programmed: $4,411,000 TIP ID CP-11870 IMPLEMENTING AGENCY San Juan Capistrano, City of Local Project Number: CIP23102 Project Title Additional Project IDs:Arguello Way Rehabilitation Project Type of Work:Road Maintenance Project Description Type of Work Description:Road Maintenance - Rehabilitation of roadway Pavement Improvement, landscaping, new ADA ramps and sidewalk widening Limits Camino Capistrano to Multimodal Parking Lot Project Notes Other - Public Benefit Contribution - Fund 54 FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2023 Other $55,000 $0 $500,000 $0 $555,000 $570,000 Totals:$55,000 $0 $500,000 $0 $555,000 $570,000 Last Revised: 22-00 - Submitted Total Programmed: $555,000 TIP ID CP-11098 IMPLEMENTING AGENCY San Juan Capistrano, City of Local Project Number: N/A Project Title Additional Project IDs:CIP 08102 Pavement Management Program (PMP) Type of Work:Road Maintenance Project Description Type of Work Description:Road Maintenance - Studies or PMP updates Provide updates to the City's PMP on odd years in compliance with Measure M2 eligibility requirements. Limits City-wide Project Notes Measure M Funds FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2023 Measure M2 Local Fairshare $50,000 $0 $0 $0 $50,000 $50,000 2025 Measure M2 Local Fairshare $50,000 $0 $0 $0 $50,000 $50,000 2027 Measure M2 Local Fairshare $110,000 $0 $0 $0 $110,000 $110,000 2029 Measure M2 Local Fairshare $50,000 $0 $0 $0 $50,000 $50,000 Totals:$260,000 $0 $0 $0 $260,000 $260,000 Last Revised: 22-00 - Submitted Total Programmed: $260,000 ATTACHMENT 3 - Page 2 of 6 TIP ID CP-11106 IMPLEMENTING AGENCY San Juan Capistrano, City of Local Project Number: CIP 19102 Project Title Additional Project IDs:Camino Capistrano Pavement Rehabilitation Project - CIP 19102 - Type of Work:Road Maintenance Project Description Type of Work Description:Road Maintenance - Rehabilitation of roadway Rehabilitation of Camino Capistrano from the City of Dana Point border to the City of Laguna Niguel border to improve roadway conditions. This arterial street is programmed for completion in FY22/23. Limits Between the cities of Dana Point to Laguna Niguel Project Notes Other - ARPA Funds FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2023 Measure M2 Local Fairshare $0 $0 $146,128 $0 $146,128 $150,512 2023 Local Streets and Roads apportionments $0 $0 $963,198 $0 $963,198 $992,094 2023 Other $0 $0 $1,390,674 $0 $1,390,674 $1,432,394 Totals:$0 $0 $2,500,000 $0 $2,500,000 $2,575,000 Last Revised: 22-00 - Submitted Total Programmed: $2,500,000 TIP ID CP-11118 IMPLEMENTING AGENCY San Juan Capistrano, City of Local Project Number: 11-SJCP-ECP-3590 Project Title Additional Project IDs:City of San Juan Capistrano Trash Removal 1 Type of Work:Environmental Cleanup Project Description Type of Work Description:Environmental Cleanup - Linear Radial Gross Solid Removal Device (GSRD) This project is for the maintenance of the Trash Screens as in-kind services as part of the OCTA grant funding received for the procurement and installation of the trash screens. Limits City-Wide Project Notes FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2023 General Fund $0 $0 $0 $8,648 $8,648 $8,648 2024 General Fund $0 $0 $0 $8,648 $8,648 $8,648 2025 General Fund $0 $0 $0 $8,648 $8,648 $8,648 Totals:$0 $0 $0 $25,944 $25,944 $25,944 Last Revised: 22-00 - Submitted Total Programmed: $25,944 TIP ID CP-11120 IMPLEMENTING AGENCY San Juan Capistrano, City of Local Project Number: 11-SJCP-ECP-3591 Project Title Additional Project IDs:City of San Juan Capistrano Trash Removal 2 Type of Work:Environmental Cleanup Project Description Type of Work Description:Environmental Cleanup - Linear Radial Gross Solid Removal Device (GSRD) This project is for the maintenance of the Trash Screens as in-kind services as part of the OCTA grant funding received for the procurement and installation of the trash screens. Limits City-Wide Project Notes FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2023 General Fund $0 $0 $0 $6,891 $6,891 $6,891 2024 General Fund $0 $0 $0 $6,891 $6,891 $6,891 2025 General Fund $0 $0 $0 $6,891 $6,891 $6,891 Totals:$0 $0 $0 $20,673 $20,673 $20,673 Last Revised: 22-00 - Submitted Total Programmed: $20,673 TIP ID CP-11837 IMPLEMENTING AGENCY San Juan Capistrano, City of Local Project Number:Project Title Additional Project IDs:LOCAL STREETS (ZONES 1, 2, 4, 5) PAVEMENT REHABILITATION PROJECT Type of Work:Road Maintenance Project Description Type of Work Description:Road Maintenance - Rehabilitation of roadway Project scope includes pavement rehabilitation of local streets including construction of ADA compliant curb ramps, repair and reconstruction of damaged curbs and gutters, striping and signage. Limits Local Streets within Zones 1, 2, 4, 5 Project Notes Agency Contribution - Find 10 - System Development FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2023 Local Streets and Roads apportionments $0 $0 $840,000 $0 $840,000 $865,200 2023 Agency Contribution $0 $0 $1,404,708 $0 $1,404,708 $1,446,849 2023 Gas Tax $0 $0 $1,993,379 $0 $1,993,379 $2,053,180 2023 Measure M2 Local Fairshare $0 $0 $1,656,400 $0 $1,656,400 $1,706,092 2023 General Fund $625,000 $0 $6,116,752 $0 $6,741,752 $6,925,255 Totals:$625,000 $0 $12,011,239 $0 $12,636,239 $12,996,576 Last Revised: 22-00 - Submitted Total Programmed: $12,636,239 ATTACHMENT 3 - Page 3 of 6 TIP ID CP-11291 IMPLEMENTING AGENCY San Juan Capistrano, City of Local Project Number:Project Title Additional Project IDs:New Traffic Signal at Rancho Viejo Rd. at Highland Drive Type of Work:Traffic Signals Project Description Type of Work Description:Traffic Signals - Install new traffic signals and equipment Installation of a new traffic signal at the intersection of Rancho Viejo Rd and Highland Drive due to demand. Limits Rancho Viejo Rd. at Highland Drive Project Notes FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2029 General Fund $36,000 $0 $44,000 $0 $80,000 $90,114 Totals:$36,000 $0 $44,000 $0 $80,000 $90,114 Last Revised: 22-00 - Submitted Total Programmed: $80,000 TIP ID CP-11288 IMPLEMENTING AGENCY San Juan Capistrano, City of Local Project Number: 20-SJCP-ACE-3967 Project Title Additional Project IDs:Ortega Highway Improvements Project Type of Work:Road Widening Project Description Type of Work Description:Road Widening - Add 2 lanes to existing roadway in project limits Ortega Highway is planned to be widened to four lanes, two in each direction, between Calle Entradero and the easterly City limit. The widening project includes sidewalks, bike lanes, streetlights, sound walls, retaining walls, drainage facilities, Limits Calle Entradero to the City's Eastern limit Project Notes The project is managed by Caltrans as the lead agency and the funds will pass through from the City of San Juan Capistrano to the state for the engineering design. Expected design phase contract award date: 06/30/2021. Construction is estimated to cost between $60 and $70 million dollars. This project has been fully funded in FY 2021-22 FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2023 Arterial Capacity Enhancements (ACE)$0 $0 $0 $0 $0 $0 2024 Developer $0 $0 $0 $0 $0 $0 Totals:$0 $0 $0 $0 $0 $0 Last Revised: 22-00 - Submitted Total Programmed: $0 TIP ID CP-11801 IMPLEMENTING AGENCY San Juan Capistrano, City of Local Project Number: N/A Project Title Additional Project IDs:Senior Mobility Program Type of Work:Transit Project Description Type of Work Description:Transit - Other Transportation service for eligible seniors to destinations such as the Community Center, physician appointments, and grocery shopping within City limits. Limits Citywide routes Project Notes M2 SMP FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2023 Senior Mobility Program (SMP)$0 $0 $0 $14,000 $14,000 $14,000 2023 Other $0 $0 $0 $106,000 $106,000 $106,000 2024 Senior Mobility Program (SMP)$0 $0 $0 $14,000 $14,000 $14,000 2025 Other $0 $0 $0 $53,000 $53,000 $53,000 2025 Senior Mobility Program (SMP)$0 $0 $0 $14,000 $14,000 $14,000 2026 Senior Mobility Program (SMP)$0 $0 $0 $14,000 $14,000 $14,000 2026 Other $0 $0 $0 $53,000 $53,000 $53,000 2027 Other $0 $0 $0 $53,000 $53,000 $53,000 2027 Senior Mobility Program (SMP)$0 $0 $0 $14,000 $14,000 $14,000 2028 Senior Mobility Program (SMP)$0 $0 $0 $14,000 $14,000 $14,000 2028 Other $0 $0 $0 $53,000 $53,000 $53,000 Totals:$0 $0 $0 $402,000 $402,000 $402,000 Last Revised: 22-00 - Submitted Total Programmed: $402,000 ATTACHMENT 3 - Page 4 of 6 TIP ID CP-11802 IMPLEMENTING AGENCY San Juan Capistrano, City of Local Project Number: 18-SJCP-CBT-3915 Project Title Additional Project IDs:Special Event and Weekend Summer Trolley Service Type of Work:Transit Project Description Type of Work Description:Transit - Other M2 Project V- Community-Based Transit/Circulators Program. Operates during the City’s peak period of demand, for 13 consecutive weekends beginning in early June through the Labor Day holiday. Also a year-round Special Event trolley/shuttle service. Limits Within the City of San Juan Capistrano Project Notes FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2023 PROJECT V - Community Circulators $0 $0 $61,812 $145,711 $207,523 $209,377 2023 Other $0 $0 $6,868 $16,190 $23,058 $23,264 Totals:$0 $0 $68,680 $161,901 $230,581 $232,641 Last Revised: 22-00 - Submitted Total Programmed: $230,581 TIP ID CP-11290 IMPLEMENTING AGENCY San Juan Capistrano, City of Local Project Number:Project Title Additional Project IDs:Speed Advisory Sign Type of Work:Safety Project Description Type of Work Description:Safety - Traffic calming such as bulbout, chokers, speed hump, etc. New speed advisory signs due to speeding on Calle Arroyo just west of Rancho Viejo Road. Solar-powered signs would be installed in both directions that display the speed of the approaching vehicles and would flash if the speed exceeds the posted Limits Calle Arroyo West of Racho Viejo Road Project Notes Other - System Developement- Fund 10 FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2029 Other $3,000 $0 $19,000 $0 $22,000 $26,368 Totals:$3,000 $0 $19,000 $0 $22,000 $26,368 Last Revised: 22-00 - Submitted Total Programmed: $22,000 TIP ID CP-11836 IMPLEMENTING AGENCY San Juan Capistrano, City of Local Project Number: CIP 23101 Project Title Additional Project IDs:Stonehill Drive Widening Project Type of Work:Road Widening Project Description Type of Work Description:Road Widening - Add 1 lane to existing roadway in project limits This project will widen Stonehill Drive in the City of Dana Point to create a third east bound lane between Del Obispo Street and Camino Capistrano. The City of San Juan Capistrano share of the cost of the project is $400,000. Limits Del Obispo Street to Camino Capistrano Project Notes Other - Fund 54 Public Benefit Contribution Fund FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2023 Other $0 $0 $400,000 $0 $400,000 $412,000 Totals:$0 $0 $400,000 $0 $400,000 $412,000 Last Revised: 22-00 - Submitted Total Programmed: $400,000 TIP ID CP-11852 IMPLEMENTING AGENCY San Juan Capistrano, City of Local Project Number:Project Title Additional Project IDs:TRABUCO CREEK RD. AND CALLE PERFECTO PAVEMENT REHABILITATION PROJECT - CIP XXXXX Type of Work:Road Maintenance Project Description Type of Work Description:Road Maintenance - Rehabilitation of roadway Pavement rehabilitation, construction of ADA compliant curb ramps, repair and reconstruction of damaged curbs and gutters and roadway striping. Limits Entire length of Trabuco Creek Road and Calle Perfecto. Project Notes FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2029 Gas Tax $250,000 $0 $593,000 $0 $843,000 $979,315 2029 Measure M2 Local Fairshare $0 $0 $940,000 $0 $940,000 $1,156,081 2029 Local Streets and Roads apportionments $0 $0 $927,000 $0 $927,000 $1,140,093 2029 General Fund $0 $0 $128,000 $0 $128,000 $157,424 2029 Developer $0 $0 $162,000 $0 $162,000 $199,240 Totals:$250,000 $0 $2,750,000 $0 $3,000,000 $3,632,153 Last Revised: 22-00 - Submitted Total Programmed: $3,000,000 ATTACHMENT 3 - Page 5 of 6 TIP ID CP-11292 IMPLEMENTING AGENCY San Juan Capistrano, City of Local Project Number:Project Title Additional Project IDs:Traffic Signal Synchronization Program Type of Work:Traffic Signals Project Description Type of Work Description:Traffic Signals - Interconnect traffic signals to improve coordination and communications This project will install fiber optics to better synchronize the traffic signals and provides a new monitoring system to adjust traffic signals remotely and record data such as speed and volume. Limits Del Obispo Street between the I-5 freeway and Alipaz Street Project Notes Other - Streets and Highway Project Grants FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2024 Other $38,000 $0 $362,000 $0 $400,000 $422,046 2024 General Fund $9,500 $0 $90,500 $0 $100,000 $105,511 Totals:$47,500 $0 $452,500 $0 $500,000 $527,557 Last Revised: 22-00 - Submitted Total Programmed: $500,000 ATTACHMENT 3 - Page 6 of 6 RESOLUTION NO. 22-06-07-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING ITS ARTICLE XIIIB APPROPRIATIONS LIMITATION (GANN LIMITATION) FOR FISCAL YEAR 2022-23 WHEREAS, the voters of California on November 6, 1979, added Article XIIIB to the State Constitution placing various limitations on the appropriations of the State and local governments; and, WHEREAS, Article XIIIB provides that the appropriations limitation for Fiscal Year 2022-23 is calculated by adjusting the base year appropriations of Fiscal Year 1978- 79, with changes in California per capita personal income or non-residential assessed valuation and changes in City or County populations, and the recalculations of the appropriations limitation from the 1986-87 fiscal year as stipulated by Proposition 111; and, WHEREAS, the information regarding the change in non-residential assessed valuation due to new construction from the County of Orange is not available until after the establishment of the Fiscal Year 2022-23 appropriations limitation and the City reserves the right to adjust its Fiscal Year 2022-23 limitation as information regarding the change in non-residential assessed valuation due to new construction is made available by the County of Orange; and, WHEREAS, the information necessary for making these adjustments is attached as Exhibit A; and, WHEREAS, the City of San Juan Capistrano has complied with all the provisions of Article XIIIB and amendments thereto per Proposition 111 in determining the appropriations limitation for Fiscal Year 2022-23. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby: 1. Set the appropriations limitation for Fiscal Year 2022-23 at $94,825,002 as shown in attached Exhibit A. 2. Determine that the amount of the appropriations of the City of San Juan Capistrano for Fiscal Year 2022-23 that are subject to the limitation are $34,771,623; and, 3. Declare that the appropriations of the City of San Juan Capistrano for Fiscal Year 2022-23 that are subject to the limitation do not exceed the limitation. ATTACHMENT 4 - Page 1 of 2 PASSED, APPROVED, AND ADOPTED this 7th day of June 2022. DEREK REEVE, MAYOR ATTEST: MARIA MORRIS, CITY CLERK ATTACHMENT 4 - Page 2 of 2 EXHIBIT A 2022-23 APPROPRIATION LIMITATION CALCULATION 2022-23 APPROPRIATIONS LIMITATION: 2021-22 Limitation $88,373,720 x Annual adjustment factors: Population increase (for County) -0.23% 0.9977 Inflation charges (California personal income) 7.55% x 1.0755 Combining adjustment factors 1.0730 2022-23 Limitation $94,825,002 APPROPRIATIONS SUBJECT TO LIMITATION AND APPROPRIATIONS MARGIN: Budget appropriation 2022-23 $41,351,139 Less exclusions: Non-proceeds of taxes (15,908,959) Qualified debt service (1,870,100) Qualified capital outlay (1,500,000) Total exclusions (19,279,059) Add change in fund balances 12,699,543 Total appropriations subject to limitation $34,771,623 Appropriations margin $60,053,379 EXHIBIT A RESOLUTION NO. 22-06-07-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA ESTABLISHING THE PROPERTY TAX RATE FOR VOTER-APPROVED BONDED INDEBTEDNESS (OPEN SPACE MEASURE Y) FOR FISCAL YEAR 2022-23 WHEREAS, in the election of November 4, 2008, the voters of the City of San Juan Capistrano approved bonded indebtedness and authorized the City Council of the City of San Juan Capistrano to establish the rate of property tax required to generate an amount of revenue from the tax base to provide sufficient moneys to pay debt service on the voter-approved bonded indebtedness payable during the fiscal year ending June 30, 2023; and, WHEREAS, the total net taxable secured assessed valuation of the City of San Juan Capistrano is estimated to be $9,614,388,781; and, WHEREAS, the total amount of revenue necessary to provide sufficient funds to pay debt service for the fiscal year ending June 30, 2023, is estimated to be $1,842,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Juan Capistrano does hereby: SECTION 1: Set the property tax rate within the City for the City of San Juan Capistrano 2017 Taxable General Obligation Refunding Bonds (Open Space Measure Y) for the fiscal year ending June 30, 2023, at $0.01916 per $100 assessed value. SECTION 2: Authorize and direct the City Manager and the City Treasurer to take any and all actions necessary to ensure that the Auditor-Controller of the County of Orange, California makes this levy and causes to be collected the amounts requested in Section 1 hereof at the time and in the manner of levying other County taxes. These amounts shall be reported separately as remittances are made to the City. SECTION 3: The City Clerk is hereby directed to furnish the Office of the Auditor-Controller, County of Orange, Attn: Yani Painter, Property Tax Section, P.O. Box 567, Santa Ana, CA 92702-0567. ATTACHMENT 5 - Page 1 of 2 PASSED, APPROVED AND ADOPTED this 7th day of June 2022. DEREK REEVE, MAYOR ATTEST: ________________________________________ MARIA MORRIS, CITY CLERK ATTACHMENT 5 - Page 2 of 2 Page 1 of 23 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 29 30 31 32 FIVE–YEAR AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND THE COUNTY OF ORANGE THIS AGREEMENT, entered into this First day of May 2020, 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.” WITNESSETH: WHEREAS, CITY wishes to contract with COUNTY for law enforcement services; and WHEREAS, COUNTY is agreeable to the rendering of such services, as authorized in Government Code Sections 51301 and 55632, on the terms and conditions hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: // // // // // // // // // // ATTACHMENT 6 - Page 1 of 34 ATTACHMENT 6 - Page 2 of 34 Page 3 of 23 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 29 30 31 32 A. TERM: The term of this Agreement shall be for five (5) years, commencing July 1, 2020 and terminating June 30, 2025, unless earlier terminated by either party in the manner set forth herein. B. OPTIONAL TERMINATION: COUNTY or CITY may terminate this Agreement, without cause, upon one - hundred and eighty (180) days written notice to the other party. C. REGULAR SERVICES BY COUNTY: 1. COUNTY, through its Sheriff-Coroner and deputies, officers and employees, hereinafter referred to as “SHERIFF,” shall render to CITY law enforcement services as hereinafter provided. Suc h services shall include the enforcement of lawful State statutes and lawful municipal ordinances of CITY other than licensing ordinances. 2. The night, day and evening patrol and supervisory shifts will be established by SHERIFF. Personnel of each shift may work varying and different times and may be deployed to other shifts when, in the opinion of SHERIFF and CITY Manager, the need arises. Any long-term shift deployment change will be reported to the City Council. 3. Each fiscal year, COUNTY shall submit to CITY, in writing, a recommended level of service for the following fiscal year. CITY shall remit to COUNTY, in writing, its response to the recommended level of service. If the parties are unable to agree by June 30 of any fiscal year on the level of serv ice to be provided by COUNTY to CITY or on the amount to be paid by CITY for services to be provided by COUNTY for the following fiscal year, this Agreement will terminate as of September 30 of the following fiscal year. If the parties do not agree by Jun e 30 on the level of service and cost of service for the following fiscal year, between July 1 and September 30 of the following fiscal year, COUNTY will provide the level of service provided ATTACHMENT 6 - Page 3 of 34 Page 4 of 23 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 29 30 31 32 C. REGULAR SERVICES BY COUNTY: (Continued) in the preceding fiscal year, and CITY shall be obligated to pay the costs of such services. The full cost of such services may exceed the cost of similar services provided in the prior fiscal year. 4. The level of service, other than for licensing, to be provided by the COUNTY for the period July 1, 2020 through June 30, 2021, is set forth in Attachment A and incorporated herein by this reference. 5. For any service listed in Attachment A of this Agreement that is provided to CITY at less than 100% of a full-time SHERIFF position, COUNTY retains the option to terminate such service in the event the other city or cities which contract(s) for the balance of the time of the employee providing the service no longer pay(s) for such service and CITY does not request the Agreement be amended to pay 100% of the cost of the employee providing such service. The Maximum Obligation of CITY set forth in Subsection G -2 will be adjusted accordingly. 6. All services contracted for in this Agreement may not be operational on the precise date specified in this Agreement. In those instances, SHERIFF shall notify CITY Manager of the date or dates such service or services are to be implemented. SHERIFF shall reduce the monthly charges to CITY, based on the actual date of implementation of the service or s ervices. Charges shall be reduced on the next monthly billing tendered in accordance with Subsection G-5 of this Agreement. 7. During emergencies, such as a mutual aid situation, SHERIFF will attempt to leave in CITY the Lieutenant in charge of CITY Police S ervices. If SHERIFF determines that the Lieutenant is needed elsewhere, SHERIFF will notify CITY’s Manager within four (4) hours. SHERIFF will return the Lieutenant to CITY as soon as possible once the emergency situation is under control. ATTACHMENT 6 - Page 4 of 34 Page 5 of 23 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 29 30 31 32 C. REGULAR SERVICES BY COUNTY: (Continued) 8. With respect to the licensing ordinances of CITY listed in Attachment B hereto, which is incorporated herein by this reference, SHERIFF shall receive applications for CITY licenses pursuant to said ordinances and complete investigations relating to such applications. Said investigations shall be forwarded to CITY Manager. COUNTY shall not provide any advisory, administrative, hearing or litigation attorney support or services related to licensing. COUNTY shall not provide any administrative or investigatory services related to the licensing ordinances listed in Attachment B, hereto, except the investigations relating to initial applications for which this subsection provides. 9. COUNTY or CITY, upon thirty (30) days notice and mutual written agreement, shall increase or decrease the service levels provided herein, and the obligation of CITY to pay for services shall be concomitantly adjusted. 10. With the limitations set forth below, SHERIFF, on behalf of COUNTY, and CITY Manager, on behalf of CITY, are authorized to execute written amendments to this Agreement to increase or decrease the level of service set forth in Attachment A, when SHERIFF and CITY Manager mutually agree that such increase or decrease in the level of service is ap propriate. Any such amendment to the Agreement shall concomitantly increase or decrease the cost of services payable by CITY set forth in Attachment C and incorporated herein by this reference, and the Maximum Obligation of CITY set forth in Subsection G-2, in accordance with the current year’s COUNTY law enforcement cost study. SHERIFF and CITY Manager shall file copies of any such amendments to this Agreement with the Clerk of COUNTY’s Board of Supervisors and CITY’s Clerk. Amendments to this Agreement executed by SHERIFF and CITY Manager may not, in the aggregate, ATTACHMENT 6 - Page 5 of 34 Page 6 of 23 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 29 30 31 32 C. REGULAR SERVICES BY COUNTY: (Continued) increase or decrease the cost of services payable by CITY by more than one percent (1%) of the total cost originally set forth in Attachment C and the Maximum Obligation originally set forth in Subsection G-2 for FY 2020-21. Prior approval by COUNTY’s Board of Supervisors and CITY’s Council is required before execution of any amendment that brings the aggregate total of changes in costs payable by CITY to more than one percent (1%) of the total cost originally set forth in Attachment C and the Maximum Obligation originally set forth in Subsection G-2 of this Agreement for FY 2020-21. D. ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY: 1. Enhanced services for events on CITY property. At the request of CITY, through its City Manager, SHERIFF may provide enhanced law enforcement services for functions, such as community events, conducted on property that is owned, leased or operated by CITY. SHERIFF shall determi ne personnel and equipment needed for such enhanced services. To the extent the services provided at such events are at a level greater than that specified in Attachment C of this Agreement, CITY shall reimburse COUNTY for such additional services, at an amount computed by SHERIFF, based on the current year's COUNTY law enforcement cost study. The cost of these enhanced services shall be in addition to the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement. SHERIFF shall bill CITY immediately after each such event. 2. Supplemental services for occasional events operated by private individuals and entities on non-CITY property. At the request of CITY, through its City Manager, and within the limitations set forth in this subsection D -2, SHERIFF may provide supplemental law enforcement services to preserve the peace at special events or occurrences that occur on an occasional basis and are operated by private individuals or private ATTACHMENT 6 - Page 6 of 34 Page 7 of 23 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 29 30 31 32 D. ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY: (Continued) entities on non-CITY property. SHERIFF shall determine personnel and equipment needed for such supplemental services, and will provide such supplemental services only if SHERIFF is able to do so without reducing the normal and regular ongoing services that SHERIFF otherwise would provide to CITY pursuant to this Agreement. Such supplemental services shall be provided only by regularly appointed full-time peace officers, at rates of pay governed by a Memorandum of Understanding between COUNTY and the bargaining unit(s) representing the peace officers providing the services. Such supplemental services shall include only law enforcement duties and shall not include services authorized to be provided by a private patrol operator, as defined in Section 7582.1 of the Business and Professions Code. Law enforcement support functions, including, but not limited to, clerical functions and forensic science services, may be performed by non -peace officer personnel if the services do not involve patrol or keeping the peace and are incidental to the provision of law enforcement services. CITY shall reimburse COUNTY its full, actual costs of providing such supplemental services at an amount computed by SHERIFF, based on the current year's COUNTY law enforcement cost study. The cost of these supplemental services shall be in addition to the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement. SHERIFF shall bill CITY immediately after each such event. 3. Supplemental services for events operated by p ublic entities on non-CITY property. At the request of CITY, through its City Manager, and within the limitations set forth in this subsection D-3, SHERIFF may provide supplemental law enforcement services to preserve the peace at special events or occurrences that occur on an occasional basis and are operated ATTACHMENT 6 - Page 7 of 34 Page 8 of 23 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 29 30 31 32 D. ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY: (Continued) by public entities on non-CITY property. SHERIFF shall determine personnel and equipment needed for such supplemental services, and will provide such supplemental services only if SHERIFF is able to do so without reducing services that SHERIFF otherwise would provide to CITY pursuant to this Agreement. CITY shall reimburse COUNTY its full, actual costs of providing such supplemental service s at an amount computed by SHERIFF, based on the current year's COUNTY law enforcement cost study. The cost of these supplemental services shall be in addition to the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement. SHERIFF shall bill CITY immediately after each such event. 4. Notwithstanding the foregoing, CITY, through its permit process, may utilize the services of SHERIFF at events, for which CITY issues permits, that are operated by private individuals or entities or public entit ies. SHERIFF shall determine personnel and equipment needed for said events. If said events are in addition to the level of services listed in Attachment C of this Agreement, CITY shall reimburse COUNTY for such additional services at an amount computed by SHERIFF, based upon the current year’s COUNTY law enforcement cost study. The cost of these services shall be in addition to the Maximum Obligation of CITY set forth in Subsection G -2 of this Agreement. SHERIFF shall bill CITY immediately after said services are rendered. 5. In accordance with Government Code 51350, COUNTY has adopted Board Resolution 89-1160 which identifies Countywide services, including but not limited to helicopter response. SHERIFF through this contract provides enhanced helicopter response services. The cost of enhanced helicopter response services is included in the cost of services set forth in Attachment A and in the Maximum Obligation of CITY set forth in Subsection G-2. ATTACHMENT 6 - Page 8 of 34 Page 9 of 23 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 29 30 31 32 D. ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY: (Continued) COUNTY shall not charge any additional amounts for enhanced helicopter services after the cost of services set forth in Attachment A and in the Maximum Obligation set forth in Subsection G -2 has been established in any fiscal year without written notification to the CITY. E. PATROL VIDEO SYSTEMS: 1. As part of the law enforcement services provided to CITY, COUNTY has provided, or will provide patrol video systems (hereinafter called “PVS”) that will be mounted in the patrol vehicles designated by COUNTY f or use within CITY service area. 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. The costs to be paid by CITY for recurring costs, including maintenance and replacement/upgrade of PVS, are included in the costs set forth in Attachment C and the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement unless CITY has already paid such costs. CITY shall not be charged additional amounts for maintenance or replacement/upgrade of said PVS during the period July 1, 20 20 through June 30, 2021. 