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Home My WebLink AboutC-2031 - District Attorney Prosecution ServicesMay 31, 2007 0 �... OFFICE OF THE Ci DISTRICT ATT EY ORANGE COUNTY, CALIFORNIA TONY RACKAUCKAS, DISTRICT ATTORNEY Debbie Alcaraz, Administrative Assistant City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 RECEIVED JUN 1 12007 ATTORNEY'S RE: AGREEMENT FOR PROSECUTION SERVICES BY THE DISTRICT ATTORNEY OF ORANGE COUNTY To Whom It May Concern: JIM TANITAKI SENIORASSISTANT D.A VERTICAL PROSECUTIONS, VIOLENT CRIMES WILLIAM FECCIA SENIOR ASSISTANT D.A. SPECIAL PROJECTS MANY ANNE MCCAULEY SENIOR ASSISTANT O.A. BRANCH COURT OPERATIONS JOSEPH WAGOSTINO SENIORASSISTANTD.A GENERAL FELONIES/ ECONOMIC CRIMES DONALD BLANKENSHIP CHIEF BUREAU OF INVESTIGATION LISA BOHAN . JOHNSTON DIRECTOR ADMINISTRATIVE SERVICES Paragraph 7d of subject agreement states that rates for this service will be reviewed annually by the County's Auditor - Controller. This review was completed and resulted in new rates, which will become effective July 1, 2007. The rate changes are summarized below: OLD RATE NEW RATE (Eff.07101106) (Eff.07 /01/071 Referral (Paragraph 7a) $138.00 $202.00 Additional Prosecution (Paragraph 7b) $138.00 $202.00 Special Costs (Attorney III) (Paragraph 7c) $119.00/hr. $126.001hr. Special Costs ( Clerical) (Paragraph 7c) $75.00/hr. $ 76.00/hr. Please attach a copy of this letter to your original agreement for reference. If you have any questions, please contact Sahar Mattaous of my staff at (714) 347 -8433. Sincerely,% &k6" Kim Dinh Manager, Financial Services KD /sm PLY TO: ORANGE COUNTY DISTRICTATTORNEYS OFFICE WEB PAGE: www.mo goY,dn NAN OFFICE ❑ NDRTHOFFlCE ❑ WELTOFTICE ❑ SOUR(OFTICE ❑ ltOR00ROFFlCE ❑ JWENILEOFPICE ❑ CENIRPLCFTICE CMCCEM mw 199NBERNELYAVE lf1113TMSTREET ID119CROWNVAUJ[W N . KM JN.IBCRFE BLW 991 CRYDRNESOIRH TWCMCCENIERDR.w .BOXL99 FIAIFAM!., INWJ WE9TMN81ER, CAMS LAGU WAVL,CA9Z6T! NEwP0RT9E0CNCA9 Df W.CA93999 PO.BD %NM RAANACAWM (714) T,bMN (714) 990.1291 (919) 2WSM (9I9)1�H (714) B9S18N BMITAANACA92M1 f 41d 1 • i a 1 AGREEMENT FOR PROSECUTION S IL - * :. - 2 3 THIS AGREEMENT, made and entered into by and between the COUNTI- ,,tj , H �k IIA, 4 a political subdivision of the State of California and a body politic and cor,),.6tt tli< na cd as 5 "COUNTY ", and the CITY OF NEWPORT BEACH 6 a municipal corporation, located in the County of Orange (hereinafter designated as "CITY "). 7 WITNESSETH 8 In consideration of the terms, covenants, conditions, and promises to be kept, performed and 9 observed by the parties hereto, it is agreed as follows: 10 1. COUNTY, through its District Attorney and deputies, officers and employees of his 11 department, shall render to CITY such services as may be required to prosecute violation of CITY's 12 ordinances in the courts. 13 2. For the purpose of performing said functions, COUNTY shall provide all manpower and 14 supervision necessary to maintain the services to be rendered hereunder. 15 3. The final authority for rendition of services, standards of performance, and other matters 16 incident to the performance of such services and the control of COUNTY personnel shall remain in 17 COUNTY. The District Attorney shall have the sole and exclusive authority to determine whether a 18 criminal complaint shall be filed and determining the conduct of legal proceedings with respect to any 19 suspected violations of the CITY criminal ordinances and with respect to any additional prosecutions 20 handled by the District Attorney for CITY. 21 4. CITY shall not be called upon to assume any liability for the direct payment of any salaries, 22 wages or other compensation to any COUNTY personnel performing services hereunder or any liability 23 other than that provided for by this Agreement. Except as herein otherwise specified, CITY shall not be 24 liable for compensation or indemnity to any COUNTY employee for any injury or sickness arising out of 25 his employment. 26 5. COUNTY, its officers, agents and employees shall not be deemed to have assumed any 27 liability for the negligence of CITY or any of its officers or employees; and CITY shall hold COUNTY, its 28 officers and employees harmless from any and all claims for damages resulting therefrom. 1 6. Both CITY and COUNTY shall hold each other harmless from liability for acts or omissions 2 of the other. 