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1999-0501_ORANGE , COUNTY OF_Agreement 6th Amd1 2 3 4 M M 7 8 9 10 11 12 i 13 14 15 16 17 1 18 19 20 21 22 �*z 24 25 26 27 28 0 0 SIXTH AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND THE COUNTY OF ORANGE THIS SIXTH AMENDMENT TO AGREEMENT is entered into this First day of May 1999, which date is enumerated for purposes of reference only, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "CITY", and the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY", to amend, effective July 1, 1999, that certain Agreement between the parties commencing July 1, 1995, hereinafter referred to as the "Agreement". 1. REGULAR SERVICES BY COUNTY For the period July 1, 1999, through June 30, 2000, Subsection C-4 of the Agreement is amended to read as follows: "4. The level of service, other than for licensing, to be provided by the COUNTY for the period July 1, 1999 through June 30, 2000, shall be as follows: Patrol/Traffic Services: • Fourteen (14) designated one -deputy units (40 hours per week, per unit) • Three (3) designated motorcycle units (40 hours per week, per unit) Deployment to be determined by SHERIFF in cooperation with CITY Manager. Community Support Unit: • Three (3) Deputy Sheriff II's (each 40 hours per week) Page 1 of 6 0 0 1 Investigation Services: 2 • Two (2) Investigators (each 80 hours per two-week pay period) 3 Supervision: 4 . One (1) Lieutenant (40 hours per week) 5 • Two and 50 percent (2.5) Sergeants 6 (one Sergeant equals 40 hours per week) 7 Parking Control: 8 • Two (2) Community Services Officers (each 40 hours per week) 9 South County Regional Support Services: 10 • 24 percent of one (1) Office Technician 11 • 10 percent of one (1) Sergeant - Traffic 12 • 10 percent of three (3) Deputy Sheriff I I's - Traffic 13 • 10 percent of one (1) Office Specialist - Traffic 14 • 9 percent of two (2) Investigative Assistants - South Court" 15 2. For the period July 1, 1999 through June 30, 2000, Subsections G-2 and G-3 of 1e the Agreement are amended to read as follows: 17 "2. Unless the level of service described in Subsection C-4 is increased or 18 decreased, or CITY is required to pay for increases as set forth in Subsection 19 G-12, the cost of services described in Subsection C-4 of this Agreement, other 20 than Licensing Services, to be provided by the COUNTY for the period July 1, 21 1999 through June 30, 2000, shall be as follows: 22 SERVICE COST OF SERVICE 23 Patrol/Traffic Services: 24 . Fourteen (14) Patrol Units 25 @ $126,828/units $1,775,592 26 • Three (3) Motorcycle Patrol Unit 27 @ $120,499/Unit $ 361,497 28 Page 2 of 6 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 19 19 !, 20 21 22 23 24 25 26 27 26 0 0 SERVICE COST OF SERVICE Community Support Unit: • Three (3) Deputy Sheriff II's @ $121,829/each $ 365,487 Investigation Services: • Two (2) Investigators @ $135,472/each $ 270,944 Supervision: • One (1) Lieutenant @ $160,177/each $ 160,177 • Two and 50 percent (2.5) Sergeants @ $144,125/each $ 360,313 Parking Control: • Two (2) Community Services Officers @ $65,576/each $ 131,152 South County Regional Support: • 24% of one (1) Office Technician @ $39,680/each $ 9,524 • 10% of one (1) Sergeant -Traffic @ $136,821/each $ 13,683 • 10% of three (3) Deputy Sheriff II's - Traffic @ $113,846/each $ 34,152 • 10% of one (1) Office Specialist -Traffic @ $46,339/each $ 4,633 • 9% of two (2) Investigative Assistants - South Court @ $49,958/each $ 8,994 Page 3 of 6 0 0 1 SERVICE COST OF SERVICE 2 Other Charges and Credits: $ 129,926 3 Charges: Contract Management; premium pay for 4 bilingual staff; vacation, on-call and holiday pay; 6 mileage interest, and camera replacement. 6 Credits: False alarm fees; reimbursement for training 7 and miscellaneous programs. a TOTAL COST OF SERVICES $" 9 "3. Unless the level of service described in Subsection C-4 is increased or 10 decreased, or CITY is required to pay for increases as set forth in Subsection 11 G-12 the Maximum Obligation of CITY for services, other than Licensing 12 Services, that are referenced in Subsection C-4 of this Agreement and 13 rendered by COUNTY between July 1, 1999 and June 30, 2000, is 14 $3,626,074." 15 3. For the period July 1, 1999 through June 30, 2000, Subsection G-12 is amended 16 to read as follows: 17 "12. a. At the time this Agreement is executed, there are unresolved issues 16 pertaining to potential increases in (1) retirement contributions and rates for 19 all COUNTY staff and (2) salaries and benefits for COUNTY law 20 enforcement management and peace officer staff. The costs of such 21 potential increases are not included in the Maximum Obligation of CITY set 22 forth in Subsection G-3 of this Agreement. If COUNTY incurs or becomes 23 obligated to pay for any such increases for or on account of personnel 24 whose costs are included in the calculations of costs charged to CITY 26 hereunder, CITY shall pay COUNTY, in addition to the Maximum Obligation 26 set forth in Subsection G-3 of this Agreement, the full costs of said 27 increases to the extent such increases are attributable to work performed 28 by such personnel during the term of this Agreement, and CITY's Maximum Page 4 of 6 0 0 1 Obligation hereunder shall be deemed to have increased accordingly. 2 CITY shall pay COUNTY in full for such increases on a pro -rata basis over 3 the portion of the period between July 1, 1999 and June 30, 2000 4 remaining after COUNTY notifies CITY that increases are payable. 5 b. If CITY is required to pay for increases as set forth in Subsection G -12-a 6 above, COUNTY, at the request of CITY, will thereafter reduce the level of 7 service to be provided to CITY pursuant to Subsection C-4 of this 8 Agreement to a level that will make the Maximum Obligation of CITY 9 hereunder for the period July 1, 1999 through June 30, 2000 an amount 10 specified by CITY that is equivalent to or higher than the Maximum 11 Obligation set forth in Subsection G-3 for said period at the time the Sixth 12 Amendment to the Agreement originally was executed. The purpose of 13 such adjustment of service levels will be to give CITY the option of keeping 14 its Maximum Obligation hereunder at the pre -increase level or at any other 15 higher level specified by CITY. In the event of such reduction in level of 16 service and adjustment of costs, the parties shall execute an amendment 17 to this Agreement so providing. Decisions about how to reduce the level of 18 service provided to CITY shall be made by SHERIFF with the approval of 19 CITY." 20 4. All other provisions of the Agreement, to the extent that they are not in conflict with 21 this SIXTH AMENDMENT TO AGREEMENT, remain unchanged. 22 23 H 24 // 25 H 26 H 27 /( 28 Page 5 of 6 0 1 IN WITNESS WHEREOF, the parties have executed the SIXTH 2 AMENDMENT TO AGREEMENT in the County of Orange, State of California. 3 DATED: July 6, 1999 a 5 ATTEST6CITY F=JUANISTRANO s ATTEST: s Cit le BY: 7 JO GREINER, MAYOR 8 APPROVED AS TO FORM: s <:1)4� 10 BY: UcifSrAttorney 11 ---------------------------------------------------------------------------------------------------------------- 12 13 DATED: Y 4y6/1 14 COUNTY OF ORANGE G% -meq 15 16 BY: Chairman of the Board of 17 Supervisors 19 SIGNED AND CERTIFIED THAT A COPY 19 OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. zo BY:;m 21 Darlene J. Bloom °�u,,,,;�` 22 Clerk of the Board of Supervisors of Orange County, California 23 24 APPROVED AS TO FORM: 25 Laurence M. Watson, County Counsel Orange County, California 26 BY• 27 Deputy 28 DATED: 6/2/99 Page 6 of 6 f � n 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 FIFTH AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND THE COUNTY OF ORANGE THIS FIFTH AMENDMENT TO AGREEMENT is entered into this First day of May 1998, which date is enumerated for purposes of reference only, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "CITY", and the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY", to amend, effective July 1, 1998, that certain Agreement between the parties commencing July 1, 1995, hereinafter referred to as the "Agreement". 1. REGULAR SERVICES BY COUNTY 25 26 27 28 For the period July 1, 1998, through June 30, 1999, Subsection C-4 of the Agreement is amended to read as follows: 'A. The level of service, other than for licensing, to be provided by the COUNTY for the period July 1, 1998 through June 30, 1999, shall be as follows: Patrol/Traffic Services: • Fifteen (15) designated one -deputy units (40 hours per week, per unit) • One (1) designated motorcycle unit (40 hours per week) Deployment to be determined by SHERIFF in cooperation with CITY Manager. Commercial Vehicle Inspection Unit: • 50 percent of one (1) Deputy Sheriff 11 (20 hours per week) Page 1 of 6 r� 1 2 3 4 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 FIFTH AMENDMENT TO AGREEMENT -1=11ITA =1 =1Z1111111:14 CITY OF SAN JUAN CAPISTRANO AND THE COUNTY OF ORANGE THIS FIFTH AMENDMENT TO AGREEMENT is entered into this First day of May 1998, which date is enumerated for purposes of reference only, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "CITY", and the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY", to amend, effective July 1, 1998, that certain Agreement between the parties commencing July 1, 1995, hereinafter referred to as the "Agreement'. 1. REGULAR SERVICES BY COUNTY 26 27 28 For the period July 1, 1998, through June 30, 1999, Subsection C-4 of the Agreement is amended to read as follows: "4. The level of service, other than for licensing, to be provided by the COUNTY for the period July 1, 1998 through June 30, 1999, shall be as follows: Patrol/Traffic Services: • Fifteen (15) designated one -deputy units (40 hours per week, per unit) • One (1) designated motorcycle unit (40 hours per week) Deployment to be determined by SHERIFF in cooperation with CITY Manager. Commercial Vehicle Inspection Unit: 50 percent of one (1) Deputy Sheriff II (20 hours per week) Page 1 of 6 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 E SERVICE • One (1) Motorcycle Patrol Unit @ $120,954/Unit Commercial Vehicle Inspection Unit: • 50% of one (1) Deputy Sheriff 11 @ $116,521/unit Community Support Unit: • Three (3) Deputy Sheriff 11's @ $120,241 /each Investigation Services: • Two (2) Investigators @ $131,821 /each Supervision: • One (1) Lieutenant @ $131,700/each • Two and 50 percent (2.5) Sergeants @ $143,093/each Parking Control: • Two (2) Community Services Officers @ $57,134/each South County Regional Support: • 24% of one (1) Office Technician @ $37,318/each • 9% of one (1) Sergeant - Traffic @ $132,860/each • 9% of two (2) Deputy Sheriff 11's - Traffic @ $114,950/each Page 3 of 6 COST OF SERVICE $ 120,954 $ 58,261 $ 360,723 $ 263,642 $ 131,700 $ 357,732 $ 114,268 $ 8,956 $ 11,957 $ 20,691 1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SERVICE COST OF SERVICE 9% of one (1) Office Specialist - Traffic @ $46,023/each 11 % of two (2) Investigative Assistants - South Court @ $38,369/each Other Charges and Credits: Charges: Contract Management; premium pay for bilingual staff; vacation, on-call and holiday pay; mileage interest, and camera replacement. Credits: False alarm fees; reimbursement for training and miscellaneous programs. $ 4,142 $ 8,442 $ 121,242 TOTAL COST OF SERVICES 3.434.340" "3. Unless the level of service described in Subsection C-4 is increased or decreased, or CITY is required to pay for increases as set forth in Subsection G-12 the Maximum Obligation of CITY for services, other than Licensing Services, that are referenced in Subsection C-4 of this Agreement and rendered by COUNTY between July 1, 1998 and June 30, 1999, is $3,434,340." 13. For the period July 1, 1998 through June 30, 1999, Subsection G-12 is amended to read as follows: "12. a. At the time this Agreement is executed, there are unresolved issues pertaining to potential increases in (1) retirement contributions and rates for all COUNTY staff and (2) salaries and benefits for COUNTY management staff and non -peace officer staff. The costs of such potential increases are not included in the Maximum Obligation of CITY set forth in Subsection G-3 of this Agreement. If COUNTY incurs or becomes obligated to pay for any such increases for or on account of personnel whose costs are included in the calculations of costs charged to CITY Page 4 of 6 r; 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 hereunder, CITY shall pay COUNTY, in addition to the Maximum Obligation set forth in Subsection G-3 of this Agreement, the full costs of said increases to the extent such increases are attributable to work performed by such personnel during the term of this Agreement, 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, 1998 and June 30, 1999 remaining after COUNTY notifies CITY that increases are payable. b. If CITY is required to pay for increases as set forth in Subsection G -12-a above, COUNTY, at the request of CITY, will thereafter reduce the level of service to be provided to CITY pursuant to Subsection C-4 of this Agreement to a level that will make the Maximum Obligation of CITY hereunder for the period July 1, 1998 through June 30, 1999 an amount specified by CITY that is equivalent to or higher than the Maximum Obligation set forth in Subsection G-3 for said period at the time the Fifth Amendment to the 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 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. 4. All other provisions of the Agreement, to the extent that they are not in conflict with this FIFTH AMENDMENT TO AGREEMENT, remain unchanged. // // Page 5 of 6 1 IN WITNESS WHEREOF, the parties have executed the FIFTH 2 AMENDMENT TO AGREEMENT in the County of Ora e, tate California. 3 DATED: 4 i 5 ATTEST: "- SAN JUAN CAPISTRANO s City ler{ BY: 7 Mayor 8 APPROVED AS TO FORM: s 10 BY: 11 City Attorney 12 ---------------------------------------------------------------------------------------------------------------- 13 DATED: a 14 COUNTY OF ORANGE 1s 16 BY: 17 Chairman of the Board of Supervisors 18 SIGNED AND CERTIFIED THAT A COPY 1s OF THIS DOCUMENT HAS BEEN DELIVERED 20 TO THE f HAIRMAN OFT E BOARD. 21 BY: c U o 22 Darlene J. Bloom Clerk of the Board of Supervisors 23 of Orange County, California 24 25 APPROVED AS TO FORM: Lawrence M. Watson, County Counsel 26 Orange County,, California 27 BY:C� 67i,P7- 28 Deputy 5/8/98 Page 6 of 6 Ir 0 1 FOURTH AMENDMENT TO AGREEMENT 2 BETWEEN THE 3 CITY OF SAN JUAN CAPISTRANO 4 AND THE 5 COUNTY OF ORANGE 6 7 THIS FOURTH AMENDMENT TO AGREEMENT is entered into this 8 First day of May 1997, which date is enumerated for purposes of reference only, by 9 and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as 10 "CITY", and the COUNTY OF ORANGE, a political subdivision of the State of 11 California, hereinafter referred to as "COUNTY", to amend, effective July 1, 1997, that 12 certain Agreement between the parties commencing July 1, 1995, hereinafter referred 13 to as the "Agreement". 14 1. REGULAR SERVICES BY COUNTY 15 For the period July 1, 1997, through June 30, 1998, Subsection C-4 of the 16 Agreement is amended to read as follows: 17 'A. The level of service, other than for licensing, to be provided by the COUNTY 18 for the period July 1, 1997 through June 30, 1998, shall be as follows: 19 Patrol/Traffic Services: 20 . Fifteen (15) designated one -deputy units 21 (40 hours per week, per unit) 22 • One (1) designated motorcycle unit 23 (40 hours per week) 24 Deployment to be determined by Sheriff -Coroner, hereinafter referred to as 25 "SHERIFF", in cooperation with CITY Manager. 26 Commercial Vehicle Inspection Unit: 27 50 percent of one (1) Deputy Sheriff II 28 (20 hours per week) Page 1 of 6 0 9 1 Community Support Unit: 2 • Three (3) Deputy Sheriff II's (each 40 hours per week) 3 Investigation Services: 4 • Two (2) Investigators (each 80 hours per two-week pay period) 5 Supervision: 6 • One (1) Lieutenant (40 hours per week) 7 • Two and 50 percent (2.5) Sergeants 8 (one Sergeant equals 40 hours per week) 9 Parking Control: 10 • Two (2) Community Services Officers (each 40 hours per week) 11 South County Regional Support Services: 12 • 24 percent of one (1) Office Assistant 13 • 08 percent of one (1) Sergeant - Traffic 14 • 08 percent of two (2) Deputy Sheriff II's - Traffic 15 • 08 percent of one (1) Office Specialist - Traffic 16 10 percent of one (1) Office Specialist - South Court" 17 2. For the period July 1, 1997 through June 30, 1998, Subsections G-2 and G-3 of 18 the Agreement are amended to read as follows: 19 "2. Unless the level of service described in Subsection C-4 is increased or 20 decreased, or CITY is required to pay for increases as set forth in Subsection 21 G-12, the cost of services described in Subsection C-4 of this Agreement, other 22 than Licensing Services, to be provided by the COUNTY for the period July 1, 23 1997 through June 30, 1998, shall be as follows: 24 SERVICE COST OF SERVICE 25 Patrol/Traffic Services: 26 Fifteen (15) Patrol Units 27 @ $114,679/units $1,720,185 28 // Page 2 of 6 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 SERVICE • One (1) Motorcycle Patrol Unit @ $110,639/Unit Commercial Vehicle Inspection Unit: • 50% of one (1) Deputy Sheriff II @ $111,682/unit Community Support Unit: • Three (3) Deputy Sheriff II's @ $110,035/each Investigation Services: • Two (2) Investigators @ $129,926/each Supervision: • One (1) Lieutenant @ $129,637/each • Two and 50 percent (2.5) Sergeants @ $132,802/each Parking Control: • Two (2) Community Services Officers @ $57,183/each South County Regional Support: • 24% of one (1) Office Assistant @ $37,786/each • 08% of one (1) Sergeant - Traffic @ $123,322/each • 08% of two (2) Deputy Sheriff II's - Traffic @ $101,793/each Page 3 of 6 11 COST OF SERVICE $ 110,639 $ 55,841 $ 330,105 $ 259,852 $ 129,637 $ 332,005 $ 114,366 $ 9,069 $ 9,865 $ 16,288 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 n 18 19 20 21 22 23 24 25 26 27 28 0 LJ SERVICE COST OF SERVICE • 08% of one (1) Office Specialist - Traffic @ $43,551 /each $ 3,484 • 10% of one (1) Office Specialist -South Court @ $43,551/each $ 4,355 Other Charges and Credits: $ 97,823 Charges: Contract Management; premium pay for bilingual staff; vacation, on-call and holiday pay; mileage interest, and camera replacement. Credits: False alarm and report copying fees and reimbursement for training. TOTAL COST OF SERVICES 3.193.51 " "3. Unless the level of service described in Subsection C-4 is increased or decreased, or CITY is required to pay for increases as set forth in Subsection G-12 the Maximum Obligation of CITY for services, other than Licensing Services, that are referenced in Subsection C-4 of this Agreement and rendered by COUNTY between July 1, 1997 and June 30, 1998, is $3,193,514." 