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D. ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY: (Continued) ongoing services that SHERIFF otherwise would provide to CITY pursuant to this Agreement. Such supplemental services shall be provided only by regularly appointed full -time peace officers, at rates of pay gov erned by a Memorandum of Understanding between C OUNTY and the bargaining unit representing the peace officers providing the services. Such supplemental services shall include only law enforcement duties and shall not include services authorized to be provided by a private patrol operator, as defined in Section 7582.1 of the Business and Professions Code. Law enforcement support functions, including, but not limited to, clerical functions and fore nsic science services, may be performed by non -peace officer personnel if the services do not involve patrol or keeping the peace and are incidental to the provision of law enforcement services. CITY shall reimburse COUNTY its full, actual costs of providing such supplementa l services at an amount computed by SHERIF F, based on the current year's COUNTY law enforcement cost study. The cost of these supplemental services shall be in addition to the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement. SHERIFF shall bill CITY immediately after each such event.
3. Supplemental services for events operated by public entities on non -CITY property. At the request of CITY, through its City Manager, and within the limitations set forth in this S ubsection D-3, SHERIF F may provide supplemental l aw enforcement services to preserve the peace at special events or occurrences that occur on an occasional basis and are operated by public entities on non-CITY property. SHERIFF shall determine personnel and equipment needed for such supplemental services, and will provide such supplemental services only if SHERIFF is able to do so without reducing services that SHERIFF otherwise would provide to CITY pursuant to this Agreement. CITY shall reimburse COUNTY its full, actual costs of 72294
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D. ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY: (Continued) providing such supplemental services at an amount computed by SHERIFF, based on the current year's COUNTY law enforcement cost study. The cost of these supplemental services shall be in addition to the Maximum Obligation of CITY se t forth in Subsection G-2 of this Agreement. SHERIFF shall bill CITY immediately after each such event.
4. Notwithstanding the foregoing, CITY, through its permit process, may utilize the services of SHERIFF at events, for which CITY issues permits, that are operated by private individuals or entities or public entities. SHERIFF shall determine personnel and equi pment needed for said events. If said events are in addition to the level of services listed in Attachment A of this Agreement, CITY shall reimburse COUNTY for such additional services at an amount computed by SHERIFF, based upon the current year’s COUNTY law enforcement cost study. The cost of these services shall be in addition to the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement. SHERIFF shall bill CITY immediately after said services are rendered.
5. In accordance with Government Code Section 51350, COUNTY has adopted Board Resolution 89 -1160 which identifies Countywide services, including but not limited to helicopter re sponse. SHERIFF through this contract provides enhanced helicopter response services. The cost of enhanced helicopter response services is included in the cost of services set forth in Attachment C and in the Maximum Obligation of CITY set forth in Subsection G-2. COUNTY shall not charge any additional amounts for enhanced helicopter services after the cost o f services set forth in Attachment C and in the Maximum Obligation set forth in Subsection G -2 has been established without written notification to the CITY.
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E. BODY WORN CAMERA AND IN CAR VIDEO:
1. As part of the law enforcement services to be provided to CITY, COUNTY has provided, or will provide , body worn cameras (hereinafter called “BWC”) that will be worn by SHERIFF’S personnel and In Car Video (her einafter called “ICV”) that will be mounted in vehicles designated by SHERIFF for use within CITY service area.
2. SHERIFF has the exclusive right to use said BWC and ICV for law enforcement services related to this Agreement.
3. CITY shall pay COUNTY the ful l costs to COUNTY of a) the acquisition of BWC and the acquisition and installation of ICV and b) recurring costs, as deemed necessary by COUNTY, including the costs of maintenance and contributions to a fund for r eplacement and upgrade of such BWC and ICV when they become functionally or technologically obsolete.
The costs to be paid by CITY for recurring costs, including maintenance and replacement/upgrade of BWC and ICV, are included in the costs set forth in Attachment C and the Maximum Obligation of CI TY set forth in Subsection G-2 of this Agreement unless.
4. If, following the initial acquisition of BWC and ICV referenced above, CITY requires BWC and ICV for additional SHERIFF’S p ersonnel or vehicles designated for use in the CITY service area, COUNTY will purchase said additional BWC and ICV . Upon demand by COUNTY, CITY will pay to COUNTY a) the full costs of acquisition of additional BWC and the full cost of acquisition and installation of additional ICV , and b) the full recurring costs for said BWC and ICV , as deemed necessary by COUNTY, including the costs of maintenance, and contributions to a fund for replacement and upgrade of such BWC and ICV when they become functionally or technologically obsolete. Sa id costs related to additional BWC and ICV are not included in, and are in addition to, the costs set forth in Attachment C 74296
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E. BODY WORN CAMERA AND IN CAR VIDEO: (Continued)
and the Maximum Obligation of CITY set forth in Subsection G -2 of this Agreement.
5. COUNTY will replace and/or upgrade BWC and ICV as needed. The costs of replacing/upgrading BWC and ICV shall be paid by COUNTY from the replacement/upgrade funds to be paid by CITY in accordance with the foregoing. CITY shall not be charged any addition al charge to replace or upgrade BWC and ICV.
F. LICENSING SERVICES BY CITY:
Upon receipt from COUNTY of investigations of applications for licenses referred to in Subsection C -7 of this Agreement, CITY Manager shall determine whether to grant or deny the licen ses and will issue the licenses or notify the applicants of denial. CITY shall provide all attorney services related to the granting, denial, revocation and administration of said licenses and the enforcement of CITY ordinances pertaining to said licenses.
G. PAYMENT:
1. Pursuant to Government Code Se ction 51350, CITY agrees to pay to COUNTY the full costs of performing the services mutually agreed upon in this Agreement. The costs of services include salaries, wages, benefits, mileage, services, supplies, equi pment, and divisional, departmental and COUNTY General overhead.
