23-0601_ORANGE, COUNTY OF_3rd Amd to Law Enforcement Agreement2
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THIRD AMENDMENT TO AGREEMENT
BETWEEN THE
CITY OF SAN JUAN CAPISTRANO
AND THE
COUNTY OF ORANGE
THIS THIRD AMENDMENT TO AGREEMENT, entered into this First
day of June 2023, 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, 2023, that certain
Agreement between the parties commencing July 1, 2020, hereinafter referred to as
the "Agreement".
1. For the period July 1, 2023 through June 30, 2024, REGULAR SERVICES BY
COUNTY, Subsections C-4 and C-10 of the Agreement are amended to read as
follows:
"C-4. The level of service, other than for licensing, to be provided by the
COUNTY for the period July 1, 2023 through June 30, 2024, is set forth in
Attachment A..
C-10. With the limitations set forth below, SHERIFF, on behalf of COUNTY, and
CITY Manager, on behalf of CITY, are authorized to execute written
amendments to this Agreement to increase or decrease the level of service
set forth in Attachment A, when SHERIFF and CITY Manager mutually
agree that such increase or decrease in the level of service is appropriate.
Any such amendment to the Agreement shall concomitantly increase or
decrease the cost of services payable by CITY set forth in Attachment C
and the Maximum Obligation of CITY set forth in Subsection G-2, in
accordance with the current year's COUNTY law enforcement cost study.
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SHERIFF and CITY Manager shall file copies of any such amendments to
this Agreement with the Clerk of COUNTY's Board of Supervisors and
CITY's Clerk. Except for costs related to Sections G -3a and G -3b, changes
to this Agreement executed by SHERIFF and CITY Manager may not, in the
aggregate, increase or decrease the cost of services payable by CITY by
more than one percent (1%) of the total cost originally set forth in
Attachment C and the Maximum Obligation originally set forth in Subsection
G-2.
Except for changes under Sections G -3a and G -3b, prior approval by
COUNTY's Board of Supervisors and CITY's Council is required before
execution of any amendment that brings the aggregate total of changes in
costs payable by CITY to more than one percent (1%) of the total cost
originally set forth in Attachment C and the Maximum Obligation originally
set forth in Subsection G-2 for FY 2023-24."
2. For the period July 1, 2023 through June 30, 2024, PAYMENT, Subsections G-2,
G-3, G-5, G-6, G-8 and G-10, of the Agreement are amended to read as follows:
"G-2. Unless the level of service as set forth in Attachment A, is increased or
decreased by mutual agreement of the parties, or CITY is required to pay
for increases as set forth in Subsection G-3, the Maximum Obligation of
CITY for services, other than Licensing Services, to be provided by the
COUNTY for the period July 1, 2023 through June 30, 2024 shall be
$12,122,216, as set forth in Attachment C.
The overtime costs included in the Agreement are only an estimate.
SHERIFF shall notify CITY of actual overtime worked during each fiscal
year. If actual overtime worked is above or below budgeted amounts,
billings will be adjusted accordingly at the end of the fiscal year. Actual
overtime costs may exceed CITY's Maximum Obligation.
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G -3a. At the time this Agreement is executed, there may be unresolved issues
pertaining to potential changes in salaries and benefits for COUNTY
employees. The costs of such potential changes are not included in the
FY 2023-24 cost set forth in Attachment C nor in the FY 2023-24 Maximum
Obligation of CITY set forth in Subsection G-2 of this Agreement. If the
changes result in the COUNTY incurring or becoming obligated to pay for
increased cost for or on account of personnel whose costs are included in
the calculations of costs charged to CITY hereunder, CITY shall pay
COUNTY, in addition to the Maximum Obligation set forth in Subsection G-2
of this Agreement, the full costs of said increases to the extent such
increases to the extent such increases are attributable to work performed by
such personnel during the period July 1, 2023 through June 30, 2024, 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, 2023 and
June 30, 2024 remaining after COUNTY notifies CITY that increases are
payable.