3 7. (a) Referrals for Complaints. CITY may refer suspected violations of its criminal 4 ordinances to the District Attorney for a determination as to whether a criminal complaint should be filed. 5 CITY agrees to pay COUNTY the sum of ninety -nine dollars ($99.00) for each referral, without regard to 6 the issuance of a complaint. As used herein, a "referral" means an occurrence constituting an alleged 7 violation of one or more CITY ordinances by one person. CITY will provide investigation, reports, copies 8 of its ordinances, and additional evidence as requested by the District Attorney. In cases where prosecution 9 is authorized by the District Attorney, he will draft and prepare the complaint. When "not guilty" pleas are 10 entered on such complaints, the District Attorney will prosecute such cases through trial without further 11 charge, except as provided in Paragraph 7(c) herein. 12 (b). Additional Prosecution. The District Attorney will prosecute CITY citations for 13 animal control violations with no charge to CITY. Trials on other CITY citations and trials on CITY 14 complaints not issued pursuant to Paragraph 7(a) above will not be tried by the District Attorney without 15 the consent of his deputy -in- charge of the branch office serving the judicial district in which CITY is 16 located. The District Attorney has the right to determine that special ordinances of exclusively local 17 concern should be prosecuted by the city attorney. Except as provided in Paragraph 7 (c) below, CITY 18 agrees to pay COUNTY ninety -nine dollars ($99.00) for each prosecution of a CITY citation (other than 19 animal control violations) and each prosecution of a CITY complaint not issued pursuant to Paragraph 7(a). 20 As used herein, "prosecution" means the District Attorney's appearance in Court after witnesses are 21 subpoenaed on the first setting for one Defendant's trial. Where CITY asks the District Attorney to request 22 dismissal before subpoenas have been issued, no charge will be made. As prosecutor, the District Attorney 23 has the right to control the disposition of all complaints, trials, and appeals herein described in accordance 24 with the duties of his office. CITY will provide investigation, reports, citations, copies of its ordinances, 25 and additional evidence necessary for trial as requested by the District Attorney. 26 (c) Special Costs. CITY may request the District Attorney to file, answer, and litigate 27 appeals of convictions of violations of CITY's ordinances. CITY agrees to pay to COUNTY for such 28 services on appeals the sum of eighty -six dollars ($86.00) per hour of attorney time and fifty -two dollars 29 ($52.00) per hour of clerk typist's or stenographer's time. In addition to charges described in paragraphs I 7(a) and 7(b) herein, CITY agrees to pay COUNTY for all time, including preparation spent m 2 prosecutions in excess of one day, at the rate specified in this paragraph. 3 (d). The above rates shall be reviewed annually by COUNTY's Auditor - Controller and, 4 if it is determined that a change in the rate is necessary to reflect change in costs to COUNTY, COUNTY 5 shall notify CITY of such change prior June 30'', and the change shall become effective the following 6 July 151. 7 8. Within ten (10) days following the end of each calendar quarter, COUNTY shall render to 8 CITY a statement of the cost of services performed under this Agreement, and CITY shall pay COUNTY 9 therefore within twenty (20) days after receipt of such statement. Such statement shall consist of the 10 number of referrals for complaints, additional prosecution, and itemized special costs. If such payment is I 1 not received by COUNTY within thirty (30) days after rendition of billing, COUNTY may satisfy such 12 indebtedness from any funds of CITY on deposit with COUNTY without giving further notice to CITY of 13 COUNTY's intention to do so. 14 9. Upon execution of this Agreement, CITY shall provide two (2) copies of its municipal 15 ordinances to the District Attorney. CITY will further provide the District Attorney with complete details 16 on any additions, deletions, or corrections to the municipal ordinances that may occur during the term of 17 this Agreement. 