2. Unless the level of service set forth in Attachment A is increased or decreased pursuant to mutual agreement of the parties, or CITY is required to pay for increases as set forth in Subsection G-4, the Maximum Obligation of CITY for full cost of services , other than Licensing Services, set forth in Attachment A of this Agreement, to be provided by the COUNTY for the period July 1, 2024 through June 30, 2025, shall be $10,810,681 as set forth in Attachment C.
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G. PAYMENT: (Continued)
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.
3. COUNTY shall invoice CITY monthly. During the period July 1, 2024 through June 30, 2025, said invoices will require payment by CITY of one- twelfth (1/12) of the Maximum Ob ligation of CITY set forth in Subsection G -2 of this Agreement, as said Maximum Obligation may have been increased or decreased pursuant to mutual agreement of the parties. In addition, if a determination is made that increases described in Subsection G -4 must be paid, COUNTY thereafter shall include the pro -rata charges for such increases in its monthly invoices to CITY for the balance of the period between July 1, 2024 and June 30, 2025.
4a. At the time this Agreement is executed, there may be unresolved issues pertaining to potential changes in salaries and benefits for COUNTY employees. The cost s of such potential changes are not included in the Fiscal Year 2024-25 costs set forth in Attachment C nor in the Fiscal Year 2024-25 Maximum Obligation o f City set forth in Subsection G -2 of this Agreement. If the changes result in the COUNTY incur ring or becom ing obligated to pay for increase d costs for or on account of personnel whose costs a re included in the calculations of costs charged to CITY hereu nder, 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 are attributable to work performed by such personnel after July 1, 2024, and CI TY’s Maximum Obligation hereunder shall be deemed to have increased accordingly. CITY shall pay COUNTY in full for 76298
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G. PAYMENT: (Continued)
such increases on a pro -rata basis over the portion o f the period between July 1, 2024 and June 30, 2025 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 h ereunder, 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, 2024 through June 30, 2025, 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, 2024 and June 30, 2025 remaining after COUNTY notifies CITY that the Maximum Obligation has decreased. 4b. If CITY is required to pay for increases as set forth in Subsection G-4a above, COUNTY, at the request of CITY, will thereafter reduce the level of service to be provided to CITY as set forth in Attachment A of this Agreement to a level that will make the Maximum Obligation of CITY hereunder for the period July 1, 2024 through June 30, 2025 an amount specified by CITY that is equivalent to or higher or lower 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 ame ndment to this Agreement so providing , pursuant to Subsection C -8. Decisions about how to reduce the level of service provided to CITY shall be made by SHERIFF 77299
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G. PAYMENT: (Continued)
with the approval of CITY.
5. CITY shall pay COUNTY in accordance with COUNTY Board of Supervisors’ approved County Billing Policy, Attachment D. Payments made electronically via a credit card or through a banking sys tem that charges Merchant Fees, Service Fees, or any other Fees shall be the responsibility of the City. If the County is charged any of the before mentioned fees. The City shall be responsible for payment of these fees to the County.
6. COUNTY shall charg e CITY late payment penalties in accordance with County Billing Policy.
7. As payment for the Licensing Services described in Subsection C -7 of this Agreement, COUNTY shall retain all fees paid by applicants for licenses pursuant to CITY ordinances listed in Attachment B hereto. Retention of said fees by COUNTY shall constitute payment in full to COUNTY for costs incurred by COUNTY in performing the functions related to licensing described in Subsection C -7; provided, however, that if any of said fees are waived or reduced by CITY, CITY shall pay to COUNTY the difference between the amount of fees retained by COUNTY and the fees that were set forth in the ordinances listed in Attachment B at the time this Agreement was executed. If CITY increases the fee s chedule 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 th e increased fees between CITY and COUNTY.
8. Fees generated or col lected by SHERIFF cont ract personnel for copying of documents related to the services provided in this Ag reement will be at COUNTY established rates and will be credited to CITY on an annual basis.
9. Narcotic asset forfeitures will be handled pursuant to Attachment E. //
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H. NOTICES:
1. Except for the notices provided for in Subsection 2 of this Section, all notices authorized or required by this Agreement shall be effective when written and deposited in the United States mail, first class postage prepaid and addressed as follows:
CITY: ATTN: CITY MANAGER
12 JOURNEY, SUITE #100
ALISO VIEJO, CA 92656 – 5335
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COUNTY: ATTN: LAW ENFORCEMENT CONTRACT MANAGER
SHERIFF-CORONER DEPARTMENT
320 NORTH FLOWER STREET, SUITE 108
SANTA ANA, CA 92703
2. Termination notices shall be effective when written and deposited in the United States mail, certified, return receipt requested and addressed as above.
I. STATUS OF COUNTY:
COUNTY is, and at all tim es shall be deemed to be, an independent contractor.
Nothing herein contained shall be construed as creating the relationship of employer and employee, or principal and age nt, 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 en titled to any rights or privileges of CITY employees and shall not be considered in any manner to be CITY employees.
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J. STATE AUDIT:
Pursuant to Government Code Section 8546.7, CITY and COUNTY shall be subject to examination and audit by the State Auditor for a period of three (3) years after final payment by CITY to COUNTY under this Agreement. CITY and COUNTY shall retain all records relating to the performance of this Agreement for said three-year period, except that those records pertaining to any audit t hen in progress, or to any claims or litigation, shall be retained beyond said three - year period, until final resolution of said audit, claim or litigation.
K. ALTERATION OF TERMS:
This Agreement 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 Agre ement 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.