If the changes result in the COUNTY incurring or becoming obligated to pay
for decreased costs for or on account of personnel whose costs are
included in the calculations of costs charged to CITY hereunder, COUNTY
shall reduce the amount owed by the CITY to the extent such decreases
are attributable to work performed by such personnel during the period
July 1, 2023 through June 30, 2024, and CITY's Maximum Obligation
hereunder shall be deemed to have decreased accordingly. COUNTY shall
reduce required payment by CITY in full for such decreases on a pro -rata
basis over the portion of the period between July 1, 2023 and
June 30, 2024 remaining after COUNTY notifies CITY that the Maximum
Obligation has decreased.
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G -3b. If CITY is required to pay for increases as set forth in Subsection G -3a
above, COUNTY, at the request of CITY, will thereafter reduce the level of
service to be provided to CITY as set forth in Attachment C of this
Agreement to a level that will make the Maximum Obligation of CITY
hereunder for the period July 1, 2023 through June 30, 2024 an amount
specified by CITY that is equivalent to or higher than the Maximum
Obligation set forth in Subsection G-2 for said period at the time this
Agreement originally was executed. The purpose of such adjustment of
service levels will be to give CITY the option of keeping its Maximum
Obligation hereunder at the pre -increase level or at any other higher or
lower level specified by CITY. In the event of such reduction in level of
service and adjustment of costs, the parties shall execute an amendment to
this Agreement so providing. Decisions about how to reduce the level of
service provided to CITY shall be made by SHERIFF with the approval of
CITY.
G-5. COUNTY shall invoice CITY monthly, one -twelfth (1/12) of the Maximum
Obligation of CITY. If a determination is made that increases described in
Subsection G-2 must be paid, COUNTY thereafter shall include the pro -rata
charges for such increases in its monthly invoices to CITY for the balance
of the period between July 1, 2023 and June 30, 2024.
G-6. CITY shall pay COUNTY in accordance with COUNTY Board of
Supervisors' approved County Billing Policy, Attachment D.
G-8. As payment for the Licensing Services described in Subsection C-8 of this
Agreement, COUNTY shall retain all fees paid by applicants to the County
for licenses, pursuant to CITY ordinances listed in Attachment B. Retention
of said fees by COUNTY shall constitute payment in full to COUNTY for
costs incurred by COUNTY in performing the functions related to licensing
described in Subsection C-8; provided, however, that if any of said fees are
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waived or reduced by CITY, CITY shall pay to COUNTY the difference
between the amount of fees retained by COUNTY and the fees that were
set forth in the ordinances listed in Attachment B as of July 1, 2023. Should
CITY increase the fee schedule for the licensing ordinances set forth in
Attachment B, either party shall have the right to seek amendment of this
Agreement with respect to the division of the increased fees between CITY
and COUNTY.
G-10. Narcotic asset forfeitures will be handled pursuant to Attachment E."
3. For the period July 1, 2023 through June 30, 2024, ALTERATIONS OF TERMS —
SECTION K, of the Agreement is amended to read as follows:
This Agreement is comprised of this documents and Attachments A through G,
which are attached hereto and incorporated herein by reference. 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, unless expressly provided herein, shall be valid unless made in writing,
formally approved and executed by duly authorized agents of both parties. For the
period July 1, 2023 through June 30, 2024, Attachments A and C are modified as
attached.
4. All other provisions of the Agreement, to the extent that they are not in conflict with
this THIRD AMENDMENT TO AGREEMENT, remain unchanged.
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IN WITNESS WHEREOF, the parties have executed the THIRD
AMENDMENT TO AGREEMENT in the County of Orange, State of California.