18 10. This Agreement shall continue in full force and effect for a five year period, commencing 19 Julv 1 2003 and terminating on June 30, 2008 20 provided that either party may terminate upon thirty (30) days' written notice. Termination of this 21 agreement shall not affect the duties of the parties that extend beyond the term. 22 23 /I 24 // 25 // 26 11/ 27 // 28 /I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 2003 SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF BOARD •'DARLENE J. BLOOM Clerk of the Board of Superviso Of Orange County, California PROVX41AS TO FORM: John H. Abbott, Senior Deputy < -, %0• C , 2003 Dated: Q/ K-, 2003 ATTEST: City Clerk "COUNTY" COUNTY OF ORANGE, a political subdivision of the State �f California By P f i.�r/rtJ Chairman of the Board of Supervisors "CITY" CITY OF NEWPORT BEACH a mun'cipal corpora By 1wayur August 11, 2003 OFFICE *IE DISTRICT ATTORNEY ORANGE COUNTY, CALIFORNIA TONY RACKAUCKAS, DISTRICT ATTORNEY CITY OF NEWPORT BEACH Attn: Debbie Alcaraz, Administrative Assistant 3300 Newport Blvd. Newport Beach, CA 92663 Dear Ms. Alcaraz: s ; I I � Vr, 14 2003 CHARLES MIDDLETON CHIEF ASSISTANT DA. BRYAN BROVIN SENIOR ASSISTANT D.A. FELONY OPERATIONS 1 'NILLIAM PEOCIA SENIOR ASSISTANT D.A. FELONY OPERATIONS 2 JIM TANIZANI SENIOR ASSISTANT D.A MISDEMEANOR OPERATIONS DONALD BLANKENSHIP CHIEF BUREAU OF INVESTIGATION LRA BOHAN- JOHNSTON DIRECTOR ADMINISTRATIVE SERVICES Enclosed please find the original of the Agreement for Prosecution Services executed by the Board of Supervisors and Chairman of the Board of Supervisors. If you have any questions, please feel free to contact me at (714) 347 -8626 Sincerely, Mailinh Nguyen D.A. Administration kd /mn Enclosures REPLY TO: ORANGE COUNTY DISTRICT ATTORNEYS OFFICE WEB PAGE: BNO.hyvw 9c cn LwvSlp( ED MAINOFFICE ❑ NONTHOFFICE ❑ WEST OFFICE ❑ SOUTNOFFICE ❑ HARBORCGFICE ❑ JUVENILEOFFE:E ❑ CENTRAL OFFICE J0I CMC CENTER DR W 1275NBERKELYAVE. 8141 13 °STREET 3D163CROWNVALLEYPXWY. 4601 JAMBOREE BLVD MICITYDRNESOUTH 700CRIX CENTER DR.W F.O. BOX BEE FULLERTON.CA92031 WESTMINSTER.OAW603 LAGUNA NIGUEL. CA 926n NEWPORT BEACH. CA 92003 ORANGB,CA92688 PA.BOX606 BANTA ANA, CA 92701 (7141773.4480 p1a1896tt61 (BJ9)2a &5026 (90117"050 (7141 90 &7624 SANTAANA,CA92701 (71.)63a.MOD (71410343600 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 11 (June 10, 2003) TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Office of the City Attorney Robin L. Clauson, Assistant City Attorney, (949) 644 -3131, rclauson(cDcity. newport- beach.ca. us SUBJECT: Orange County District Attorney's Office Agreement ISSUE: i JU= tOJ3 Agreement with the Orange County District Attorney's Office for criminal prosecution of City Municipal Code. RECOMMENDATION: Approve 5 year Agreement DISCUSSION: The City has a contract with the Orange County District Attorney's Office to prosecute violations of the City's ordinances. The current five -year contract expires on June 30, 2003. The attached agreement would authorize the County to provide prosecution services for the City for another five -year period beginning on July 1, 2003 and terminating on June 30, 2008. The new agreement is virtually identical to the old one. Specifically, under the agreement, the City may refer suspected violations of its ordinances to the District Attorney's Office for a determination as to whether a criminal complaint should be filed. The City agrees to pay the County $99 for each prosecution of a City citation and for each referral, whether or not a complaint is actually issued. When "not guilty" pleas are entered on such complaints, the District Attorney will prosecute such cases through trial without further charge. The District Attorney will prosecute City citations for animal control violations at no charge. This new agreement, like the previous one, also provides that the rates for services will be reviewed annually by the County's Auditor- Controller to determine if a change is necessary to reflect a change in the cost to the County. Orange County District Attorney's Office Agreement June 10, 2003 Page 2 Under the previous agreement between the City and the District Attorney's Office, entered into on July 1, 1998, the fee charged to handle `referrals" as well as to prosecute citations (other than animal control citations) was $73. The County raised these rates in 1999 and 2001 to $78 and $99, respectively. Thus, the $99 rate included in the attached agreement actually does not reflect an increase over the rates the City has been paying