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 ATTACHMENT 6 - Page 9 of 34 Page 10 of 23 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 29 30 31 32 E. PATROL VIDEO SYSTEMS: (Continued) 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 Attachment A and the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement. 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 after the cost of PVS set forth in Attachment C and in Maximum Obligation set forth in G-2 has been established in any fiscal year without written notification to the CITY. F. LICENSING SERVICES BY CITY: Upon receipt from SHERIFF of investigations of applications for licenses referred to in Subsection C-8 of this Agreement, CITY Manager shall determine whether to grant or deny the licenses and will issue the licenses or notify the applicants of denial. CITY shall provide all attorney services related to the granting, denial, revocation and administration of said licenses and the enforcement of CITY ordinances pertaining to said licenses. G. PAYMENT: 1. Pursuant to Government Code Section 51350, CITY agrees to pay to COUNTY the full costs of performing the services mutually agreed upon in this Agreement. The cost of services includes salaries, wages, benefits, mileage, services, supplies, equipment, and divisional, departmental and COUNTY General overhead. ATTACHMENT 6 - Page 10 of 34 Page 11 of 23 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 29 30 31 32 G. PAYMENT: (Continued) 2. Unless the level of service as set forth in Attachment C, is increased or decreased by mutual agreement of the parties, or CITY is required to pay for increases as set forth in Subsection G-3, the Maximum Obligation of CITY for services set forth in Attachment C of this Agreement, other than Licensing Services, to be provided by the COUNTY for the period July 1, 2020 through June 30, 2021 shall be $10,816,378, as set forth in Attachment A. The overtime costs included in the Agreement are only an estimate. COUNTY shall notify CITY of actual overtime worked during each fiscal year. If actual overtime worked is above or below budgeted amounts, billings will be adjusted accordingly at the end of the fiscal year. Actual overtime costs may exceed CITY’s Maximum Obligation. 3a. At the time this Agreement is executed, there may be unresolved issues pertaining to potential changes in salaries and benefits for COUNTY employees. The costs of such potential changes are not included in the FY 2020-21 cost set forth in Attachment C nor in the FY 2020-21 Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement. If the changes result in the COUNTY incurring or becoming obligated to pay for increased cost for or on account of personnel whose costs are included in the calculations of costs charged to CITY hereunder, CITY shall pay COUNTY, in addition to the Maximum Obligation set forth in Subsection G -2 of this Agreement, the full costs of said increases to the extent such increases to the extent such increases are attributable to work performed by such personnel during the period July 1, 2020 through June 30, 2021, 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, 2020 and June 30, 2021 remaining after COUNTY notifies CITY that increases are payable. ATTACHMENT 6 - Page 11 of 34 Page 12 of 23 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 29 30 31 32 G. PAYMENT: (Continued) If the changes result in the COUNTY incurring or becoming obligated to pay for decreased costs for or on account of personnel whose costs are included in the calculations of costs charged to CITY hereunder, COUNTY shall reduce the amount owed by the CITY to the extent such decreases are attributable to work performed by such personnel during the period July 1, 2020 through June 30, 2021, and CITY’s Maximum Obligation hereunder shall be deemed to have decreased accordingly. COUNTY shall reduce required payment by CITY in full for such decreases on a pro -rata basis over the portion of the period between July 1, 20 20 and June 30, 2021 remaining after COUNTY notifies CITY that the Maximum Obligation has decreased. 3b. If CITY is required to pay for increases as set forth in Subsection G-3a above, COUNTY, at the request of CITY, will thereafter reduce the level of service to be provided to CITY as set forth in Attachment C of this Agreement to a level that will make the Maximum Obligation of CITY hereunder for the period July 1, 2020 through June 30, 2021 an amount specified by CITY that is equivalent to or higher than the Maxi mum Obligation set forth in Subsection G-2 for said period at the time this Agreement originally was executed. The purpose of such adjustment of service levels will be to give CITY the option of keeping its Maximum Obligation hereunder at the pre-increase level or at any other higher or lower level specified by CITY. In the event of such reduction in level of service and adjustment of costs, the parties shall execute an amendment to this Agreement so providing. Decisions about how to reduce the level of service provided to CITY shall be made by SHERIFF with the approval of CITY. // ATTACHMENT 6 - Page 12 of 34 Page 13 of 23 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 29 30 31 32 G. PAYMENT: (Continued) 4. The Maximum Obligation of CITY for services provided for the 12 -month periods commencing July 1, 2021, 2022, 2023 and 2024, will be determined annually by COUNTY and approved by CITY. 5. COUNTY shall invoice CITY monthly, one-twelfth (1/12) of the Maximum Obligation of CITY. If a determination is made that increases described in Subsection G-2 must be paid, COUNTY thereafter shall include the pro -rata charges for such increases in its monthly invoices to CITY for the balance of the period between July 1, 20 20 and June 30, 2021. 6. CITY shall pay COUNTY in accordance with COUNTY Board of Supervisors’ approved County Billing Policy, which is attached hereto as Attachment D, and incorporated herein by this reference. 7. COUNTY shall charge CITY late payment penalties in accordance with County Billing Policy. 8. As payment for the Licensing Services described in Subsection C -8 of this Agreement, COUNTY shall retain all fees paid by applicants for licenses, pursuant to CITY ordinances listed in Attachment B hereto. Retention of said fees by COUNTY shall constitute payment in full to COUNTY for costs incurred by COUNTY in performing the functions related to licensing described in Subsection C-8; provided, however, that if any of said fees are waived or reduced by CITY, CITY shall pay to COUNTY the difference between the amount of fees retained by COUNTY and the fees that were set forth in the ordinances listed in Attachment B as of July 1, 2020. Should CITY increase the fee schedule for the licensing ordinances set forth in Attachment B, either party shall have the right to seek amendment of this Agreement with respect to the division of the increased fees between CITY and COUNTY. // ATTACHMENT 6 - Page 13 of 34 Page 14 of 23 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 29 30 31 32 G. PAYMENT: (Continued) 9. Fees generated or collected by SHERIFF contract personnel for copying of documents related to the services provided in this Agreement will be at COUNTY-established rates and will be credited to CITY on an annual basis. 10. Narcotic asset forfeitures will be handled pursuant to Attachment E hereto, which is incorporated herein by this reference. H. NOTICES: 1. Except for the notices provided for in Subsection 2 of this Section, all notices authorized or required by this Agreemen t shall be effective when written and deposited in the United States mail, first class postage prepaid and addressed as follows: CITY: ATTN: CITY MANAGER 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 COUNTY: ATTN: CONTRACT MANAGER SHERIFF-CORONER DEPARTMENT 320 NORTH FLOWER STREET, SUITE 108 SANTA ANA, CA 92703 2. Termination notices shall be effective when written and deposited in the United States mail, certified, return receipt requested and addressed as above. I. STATUS OF COUNTY: COUNTY is, and shall at all times be deemed to be, an independent contractor. Nothing herein contained shall be construed as creating the relationship of employer and employee, or principal and agent, between CITY and COUNTY or any of COUNTY’s agents or employees. COUNTY and its SHERIFF shall retain all authority for rendition of services, standards of performance, control of personnel, and other matters incident to the performance of services by ATTACHMENT 6 - Page 14 of 34 Page 15 of 23 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 29 30 31 32 I. STATUS OF COUNTY: (Continued) COUNTY pursuant to this Agreement. COUNTY, its agents and employees, shall not be entitled to any rights or privileges of CITY employees and shall not be considered in any manner to be CITY employees. J. STATE AUDIT: Pursuant to Government Code Section 8546.7, CITY and COUNTY shall be subject to examination and audit by the State Auditor for a period of three (3) years after final payment by CITY to COUNTY under this Agreement. CITY and COUNTY shall retain all records relating to the performance of this Agreement for said three-year period, except that records pertaining to any audit then in progress, or any claim or litigation shall be retained beyond said three-year period until final resolution of said audit, claim or litigation. K. ALTERATION OF TERMS: This Agreement fully expresses all understanding of CITY and COUNTY with respect to the subject matter of this Agreement, and shall constitute the total Agreement between the parties for these purposes. No addition to, or alteration of, the terms of this Agreement shall be valid unless made in writing, formally approved and executed by duly authorized agents of both parties. L. INDEMNIFICATION: 1. COUNTY, its officers, agents, employees, subcontractors and independent contractors shall not be deemed to have assumed any liability f or the negligence or any other act or omission of CITY or any of its officers, agents, employees, subcontractors or independent contractors, or for any dangerous or defective condition of any public street or work or property of CITY, or for any illegality or unconstitutionality of CITY’s municipal ordinances. CITY shall indemnify and hold harmless COUNTY and its elected and appointed officials, officers, agents, employees, subcontractors and independent contractors from any claim, demand or liability what soever based or asserted ATTACHMENT 6 - Page 15 of 34 Page 16 of 23 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 29 30 31 32 L. INDEMNIFICATION: (Continued) upon the condition of any public street or work property of CITY, or upon the illegality or unconstitutionality of any municipal ordinance of CITY that SHERIFF has enforced, or upon any act or omiss ion of CITY, or its elected and appointed officials, officers, agents, employees, subcontractors or independent contractors related to this Agreement, including, but not limited to, any act or omission related to the maintenance or condition of any vehicle or motorcycle that is owned or possessed by CITY and used by COUNTY personnel in the performance of this Agreement, for property damage, bodily injury or death or any other element of damage of any kind or nature, and CITY shall defend, at its expense including attorney fees, and with counsel approved in writing by COUNTY, COUNTY and its elected and appointed officials, officers, agents, employees, subcontractors and independent contractors in any legal action or claim of any kind based or asserted upon such condition of public street or work or property, or illegality or unconstitutionality of a municipal ordinance, or alleged acts or omissions. If judgment is entered against CITY and COUNTY by a court of competent jurisdiction because of the concurrent a ctive negligence of either party, CITY and COUNTY agree that liability will be apportioned as determined by the court. Neither party shall request a jury apportionment. 2. COUNTY shall indemnify and hold harmless CITY and its elected and appointed officials, officers, agents, employees, subcontractors and independent contractors from any claim, demand or liability whatsoever based or asserted upon any act or omission of COUNTY or its elected and appointed officials, officers, agents, employees, subcontractors or independent contractors related to this Agreement, for property damage, bodily injury or death or any other element of damage of any kind or nature, and COUNTY shall defend, at its expense, including attorney fees, and with ATTACHMENT 6 - Page 16 of 34 Page 17 of 23 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 29 30 31 32 L. INDEMNIFICATION: (Continued) counsel approved in writing by CITY, CITY and its elected and appointed officials, officers, agents, employees, subcontractors and independent contractors in any legal action or claim of any kind based or asserted upon such alleged acts or omissions. M. TRAFFIC VIOLATOR APPREHENSION PROGRAM: 1. COUNTY has established a Traffic Violator Apprehension Program [“the Program”], which is operated by SHERIFF, and is designed to reduce vehicle accidents caused by unlicensed drivers and drivers whose licenses are suspended and to educate the public about the requirements of the Vehicle Code and related safety issues with regard to driver licensing, vehicle registration, vehicle operation, and vehicle parking. The Program operates throughout the unincorporated area s of the COUNTY and in the cities that contract with COUNTY for SHERIFF’s law enforcement services, without regard to jurisdictional boundaries, because an area -wide approach to reduction of traffic accidents and driver education is most effective in preventing traffic accidents. In order for CITY to participate in the Program, CITY has adopted a fee pursuant to Vehicle Code section 22850.5, in the amount and under the terms and conditions set forth in the TVAP resolution that is attached to this Agreement as Attachment F and incorporated into this Agreement by reference, and has directed that the revenue from such fee be used for the Program. CITY’s participation in the Program may be terminated at any time by rescission or amendment of the TVAP resolutio n that is attached to this Agreement as Attachment F. In the event CITY 1) amends said TVAP resolution, or rescinds said TVAP resolution and adopts a new TVAP resolution pertaining to the above -referenced fee and the Program, and 2) remains a participant in the Program thereafter, CITY’s Manager, on behalf of CITY, and SHERIFF, on behalf of COUNTY, have ATTACHMENT 6 - Page 17 of 34 Page 18 of 23 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 29 30 31 32 M. TRAFFIC VIOLATOR APPREHENSION PROGRAM: (Continued) authority to execute an amendment to this Agreement to substitute CITY’s amended or new TVAP resolution for Attachment F to the Agreement, as long as said amendment to this Agreement does not materially change any other provision of this Agreement. 