6/28/23
ATTEST:
City Clerk
DATED: (V I(97 I 93
COUNTY OF ORA
BY: 621
Chairman of the B
County of Orange,
DATED:
CITY OF SAN JUAN CAPISTRANO
BY: -�j
Mayor
APPROVED AS TO FORM:
BY: CQ Uy Attrn or e f'
of Supervisors
ifornia
SIGNED AND CERTIFIED THAT A COPY OF THIS
AGREEMENT HAS BEEN DELIVERED TO THE CHAIR
OF THE B ARD PER G.C. Sec. 25103, Reso 79-1535
Attest: / / /% _ r) /
Nooin btieier
Clerk of the Board
County of Orange, California
APPROVED AS TO FORM:
Office of the County Counsel
County of Orange, California
Annie Loo �A-I _
BY: .. a
Deputy
DATED 5/15/93
Page 6 of 7
ATTACHMENT A
ORANGE COUNTY SHERIFF -CORONER
FY 2023-24 LAW ENFORCEMENT CONTRACT
CITY OF SAN JUAN CAPISTRANO
"REGULAR SERVICES BY COUNTY"
(Subsection C-4)
LEVEL OF SERVICE PROVIDED BY SHERIFF:
Title
Detail
Quantity
Frequency
MANAGEMENT:
-- ----
-
Captain
Traffic
1.00
6.67%
SUPIEMSION:
Traffic
4.00
6.67%
SergeantP
atrol
4.00
each, 80 hrs./ per two wk. pay period
Sergeant
Administrative
1.00
80 hrs./ per two wk. pay period
INVESTIGATION SERVICES;
Investigator
Auto Theft
2.00
each, 80 hrs./ per two wk. pay period
PATfMANDTIRAFFIC SERVICIEW:
Auto Theft
2.00
Deputy Sheriff 11 -Patrol
Patrol
16.00�each,
�8O hrs./ per two wk. pay period
Deputy Sheriff 11 -Motor
Motorcycle
2.00
each, 80 hrs./ per two wk. pay period
ADDITIONAL SERVICES". 7 -
,S
DIET.
Crime Prevention Specialist
Crime Prevention
1.00
80 hrs./ per two wk. pay period
Community Services Officer
Parking Control
2.00
each, 80 hrs./ per two wk. pay period
Deputy Sheriff II
Community Support
1.00
80 hrs./ per two wk. pay period
Deputy Sheriff II
DET
1.00
80 hrs./ per two wk. pay period
Cadet
Extra Help
1,039 hours
- TOTAL
Miorcle SULervision
31.00"
7.55%
* Deployment to be determined by SHERIFF in cooperation with CITY Manager
REGIONAL / SHARED STAFF:
Title
Regional Team
Quantity
% Allocation
TRAFFIC:
Sergeant
Traffic
0.60
6.67%
Deputy Sheriff 11
Traffic
4.00
6.67%
Investigative Assistant
Traffic
2.00
6.67%
Office Specialist
Traffic
1.00
6.67%
AUTO THEFT-.,
Serqeant
Auto Theft
0.30
10.67%
Investigator
Auto Theft
2.00
10.67%
Investigative Assistant
Auto Theft
1.00
10.67%
Officeecialist
Auto Theft
1.00
10.67%
,S
DIET.
Sergeant
DET
1.00
8.76%
Investigator
DET
1.00
8.75%
iCOURTS: xp
Investi,gative Assistant
Courts
2.00
13.38%
MO_rV
ToCYC R LE (shared Srii
- -
Serqeant
Miorcle SULervision
1.00
7.55%
I TOTAL: T
.94 I
Page 7 of 1
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104/29/21
CITY OF SAN JUAN CAPISTRANO
ORDINANCE NO. 785 (5-24.01 MC)
ORDINANCE NO. 417 (5-18.02 MC)
ORDINANCE NO.869 (9-3.503 MC)
LICENSING
DANCE INSTRUCTOR (NUDE)
DANCE STUDIO (NUDE)
ESCORT
ESCORT BUREAU
FIGURE MODEL (NUDE)
FIGURE MODEL STUDIO (NUDE)
GUN DEALER
INTERLOCUTRIX (NUDE)
INTRODUCTORY SERVICE
JUNK COLLECTOR
JUNK DEALER
MASSAGE ESTABLISHMENTS
PEDDLER
POOLROOM
PUBLIC DANCE
RAP SESSION (NUDE)
SECONDHAND DEALER (Pawnbroker)
TAXICAB STAND
ATTACHMENT B
ATTACHMENT C
ORANGE COUNTY SHERIFF -CORONER
FY 2023-24 LAW ENFORCEMENT CONTRACT
CITY OF SAN JUAN CAPISTRANO
"PAYMENT"
(Subsection G-2)
COST OF SERVICES PROVIDED BY SHERIFF (Subsection G-21:
Title
Detail
Quantity
Cost of Service
(each)
Cost of Service
Total
MANAGEMENT:
TRAFFIC:
Captain
Traffic
1.00
$
433,756
$
433,756
_SUPERVISION:
4.00
6.37%
$
97,729
Investigative Assistant
Traffic
Sergeant
Patrol
4.00
$
359,633
$
1,438,532
Sergeant
Administrative
1.00
$
359,633
$
359,633
INVESTIGATION SERVICESi__..