3. For the period July 1, 1997 through June 30, 1998, Subsection G-12 is added to read as follows. "12, a. At the time the costs of services to be provided to CITY between July 1, 1997 and June 30, 1998 were determined, it was not yet determined whether COUNTY's employees would receive increases in compensation, including benefits. The costs of such increases are not included in the Maximum Obligation set forth in Subsection G-3 for said period. If collective bargaining agreements result in COUNTY's incurring additional costs for any personnel assigned to CITY for work by those personnel in CITY between July 1, 1997 and June 30, 1998, CITY will pay COUNTY the Page 4 of 6 1 2 3 4 5 6 7 8 s 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 full cost of said increases in addition to the Maximum Obligation set forth in Subsection G-3 for said period. CITY shall pay its obligations for such increases on a pro -rata basis over the portion of the period between July 1, 1997 and June 30, 1998 remaining after CITY is notified by COUNTY that increases are payable. b. If CITY is required to pay for cost increases as described above, COUNTY, at the request of CITY, will reduce the level of service provided to CITY pursuant to Subsection C-4 of this Agreement to a level that will make the Maximum Obligation of CITY between July 1, 1997 and June 30, 1998 an amount specified by CITY that is equivalent to or higher than the Maximum Obligation set forth in Subsection G-3 for said period, thereby giving CITY the option of keeping its Maximum Obligation or said period at the pre -increase level or at any other higher level specified by CITY. In the event of such reduction in level of service and adjustment of costs, the parties shall execute an amendment to this Agreement so providing. Decisions about how to reduce the level of service provided to CITY will be made by SHERIFF with the approval of CITY." 4. All other provisions of the Agreement, to the extent that they are not in conflict with this FOURTH AMENDMENT TO AGREEMENT, remain unchanged. Page 5 of 6 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 C� IA IN WITNESS WHEREOF, the parties have executed the FOURTH AMENDMENT TO AGREEMENT in the County of Orange, State of California. DATED: CITY OF SAN JUAN CAPISTRANO ATTEST: 6Zo �f'Y�-- R � BY: /d- ' —� /Mayor APPROVED AS TO FORM: BY: ity Attorney DATED: / ;? - 7 COUNTY OF ORANGE BY: O G - _ Chairman of the Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. Atiesr V BY:Iwo Darlene J. Bloom Clerk of the Board of Supervi rs of Orange County, California APPROVED AS TO FORM: Lawrence M. Watson, County Counsel Orange County, California K/ BYA� Deputy 4/24/97 Page 6 of 6 1 r ORANGE COUNTY BOARD OF SUPERVISORS MINUTE ORDER %ke ollaaa r f a "re"take 4 tka Toand ed Sum o s it 22. 1997. APPROVED AS RECOMMENDED E OTHER ❑ Unanimous ■ (I) Smith (2) Silva (3) Spitzer (4) Steiner (5) Wilson Vote Key: Y= Yes; N=No; .4 =Abstain; X=Excused,- B. 0. =Board Order Documents accompanying this matter: ❑ Resolution(s) ❑ Ordinances(s) ❑ Contract(s) �C3ff. �. rTft'� •t7-ff.3ll � - , a ni - � i � � . Topic: Approve Amendment 4 to Agreement with City of San Juan Capistrano for law enforcement services, 7/1/97 - 6/30/98 ($3,193,514) - District 5 File No. 16321 Item No. 2¢ Special Notes: Copies sent to: c:\user\rninordmd.doc I certify that the foregoing is a true and correct copy of the Minute Order adopted by the Board of Supervisors, Orange County, State of California. DARLENE J. BLOOM, Clerk of the Board By: �Z[�C /l`Lh-Lcyv Deputy 20 21 22 23 24 25 26 27 28 ! 0 THIRD AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND THE COUNTY OF ORANGE THIS THIRD AMENDMENT TO AGREEMENT is entered into this First day of December 1996, which date is enumerated for purposes of reference only, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "CITY," and the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY," to amend, effective July 1, 1996, that certain Agreement between the parties commencing July 1, 1995, hereinafter referred to as "Agreement." 1. REGULAR SERVICES BY COUNTY For the period July 1, 1996, through June 30, 1997, Subsection C-4 of the Agreement is amended to read as follows: "4. The level of service, other than for licensing, to be provided by the COUNTY for the period July 1, 1996 through June 30, 1997, shall be as follows: Patrol/Traffic Services: • Fourteen (14) designated one -deputy units (40 hours per week, per unit) • One (1) designated one -deputy unit (January 1, 1997 - June 30, 1997) (40 hours per week) • One (1) designated one -deputy unit (January 17, 1997 - June 30, 1997) (40 hours per week) Deployment to be determined by Sheriff -Coroner, hereinafter referred to as "SHERIFF," in cooperation with CITY Manager. Page 1 of 5 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 n 18 19 20 21 22 23 24 25 26 27 28 ! 0 THIRD AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND THE COUNTY OF ORANGE THIS THIRD AMENDMENT TO AGREEMENT is entered into this First day of December 1996, which date is enumerated for purposes of reference only, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "CITY," and the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY," to amend, effective July 1, 1996, that certain Agreement between the parties commencing July 1, 1995, hereinafter referred to as "Agreement." 1. REGULAR SERVICES BY COUNTY For the period July 1, 1996, through June 30, 1997, Subsection C-4 of the Agreement is amended to read as follows: "4. The level of service, other than for licensing, to be provided by the COUNTY for the period July 1, 1996 through June 30, 1997, shall be as follows: Patrol/Traffic Services: • Fourteen (14) designated one -deputy units (40 hours per week, per unit) • One (1) designated one -deputy unit (January 1, 1997 - June 30, 1997) (40 hours per week) • One (1) designated one -deputy unit (January 17, 1997 - June 30, 1997) (40 hours per week) Deployment to be determined by Sheriff -Coroner, hereinafter referred to as "SHERIFF," in cooperation with CITY Manager. Page 1 of 5 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 Commercial Vehicle Inspection Unit: • 50 percent of one (1) Deputy Sheriff II (20 hours per week) Community Support Unit: • Three (3) Deputy Sheriff II's (each 40 hours per week) Investigation Services: • Two (2) Investigators (each 80 hours per two-week pay period) Supervision: • One (1) Lieutenant (40 hours per week) • Two and 50 percent (2.5) Sergeants (one Sergeant equals 40 hours per week) Parking Control: • Two (2) Community Services Officers (each 40 hours per week) South County Regional Support Services: • 23 percent of one (1) Office Assistant • 08 percent of two (2) Deputy Sheriff II's - Traffic • 08 percent of one (1) Investigation Aide - Traffic • 10 percent of one (1) Investigation Aide - South Court" 2. For the period July 1, 1996 through June 30, 1997, Subsections G-2 and G-3 of the Agreement are amended to read as follows: "2. Unless the level of service described in Section C-4 is increased or decreased, the cost of services described in Section C-4 of this Agreement, other than Licensing Services, to be provided by the COUNTY for the period July 1, 1996 through June 30, 1997, shall be as follows: SERVICE COST OF SERVICE Patrol/Traffic Services: • Fourteen (14) Units @ $116,778/units Page 2 of 5 $1,634,892 77 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SERVICE • One (1) Unit (January 1, 1997 - June 30, 1997) @ $116,778/unit • One (1) Unit (January 17, 1997 - June 30, 1997) Commercial Vehicle Inspection Unit: • 50% of one (1) Deputy Sheriff II @ $109,290/unit Community Support Unit: • Three (3) Deputy Sheriff II's @ $111,486/each Investigation Services: • Two (2) Investigators @ $129,351/each Supervision: • One (1) Lieutenant @ $134,465/each • Two and 50 percent (2.5) Sergeants @ $137,284/each Parking Control: • Two (2) Community Services Officers @ $57,781 /each South County Regional Support: • 23% of one (1) Office Assistant @ $37,568/each • 08% of two (2) Deputy Sheriff ll's - Traffic @ $101,674/each • 08% of one (1) Investigation Aide - Traffic @ $42,833/each Page 3 of 5 COST OF SERVICE $ 58,389 $ 49,226 $ 54,645 $ 334,458 $ 258,702 $ 134,465 $ 343,210 $ 115,562 $ 8,641 $ 16,268 $ 3,427 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • • 10% of one (1) Investigation Aide -South Court @ $42,833/each $ 4,283 SERVICE COST OF SERVICE Other Charges and Credits: $ 103,654 Charges: Contract Management; premium pay for bilingual staff; vacation, on-call and holiday pay; ECB upgrade; mileage interest; and three hand-held radios. Credits: False alarm and report copying fees and reimbursement for training. TOTAL COST OF SERVICES $3.119.822 "3. Unless the level of service described in Section C-4 is increased, the Maximum Obligation of CITY for services, other than Licensing Services, that are referenced in Section C-4 of this Agreement and rendered by COUNTY between July 1, 1996 and June 30, 1997, is $3,119,822." 3. All other provisions of the Agreement, as previously amended, to the extent that they are not in conflict with this THIRD AMENDMENT TO AGREEMENT, remain unchanged. Page 4 of 5 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 • • • 10% of one (1) Investigation Aide -South Court @ $42,833/each $ 4,283 SERVICE COST OF SERVICE Other Charges and Credits: $ 103,654 Charges: Contract Management; premium pay for bilingual staff; vacation, on-call and holiday pay; ECB upgrade; mileage interest; and three hand-held radios. Credits: False alarm and report copying fees and reimbursement for training. TOTAL COST OF SERVICES $3.119.822 "3. Unless the level of service described in Section C-4 is increased, the Maximum Obligation of CITY for services, other than Licensing Services, that are referenced in Section C-4 of this Agreement and rendered by COUNTY between July 1, 1996 and June 30, 1997, is $3,119,822." 3. All other provisions of the Agreement, as previously amended, to the extent that they are not in conflict with this THIRD AMENDMENT TO AGREEMENT, remain unchanged. Page 4 of 5 .z 1 2 3 4 5 s 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 IN WITNESS WHEREOF, the parties have executed the THIRD AMENDMENT TO AGREEMENT in the County of Orange, State of California. DATED: ��2,/2--7 ATTEST: ',fir F CITY OF SAN JUAN CAPISTRANO City ler APPROVED AS TO FORM: M DATED: %7 COUNTY OF ORANGE BY: aka,*. G. - Chairman of the Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. rct�rz •. n BY: 9� Darlene J. BloonV Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM: Lawrence M. Watson, County Counsel Orange County, California BY:./,yir Deputy 11126/96 754 Page 5 of 5 City Attorney t .7 , q7 AP . Y' 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 0 • SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND THE COUNTY OF ORANGE THIS SECOND AMENDMENT TO AGREEMENT is entered into this First day of October 1996, which date is enumerated for purposes of reference only, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "CITY," and the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY," to amend, effective July 1, 1996, that certain Agreement between the parties commencing July 1, 1995, hereinafter referred to as the "Agreement." 1. REGULAR SERVICES BY COUNTY For the period July 1, 1996, through June 30, 1997, Subsection C-4 of the Agreement is amended to read as follows: "4. The level of service, other than for licensing, to be provided by the COUNTY for the period July 1, 1996 through June 30, 1997, shall be as follows: Patrol/Traffic Services: • Fourteen (14) designated one -deputy units (40 hours per week, per unit) • One (1) designated one -deputy unit (January 1, 1997 - June 30, 1997) (40 hours per week, per unit) Deployment to be determined by Sheriff -Coroner, hereinafter referred to as "SHERIFF," in cooperation with CITY Manager. Commercial Vehicle Inspection Unit: • 50 percent of one (1) Deputy Sheriff II (20 hours per week) Page 1 of 5 a • 1 Community Support Unit: 2 • Three (3) Deputy Sheriff H's (each 40 hours per week) 3 Investigation Services: 4 • Two (2) Investigators (each 80 hours per two-week pay period) 5 Supervision: 6 • One (1) Lieutenant (40 hours per week) 7 • Two and 50 percent (2.5) Sergeants s (one Sergeant equals 40 hours per week) s Parking Control: 10 • Two (2) Community Services Officers (each 40 hours per week) 11 South County Regional Support Services: 12 • 23 percent of one (1) Office Assistant 13 • 08 percent of two (2) Deputy Sheriff II's - Traffic 14 • 08 percent of one (1) Investigation Aide - Traffic 15 • 10 percent of one (1) Investigation Aide -South Court" 16 2. For the period July 1, 1996 through June 30, 1997, Subsections G-2 and G-3 of the 17 Agreement are amended to read as follows: 18 "2. Unless the level of service described in Section C-4 is increased or decreased, 19 the cost of services described in Section C-4 of this Agreement, other than 20 Licensing Services, to be provided by the COUNTY for the period July 1, 1996 21 through June 30, 1997, shall be as follows: 22 SERVICE COST OF SERVICE 23 Patrol/Traffic Services: 24 • Fourteen (14) Units 25 @ $116,778/units $1,634,892 26 • One (1) Unit (January 1, 1997 - June 30, 1997) 27 @ $116,778/unit $ 58,389 28 11 Page 2 of 5 • 0 1 SERVICE COST OF SERVICE 2 Commercial Vehicle Inspection Unit: 3 50% of one (1) Deputy Sheriff II 4 @ $109,290/unit $ 54,645 5 Community Support Unit: 6 • Three (3) Deputy Sheriff ll's 7 @ $111,486/each $ 334,458 8 Investigation Services: 9 • Two (2) Investigators 10 @ $129,351/each $ 258,702 >> Supervision: 12 • One (1) Lieutenant 13 @ $134,465/each $ 134,465 14 • Two and 50 percent (2.5) Sergeants 15 @ $137,284/each $ 343,210 16 Parking Control: • Two (2) Community Services Officers 18 @ $57,781/each $ 115,562 19 South County Regional Support: 20 • 23% of one (1) Office Assistant 21 @ $37,568/each $ 8,641 22 • 08% of two (2) Deputy Sheriff It's - Traffic 23 @ $101,674/each $ 16,268 24 • 08% of one (1) Investigation Aide - Traffic 25 @ $42,833/each $ 3,427 26 • 10% of one (1) Investigation Aide - South Court 27 @ $42,833/each $ 4,283 28 Page 3 of 5 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 a 11 SERVICE COST OF SERVICE Other Charges and Credits: $ 101,075 Charges: Contract Management; premium pay for bilingual staff; vacation, on-call and holiday pay; ECB upgrade; mileage interest; and two hand-held radios. Credits: False alarm and report copying fees and reimbursement for training. TOTAL COST OF SERVICES $3.068.017 "3. Unless the level of service described in Section C-4 is increased, the Maximum Obligation of CITY for services, other than Licensing Services, that are referenced in Section C-4 of this Agreement and rendered by COUNTY between July 1, 1996 and June 30, 1997, is $3,068,017." 3. All other provisions of the Agreement, to the extent that they are not in conflict with this SECOND AMENDMENT TO AGREEMENT, remain unchanged. I // Page 4 of 5 a 9 1 IN WITNESS WHEREOF, the parties have executed the SECOND 2 AMENDMEN"I TO AGREEMENT in the County of Orange, State /of California. 3 DATED: 4 � CITY OF SAN JUAN CAPISTRANO 5 ATTEST: - 6 Ciy, C1 rk BY:�4 7 Mayor 8 APPROVED AS TO FORM: s 10 BY: ity Attorney p/r�q6 11 DATED: 12 13 CQWKITY OF ORANGE 14 B 15 airm n of the Board of 16 Supervisors 17 SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED 18 �I TO THE CHAIRMAN OF THE BOARD. 19 20 Darlene J. Eiloom Clerk of the Board of Supervisors 21 of Orange County, California 22 23 APPROVED AS TO FORM: Lawrence M. Watson, County Counsel 24 Orange County, California 25 BY: 26 Deputy 27 9/23/96 28 Page 5 of 5 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND THE COUNTY OF ORANGE THIS FIRST AMENDMENT TO AGREEMENT is entered into this First day of May 1996, which date is enumerated for purposes of reference only, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "CITY," and the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY," to amend, effective July 1, 1996, that certain Agreement between the parties commencing July 1, 1995, hereinafter referred to as the "Agreement." 1. REGULAR SERVICES BY COUNTY For the period July 1, 1996, through June 30, 1997, Subsection C-4 of the Agreement is amended to read as follows: 'A. The level of service, other than for licensing, to be provided by the COUNTY for the period July 1, 1996 through June 30, 1997, shall be as follows: Patrol/Traffic Services: • Fourteen (14) designated one -deputy units (40 hours per week, per unit) Deployment to be determined by Sheriff -Coroner, hereinafter referred to as "SHERIFF," in cooperation with CITY Manager. Commercial Vehicle Inspection Unit: • 50 percent of one (1) Deputy Sheriff II (20 hours per week) Community Support Unit: Three (3) Deputy Sheriff II's (each 40 hours per week) Page 1 of 6 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND THE COUNTY OF ORANGE THIS FIRST AMENDMENT TO AGREEMENT is entered into this First day of May 1996, which date is enumerated for purposes of reference only, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "CITY," and the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY," to amend, effective July 1, 1996, that certain Agreement between the parties commencing July 1, 1995, hereinafter referred to as the "Agreement." 1. REGULAR SERVICES BY COUNTY For the period July 1, 1996, through June 30, 1997, Subsection C-4 of the Agreement is amended to read as follows: 'A. The level of service, other than for licensing, to be provided by the COUNTY for the period July 1, 1996 through June 30, 1997, shall be as follows: Patrol/Traffic Services: • Fourteen (14) designated one -deputy units (40 hours per week, per unit) Deployment to be determined by Sheriff -Coroner, hereinafter referred to as "SHERIFF," in cooperation with CITY Manager. Commercial Vehicle Inspection Unit: • 50 percent of one (1) Deputy Sheriff II (20 hours per week) Community Support Unit: Three (3) Deputy Sheriff II's (each 40 hours per week) Page 1 of 6 1 Investigation Services: 2 . Two (2) Investigators (each 80 hours per two-week pay period) 3 Supervision: 4 . One (1) Lieutenant (40 hours per week) 5 • Two and 50 percent (2.5) Sergeants 6 (one Sergeant equals 40 hours per week) 7 Parking Control: 8 • Two (2) Community Services Officers (each 40 hours per week) 9 South County Regional Support Services: 10 • 23 percent of one (1) Office Assistant 11 • 08 percent of two (2) Deputy Sheriff It's - Traffic 12 • 08 percent of one (1) Investigation Aide - Traffic 13 • 10 percent of one (1) Investigation Aide -South Court" 14 2. For the period July 1, 1996 through June 30, 2000, Subsection C-8 of the 15 Agreement is amended to read as follows: 16 "8. With respect to the licensing ordinances of CITY listed in Attachment AA, which 17 is attached hereto and incorporated herein by this reference, SHERIFF shall 18 receive applications for CITY licenses pursuant to said ordinances and complete 19 investigations relating to such applications. Said investigations shall be 20 forwarded to CITY Manager. COUNTY shall not provide any advisory, 21 administrative, hearing or litigation attorney support or services related to 22 licensing. COUNTY shall not provide any administrative or investigatory service 23 related to the licensing ordinances listed in Attachment AA, hereto, except the 24 investigations relating to initial applications for which this subsection provides." 