2. COUNTY will make available for review, at the request of CITY, all financial data related to the Program as may be requested by CITY. 3. Fee revenue generated by COUNTY and participating cities will be used to fund the following positions, which will be assigned to the Program:  Ten one hundredths of one (0.10) Sergeant (8 hours per two-week pay period)  One (1) Staff Specialist (80 hours per two-week pay period)  One (1) Office Specialist (80 hours per two-week pay period) 4. Fee revenue generated by CITY may be used to reimburse CITY for expenditures for equipment and/or supplies directly in support of the Program. In order for an expenditure for equipment and/or supplies to be eligible for reimbursement, CITY shall submit a request for and obtain pre - approval of the expenditure by using the form as shown in Attachment G. The request shall be submitted within the budget schedule established by SHERIFF. SHERIFF shall approve the expenditure only if both of the following conditions are satisfied: 1) there are sufficient Program funds, attributable to revenue generated by CITY’s fee, to pay for the requested purchase, and 2) CITY will use the equipment and/or supplies, during their entire useful life, only for purposes authorized by its TVAP resolution in effect at the time of purchase. // ATTACHMENT 6 - Page 18 of 34 Page 19 of 23 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 29 30 31 32 M. TRAFFIC VIOLATOR APPREHENSION PROGRAM: (Continued) In the event that CITY terminates its participation in the Program, CITY agrees that the equipment purchased by CITY and reimbursed by Program funds will continue to be used, during the remainder of its useful life, exclusively for the purposes authorized by CITY’s TVAP resolution in effect at the time of purchase. In the event the fees adopted by COUNTY, CITY and other participating jurisdictions are not adequate to continue operation of the Program at the level at which it operated previously, COUNTY, at the option of CITY, will reduce the level of Program service to be provided to CITY or will continue to provide the existing level of Program services. COUNTY will charge CITY the cost of any Program operations that exceed the revenue generated by fees. Such charges shall be in addition to the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement. The amount of any revenue shortfall charged to CITY will be determined, at the time the revenue shortfall is experienced, according to CITY’s share of Program service s rendered. In the event of a reduction in level of Program service, termination of Program service or adjustment of costs, the parties shall execute an amendment to the Agreement so providing. Decisions about how to reduce the level of Program service p rovided to CITY shall be made by SHERIFF with the approval of CITY. N. MOBILE DATA COMPUTERS: 1. As part of the law enforcement services to be provided to CITY, COUNTY has provided, or will provide, mobile data computers (hereinafter called “MDCs”) that are or will be mounted in patrol vehicles and motorcycles, designated by COUNTY for use within CITY limits. 2. SHERIFF has the exclusive right to use said MDCs for law enforcement services related to this Agreement. ATTACHMENT 6 - Page 19 of 34 Page 20 of 23 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 29 30 31 32 N. MOBILE DATA COMPUTERS: (Continued) 3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition and installation of MDCs that are or will be mounted in patrol vehicles and motorcycles assigned to CITY, and b) recurring costs, as deemed necessary by COUNTY, including the costs of maintenance and contributions to a fund for replacement and upgrade of such MDCs when they become functionally or technologically obsolete. The costs to be paid by CITY for recurring costs, including maintenance and replacement/upgrade of MDCs, are included in the cos ts set forth in Attachment A and the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement unless CITY has already paid such costs. CITY shall not be charged additional amounts for maintenance or replacement/upgrade of said MDCs during the period July 1, 2020 through June 30, 2021. 4. If, following the initial acquisition of MDCs referenced above, CITY requires MDCs for additional patrol cars or motorcycles designated for use in the CITY, or for CITY’s Emergency Operations Center, COUNTY will purchase said additional MDCs. Upon demand by COUNTY, CITY will pay to COUNTY a) the full costs of acquisition and installation of said additional MDC’s, and b) the full recurring costs for said MDCs, as deemed necessary by COUNTY, including the costs of maintenance, and contributions to a fund for replacement and upgrade of such MDCs when they become functionally or technologically obsolete. Said costs related to additional MDCs are not included in, and are in addition to, the costs set forth in Attachment A and the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement. // // ATTACHMENT 6 - Page 20 of 34 Page 21 of 23 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 29 30 31 32 N. MOBILE DATA COMPUTERS: (Continued) 5. COUNTY will replace and/or upgrade MDCs as needed. The costs of replacing/upgrading MDCs 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 MDCs. O. E-CITATION UNITS: 1. As part of the law enforcement services to be provided to CITY, COUNTY has provided, or will provide, E-Citation units designated by COUNTY for use within CITY limits. 2. SHERIFF has the exclusive right to use said E-Citation units for law enforcement services related to this Agreement. 3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition of E-Citation units that are assigned to CITY, and b) recurring costs, as deemed necessary by COUNTY, including the costs of maintenance and contributions to a fund for replacement and upgrade of such E -Citation units when they become functionally or technologically obsolete. The costs to be paid by CITY for recurring costs, including maintenance and replacement/upgrade of E-Citation units, are included in the costs set forth in Attachment A and the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement unless CITY has already paid such costs. CITY shall not be charged additional amounts for maintenance or replacement/upgrade of said E-Citation units during the period July 1, 2020 through June 30, 2021. 4. If, following the initial acquisition of E-Citation units referenced above, CITY requires additional E-Citation units designated for use in CITY, COUNTY will purchase said additional E-Citation units. Upon demand by COUNTY, CITY will pay to COUNTY a) the full costs of acquisition of said additional ATTACHMENT 6 - Page 21 of 34 Page 22 of 23 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 29 30 31 32 O. E-CITATION UNITS: (Continued) E-Citation units, and b) the full recurring costs for said E -Citation units, as deemed necessary by COUNTY, including the costs of maintenance, and contributions to a fund for replacement and upgrade of such E-Citation units when they become functionally or technologically obsolete. Said costs related to additional E-Citation units are not included in, and are in addition to, the costs set forth in Attachment A and the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement. 5. COUNTY will replace and/or upgrade E-Citation units as needed. The costs of replacing/upgrading E-Citation units shall be paid by COUNTY from the replacement/upgrade funds to be paid by CITY in accordan ce with the foregoing. CITY shall not be charged any additional charge to replace or upgrade E-Citation units. // // // // // // // // // // // // // // // ATTACHMENT 6 - Page 22 of 34 ATTACHMENT 6 - Page 23 of 34 ATTACHMENT A LEVEL OF SERVICE PROVIDED BY SHERIFF: Title Detail Quantity Frequency MANAGEMENT: Lieutenant 1.00 SUPERVISION: Sergeant Patrol 4.00 each, 80 hrs./ per two wk. pay period Sergeant Administrative 1.00 80 hrs./ per two wk. pay period INVESTIGATION SERVICES: Investigator 2.00 each, 80 hrs./ per two wk. pay period PATROL AND TRAFFIC SERVICES*: Deputy Sheriff II -Patrol Patrol 15.00 each, 80 hrs./ per two wk. pay period Deputy Sheriff II -Motor Motorcycle 2.00 each, 80 hrs./ per two wk. pay period ADDITIONAL SERVICES*: Crime Prevention Specialist Crime Prevention 1.00 80 hrs./ per two wk. pay period Community Services Officer Parking Control 2.00 each, 80 hrs./ per two wk. pay period Deputy Sheriff II Community Support 1.00 80 hrs./ per two wk. pay period Deputy Sheriff II DET 1.00 80 hrs./ per two wk. pay period Cadet Extra Help 1,039 hours TOTAL 30.00 * Deployment to be determined by SHERIFF in cooperation with CITY Manager REGIONAL / SHARED STAFF: Title Regional Team Quantity % Allocation TRAFFIC: Sergeant Traffic 0.60 6.94% Deputy Sheriff II Traffic 4.00 6.94% Investigative Assistant Traffic 2.00 6.94% Office Specialist Traffic 1.00 6.94% AUTO THEFT: Sergeant Auto Theft 0.30 5.46% Investigator Auto Theft 2.00 5.46% Investigative Assistant Auto Theft 1.00 5.46% Office Specialist Auto Theft 1.00 5.46% DET: Sergeant DET 1.00 5.87% Investigator DET 1.00 5.87% SUBPOENA: Office Specialist Subpoena 1.00 6.75% COURTS: Investigative Assistant Courts 2.00 16.07% Office Specialist Courts 0.80 16.07% MOTORCYCLE (shared Supervision): Sergeant Motorcyle Supervision 1.00 7.14% TOTAL 18.70 "REGULAR SERVICES BY COUNTY" (Subsection C-4) CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY SHERIFF-CORONER FY 2020-21 LAW ENFORCEMENT CONTRACT Page 1 of 1 ATTACHMENT 6 - Page 24 of 34 05/11/20 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 29 30 31 32 ATTACHMENT B CITY OF SAN JUAN CAPISTRANO ORDINANCE NO. 785 (5-24.01 MC) ORDINANCE NO. 417 (5-18.02 MC) ORDINANCE NO.869 ( 9-3.503 MC) LICENSING DANCE INSTRUCTOR (NUDE) DANCE STUDIO (NUDE) ESCORT ESCORT BUREAU FIGURE MODEL (NUDE) FIGURE MODEL STUDIO (NUDE) GUN DEALER INTERLOCUTRIX (NUDE) INTRODUCTORY SERVICE JUNK COLLECTOR JUNK DEALER MASSAGE PARLOR (Includes FBI Fees) MASSAGIST (Includes FBI Fees) PEDDLER POOL ROOM PUBLIC DANCE RAP SESSION (NUDE) SECONDHAND DEALER (Pawnbroker) TAXICAB STAND ATTACHMENT 6 - Page 25 of 34 ATTACHMENT C COST OF SERVICES PROVIDED BY SHERIFF (Subsection G-2): Title Detail Quantity Cost of Service (each) Cost of Service Total MANAGEMENT: Lieutenant 1.00 411,853$ 411,853$ SUPERVISION: Sergeant Patrol 4.00 344,949$ 1,379,796$ Sergeant Administrative 1.00 344,949$ 344,949$ INVESTIGATION SERVICES: Investigator 2.00 338,270$ 676,540$ PATROL AND TRAFFIC SERVICES: Deputy Sheriff II -Patrol Patrol 15.00 284,298$ 4,264,470$ Deputy Sheriff II -Motor Motorcycle 2.00 289,384$ 578,768$ ADDITIONAL SERVICES: Crime Prevention Specialist 1.00 109,792$ 109,792$ Community Services Officer Parking Control 2.00 132,511$ 265,022$ Deputy Sheriff II Community Support 1.00 284,298$ 284,298$ Deputy Sheriff II DET 1.00 284,298$ 284,298$ Cadet Extra Help 30,786$ TOTAL POSITIONS 30.00 8,630,572$ REGIONAL / SHARED STAFF: Title Regional Team Quantity % Allocation Cost $ TRAFFIC: Sergeant Traffic 0.60 6.94%18,128$ Deputy Sheriff II Traffic 4.00 6.94%94,478$ Investigative Assistant Traffic 2.00 6.94%19,337$ Office Specialist Traffic 1.00 6.94%7,672$ AUTO THEFT: Sergeant Auto Theft 0.30 5.46%7,121$ Investigator Auto Theft 2.00 5.46%36,941$ Investigative Assistant Auto Theft 1.00 5.46%7,597$ Office Specialist Auto Theft 1.00 5.46%5,946$ DET: Sergeant DET 1.00 5.87%23,278$ Investigator DET 1.00 5.87%24,065$ SUBPOENA: Office Specialist Subpoena 1.00 6.75%6,720$ COURTS: Investigative Assistant Courts 2.00 16.07%44,009$ Office Specialist Courts 0.80 16.07%12,996$ MOTORCYCLE (shared Supervision): Sergeant Motorcyle Supervision 1.00 7.14%24,970$ TOTAL REGIONAL/SHARED 18.70 333,258$ OTHER CHARGES AND CREDITS (Subsection G-2): OTHER CHARGES: CREDITS: TOTAL OTHER CHARGES AND CREDITS 1,852,548$ TOTAL COST OF SERVICES (Subsection G-2)10,816,378$ ORANGE COUNTY SHERIFF-CORONER FY 2020-21 LAW ENFORCEMENT CONTRACT CITY OF SAN JUAN CAPISTRANO "PAYMENT" (Subsection G-2) Credits include: AB109 (2011 Public Safety Realingment); estimated vacancy credits; false alarm fees reimbursement for training and miscellaneous programs; and retirement rate discount for FY 2020-21. Other Charges include: Annual leave paydowns and apportionment of cost of leave balances paid at end of employment; premium pay for bilingual staff, on-call pay and education incentive pay; contract administration; data line charges; E-Citation recurring costs for three (3) units; Enhanced helicopter response services; facility lease; holiday pay; Integrated Law & Justice of Orange County fees; Mobile Data Computer (MDC) recurring cost for eighteen (18) units; overtime; patrol training cost allocation; Patrol Video System (PVS) recurring cost for eleven (11) units; services and supplies; and transportation charges. Page 1 of 1 ATTACHMENT 6 - Page 26 of 34 Page 1 of 4 ATTACHMENT D COUNTY BILLING POLICY APPROVED BY BOARD MINUTE ORDER DATED OCTOBER 27, 1992 I. POLICY All County agencies/departments/districts (County) governed by the Board of Supervisors shall bill contracting entities for materials and/or services provided under contract in accordance with the following standardized billing and collection policy. Billing frequency is dependent on whether the contract is a fixed price or actual cost contract. Payment due date is designed to be both responsive to the County’s cash flow needs and reasonable enough as to not require special processing by the contracting entity. If payments are not received by the required due dates, a late payment fee shall be computed and billed to the contracting entity in accordance with the requirements of this procedure. Nothing herein shall affect the liability, including pre-judgment interest, of the contracting party for services or materials in as much as this is a policy to enact standard billing practices. II. DEFINITIONS A. Contract for the purposes of this policy - A contract is a formal written agreement, a purchase order from the contracting entity, or any other acceptable mutual understanding between the contracting parties. B. Received by the County - The phrase “received by the County”, as used in Section VI of this policy, refers to the date a payment is received by the County. It is defined as the date the payment is in the County’s possession. It is not the date the payment is posted or deposited by the County. III. FIXED PRICE CONTRACTS A. Fixed Price (One-Time/Non-Recurring Contracts) - Invoices that represent a billing for a one-time, non-recurring provision of materials and/or services shall be issued no later than five (5) working days after delivery by the County of the materials and/or services. Examples of such one-time, non-recurring provision of materials and/or services might be a city contracting with the Sheriff for security service at a parade or sporting event; or, a city purchasing a computer listing containing certain city-requested data. Payment due date shall be invoice date plus 30 days. B. Fixed Price (Ongoing/Recurring Contracts) - Invoices that represent a billing for an ongoing, recurring provision of materials and/or services shall be issued according to the following frequency: 1. Annual Billings that total $10,000 or less per 12-month period shall be billed via one (1) annual invoice. Annual invoices will be issued for each 12-month period of the contract, or portions thereof. Invoices shall be issued no later than five working days after the beginning of each 12-month period. Payment due date shall be invoice date plus 30 days. ATTACHMENT 6 - Page 27 of 34 Page 2 of 4 2. Quarterly Billings that are greater than $10,000 but not more than $200,000 per 12- month period, shall be billed in quarterly installments. Quarterly invoices will be issued representing the contract amount for each 12-month period of the contract, or portions thereof, prorated into four (4) installments. Invoices shall be issued no later than 30 days after the beginning of each quarter. Payment due date shall be 60 days after the beginning of each calendar quarter. 