_.. _.
' __
... _..
Auto Theft
_ _
_
$
Investigator
Investigator
2.00
$
355,121
$
710,242
PATROLANDSRAFFIC SERVICES:
'.'---
1.00
10.67%
$
16,909
OfficeSpecialist
Deputy Sheriff II -Patrol
Patrol
16.00
$
299,297
$
4,788,752
Deputy Sheriff II -Motor
Motorc cle
2.00
$
304,160
$
608,320
--ADDITIONAL SERVICES:-
ERVICES:
$
36,772
Investigator
DET
1.00
8.76%
Crime
Crme Prevention Specialist
34,102
1.00
$
116,655
$
116,655
Community Services Officer
Parking Control
2.00
$
144,284
$
288,568
De u Sheriff II
CommunitySupport
1.00
$
299,297
$
299,297
Dagu Sheriff II
DET
1.00
$
299,297
$
299,297
Cadet
Extra Help$
Mai
35,348
TOTALPOSITIONSrr_
31.00==
__..
_
$*.'-.�
..9,378,400
REGIONAL / SHARED STAFF:
Title
Regional Team
Quantity
%Allocation
Cost $
TRAFFIC:
Sergeant
Traffic
060
6.67%
$
18,602
De u Sheriff II
Traffic
4.00
6.37%
$
97,729
Investigative Assistant
Traffic
2.00
6.67%
$
20,981
OfficeSpecialist
Traffic
1.00
6.67%
$
8,169
.AUTO?HEFT:
Se eanl
Auto Theft
0.30
10.67%
$
14,850
Investigator
Auto Theft
2.00
10.67%
$
73,215
Investi alive Assistant
Auto Theft
1.00
10.67%
$
16,909
OfficeSpecialist
Auto Theft
1.00
10.67%
$
12,740
:DET::
Sergeant
DET
1.00
8.76%
$
36,772
Investigator
DET
1.00
8.76%
$
34,102
COURTS:
Investi alive Assistant
Courts
2.00
13.38%
$
39,884
MOTORCYCLE (shamed uem sfon :
-'
°•-o"
=-
Sergeant
Motorc le Supervision
1.00
7.55%$
30,493
.-TOTALREGIONALISHAREDI
.:,' E® -- __
.76.90:::"
' -
$4 ®
Mai
Other Chanes include- Annual leave paydowns and apportionment of cost of leave balances paid at end of employment; Body Worn
Camera SWC) and In Car Video (ICV); contract administration: data me charges; E -Citation recurring costs for two (2) units; Enhanced
helicopter response services; facility lease; holiday pay; Integrated Law 8 Justice of Orange County fees; Mobile Data Computer (MDC)
retuning cost for nineteen (19) units; overtime; patrol training cost allocation; premium pay for bilingual staff, education incentive pay, on-
call pay, services and supplies; and transportation charges.