L. INDEMNIFICATION:
1. COUNTY, its officers, agents, employees, subcontractors and independen t contractors 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, agents, employees, subcontractors or independent contractors, or for any dangerous or defective condition of any public street , work or property of CITY, or for any illegality or unconstitutionality of CITY’s municipal ordinances. CITY shall indemnify and hold harmless COUNTY, and its elected and appointed officials, officers, agents, employees, subcontractors and independent contractors from any claim, demand or liability whatsoever based or asserted upon the condition of any public street, work or property of CITY, or upon 80302
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L. INDEMNIFICATION: (Continued)
the illegality or unconstitutionality of any municipal ordinance of CITY that SHERIFF has e nforced, or upon any act or omission of CITY, or its elected and appointed officials, officers, agents, em ployees, subcontractors or independent contractors related to this Agreement, including, but not limited to, any act or omission related to the maintenance or condition of any vehicle or motorcycle that is owned or possessed by CITY and used by COUNTY personnel in the performance of this Agreement, for property damage, bodily injury or death or any other element of d amage of any kind or nature, and CITY shall defend at its expense including attorney fees, and with counsel approved in writing by COUNTY, COUNTY and its elected and appointed officials, officers, agents, employees, subcontractors and independent contractors in any legal action or claim of any kind based upon or asserted upon such condition of public street , work or property, or illegality or unconstitutionality of a mun icipal ordinance, or alleged acts or omissions. If judgment is entered against CITY and COUNTY by a court of competent jurisdiction because of the concurrent ac tive negligence of either party, CITY and COUNTY agree that liability will be apportioned as determined by the court. Neither party shall request a jury apportionment.
2. COUNTY shall indemnify and hold harmless CITY and its elected and appointed officials, officers, agents, employees, subcontractors and independent contr actors from any claim , demand or liability whatsoever based or asserted upo n any act or omission of COUNTY or its ele cted and appointed officials, officers, agents, employees, subcontractors or independent contractors related to this Agreement, for property damage, bodily injury or death or any other element of damage of any kind or nature, and COUNTY shall defend, at it s expense, including attorney fees, and with counsel approved in writing by CITY, CITY and its elected and appointed 81303
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L. INDEMNIFICATION: (Continued)
officials, officers, agents, employees , subcontract ors and independent contractors in any legal action or claim of any kind based or asserted upon such alleged acts or omissions.
M. TRAFFIC VIOLATOR APPREHENSION PROGRAM:
1. COUNTY has established a Traffic Violator Apprehension Program [“the Program”], which is operated by SHERIFF, and is designed to reduce vehicle accidents caused by unlicensed drivers and drivers whose licenses are suspended and to educate the public about the requirements of the Vehicle Code and related safety issues with regard to driver licensing, vehicle registration, vehicle operation, and vehicle parking. The Program operates throughout the unincorporated areas of the COUNTY and in the cities that contract with COUNTY for SHERIFF’s law enforcement services, without regard to jurisdictional boundaries, because an area -wide approach to reduction of traffic accidents and driver education is most effective in preventing traffic accidents. In order for CITY to participate i n the Program, CITY has adopted fees pursuant to Vehicle Code S ection 22850.5, in the same amount as approved by COUNTY, as set forth in the resolution that is Attachment F [hereinafter called a “TVAP resolution”], and has directed that the revenue from such fee be used for the Program. CITY’s participation in the Program may be terminated at any time b y rescission or a mendment of its TVAP resolution. In the event CITY 1) amends said TVAP resolution, or rescinds said TVAP resolution and adopts a new resolution TVAP p ertaining to the above-referenced fees and the Program, and 2) remains a participant in the Program thereafter, CITY’s Manager, on behalf of CITY, and SHERIFF, on behalf of COUNTY, have authority to execute an amendment of this Agreement to substitute CITY’s amended or new TVAP resolution for Attachment F to the Agreement, as long as said amendment to this 82304
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M. TRAFFIC VIOLATOR APPREHENSION PROGRAM: (Continued)
Agreement does not materially change any other provision of this Agreement. As COUNTY updates its fees for the program periodically.
COUNTY will provid e written notice to CITY of the updated fees. CITY’S participation in the Program will terminate if CITY determines not to adopt the updated fees for the Program.
2. COUNTY will make available for review, at the request of CITY, all financial data related to the Program as may be requested by CITY.
3. Fee revenue generated by COUNTY and participating cities will be used to fund the following positions, which will be assigned to the Program:
• Ten one hundredths of one (0.10) Sergeant
(8 hours per two-week pay period)
• One (1) Staff Specialist
(80 hours per two-week pay period)
• One (1) Office Specialist
(80 hours per two-week pay period)
4. Fee revenue generated by CITY may b e used to reimburse CITY for expenditures for equipment and/or supplies directly in support of the Program. In order for a n expenditure for equipment and/or supplies to be eligible for reimbursement, CITY shall submit a request for and obtain pre - approval of the expenditure by using the form as shown in Attachment G.
The request shall be submitted within the budget schedule established by SHERIFF. SHERIFF shall approve the expenditure only if both of the following condi tions are satisfied: 1) there are sufficient Program funds, attributable to revenue generated by CITY’s fee, to pay for the requested purchase, and 2) CITY wi ll use the equipment and/or supplies, during their entire useful life, only for purposes authorized by its TVAP resolution in effect at the time of purchase. In the event that CITY terminates its participation in 83305
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M. TRAFFIC VIOLATOR APPREHENSION PROGRAM: (Continued)
the Program, CITY agrees that the equipment purchased by CITY and reimbursed by Program funds will continue to be used, during the remainder of its useful life, exclusively for the purposes authorized by CITY’s TVAP resolution in effect at the time of purchase.
5. In the event the fees adopted by COUNTY, CITY and other participating jurisdictions are not adequate to continue operation of the Program at the level at which it operated previously, COUNTY, at the option of CITY, will reduce the level of Program service to be provided to CITY or will continue to provide the existing level of Program services. COUNTY will charge CITY the cost of any Program operations that exceed the revenue generated by fees.
Such charges shall be in addition to th e Maximum Obligation of CITY set forth in Subsection G -2 of this Agreement. The amount of any revenue shortfall charged to CITY will be determined, at the time the revenue shortfall is experienced, according to CITY’s share of Program services rendered. In the event of a reduction in level of Program service, termination of Program service or adjustm ent of costs, the parties shall execute an amendment to this Agreement so providing. Decisions about how to reduce the level of Program service provided to C ITY shall be made by SHERIFF with the approval of CITY.