25 3. Effective July 1, 1996, all references to "Attachment A" in the Agreement are 26 amended to read "Attachment AA." Effective July 1, 1996, Attachment AA 27 supersedes Attachment A. 28 Page 2 of 6 4 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 0 0 14. For the period July 1, 1996 through June 30, 2000, Section E is amended to read follows: "E. PATROL VIDEO SYSTEMS: As part of the law enforcement services provided to CITY, CITY has paid for, anc COUNTY has provided, patrol video systems mounted in the patrol vehicles designated by COUNTY for use within CITY limits. SHERIFF has the exclusive right to use said video systems for law enforcement services related to this Agreement. If CITY requires patrol video systems for additional patrol cars designated for use in the CITY, COUNTY will purchase said patrol video systems. CITY will pay the COUNTY the cost of the new patrol video system upon demand. The cost of patrol video systems for additional patrol cars is not included in and is in addition to the Maximum Obligation of CITY. COUNTY will replace existing patrol video systems as needed. The costs of replacing existing patrol video systems are included in the costs of services set forth in Section G-2 and in the Maximum Obligation of CITY set forth in Section IM10 5. For the period July 1, 1996 through June 30, 1997, Subsections G-2 and G-3 of the Agreement are amended to read as follows: "2. Unless the level of service described in Section C-4 is increased or decreased, the cost of services described in Section C-4 of this Agreement, other than Licensing Services, to be provided by the COUNTY for the period July 1, 1996 through June 30, 1997, shall be as follows: SERVICE COST OF SERVICE Patrol/Traffic Services: • Fourteen (14) Units @ $116,778/units Page 3 of 6 $1,634,892 2 3 4 5 6' 7 a s 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 26 0 0 SERVICE Commercial Vehicle Inspection Unit: • 50% of one (1) Deputy Sheriff II @ $109,290/unit Community Support Unit: • Three (3) Deputy Sheriff II's @ $111,486/each Investigation Services: • Two (2) Investigators @ $129,351/each Supervision: • One (1) Lieutenant @ $134,465/each • Two and 50 percent (2.5) Sergeants @ $137,284/each Parking Control: • Two (2) Community Services Officers @ $57,781 /each South County Regional Support: • 23% of one (1) Office Assistant @ $37,568/each • 08% of two (2) Deputy Sheriff II's - Traffic @ $101,674/each • 08% of one (1) Investigation Aide - Traffic @ $42,833/each • 10% of one (1) Investigation Aide - South Court @ $42,833/each Page 4 of 6 COST OF SERVICE $ 54,645 $ 334,458 $ 258,702 $ 134,465 $ 343,210 $ 115,562 $ 8,641 $ 16,268 $ 3,427 $ 4,283 1 2 3 4 5 6' 7 a s 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 26 0 0 SERVICE Commercial Vehicle Inspection Unit: • 50% of one (1) Deputy Sheriff II @ $109,290/unit Community Support Unit: • Three (3) Deputy Sheriff II's @ $111,486/each Investigation Services: • Two (2) Investigators @ $129,351/each Supervision: • One (1) Lieutenant @ $134,465/each • Two and 50 percent (2.5) Sergeants @ $137,284/each Parking Control: • Two (2) Community Services Officers @ $57,781 /each South County Regional Support: • 23% of one (1) Office Assistant @ $37,568/each • 08% of two (2) Deputy Sheriff II's - Traffic @ $101,674/each • 08% of one (1) Investigation Aide - Traffic @ $42,833/each • 10% of one (1) Investigation Aide - South Court @ $42,833/each Page 4 of 6 COST OF SERVICE $ 54,645 $ 334,458 $ 258,702 $ 134,465 $ 343,210 $ 115,562 $ 8,641 $ 16,268 $ 3,427 $ 4,283 1 2 3 4 5 6 7 En 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 SERVICE COST OF SERVICE Other Charges and Credits: $ 95,326 Charges: Contract Management; premium pay for bilingual staff; vacation, on-call and holiday pay; ECB upgrade; mileage interest; and one hand-held radio. Credits: False alarm and report copying fees and reimbursement for training. TOTAL COST OF SERVICES $3.003.879 "3. Unless the level of service described in Section C-4 is increased, the Maximum Obligation of CITY for services, other than Licensing Services, that are referenced in Section C-4 of this Agreement and rendered by COUNTY between July 1, 1996 and June 30, 1997, is $3,003,879." 6. All other provisions of the Agreement, to the extent that they are not in conflict with this FIRST AMENDMENT TO AGREEMENT, remain unchanged. Page 5 of 6 2 3 4 5 6i 7 8 9 10 11 12 13 14 15 16 17 18 19 i 20 21 22 23 24 25 26 27 28 • IN WITNESS WHEREOF, the parties have executed the FIRST AMENDMENT TO AGREEMENT in the County of Orange, State of California. DATED:—n4 MI6 �i ATTEST: z��� CITY OF SAN JUAN CAPISTRANO �i i^---���-�_. Cit' lei AI I n m m SATED: JUL 2 3 19% ,OUNTI% OF ORANGE ian'of the Board Supervisors ;IC'':ED AND CERTIFIED THAT A COPY 3r THIS DOCUME,IT HAS BEEN DELIVERED 70 THE CHAIRMAN O/��++FF _THHE�E BOARD. �Y: kw Q 179OK>� Kathleen F. Goodno JUL 2 3 1996 sting Clerk of the Board of Supervisors County, California 1PPROVED AS TO FORM: .awrence M. Watson \cting Chief Assistant County Counsel )range County, California O-1 Deputy 16/96 w/a/h Page 6 of 6 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 .1a 19 20 21 22 23 24 25 26 27 26 4/2/96 • 0 CITY OF SAN JUAN CAPISTRANO ORDINANCE NO. 5-24.01 ORDINANCE NO. 5-18.02 ORDINANCE NO. 9-3.626 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 POOLROOM PUBLIC DANCE RAP SESSION (NUDE) SECONDHAND DEALER (Pawnbroker) TAXICAB STAND ATTACHMENT 0 a 1 AGREEMENT 2 BETWEEN 3 THE 4 CITY OF SAN JUAN CAPISTRANO 5 AND THE 6 COUNTY OF ORANGE 7 6 THIS AGREEMENT, entered into this First day of May 1995, which date 9 is enumerated for purposes of reference only, by and between the CITY OF SAN JUAN 10 CAPISTRANO, hereinafter referred to as "CITY" and the COUNTY OF ORANGE, a 11 political subdivision of the State of California, hereinafter referred to as "COUNTY." 12 WITNESSETH: 13 WHEREAS, CITY wishes to contract with COUNTY for law enforcement 14 services, and 15 WHEREAS, COUNTY is agreeable to the rendering of such services, as 16 authorized in Government Code Sections 51301 and 55632, on the terms and 17 conditions hereinafter set forth. 16 NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 19 20 21 22 23 24 25 26 27 28 Page 1 of 16 1 TABLE OF CONTENTS 2 3 SECTION PAGE 4 A. Term 3 5 B. Optional Termination 3 6 C. Regular Services by COUNTY 3 7 D. Special Services by COUNTY 6 8 E. Patrol Video Systems 7 9 F. Licensing Services by CITY 7 10 G. Payment 7 11 H. Booking and Processing Prisoners 12 12 1. Notices 12 13 J. Status of COUNTY 13 14 K. State Audit 13 15 L. Alteration of Terms 14 16 M. Indemnification 14 17 Signature Page 16 18 19 20 21 22 23 24 25 26 27 28 Page 2 of 16 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 I A. TERM: The term of this Agreement shall be for five (5) years, commencing July 1, 1995 and terminating June 30, 2000, 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: 24 25 26 27 28 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. Such 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, their 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 -service 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 June 30 on the level -of -service and cost -of - service for the following fiscal year, between July 1 and September 30 of the Page 3 of 16 �1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 I A. TERM: The term of this Agreement shall be for five (5) years, commencing July 1, 1995 and terminating June 30, 2000, 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: 24 25 26 27 28 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. Such 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, their 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 -service 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 June 30 on the level -of -service and cost -of - service for the following fiscal year, between July 1 and September 30 of the Page 3 of 16 1 REGULAR SERVICES BY COUNTY (Continued) 2 following fiscal year, COUNTY will provide the same level -of -service and 3 CITY shall be obligated to pay the costs of such services. 4 4. The level -of -service, other than for licensing, to be provided by the COUNTY 5 for the period July 1, 1995 through June 30, 1996, shall be as follows: 6 Patrol/Traffic Services: 7 • Fourteen (14) designated one -deputy units s (40 hours -per -week, per unit) 9 Deployment to be determined by Sheriff -Coroner, hereinafter referred to as 10 SHERIFF, in cooperation with CITY Manager. 11 Commercial Vehicle Inspection Unit: 12 • 50 percent of one (1) Deputy Sheriff II 13 (20 hours -per -week) 14 Community Support Unit: 15 • Three (3) Deputy Sheriff II's (each 40 hours -per -week) 16 Investigation Services: 17 • Two (2) Investigators (each 80 hours -per -two-week pay period) 16 Supervision: 19 • One (1) Lieutenant (40 hours -per -week) 20 • Two and 50 percent (2.5) Sergeants 21 (one Sergeant equals 40 hours -per -week) 22 Parking Control: 23 • One (1) Community Services Officer (40 hours -per -week) 24 South County Regional Support Services: 25 • 22 percent of one (1) Office Assistant 26 • 09 percent of two (2) Deputy Sheriff 11's - Traffic 27 • 09 percent of one (1) Investigation Aide - Traffic 28 • 11 percent of one (1) Investigation Aide - South Court Page 4 of 16 1 REGULAR SERVICES BY COUNTY (Continued) 2 5. For any service listed in Subsection C-4 of this Agreement, which is provided 3 to CITY at less than 100°x6 of a full-time SHERIFF position, COUNTY retains 4 the option to terminate such service in the event other city or cities which 5 contract for the balance of said employee's time no longer pays for such 6 service and CITY does not request the Agreement be amended to pay 100°x6 7 of the cost of the employee providing such service. The Maximum Obligation 8 of CITY set forth in Subsection G-3 will be adjusted accordingly. s 6. All services contracted for in this Agreement may not be operational on the 10 precise date specified in this Agreement. In those instances, SHERIFF shall 11 notify CITY Manager of the date or dates such service or services are to be 12 implemented. COUNTY shall reduce the monthly charges to CITY, based on 13 the actual date of implementation of the service or services. Charges shall 14 be reduced on the next subsequent monthly billing, tendered in accordance 15 with Subsection G-5 of this Agreement. 16 7. During emergencies, such as a mutual aid situation, SHERIFF will attempt to 17 leave the Lieutenant in charge of CITY Police Services. If SHERIFF 18 determines that the Lieutenant is needed elsewhere, SHERIFF will notify 19 CITY's Manager within four (4) hours. SHERIFF will return Lieutenant to 20 CITY as soon as possible once the emergency situation is under control. 21 8. With respect to the licensing ordinances of CITY listed in Attachment A, 22 hereto, which is incorporated herein by this reference, SHERIFF shall receive 23 applications for CITY licenses pursuant to said ordinances and complete 24 investigations relating to such applications. Said investigations shall be 25 forwarded to CITY Manager. COUNTY shall not provide any advisory, 26 administrative, hearing or litigation attorney support or services related to 27 licensing. COUNTY shall not provide any administrative or investigatory 28 services related to the licensing ordinances listed in Attachment A, hereto, Page 5 of 16 0 0 1 REGULAR SERVICES BY COUNTY (Continued) 2 except the investigations relating to initial applications for which this 3 subsection provides. a D. SPECIAL SERVICES BY COUNTY: 6 1. Security Services for Non -City Oroanization Functions 6 At the request of CITY, SHERIFF may provide security services for non -CIT -1 7 organization functions, such as community events conducted on CITY 6 owned, leased or operated property. SHERIFF shall determine personnel s and equipment needed for such special events and shall provide an initial 10 estimate of personnel and equipment costs to CITY. If such events are in 11 addition to the level -of -services listed in Section C4 of this Agreement, CITY 12 shall reimburse COUNTY for such services at an amount computed by 13 SHERIFF, based on the current year's Auditor -Controller's law enforcement 14 cost study. The cost of these services shall be in addition to the Maximum 16 Obligation of CITY, set forth in Subsection G-3 of this Agreement. SHERIFF 16 shall bill CITY immediately after said event is terminated. 17 2. Enhanced Law Enforcement Services 16 At the request of CITY, SHERIFF, in his sole discretion, may provide 19 enhanced law enforcement services within CITY. If SHERIFF determines it i 20 appropriate to provide the requested enhanced service and there is sufficien 21 staffing available, the type, time and place of said services shall be agreed 22 upon by SHERIFF and CITY Manager. SHERIFF shall determine personnel 23 and equipment needed for such service. If such service is in addition to or 24 greater than the level -of -services listed in Section C of this Agreement, CITY 26 shall reimburse COUNTY for such service at an amount computed by 26 SHERIFF, based on the current year's Auditor -Controller's law enforcement 27 cost study. The cost of such service shall be in addition to the GL7IFIA Page 6 of 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 SPECIAL SERVICES BY COUNTY (Continued) Maximum Obligation of CITY as set forth in Section G-3 of this Agreement. COUNTY shall bill CITY immediately after the service is completed. E. PATROL VIDEO SYSTEMS: As part of the law enforcement services provided to CITY, CITY has paid for, and COUNTY has provided, patrol video systems mounted in the patrol vehicles designated by COUNTY for use within CITY limits. SHERIFF has the exclusive right to use the video system for law enforcement services related to this Agreement. If CITY requires additional patrol video systems, CITY shall purchase the systems directly from the vendor. Newly purchased patrol video systems must be compatible with system purchased by COUNTY. F. LICENSING SERVICES BY CITY: Upon receipt from COUNTY of investigations of applications for licenses referrec 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. I G. PAYMENT: 23 24 25 26 27 28 1. Pursuant to Government Code Section 51350, CITY agrees to pay to COUNTY the costs of performing the services mutually agreed upon in this Agreement. The cost -of -services includes salaries, wages, benefits, mileat services, supplies, equipment, and divisional, departmental and COUNTY General overhead. Page 7 of 16 0 9 1 11 PAYMENT (Continued) 2 2. Unless the level -of -service described in Section C-4 is increased or 3 decreased or CITY is required to pay raises as set forth in Section G-4, the 4 cost -of -services described in Section C-4 of this Agreement, other than 5 Licensing Services, to be provided by the COUNTY for the period July 1, 6 1995 through June 30, 1996, shall be as follows: 7 SERVICE COST OF SERVICE 8 Patrol/Traffic Services: 9 • Fourteen (14) Units 10 @ $110,996/units $1,553,944 11 Commercial Vehicle Inspection Unit: 12 • 50% of one (1) Deputy Sheriff 11 13 @ $103,378/unit $ 51,689 14 Community Support Unit: 15 Three (3) Deputy Sheriff II's 16 @ $105,771/each $ 317,313 17 Investigation Services: 18 • Two (2) Investigators 19 @ $121,290/each $ 242,580 20 Supervision: 21 • One (1) Lieutenant 22 @ $131,729/each $ 131,729 23 • Two and 50 percent (2.5) Sergeants 24 @ $130,615/each $ 326,538 25 Parking Control: 26 One (1) Community Services Officer 27 @ $57,916/each $ 57,916 28 11 Page 8 of 16 1 2 3 4 5 s 7 81 9 10 11 12 I 17 18 19 20 21 22 23 24 25 2s 27 28 0 0 PAYMENT (Continued) SERVICE COST OF SERVICE South County Regional Support: e 22% of one (1) Office Assistant @ $38,905/each e 09% of two (2) Deputy Sheriff 11's - Traffic @ $95,544/each e 09% of one (1) Investigation Aide - Traffic @ $42,138/each e 11 % of one (1) Investigation Aide - South Court @ $42,138/each Other Charges and Credits: Charges: Contract Management; premium pay for bilingual staff; vacation, on-call and holiday pay; ECB upgrade; mileage interest; and one hand-held radio. Credits: False alarm and report copying fees and reimbursement for training. $ 8,559 $ 17,198 $ 3,792 $ 4,635 $ 101,829 TOTAL COST OF SERVICES 52.817.722 3. Unless the level -of -service described in Section C-4 is increased or CITY is required to pay for raises as set forth in Section G-4, the Maximum Obligatior of CITY for services, other than Licensing Services, that are referenced in Section C-4 of this Agreement and rendered by COUNTY between July 1, 1995 and June 30, 1996, is $2,817,722. Page 9 of 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 0 PAYMENT (Continued) 21 22 23 24 25 26 27 28 H u 4. a. At the time the costs of services to be provided to CITY between July 1, 1995 and June 30, 1996 were determined, there were unresolved disputes between COUNTY and its employees whether the COUNTY is obligated to pay employee raises coming due after the COUNTY's bankruptcy to which the COUNTY agreed prior to the bankruptcy. The costs of such raises are not included in the costs of services set forth in Section G-2 or the Maximum Obligation set forth in Section G-3 for said period. If the resolution of any of said disputes results in the COUNTY's paying raises to any of the personnel assigned to CITY for work by those personnel in CITY between July 1, 1995 and June 30, 1996, CITY will COUNTY the cost of said raises in addition to the cost of services set forth in Section G-2 and the Maximum Obligation of CITY set forth in Section G-3 for said period. b. If CITY is required to pay for raises as described above, COUNTY, at the request of CITY, will reduce the level -of -service provided to CITY pursuant to Section C-4 of this Agreement to a level that will make the costs of services provided to CITY between July 1, 1995 and June 30, 1996 an amount specked by CITY that is equivalent to or higher than the Maximum Obligation set forth in Section G-3 for said period, thereby giving CITY the option of keeping its Maximum Obligation for said period at the pre -raise level or at any other higher level speed by CITY. In 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 will be made by SHERIFF after consultation with CITY's Manager. Page 10 of 16 0 0 1 11 PAYMENT (Continued) 2 5. The Maximum Obligation of CITY for services provided for the 12 -month a period commencing July 1, 1996, 1997, 1998 and 1999, will be determined a annually by COUNTY and approved by CITY. 5 6. COUNTY shall invoice CITY monthly, one -twelfth (1/12) of the Maximum 6 Obligation of CITY. 7 7. CITY shall pay COUNTY in accordance with COUNTY Board of Supervisors' a approved County Billing Policy, which is attached hereto as Attachment B 9 and incorporated herein by reference. 