3. Monthly Billings that are greater than $200,000 per 12-month period shall be billed in monthly installments. Monthly invoices will be issued representing the contract amount for each 12-month period of the contract, or portions thereof, prorated into 12 installments. Invoices shall be issued on or before the first day of each service month. Payment due date shall be 30 days after the beginning of each service month. An example of a fixed price contract for ongoing, recurring provision of materials and/or services might be a city contracting with the Sheriff for law enforcement services. IV. ACTUAL COST CONTRACTS A. Actual Cost (One-Time/Non-Recurring Contracts) - Invoices that represent a billing for a one-time, non-recurring provision of materials and/or services shall be issued after delivery by the County of the materials and/or services and no later than 15 days after actual cost data is available. Payment due date shall be invoice date plus 30 days. B. Actual Cost (Ongoing/Recurring Contracts) - Invoices that represent a billing for an ongoing, recurring provision of materials and/or services shall be issued on a monthly basis and shall represent the cost of materials and/or services provided to the contracting entity during the previous calendar month. Such invoices shall be issued no later than 15 days after the close of the monthly billing period. If the County agency/department/district does not utilize a monthly billing cycle, the invoice shall be issued no later than 15 days after actual cost data is available. Payment due date shall be invoice date plus 30 days. Examples of actual cost contracts for the ongoing, recurring provision of materials and/or services might be a city contracting with the County for communications equipment repair or waste disposal at a County landfill. V. PAYMENT DUE DATES Notwithstanding the provisions of Sections II and III above, payment due date shall be at least invoice date plus 30 days. If the County is late in issuing an invoice, the contracting entity would always have at least invoice date plus 30 days to pay. If the County is early in issuing an invoice, the contracting entity would still have a payment due date of either 60 days after the beginning of the quarter (quarterly invoices) or 30 days after the beginning of the service month (monthly invoices). (EXAMPLES: An invoice for October service, dated and issued October 8 (late) would have a payment due date of November 7. An invoice for August service, dated and issued July 20 (early) would have a payment due date of August 30.) ATTACHMENT 6 - Page 28 of 34 Page 3 of 4 VI. LATE CHARGES The late payment of any invoiced amount by a contracting entity will cause the County to incur costs not contemplated by the County/contracting entity agreement, the exact amount of such cost will be extremely difficult to ascertain. Such costs include, but are not limited to, costs such as administrative follow-up and processing of delinquent notices, increased accounting costs, etc. Late charges will be assessed in the following situations:  Over-the-counter payments will be assessed a late charge if any payment is not received by the County by the payment due date.  Payments transmitted to the County via the U.S. Mail that have the payer’s postage meter mark will be assessed a late charge if any payment is not received by the County by the payment due date plus one day.  Payments transmitted to the County via the U.S. Mail that have a U.S. Post Office postmark dated after the payment due date will be assessed a late charge. The late charge assessed in each of these situations shall be three-quarters of one percent (0.75%) of the payment due and unpaid plus $100.00 for late payments made within 30 days of the payment due date. An additional charge of three-quarters of one percent (0.75%) of said payment shall be added for each additional 30-day period that the payment remains unpaid. Late charges shall be added to the payment and invoiced to the contracting entity in accordance with this policy. VII. COLLECTIONS Any invoice remaining unpaid 90 days after the invoice date shall be referred to the Auditor- Controller for subsequent collection action, such as deduction from contracting entity moneys on deposit with the County Treasurer in accordance with Government Code Section 907 and any other applicable provision of law. Non-payment of invoices and applicable late charges will constitute a breach of contract for which the County retains all legal remedies including termination of the contract. VIII. DISCOUNT FOR EARLY PAYMENT Any payment received by the County from a contracting entity 20 days or more before the payment due date shall be entitled to a discount of one-quarter of one percent (0.25%). If the contracting entity takes a discount, and the payment is received by the County less than 20 days before the payment due date, County staff shall immediately notify the contracting entity by telephone that the discount should not have been taken and that the balance is due by the original payment due date. If the balance is not received by the County in accordance with the dates as specified in Section VII, applicable late charges shall be calculated on the balance due. ATTACHMENT 6 - Page 29 of 34 Page 4 of 4 IX. DEFERRED REVENUE At fiscal year end, any portion of revenue invoiced (not necessarily received) during the fiscal year being closed out that represents charges or prepayment for materials and/or services for the upcoming fiscal year shall be reclassified from a revenue account to a deferred revenue account (liability). In the new fiscal year the deferred revenue shall be reclassified to a revenue account. (EXAMPLE: On June 1, 19X1, a city is invoiced $48,000 which represents charges for the 12-month period June 1, 19X1 to May 31, 19X2. The amount to be reclassified to deferred revenue would be $44,000, representing 11/12ths of the total amount. In July 19X1, the $44,000 would be reclassified to revenue.) Reclassification entries shall be made by Auditor-Controller Agency Accounting units, or for those agencies/departments/districts without such a unit, the agency/department/district shall notify the Auditor-Controller of the amounts to be reclassified. X. COST RECOVERY All County agencies/department/districts shall include all costs of providing contracted services in contract rates. Including all direct costs, allocated indirect costs such as departmental and County (CWCAP) overhead, and cost of capital financing. XI. EXISTING CONTRACTS Billing terms and provisions contained in existing contracting entity agreements (existing as of the date this policy is approved by the Board of Supervisors) shall remain in effect for the life of the contract. However, when these existing contracts are renegotiated, they shall contain the billing provisions as set forth in this policy. XII. DEVIATIONS FROM POLICY Deviations from this policy shall be approved by the Board of Supervisors. Proposed deviations by agencies/departments/districts shall be submitted to the CEO for concurrence in advance of filing an Agenda Item Transmittal (AIT) with the Clerk of the Board. The CEO, or his/her designee, shall advise the agency/department/district of approval or disapproval of the proposed deviations. If a County agency/department/district submits a contract to the Board of Supervisors for approval, and the billing provisions in the contract deviate from this policy, the agency/department/district shall specifically advise the Board of Supervisors in the AIT of the deviation, the reason for the deviation, and of the CEO’s recommendation relative thereto. Page 4 of 4 ATTACHMENT 6 - Page 30 of 34 5/7/2020 Rev. ATTACHMENT E POLICY FOR DISTRIBUTION OF FORFEITED AND SEIZED ASSETS BACKGROUND The Orange County Sheriff’s Department provides contract law enforcement services to cities in Orange County. Because of the increased likelihood that contracted patrol or investigation personnel may become involved in significant narcotic seizures, which could affect law enforcement services provided by the Sheriff’s Department to contract cities, the following policy is in effect. CONTRACTED PATROL AND INVESTIGATION OFFICERS When assets (cash or property) are seized in CITY by contracted patrol or investigation personnel, and subsequently forfeited to COUNTY’s Sheriff Department, hereinafter referred to as “SHERIFF”, the forfeited assets shall be shared with CITY as set forth below, for the purpose of augmenting law enforcement services in CITY, subject to guidelines by the forfeiting agency of such sharing and use of forfeited assets. A portion of forfeited assets may be retained by SHERIFF, to pay for departmental expenses not recovered through law enforcement contracts. In such cases, pursuant to the forfeiting agency’s guidelines, SHERIFF shall apply to the forfeiting agency for the return of a share of assets. In his application, SHERIFF shall specify the percentage of shared assets returned to SHERIFF that will be used to augment law enforcement services in CITY and the use of said assets by CITY. In those cases in which assets are seized within CITY by personnel assigned to CITY pursuant to this Agreement, without the involvement of other law enforcement personnel, and in which the seizure is a result solely of activities self-initiated by SHERIFF personnel assigned to CITY or initiated by said personnel in response to calls for service within CITY, SHERIFF shall apply to have all of the assets used to augment CITY law enforcement services. In those cases in which SHERIFF personnel assigned to CITY pursuant to this Agreement play an ancillary role in a seizure or in which other law enforcement personnel are involved in a seizure, SHERIFF shall determine the percentage of the total forfeited assets for which he will apply to augment CITY’s law enforcement services. This determination will be based on the circumstances of the seizure, including the pro-rata involvement of all personnel, including those assigned to CITY. Each seizure will be evaluated on an individual and independent basis, and said evaluations will be available for review to CITY’s manager. Examples of those incidents which would be evaluated as set forth in this section include situations in which a contract patrol deputy provides uniformed backup at a SHERIFF’s Narcotic Bureau search warrant location or in which contract investigators participate in the service of a search warrant that was initiated by non-contract law enforcement personnel. Assets (cash or property) that are returned to SHERIFF by the forfeiting agency with the understanding that they will be used to augment CITY law enforcement services shall be used by CITY and SHERIFF only for such purposes. If the forfeiting agency attaches additional or more specific conditions to the use of said assets, CITY and SHERIFF shall also abide by those conditions. SHERIFF and CITY’s manager shall determine the specific use of said assets within the conditions imposed by the forfeiting agency. ATTACHMENT 6 - Page 31 of 34 ,, ATTACHMENT F RESOLUTION NO. 00-7-18-4 ORANGE COUNTY SHERIFFS DEPARTMENT TRAFFIC VIOLATOR APPREHENSION PROGRAM A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO. CALIFORNIA, AUTHORIZING PARTICIPATION IN THE ORANGE COUNTY SHERIFFS DEPARTMENT TRAFFIC VIOLATOR APPREHENSION PROGRAM WHEREAS, the City of San Juan Capistrano contracts with the Orange County Sheriffs Department for law enforcement services; and, WHEREAS, as a contract City, San Juan Capistrano is eligible to participate in the County's new Traffic Violator Apprehension Program: and, WHEREAS, the goals of the Traffic Violator Apprehension Program are to reduce the number of collisions involving suspended or unlicensed drivers, to reduce the number of hit and run collisions, to establish a public education program to deter violators, and to establish a cost recovery system to pay for continued enforcement; and, · WHEREAS, the Traffic Violator Apprehension Program is funded by a Traffic Safety Grant from the state of California and on-going revenues will be generated from the collection of vehicle impound fees within the unincorporated areas of the County and participating cities that contract for law enforcement services with the Orange County Sheriffs Department; and, WHEREAS, the County Board of Supervisors has established a fee of $50 for each vehicle towed/stored/impounded as a result of negligent operation of a vehicle and a $152 fee for each vehicle impounded for 30 days; based on the actual administrative costs for the identification and apprehension of drivers with suspended or revoked licenses or unlicensed motorists; and, WHEREAS, all of the impound fees will be collected by the County and deposited into a Traffic Violator Apprehension Fund for use by this program exclusively. NOW, THEREFORE,BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby resolve, determine and order as follows: SECTION 1.Authorize the City of San Juan Capjstrano to participate in the Traffic Violator Apprehension Fund; and, -1- ·-- ATTACHMENT 6 - Page 32 of 34 SECTION 2. The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED, AND ADOPTED this 18th day of July, 2000. ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE )ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing Is a true and correct copy of Resolution No. 00-7-18-4, adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 18thday of July, 2000, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Council Members Bathgate, Greiner, llart, Swerdlin and Mayor T Campbell None None None (SEAL) -2- OlLEAWeeM: AYOR ATTACHMENT 6 - Page 33 of 34 OCSD BUDGET USE ONLY R E Q U E S T CERTIFICATION A P P R O V A L S ORANGE COUNTY SHERIFF-CORONER TRAFFIC VIOLATOR APPREHENSION PROGRAM CONTRACT CITY Participating City Request to Purchase From the TVA in FY Date APPLICABILTY QUANTITY ITEM DESCRIPTION TO TVA PROGRAM ESTIMATED COST THE CITY CERTIFIES THAT THE EQUIPMENT PURCHASED BY CITY AND TO BE REIMBURSED BY PROGRAM FUNDS WILL BE USED FOR ITS ENTIRE USEFUL LIFE EXCLUSIVELY FOR THE PURPOSES OF THE TRAFFIC VIOLATOR APPREHENSION PROGRAM CITY MANAGER REQUEST: Printed Name Signature: DATE Recommended For Approval CITY POLICE SERVICES CHIEF MANAGER – TVA PROGRAM ORANGE COUNTY SHERIFF-CORONER DEPARTMENT ATTACHMENT G ATTACHMENT 6 - Page 34 of 34 1 2 3 4 5 6 7 SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND THE COUNTY OF ORANGE THIS SECOND AMENDMENT TO AGREEMENT, entered into this First 8 day of May 2022, which date is enumerated for purposes of reference only, by and 9 between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "CITY" 10 and the COUNTY OF ORANGE, a political subdivision of the State of California, 11 hereinafter referred to as "COUNTY", to amend effective July 1, 2022, that certain 12 Agreement between the parties commencing July 1, 2020, hereinafter referred to as 13 the "Agreement". 14 1.For the period July 1, 2022 through June 30, 2023, REGULAR SERVICES BY 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY, Subsections C-4 and C-10 of the Agreement are amended to read as follows: "C-4. The level of service, other than for licensing, to be provided by the COUNTY for the period July 1, 2022 through June 30, 2023, is set forth in Attachment A and incorporated herein by this reference. C-10. With the limitations set forth below, SHERIFF, on behalf of COUNTY, and CITY Manager, on behalf of CITY, are authorized to execute written amendments to this Agreement to increase or decrease the level of service set forth in Attachment A, when SHERIFF and CITY Manager mutually agree that such increase or decrease in the level of service is appropriate. Any such amendment to the Agreement shall concomitantly increase or decrease the cost of services payable by CITY set forth in Attachment C and incorporated herein by this reference, and the Maximum Obligation of CITY set forth in Subsection G-2, in accordance with the current year's Page 1 of 8 ATTACHMENT 7 - Page 1 of 19 2 3 4 5 6 7 8 9 10 11 12 13 COUNTY law enforcement cost study. SHERIFF and CITY Manager shall file copies of any such amendments to this Agreement with the Clerk of COUNTY's Board of Supervisors and CITY's Clerk. Amendments to this Agreement executed by SHERIFF and CITY Manager may not, in the aggregate, increase or decrease the cost of services payable by CITY by more than one percent (1 %) of the total cost originally set forth in Attachment C and the Maximum Obligation originally set forth in Subsection G-2 for FY 2022-23. Prior approval by COUNTY's Board of Supervisors and CITY's Council is required before execution of any amendment that brings the aggregate total of changes in costs payable by CITY to more than one percent (1 %) of the total cost originally set forth in Attachment C and the Maximum Obligation originally set forth in Subsection G-2 for FY 2022-23." 