N. MOBILE DATA COMPUTERS:
1. As part of the law enforcement services to be provided to CITY, COUNTY has provided, or will provide, mobile data computers (hereinafter called “MDCs”) that are or will be mounted in patrol vehicles and motorcycles, designated by COUNTY for use within CITY limits.
2. SHERIFF has the exclusive right to use said MDCs for law enforcement services related to this Agreement.
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N. MOBILE DATA COMPUTERS: (Continued)
3. CITY shall pay COUNTY the full costs to COUNTY of a) the ac quisition and installation of MDCs that are or will be mounted in patrol vehicles and motorcycles assigned to CITY, and b) recurring costs, as deemed necessary by COUNTY, including the costs of maintenance and contributions to a fund for replacement and u pgrade of such MDC’s when they become functionally or technologically obsolete.
The costs to be paid by CITY for recurring costs, including maintenance and replacement/upgrade of MDCs, are included in the costs set for th in Attachment C and the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement unless CITY has already paid such costs.
4. If, following the initial acquisition of MDCs referenced above, CITY requires MDCs for additional patrol cars o r motorcycles designated for use in the CITY, or for CITY’s Emergency Operations Center, COUNTY will purchase said additional MDCs. Upon demand by COUNTY, CITY will pay to COUNTY a) the full costs of acquisition and installation of said additional MDCs, and b) the full recurring costs for said MDCs, as deemed necessary by COUNTY, including the costs of maintenance, and contributions to a fund for replacement and upgrade of such MDCs when they become functionally or technologically obsolete. Said costs rel ated to additional MDCs are not included in, and are in addition to, the costs set forth in Attachment C and the Maximum Obligation of CITY set forth in Subsection G -2 of this Agreement.
5. COUNTY will replace and/or upgrade MDCs as needed. The costs of replacing/upgrading MDCs shall be paid by COUNTY from the replacement/upgrade funds to be paid by CITY in accordance with the foregoing. CITY shall not be charged any additional charge to replace or upgrade MDCs.
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O. E-CITATION UNITS:
1. As part of the law enf orcement services to be provided to CITY, COUNTY has provided, or will provide, E-Citation units designated by COUNTY for use within CITY limits.
2. SHERIFF has the exclusive right to use said E -Citation units for law enforcement services related to this Agreement.
3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition of E-Citation units that are assigned to CITY, and b) recurring costs, as deemed necessary by COUNTY, including the costs of maintenanc e and contributions to a fund for replacement and upgrade of such E -Citation units when they become functionally or technologically obsolete.
The costs to be paid by CITY for recur ring costs, including maintenance and replacement/upgrade of E-Citation units, are included in the costs set forth in Attachment C and the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement unless.
4. If, following the initial acquisition of E -Citation units referenced above, CITY requires additional E-Citation units designated for use in CITY, COUNTY will purchase said additional E -Citation units. Upon dem and by COUNTY, CITY will pay to COUNTY a) the full costs of acquisition of said additional E-Citation units, and b) the full recurring costs for said E -Citation units, as deemed necessary by COUNTY, including the costs of maintenance, and contributions to a fund for replacement and upgrade of such E -Citation units when they become functionally or technologically obsolete. Said costs related to additional E-Citation units are not included in, and are in addition to, the costs set forth in Attachment C and the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement.
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O. E-CITATION UNITS: (Continued)
5. COUNTY will replace and/or upgrade E -Citation units as needed. The costs of repla cing/upgrading E -Citation units shall be paid by COUNTY from the replacement/upgrade funds to be paid by CITY in accordance with the foregoing. CITY shall not be charged any additional charge to replace or upgrade E-Citation units.
P. EQUIPMENT:
1. As part of the law enforcement services to be provided to CITY, COUNTY shall purchase motorcycles and radios that meet certain law enforcement standards as determined by the COUNTY (hereinafter “Equipment”).
2. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition of Equipment and b) recurring costs. c) the costs of maintenance d) replacement and upgrade of such Equipment when they become functionally or technologically obsolete. as deemed necessar y by COUNTY . The costs to be paid by CITY are included in the costs set forth in Attach ment C and the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement.
3. The Equipment purchased by the COUNTY for services to the CITY shall be the property of the County.
4. Radios and motorcycles previously purchased by the CITY for COUNTY law enforcement services to the CITY shall be the property of and maintained by the CITY. Notwithstanding Section L of this Agreement, COUNTY shall be responsible to CITY for any damage to CITY radios and motorcycles caused by COUNTY’s act or omission.
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IN WITNESS WHEREOF, the parties have executed the AGREEMENT in the County of Orange, State of California.