CREDITS,
Credits Include: AB109 (2011 Public Safety Realingment); estimated vacancy credits; false alarm fees reimbursement; reimbursement
for training and miscellaneous programs; reimbursement for resthution.
t TOTALOTHER'CHARGES AND CREDITS'2,339,370
( TOTAL COST OF SERVICES (Subsection G 2) $,12,122,2161
Page 1.11
ATTACHMENT D
COUNTY BILLING POLICY
APPROVED BY BOARD MINUTE ORDER DATED OCTOBER 27, 1992
1i71111[H'1
All County agencies/departments/districts (County) governed by the Board of Supervisors
shall bill contracting entities for materials and/or services provided under contract in
accordance with the following standardized billing and collection policy. Billing frequency is
dependent on whether the contract is a fixed price or actual cost contract. Payment due
date is designed to be both responsive to the County's cash flow needs and reasonable
enough as to not require special processing by the contracting entity. If payments are not
received by the required due dates, a late payment fee shall be computed and billed to the
contracting entity in accordance with the requirements of this procedure.
Nothing herein shall affect the liability, including pre -judgment interest, of the contracting
party for services or materials in as much as this is a policy to enact standard billing
practices.
DEFINITIONS
A. Contract for the purposes of this policy - A contract is a formal written agreement, a
purchase order from the contracting entity, or any other acceptable mutual
understanding between the contracting parties.
B. Received by the County - The phrase "received by the County", as used in Section VI of
this policy, refers to the date a payment is received by the County. It is defined as the
date the payment is in the County's possession. It is not the date the payment is posted
or deposited by the County.
III. FIXED PRICE CONTRACTS
A. Fixed Price (One-Time/Non-Recurring Contracts) - Invoices that represent a billing for a
one-time, non-recurring provision of materials and/or services shall be issued no later
than five (5) working days after delivery by the County of the materials and/or services.
Examples of such one-time, non-recurring provision of materials and/or services might
be a city contracting with the Sheriff for security service at a parade or sporting event; or,
a city purchasing a computer listing containing certain city -requested data. Payment due
date shall be invoice date plus 30 days.
B. Fixed Price (Ongoing/Recurring Contracts) - Invoices that represent a billing for an
ongoing, recurring provision of materials and/or services shall be issued according to the
following frequency:
1. Annual Billings that total $10,000 or less per 12 -month period shall be billed via one
(1) annual invoice. Annual invoices will be issued for each 12 -month period of the
contract, or portions thereof. Invoices shall be issued no later than five working days
after the beginning of each 12 -month period. Payment due date shall be invoice date
plus 30 days.
Page 1 of 4
2. Quarterly Billings that are greater than $10,000 but not more than $200,000 per 12 -
month period, shall be billed in quarterly installments. Quarterly invoices will be
issued representing the contract amount for each 12 -month period of the contract, or
portions thereof, prorated into four (4) installments. Invoices shall be issued no later
than 30 days after the beginning of each quarter. Payment due date shall be 60 days
after the beginning of each calendar quarter.
3. Monthly Billings that are greater than $200,000 per 12 -month period shall be billed in
monthly installments. Monthly invoices will be issued representing the contract
amount for each 12 -month period of the contract, or portions thereof, prorated into 12
installments. Invoices shall be issued on or before the first day of each service
month. Payment due date shall be 30 days after the beginning of each service
month.
An example of a fixed price contract for ongoing, recurring provision of materials and/or
services might be a city contracting with the Sheriff for law enforcement services.
IV. ACTUAL COST CONTRACTS
A. Actual Cost (One-Time/Non-Recurring Contracts) - Invoices that represent a billing for a
one-time, non-recurring provision of materials and/or services shall be issued after
delivery by the County of the materials and/or services and no later than 15 days after
actual cost data is available. Payment due date shall be invoice date plus 30 days.
B. Actual Cost (Ongoing/Recurring Contracts) - Invoices that represent a billing for an
ongoing, recurring provision of materials and/or services shall be issued on a monthly
basis and shall represent the cost of materials and/or services provided to the
contracting entity during the previous calendar month. Such invoices shall be issued no
later than 15 days after the close of the monthly billing period. If the County
agency/department/district does not utilize a monthly billing cycle, the invoice shall be
issued no later than 15 days after actual cost data is available. Payment due date shall
be invoice date plus 30 days.
