HomeMy WebLinkAboutC-1541 - District Attorney prosecution servicesCITY OF NEWPORT BEACH
€C' 1974 Office of
C� CITY ATTORNEY
To: The Honorable Mayor and
Members of the City Council
From: City Attorney
Subject: Status - D.A. Prosecutions
/G73
February 25, 1974
1-1 -dal
It has been approximately seven months since we retained the
services of the District Attorney's office to prosecute the
City's Municipal Code violations. The purpose of this report
is to comment on the status and success of the program.
From the period of July 10, 1973, through December 12, 1973, the
District Attorney has represented the City on 153 cases, approxi-
mately 28 cases per month. At $22.00 per case, the total cost
for this period was $3,376.71, approximately $615.00 per month.
We are advised by the Municipal Court that the judges are satis-
fied with the procedure. The Police Department reports no
complaints relating to the adequacy of the legal representation
for the officers. Furthermore, the Finance Department states
there is no significant difference in the receipt of revenues
from court fines since the District Attorney commenced prosecuting
the Municipal Code violations.
From the foregoing, it would appear that the program has been a
success. We believe that it has greatly increased the efficiency
of this office and would recommend its continuance.
,V 4 i/ (IU
DENNIS D. O'NEIL
City Attorney
DON/bc
CC: City Clerk,
City Manager
Finance Department
Chief of Police
MINUTES OF THE BOARD OF SUPE3RVIS0
23 1973 111111
OF ORANGE COUNTY, CALIFORNIA
July 10, 1973
1673
R Fell no �
JUL 17 1973
q(.
IN RF.: AGREEMENT PROSECUTION SERVICES CITY OF NEWPORT BEACH
On motion of Supervisor Baker, duly seconded and unanimously
carried, the Chairman and the Clerk are authorized to sign the Agreement
dated July 10, 1973, between the County of Orange and the City of Newport
Beach, providing for the prosecution of violators of municipal ordinances
by the Orange County District Attorney.
IN RE: AFFILIATION AGREEMENT ALLIED HEALTH TRAINING
LOMA LINDA UNIVERSITY
On motion of Supervisor Baker, duly seconded and unanimously
carried, the Chairman and the Clerk are authorized to sign the Allied
Health Training Program Agreement dated July 10, 1973, between the County
of Orange and Loma Linda University, providing for an affiliation with
the Orange County Medical Center for a course entitled "Occupational
Therapy ".
IN RE: SPECIAL ELECTION PROCLAMATION TAX AND EXPENDITURE
LIMITATION INITIATIVE
On motion of Supervisor Baker, duly seconded and unanimously
carried, the Special Election Proclamation declaring that a special
statewide election will be held on November 6, 1973, to place before the
voters the tax and expenditure limitation initiative is received from
the Governor's Office, State of California, and ordered filed.
IN RE: PRELIMINARY REPORT ON PLANNING FOR THE AGING
ORANGE COUNTY COUNCIL ON AGING
On motion of Supervisor Baker, duly seconded and unanimously
carried, the preliminary report presented by the Orange County Council
on Aging on the subject of planning for the aging is received and ordered
filed and a copy is ordered referred to the Task Force for the Proposed
Establishment of a County Commission or Council on Aging.
F 1013 -2.2
JUN 251973
By the CITY COUNCIL
". liTy F!:C 9t•.Aci.
To:
From:
Subject:
CITY OF NEWPORT BEACH
Office of
CITY ATTORNEY
June 25, 1973
The Honorable Mayor
and Members of the City Council
City Attorney
Agreement with County of Orange Regarding
Prosecution of Municipal Ordinances
The resolution on this evening's agenda, if adopted, would
authorize the execution of an agreement with the County of
Orange whereby the District Attorney's office would assume
responsibility for prosecuting violations of the Newport
Beach Municipal Code. By the terms of this agreement, the
County would be paid the sum of $22.07 for each case it
prosecutes. The contract also provides that the City may
request that the District Attorney's Office litigate appeals
from convictions of the City's ordinances. Such services
would be billed to the City on an hourly basis. The City
will be billed under this contract on a quarterly basis,
and either party may terminate the agreement upon thirty
days' written notice to the other.