DATED:_________________________
CITY OF ALISO VIEJO
ATTEST:______________________
City Clerk
BY:_____________________________
Mayor
APPROVED AS TO FORM:
BY:_____________________________
City Attorney
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DATED:________________________
COUNTY OF ORANGE
BY:__________________________________
Chairman of the Board of Supervisors
County of Orange, California
SIGNED AND CERTIFIED THAT A COPY OF THIS
AGREEMENT HAS BEEN DELIVERED TO THE CHAIR
OF THE BOARD PER G.C. Sec. 25103, Reso 79-1535
Attest:
_______________________________
Robin Stieler
Clerk of the Board
County of Orange, California APPROVED AS TO FORM:
Office of the County Counsel
County of Orange, California
BY:____________________________
Deputy
DATED:________________________
5/17/2024
88310
ATTACHMENT A
LEVEL OF SERVICE PROVIDED BY SHERIFF:
Title Detail Quantity Frequency
MANAGEMENT:
Captain 1.00
SUPERVISION:
Sergeant Administrative 1.00 80 hrs./ per two wk. pay period Sergeant Patrol 1.00 80 hrs./ per two wk. pay period
Sergeant (shared) Patrol 0.33 26.40 hrs./ per two wk. pay period INVESTIGATION SERVICES:
Investigator 1.00 80 hrs./ per two wk. pay period
Investigator (shared) 0.50 40 hrs./ per two wk. pay period PATROL AND TRAFFIC SERVICES*:
Deputy Sheriff II -Patrol Patrol 15.00 each, 80 hrs./ per two wk. pay period Deputy Sheriff II -Motor Traffic 2.00 each, 80 hrs./ per two wk. pay period ADDITIONAL SERVICES:
Community Services Officer Parking Control 2.00 each, 80 hrs./ per two wk. pay period Deputy Sheriff II (shared) School Resource Officer 0.65 52 hrs./ per two wk. pay period Sr. Emerg. Mgmt. Prog. Coord. 1.00 80 hrs./ per two wk. pay period TOTAL 25.48
* Deployment to be determined by SHERIFF in cooperation with CITY Manager REGIONAL / SHARED STAFF:
Title Regional Team Quantity % Allocation
TRAFFIC:
Sergeant Traffic 0.60 5.02%
Investigator Traffic 1.00 5.02%
Deputy Sheriff II Traffic 3.00 5.02%
Investigative Assistant Traffic 2.00 5.02%
Office Specialist Traffic 1.00 5.02%
AUTO THEFT:
Sergeant Auto Theft 0.30 5.08%
Investigator Auto Theft 2.00 5.08%
Investigative Assistant Auto Theft 1.00 5.08%
Office Specialist Auto Theft 1.00 5.08%
DET:
Sergeant DET 1.00 7.03%
Investigator DET 1.00 7.03%
COURTS:
Investigative Assistant Courts 2.00 7.92%
MOTORCYCLE (shared Supervision):
Sergeant Motorcycle Supervision 1.00 7.55%
TOTAL 16.90
"REGULAR SERVICES BY COUNTY"
(Subsection C-3)
CITY OF ALISO VIEJO
ORANGE COUNTY SHERIFF-CORONER
FY 2024-25 LAW ENFORCEMENT CONTRACT
05/09/17
1 2
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5 6
7 8
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11 12
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15 16
17 18
19 20
21 22
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25 26
27 28
29 30
31 32
ATTACHMENT B
CITY OF ALISO VIEJO
ORDINANCE NO. 2010-126
LICENSING
ADULT BUSINESS ENTERTAINER PERMIT INCLUDES DANCE INSTRUCTOR (NUDE), DANCE STUDIO (NUDE), FIGURE MODEL (NUDE), FIGURE MODEL
STUDIO (NUDE), INTERLOCUTRIX (NUDE), INTRODUCTORY SERVICE, AND
RAP SESSION (NUDE)
BINGO GAME
CANVASSER/SOLICITOR
ESCORT SERVICES
JUNK COLLECTOR
JUNK DEALER
MASSAGE ESTABLISHMENT (Includes FBI fees)
MASSAGE PRACTITIONER/TECHNICIAN (Includes FBI fees)
PEDDLER
POOL ROOM
PUBLIC DANCE
RETAIL SALE OF FIREARMS/GUN DEALER
SECONDHAND DEALER (PAWNBROKER)
SECURITY SYSTEM
TAXICAB STAND
90312
ATTACHMENT C
COST OF SERVICES PROVIDED BY SHERIFF (Subsection G-2):
Title Detail Quantity
Cost of Service
(each)
Cost of Service
Total
MANAGEMENT:
Captain 1.00 511,432$ 511,432$
SUPERVISION:
Sergeant Administrative 1.00 406,174$ 406,174$ Sergeant Patrol 1.00 406,174$ 406,174$
Sergeant (shared) Patrol 0.33 406,174$ 134,037$ INVESTIGATION SERVICES:
Investigator 1.00 389,169$ 389,169$
Investigator (shared) 0.50 389,169$ 194,585$ PATROL AND TRAFFIC SERVICES:
Deputy Sheriff II -Patrol Patrol 15.00 332,009$ 4,980,135$ Deputy Sheriff II -Motor Traffic 2.00 342,744$ 685,488$ ADDITIONAL SERVICES:
Community Services Officer Parking Control 2.00 150,063$ 300,126$ Deputy Sheriff II (shared) School Resource Officer 0.65 332,009$ 215,806$ Senior Emerg. Mgmt. Prog. Coord. 1.00 207,644$ 207,644$ TOTAL POSITIONS 25.48 8,430,770$
REGIONAL / SHARED STAFF:
Title Regional Team Quantity % Allocation Cost $
TRAFFIC:
Sergeant Traffic 0.60 5.02% 14,637$
Investigator Traffic 1.00 5.02% 17,669$
Deputy Sheriff II Traffic 3.00 5.02% 61,500$
Investigative Assistant Traffic 2.00 5.02% 17,412$
Office Specialist Traffic 1.00 5.02% 6,575$
AUTO THEFT:
Sergeant Auto Theft 0.30 4.29% 7,399$
Investigator Auto Theft 2.00 4.29% 39,111$
Investigative Assistant Auto Theft 1.00 4.29% 8,765$
Office Specialist Auto Theft 1.00 4.29% 6,679$
DET:
Sergeant DET 1.00 9.64% 35,621$
Investigator DET 1.00 9.64% 31,779$
COURTS:
Investigative Assistant Courts 2.00 7.47% 25,280$
MOTORCYCLE (shared Supervision):
Sergeant Motorcycle Supervision 1.00 7.55% 33,838$
TOTAL REGIONAL/SHARED 16.90 306,265$
OTHER CHARGES AND CREDITS (Subsection G-2):
OTHER CHARGES:
CREDITS:
TOTAL OTHER CHARGES AND CREDITS 2,073,646$
TOTAL COST OF SERVICES (Subsection G-2) 10,810,681$
ORANGE COUNTY SHERIFF-CORONER
FY 2024-25 LAW ENFORCEMENT CONTRACT
CITY OF ALISO VIEJO
"PAYMENT"
(Subsection G-2)
Credits include: AB109 (2011 Public Safety Realignment); estimated vacancy credits; false alarm fees; reimbursement for training and miscellaneous programs; reimbursement for restitution.