10 8. COUNTY shall charge CITY late payment penalties in accordance with 11 County Billing Policy. 12 9. As payment for the Licensing Services described in Subsection C-8 of this 13 Agreement, COUNTY shall retain all fees paid by applicants for licenses, 14 pursuant to CITY ordinances listed in Attachment A, hereto. Retention of 15 said fees by COUNTY shall constitute payment -in -full to COUNTY for costs 16 incurred by COUNTY in performing the functions related to licensing 17 described in Subsection C-8; provided, however, that if any of said fees are 16 waived or reduced by CITY, CITY shall pay to COUNTY the difference 19 between the amount of fees retained by COUNTY and the fees that were set 20 forth in the ordinances listed in Attachment A, as of July 1, 1994. Should 21 CITY increase the fee schedule for the licensing ordinances set forth in 22 Attachment A, either party shall have the right to seek amendment of this 23 Agreement with respect to the division of the increased fees between CITY 24 and COUNTY. 25 10. Fees generated or collected by SHERIFF contract personnel, for copying of 26 documents related to the services provided in this Agreement, will be at 27 COUNTY -established rates and will be credited to CITY on an annual basis. 26 Page 11 of 16 0 0 PAYMENT (Continued) 2 11. Narcotic asset forfeitures will be handled pursuant to Attachment C, hereto, 3 which is incorporated herein by this reference. 4 H. BOOKING AND PROCESSING PRISONERS: 5 1. CITY shall reimburse COUNTY for the cost of booking and processing 6 individuals arrested and booked into the Orange County Jail by contracted 7 SHERIFF personnel for crimes committed within CITY, at a rate equivalent to 8 the most current booking and processing fee established pursuant to Orange 9 County Board of Supervisors' resolution. A booking will be exempt from this 10 charge if it would be exempt from the booking and processing fee in effect at 11 the time of the booking. 12 2. The booking and processing charges will be billed separately and represent 13 costs to be paid by CITY in excess of the Maximum Obligation of CITY, as 14 provided in Subsection G-3 of this Agreement. 15 3. In the event of the repeal of the authorization for COUNTY to impose a fee 16 upon cities for reimbursement of COUNTY expenses incurred with respect to 17 the booking and processing of persons arrested by CITY employees, which 18 authorization now appears in Government Code Section 29550, CITY shall 19 be relieved of its obligation under this Section H, effective on the date the 20 repeal of said authorization becomes effective, whether by court action or 21 legislative change. CITY does not waive its right to a claim of refund if 22 COUNTY is required by a court or statute to refund booking fees. 23 I. NOTICES: 24 1. Except for the notices provided for in Subsection 2 of this Section, all notices 25 authorized or required by this Agreement shall be effective when written and 26 deposited in the United States mail, first class postage prepaid and 27 addressed as follows: 28 H 11 Page 12 of 16 r 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 NOTICES (Continued) CITY: ATTN: CITY MANAGER 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 COUNTY: ATTN: CONTRACT MANAGER SHERIFF -CORONER DEPARTMENT 320 NORTH FLOWER ST 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. J. 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 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. K. 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 claims or litigation shall be retained beyond said three-year period until final resolution of said audit, claim or litigation. Page 13 of 16 � r � 1 L. 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 M. 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. INDEMNIFICATION: 1. COUNTY, its officers, agents and employees shall not be deemed to have assumed any liability for the negligence or any other act or omission of CITY or any of its officers or employees, or for any dangerous or defective condition of any public street or work or property of CITY, or for any illegality or unconstitutionality of CITYs municipal ordinances. CITY shall indemnify and hold COUNTY, its officers, agents, employees and independent contractors free and harmless from any claim or liability whatsoever, based or asserted upon the condition of any public street or work or property of CITY, or upon the illegality or unconstitutionality of any municipal ordinances of CITY that SHERIFF has enforced, or upon any act or omission of CITY, its officers, agents, employees, subcontractors and 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 CITY shall defend at its expense including attorney fees, COUNTY, its officers, agents, employees and independent contractors in any legal action or claim of any kind based upon such condition of public street or work or property, or alleged illegality or unconstitutionality of a municipal ordinance, or alleged acts or omissions. Page 14 of 16 1 2 3 a 5 6 7' 6 s 10 11 12 13 14 15 16 17 16 18 20 21 22 23 24 25 26 27 28 • 0 INDEMNIFICATION (Continued) 2. COUNTY shall indemnify and hold CITY, its officers, agents, employees and independent contractors free and harmless from any claim or liability whatsoever, based or asserted upon any act or omission of COUNTY, its officers, agents, employees, subcontractors and 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, CITY, its officers, agents, employees and independent contractors in any legal action or claim of any kind based upon such alleged acts or omissions. Page 15 of 16 4 5 6 7 8 s 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties have executed the AGREEMENT in the County of Orange, State of California. (DATED: JON 211995 COUNTY OF ORANGE BY: GGi,C.,o- 40 Chairman of the Board of Supervisors JUN 2 7 1995 DATED: 0-une Zo., / 9 95 CITY OF SAN JUAN CAPISTRANO M SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. BY: 6 ?G C=06-0 Kathleen E. Goodno JON 2 7 t995 Acting Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM: Terry Andrus, County Counsel Orange County, California BY:A&4o&Ja(4!;V— Deputy 5/26/95 Page 16 of 16 Mayor AS TO FORM: Attorney 6 -15 -9, - Page ,13.95_ • 1 2 3 4 5 6 7 8 s 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties have executed the AGREEMENT in the County of Orange, State of California. (DATED: JON 211995 COUNTY OF ORANGE BY: GGi,C.,o- 40 Chairman of the Board of Supervisors JUN 2 7 1995 DATED: 0-une Zo., / 9 95 CITY OF SAN JUAN CAPISTRANO M SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. BY: 6 ?G C=06-0 Kathleen E. Goodno JON 2 7 t995 Acting Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM: Terry Andrus, County Counsel Orange County, California BY:A&4o&Ja(4!;V— Deputy 5/26/95 Page 16 of 16 Mayor AS TO FORM: Attorney 6 -15 -9, - Page ,13.95_ r 11 0 ATTACHMENT A 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 12/16/95 CITY OF SAN JUAN CAPISTRANO LICENSING ORDINANCE GUN DEALER ............................... SECONDHAND DEALER (Pawnbroker) ........... OPHERIFF-CORONER DEPARTME Ms. Cheryl Johnson, City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 Dear Ms. Johnson: Enclosed is your fully executed Sixth Amendment to the law enforcement services Agreement with the Sheriff -Coroner. The Amendment is in the amount of $3,626,074 and it covers the period of July 1, 1999 through June 30, 2000. Also enclosed is a copy of the Orange County Board of Supervisors' Minute Order of July 27, 1999 approving the Amendment. If I can be of further assistance, please feel free to contact me at (714) 834-6739. Thank you. Sincerely, Sally Ledieff, Administrative Manager Law Enforcement Contracts Enclosures CC' Director Robinson Captain T. Davis Lt. R. Stahr 320 NORTH FLOWER STREET • SANTA ANA, CALIFORNIA 92703 • (714) 647-7000 Sl7►r" COUNTY OF ORANGE CALIFORNIA R f0PVED MICHAEL S. CARONA SHERIFF -CORONER SERVING THE UNINCORPORATED AREAS OF .. ASSISTANT SHERIFFS ORANGE COUNTY AND THE FOLLOWING CITIES DON HAIDL AND AGENCIES:- JOHN HEWITT DANA POINT SAN JUAN CAPISTRANO - GEORGE H. JARAMILLO LAGUNA HILLS STANTON •• TIM SIMON LAGUNA NIGUEL VILLA PARK DOUG STORM LAKE FOREST HARBORS, BEACHES 8 PARKS MISSION VIEJO JOHN WAYNE AIRPORT SAN CLEMENTE OCTA August 5, 1999 Ms. Cheryl Johnson, City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 Dear Ms. Johnson: Enclosed is your fully executed Sixth Amendment to the law enforcement services Agreement with the Sheriff -Coroner. The Amendment is in the amount of $3,626,074 and it covers the period of July 1, 1999 through June 30, 2000. Also enclosed is a copy of the Orange County Board of Supervisors' Minute Order of July 27, 1999 approving the Amendment. If I can be of further assistance, please feel free to contact me at (714) 834-6739. Thank you. Sincerely, Sally Ledieff, Administrative Manager Law Enforcement Contracts Enclosures CC' Director Robinson Captain T. Davis Lt. R. Stahr 320 NORTH FLOWER STREET • SANTA ANA, CALIFORNIA 92703 • (714) 647-7000 Sl7►r" 32400 PASEO ADELANTO SAN .JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) July 12, 1999 Ms. Sally Ledieff, Contract Services Department Orange County Sheriffs Department 320 North Flower Street Santa Ana, California 92703 I MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL JOHN GREINER WYATT HART GIL JONES DAVID M. SWERDLIN CITY MANAGER GEORGE SCARBOROUGH Re: Sixth Amendment to Five -Year Law Enforcement Services Agreement Dear Ms. Ledieff: At their meeting of July 6, 1999, the City Council of the City of San Juan Capistrano approved the Sixth Amendment to the Agreement between the City of San Juan Capistrano and the County of Orange forthe provisions of law enforcement services during Fiscal Year 1999-2000. Four copies of the agreement have been signed by the City and are enclosed. Upon approval of the Board of Supervisors, please return one fully -executed copy to the City Clerk's office. Thank you for your cooperation. If I can be of further assistance, I can be reached at (949) 443-6308. Very truly yours, Cheryl Johresod City Clerk Enclosure cc: Lt Stahr (with enclosure) San Juan Capistrano: Preserving the Past to Enhance the Future DRW USE If 0 AGENDA ITEM July 6, 1999 TO: Honorable Mayor and City Council FROM: George Scarborough, City Manager SUBJECT: Consideration of the Sixth Amendment to Five Year Law Enforcement Services Agreement for Fiscal Year 1999/2000 RECOMMENDATION: By motion, approve the attached Sixth Amendment to Agreement between the City of San Juan Capistrano and the County of Orange for the provision of law enforcement services during the 1999/2000 fiscal year. SITUATION The attached Sixth Amendment of the 5 year Law Enforcement Services Agreement between the City of San Juan Capistrano and the County of Orange provides for continuation of Sheriff services to the City during the fiscal year 1999/2000. The agreement describes the quantities of patrol/traffic services, investigation services, supervision, administrative and support services, commercial vehicle inspection and enforcement, community based policing, motorcycle enforcement and parking control that will be provided during the next fiscal year. The agreement also describes the City's contribution for leasing certain equipment needed by Sheriffs deputies. The present staffing includes: 1 Lieutenant, 5 Sergeants (shared with the City of Dana Point), 2 Criminal Investigators, 19.5 Deputy Sheriffs and 2 Parking Control Officers. The City also shares regional positions with other south county cities for traffic accident investigation/supervision, investigation supervision, and general clerical support. Patrol scheduling consists of 1 Sergeant and 3 Deputy Sheriffs on the midnight shift (2300 hrs. to 0700 hrs.), 1 Sergeant and 7 Deputy Sheriffs on day shift (0630 hrs. to 1500 hrs.), 1 Sergeant and 7 Deputy Sheriffs on swing shift (1500 hrs. to 2400 hrs.) and 2.5 Motorcycle Deputy Sheriffs. The two Parking Control Officers provide 7 days of uniform parking enforcement. This year's law enforcement contract of $3,624,074 reflects an increase of 5.69%. This increase is due to the addition of Y� of a Motorcycle Deputy to assist with needed traffic control in the City of San Juan Capistrano, includes the city's 10% share of one Regional Traffic Support Deputy to process traffic reports and traffic investigations for all South County Cities. A one-time expenditure associated with the purchase of computer equipment and installation of the Wide Area Network is also included. This system will provide greater access to criminal records, Department of Motor Vehicle information system, Orange County Sheriff s Department information, and communicate with statewide information sources. Services and Supplies have increased due to liability insurance and transportation costs have increased from .37 per mile to .61 per mile. Minor cost savings were seen in department/county overheard, and training. FOR CIN COUNCIL AGE �I I %ERIFF-CORONER DEPARTMA COUNTY OF ORANGE CALIFORNIA SERVING THE UNINCORPORATED AREAS OF ORANGE COUNTY AND THE CRIES OF. DANA POINT SAN CLEMENTE LAGUNA HILLS SAN JUAN CAPISTRANO LAGUNA NIGUEL STANTON LAKE FOREST VILLA PARK MISSION VIEJO July 16, 1998 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attention: Cheryl Johnson Dear Ms. Johnson: %UabVMTES JUL f�ERIfF-CORONER RAUL RAMOS UNDERSHERIFF 1 I ASSISTANT SHERIFFS JOHN HEWITT JERRY KRANS TIM SIMON DOUG STORM Enclosed is your fully executed Fifth Amendment to the law enforcement services Agreement with the Sheriff -Coroner. The Amendment is in the amount of $3,434,340, and it covers the period from July 1, 1998 through June 30, 1999. Also enclosed is a copy of the Orange County Board of Supervisors' Minutes of June 30, 1998 approving the Amendment. If I can be of any further assistance, please call me at 834-6431. Sincerely, &4e,; Chris Woods Moulson Manager, Law Enforcement Contracts Enclosures cc: Linda Robinson Captain Davis Lieutenant Sullivan CWM:Co 320 NORTH FLOWER STREET • SANTA ANA, CALIFORNIA 92703 • (714) 647-7000 mn 0 • ORANGE COUNTY BOARD OF SUPERVISORS MINUTE ORDER The following is action taken by the Board of Supervisors on June 30 1998 APPROVED AS RECOMMENDED N OTHER ❑ Unanimous a (1) Smith Y (2)Silva Y (3)Spitzer Y (4)Steiner Y (5)Wilson Y Vote Key: Y=Yes;N=No;A=Abstain;X=Excused;B.O. =Board Order Documents accompanying this matter: ❑ Resolution(s) ❑ Ordinances(s) ❑ Contract(s) SubmittingAAency/Department: Sherif(-Coroner Approve amendment 5 to agreement with City of San Juan Capistrano for law enforcement services, 7/1/98 - 6/30/99 ($3,434,340) - District 5 Item No. 56 Special Notes: Copies sent to: EJ i L4 / heti/ . � , , L.✓ 1 certify that the foregoing is a true and correct copy of the Minute Order adopted by the Board of Supervisors, Orange County, State of California. DARLENE J. BLOOM, Clerk of the Board By: 61 It Deputy It was moved by Council Mem erdlii carried unanimously, that Council Member subcommittee to review requests and make 9 seconded by Council Member Campbell, and be selected to serve as the ----�o2. APPROVAL OF FIFTH AMENDMENT TO LAW ENFORCEMENT SERVICES CONTRACT (600.50) Written Communication: Report dated June 16, 1998 from the City Manager advising that the proposed Fifth Amendment to the 5 -year Law Enforcement Services Agreement between the City and the County of Orange provided for continuation of Sheriff services to the City during Fiscal Year 1998-99. The Agreement described the quantities of patroVtraffrc services, investigation services, supervision, administrative and support services, commercial vehicle inspection and enforcement, community-based policing, motorcycle enforcement and parking control that would be provided during the next fiscal year. The proposed contract did not include staffing or service level increases. The cost increase was 6.090/a, due largely to negotiated increases in salary and benefits and an overall increase in operating costs. George Scarborough, City Manager, made an oral presentation. In response to Council Member Greiner, he advised staff would provide a comparison of the percentages of budget funding and per capita spending versus crime rates in other cities. 