Examples of actual cost contracts for the ongoing, recurring provision of materials and/or
services might be a city contracting with the County for communications equipment
repair or waste disposal at a County landfill.
V. PAYMENT DUE DATES
Notwithstanding the provisions of Sections II and III above, payment due date shall be at
least invoice date plus 30 days. If the County is late in issuing an invoice, the contracting
entity would always have at least invoice date plus 30 days to pay. If the County is early in
issuing an invoice, the contracting entity would still have a payment due date of either 60
days after the beginning of the quarter (quarterly invoices) or 30 days after the beginning of
the service month (monthly invoices).
(EXAMPLES: An invoice for October service, dated and issued October 8 (late) would have
a payment due date of November 7. An invoice for August service, dated and issued July 20
(early) would have a payment due date of August 30.)
Page 2 of 4
VI. LATE CHARGES
The late payment of any invoiced amount by a contracting entity will cause the County to
incur costs not contemplated by the County/contracting entity agreement, the exact amount
of such cost will be extremely difficult to ascertain. Such costs include, but are not limited to,
costs such as administrative follow-up and processing of delinquent notices, increased
accounting costs, etc.
Late charges will be assessed in the following situations:
— Over-the-counter payments will be assessed a late charge if any payment is not received
by the County by the payment due date.
— Payments transmitted to the County via the U.S. Mail that have the payer's postage
meter mark will be assessed a late charge if any payment is not received by the County
by the payment due date plus one day.
— Payments transmitted to the County via the U.S. Mail that have a U.S. Post Office
postmark dated after the payment due date will be assessed a late charge.
The late charge assessed in each of these situations shall be three-quarters of one percent
(0.75%) of the payment due and unpaid plus $100.00 for late payments made within 30 days
of the payment due date. An additional charge of three-quarters of one percent (0.75%) of
said payment shall be added for each additional 30 -day period that the payment remains
unpaid. Late charges shall be added to the payment and invoiced to the contracting entity in
accordance with this policy.
VII. COLLECTIONS
Any invoice remaining unpaid 90 days after the invoice date shall be referred to the Auditor -
Controller for subsequent collection action, such as deduction from contracting entity
moneys on deposit with the County Treasurer in accordance with Government Code Section
907 and any other applicable provision of law. Non-payment of invoices and applicable late
charges will constitute a breach of contract for which the County retains all legal remedies
including termination of the contract.
VIII. DISCOUNT FOR EARLY PAYMENT
Any payment received by the County from a contracting entity 20 days or more before the
payment due date shall be entitled to a discount of one-quarter of one percent (0.25%). If
the contracting entity takes a discount, and the payment is received by the County less than
20 days before the payment due date, County staff shall immediately notify the contracting
entity by telephone that the discount should not have been taken and that the balance is due
by the original payment due date.
If the balance is not received by the County in accordance with the dates as specified in
Section VII, applicable late charges shall be calculated on the balance due.
Page 3 of 4
IX. DEFERRED REVENUE
At fiscal year end, any portion of revenue invoiced (not necessarily received) during the fiscal
year being closed out that represents charges or prepayment for materials and/or services
for the upcoming fiscal year shall be reclassified from a revenue account to a deferred
revenue account (liability). In the new fiscal year the deferred revenue shall be reclassified
to a revenue account. (EXAMPLE: On June 1, 19X1, a city is invoiced $48,000 which
represents charges for the 12 -month period June 1, 19X1 to May 31, 19X2. The amount to
be reclassified to deferred revenue would be $44,000, representing 11/12ths of the total
amount. In July 19X1, the $44,000 would be reclassified to revenue.) Reclassification
entries shall be made by Auditor -Controller Agency Accounting units, or for those
agencies/departments/districts without such a unit, the agency/department/district shall notify
the Auditor -Controller of the amounts to be reclassified.