3 � ,
In those cases in which a specialized municipal ordinance
(e.g., a zoning ordinance) is violated, the District Attorney
has the right to determine that the matter should be prosecuted
by the City Attorney. In addition, the City reserves the right
to prosecute any cases which it feels should be processed by
the City Attorney's office.
DENNIS O'NEIL
City Attorney
cc: City Manager
City Clerk
Chief of Police
CITY OF NEWPORT BEACH
CALIFORNIA.
ISM
City Hall
3300 W. Newport Blvd.
Area Code 714'
673 -2110
Jean 270 1974
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. C -1541 (Change in Rates)
Description of Contract Prosecution Services by the District A
of Orange County
Authorized by Resolution No. 8024 , adopted &i -25 -73
Effective date of Contract July 1, 1974
Contract with County Administration Offices
Address $15 N. Sycmmre Street
Santa Ana, CA 92701
Amount of Contract See attached letter
-city ftem
AW-
0
._OUIVTY C.)F
COUNTY ADMINISTRATIVE OFFICE
June 21, 1974
Mr. Robert Lee Wynn
City Manager
3300 West Newport Blvd.
Newport Beach, CA. 92660
� X73
• R. E. THOMAS
COUNTY AO'�INISTRATIVE OFFICER
COUNTY AO!AINISTRATION BUILDING
515 NORTH SYCAMORE STREET
SANTA ANA. CALIFORNIA 92701
TELEPHONE: 334 -2345
AREA CODE 714
1114, Rs 0'`x"
�UI,�ja
Ax, cF..� r
SUBJECT: Agreement for Prosecution Services by the District Attorney of
Orange County
Dear Sir:
Paragraph 7d of subject agreement
states that rates for
this
service will
be reviewed annually by the County Auditor - Controller.
This
review was
accomplished in May of 1974, (see
attached) and new rates
will
be effective
July 1, 1974. The changes in the
rates are summarized
below:
OLD RATE
NEW RATE
Referral (para. 7a)
22.07
23.74
Additional Prosecution (para. 7b)
22.07
23.74
Special�Costs (para. 7c)
2030 per
hour
22.07 per hour
Special Costs (para. 7c)
6.26 per
hour
6.69 per hour
Please attach a copy of this letter to your original agreement for referrence.
If we can be of any further assistance in this matter, please call Dan Miller
at 834 -4755.
DM:sjt
Attachment
W < �2��
County Administrative Officer
V. A. HElf.f
%l` \�y +mil 1 � ^ •
Flh [J+CE F.UILCIYG
635 NORTH uROAD: °AY
P.O. UO'!, ii)
SANTA Ati A, CALIF'G ?`IIA 927G2
TEL&PHONE: 434 -2 -50
APEA CODE ]14
OFFICE OF AUDITOR- CONTROLLER File. No_ 4 -11
May 3, 1974
TO: Cecil Hicks, District Attorney
SUBJECT: District Attorney - Legal Services Charges
,In accordance with the agreements for.legal services, we
have completed a cost analysis of the Municipal Court
operations of the 'District Attorney's Office. The purpose
of this study was to determine rates for.the cost of
prosecution of .Municipal Code violations by the District
Attorney as they relate to the contract cities. .
The scone of our study covered all of the direct and
indirect costs considered applicable to the Municipal Court,
Division of the District Attorney's Department. These costs
include salaries and wages, services and supplies, county
retirement contributions, workmen's compensation insurance,
group medical insurance, depreciation, departmental and
general county overhead.
The overall results of this analysis, summarized below, show
the hourly billing rates and an estimated average cost per -
case.
All Municipal Courts
H ourly Billing Rates
Clerk- Typists and Stenographers $ 6.69
Deputy District Attorneys $22.07
Cost Per Average Case per Contract Cities
Cler}:- Typist and Stenographer
(1/4 hr.*) $ 1.67
Deputy District Attorney (1 hr. *) 22.07
Total $23.7=
*As estimated by District Attorney personnel.