3. Approval of Five -Year Law Enforcement Services Agreement: It was moved by Council Member Campbell, seconded by Council Member Hart, and carried unanimously that the Fifth Amendment to the Law Enforcement Services Agreement in the amount of $3,434,340 be approved. (1) Report dated June ( 98 from the Assistant City Manager advising that on February 3, 1998, the City cil approved the establishment of an Advanced Life Support rate for the City, approv the Orange County Fire Authority to issue a Request for Proposal for ambulance ices in the City and directed the Fire Authority to return with recommendations contract selection for an emergency medical transportation provider. The selection p ess was now completed and staff recommended that a contract be awarded to Medix bulance Service to provide emergency medical transportation and related In t he City. (2) Letter dated June 12, 1998 from Michael J. Dimas, President, edix Ambulance Service expressing pride and honor at having been able to serve the 'ty of San Juan Capistrano and requesting that Medi), gain be selected. City Council Minutes -17- AGENDA ITEM June 16, 1998 TO: Honorable Mayor and City Council FROM: George Scarborough, City Manager SUBJECT: Consideration of Fifth Amendment to Five Year Law Enforcement Services Agreement for Fiscal Year 1998/99. RECOMMENDATION: By motion, approve the attached Fifth Amendment to Agreement between the City of San Juan Capistrano and the County of Orange for the provision of law enforcement services during the 1998/99 fiscal year. SITUATION: The attached Fifth Amendment of the 5 year Law Enforcement Services Agreement between the City of San Juan Capistrano and the County of Orange provides for continuation of Sheriff services to the City during the fiscal year 1998/99. The agreement describes the quantities of patrol/traffic services, investigation services, supervision, administrative and support services, commercial vehicle inspection and enforcement, community based policing, motorcycle enforcement and parking control that will be provided during the next fiscal year. The agreement also describes the City's contribution for leasing certain equipment needed by Sheriff's deputies. The proposed contract will not include direct staffing or service level increases. The present staffing includes: 1 Lieutenant, 5 Sergeants (shared with the City of Dana Point), 2 Criminal Investigators, 19.5 Deputy Sheriffs and 2 Parking Control Officers. The City also shares regional positions with other south county cities for traffic accident investigation and supervision, investigation supervision and general clerical support. Patrol scheduling consists of I Sergeant and 2 Deputy Sheriffs on the midnight shift (2300 hrs. to 0700 hrs.), 1 Sergeant and 5.5 Deputy Sheriffs on day shift (0630 hrs. to 1500 hrs.) and 1 Sergeant and 5 Deputy Sheriffs on swing shift (1500 hrs. to 2400 hrs.). The two Parking Control Officers provide 7 days of uniform parking enforcement. This year's law enforcement contract reflects a 6.09% increase. This cost increase is due largely to negotiated increases in salary and benefits, and an overall increase in operating costs. During the last fiscal year the Deputy Sheriffs Association and the County of Orange concluded contract negotiations. The two year contract calls for two, 3.6% pay raises during the first six months. The F03 CITY COUNCIL AGESG H16 Agenda Item -2- June 16, 1998 County also experienced increases in retirement rates ranging from 1.5% to nearly 3.0% for safety members and Workers Compensation rates went up by .17%. As the result of a 1986 federal law the County is required to pay 1.45% of Medicare costs of all employees hired after March 31. 1986. With recent retirements and transfers of senior employees this cost will continue to rise. Minor cost savings were seen in transportation charges, training and county overhead. Staff recommends Council approve the 5th Amendment to the Five Year Law Enforcement Contract with the County of Orange. Additionally, staff feels the present service level will adequately address all law enforcement needs for the City during the this fiscal year 1998/99. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: Not Applicable FINANCIAL CONSIDERATIONS: The total cost of the 1998/99 Law Enforcement Services agreement will be $3,434,340. This represents an increase of $197,092 or approximately 6.9%. The cost of the proposed agreement is reflected in the 1998/99 operating budget. NOTIFICATION: Not applicable ALTERNATE ACTIONS: Approve the attached Fourth Amendment to Agreement between the City of San Juan Capistrano and the County of Orange for provision of law enforcement services during the 1998/99 fiscal year. 2. Continue this item 3. Request additional information from staff. RECOMMENDATION: By motion approve the attached Fifth Amendment to Agreement between the City of San Juan 0 0 Agenda Item -3- June 16, 1998 Capistrano and the County of Orange for the provision of law enforcement services during the 1998/99 fiscal year. Respectfully sub ted, Geor e Scarboro gh, City Manager Attachment: 5th Amendment to the Five Year Law Enforcement Agreement. FEB P8 '98 12:37PM BO OF .SUP STH DIST It THOMAS W. WILSON s'�IeRVISOR. FII -H DIS -?ICT 09ANGC COUNTY HAIL C• ADMINISTRATION 10 CMO CLNTPP PLAZA, P O BOX 007 SANTA ANA, CAL FOPNIA 921020637 PHONE (9'r,) 33a-3590 FAX (714) 331-2670 WEB Slte 1111p 1/www or rq goY/wp,•IWTII F-MAII, t-[1.0,Vd1zt9.ca.grq nq B.cO ue February 20, 1998 To: Mayors, Councilmembers and City Managers Fifth District Cities From: Tom Wilsow--,--: 611 Re: Proclamation of Local Emergency Assistant Sheriff Tim Simon has just forwarded an agenda item to the Board offices that requests ratification of a proclamation of local emergency. I'm pleased my requests were taken into account: The Fifth District was hit hard, both in the cities and the unincorporated communities - and we needed this declaration. If you have any questions, as always, please give me a call. ,aeFr Xs' 1of s Ctnd� P✓ .. w E July 2, 1997 dwan I I�'! IOIOA,OAl110 II�IAH � 1961 1776 Ms. Chris Woods Moulson Manager, Law Enforcement Contracts Sheriff -Coroner Department County of Orange P. O. Box 449 Santa Ana, California 92702-0449 MEMBERS OF THE CITY COUNCIL COLLEHE CAMPBELL JOHN GREINER WYAT HART GIL JONES DAVID M. S W ERDLIN CITY MANAGER GEORGESCARBOROUGH Re: 1997-98 Fourth Amendment to Law Enforcement Services Aareement Dear Ms. Moulsom At their meeting of July 1, 1997, the City Council of the City of San Juan Capistrano conditionally approved the Fourth Amendment to the Law Enforcement Services Agreement with the Orange County Sheriff -Coroner, which provides services for Fiscal Year 1997-98 in the amount of $3,193.514, with direction to staff that there are items within the Agreement that they wish to further negotiate with the Sheriffs Department. Four copies of the agreement have been signed by the City and are enclosed. Upon approval of the Board of Supervisors, please return one fully -executed copy to the City Clerk's office. Thank you for your cooperation. If I can be of further assistance, I can be reached at 443-6308. Very truly yours, Cheryl Joh on, MC City Clerk Enclosures 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 SERVING THE UNINCORPORATED AREAS OF ORANGE COUNTY AND THE CITIES OF: �HERIFF-CORONER DEPARTNOT COUNTY OF ORANGE CALIFORNIA DANA POINT SAN CLEMENTE LAGUNA HILLS SAN JUAN CAPISTRANO LAGUNA NIGUEL STA14TON LAKE FOREST VILLA PARK MISSION VIEJO August 12, 1997 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attention: Cheryl Johnson Dear Ms. Johnson: BRAD GATES SHERIFF -CORONER RAUL RAMOS UNDERSHERIFF ASSISTANT SHERIFFS JOHN HEWITT JERRY KRANS DENNIS LADUCER DOUG STORM Enclosed is your fully executed Fourth Amendment to the law enforcement services Agreement with the Sheriff -Coroner. The Amendment is in the amount of $3,193,514, and it covers the period from July 1, 1997 through June 30, 1998. Also enclosed is a copy of the Orange County Board of Supervisors' Minutes of July 22, 1997 approving the Amendment. If I can be of any further assistance, please call me at 834-6431. Sincerely, Chris Woods Moulson Manager, Law Enforcement Contracts Enclosures cc: Linda Robinson Captain Tim Simon Lieutenant Sullivan CWM:pI 550 N. FLOWER STREET • P.O. BOX 449 • SANTA ANA, CALIFORNIA 92702-0449 • (714) 647-7000 X m c� m c m KZ) DRUG USE IS AB SHERIFF -CORONER DEPARTMW COUNTY OF ORANGE CALIFORNIA SERVING THE UNINCORPORATED AREAS OF ORANGE COUNTY AND THE CITIES OF: DANA POINT SAN CLEMENTE LAGUNA HILLS SAN JUAN CAPISTRANO LAGUNA NIGUEL STANTON LAKE FOREST VILLA PARK MISSION VIEJO May 6, 1997 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attention: George Scarborough, City Manager Subject: 1997-1998 Fourth Amendment to the Law Enforcement Services Agreement Dear George: BRAD GATES SHERIFF -CORONER RAUL RAMOS UNDERSHERIFF ASSISTANT SHERIFFS JOHN HEWITT JERRY KRANS DENNIS LADUCER DOUG STORM Enclosed are four original sets of the Fourth Amendment to the Law Enforcement Services Agreement with the Orange County Sheriff -Coroner. The Amendment is for the period from July 1, 1997 to June 30, 1998, and the total cost is $3,193,514. The Amendment has new language concerning the possibility of wage or benefit increases for staff later in the year. After your Council approves the Amendment, please obtain the necessary signatures on each of the four original sets and return them to me as soon as possible so that I can schedule this for the Board of Supervisors' meeting. If you have any questions, please call me at 834-6431. Thank you. Very truly yours, Chris Woods Moulson Manager, Law Enforcement Contracts Enclosures cc: Linda Robinson Captain Tim Simon Lieutenant Sullivan CWM:pI 6l61, 550 N. FLOWER STREET • P.O. BOX 449 • SANTA ANA, CALIFORNIA 92702-0449 • (714) 647-7000 0 s Council Members Jones, Greiner, Hart, Campbell, and Mayor Swerdlin , NOES: None ABSTAIN: one ABSENT: No e RECESS—AND RECONVENE Council recessed at 7:52 p.m. to convene Agency, and reconvened at 7:53 p.m. ADMINISTRATIVE ITEMS CITY MANAGER San Juan Capistrano Community Redevelopment 1. APPROVAL OF FOURTH AMENDMENT TO LAW ENFORCEMENT SERVICES AGREEMENT (600.50) Written Communications: 4\ Report dated July 1, 1997, from the City Manager, forwarding the fourth amendment to the five-year law enforcement services agreement with the County. The agreement set forth the costs and service levels for Fiscal Year 1997-99. The Report advised that there were no direct staffing or service level increases. Mr. Scarborough made an oral presentation, advising there would be an overall cost increase of 2.3%, due mainly to continuation of a full year of salary for the two deputy sheriff positions added at mid -year last year. He added that overall costs included in this Amendment had decreased from the past year', the only reason for the increase was the additional six months salary for the two deputies added at mid -year. Council Discussion: Following Mr. Scarborough's presentation, Mayor Swerdlin and Council Member Hart indicated that they would like additional discussion and clarification concerning the three additional positions planned by the County, especially concerning the utility driver position. Mr. Scarborough indicated that the County was adding 3 additional positions in their General Administration Division, costs of which would be shared by the County and south County contract cities. He further indicated that the utility driver position actually represented a cost savings. Lt. Sullivan explained that the utility driver position had become necessary because, since construction of the new substation in Aliso Viejo, patrol time was being lost due to the need for officers to transport cars to the maintenance facilities five miles away. Council Member Hart and Mayor Swerdlin raised objections to City funds being used for this new position. Council Member Jones explained that, as he saw it, the County was responsible for City Council Minutes 91 07/01/97 making its administrative decisions and, despite the added positions, and except for the full - year salaries, the City's costs had, in fact, decreased. After further discussion, Council Member Campbell suggested that, in light of the great service of the Sheriff's Department, the City should renew the contract and, if necessary, evaluate individual details at a later date and then request a further amendment. Council Member Hart indicated that his main concern was to consider any means that could reduce the contract cost to the City. The City Attorney suggested that the Agreement be approved as presented and the items of concern negotiated for a future amendment to the Agreement. Approval of Fourth Amendment: It was moved by Council Member Campbell, seconded by Council Member Greiner to conditionally approve the Fourth Amendment to the Agreement for Law Enforcement Services to provide for a continuation of services for Fiscal Year 1997-98 in the amount of $3,193,514, with direction that there are items of concern that the Council wishes to negotiate with the Sheriffs Department. The motion carried by the following roll call vote: AYES: Council Members Greiner, Hart, Campbell and Mayor Swerdlin NOES: Council Member Jones ABSTAIN: None ABSENT: None Council Member Jones indicated he had opposed the motion because he felt the contract should be accepted unconditionally. Council Member Hart indicated that his concern centered only on the utility driver. With regard to a proposed amendment to the City's Agreement, he felt that the commercial enforcement vehicle was not functioning properly and could be deleted. Ortega Highway is a State Highway and he felt the California Highway Patrol should assume commercial vehicle enforcement responsibility. He further indicated he would prefer to allocate any savings to acquiring another officer. (1) Report dated July 997, from the City Manager, forwarding the proposed agreement which would ret a services of the City as an independent contractor to perform the day-to-day operatibnkon behalf of the Capistrano Valley Water District, including rate setting and budge ' Assets and liability of the District would remain as such, but be managed by the District employees would be transitioned to the City work force. The Report a ' ed that the merger would initially reduce the cost of water service by $198,000, and th ost of the general City operation by $88,000. (2) Revised Operations and Maintenance Agreement containing Exhibits A -Ai -4 B City Council Minutes -10- 07/01/97 AGENDA ITEM July 1, 1997 TO: Honorable Mayor and City Council FROM: George Scarborough, City Manager SUBJECT: Fourth Amendment to Five Year Law Enforcement Services Agreement for Fiscal Year 1997/98. Approve the attached Fourth Amendment to Agreement between the City of San Juan Capistrano and the County of Orange for the provision of law enforcement services during the 1997/98 fiscal year. SITUATION: The attached Fourth Amendment of the 5 year Law Enforcement Services Agreement between the City of San Juan Capistrano and the County of Orange provides for continuation of Sheriff services to the City during the fiscal year 1997/98. The agreement describes the quantities of patrol/traffic services, investigation services, supervision, administrative and support services, commercial vehicle inspection and enforcement, community based policing, motorcycle enforcement and parking control that will be provided during the next fiscal year. The agreement also describes the City's contribution for leasing certain equipment needed by Sheriff s deputies. The proposed contract will not include direct staffing or service level increases. The helicopter law enforcement service provided by the joint powers agreement between the Orange County Sheriff s Dept., Costa Mesa Police Dept., Newport Beach Police Dept. and Huntington Beach Police Dept. has been disbanded. This was largely due the substantial cost increases proposed by A.B.L.E. Helicopter services will be solely provided by the Orange County Sheriff Dept. to South County Cities serviced by the Sheriffs Dept. The cost will be included in the law enforcement service agreement at $ 902.00 per patrol deputy position. Substantial savings were seen in the area of transportation costs. This was largely due to the reorganization of the County GSA Services. Patrol unit costs dropped from .51 a mile to .37 a mile resulting in a $14,500 savings. The City also saw a dramatic reduction in employee benefits in the area of retirement costs, unemployment insurance, workman compensation costs and medical insurance. This savings was nearly $24,000.. The single largest increase were salary costs from the two deputy sheriff positions added at mid -year. The Orange County Sheriffs Department is proposing three additional positions to be regionally shared by the County and all South County Contract Cities. The staffing added would be one utility driver, one investigation supervisor and traffic investigation supervisor. The City of San Juan FOR CITY COUNCIL AG.P ^ , G I 0,___ Capistrano's cost would be $22,198. These additional positions will benefit each cities' law enforcement service. The utility driver will allow patrol deputies and community services officers (CSO) to go in service in a more timely manner. Prior to the new Aliso Viejo Station opening deputies and CSO's would shuttle cars to the south county garage for service. This was done with little impact in service time because the garage was in the same complex as the old station. The new station is 5 miles away and it takes much longer to deliver and pick up patrol units. The present Investigative Sergeant supervises 25 investigators and 5 investigative aides. Each year he reads and assigns over 32,000 initial crime reports. He also is responsible for approving all investigative reports written by his staff. Over 75% of his time is dedicated to report approval and assignment. The remainder of his time is utilized answering phone inquires from the public. This does not allow him any time to directly supervise his investigators. Field supervision is at a minimum and personal supervision of sensitive matters is limited. With a second supervisor field supervision of critical incidents will be enhanced. This will insure that proper investigative techniques are utilized, resulting in better case management and conviction. The last regionally shared position proposed in the current contract is a traffic investigation and Major Accident Reconstruction Team (M.A.R.T.) supervisor. Presently, the Sheriff s Department Traffic Division does not have a full time Sergeant. Deputies assigned to the division are required to perform duties regularly done by a supervisor. This includes approving over 5,000 accident reports, managing towing contracts and general supervision duties. The supervisor would also be responsible for supervision of the Departments M.A.R.T. Team. The M.A.R.T. Team responds to all major injury accidents and fatalities. They conduct detailed accident analysis to determine the primary cause of the accident. They determine if the accident was the result of operator error, poor equipment or faulty road conditions. This analysis is critical in determining liability in major injury accidents and must be closely supervised. COMMISSIONBOARD REVIEW AND RECOMMENDATIONS: Not Applicable FINANCIAL CONSIDERATIONS: The total cost of the 1997/98 Law Enforcement Services agreement will be $3,193,514. This represents an increase of $73,692 or approximately 2.3%. The cost of the proposed agreement is reflected in the 1997/98 operating budget. NOTIFICATION: Not applicable ALTERNATE ACTIONS: y Agenda Item -3- July 1, 1997 1. Approve the attached Fourth Amendment to Agreement between the City of San Juan Capistrano and the County of Orange for provision of law enforcement services during the 1997/98 fiscal year. 2. Continue this item 3. Request additional information from staff. RECOMMENDATION: Approve the attached Fourth Amendment to Agreement between the City of San Juan Capistrano and the County of Orange for the provision of law enforcement services during the 1997/98 fiscal year. Respectfully bmitted, 4 G e Sc orough, City Mana er Attachment: 4th. Amendment to the Five Year Law Enforcement Agreement. 