14 2.Effective July 1, 2022, SECTION E of the Agreement is amended to read as 15 16 17 18 19 20 21 22 23 24 25 26 27 28 follows: "E. BODY WORN CAMERA AND IN CAR VIDEO: 1.As part of the law enforcement services provided to CITY, COUNTY has provided, or will provide body worn cameras (hereinafter called "BWC") that will be worn by SHERIFF's personnel and In Car Video (hereinafter called "ICV") that will be mounted in vehicles designated by SHERIFF for use within CITY service area. 2.SHERIFF has the exclusive right to use said BWC and ICV for law enforcement services related to this Agreement. 3.CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition of BWC and the acquisition and installation of ICV, 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 BWC and ICV when they become functionally or technologically obsolete. Page 2 of 8 ATTACHMENT 7 - Page 2 of 19 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 3. The costs to be paid by CITY for recurring costs, including maintenance and replacemenUupgrade of BWC and ICV, are included in the costs set forth in Attachment C and the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement unless CITY has already paid such costs. CITY shall not be charged additional amounts for maintenance or replacemenUupgrade of said additional BWC and ICV during the period July 1, 2022 through June 30, 2023. 4.If, following the initial acquisition of BWC and ICV referenced above, CITY requires BWC and ICV for additional SHERIFF's personnel or vehicles designated for use in the CITY service area, COUNTY will purchase said additional BWC and ICV. Upon demand by COUNTY, CITY will pay to COUNTY a) the full costs of acquisition of additional BWC and the full cost of acquisition and installation of additional ICV, and b) the full recurring costs for said BWC and ICV, as deemed necessary by COUNTY, including the costs of maintenance, and contributions to a fund for replacement and upgrade of such BWC and ICV when they become functionally or technologically obsolete. Said costs related to additional BWC and ICV are not included in, and are in addition to, the costs set forth in Attachment C and the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement. 5.County will replace and/or upgrade BWC and ICV as needed. The costs of replacing/upgrade BWC and ICV shall be paid by COUNTY from the replacemenUupgrade funds to be paid by CITY in accordance with the foregoing. CITY shall not be charged any additional charge to replace or upgrade BWC and ICV after the cost of BWC and ICV set forth in Attachment C and in Maximum Obligation set forth in G-2 has been established in any fiscal year without written notification to the CITY." For the period July 1, 2022 through June 30, 2023, PAYMENT, Subsections G-2, G-3, G-5 and G-8, of the Agreement are amended to read as follows: Page 3 of 8 ATTACHMENT 7 - Page 3 of 19 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 "G-2. Unless the level of service as set forth in Attachment A, is increased or decreased by mutual agreement of the parties, or CITY is required to pay for increases as set forth in Subsection G-3, the Maximum Obligation of CITY for services, other than Licensing Services, to be provided by the COUNTY for the period July 1, 2022 through June 30, 2023 shall be $11,750,062, as set forth in Attachment C. The overtime costs included in the Agreement are only an estimate. SHERIFF shall notify CITY of actual overtime worked during each fiscal year. If actual overtime worked is above or below budgeted amounts, billings will be adjusted accordingly at the end of the fiscal year. Actual overtime costs may exceed CITY's Maximum Obligation. G-3a. At the time this Agreement is executed, there may be unresolved issues pertaining to potential changes in salaries and benefits for COUNTY employees. The costs of such potential changes are not included in the FY 2022-23 cost set forth in Attachment C nor in the FY 2022-23 Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement. If the changes result in the COUNTY incurring or becoming obligated to pay for increased cost for or on account of personnel whose costs are included in the calculations of costs charged to CITY hereunder, CITY shall pay COUNTY, in addition to the Maximum Obligation set forth in Subsection G-2 of this Agreement, the full costs of said increases to the extent such increases to the extent such increases are attributable to work performed by such personnel during the period July 1, 2022 through June 30, 2023, 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, 2022 and June 30, 2023 remaining after COUNTY notifies CITY that increases are payable. Page 4 of 8 ATTACHMENT 7 - Page 4 of 19 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 If the changes result in the COUNTY incurring or becoming obligated to pay for decreased costs for or on account of personnel whose costs are included in the calculations of costs charged to CITY hereunder, COUNTY shall reduce the amount owed by the CITY to the extent such decreases are attributable to work performed by such personnel during the period July 1, 2022 through June 30, 2023, and CITY's Maximum Obligation hereunder shall be deemed to have decreased accordingly. COUNTY shall reduce required payment by CITY in full for such decreases on a pro-rata basis over the portion of the period between July 1, 2022 and June 30, 2023 remaining after COUNTY notifies CITY that the Maximum Obligation has decreased. G-3b. If CITY is required to pay for increases as set forth in Subsection G-3a above, COUNTY, at the request of CITY, will thereafter reduce the level of service to be provided to CITY as set forth in Attachment C of this Agreement to a level that will make the Maximum Obligation of CITY hereunder for the period July 1, 2022 through June 30, 2023 an amount specified by CITY that is equivalent to or higher than the Maximum Obligation set forth in Subsection G-2 for said period at the time this Agreement originally was executed. The purpose of such adjustment of service levels will be to give CITY the option of keeping its Maximum Obligation hereunder at the pre-increase level or at any other higher or lower level specified by CITY. In the event of such reduction in level of service and adjustment of costs, the parties shall execute an amendment to this Agreement so providing. Decisions about how to reduce the level of service provided to CITY shall be made by SHERIFF with the approval of CITY. G-5. COUNTY shall invoice CITY monthly, one-twelfth (1/12) of the Maximum Obligation of CITY. If a determination is made that increases described in Page 5 of 8 ATTACHMENT 7 - Page 5 of 19 1 Subsection G-2 must be paid, COUNTY thereafter shall include the pro-rata 2 charges for such increases in its monthly invoices to CITY for the balance 3 of the period between July 1, 2022 and June 30, 2023. 4 G-8. As payment for the Licensing Services described in Subsection C-8 of this 5 Agreement, COUNTY shall retain all fees paid by applicants to the County 6 for licenses, pursuant to CITY ordinances listed in Attachment B hereto. 7 Retention of said fees by COUNTY shall constitute payment in full to 8 COUNTY for costs incurred by COUNTY in performing the functions related g to licensing described in Subsection C-8; provided, however, that if any of 10 said fees are waived or reduced by CITY, CITY shall pay to COUNTY the 11 difference between the amount of fees retained by COUNTY and the fees 12 that were set forth in the ordinances listed in Attachment 8 as of July 1, 13 2022. Should CITY increase the fee schedule for the licensing ordinances 14 set forth in Attachment 8, either party shall have the right to seek 15 amendment of this Agreement with respect to the division of the increased 16 fees between CITY and COUNTY." 17 4 For the period July 1, 2022 through June 30, 2023, MOBILE DATA 18 COMPUTERS, Subsection N-3, of the Agreement is amended to read as 19 follows: 20 "N-3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition and 21 installation of MDCs that are or will be mounted in patrol vehicles and 22 motorcycles assigned to CITY, and b) recurring costs, as deemed 23 necessary by COUNTY, including the costs of maintenance and 24 contributions to a fund for replacement and upgrade of such MDCs when 25 they become functionally or technologically obsolete. 26 The costs to be paid by CITY for recurring costs, including maintenance 27 and replacement/upgrade of MDCs, are included in the costs set forth in 28 Attachment A and the Maximum Obligation of CITY set forth in Subsection Page 6 of 8 ATTACHMENT 7 - Page 6 of 19 1 2 3 4 G-2 of this Agreement unless CITY has already paid such costs. CITY shall not be charged additional amounts for maintenance or replacemenUupgrade of said MDCs during the period July 1, 2022 through June 30, 2023." 5 5.For the period July 1, 2022 through June 30, 2023, E-CITATION UNITS, 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. II II II II II II II II Subsection 0-3, of the Agreement are amended to read as follows: "0-3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition of E-Citation units that are assigned to CITY, and b) recurring costs, as deemed necessary by COUNTY, including the costs of maintenance and contributions to a fund for replacement and upgrade of such E-Citation units when they become functionally or technologically obsolete. The costs to be paid by CITY for recurring costs, including maintenance and replacemenUupgrade of E-Citation units, are included in the costs set forth in Attachment C and the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement unless CITY has already paid such costs. CITY shall not be charged additional amounts for maintenance or replacemenUupgrade of said E-Citation units during the period July 1, 2022 through June 30, 2023." All other provisions of the Agreement, to the extent that they are not in conflict with this SECOND AMENDMENT TO AGREEMENT, remain unchanged. Page 7 of 8 ATTACHMENT 7 - Page 7 of 19 IN WITNESS WHEREOF, the parties have executed the SECOND 2 AMENDMENT TO AGREEMENT in the County of Orange, State of California. 3 4 5 ATTEST: 6 7 8 9 ---------City Clerk DATED: ___________ _ CITY OF SAN JUAN CAPISTRANO BY: ------------Mayor APPROVED AS TO FORM: BY: ------------City Attorney 10 11 ----------------------------------------------------------------------------------------------- 12 DATED: ---------- 13 14 COUNTY OF ORANGE 15 BY: -------------- 16 17 Chairman of the Board of Supervisors County of Orange, California 18 SIGNED AND CERTIFIED THAT A COPY OF THIS 19 AGREEMENT HAS BEEN DELIVERED TO THE CHAIR OF THE BOARD PER G.C. Sec. 25103, Reso 79-1535 20 Attest: 21 Robin Stieler 22 Clerk of the Board 23 County of Orange, California 24 25 26 27 28 APPROVED AS TO FORM: Office of the County Counsel County of Orange, California BY: �-�tf ffi-- Deputy DATED: tf/z.i/'2-Z- Page 8 of 8 ATTACHMENT 7 - Page 8 of 19 ORANGE COUNTY SHERIFF-CORONER FY 2022-23 LAW ENFORCEMENT CONTRACT CITY OF SAN JUAN CAPISTRANO "REGULAR SERVICES BY COUNTY" (Subsection C-4) ATTACHMENT A LEVEL OF SERVICE PROVIDED BY SHERIFF· Title Detail Quantity MANAGEMENT: Captain 1.00 SUPERVISION: Sergeant Patrol 4.00 Sergeant Administrative 1.00 INVESTIGATION SERVICES: Investigator 2.00 PATROL AND TRAFFIC SERVICES*: Deputy Sheriff II -Patrol Patrol 15.00 Deputy Sheriff II -Motor Motorcycle 2.00 ADDITIONAL SERVICES*: Crime Prevention Specialist Crime Prevention 1.00 Community Services Officer Parking Control 2.00 Deputy Sheriff II Community Support 1.00 Deputy Sheriff II DET 1.00 Cadet Extra Help TOTAL 30.00 *Deployment to be determined by SHERIFF in cooperation with CITY Manager REGIONAL/ SHARED STAFF: Title Regional Team Quantity TRAFFIC: Sergeant Traffic 0.60 Deputy Sheriff II Traffic 4.00 lnvestiqative Assistant Traffic 2.00 Office Specialist Traffic 1.00 AUTO THEFT: Serqeant Auto Theft 0.30 I nvestiqator Auto Theft 2.00 I nvestiqative Assistant Auto Theft 1.00 Office Specialist Auto Theft 1.00 DET: Serqeant DET 1.00 I nvestiqator DET 1.00 COURTS: I nvestiqative Assistant Courts 2.00 MOTORCYCLE (shared Supervision): Serqeant Motorcvle Supervision 1.00 TOTAL 16.90 Page 1 of 1 Frequency each, 80 hrs./ per two wk. pay period 80 hrs./ per two wk. pay period each, 80 hrs./ per two wk. pay period each, 80 hrs./ per two wk. pay period each, 80 hrs./ per two wk. pay period 80 hrs./ per two wk. pay period each, 80 hrs./ per two wk. pay period 80 hrs./ oer two wk. pay period 80 hrs./ per two wk. pay period 1,039 hours % Allocation 5.79% 5.79% 5.79% 5.79% 4.78% 4.78% 4.78% 4.78% 7.39% 7.39% 15.74% 8.16% ATTACHMENT 7 - Page 9 of 19 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 04/29/21 CITY OF SAN JUAN CAPISTRANO ORDINANCE NO. 785 (5-24.01 MC) ORDINANCE NO. 417 (5-18.02 MC) ORDINANCE NO.869 ( 9-3.503 MC) LICENSING DANCE INSTRUCTOR (NUDE) DANCE STUDIO (NUDE) ESCORT ESCORT BUREAU FIGURE MODEL (NUDE) FIGURE MODEL STUDIO (NUDE) GUN DEALER INTERLOCUTRIX (NUDE) INTRODUCTORY SERVICE JUNK COLLECTOR JUNK DEALER MASSAGE ESTABLISHMENTS PEDDLER POOL ROOM PUBLIC DANCE RAP SESSION (NUDE) SECONDHAND DEALER (Pawnbroker) TAXICAB STAND ATTACHMENT B ATTACHMENT 7 - Page 10 of 19 ORANGE COUNTY SHERIFF-CORONER FY 2022-23 LAW ENFORCEMENT CONTRACT CITY OF SAN JUAN CAPISTRANO "PAYMENT" (Subsection G-2) COST OF SERVICES PROVIDED BY SHERIFF CSubsection G·21: Cost of Service Title Detail Quantity (each) MANAGEMENT: Captain 1.00 $ 443,024 SUPERVISION: Sergeant Patrol 4.00 $ 370,408 Sergeant Administrative 1.00 $ 370,408 INVESTIGATION SERVICES: lnvestiuator 2.00 $ 365,632 PATROL AND TRAFFIC SERVICES: Deputv Sheriff II -Patrol Patrol 15 00 $ 307,545 Deputy Sheriff 11 -Motor Motorcycle 2.00 $ 312,557 ADDITIONAL SERVICES: Crime Prevention Specialist 1.00 $ 120 600 Community Services Officer Parking Control 2.00 $ 145,384 Deputy Sheriff 11 Community Support 1.00 $ 307,545 Deputy Sheriff 11 DET 1.00 $ 307,545 Cadet Extra Help TOTAL POSITIONS 30.00 REGIONAL/ SHARE!:> STAFF· Title Regional Team Quantity % Allocation TRAFFIC: Serueant Traffic 0,60 5.79% Deputy Sheriff II Traffic 4.00 5.79% lnvestiuative Assistant Traffic 2.00 5.79% Office Specialist Traffic 1,00 5.79% AUTO _THEFT: Sergeant Auto Theft 0.30 4.78% Investigator Auto Theft 2.00 4.78% Investigative Assistant Auto Theft 1 .00 4.78% Office Specialist Auto Theft 1.00 4.78% DET: Sergeant DET 1.00 7.39% Investigator DET 1.00 7.39% COURTS: Investigative Assistant Courts 2.00 15.74% MOTORCYCLE (shared SupervisiOrJ): Sergeant Motorcyle Supervision 1.00 8.16% TOTAL REGIONAUSHARED 16.90 OTHER CHARGES AND CREDITS {Subsection G-2): OTHER CHARGES: ATTACHMENT C Cost of Service Total $ 443,024 $ 1,481,632 $ 370,408 $ 731 264 $ 4,613,175 $ 625,114 $ 120,600 $ 290,768 $ 307,545 $ 307,545 $ 34,137 $ 9,325,212 Cost$ $ 17,127 $ 88,118 $ 18,063 $ 7,030 $ 7,053 $ 33,117 $ 7,480 $ 5,599 $ 32,040 $ 29,701 $ 49,355 $ 31,936 $ 326,619 0ther Charges Include: Annual leave paydowns and apportionment of cost of leave balances paid at end of employment; Body Worn Camera (BWC) and In Car Video (ICV); contract administration; data line charges; E-Citation recurring costs for two (2) units; Enhanced helicopter response services; facility lease; holiday pay; Integrated Law & Justice of Orange County fees; Mobile Data Computer (MDC) recurring cost for eighteen (18) units; overtime; patrol training cost allocation; premium pay for bilingual staff, education incentive pay, on­ call pay; services and supplies; and transportation charges, CREDITS: Credits Include: AB109 (2011 Public Safety Realingment); estimated vacancy credits; false alarm fees reimbursement; reimbursement for training and miscellaneous programs; and retirement rate discount for FY 2022-23; reimbursement for restitution, TOTAL OTHER CHARGES AND CREDITS $ 2,098,231 TOTAL COST OF SERVICES (Subsection G-2) $ 11,750,062 Page 1 of 1 ATTACHMENT 7 - Page 11 of 19 ATTACHMENT D COUNTY BILLING POLICY APPROVED BY BOARD MINUTE ORDER DATED OCTOBER 27, 1992 I.POLICY All County agencies/departments/districts (County) governed by the Board of Supervisors shall bill contracting entities for materials and/or services provided under contract in accordance with the following standardized billing and collection policy. Billing frequency is dependent on whether the contract is a fixed price or actual cost contract. Payment due date is designed to be both responsive to the County's cash flow needs and reasonable enough as to not require special processing by the contracting entity. If payments are not received by the required due dates, a late payment fee shall be computed and billed to the contracting entity in accordance with the requirements of this procedure. Nothing herein shall affect the liability, including pre-judgment interest, of the contracting party for services or materials in as much as this is a policy to enact standard billing practices. II. DEFINITIONS A.Contract for the purposes of this policy - A contract is a formal written agreement, a purchase order from the contracting entity, or any other acceptable mutual understanding between the contracting parties. B.Received by the County -The phrase "received by the County", as used in Section VI of this policy, refers to the date a payment is received by the County. It is defined as the date the payment is in the County's possession. It is not the date the payment is posted or deposited by the County. 