4
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CITY OF NEWPORT BEACH
CALIFORNIA
City Hall
3300 W. Newport Blvd.
Area Code 714
673 -2110
DATE August 1, 1973
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. 15u1
Description of Contract A=aam ant frw+ prr eirhinn 4n •evq„
Authorized by Resolution No. 8024 , adopted on Timp 71S � 3973
Effective date of Contract Ju2.y in, 1973
Contract with n . 0Z Oxr�lge
Address US Ti a}•aaw,=L-
Amount of Contract s ®� cantract
City CleiAk
t
3�
41
51
6
7'
8
9
10
11
12
13
14
J r
U
U 0 0
u u
16
00 171
18
19
20
21
22
23
24
25
26
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. PLEASE RETURN TO:
J �
LAURA LAGIOS, CITY CLERK �;�� _
CITY OF NEWPORT BEACH \ -
3300 NEWP02T BOULEVARD �' `'' U1.
NEWPORT BEACH, CALIF. 92660 ;
AGREEMENT FOR PROSECUTION SERVICES
THIS AGREEMENT, made and entered into by and between the -- COUNTY OF
ORANGE, a body politic and corporate, hereinafter designated as "COUNTY ",
and the
City
of
Newport Beach ,
a municipal
corporation,
located
in the County
of
Orange, hereinafter
designated as
"CITY ".
WITNESSETH:
In consideration of the terms, covenants, conditions and promises
to be kept, performed and observed by the parties hereto, it is agreed
as follows:
1. COUNTY, through its District Attorney and deputies, officers
and employees of his department, shall render to CITY such services as
may be required to prosecute violation of CITY's ordinances in the
municipal courts.
2. For the purpose of performing said functions, COUNTY shall
provide all manpower and supervision necessary to maintain the service
to be rendered hereunder.
3. The final authority for rendition of service, standards of
performance, and other matters incident to the performance of such
service and the control of COUNTY personnel shall remain in COUNTY.
4. CITY shall not be called upon to assume any liability for the
direct payment of any salaries, wages or other compensation to any
COUNTY personnel performing services hereunder or any liability other
than that provided for by this Agreement. Except as herein otherwise
specified, CITY shall not be liable for compensation or indemnity to
any COUNTY employee for any injury or sickness arising out of his employ-
27 iI ment .
28 II
29
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20
31
32
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5. COUNTY, its officers, agents and employees shall not be deemed.
to have assumed any liability for the negligence of CITY or any of its
officers or employees; and CITY shall hold COU:;TY, its officers and
employees harmless from any and all claims for damages resulting there-
from.
1.
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2
3
4
5
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7
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10
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6. Both CITY and COUNTY shall hold each other harmless from
liability for acts or omissions of the other.
7a. Referrals for complaints. CITY may refer suspected violations
of its criminal ordinances to the District Attorney for a determination
as to whether a criminal complaint should be filed. CITY agrees to pay
COUNTY the sum of Twenty -Two Dollars and Seven Cents ($22.07) for each
referral without regard to the issuance of a complaint. As used herein,
a "referral" means an occurrence constituting an alleged violation of one
or more CITY ordinances by one person. CITY will provide investigation,
reports, copies of its ordinances, and additional evidence as requested
by the District Attorney. In cases where prosecution is authorized by
the District Attorney, he will draft and prepare the complaint. When
"not guilty" pleas are entered on such complaints, the District
Attorney will prosecute such cases through trial without further charge
except as provided in Paragraph 7c herein.
7b. Additicnal Prosecution. Trials of violations of CITY
criminal ordinances will be prosecuted by the District Attorney on
citations for parking and animal control violations and complaints
issued in accordance with Paragraph 7a herein. Trials on complaints and
citations issued otherwise will not be tried by the District Attorney
without the consent of his deputy -in- charge of the branch office serving
the judicial district in which CITY is located. The District Attorney
has the right to determine that special ordinances of exclusively local
concern should be prosecuted by the City Attorney. CITY agrees to pay
COUNTY Twenty -Two Dollars and Seven Cents ($22.07) for each such
prosecution except as provided in Paragraph 7c herein. As used herein,
"prosecution" means the District Attorney's appearance in court after
witnesses are subpoenaed on the first setting of one defendant's trial.
Where the CITY asks the District Attorney to request dismissal before
subpoenas have been issued, no charge will be made. As prosecutor, the
District Attorney has the right to control the disposition of all
F 1031-1 11 2.