X. COST RECOVERY
All County agencies/department/districts shall include all costs of providing contracted
services in contract rates. Including all direct costs, allocated indirect costs such as
departmental and County (CWCAP) overhead, and cost of capital financing.
XI. EXISTING CONTRACTS
Billing terms and provisions contained in existing contracting entity agreements (existing as
of the date this policy is approved by the Board of Supervisors) shall remain in effect for the
life of the contract. However, when these existing contracts are renegotiated, they shall
contain the billing provisions as set forth in this policy.
XII. DEVIATIONS FROM POLICY
Deviations from this policy shall be approved by the Board of Supervisors. Proposed
deviations by agencies/departments/districts shall be submitted to the CEO for concurrence
in advance of filing an Agenda Item Transmittal (AIT) with the Clerk of the Board. The CEO,
or his/her designee, shall advise the agency/department/district of approval or disapproval of
the proposed deviations. If a County agency/department/district submits a contract to the
Board of Supervisors for approval, and the billing provisions in the contract deviate from this
policy, the agency/department/district shall specifically advise the Board of Supervisors in
the AIT of the deviation, the reason for the deviation, and of the CEO's recommendation
relative thereto.
Page 4 of 4
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ATTACHMENT E
POLICY FOR DISTRIBUTION OF FORFEITED AND SEIZED ASSETS
The Orange County Sheriffs Department provides contract law enforcement services to cities in
Orange County. Because of the increased likelihood that contracted patrol or investigation personnel
may become involved in significant narcotic seizures, which could affect law enforcement services
provided by the Sheriffs Department to contract cities, the following policy is in effect.
CONTRACTED PATROL AND INVESTIGATION OFFICERS
When assets (cash or property) are seized in CITY by contracted patrol or investigation
personnel, and subsequently forfeited to COUNTY'S Sheriff Department, hereinafter referred
to as "SHERIFF", the forfeited assets shall be shared with CITY as set forth below, for the
purpose of augmenting law enforcement services in CITY, subject to guidelines by the forfeiting
agency of such sharing and use of forfeited assets. A portion of forfeited assets may be
retained by SHERIFF, to pay for departmental expenses not recovered through law
enforcement contracts.
In such cases, pursuant to the forfeiting agency's guidelines, SHERIFF shall apply to the
forfeiting agency for the return of a share of assets. In his application, SHERIFF shall specify
the percentage of shared assets returned to SHERIFF that will be used to augment law
enforcement services in CITY and the use of said assets by CITY.
In those cases in which assets are seized within CITY by personnel assigned to CITY pursuant
to this Agreement, without the involvement of other law enforcement personnel, and in which
the seizure is a result solely of activities self -initiated by SHERIFF personnel assigned to CITY
or initiated by said personnel in response to calls for service within CITY, SHERIFF shall apply
to have all of the assets used to augment CITY law enforcement services.
In those cases in which SHERIFF personnel assigned to CITY pursuant to this Agreement play
an ancillary role in a seizure or in which other law enforcement personnel are involved in a
seizure, SHERIFF shall determine the percentage of the total forfeited assets for which he will
apply to augment CITY's law enforcement services. This determination will be based on the
circumstances of the seizure, including the pro -rata involvement of all personnel, including
those assigned to CITY.
Each seizure will be evaluated on an individual and independent basis, and said evaluations
will be available for review to CITY's manager. Examples of those incidents which would be
evaluated as set forth in this section include situations in which a contract patrol deputy
provides uniformed backup at a SHERIFF's Narcotic Bureau search warrant location or in
which contract investigators participate in the service of a search warrant that was initiated by
non -contract law enforcement personnel.
Assets (cash or property) that are returned to SHERIFF by the forfeiting agency with the
understanding that they will be used to augment CITY law enforcement services shall be used
by CITY and SHERIFF only for such purposes. If the forfeiting agency attaches additional or
more specific conditions to the use of said assets, CITY and SHERIFF shall also abide by
those conditions. SHERIFF and CITY's manager shall determine the specific use of said
assets within the conditions imposed by the forfeiting agency.