111.FIXED PRICE CONTRACTS A.Fixed Price (One-Time/Non-Recurring Contracts) -Invoices that represent a billing for a one-time, non-recurring provision of materials and/or services shall be issued no later than five (5) working days after delivery by the County of the materials and/or services. Examples of such one-time, non-recurring provision of materials and/or services might be a city contracting with the Sheriff for security service at a parade or sporting event; or, a city purchasing a computer listing containing certain city-requested data. Payment due date shall be invoice date plus 30 days. B.Fixed Price (Ongoing/Recurring Contracts) -Invoices that represent a billing for an ongoing, recurring provision of materials and/or services shall be issued according to the following frequency: 1.Annual Billings that total $10,000 or less per 12-month period shall be billed via one (1)annual invoice. Annual invoices will be issued for each 12-month period of the contract, or portions thereof. Invoices shall be issued no later than five working days after the beginning of each 12-month period. Payment due date shall be invoice date plus 30 days. Page 1 of 4 ATTACHMENT 7 - Page 12 of 19 2.Quarterly Billings that are greater than $10,000 but not more than $200,000 per 12- month period, shall be billed in quarterly installments. Quarterly invoices will be issued representing the contract amount for each 12-month period of the contract, or portions thereof, prorated into four (4) installments. Invoices shall be issued no later than 30 days after the beginning of each quarter. Payment due date shall be 60 days after the beginning of each calendar quarter. 3.Monthly Billings that are greater than $200,000 per 12-month period shall be billed in monthly installments. Monthly invoices will be issued representing the contract amount for each 12-month period of the contract, or portions thereof, prorated into 12 installments. Invoices shall be issued on or before the first day of each service month. Payment due date shall be 30 days after the beginning of each service month. An example of a fixed price contract for ongoing, recurring provision of materials and/or services might be a city contracting with the Sheriff for law enforcement services. IV.ACTUAL COST CONTRACTS A.Actual Cost (One-Time/Non-Recurring Contracts) -Invoices that represent a billing for a one-time, non-recurring provision of materials and/or services shall be issued after delivery by the County of the materials and/or services and no later than 15 days after actual cost data is available. Payment due date shall be invoice date plus 30 days. B.Actual Cost {Ongoing/Recurring Contracts) -Invoices that represent a billing for an ongoing, recurring provision of materials and/or services shall be issued on a monthly basis and shall represent the cost of materials and/or services provided to the contracting entity during the previous calendar month. Such invoices shall be issued no later than 15 days after the close of the monthly billing period. If the County agency/department/district does not utilize a monthly billing cycle, the invoice shall be issued no later than 15 days after actual cost data is available. Payment due date shall be invoice date plus 30 days. Examples of actual cost contracts for the ongoing, recurring provision of materials and/or services might be a city contracting with the County for communications equipment repair or waste disposal at a County landfill. V.PAYMENT DUE DATES Notwithstanding the provisions of Sections 11 and 111 above, payment due date shall be at least invoice date plus 30 days. If the County is late in issuing an invoice, the contracting entity would always have at least invoice date plus 30 days to pay. If the County is early in issuing an invoice, the contracting entity would still have a payment due date of either 60 days after the beginning of the quarter (quarterly invoices) or 30 days after the beginning of the service month (monthly invoices). (EXAMPLES: An invoice for October service, dated and issued October 8 (late) would have a payment due date of November 7. An invoice for August service, dated and issued July 20 (early) would have a payment due date of August 30.) Page 2 of 4 ATTACHMENT 7 - Page 13 of 19 VI.LATE CHARGES The late payment of any invoiced amount by a contracting entity will cause the County to incur costs not contemplated by the County/contracting entity agreement, the exact amount of such cost will be extremely difficult to ascertain. Such costs include, but are not limited to, costs such as administrative follow-up and processing of delinquent notices, increased accounting costs, etc. Late charges will be assessed in the following situations: -Over-the-counter payments will be assessed a late charge if any payment is not received by the County by the payment due date. -Payments transmitted to the County via the U.S. Mail that have the payer's postage meter mark will be assessed a late charge if any payment is not received by the County by the payment due date plus one day. -Payments transmitted to the County via the U.S. Mail that have a U.S. Post Office postmark dated after the payment due date will be assessed a late charge. The late charge assessed in each of these situations shall be three-quarters of one percent (0.75%) of the payment due and unpaid plus $100.00 for late payments made within 30 days of the payment due date. An additional charge of three-quarters of one percent (0.75%) of said payment shall be added for each additional 30-day period that the payment remains unpaid. Late charges shall be added to the payment and invoiced to the contracting entity in accordance with this policy. VII.COLLECTIONS Any invoice remaining unpaid 90 days after the invoice date shall be referred to the Auditor­ Controller for subsequent collection action, such as deduction from contracting entity moneys on deposit with the County Treasurer in accordance with Government Code Section 907 and any other applicable provision of law. Non-payment of invoices and applicable late charges will constitute a breach of contract for which the County retains all legal remedies including termination of the contract. VIII.DISCOUNT FOR EARLY PAYMENT Any payment received by the County from a contracting entity 20 days or more before the payment due date shall be entitled to a discount of one-quarter of one percent (0.25%). If the contracting entity takes a discount, and the payment is received by the County less than 20 days before the payment due date, County staff shall immediately notify the contracting entity by telephone that the discount should not have been taken and that the balance is due by the original payment due date. If the balance is not received by the County in accordance with the dates as specified in Section VII, applicable late charges shall be calculated on the balance due. Page 3 of 4 ATTACHMENT 7 - Page 14 of 19 IX.DEFERRED REVENUE At fiscal year end, any portion of revenue invoiced (not necessarily received) during the fiscal year being closed out that represents charges or prepayment for materials and/or services for the upcoming fiscal year shall be reclassified from a revenue account to a deferred revenue account (liability). In the new fiscal year the deferred revenue shall be reclassified to a revenue account. (EXAMPLE: On June 1, 19X1, a city is invoiced $48,000 which represents charges for the 12-month period June 1, 19X 1 to May 31, 19X2. The amount to be reclassified to deferred revenue would be $44,000, representing 11 /12ths of the total amount. In July 19X1, the $44,000 would be reclassified to revenue.) Reclassification entries shall be made by Auditor-Controller Agency Accounting units, or for those agencies/departments/districts without such a unit, the agency/depar tment/district shall notify the Auditor-Controller of the amounts to be reclassified. X.COST RECOVERY All County agencies/department/districts shall include all costs of providing contracted services in contract rates. Including all direct costs, allocated indirect costs such as departmental and County (CWCAP) overhead, and cost of capital financing. XI.EXISTING CONTRACTS Billing terms and provisions contained in existing contracting entity agreements (existing as of the date this policy is approved by the Board of Supervisors) shall remain in effect for the life of the contract. However, when these existing contracts are renegotiated, they shall contain the billing provisions as set forth in this policy. XII.DEVIATIONS FROM POLICY Deviations from this policy shall be approved by the Board of Supervisors. Proposed deviations by agencies/departments/districts shall be submitted to the CEO for concurrence in advance of filing an Agenda Item Transmittal (AIT) with the Clerk of the Board. The CEO, or his/her designee, shall advise the agency/department/district of approval or disapproval of the proposed deviations. If a County agency/department/district submits a contract to the Board of Supervisors for approval, and the billing provisions in the contract deviate from this policy, the agency/department/district shall specifically advise the Board of Supervisors in the AIT of the deviation, the reason for the deviation, and of the CEO's recommendation relative thereto. Page 4 of 4 Page 4 of 4 ATTACHMENT 7 - Page 15 of 19 ATTACHMENT E POLICY FOR DISTRIBUTION OF FORFEITED AND SEIZED ASSETS BACKGROUND The Orange County Sheriff's Department provides contract law enforcement services to cities in Orange County. Because of the increased likelihood that contracted patrol or investigation personnel may become involved in significant narcotic seizures, which could affect law enforcement services provided by the Sheriff's Department to contract cities, the following policy is in effect. CONTRACTED PATROL AND INVESTIGATION OFFICERS When assets (cash or property) are seized in CITY by contracted patrol or investigation personnel, and subsequently forfeited to COUNTY's Sheriff Department, hereinafter referred to as "SHERIFF", the forfeited assets shall be shared with CITY as set forth below, for the purpose of augmenting law enforcement services in CITY, subject to guidelines by the forfeiting agency of such sharing and use of forfeited assets. A portion of forfeited assets may be retained by SHERIFF, to pay for departmental expenses not recovered through law enforcement contracts. In such cases, pursuant to the forfeiting agency's guidelines, SHERIFF shall apply to the forfeiting agency for the return of a share of assets. In his application, SHERIFF shall specify the percentage of shared assets returned to SHERIFF that will be used to augment law enforcement services in CITY and the use of said assets by CITY. In those cases in which assets are seized within CITY by personnel assigned to CITY pursuant to this Agreement, without the involvement of other law enforcement personnel, and in which the seizure is a result solely of activities self-initiated by SHERIFF personnel assigned to CITY or initiated by said personnel in response to calls for service within CITY, SHERIFF shall apply to have all of the assets used to augment CITY law enforcement services. In those cases in which SHERIFF personnel assigned to CITY pursuant to this Agreement play an ancillary role in a seizure or in which other law enforcement personnel are involved in a seizure, SHERI FF shall determine the percentage of the total forfeited assets for which he will apply to augment CITY's law enforcement services. This determination will be based on the circumstances of the seizure, including the pro-rata involvement of all personnel, including those assigned to CITY. Each seizure will be evaluated on an individual and independent basis, and said evaluations will be available for review to CITY's manager. Examples of those incidents which would be evaluated as set forth in this section include situations in which a contract patrol deputy provides uniformed backup at a SHERIFF's Narcotic Bureau search warrant location or in which contract investigators participate in the service of a search warrant that was initiated by non-contract law enforcement personnel. Assets (cash or property) that are returned to SHERIFF by the forfeiting agency with the understanding that they will be used to augment CITY law enforcement services shall be used by CITY and SHERIFF only for such purposes. If the forfeiting agency attaches additional or more specific conditions to the use of said assets, CITY and SHERIFF shall also abide by those conditions. SHERIFF and CITY's manager shall determine the specific use of said assets within the conditions imposed by the forfeiting agency. 