Other Charges include: Annual leave paydowns and apportionment of cost of leave balances paid at end of employment; Body Worn Camera (BWC) and In Car Video (ICV); contract administration; data line charges; enhanced helicopter response services; E-Citation recurring costs for two (2) units; facility lease; holiday pay; Integrated Law & Justice of Orange County fees; Mobile Data Computer (MDC) recurring cost for eighteen and thirty-three hundredths (18.33) units; overtime; patrol training cost allocation; premium pay for biligual staff, education incentive pay and on-call; services and supplies; and transportation charges.
91313
ATTACHMENT D
COUNTY BILLING POLICY
APPROVED BY BOARD MINUTE ORDER DATED OCTOBER 27, 1992
I. POLICY
All County agencies/departments/districts (County) governed by the Board of Supervisors shall bill contracting entities for materials and/or services pr ovided under contract in accordance with the following standardized billing and collection policy. Billing frequency is dependent on whether the contract is a fixed price or actual cost contract. Payment due date is designed to be both responsive to the County’s cash flow needs and reasonable enough as to not require special processing by the contracting entity. If payments are not received by the required due dates, a late payment fee shall be computed and billed to the contracting entity in accordance with the requirements of this procedure.
Nothing herein shall affect the liability, including pre -judgment interest, of the contracting party for services or materials in as much as this is a policy to enact standard billing practices.
II. DEFINITIONS
A. Contract for the purposes of this policy - A contract is a formal written agreement, a purchase order from the contracting entity, or any other acceptable mutual understanding between the contracting parties.
B. Received by the County - The phrase “received by the County”, as used in Section VI of this policy, refers to the date a payment is received by the County. It is defined as the date the payment is in the County’s possession. It is not the date the payment is posted or deposited by the County.
III. FIXED PRICE CONTRACTS
A. Fixed Price (One-Time/Non-Recurring Contracts) - Invoices that represent a billing for a one-time, non -recurring provision of materials and/or services shall be issued no later than five (5) working days after delivery by the County o f 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 cont aining 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 accord ing 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 is sued no later than five working days after the beginning of each 12-month period. Payment due date shall be invoice date plus 30 days.
92314
2. Quarterly Billings that are greater than $10,000 but not more than $200,000 per 12 - month period, shall be billed in qu arterly 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 ser vice 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 cos t 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 uti lize 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.)
93315
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, incre ased 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 contractin g 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.
94316
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 Accou nting 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 al l 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 contain ed 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 subm its 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.
95317
5/7/2020 Rev.
ATTACHMENT E
P
OLICY FOR DISTRIBUTION OF FORFEITED AND SEIZED ASSETS
BACKGROUND
T
he Orange County Sheriff’s Department provides contract law enforcement services to cities in Orange County. Because of the increased likelihood that contracted patrol or investigation personnel may become involved in significant narcotic seizures, which could affect law enforcement services provided by the Sheriff’s Department to contract cities, the following policy is in effect.
CONTRACTED PATROL AND INVESTIGATION OFFICERS
W
hen 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.
I
n 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.
I
n 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.
I
n 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.
E
ach 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.
A
ssets (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. 96318
RESOLUTION NO. 2021- 04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO
VIEJO, CALIFORNIA, AUTHORIZING THE ORANGE COUNTY
SHERIFF’S DEPARTMENT TO COLLECT ITS UPDATED FEE FOR THE
TRAFFIC VIOLATOR APPREHENSION PROGRAM IN THE CITY OF
ALISO VIEJO
WHEREAS, the Orange County Sheriff- Coroner (“ the Sheriff”) has instituted a Traffic Violator Apprehension Program designed to reduce vehicle accidents caused by unlicensed drivers and drivers whose licenses are suspended and to educate the public about the requirements of the Vehicle Code and related safety issues with regard to driver licensing, vehicle registration, vehicle operation, and parking; and WHEREAS, the Sheriff operates the Traffic Violator Apprehension Program in the unincorporated areas of Orange County and in cities ( such as the City of Aliso Viejo) that contract for the Sheriff’s law enforcement services; and WHEREAS, operating the Traffic Violator Apprehension Program on an area- wide basis without regard to jurisdictional boundaries between the County and contract cities serves the public purpose of the City because drivers routinely cross jurisdictional boundaries, making an area- wide approach to reduction of traffic accidents and driver education most effective in preventing traffic accidents in all participating jurisdictions; and WHEREAS, on March 28, 2000, the Orange County Board of Supervisors adopted Resolution No. 00- 96, which established fees for the Traffic Violator Apprehension Program that are applicable in unincorporated areas of the County. The fees established by County Resolution No. 00-96 address the Sheriff’s administrative costs relating to the removal, impound, storage, or release of properly impounded vehicles; and WHEREAS, on August 7, 2001, the Aliso Viejo City Council adopted Resolution No. 2001- 046, which authorized the Sheriff to collect fees in the City in connection with the Traffic Violator Apprehension Program in amounts identical to the County’s fees as set forth in County Resolution No. 00-96; and