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complaints, trials, and appeals herein described in accordance with the
duties of his office. CITY will provide investigation, reports,
citations, copies of its ordinances, and additional evidence necessary
for trial as requested by the District Attorney. This includes, but is
not limited to, Department of Motor Vehicles' registration information
and official documentation of ownership and licensing of vehicles cited
under CITY's parking ordinances.
7c. Special costs. CITY may request the District Attorney to
file, answer, and litigate appeals from convictions from CITY's
ordinances. CITY agrees to pay to COUNTY for such services on appeals
the sum of Twenty Dollars and Fifty Cents ($20.50) per hour of attorney's
time and Six Dollars and Twenty -Six Cents ($6.26) per hour of clerk
typist's or stenographer's time. In addition to charges described in
Paragraphs 7a and 7b herein, CITY agrees to pay COUNTY for all time,
including preparation, spent in prosecutions in excess of one day, at
the rate specified in this paragraph.
7d. The above rates shall be reviewed annually by the COUNTY
Auditor - Controller, and if it it is determined that a change in the
rate is necessary to reflect change in costs to COUNTY, COUNTY shall
notify CITY of such change prior to June 30, and the change shall become
effective the following July 1.
8. Within ten (10) days following the end of each calendar quarter,
COUNTY shall render to CITY a statement of the cost of services performed
under this contract, and CITY shall pay COUNTY therefor within twenty
(20) days after receipt of such statement. Such statement shall consist
of the number of Referrals for complaints, Additional prosecutions,
and itemized Special costs. If such payment is not received by the
COUNTY within thirty (30) days after rendition of billing, the COUNTY
may satisfy such indebtedness from any funds of the CITY on deposit with
the COUNTY without giving further notice to CITY of COUNTY's intention
to do so.
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9. This Agreement shall continue in full force and effect for a
term of five (5) years, commencing duly 10 , 19,x_,
provided that either party may terminate upon thirty (30) days' written
notice.
IN WITNESS WHEREOF, COUNTY has caused this Agreement to be
executed by the Chairman of its Board of Supervisors and attested by
the Clerk of said Board, and CITY has caused this Agreement to be
executed by its Mayor and attested by the City Clerk on the dates set
opposite their respective signatures.
DATED: �/ /} , 197,_� . COUNTY OF ORANGE, a body politic
and cor orate
ATTEST:
WILLIAM E. ST JOHN
County Clerk and ex- officio Clerk
of said Board of Supervisors
By
Deputy
DATED: � L ;; yE ,zE , 19 -73
18
ATTEST:
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01?2 1.z
By
airman of its board of Super-
visors
ti.
rc` _ �n
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4.
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rpora
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;ter
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CC: City Clerk
L
CITY ATTORNEY
MYY M 71:.1
3zof.l WN k/ ill: :X'Q M 1 lY
June 27, 1973
Enclosed are two originals and one copy of subject
agr,eenent for transmittal to the Orange Oo arty Hoard
of Supervisors for execution. Please return a fully
executed copy to my offios. Also, please fill in the
blanks of pages one and four.
Laura Lagios
City Clerk
LL:swk
enc.
RESOLUTION NO. 8 0 2 4
A RESOLUTION OF
CITY OF NEWPORT
EXECUTION OF AN
CITY OF NEWPORT
ORANGE FOR DIST
SERVICES
THE CITY COUNCIL OF THE
BEACH AUTHORIZING THE
AGREEMENT BETWEEN THE
BEACH AND THE COUNTY OF
2ICT ATTORNEY PROSECUTION
WHEREAS, there has been presented to the City Council
of the City of tiewport Beach a certain agreement between the
City of Newport Beach and the County of Orange for District
Attorney Prosecution Services; and
WHEREAS, the City Council has considered the terms
and conditions of said agreement and found them to be fair
and equitable;
NOW, THEREFORE, BE IT RESOLVED that said agreement
for the services above described is approved, and the Mayor and
City Clerk are hereby authorized and directed to execute the
same on behalf of the City of Newport Beach.
ADOP ^D this 25th day of June , 1973 .
Mayor
ATTEST:
City Clerk
dm
6/20/73