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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 C> 0 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 ' • • J ��...I��. . 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 i /� 20 31 32 J:G : cm F,V31 -1 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 J � WF o i 15 woo 16 4 Z DZ a 'D o 17 18 19 20 21 22 23 24 25 26 27 29 30 31 32 L] 0 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. 1 2 3 4 5i 6i 7 8i 9 10 11 12 13 14 w� LLzoz 15 0 0 0 J >w 16 0 z 0 Z Z Q 0 � 17 18 19 I 20 21 22 23 24 25 26 27 28 29 30 31 32 0 F�I 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. F1031.1 11 3. owl 21 3 4 10 11 12 13 14 J } x F o�; 15 0 W 0 V LL }W 16 0 Z 0 O 1 4 6 0a 17 V 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: 19 20 $y_� 21 22 23 24 25 26 27 28 29 30 31 32 01?2 1.z By airman of its board of Super- visors ti. rc` _ �n H 1 ` 4. r rpora ;a,• ;ter -.. J. f r �'.. �i1 .'.. ..) � � h �� �� `�J T� ., 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