for these services during the past two years. The new agreement also provides that the City will pay the County $86 per hour of attorney time to handle appeals of convictions, and $52 per hour for clerk -typist time. Like the fees charged by the County for referrals and citation prosecutions, the County is not increasing its fees for handling appeals over what the City is currently paying. Environmental Review: No environmental review is necessary. Public Notice: NIA Funding Availability: Payment is provided in the City Attorney 8080 budget. In the last year the City was invoiced $ 8,019 for District Attorney Services. Prepared by: SIGNAT Robin Clauson, Assistant City Attorney Attachments: Agreement for Prosecution Services F:lusers\ catl sharedlda\CCstaflReports\DAagtdoc Y 2 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • THIS AGREEMENT, made and entered into by and between the COUNTY OF ORANGE, CALIFORNIA, a political subdivision of the State of California and 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 "). In consideration of the terms, covenants, conditions, and promises to be kept, performed and observed by the parties hereto, it is agreed as follows: 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 courts. 2. For the purpose of performing said functions, COUNTY shall provide all manpower and supervision necessary to maintain the services to be rendered hereunder. 3. The final authority for rendition of services, standards of performance, and other matters incident to the performance of such services and the control of COUNTY personnel shall remain in COUNTY. The District Attorney shall have the sole and exclusive authority to determine whether a criminal complaint shall be filed and determining the conduct of legal proceedings with respect to any suspected violations of the CITY criminal ordinances and with respect to any additional prosecutions handled by the District Attorney for CITY. 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 employment. 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 COUNTY, its officers and employees harmless from any and all claims for damages resulting therefrom. • 0 6. Both CITY and COUNTY shall hold each other harmless from liability for acts or omissions 2 of the other. 3 7. 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 (a) 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 ninety -nine dollars ($99.00) 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 7(c) herein. (b). Additional Prosecution. The District Attorney will prosecute CITY citations for animal control violations with no charge to CITY. Trials on other CITY citations and trials on CITY complaints not issued pursuant to Paragraph 7(a) above 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. Except as provided in Paragraph 7 (c) below, CITY agrees to pay COUNTY ninety -nine dollars ($99.00) for each prosecution of a CITY citation (other than animal control violations) and each prosecution of a CITY complaint not issued pursuant to Paragraph 7(a). As used herein, "prosecution" means the District Attorney's appearance in Court after witnesses are subpoenaed on the first setting for one Defendant's trial. Where 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 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. (c) Special Costs. CITY may request the District Attorney to file, answer, and litigate appeals of convictions of violations of CITY's ordinances. CITY agrees to pay to COUNTY for such services on appeals the sum of eighty -six dollars ($86.00) per hour of attorney time and fifty -two dollars ($52.00) per hour of clerk typist's or stenographer's time. In addition to charges described in paragraphs 2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7(a) and 7(b) 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. (d). The above rates shall be reviewed annually by COUNTY's Auditor - Controller and, if 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 June 30`h, and the change shall become effective the following July 151. 