0 0 January 8, 1997 Chris Woods Moulson Manager, Law Enforcement Contracts Sheriff -Coroner Department County of Orange P. O. Box 449 Santa Ana, California 92702-0449 MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL JOHN GREINER WYATT HART GIL JONES DAVID M. SWEROLIN CITY MANAGER GEORGESCARBOROUGH Re: 1996-1997 Third Amendment to Law Enforcement Services Aareement Dear Ms. Moulson: At their meeting of January 7, 1996, the City Council of the City of San Juan Capistrano approved the 1996-97 Third Amendment for the Five -Year Law Enforcement Services Agreement. Four copies of the agreement have been signed by the City and are enclosed. Upon approval of the Board of Supervisors, please return one fully -executed copy to the City Clerk's office. Thank you for your cooperation. If I can be of further assistance, I can be reached at 443-6308. Ve truly yours, C e John n City Clerk Enclosure 19400 PASEO ADELANTO. SAN .JLJAN CAPISTRANO. CALIFORNIA 92675 • (714) 493-1171 AWARD OF BID - COMMUNITY SERVICES BROCHURE (COMMUNITY SERVICES NETWORK_ INC.) (600.30) Written Communication: Report dated January 7, 1997, from the Community Services Director, recommending that the bid to produce four quarterly Community Services brochures, Scope "B", be awarded to the lowest responsible bidder, Community Services Network, Inc., in the amount of $2,800 ($700 quarterly) for the one-year period ending December 31, 1997. Samples of the three styles proposed were on display. Mr. King recommended that the second sentence of Section 1-G be modified as follows: "The submission to Community ,Services Network, Inc. of an approved final proof initialed by City shall constitute final approval for printing." In response to an inquiries by Council Member Campbell, Mr. King stated that anyone had the opportunity to bid on this project and that staff had considered all bids submitted. Approval of Community Services Brochure Production, Scope "B"_ and Newsletter: It was moved by Council Member Hart, seconded by Council Member Campbell, and unanimously carried that the bid to produce four quarterly Community Services brochures, Scope "B" (61/6" x 103/4"), be awarded to the lowest responsible bidder, Community Services Network, Inc., in the amount of $2,800 ($700 quarterly) for the one-year period ending December 31, 1997. All other bids were rejected. The Mayor was authorized to execute the contract on behalf of the City, with the following modification to the second sentence of Section I -G: "The submission to Community Services Network, Inc. of an approved final proof initialed by City shall constitute final approval for printing." Staff was authorized to redirect the $3,000 in cost savings to fund the new target marketing newsletter. POLICE SERVICES —� 1. THIRD AMENDMENT TO LAW ENFORCEMENT SERVICES AGREEMENT (COUNTY OF ORANGE) (600.50) Written Communication: Report dated January 7, 1997, from the Chief of Police Services, recommending that: 1) the proposed Third Amendment to the Five -Year Law Enforcement Agreement with the County for fiscal year 1996-97 be approved to provide an additional Deputy Sheriff for traffic enforcement (motorcycle); and 2) a Notice of Bids be approved for the purchase of a 1996 Kawasaki KZIOOOP police motorcycle with infrared radar gun for speed detection. The total costs related to the additional officer and purchase of motorcycle are $74,189.57 for fiscal year 1996-97. City C.U.61 Minutes -23- 1/7/97 AGENDA ITEM January 7, 1997 TO: George Scarborough, City Manager FROM: Lt. Paul Sullivan, Chief of Police Services SUBJECT: Third Amendment to Five Year Law Enforcement Services Agreement for Fiscal Year 1996/97. RECOMMENDATION: By motion: a.) Approve the attached Third Amendment to Agreement between the City of San Juan Capistrano and the County of Orange for provision of law enforcement services during the 1996/97 fiscal year. b.) Approve Notice of Bids for the purchase of a 1996 Kawasaki KZ 1000P police motorcycle. SITUATION: Over the years the traffic on Ortega Highway has increased in volume because of continued development and commuter traffic from Riverside County. This increase is not limited to just commuters as the City has seen a significant increase in large commercial trucks such as sand and gravel and large commercial haulers. In an effort to analyze the traffic enforcement needs and the impacts of increased traffic flow, traffic was monitored for a eight week period. The monitoring period began on 8-4-96 and ended on 9-28- 96. Each week a report was generated showing the total time of enforcement, number of citations and the type of violations. During the survey 113 hours of enforcement time was utilized, 195 citations were issued, 99 for speed, 47 for equipment violations, 16 moving violations and 33 classified as other. Of the 99 speed violators 68 were passenger vehicles, 30 were pick-up trucks, 1 was a motorcycle and no citations were issued to large commercial vehicles. The 47 equipment violations were issued by the City's Commercial Traffic Enforcement Deputy. The violations ranged from unsafe brakes and faulty equipment to spilled loads and weight violations. The vehicles in violation ranged from small commercially used pick-ups to large trash hauling vehicles. One interesting note is that of the 195 drivers, cited only 21 were San Juan Capistrano residents. A good portion of the remaining violators came from the Lake Elsinore and surrounding Riverside County area. In discussing this enforcement program with the traffic officers and their supervisors it became apparent that speeding on the Ortega Highway is a major concern. Deputies indicated they could have written more citations, but were impeded by heavy traffic and were unable to stop speed FOR CITY COUNCIL AC::c,'6 l_ violators. Deputies indicated radar enforcement is difficult in a police unit. Violators are detected by radar but deputies can't get into traffic in time to stop them. A majority of the speed violators are commuters either in a hurry to get to the freeway or around large trucks before the road turns into two lanes. On September 30th., and October 5th., Police Services utilized motor officers from San Clemente Police Services in an attempt to find a more efficient and effective form of traffic enforcement. These dates were picked, one a week day the other a week end, to determine when most violations occurred. On the first day, of enforcement the officer worked the early day shift and issued 19 citations. Fourteen of the tickets were for speeding; the remaining 5 were for illegal turns and red light violations. The officer indicated all of the violators were passenger vehicles and all trucks picked up on radar were in compliance with speed laws. On the second day of enforcement the officer issued 9 citations, 6 of those were for speed. Commuter and truck traffic was light. Each officer indicated they were able to stop vehicles because they could monitor traffic from sidewalks and parking lots and enter traffic much easier than a patrol unit. On just one commuter day of traffic, officers assigned to motorcycles exceeded the weekly average of citations issued by officers in patrol units. This is due primarily to the officers' ability to get into the flow of traffic and stop violators. Also officers assigned to motorcycles work only traffic enforcement and do not handle calls for service giving them more time to concentrate on problem traffic areas. Police Services recommends the City amend the present law enforcement contract with the County of Orange and include an additional Deputy Sheriff for traffic enforcement. Motorcycle traffic enforcement is considered the most effective form of traffic control and enforcement. Due to their mobility and ease of getting in and out of congested traffic their enforcement capabilities are far superior than a traffic officer in a patrol unit. The primary duty of a motor unit is ticket writing and selective traffic enforcement. In 1996 the City of Mission Viejo added two additional motor officers to their traffic enforcement staff. During the first 8 months of 1996, Mission Viejo Police Services saw a 7% decrease in traffic accidents from the same period in 1995. Their citation totals went up by 44%. Mission Viejo Police Services, San Clemente Police Services and the Sheriffs Department Traffic Division all indicate that increased traffic enforcement equates to lower number of accidents. Each has experienced increased traffic problems when motor officers have been off-duty for extended periods of time. The only downside of a motor unit is its restriction on handling calls for service. The officer is limited to those calls where they can keep an eye on the motorcycle. Due to the exposure of equipment the motorcycle is subject to vandalism. The Orange County Sheriff's Department does not provide motorcycles as a part of their transportation fleet. With Council's approval, a Notice Inviting Bids has been submitted for the purchase of a 1996 Kawasaki KZ1000P police motorcycle. The motorcycle and its related equipment will be owned and serviced by the City. It is also recommended the officer be supplied with an infrared laser radar gun for speed detection. This radar gun allows the officer to target specific vehicles from a greater distance. Currently the radar equipment used by traffic deputies puts out a wide beam that will pick up several cars in congested traffic. The newer infrared radar is more efficient in congested traffic. The following is a breakdown of costs related to motorcycle service: 1. Uniform requirements Motor Pants Motor Boots Motor cycle Helmet Leather Jacket 2. Motorcycle 3. Emergency Equipment Lights and Siren Radio Helmet Headset Laser Directed Radar 4. Equipment Maintenance Gas Routine Service 5. Motorcycle Training 6. Additional Deputy Sheriff Total Jan -June 1997 Estimated First Year Future Costs Costs $ 105.95 279.95 126.95 245.00 $ 9,583.72 $ 1,756.00 775.00 550.00 5,000.00 $ 353.00 $ 353.00 2,500.00 2,500.00 $ 1,109.00 $ 58,389.00 $ 74,189.57 $ 116,778.00 $119,631.00 COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: None FINANCIAL CONSIDERATIONS: The total cost for adding the Deputy and related equipment for Fiscal Year 1996/97 would be $ 74,189.57. Adding the position at mid -year will reflect in 6 months of service. This addition would be funded by revenue received from the County importation fees and potential revenue from increased number of citations. During the fiscal year 1996/97 it is anticipated the City will receive approximately $ 96,000 in importation fees towards mitigation efforts. In comparing Mission Viejo's motor officer and the City's traffic deputy, the motor officer writes twice as many tickets. Agenda Item -4- 0 January 7, 1997 This is largely due to his ability to stop traffic violators and his only responsibility is traffic enforcement. Revenue projections of citations are difficult to calculate because of variable factors. The City receives a monthly check from the State for traffic citation fines, but it does not break out each citation. Additionally each violation may result in a different fine based on the violation itself, the speed of the violator and if the violation occurred in the State's double fine zone. Based on the past three years of actual fines received from the State, a traffic deputy produces on the average $26,797 a year in fines. It's safe to say the additional deputy will at least equal this figure. It is anticipated during the first year the motor officers impact on the Ortega Highway will be high and numerous citations will be issued. As the public becomes more familiar with this enforcement pattern a learning curve will appear and citations will diminish. NOTIFICATION: None ALTERNATE ACTIONS: Ia. By motion approve the Third Amendment to Agreement between the City of San Juan Capistrano and the County of Orange for provision of law enforcement services during the 1996/97 fiscal year. lb. Approve Notice of Bids for the purchase of a Kawasaki KZ 1000P police motorcycle. Do not approve attached Third Amendment to Agreement between the City of San Juan Capistrano and the County of Orange for provision of law enforcement services during the 1996/97 fiscal year and do not approve Notice of Bids for the purchase of a Kawasaki KZ 1000P. Police motorcycle. 3. Direct staff to provide further information. RECOMMENDATION: By motion: a.) Approve the attached Third Amendment to Agreement between the City of San Juan Capistrano and the County of Orange for provision of law enforcement services during the 1996/97 fiscal year. b.) Approve Notice of Bids for the purchase of a 1996 Kawasaki KZ 1000P police motorcycle. Agenda Item 5- January 7, 1997 Respectfully submitted, x *z -w -) - Lt. Paul Sullivan Chief of Police Services SERVING THE UNINCORPORATED AREAS OF ORANGE COUNTY AND THE CITIES OF: •HERIFF-CORONER DEPARTMOT COUNTY OF ORANGE CALIFORNIA DANA POINT SAN CLEMENTE LAGUNA HILLS SAN JUAN CAPISTRANO LAGUNA NIGUEL STANTON LAKE FOREST VILLA PARK MISSION VIEJO March 12, 1997 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attention: Cheryl Johnson Dear Ms. Johnson: BRAD GATES SHERIFF -CORONER RAUL RAMOS UNDERSHERIFF ASSISTANT SHERIFFS JOHN HEWITT JERRY KRANS DENNIS LADUCER DOUG STORM Enclosed is your fully executed Third Amendment to the law enforcement services Agreement with the Sheriff -Coroner. The Amendment adds a Deputy Sheriff position effective January 17, 1997. The revised Maximum Obligation is now $3,119,822. Also enclosed is a copy of the Orange County Board of Supervisors' Minutes of January 28, 1997 approving the Amendment. If I can be of any further assistance, please call me at 834-6431 Sincerely, Chris Woods Moulson Manager, Law Enforcement Contracts Enclosures cc: Linda Robinson Captain Tim Simon Lieutenant Sullivan CWM:pI 550 N. FLOWER STREET • P.O. BOX 449 • SANTA ANA, CALIFORNIA 92702-0449 • (714) 647-7000 Ste+' SERVING THE UNINCORPORATED AREAS OF ORANGE COUNTY AND THE CITIES OF: DANA POINT SAN CLEMENTE LAGUNA HILLS SAN JUAN CAPISTRANO LAGUNA NIGUEL STANTON LAKE FOREST VILLA PARK MISSION VIEJO *I-IERIFF-CORONER DEPARTMOF COUNTY OF ORANGE CALIFORNIA BRAD GATES SHERIFF -CORONER November 27,1996 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attention: George Scarborough, City Manager Subject: 1996-1997 Third Amendment to the Law Enforcement Services Agreement Dear George: RAUL RAMOS UNDERSHERIFF ASSISTANT SHERIFFS JOHN HEWITT JERRY KRANS DENNIS LADUCER DOUG STORM Enclosed are four original sets of the 1996-1997 Third Amendment to the Five -Year Law Enforcement Services Agreement with the Orange County Sheriff -Coroner. The Amendment adds one Deputy Sheriff effective January 17, 1997 and increases the FY 96-97 costs to $3,119,822. After your City Council approves the Amendment, please obtain the necessary signatures on each of the four originals and then return all four originals to me so that I can schedule this for the Board of Supervisors' meeting. Thank you. Sincerely, /.11� IAIIW� Chris Woods Moulson Manager, Law Enforcement Contracts Enclosures cc: Linda Robinson Captain Tim Simon Lieutenant Sullivan CWM:pl 550 N. FLOWER STREET • P.O. BOX 449 • SANTA ANA, CALIFORNIA 92702-0449 • (714) 647-7000 0 ORANGE COUNTY BOARD OF SUPERVISORS MINUTE ORDER Ike k&moc rq 4 "to* taken 4 tie &wa 4 SaAo=da a ac R#ffmM28, 1997. APPROVED AS RECOMMENDED E OTHER ❑ Unanimous ■ (1) Smith (2) Silva (3) Spitzer (4) Steiner (5) Wilson Vote Key: Y= Yes; N=No; A=Abstain; X=Excused,• B.O. =Board Order Documents accompanying this matter: ❑ Resolution(s) ❑ Ordinances(s) ❑ Contract(s) Submitting AgraQMppartment.• Sher Coroner Department Tooic: Approve Third Amendment to Agreement with City of San Juan Capistrano for Law Enforcement Services ($3,119,822) and approve amendment to the Master Position Control ($51,805) -District 5 File No. 16321 Item No. 1 Special Notes: Copies sent to: �E(l Cd 60 / c:\uscr\ininordrnd.doc I certify that the foregoing is a true and correct copy of the Minute Order adopted by the Board of Supervisors, Orange County, State of California. DARLENE 1. BLOOM, Clerk of the Board By: Deputy a 0 ORANGE COUNTY BOARD OF SUPERVISORS MINUTE ORDER 74 aoffmm" ea action taken 4 de «tad 4 soaurlsau oK Dwewin 17, 1996, APPROVED AS RECOMMENDED 0 OTHER ❑ Unanimous ■ (1) Stanton (2) Silva (3) Saltarelli (A) Steiner (5) Wilson Vote Key: Y= Yes; N=No; A=Abstain; X=Excused, B. 0. =Board Order Documents accompanying this matter: ❑ Resolution(s) ❑ Ordinances(s) Contract(s) Submitting A=QWDcpartment: Sheri Coroner Tooic: Approve second amendment to Law Enforcement Services Agreement with the City of San Juan Capistrano, authorize amendment to Master Position Control to add one Deputy Sheriff II position, effective 1/1/97, and approve related budget adjustments - District 5 File No. 16321 Item No. 74 Special Notes: Copies sent to: j c:\user\minordmd.doc I certify that the foregoing is a true and correct copy of the Minute Order adopted by the Board of Supervisors, Orange County, State of California. DARLENE I BLOOM, Clerk of the Board By: /_G��YG�C Deputy AGENDA ITEM November 5,1996 TO: George Scarborough, City Manager FROM: Lt. Paul Sullivan, Chief of Police Services SUBJECT: Second Amendment to Five Year Law Enforcement Services Agreement for Fiscal Year 1996/97 Approve the attached Second Amendment to agreement between the City of San Juan Capistrano and the County of Orange for provision of law enforcement services during the 1996/97 fiscal year. SITUATION: On September 17th. 1996, during a Public Hearing, San Juan Police Services made recommendations to the Council on how to utilize funds from the recently enacted Brulte Bill. This legislation provided local police agencies with additional funding for enhancement of front line law enforcement service. Under the provisions of the bill funds allocated are to be used for additional staffing, equipment or programs that would improve law enforcement's efforts. After reviewing the City's law enforcement service it was recommended that additional staffing be added to the patrol division. The area that will benefit from the additional staffing is the swing shift( 3pm to 11 pm ) patrol. During 1995 deputies assigned to the swing shift handled 6,096 calls for service this is 1500 more then the day shift and 2500 more then the midnight shift. Based on statistical reporting of crime the most common time for crime to occur is during the hours of Spm to midnight. The additional staffing will improve police services ability to respond to critical incidents in a timely manner. I expect to see service level increases in arrests officer observations, preventable patrols and traffic. enforcement. The additional deputy will increase the law enforcement service contract by $64,138 from $3,003,879 to $3,068,017. This increase will be funded by the money received from Brulte Bill and will not require additional General Fund money during the 1996/97 fiscal year. The deputy's salary and benefits are reflected on page 2 of the amended agreement as $58,389. The additional $5,749 is for equipment including a patrol unit, radio, shotgun, video unit and pac-set. These items are included on page 4 under Service Charges. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: None FOR CITY COUNCIL AGED 0 Agenda Item FINANCIAL CONSIDERATIONS: 0 -2- November 5, 1996 The additional funding needed to add a deputy sheriff to the present law enforcement services contract is $64,138. This increase will be funded by the Brulte Bill and will not require any additional funds from the City's General Fund during the fiscal year 1996/97 ALTERNATE ACTIONS: Approve the attached Second Amendment to agreement between the City of San Juan Capistrano and the County of Orange for the provision of law enforcement services during the 1996/97 fiscal year. Do not approve the attached Second Amendment to agreement between the City of San Juan Capistrano and the County of Orange for the provision of law enforcement services during the 1996/97 fiscal year. 3. Direct staff to provide further information. RECOMMENDATION: Approve the attached Second Amendment to agreement between the City of San Juan Capistrano and the County of Orange for the provision of law enforcement services during the 1996/97 fiscal year. Respectfully submitted, 4lyou�/— Lt. Paul Sullivan Chief of Police Services &ERIFF-CORONER DEPARTM* COUNTY OF ORANGE CALIFORNIA BRAD GATES SHERIFF -CORONER SERVING THE UNINCORPORATED AREAS RAUL RAMOS OF ORANGE COUNTY AND THE CITIES OF: UNDERSHERIFF DANA POINT SAN CLEMENTE ASSISTANT SHERIFFS LAGUNA HILLS SAN JUAN CAPISTRANO JOHN HEWITT LAGUNA NIGUEL STANTON JERRY KRANS LAKE FOREST VILLA PARK DENNIS LADUCER MISSION VIEJO DOUG STORM January 17, 1997 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attention: Cheryl Johnson Dear Ms. Johnson: Enclosed is your fully executed Second Amendment to the law enforcement Agreement with the Sheriff -Coroner. The Amendment adds a Deputy Sheriff position effective January 1, 1997. The revised Maximum Obligation is now $3,068,017. Also enclosed is a copy of the Orange County Board of Supervisors' Minutes of December 17, 1996 approving the Amendment. If I can be of any further assistance, please call me at 834-6431. Sincerely, Epic 1l/1p Chris Woods Moulson Manager, Law Enforcement Contracts Enclosures cc: Linda Robinson Captain Tim Simon Lieutenant Sullivan CWM:pI ff 17,11 IT T -A 550 N. FLOWER STREET • P.O. BOX 449 • SANTA ANA, CALIFORNIA 92702-0449 • (714) 647-7000 E November 6, 1996 din � l�fp Alp AN1l0 nunisxm 1961 1776 Chris Woods Moulson Manager, Law Enforcement Contracts Sheriff -Coroner Department County of Orange P. O. Box 449 Santa Ana, California 92702-0449 Re: 1996-1997 Second Amendment to the Law Enforcement Services Agreement MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL NMATT HART GILJONES CAROLYN NASH DAVID SVVERDLIN CITY MANAGER GEORGESCARBOROUGH At their meeting of November 5, 1996, the City Council of the City of San Juan Capistrano approved the 1996-1997 Second Amendment to the Five -Year Law Enforcement Services Agreement with the Orange County Sheriff -Coroner, to provide for one additional Deputy Sheriff effective January 1, 1997. Four copies of the agreement have been signed by the City and are enclosed. Upon approval of the Board of Supervisors, please return one fully -executed copy to the City Clerk's office. Thank you for your cooperation. If I can be of further assistance, I can be reached at 443-6308. Very truly yours, eryl Jo u`'j`�lY� Cheryl John son City Clerk Enclosure M Lt. Sullivan &im, J�-rte W-0, t 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 i/ 0 9 COUNTY BILLING POLICY POLICY ATTACHMENT B All County agencies/departments/districts (County) governed by the Board of Supervisors shall bill contracting entities for materiels 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 prejudgment interest, of the contracting party for services or materiels in as much as this is a policy to enact standard billing practices. Il. 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 materiels and/or services shall be issued no later than five (5) working days after delivery by the County of the materiels and/or services. Examples of such one-time, non-recurring provision of materiels 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 materiels and/or services shall be issued according to the following frequency: 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 0 10 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. 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 materiels 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 materiels and/or services shall be issued after delivery by the County of the materiels 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 materiels and/or services shall be issued on a monthly basis and shall represent the cost of materiels 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 materiels 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). Page 2 of 4 (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.) 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 payor'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 monies 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. Page 3 of 4 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. 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 materiels 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 agenciesidepartments/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 CAO for concurrence in advance of filing an Agenda Item Transmittal (AIT) with the Clerk of the Board. The CAO, 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 CAO's recommendation relative thereto. Page 4 of 4 3-6-95 dj • ATTACHMENT C 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 service provided by the Sheriff's Department to contract cities, the following policy is in effect. 1. NON-RNSP CONTRACTED PATROL AND INVESTIGATION OFFICERS When assets (cash or property) are seized in CITY by contracted patrol or investigation personnel other than RNSP personnel, and subsequently forfeited to COUNTY, the forfeited assets shall be shared with CITY as set forth below, for the purpose of augmenting law enforcement services in CITY, subject to approval by the forfeiting agency (U.S. Attorney or State) of such sharing and use of forfeited assets. A portion of forfeited assets may be retained by COUNTY'S Sheriff Department, hereinafter referred to as "SHERIFF," to pay for departmental expenses not recovered through law enforcement contracts. In such cases, SHERIFF shall apply to the forfeiting agency for the return of a share of the assets to COUNTY. In his application, SHERIFF shall specify the percentage of shared assets returned to COUNTY 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 non-RNSP 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 non-RNSP 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 non-RNSP 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 paragraph 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. Page 1 of 2 i n Written Communication: Report dated July 2, 1996, from Douglas Dumbart, Management Analyst 11, noting that on May 7, 1996, the plans presented for approval differed from the fixtures presented for discussion. While staff had received assurance from the manufacturer that the difference in fixtures would not affect photometry, contractors bidding the job disagreed, as did the illuminating engineer. Fixtures were again presented for consideration for the parking lots off El Camino Real in the Historic Town Center. Because of insufficient photometrics, staff recommended that the vertical bum lamp with prismatic refractor panels be approved in lieu of the previously approved horizontal bum lamp with cut-off optics in order to ensure adequate lighting of the parking lots. Models and photometric plans of both fixtures manufactured by Hadco were on display. Bill Lathrop and Roger Northrop, Illuminating Engineers of Lumen -8, 20452 Carrey Road, Walnut 91789, explained the differences between the two styles. Council Member Campbell inquired whether the vertical bum lamp fixture would be acceptable to Council Member Nash, who was absent. Mr. Scarborough indicated that although Council Member Nash preferred the horizontal bum lamp, she would probably oppose an increase in the number of fixtures to meet the light levels needed. He noted that the height of the vertical bum lamp fixture would be limited to 14 feet. Approval of Fixture for Downtown Parking Lot Light Fixtures: It was moved by Council Member Jones, seconded by Council Member Swerdlin, and unanimously carried that the following future be approved for the temporary parking lots off El Camino Real in the Ffe nc Town Center: single -top, pole -mounted, lantern style fixture on concrete pedestal with vertical -bum lamp and prismatic reflector panels. Written Communication_ Report dated July 2, 1996, from the City Manager, recommending that the First Amendment to the Agreement between the City and the County for law enforcement services be approved for fiscal year 1996-97 at a total cost of $3,003,879. The Agreement provides for an additional parking control officer, personnel cost increases, equipment replacement, and overtime expenditures. Approval of First Amendment to Agreement with Coumv for Law Enforcement Services: It was moved by Council Member Jones, seconded by Council Member Campbell, and unanimously carried that the Fust Amendment to Agreement between the City and the County City Co it nrua<. a 7n�% for law enforcement services be approved for fiscal year 1996-97 at a total cost of $3,003,879. The Mayor was authorized to execute the Amendment on behalf of the City. • t • ;Wil • 9111 COMMtut 03WILOMtW 4 VJ I Zwommt • • �a�t to r ►rr : •. : u.lt • „t„t emu Finding for Consideration of Off -Agenda Item: It was moved by Council Member Campbell, seconded by Council Member Swerdlin, and unanimously carried to find that this item was not available prior to publication of the Council agenda and consideration was necessary at this time. Written Communication: Report dated July 2, 1996, from the Planning Director, recommending that the request by the City's Planning Commission be approved to allow additional time for the Commission to review the concept plans for the Community Center and to have revised exhibits prepared. Mr. Tomlinson made an oral presentation, emphasizing that the intent of the Planning Commission's request was to ensure that the plans/exhibits to be presented to the City Council are consistent with the Commission's recommendations. Mayor Hart concurred, urging the Planning Commission to take whatever time it needs to complete its review of the Community Center plans and present a finalized plan to the City Council. He emphasized the importance of the Commission's input, noting that it was not the City Council's intent to design the project. Approval of Additional Time for Planning Commission Review of JhLC2MMw1& Center Concept Plans;. It was moved by Council Member Campbell, seconded by Council Member Swerdlin, and unanimously carried that additional time be granted to the Planning Commission to review the concept plans for the Community Center and to have revised exhibits prepared for Commission review prior to City Council consideration_ The Council confirmed the role of the Planning Commission in providing recommendations to the City Council on the concept plans for the Community Center. rtla: 1: t► •ailJ a VA r maelai n.• J• (Ims J alslv pill: t Findina for Consideration of Off -Agenda Item It was moved by Mayor Hart, seconded by Council Member Swer" and unanimously carried to find that this item was not available prior to publication of the Council agenda and consideration was necessary at this time. City co;md Ante as V1196 AGENDA ITEM July 2, 1996 TO: Honorable Mayor and City Council FROM: George Scarborough, City Manager SUBJECT: First Amendment to Five Year Law Enforcement Services Agreement for Fiscal Year 1996/97. RECOMMENDATION: Approve the attached First Amendment to Agreement between the City of San Juan Capistrano and the County of Orange for the provision of law enforcement services during the 1996/97 fiscal year. SITUATION: The attached First Amendment of the 5 year Law Enforcement Services Agreement between the City of San Juan Capistrano and the County of Orange provides for the continuation of Sheriff services to the City during the fiscal year 1996/97. The agreement describes the quantities of patrol/traffic services, investigation services, supervision, administrative and support services, commercial vehicle inspection and enforcement, community based policing and parking control that will be provided during the next fiscal year. The agreement also describes the City's contribution for leasing certain equipment needed by Sheriffs deputies. The proposed contract will include a service level increase in parking enforcement. Staff recommends the additional parking control officer to provide a more consistent and comprehensive parking enforcement program. Presently, the City contracts for one officer, 40 hours a week. The work load is far greater then one person can handle. The current parking control officer is responsible for commuter parking, downtown business parking, parking permit programs, school parking enforcement, street sweeping and abandoned vehicle abatement. The second officer will give the City week -end coverage vacation relief coverage and expanded enforcement hours. The total cost of this increase is $64,904. It is anticipated the additional officer will generate approximately $40,000 in parking fine revenue. The remaining $121,253 in increases are the direct result of personnel cost increases, equipment replacement and overtime expenditures. In December of 1994, the County of Orange filed for bankruptcy and all negotiated pay raises were suspended. As part of the bankruptcy recovery plan FOR CITY COUNCIL AGENDA..,!. - /C It Agenda Item -2- July 2, 1996 all raises have been reinstated, these cost increases will be reflected in the up -coming fiscal year. Personnel cost increases included a $600.00 per deputy medical insurance increase and retirement rates rose nearly 5% for sworn staff and 4% for non sworn staff members. Overtime and mileage costs are figured from actual usage from the pervious year and both categories experienced increases. What it is not reflected in this contract, but recommended by staff is the personnel increase of one deputy sheriff in January 1997. This position is necessary because San Juan Capistrano deputies, on the average, respond to approximately 20% more calls for service than other south county cities. As a result our effectiveness in traffic enforcement and preventative patrol time suffers. An amended contract will be introduced to the City Council in December of 1996. The cost of the proposed Sheriff's Department contract is $3,003,879, an increase of $186,157 from last year's contract. If Council elects to increase staffing at mid -year the increase would be $249,752. Staff recommends Council approve the attached Sheriffs contract. The proposed costs have been included in the 1996/97 operating budget, including the additional staffing request of one deputy sheriff in January of 1997. COMMISSIONBOARD REVIEW AND RECOMMENDATIONS: Not applicable FINANCIAL CONSIDERATIONS: The total cost of the 1996/97 Law Enforcement Services Agreement will be $3,003,879. This represents an increase of $186,157 or approximately 6.5%. The cost of the proposed agreement is reflected in the 1996/97 operating budget. NOTIFICATION: Not applicable ALTERNATE ACTIONS: Approve the attached First Amendment to Agreement between the City of San Juan Capistrano and the County of Orange for provision of law enforcement services during the 1996/97 fiscal year. 2. Continue this item. 3. Request additional information from staff. • Agenda Item -3- July 2, 1996 RECOMMENDATION: Approve the attached First Amendment to Agreement between the City of San Juan Capistrano and the County of Orange for the provision of law enforcement services during the 1996/97 fiscal year. Attachment: 1 st. Amendment to the Five Year Law Enforcement Agreement. 