WHEREAS, the Board of Supervisors has established an interest- earning, budgeted special revenue fund, called the “Traffic Violator Fund” and designated as Fund 13B, to be controlled by the Sheriff; and
WHEREAS, the Board of Supervisors has directed that proceeds from the Traffic Violator Apprehension Program fees be deposited into the Traffic Violator Fund; and WHEREAS, the Board of Supervisors has directed that funds from the Traffic Violator Fund must be used to reimburse the Sheriff for the administrative costs associated with the removal, storage, impound, and release of vehicles in accordance with the California Vehicle Code (“Vehicle Code”); and
ATTACHMENT F
97319
WHEREAS, the Sheriff impounds vehicles removed from highways, public property, and private property in the unincorporated areas of the County and in contract cities pursuant to the following authority under the Vehicle Code:
Vehicle Code Section and Impound Ground
14602. 6 Suspended, revoked or unlicensed driver/ 30-day hold 22651 ( a) Unattended vehicle on bridge
22651 ( d) Vehicle blocking driveway
22651 ( e) Vehicle blocking fire hydrant
22651 ( f) Vehicle blocking freeway
22651 ( h) (1) Driver arrested
22651 ( h) (2) Order of suspension or revocation pursuant to section 13388 22651 ( i) (1) Multiple parking citations
22651 ( j) Lack of vehicle registration
22651 ( k) Parking over seventy- two hours
22651 ( l) Parking in a construction zone
22651 ( m) Violation of special events restriction
22651 ( n) No parking zone
22651 ( o) (1) Vehicle registration is incorrect, falsified or expired by more than six months
22651 ( p) Driver unlicensed or license suspended
22651 ( r) Vehicle blocking another vehicle
22651 ( t) Notice to appear/ illegal amber lights
22651 ( u) Acting as a car dealer without a license or temporary permit 22651 ( v) Illegally letting stand a mobile billboard advertisement 22651 ( w) Second or subsequent violation of an ordinance 22655. 3 Removal for investigation ( fleeing in violation of section 2800. 1 or 2800. 2)
98320
22655. 5 ( a) Vehicle was used as the means of committing a public offense 22655. 5 ( b) Vehicle is evidence of crime
22669 Abandoned vehicle
WHEREAS, Vehicle Code section 22850. 5 authorizes the City Council, 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, approximately 20 years have passed since the Board of Supervisors first established the Traffic Violator Apprehension Program fees in County Resolution No. 00- 96; and
WHEREAS, a cost study prepared in 2020 by the Sheriff demonstrated a need to update the County’s Traffic Violator Apprehension Program fees. The Sheriff’s cost study determined that the Sheriff’s administrative costs relating to the removal, impound, storage, or release of vehicles properly impounded under the Vehicle Code is $ 144. 00 per removal; and
WHEREAS, on November 17, 2020, the Board of Supervisors adopted an updated Traffic Violator Apprehension Program fee of $ 144. 00 per removal; and WHEREAS, consistent with the City’s authority under Vehicle Code section 22850. 5, the Sheriff has requested that the City update its Traffic Violator Apprehension fees to match the County’s new fee of $ 144. 00 per removal;
WHEREAS, the City Council desires to update the Traffic Violator Apprehension Program fee to match the County and further desires for the Sheriff to continue to collect the fee on behalf of the City. Continuing with such a practice will ensure that persons whose vehicles are impounded, rather than the public as a whole, will bear the administrative costs of such impounds; and
WHEREAS, Vehicle Code section 22850. 5 imposed the following restrictions on the imposition of this administrative fee:
a) The fee may only be imposed on the registered owner or the agents of that owner and may not include any vehicle towed under an abatement program or sold at a lien sale pursuant to Sections 3068. 1 to 3074, inclusive, of, and Section 22851 of, the Civil Code unless the sale is sufficient in amount to pay the lienholder’s total charges and proper administrative costs; and b) Any charges shall be collected by the local or state authority only from the registered owner or an agent of the registered owner; and c) The charges shall be in addition to any other charges authorized or imposed pursuant to this code; and
99321
d) The fee does not include any administrative costs associated with conducting a hearing or appeal relating to the removal, impound, storage, or release of a vehicle; and
WHEREAS, in addition to the limitations set forth above, it is also unfair to impose the administrative fee authorized by Vehicle Code section 22850. 5 in the following circumstances: 1) when the vehicle was left because it became inoperable while being drive, if the owner makes good faith attempts promptly to remove the vehicle from location where it is not permitted, 2) when the vehicle was stolen, 3) when the vehicle was left by an ill or injured driver, and 4) when it is demonstrated to the satisfaction of the Sheriff or his/her designee that neither the registered owner of the vehicle nor his/ her agent, if any, was at fault in creating the circumstances leading to the impounding of the vehicle; and WHEREAS, a notice of public hearing with respect to the proposed new Traffic Violator Apprehension Program fee provided herein was given according to law; and WHEREAS, a public hearing pertaining to the new Traffic Violator Apprehension Program fee was held on January 7, 2021; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALISO VIEJO,
CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS:
SECTION 1. The recitals above are true and correct and are hereby adopted as findings, as if fully set forth herein.
SECTION 2. The City Council finds that in accordance with the California Environmental Quality Act (“ CEQA”) and the CEQA Guidelines, the adoption of this Resolution is exempt from CEQA pursuant to Public Resources Code section 21080 b)(8) and Sections 15061( b)(3) and 15273( a)(1) of Title 14 of the California Code of Regulations because CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Here, this Resolution does not undertake any project that has the potential for causing a significant effect on the environment as the Resolution simply authorizes the Orange County Sheriff’s Department to collect its updated operating cost- recovery fee for the removal, impoundment, and storage of vehicles for specified Vehicle Code violations.