5/7/2020 Rev.
RESOLUTION 21-06-01-02 ATTACHMENT F
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING PARTICIPATION
IN THE ORANGE COUNTY SHERIFF'S DEPARTMENT TRAFFIC
VIOLATOR APPREHENSION PROGRAM AND ADOPTING FEES
ASSOCIATED WITH THE PROGRAM
WHEREAS, the Orange County Sheriffs Department (hereinafter the "OCSD" or
"Sheriff) has instituted a Traffic Violator Apprehension Program (hereinafter, "Program")
designed to reduce vehicle accidents caused by unlicensed drivers, drivers whose
licenses are suspended, and to educate the public about the requirements of the Vehicle
Code and related safety issues with regard to driver licensing, vehicle registration, vehicle
operation, and vehicle parking; and,
WHEREAS, the OCSD operates said Program in the unincorporated areas of
Orange County and in the cities of Orange County that contract for the Sheriffs law
enforcement services; and,
WHEREAS, Vehicle Code section 22850.5 authorizes the County Board of
Supervisors, by resolution, to establish a fee equal to the administrative costs relating to
the removal, impound, storage or release of properly impounded vehicles; and,
' WHEREAS, a 2020 cost study conducted by the OCSD showed that the
administrative costs relating to the removal, impound, storage or release of vehicles
properly impounded pursuant to the Vehicle Code are at $144.00 per removal; and, .
WHEREAS, based upon the cost study, the OCSD proposed and the County Board
of Supervisors adopted a fee in the amount of $144.00 on and effective November 17,
2020 ("County Resolution'); and,
WHEREAS, pursuant to the County Resolution, which is hereby incorporated by
reference, the OCSD seeks adoption of the fee by city councils of each of the cities that
contracts with the OCSD for law enforcement services and wishes to continue to
participate in the Program; and,
WHEREAS, the City of San Juan Capistrano (hereinafter, the "City") contracts with
the OCSD for law enforcement services and wishes to continue to participate in the
Program; and,
WHEREAS, a notice of public hearing with respect to the proposed new fee was
given according to California Government Code Sections 66018 and 6062a; and,
WHEREAS, the proposed hearing pertaining to the said proposed new fee was
held at a regular meeting of the City Council on June 1, 2021.
6/1/2021
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA. DOES HEREBY RESOLVE. AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are incorporated I herein and made an operative part of this Resolution.
SECTION 2. The City Council hereby confirms continued participation in the Traffic
Violator Apprehension Program as part of the City's contract for law enforcement services
with the OCSD-
SECTION 3. As a participant in the Traffic Violator Apprehension Program. the City
Council hereby adopts the same fee of $144.00 as approved by resolution of the Orange
County Board of Supervisors on November 17. 2020 as allowed under Vehicle Code
section 22850.5, and the provisions set forth in the County Resolution that govern
imposition of the fee.
SECTION 4. This Resolution shall become effective immediately upon its adoption.
The City Clerk of the City of San Juan Capistrano shall certify as to the adoption of
this Resolution.
PASSED, APPROVED, AND ADOPTED this 151 day of June 2021.
JOHN
AY (OR '
ATTEST:
MARIA MORRIS, rCITY CLERK
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, Maria Morris, appointed City Clerk of the City of San Juan Capistrano, do hereby certify
that the foregoing Resolution No. 21-06-01-02 was duly adopted by the
City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 1s'
day of June 2021, by the following vote:
AYES: COUNCIL MEMBERSHart, Bourne. Farias and Mayor Taylor
NOES: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS Mayor Pro Tem Reeve
MARIA MORRIS, CITY CLERK
0 1 2021
ORANGE COUNTY SHERIFF -CORONER
TRAFFIC VIOLATOR APPREHENSION PROGRAM
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THE CITY CERTIFIES THAT THE EQUIPMENT PURCHASED BY CITY AND TO BE REIMBURSED BY PROGRAM FUNDS
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