5/7/2020 Rev. ATTACHMENT 7 - Page 16 of 19 I I I RESOLUTiON 21-06-01-02 ATTACHMENT F A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING PARTICIPATION IN THE ORANGE COUNTY SHERIFF'S DEPARTMENT TRAFFIC VIOLATOR APPREHENSION PROGRAM AND ADOPTING FEES ASSOCIATED WITH THE PROGRAM WHEREAS, the Orange County Sheriffs Department (hereinafter the "OCSD" or "Sheriff") has instituted a Traffic Violator Apprehension Program (hereinafter, "Program") designed to reduce vehicle accidents caused by unlicensed drivers, drivers whose licenses are suspended, and to educate the public about the requirements of the Vehicle Code and related safety issues with regard to driver licensing, vehicle registration, vehicle operation, and vehicle parking; and, WHEREAS, the OCSD operates said Program in the unincorporated areas of Orange County and in the cities of Orange County that contract for the Sheriffs law enforcement services; and, WHEREAS, Vehicle Code section 22850.5 authorizes the County Board of Supervisors, by resolution, to establish a fee equal to the administrative costs relating to the removal, impound, storage or release of properly impounded vehicles; and, WHEREAS, a 2020 cost study conducted by the OCSD showed that the administrative costs relating to the removal, impound, storage or release of vehicles properly impounded pursuant to the Vehicle Code are at $144.00 per removal; and, WHEREAS, based upon the cost study, the OCSD proposed and the County Board of Supervisors adopted a fee in the amount of $144.00 on and effective November 17, 2020 ("County Resolution"); and, WHEREAS, pursuant to the County Resolution, which is hereby incorporated by reference, the OCSD seeks adoption of the fee by city councils of each of the cities that contracts with the OCSD for law enforcement services and wishes to continue to participate in the Program; and, WHEREAS, the City of San Juan Capistrano (hereinafter, the "City") contracts with the OCSD for law enforcement services and wishes to continue to participate in the Program; and, WHEREAS, a notice of public hearing with respect to the proposed new fee was given according to California Government Code Sections 66018 and 6062a; and, WHEREAS, the proposed hearing pertaining to the said proposed new fee was held at a regular meeting of the City Council on June 1, 2021. 6/1/2021 ATTACHMENT 7 - Page 17 of 19 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY RESOLVE, AS FOLLOWS: SECTION 1. The foregoing recitals are true and correct and are incorporated Iherein and made an operative part of this Resolution. SECTION 2. The City Council hereby confirms continued participation in the Traffic Violator Apprehension Program as part of the City's contract for law enforcement services with the OCSD. SECTION 3. As a participant in the Traffic Violator Apprehension Program, the City Council hereby adopts the same fee of $144.00 as approved by resolution of the Orange County Board of Supervisors on November 17, 2020 as allowed under Vehicle Code section 22850.5, and the provisions set forth in the County Resolution that govern imposition of the fee. SECTION 4. This Resolution shall become effective immediately upon its adoption. The City Clerk of the City of San Juan Capistrano shall certify as to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 1st day of June 2021. JOHt?t:YOR ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, Maria Morris, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 21-06-01-02 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 1st day of June 2021, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ( C ITY CLERK Hart, Bourne, Farias and Mayor Taylor None Mayor Pro Tern Reeve 6/1/2021 I I ATTACHMENT 7 - Page 18 of 19 � en µ.l :=> Ct � � z 0 -� <u- l,J.., ...., t"'"' � e.rJ u en � <C > 0 0:: Q.. p.. <C OCSD BUDGET USE ONLY ORANGE COUNTY SHERIFF-CORONER TRAFFIC VIOLATOR APPREHENSION PROGRAM CONTRACT CITY - Participating City Request to Purchase From the TV A in FY Date APPLICABIL TY QUANTITY ITEM DESCRIPTION TO TV A PROGRAM ESTIMATED COST THE CITY CERTIFIES THAT THE EQUIPMENT PURCHASED BY CITY AND TO BE REIMBURSED BY PROGRAM FUNDS WILL BE USED FOR ITS ENTIRE USEFUL LIFE EXCLUSIVELY FOR THE PURPOSES OF THE TRAFFIC VIOLATOR APPREHENSION PROGRAM CITY MANAGER REQUEST: Printed Name Signature: DATE ORANGE COUNTY SHERIFF-CORONER DEPARTMENT Recommended For Aooroval CITY POLICE SERVICES CHIEF MANAGER-TVA PROGRAM > -4 -4 > 0 :I: s:: m z -4 G) ATTACHMENT 7 - Page 19 of 19 RESOLUTION NO. 22-06-07-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO AMENDING RESOLUTION 21- 11-02-04, THE CITY’S PERSONNEL CLASSIFICATION AND COMPENSATION PLANS WHEREAS, the City Council of the City of San Juan Capistrano is authorized and directed under the City’s Personnel Rules and Regulations to adopt and amend a Personnel Classification and Compensation Plan in order to administer the City’s Personnel Management System; and, WHEREAS, the City desires to amend the Personnel Classification and Compensation Plans in order to implement a number of staffing changes reflected in the fiscal year 2022-23 budget; and, WHEREAS, the City’s Personnel Rules and Regulations provide that adoption or amendment of the City’s Personnel Classification and Compensation Plans shall be made by resolution of the City Council. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby; amend Resolution No. 21-11-02-04, the City’s Personnel Classification and Compensation Plans, deleting the classification and one position (1 FTE) of Assistant Director of Development Services; adding one Associate Planner position (1 FTE) at Grade 52; reclassifying the current Associate Planner and Housing Supervisor/Associate Planner positions (2 FTEs) to Senior Planners (2 FTEs) at Grade 57; adding one Limited-Term Administrative Specialist position (1 FTE) at Grade 36; defund the one Assistant City Manager position (1 FTE); adding a part-time Project Manager position (.75 FTE) at Grade 78 in the City Manager’s Department; approving the job description (Exhibit A), creating the classification of Assistant to the City Manager/Community Services Director, authorizing one position (1 FTE) at Grade 74, and approving the revised Executive salary tables (Exhibit B); deleting the Part-Time Office Assistant position (29-hours per week) in the Public Works Department; and adding two Part-Time Administrative Specialist positions (.75 FTE) at Grade 36, one in the Public Works Department and the other in Police Services. APPROVED AND ADOPTED this 7th day of June, 2022. ________________ DEREK REEVE, MAYOR ATTEST: _____________________________ MARIA MORRIS, CITY CLERK ATTACHMENT 8 - Page 1 of 2 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. XX was duly adopted by the City Council of the City of San Juan Capistrano at the Regular meeting thereof, held the 7th day of June, 2022, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: _________________________________ MARIA MORRIS, City Clerk ATTACHMENT 8 - Page 2 of 2 CITY OF SAN JUAN CAPISTRANO ASSISTANT TO THE CITY MANAGER/COMMUNITY SERVICES DIRECTOR Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job. DEFINITION To plan, direct, manage and coordinate the operations and activities of the Community Services Department; to coordinate assigned activities with other City departments, outside agencies and the general public; to coordinate and oversee a variety of complex and confidential matters in support of the City Manager. SUPERVISION RECEIVED AND EXERCISED Receives general administrative direction from the City Manager. Exercises direct supervision over management, supervisory, professional, technical, and clerical staff. ESSENTIAL FUNCTION STATEMENTS  Essential responsibilities and duties may include, but are not limited to, the following: Essential Functions: 1.In conjunction with the Community Services Manager (CSM), oversees and assumes management responsibility for all Community Services Department operations, services, programs and activities including leisure, human services, cultural and recreation activities. 2.Directs the CSM in development, implementation, and administration of Community Services plans, policies, and procedures; establishes departmental goals, objectives, and priorities. 3.In conjunction with CSM, oversees the development and administration of the Community Services Department and capital improvement budgets; directs the forecasting of funds needed for staffing, equipment, materials and supplies. 4.Establishes, within City policy, appropriate service and staffing levels and allocates resources accordingly. 5.In conjunction with CSM, selects, motivates, trains, and evaluates Community Services personnel; provides or coordinates staff training; works with employees to correct deficiencies; implements discipline and termination procedures as necessary. 6.In conjunction with CSM, plans, directs, and coordinates the Community Services Department's work plan; meets with staff to identify and resolve problems; assigns projects and programmatic areas of responsibility; reviews and evaluates work methods and procedures. 7.In conjunction with CSM, monitors workloads and evaluates the efficiency and effectiveness of service delivery methods and support systems; identifies opportunities for improvement and directs and implements changes. 8.Develops and assists in the development of strategies to accomplish City goals and objectives. EXHIBIT A - Page 1 of 3 9. Conducts major analytical and research assignments and develops recommendations on City-wide operational issues and objectives. 10. Prepares Requests for Proposal (RFP’s) and oversees bid processes; develops and negotiates joint use agreements and contracts; administers and monitors contracts and agreements. 11. Coordinates with the other departments regarding the implementation of capital improvement projects (CIP). 12. Serves as Project Manager in relation to the development of new parks and community services facilities; prioritizes projects in accordance with funding levels; monitors project activity. 13. Represents the Community Services Department to other City departments, elected officials, outside agencies, and the general public; explains and justifies departmental programs, activities, and policies. 14. Attends and participates in activities and special events initiated by the Community Services Department; maintains effective community relations. 15. Responds to public complaints, issues, and suggestions; prepares written responses to citizen complaints; and facilitates the resolution of complex, sensitive, and/or controversial issues. 16. Provides staff assistance to the City Manager; prepares and presents a variety of staff reports and other necessary correspondence. 17. Serves on assigned boards and commissions and provides staff support to same; Oversight of City’s real property activities. 18. Coordinates and collaborates with department heads and management staff; provides input as appropriate. 19. Monitors Federal and State legislation as well as County activities; advises the City Manager, City Council and department heads regarding legislative and other matters affecting City operations. 20. Assists the City Manager in the development of policies and municipal priorities for consideration and approval by the City Council; assists in the implementation of approved policies; develops administrative structures and procedures to effectively implement City Council policy. 21. Ensures that requests for service from citizens receive prompt and appropriate responses from City departments. 22. Attends City Council meetings and meetings of other commissions, boards and committees; serves as liaison between the City and community organizations. 23. Participates in a variety of professional group meetings; stays abreast of new development and changing legislation in municipal government community services and public administration. 24. Acts as the City’s Public Information Officer or oversees these duties if assigned to other staff 25. Performs related duties and responsibilities as required. EXHIBIT A - Page 2 of 3 QUALIFICATIONS Knowledge of: • Principles and practices of community services administration. • Current trends, developments and issues impacting community services. • Recreation, leisure, and community services literature and information sources. • Community services and recreation programming. • Program development and administration principles. • Methods for identifying citizen needs for community services programs. • Principles and methods of data collection and social research procedures. • Processes for developing and administering budgets. • Principles of supervision, training and performance evaluation. • Pertinent Federal, State and local laws, codes and regulations. • Operations, services, principles and activities of City management and public administration. • Methods and techniques of policy development and implementation. • Principles and practices of municipal budget preparation and administration. • Principles of supervision, training and performance evaluation. • Principles of business letter writing and report preparation. Skill in: • Directing the operations, services and activities of the Community Services Department. • Developing and implementing departmental plans, policies and procedures. • Identifying community requirements for recreation and human services. • Overseeing the effective delivery of community services programming. • Serving as Project Manager and coordinating capital improvement projects. • Planning, organizing, directing, and coordinating the work of staff assigned to Community Services and City Manager’s office. • Developing and administering large and complex budgets. • Preparing clear and concise administrative and financial reports. • Interpreting and applying Federal, State and local policies, laws and regulations. • Selecting, supervising, training, and evaluating the performance of assigned personnel. • Communicating clearly and concisely, both orally and in writing. • Establishing and maintaining effective working relationships with those contacted in the course of work • Understanding the organization and operation of the City as necessary to assume assigned responsibilities. • Identifying and responding to community and City Council issues, concerns and needs. • Analyzing problems, identifying alternative solutions, projecting consequences of proposed actions and implementing recommendations in support of goals. • Researching, analyzing and evaluating new service delivery methods and techniques. EXPERIENCE AND TRAINING GUIDELINES Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be: Experience: Five years progressively responsible experience, including supervisory experience. Training: Equivalent to a Bachelor’s Degree from an accredited college or university with major course work in recreation administration, physical education, public administration, business administration or a related field. Master’s Degree is desirable. Licenses or Certifications: Possession of, or ability to obtain, an appropriate valid driver's license. EXHIBIT A - Page 3 of 3 CITY OF SAN JUAN CAPISTRANO Effective Date: July 1, 2022 Exhibit B Executive Employee Salary Schedule 1.076814 Class Title Grade Step 1 Step 2 Step3 Step 4 Step 5 Community Services Manager 67 9,954 10,450 10,974 11,523 12,100 Human Resources Manager 67 9,954 10,450 10,974 11,523 12,100 Asst to the CM/Community Services Director 74 11,948 12,546 13,174 13,833 14,524 Development Services Director 78 13,191 13,850 14,545 15,270 16,034 Public Works Director 78 13,191 13,850 14,545 15,270 16,034 Chief Financial Officer 81 14,205 14,916 15,662 16,446 17,267 Assistant City Manager 81 14,205 14,916 15,662 16,446 17,267 City Clerk 11,495 City Manager 23,304 Per Contract Compensation Plan Monthly Salary Schedule EXHIBIT B - Page 1 of 2 CITY OF SAN JUAN CAPISTRANO Effective Date: July 1, 2023 Exhibit B Executive Employee Salary Schedule 1.103734 Class Title Grade Step 1 Step 2 Step3 Step 4 Step 5 Community Services Manager 67 10,203 10,712 11,248 11,811 12,403 Human Resources Manager 67 10,203 10,712 11,248 11,811 12,403 Asst to the CM/Community Services Director 74 12,247 12,860 13,503 14,179 14,887 Development Services Director 78 13,521 14,196 14,908 15,652 16,435 Public Works Director 78 13,521 14,196 14,908 15,652 16,435 Chief Financial Officer 81 14,560 15,289 16,054 16,857 17,698 Assistant City Manager 81 14,560 15,289 16,054 16,857 17,698 City Clerk 11,782 City Manager 23,887 Per Contract Compensation Plan Monthly Salary Schedule EXHIBIT B - Page 2 of 2 ATTACHMENT 9 - Page 1 of 3 ATTACHMENT 9 - Page 2 of 3 ATTACHMENT 9 - Page 3 of 3