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 Agreement, and CITY shall pay COUNTY therefore within twenty (20) days after receipt of such statement. Such statement shall consist of the number of referrals for complaints, additional prosecution, and itemized special costs. If such payment is not received by COUNTY within thirty (30) days after rendition of billing, COUNTY may satisfy such indebtedness from any funds of CITY on deposit with COUNTY without giving further notice to CITY of COUNTY's intention to do so. 9. Upon execution of this Agreement, CITY shall provide two (2) copies of its municipal ordinances to the District Attorney. CITY will further provide the District Attorney with complete details on any additions, deletions, or corrections to the municipal ordinances that may occur during the term of this Agreement. 10. This Agreement shall continue in full force and effect for a five year period, commencing July 1, 2003 and terminating on June 30, 2008 provided that either party may terminate upon thirty (30) days' written notice. Termination of this agreement shall not affect the duties of the parties that extend beyond the term. // // 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 0 • .a 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: 2003 SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF BOARD DARLENE J. BLOOM Clerk of the Board of Supervisors Of Orange County, California PROV,&D,AS TO FORM: Dated: John H. Abbott, Senior Deputy S Of • 3 2003 23 ATTEST: 24 25 26 By 27 City Clerk 28 2003 4 "COUNTY" COUNTY OF ORANGE, a political subdivision of the State of California Chairman of the Board of Supervisors "CITY" CITY OF NEWPORT BEACH a municipal corporation Mayor G' l 3 4 5 6 7 8 9 to Il 12 13 14 15 16 17 18 19 20 21 217 23 24 25 26 27 28 AGREEMENT FOR PROSECUTION SERVICES THIS AGREEMENT, made and entered into by and between the COUNTY OR ORANGE. a boo 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: 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 employment. 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 COUNTY. it officers and employees harmless from any and all claims for damages resulting therefrom. 6. Both CITY and COUNTY shall hold each other harmless from liability for acts or omissio . of the other. 7. (a) Referrals for Complaim. 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 I G 13L512.99 I- 4 0 l0 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 • CITY agrees to pay COUNTY the sum of seventy -three dollars (573.00) for each referral. «ithout regar 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. cop of its ordinances, and additional evidence as requested by the District Attorney. In cases where prosecu is authorized by the District Attorney. he will draft and prepare the complaint. When "not guilty" pleas entered on such complaints, the District Attorney will prosecute such cases through trial without further charge, except as provided in Paragraph 7(c) herein. (b) Additional Prosecution. The District Attorney will prosecute CITY citations for parking and animal control violations with no charge to CITY. Trials on other CITY citations and trials CITY complaints not issued pursuant to Paragraph 7(a) above 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 CI is located. The District Attorney has the right to determine that special ordinances of exclusively local concern should be prosecuted by the city attorney: Except as provided in Paragraph 7(c) below, CITY agrees to pay COUNTY seventy -three dollars (S73.00) for each prosecution of a CITY citation (other th parking and animal control violations) and each prosecution of a CITY complaint not issued pursuant to Paragraph 7(a). As used herein, "prosecution" means the District Attorney's appearance in Court after witnesses are subpoenaed on the first setting for one Defendant's trial. Where CITY asks the District Attorney to request dismissal before subpoenas have been issued, no charge will be made. As prosecutc the District Attomey has the right to control the disposition of all 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. (c) SS2Mial Costs. CITY may request the District Attorney to file. answer, and litigate appeals of convictions of violations of CITY's ordinances. CITY agrees to pay to COUNTY for such services on appeals the sum of sixty -five dollars ($65.00) per hour of attorney time and thirty-three doll. (533.00) per hour of clerk typist's or stenographer's time. In addition to charges described in paragrapt G SM2.9t1 2- 3 3 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 • 7(a) and 7(b) herein. CITY agrees to pay COUNTY for all time, including prepatatton spent in ) rosecutions