9. APPROVAL. OF RETROACTIVE PAY RAISES FOR LAW ENFORCEMENT nnn Cil XMi _T /nn A,.rn_c nnT TA T VTmn � .. r.,.. ,. n.. .... ,.... .i,... �,.. As set forth in the Report dated July 2, 1996, from the Chief of Police Services, funds in the amount of $52,157 were allocated from General Funds Reserves to retroactively pay law enforcement personnel for scheduled pay raises delayed because of the County's bankruptcy in 1994. Proposal: Continued review of the draft Seven -Year Capital Improvement Program for fiscal years 1996 through 2003. Written Communication: Report dated July 2, 1996, from the Director of Engineering and Building, recommending that the seven-year CIP program be adopted as revised, with expenditures totaling $5,866,323. Mr. Huber summarized the proposed revisions made in response to comments at the June 18 meeting. He noted that the recommendations for four additional CIP projects suggested by Mayor Hart were currently being investigated by staff, and a report would be provided to the Council within 60 days, as directed by the Council. Public Hearing: Notice having been given as required by law, Mayor Hart opened the Public Hearing, and there being no response, closed the hearing with the right to reopen at any time. Adoption of Resolution Approving Seven -Year Capital Imnrovement Program: It was moved by Council Member Swerdlin, seconded by Council Member Jones, that the following Resolution be adopted: RESOLUTION NO. 96-7-2-2. ADOPTING 1996-2003 CAPITAL EYPENDrrURES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING APPROPRIATIONS AND AUTHORIZING EXPENDITURES RELATED TO THE 1996-2003 SEVEN-YEAR CAPITAL IMPROVEMENT PROGRAM. The motion carried by the following vote: City Council Minutes -5- 7/2/96 '(01WIZ Ole) / � :: 1►1►1 l► 11 ' ' . � ►I• ►I • I 11►I 1 11 Proposal: Continued review of the draft Seven -Year Capital Improvement Program for fiscal years 1996 through 2003. Written Communication: Report dated July 2, 1996, from the Director of Engineering and Building, recommending that the seven-year CIP program be adopted as revised, with expenditures totaling $5,866,323. Mr. Huber summarized the proposed revisions made in response to comments at the June 18 meeting. He noted that the recommendations for four additional CIP projects suggested by Mayor Hart were currently being investigated by staff, and a report would be provided to the Council within 60 days, as directed by the Council. Public Hearing: Notice having been given as required by law, Mayor Hart opened the Public Hearing, and there being no response, closed the hearing with the right to reopen at any time. Adoption of Resolution Approving Seven -Year Capital Imnrovement Program: It was moved by Council Member Swerdlin, seconded by Council Member Jones, that the following Resolution be adopted: RESOLUTION NO. 96-7-2-2. ADOPTING 1996-2003 CAPITAL EYPENDrrURES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING APPROPRIATIONS AND AUTHORIZING EXPENDITURES RELATED TO THE 1996-2003 SEVEN-YEAR CAPITAL IMPROVEMENT PROGRAM. The motion carried by the following vote: City Council Minutes -5- 7/2/96 AGENDA ITEM July 2, 1996 TO: George Scarborough FROM: Lt. Paul Sullivan, Chief of Police Services SUBJECT: Retroactive Pay Raises for Law Enforcement Personnel ECOMMENDATION: Approve allocation of funds for scheduled pay raises for law enforcement personnel held up by the County of Orange Bankruptcy. SITUATION: On December 6th., 1994 the County of Orange filed for bankruptcy protection under Chapter 9 of the U. S. Bankruptcy Code. On December 22nd., The Orange County Board of Supervisors declared an emergency and implemented cost reduction measures. As part of the reduction all negotiated salary increases for County employees were suspended. This included a scheduled 3.5% increase for members of the Association of Orange County Deputy Sheriffs and a 2.5% increase pay increase for those employees represented by the Orange County Employees Association. The budgeted 1995/96 costs for the City of San Juan Capistrano's law enforcement contract with the County of Orange was $2,817,722. These costs did not include pay raises that were suspended by the Board of Supervisors In May of 1995, the City was informed that as part of the on going negotiation with the County and creditors of the bankruptcy pay raises would be included in the recovery plan. These pay raises were not included in the 1995/96 budget because negotiations were at best tenuous and an actual recovery date did not appear to be in the near future. The City was given two options on how to pay for this increase: 1) approve funds to cover the raises, or 2) reduce the City's law enforcement service level. Staff does not recommend option #2. In Late May of 1996, the Orange County Bankruptcy Recovery Plan was approved by the U.S. Bankruptcy Court. As part of the plan all negotiated pay raises were reinstated and payed retroactively. The cost to the City of San Juan Capistrano is $52,157. Staff recommends the Council approve the allocation of funds for the fiscal year 1995/96 to cover this increase from the General Fund Reserves. FOR CITY COUNCIL AGEN J�/ 0 9 Agenda Item -2- COMMISSIONBOARD REVIEW AND RECOMMENDATIONS: Not applicable FINANCIAL CONSIDERATIONS: July 2, 1996 Negotiated pay increases would amount to $52,157 for the fiscal year 1995/96. These funds would be paid from the City's General Funds Reserve. NOTIFICATION: None ALTERNATE ACTIONS: Approve allocation of funds for scheduled pay raises for law enforcement personnel held up by the Orange County Bankruptcy. 2. Continue this item. 3. Request additional information from staff. RECOMMENDATION: Approve allocation of funds for scheduled pay raises for law enforcement personnel held up by the Orange County Bankruptcy. Respe lly submitted, /-1,;4mU Lt. Paul Sullivan Chief of Police Services Attachment: Letter from Sheriff Brad Gates *ERIFF-CORONER DEPARTMEO COUNTY OF ORANGE CAUFURNIA SERVING THE UNINCORPORATED AREAS OF ORANGE COUNTY AND THE CITIES OF OFFICE OF J -c;'1 r� :--CORONER DANA POINT SAN CLEMENTE LAGUNA HILLS SAN JUAN CAPISTRANO LAGUNA NIGUEL STANTON LAKE FOREST VILLA PARK MISSION VIEJO May 22, 1996 George Scarborough, City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capsitrano, CA 92675 Dear George: BRAG SHERIFF-,30RONER UNDE- -HERIT F ASSISTANT SHERIFFS JOHN HEWITT JERRY KRANS DEWS IADUCER DOUG STORM On May 31, 1995, 1 sent you a letter which explained the possibility that my employees providing contract law enforcement services in your. city might still receive previously negotiated pay raises which had been set aside by the Board of Supervisors because of the County's bankruptcy status. Section G-4 of your FY 95-96 Agreement notes that these pay raises are not included in your current contract costs. Section G-4 also provides that, if the County has to reinstate these raises, the City will have to pay for these additional costs. The Agreement gives the City the option of reducing service levels to offset some or all of this additional cost. I On May 15, 1996, the bankruptcy court approved the County's Second Amended Plan of Adjustment. This plan for moving the County out of bankruptcy requires that the County pay these retroactive raises to the staff performing work in your City. We have now calculated that these raises will result in additional costs of $52,157 for the City of San Juan Capistrano. Please advise us as soon as possible whether you would prefer that the Sheriff's Department bill you for this amount or that you and my staff look at reducing services levels. I want to apologize for any inconvenience or hardship which this additional charge creates for you. My staff will continue to provide the highest quality of law enforcement services to the residents of San Juan Capistrano. If you have any questions, please contact Lieutenant Sullivan or Contract Manager Chris Moulson. Sincerely, BPj7C ATE Sheriff -Coroner BG:CWM:dv MAY 2 3 1996 550 N. FLOWER STREET • P.O. BOX 449 • SANTA ANA, CALIFORNIA 92702-0449 • (714) 647-7000 • � i �t^--�`�C-fir BOARD OF SUPERVISORS ORANGE COUNTY, CALIFORNIA MINUTES JUNE 27, 1995 LAW ENFORCEMENT SERVICES: Sheriff -Coroner Department requests approval of a law enforcement services agreement with the City of San Juan Capistrano. MOTION: On motion by Supervisor Bergeson, seconded by Supervisor Steiner, the Board moved to: 1. Authorize execution of the Five -Year Agreement for law enforcement services with the City of San Juan Capistrano for the period July 1, 1995 through June 30, 2000. 2. Approve the charges for law enforcement services to the City of San Juan Capistrano, in the amount of $2,817,722, for the period July 1, 1995 through June 30, 1996. MOTION UNANIMOUSLY CARRIED. i June 21, 1995 �� �mlo.romEa MONISM 1961 1776 Chris Woods Moulson Manager, Law Enforcement Contracts Sheriff -Coroner Department County of Orange 320 North Flower Street Santa Ana, California 92703 Re: Five -Year Law Enforcement Agreement MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL WYATT HART OILJONES CAROLYN NASH DAVID SWEROLIN CITY MANAGER GEORGESCARSOROUGH At their meeting of June 20, 1995, the City Council of the City of San Juan Capistrano approved the Law Enforcement Agreement between the County of Orange and the City of San Juan Capistrano for the five-year period beginning July 1, 1995 and ending June 30, 2000. Four copies of the Agreement have been signed by the City and are enclosed. Upon approval of the Board of Supervisors,, please return one fully -executed copy to the City Clerk's office. Thank you for your cooperation. If we can be of further assistance, please call. Ve �o� urs, — Cheryl Joh on City Clerk Enclosures cc: Lt. Paul Sullivan 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171 0 Council recessed at 7:49 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 8:04 p.m. as the City Council. t u IJ 1114111LU M 13108 Written Communications: Report dated June 20, 1995, from the City Manager forwarding the proposed five-year agreement for Law Enforcement Services. The cost for the Fiscal Year 1995-96 Law Enforcement Services Agreement will be $2,817,722, which is an increase of $210,231, or eight percent, over Fiscal Year 1994-95. The Report noted that the Agreement provided for an additional eight hours per week for commercial vehicle enforcement and for the addition of a full-time Deputy Sheriff. The additional Deputy will be part of the Special Enforcement Team, which will expand its operation to provide community-based policing in targeted areas. The City Manager made an oral report. He advised that Laguna Niguel had withdrawn from the Commercial Enforcement Program and Dana Point and San Juan Capistrano would be splitting the costs. In response to Council Member Hart, Lt. Sullivan advised that the agreement reflected the fact that the salary increases that were supposed to be effective in October, 1994 had been taken back by the County. If the County loses its bankruptcy status and the employee associations get the salary increases, then there would be an increase in the costs. He emphasized that this agreement did not reflect any Deputy salary increases. Council Member Jones questioned what portion of the increased cost was the result of the two cities splitting the Commercial Enforcement Program costs, noting that his preference was to direct funds toward crime prevention. Lt. Sullivan advised that of the increased costs, $17,000 was from the increase in the Commercial Enforcement Program. The City Manager advised that the program generated revenue for the City. Council Member Campbell questioned what percentage of revenue was generated by the program and whether it could be raised by tougher enforcement. The City Manager stated that if the judges assessed all the fines they were legally able to assess, the City would receive more revenue. In response to Council Member Campbell, the City Manager stated a letter to the appropriate judges citing the City's concerns would be prepared for the Mayor's signature, and additional revenue information regarding the Commercial Enforcement Program would be provided. In response to Council Member Swerdlin, Ms. Pendleton advised that the parking control program generated approximately $65,000 to $70,000 per year. Lt Sullivan noted that the City Council Minutes -11- 6120195 AGENDA ITEM June 20, 1995 TO: Honorable Mayor and City Council FROM: George Scarborough, City Manager SUBJECT: Five -Year Law Enforcement Services Agreement for Fiscal Year 1995-96 RECOMMENDATION: Approve Agreement between the City of San Juan Capistrano and the County of Orange for the Provision of Law Enforcement Services during the 1995/96 Fiscal Year. SITUATION: The attached Five -Year Law Enforcement Services Agreement between the City of San Juan Capistrano and the County of Orange provides for the continuation of Sheriff Services to the City during the 1995-96 Fiscal Year. The Agreement describes the quantities of patrol/traffic services; investigation services; supervision, administrative and support services; commercial vehicle inspection services; and parking control services that will be provided during the next fiscal year. The Agreement also describes the City's contribution for leasing certain equipment needed by the Sheriffs' Officers. The Agreement will reflect an increased level of service in two areas, commercial vehicle inspection services and special enforcement. Presently, the City shares a Commercial Enforcement Deputy with the Cities of Dana Point and Laguna Niguel. The City and Dana Point each pay 30 per cent of salary and benefits and Laguna Niguel pays 40 per cent. The City of Laguna Niguel has asked to drop its portion of the position and redirect its funds towards crime prevention. Both Dana Point's and our Chief of Police Services considers Commercial Vehicle Enforcement a vital component of their overall traffic enforcement strategy. As commercial traffic continues to increase on the Ortega Highway, more enforcement is necessary to ensure safe passage. The net result is eight additional hours per week of enforcement. The single largest increase of the Police Services contract is the addition of a full-time Deputy Sheriff to the Special Enforcement Team. This addition will allow the Special Enforcement Team to expand its operation and provide for a Community Based Policing Project. Community Based Policing is a concept in law enforcement that brings the Police closer to the community they serve. Areas within the City will be targeted for increased service and enforcement. Targeted areas will include those with high crime, calls for service, high density population and cultural and social differences. Deputies FOR CITY COUNCIL AGEND I w Agenda Item -2- June 20, 1995 will be as much a problem solver and role model as a crime fighter. This will be done by using foot and bicycle patrols. Deputies will become involved in Neighborhood Watch Programs, interacting with community service obligations like the San Juan Task Force, Boys and Girls Club, community services and CSP. The Deputies will have a host of resources available in problem solving. Referrals will be made for mediation, narcotics and drug abuse, gang awareness and family counseling. The cost of the proposed Sheriffs' Department contract is $2,817,722, an increase of $210,231 from last year's contract. Also reflected in the contract, besides increased service levels, is increased costs for salaries, workers compensation benefits, medicare, patrol units and holiday pay. Savings were seen in the area of overtime and transportation costs, resulting in a $58,000 reduction from the previous year. Police Services is the single largest component of the City's operating budget. With the proposed increased service level, the City's commitment to public safety should be met. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: Not applicable. FINANCIAL CONSIDERATIONS: The total cost of the 1995-96 Law Enforcement Services Agreement will be $2,817,722. This represents an increase of $210,231 or approximately eight percent. The cost of the proposed agreement is reflected in the proposed 1995-96 operating budget. NOTIFICATION: Not applicable. ALTERNATE ACTIONS: Approve the attached Agreement between the City of San Juan Capistrano and the County of Orange for the Provision of Law Enforcement Services during the 1995-96 Fiscal Year. 2. Continue this item. 3. Request additional information from staff. 0 6 Agenda Item 3- June 20, 1995 RECOMMENDATION: Approve the attached Agreement between the City of San Juan Capistrano and the County of Orange for the Provision of Law Enforcement Services during the 1995-96. Respectfully su¢mitted, GS:PS:ms Attachment it r, 0 BOARD OF SUPERVISORS ORANGE COUNTY, CALIFORNIA MINUTES JULY 23, 1996 )RCEMENT SERVICES: Sheriff -Coroner requests to the law enforcement services agreement. MOTION: On motion by Supervisor Bergeson, seconded by Supervisor Saltarelli, the Board moved to: 1. Authorize execution of the First Amendment to the Law Enforcement Services Agreement with the City of San Juan Capistrano. 2. Approve the 1996-97 charges for law enforcement services to the City in the amount of $3,003,879 for the period July 1, 1996 through June 30, 1997. Supervisor Silva was absent. MOTION CARRIED. (Re Agenda Item 53) ERIFF-CORONER DEPARTMW COUNTY OF ORANGE CALIFORNIA BRAD GATES SHERIFF -CORONER SERVING THE UNINCORPORATED AREAS RAUL RAMOS OF ORANGE COUNTY AND THE CITIES OF: UNDERSHERIFF DANA POINT SAN CLEMENTE ASSISTANT SHERIFFS LAGUNA HILLS SAN JUAN CAPISTRANO JOHN HEWITT LAGUNA NIGUEL STANTON JERRY KRANS LAKE FOREST VILLA PARK DENNIS LADUCER MISSION VIEJO DOUG STORM August 6,1996 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attention: George Scarborough Dear Mr. Scarborough: Enclosed is your fully executed law enforcement services Agreement with the Sheriff -Coroner. The Agreement is in the amount of $3,003,879, and it covers the period from July 1, 1996 through June 30, 1997. Also enclosed is a copy of the Orange County Board of Supervisors' Minutes of July 23,1996 approving the Agreement. If I can be of any further assistance, please call me at 834-6431. Sincerely, Chris Woods Moulson Manager, Law Enforcement Contracts Enclosures cc: Linda Robinson Captain Tim Simon Lieutenant Sullivan CWM:dv AUG 7 1996 550 N. FLOWER STREET • P.O. BOX 449 • SANTA ANA, CALIFORNIA 92702-0449 • (714) 647-7000 ERIFF-CORONER DEPARTMf COUNTY OF ORANGE Y CALIFORNIA BRAD GATES SHERIFF -CORONER SERVING THE UNINCORPORATED AREAS RAUL RAMOS OF ORANGE COUNTY AND THE CITIES OF: UNDERSHERIFF DANA POINT SAN CLEMENTE ASSISTANT SHERIFFS LAGUNA HILLS SAN JUAN CAPISTRANO JOHN HEWITT LAGUNA NIGUEL STANTON JERRY KRANS LAKE FOREST VILLA PARK DENNIS LADUCER MISSION VIEJO DOUG STORM June 17,1996 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attention: George Scarborough, City Manager Subject: 1996-1997 First Amendment to the Law Enforcement Services Agreement Dear George: Enclosed are four original sets of the 1996-1997 First Amendment to the Law Enforcement Services Agreement with the Orange County Sheriff -Coroner. The Amendment is for the period from July 1, 1996, to June 30, 1997, and the total cost is $3,003,879. The Amendment includes changes in the language concerning video cameras and the addition of one Community Services Officer. After your Council approves the Amendment, please obtain the necessary signatures on each of the four original sets and return them to me by as soon as possible so that I can schedule this for the Board of Supervisors' meeting. Thank you. Sincerely, 6 Chris Woods Moulson Manager, Law Enforcement Contracts Enclosures cc: Linda Robinson Captain Tim Simon Lieutenant Sullivan CWM:dv 550 N. FLOWER STREET • P.O. BOX 449 • SANTA ANA, CALIFORNIA 92702-0449 • (714) 647-7000 SERVING THE UNINCORPORATED AREAS OF ORANGE COUNTY AND THE CITIES OF: DANA POINT SAN CLEMENTE LAGUNA HILLS SAN JUAN CAPISTRANO LAGUNA NIGUEL STANTON LAKE FOREST VILLA PARK MISSION VIEJO SHERIFF -CORONER DEPARTWT COUNTY OF ORANGE CALIFORNIA City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Cheryl Johnson, City Clerk August 7,1995 BRAD GATES SHERIFF -CORONER HAUL RAMOS UNDERSHERIFF ASSISTANT SHERIFFS JOHN HEWITT JERRY KRANS DENNIS LADUCER DOUG STORM Enclosed is your fully executed law enforcement services Five Year Agreement with the Sheriff - Coroner. The Agreement covers the period from July 1, 1995 to June 30, 2000. The cost of services from July 1, 1995 to June 30,1996 is $2,817,222. Also enclosed is a copy of the Orange County Board of Supervisors' Minutes of June 27, 1995 approving the Agreement. If I can be of any further assistance, please call me at 834-6431. Sincerely, Chris Woods Moulson Manager, Law Enforcement Contracts Enclosures cc: Captain Simon Lieutenant Sullivan Sue Martin Diane Ramos CWM:dj 550 N. FLOWER STREET • P.O. BOX 449 • SANTA ANA, CALIFORNIA 92702-0449 • (714) 647-7000 aLi+' c n m D O e CJ'! 550 N. FLOWER STREET • P.O. BOX 449 • SANTA ANA, CALIFORNIA 92702-0449 • (714) 647-7000 aLi+'