Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  19-000094

 

MEETING DATE:

06/25/19

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

5

SUBMITTING Agency/Department:

Sheriff-Coroner   (Approved)

Department contact person(s):

Jeff Hallock  (714) 647-1804 

 

 

Jeff Puckett (949) 425-1818

 

 

Subject:  Dana Point Law Enforcement Services Agreement

 

      ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Discussion

 

 

3 Votes Board Majority

 

 

 

    Budgeted: N/A

Current Year Cost: N/A

Annual Cost: FY 2019-20 $12,855,265

 

 

 

    Staffing Impact:

See Staffing Impact Section

# of Positions:

Sole Source: N/A

    Current Fiscal Year Revenue: N/A

  Funding Source: Other: 100% (City of Dana Point)

County Audit in last 3 years: No

 

 

    Prior Board Action: 6/26/2018 #41, 6/27/2017 #38, 6/28/2016 #58, 6/23/2015 #34

 

RECOMMENDED ACTION(S):

 

 

1.

Approve and authorize execution of the agreement for law enforcement services with the City of Dana Point for the period July 1, 2019 through June 30, 2020, in an amount not to exceed $12,855,265.

 

2.

If no law enforcement services agreement between the County of Orange and the City of Dana Point has been entered by June 30, 2020, delegate to the Sheriff-Coroner authority to execute, on behalf of the County of Orange, a written amendment to this law enforcement services agreement that extends the term for a specified period between July 1, 2020 and August 31, 2020 and provides that the County will continue during the period of extension to provide all or a specified part of the law enforcement services previously provided to the City of Dana Point, and that the City of Dana Point will pay the full costs of such services.

 

3.

Delegate to the Sheriff-Coroner authority to execute, on behalf of the County of Orange, written amendments to this law enforcement services agreement that increase or decrease the total FY 2019-20 cost of services by 1 percent or less of $12,855,265 and that do not materially change other provisions of the agreement.

 

 

4.

Delegate to the Sheriff-Coroner authority to execute, on behalf of the County of Orange, an amendment to this agreement to substitute the City’s amended or new Traffic Violator Apprehension Program resolution, as long as the amendment does not materially change any other provision of this agreement.

 

 

 

SUMMARY:

 

Approval of the agreement with the City of Dana Point will allow the Sheriff-Coroner Department to continue to provide law enforcement services to maintain the safety and welfare of residents of Dana Point.

 

 

BACKGROUND INFORMATION:

 

The City of Dana Point has been contracting with the County of Orange (County) for the Sheriff-Coroner (Sheriff) to provide law enforcement services since 1989.  The table below notes when the Board of Supervisors (Board) approved the most recent agreements, any amendments and any annual adjustment amount.

 

 

 

Fiscal Year

Amendment

Number or Agreement

 

Date Approved By Board

 or Adjusted

 

 

Amount

 

 

Comments

FY 2014-15

Agreement

June 24, 2014

$10,114,276

Established service levels for FY 2014-15

 

FY 2014-15

n/a

Adjusted July 25, 2014

$10,126,204

Adjusted as a result of ratified labor union contract negotiations

 

FY 2015-16

Agreement

June 23, 2015

$10,821,207

Established service levels for FY 2015-16

 

FY 2015-16

1

January 8, 2016

$10,810,911

Approved administratively since adjustment was less than 1% impact

 

FY 2015-16

n/a

Adjusted April 29, 2016

$10,967,789

Adjusted as a result of ratified labor union contract negotiations

 

FY 2016-17

Agreement

June 28, 2016

$11,255,076

Established service levels for FY 2016-17

 

FY 2016-17

n/a

Adjusted December 9, 2017

$11,467,397

Adjusted as a result of ratified labor union contract negotiations

 

FY 2016-17

1

March 7, 2017

$11,463,357

Approved administratively since adjustment was less than 1% impact

 

FY 2017-18

Agreement

June 27, 2017

$12,072,713

Established service levels for FY 2017-18

 

FY 2017-18

1

September 1, 2017

$12,081,545

Approved administratively since adjustment was less than 1% impact

 

FY 2017-18

2

October 5, 2017

$12,082,258

Approved administratively since adjustment was less than 1% impact

FY 2018-19

Agreement

June 26, 2018

$12,671,207

Established service levels for FY 2018-19

 

FY 2018-19

n/a

Adjusted January 30, 2019

$12,701,014

Approved administratively since adjustment was less than 1% impact

 

Proposed law enforcement services for FY 2019-20 include the positions and service levels as noted on the table below.

 

Position Title

Service Level

Lieutenant

1.00

Sergeant

6.00

Deputy Sheriff II - Patrol/Traffic

21.00

Deputy Sheriff II - Directed Enforcement

1.00

Deputy Sheriff II - Community Support Unit

3.00

Investigator

2.00

Investigative Assistant

1.00

Community Services Officer

4.00

Crime Prevention Specialist

1.00

 

The total cost to the City of Dana Point for the FY 2019-20 contract is $12,855,265, which includes regional/shared staff.

 

Agreement costs include salaries, wages, employee benefits, services and supplies, transportation expenses, as well as division, department and County (County-Wide Cost Allocation Plan) overhead.  FY 2019-20 cost is 1.21 percent higher ($154,251) than the current fiscal year final adjusted agreement of $12,701,014.  The net increase is due to updated salary and benefit changes approved by the Association of Orange County Deputy Sheriffs (AOCDS), Association of County Law Enforcement Managers (ACLEM), Orange County Managers Association (OCMA) and the Orange County Employees Association (OCEA) and an increase in Sheriff overhead.  The Board ratified the ACLEM agreement on June 26, 2018, the OCMA agreement on April 24, 2018 and the OCEA agreement on July 31, 2018.  The AOCDS agreement was approved by the Board on September 6, 2016.  The net increase amount was mitigated by the reduction of one Community Services Officer position and elimination of extra help.

 

Since there are salary and benefit issues that remain to be resolved for the current labor contracts for employees represented by various bargaining units (i.e., OCMA, ACLEM, OCEA, AOCDS), and which are not reflected in the contract cost, the proposed agreement includes provisions that require the City of Dana Point to pay for the cost of any increase in compensation or benefits, or to adjust the service level to stay within the original maximum obligation.

 

This agreement is submitted for approval less than 30 days prior to the start of the proposed agreement due to an extended negotiation period over the terms and conditions in the agreement, and the need to have the Dana Point City Council approval before presenting the agreement to the Board for approval.  The Dana Point City Council approved this agreement at its June 7, 2019 meeting.

 

 

FINANCIAL IMPACT:

 

The City of Dana Point is responsible for 100 percent of the costs related to this agreement.  The FY 2019-20 Budget for the Sheriff-Coroner Department, as presented to the Board of Supervisors, includes appropriations and revenue for this agreement based on the FY 2018-19 agreement.  Adjustments to reconcile positions with related appropriations and revenue to the adopted FY 2019-20 agreement will be requested in the FY 2019-20 First Quarter Budget Report.

 

 

STAFFING IMPACT:

 

Position changes associated with this agreement may impact the total number of authorized positions for the Sheriff-Coroner Department.  The changes reflected below are agreed upon modifications to staffing levels within the proposed agreement in comparison to prior years:

 

Modifications:

Decrease Community Services Officer positions from 5 to 4 positions.

Elimination of Extra Help staff

 

Any positions actions related to this agreement will be requested in the FY 2019-20 First Quarter Budget Report.

 

 

ATTACHMENT(S):

 

Attachment A - Agreement
Attachment B - Redline Version of Previous Agreement