SECTION 3. That on January 20, 2021, the administrative fee indicated below shall become effective for the removal, impound, storage, or release of vehicles properly impounded after removal from locations in the City in accordance with or on account of provisions of the Vehicle Code listed below:
A fee of $ 144. 00 for each removal of a vehicle in accordance with or on account of violation of Vehicle Code sections:
14602. 6 Suspended, revoked or unlicensed driver/ 30-day hold 100322
22651 ( a) Unattended vehicle on bridge
22651 ( d) Vehicle blocking driveway
22651 ( e) Vehicle blocking fire hydrant
22651 ( f) Vehicle blocking freeway
22651 ( h) (1) Driver arrested
22651 ( h) (2) Order of suspension or revocation pursuant to section 13388 22651 ( i) (1) Multiple parking citations
22651 ( j) Lack of vehicle registration
22651 ( k) Parking over seventy- two hours
22651 ( l) Parking in a construction zone
22651 ( m) Violation of special events restriction
22651 ( n) No parking zone
22651 ( o) (1) Vehicle registration is incorrect, falsified or expired by more than six months
22651 ( p) Driver unlicensed or license suspended
22651 ( r) Vehicle blocking another vehicle
22651 ( t) Notice to appear/ illegal amber lights
22651 ( u) Acting as a car dealer without a license or temporary permit 22651 ( v) Illegally letting stand a mobile billboard advertisement 22651 ( w) Second or subsequent violation of an ordinance 22655. 3 Removal for investigation ( fleeing in violation of section 2800. 1 or 2800. 2)
22655. 5 ( a) Vehicle was used as the means of committing a public offense 22655. 5 ( b) Vehicle is evidence of crime
22669 Abandoned vehicle
101323
SECTION 4. The Sheriff is authorized to collect the fee established herein, on behalf of the City, at the time of release of vehicles that are subject to the fee.
SECTION 5. The fee established herein shall only be imposed on the registered owner or the agent of the owner of the impounded vehicle, shall not include any vehicle towed under an abatement program or sold at a lien sale pursuant to Sections 3068. 1 to 3074, inclusive of, and Section 22851 of, the Civil Code unless the sale is sufficient in amount to pay the lienholder’s total charges and proper administrative costs.
SECTION 6. The fee established herein shall be collected only from the registered owner or an agent of the registered owner and that said fee is in addition to any other charges authorized or imposed pursuant to the Vehicle Code.
SECTION 7. The fee established herein complies with Vehicle Code section 22850. 5 ( b)(4) as the cost study conducted by the Sheriff that supports the $ 144. 00 per removal fee did not include administrative costs for conducting a hearing or appeal related to the removal, impound, storage, or release of a vehicle.
SECTION 8. The Sheriff shall not impose the fee established herein in any of the following circumstances: ( a) when the vehicle was left because it became inoperable while being driven, if the owner made good faith attempts promptly to remove the vehicle from a location where it was not permitted: ( b) when the vehicle was stolen; ( c) when the vehicle was left by an ill or injured drive; or (d) when it is demonstrated to the satisfaction of the Sheriff or his/ her designee that neither the registered owner of the vehicle nor his/her agent, if any, was at fault in creating the circumstances leading to the impounding of the vehicle.
SECTION 9. A registered owner or an agent of a registered owner who believes he/she/ they are exempt from the fee established herein under any of the criteria listed in Section 8 above may apply in writing for a waiver of the fee and shall present such supporting information or documentation, as the Sheriff may request, to the City’s Administrative Sergeant. Upon the presentation of a written application for waiver of said fee, together with such supporting documentation as may be requested by the Sheriff, the Administrative Sergeant or his/ her designee shall determine promptly whether the applicant meets the criteria for a waiver of the fee and if so, shall waive the fee.
SECTION 10. Until further order of the City Council, the Sheriff is directed to deposit the proceeds of the fee established herein into Traffic Violator Fund in the County Treasury. Proceeds from the Traffic Violator Fund shall be used in conformance with the County’s restrictions for the same as well as in conformance with any applicable provisions set forth in the City’s agreement with the County for the Sheriff’s law enforcement services.
SECTION 11. Until further order of the City Council, the Board of Supervisors is authorized to carry forward in the Traffic Violator Fund and accumulate any balance of proceeds of fees imposed by this Resolution that remains at the end of a fiscal year, as long as such fee proceeds will be used for the purposes provided herein. 102324
SECTION 12. This Resolution supersedes Resolution No. 2001- 046.
PASSED, APPROVED, AND ADOPTED this 20th day of January, 2021.
Tiffany Ackley
Mayor
APPROVED AS TO FORM: ATTEST:
Scott C. Smith Mitzi Ortiz, MMC
City Attorney City Clerk
Mitzi OrOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOtiz,MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMCMMMMMMMMMMMMMMMMMMMMMCCCCMCMMMMMMMMCMMMMMMMCCCMMMMMMMMMMMCMCMMMMMMMMMMMMCMCMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM City Clerk
103325
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ALISO VIEJO )
I, MITZI ORTIZ, City Clerk of the City of Aliso Viejo, California, DO HEREBY CERTIFY that the foregoing Resolution No. 2021- 04 duly passed and adopted by the City Council of the City of Aliso Viejo at their regular meeting held on the 20th day of January, 2021, by the following roll call vote, to wit:
AYES: Mayor Ackley, Mayor Pro Tem Chun, Councilmembers Harrington, Hurt, and Munzing
NOES: None
ABSENT: None
MITZI ORTIZ, MMC
CITY CLERK
SEAL)
MITZI OROOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOTIZ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMC
CITY CLERK
104326
OCSD
BUDGET
USE ONLY
R E Q U E S T
C ER TI F I C A T IO N
A P P R O V A L S
ORANGE COUNTY SHERIFF-CORONER
TRAFFIC VIOLATOR APPREHENSION PROGRAM
CONTRACT CITY
Participating City Request to Purchase From the TVA in FY Date
APPLICABILTY
QUANTITY ITEM DESCRIPTION TO TVA PROGRAM ESTIMATED COST
THE CITY CERTIFIES THAT THE EQUIPMENT PURCHASED BY CITY AND TO BE REIMBURSED BY PROGRAM FUNDS
WILL BE USED FOR ITS ENTIRE USEFUL LIFE EXCLUSIVELY FOR THE PURPOSES OF THE TRAFFIC VIOLATOR
APPREHENSION PROGRAM
CITY MANAGER REQUEST:
Printed Name
Signature: DATE
Recommended For Approval
CITY POLICE SERVICES CHIEF MANAGER – TVA PROGRAM
ORANGE COUNTY SHERIFF-CORONER DEPARTMENT
ATTACHMENT G
105327