1996-005-Ratifying The First Amendment To The Memorandum Of Understanding For The Regional Auto Theft Task Force Of Santa Clara CountyRESOLUTION 1996 - 5
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
RATIFYING THE FIRST AMENDMENT TO THE
MEMORANDUM OF UNDERSTANDING FOR THE
REGIONAL AUTO THEFT TASK FORCE (RATTF) OF SANTA CLARA COUNTY
WHEREAS, in 1992 the Board of Supervisors of Santa Clara County adopted a resolution
authorizing the collection of a $1 registration fee per vehicle, in accordance with Vehicle Code
Section 9250.14; and,
WHEREAS, in 1994 the Board of Supervisors of Santa Clara County authorized the
creation and funding of the Regional Auto Theft Task Force (RATTF) of Santa Clara County in
compliance with Vehicle Code Section 9250.14; and,
WHEREAS, in 1994 the Los Gatos Police Department became a participating agency in
RATTF and desires to continue its participation; and,
WHEREAS, in October, 1995, the Governor of the State of California signed Assembly
Bill 135 which extended the repeal date of Vehicle Code Section 9250.14 to January 1, 2000; and,
WHEREAS, the State may contend that the RATTF must repay monies it has to
distributed to the Town; and,
WHEREAS, this First Amendment provides that the RATTF and the County will not be
liable to reimburse the State for the Town's share, although the Town believes and will contend
that its use of the funds will comply with Section 9250.14 and not be subject to return to the State;
THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Los Gatos,
County of Santa Clara, State of California, that the First Amendment to the Memorandum of
Understanding for the Regional Auto Theft Task Force (RATTF) of Santa Clara County as signed
by the Chief of Police of the Los Gatos Police Department and attached as exhibit A is hereby
ratified, subject to the understandings expressed in the Recitals above.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 16th day of January, 1996 by the following vote:
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin
Mayor Randy Attaway
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR THE TOW OF LOS GATOS
LOS GATOS, CALIF NIA
ATTEST:
E
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
AGR' 2 , d Y
IHH: '--
REI -
BID:
FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING
FOR THE REGIONAL AUTO THEFT TASK FORCE (RATTF)
OF SANTA CLARA COUNTY
THIS FIRST AMENDMENT is made and entered into this December 18 1995 by the
below listed agencies in connection with the Regional Auto Theft Task Force ( "RATTF "). The
agencies listed below have agreed to abide by the terms and provisions of the original agreement
dated August 19, 1994, throughout the duration of this joint operation.
City of San Jose
City of Santa Clara
City of Sunnyvale
City of Mountain View
City of Campbell
City of Milpitas
City of Gilroy
Town of Los Gatos
City of Palo Alto
City of Los Altos
City of Morgan Hill
Santa Clara County Sheriff
California Highway Patrol
Santa Clara County District Attorney
RECITALS
WHEREAS, on September 30, 1990, the Governor for the State of California, signed
Senate Bill 2139 which added to the Vehicle Code, Section 9250.14 which allowed a $1.00
vehicle registration fee for deterring, investigating, and prosecuting of vehicle theft crimes; and
WHEREAS, on June 22, 1992, the Santa Clara County Board of Supervisors adopted a
resolution dated June 22, 1992 to implement said fees; and
WHEREAS, on February 17, 1994, RATTF was created by the Santa Clara County
Police Chief's Association with the formation of the Executive Committee; and
EXHIBIT "A"
WHEREAS, on August 19, 1994, the above listed agencies entered into an agreement
entitled "Memorandum of Understanding for The Regional Auto Theft Task Force of Santa Clara
County," ( "MOU "); and
WHEREAS, on October 12, 1995, the Governor for the State of California, signed
Assembly Bill 135 which extended the repeal date of Vehicle Code Section 9250.14 to January
1, 2000; and
WHEREAS, the above agencies desire to continue the MOU and to modify the terms
with respect to the Fiscal Procedures under Article III Section B "Claim for Reimbursement" in
order to implement and operate the RATTF until the termination of Task Force funding;
NOW, THEREFORE, in consideration of mutual promises and benefits, the above
agencies agree that the MOU be amended as follows:
III. FISCAL PROCEDURES
B. Claim for Reimbursement
Upon agreement by the above agencies, RATTF will provide an advance payment of the
base salaries for each participating member of the task force to June 30, 1997. For the
purpose of the advance payment, the base salaries will be calculated on salaries in effect
on December 12, 1995. See Attachment A.
Participating agencies shall submit a Salary Reimbursement Itemization Report (supplied
by the Task Force) to the Task Force Coordinator no later than the last Friday of the
month following the end of each fiscal quarter. The four fiscal quarters are as follows,
January through March, April through June, July through September, and October
through December. Reimbursement Reports must then be submitted by the last Friday of
April, July, October, and January respectively.
EA
Reimbursement will only by made based on actual hours of program participation. This
will include regular and overtime hours, as well as sick time, vacation, holiday, funeral,
military and short term disability, as determined through Executive Committee action.
Upon approval of the Task Force Coordinator, all reimbursement claims will be paid to
the specified agencies net of any base salary advances and upon receipt of the State funds
into the Task Force account for the quarter in question. Any credit due to RATTF will be
carried forward to the next quarter to be offset against costs.
Every attempt will be made for full cost recovery to each participating agency. If
revenues are projected to fall below the fund balance, then the Task Force Coordinator,
with Executive Committee approval, will reduce the number of unit members to insure
full cost recovery.
If the State of California, attempts to collect any advance payments with interest, any
agencies receiving the advance payment will reimburse RATTF for the advance payment
plus their proportionate share of interest.
WITNESS THE EXECUTION HEREOF, the day and year first written above.
EXECUTIVE COMMITTEE AND PARTICIPATING AGENCIES
APPROVED AS TO FORM:
:: 13U ... L ao"
County of Santa Clara
County Counsel
3
COUNTY OF SANTA CLARA
OFFICE OF THE DISTRICT ATTORNEY
George W. Kennedy, District Attorney
COUNTY OF SANTA CLARA
OFFICE OF THE SHERIFF
Charles P. Gillingham, Sheriff
CITY OF SANTA CLARA
CITY OF SAN JOSE
Louis A. Cobarruviaz, Chief
San Jose Police Department
CALIFORNIA HIGHWAY PATROL
Charles R. Arolla, Chief Alan P. Wolochuk, Captain
Santa Clara Police Department San Jose Office
PARTICIPATING AGENCIES
CITY OF CAMPBELL
Bob`Lockwood, Acting Chief
Campbell Police Department
CITY OF LOS ALTOS
Lt-� <�-
Dianne Gershuny
City Manager
MILPIT.
y Chief
Department
0
CITY OF GILROY
Ro . S aki, Chief
Gilroy Police Department
TOWN OF LOS GATOS
(4, � - —
arry T di Chief
s
Los Ga Police Department
CITY OF MORGAN HILL
.4i
Steven Schwab, Chief
Morgan Hill Police Department
CITY OF MOUNTAIN VIEW
Mike Maeher, Chief
Mountain View Police Department
CITY OF SUNNYVALE
�, r
Regan Williams, Director
rr Sunnyvale Dept. of Public Safety
CIT i F P 'ALT
hris Durkin, hief
Palo Alto Police Department
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