in excess of one day. at the rate specified in this paragraph. (d) The above rates shall be reviewed annually by COUNTY's Auditor - Controller ar f it is determined that a change in the rate is necessary to reflect change in costs to COUNTY. COUNT shall notify CITY of such change prior to June 30th. and the change shall become effective the followin iuly I St. 8. Within ten (10) days following the end of each calendar quarter. COUNTY shall render 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 nun of referrals for complaints. additional prosecutions. and itemized special costs. if such payment is not received by COUNTY within thirty (30) days after rendition of billing, COUNTY may satisfy such indebtedness from any funds of CITY on deposit with COUNTY without giving further notice to CITY COUNTY's intention to do so. 9. Upon execution of this Agreement, CITY shall provide two (2) copies of its municipal ordinances to the District Attorney. CITY will ftu*er provide the District Attorney with complete detat on any additions, deletions, or corrections to the municipal ordinances that may occur during the term 01 this Agreement. 10. This Agreement shall continue in full force and effect for a five year period. commencin, JULY 01 '1998 and terminating on JUNE 30 2003 . provided that either party may terminate upon thirty (30) days' written notice. Termination this agreement shall not affect the duties of the parties that extend beyond the term. I // I // II // Il !I G 9 S%a 99 3- 1 3 4 5 6 8 9 10 12 1' 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9 0 N WITNESS WHEREOF. COUNTY has caused this Agreement to be executed by the Chairm, of its Board of Supervisors and attested by the Clerk of said Board, and CITY has caused this Agreeme: be executed by its Mayor and attested by the City Clerk on the dates set opposite their respective signatures. `� Dated: /O (0 19 �cf SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRIvtAN OF BOARD Clerk of the Board of Supervisors Of Orange County, California APPROVED AS TO FORM: LAURENCE M. WATSON, COUNTY COUNSEL Barbara L. Stocker, eputy Dated: 1998 Dated: ")—o , 1998 ATTEST: City Clerk G. etsu.es :2 COUNTY OF ORANGE. a political subdivision o e Sta of Califomia By T Chairman of its Board of Supervisors "COUNTY" CITY OF NEWPORT BEACH rm co r on By ay °CITY' APP D AS TO FORM: City Attorney MAURICE L. EVANS CHIEF ASSISTANT JOHN D CONLEY DIRECTOR MAJOR OFFENSES JAN J. NOLAN DIRECTOR SUPERIOR COURT BRENTF. ROMNEY DIRECTOR MUNICIPAL COURT WALLACE J. WADE DIRECTOR SPECIAL OPERATIONS LOREN W DYCHESNE C, F I BUREAU OF INVES'IGA- 0% PLEASE REPLY TO CENTRAL OFFICE 700 CIVIC CENTER OR W P 0 BOx EDE SANTA ANA CA 92701 1711, 034 3600 NORTH OFFICE 1275N BERKELEY AVE FULLERTON CA 92631 1714) 773 44SD WEST OFFICE 6141 13TH STREET WESTMINSTER CA 92663 17141 996 7261 SOUTH OFFICE 30143 CROWN VALLEY PKWY LAGUNA NIGUEL. CA 92677 1714) 249 5026 HARBOR OFFICE 4601 JAMBOREE BLVD NEWPOR' BEACH CA 9?560 714; 476 4650 JUVENILE OFFICE 341 CITY DRIVE SOUTH ORANGE CA 92666 171 AI 9357624 MAJOR FRAUD CONSUMER PROTECTION 405W STH STREET SUITE 606 SANTA ANA CA 92701 7141 566 1200 OFFICE &THE A N DISTRICT ATTORlNE) T)d ORANGE COUNTY, CALIFORNIA P 1 (" C� MICHAEL R. CAPIZZI, DISTRICT ATTORNEY October 1, 1993 City of Newport Beach Attn: City Attorney 3300 Newport Blvd. Newport Beach, Ca 92660 Ladies and Gentlemen: Please find enclosed three copies of the authorizing the District Attorney's Office to violations of your city's ordinances. OiT ,- 5 1 r � r "J'� �� confracf prosecute Pursuant to Government Code Section 51302, the agreement period may not extend beyond five years without express approval of both parties. We have therfore revised the contract. Please have two copies signed by the Mayor and City Clerk and return them to me for processing through the Board of Supervisors. If you have any questions, please feel free to contact me at (714) 834 -3851. Sincerely, Kim Dinh Staff Analyst III bfr /nl Enclosures BOARD OF SOPERV SORRS ORANGE COMITY, CALIFORNIA MINUTES February 1, 1994 for the prosecution of violators of city ordinances. MOTION: On motion by Supervisor Vasquez, seconded by Supervisor Stanton, the Board authorized execution of said Agreements with the Cities of Brea, Buena Park, Costa Mesa, Cypress, Dana Point, Fountain Valley, La Habra, La Palma, Laguna Beach, Laguna Niguel, Lake Forest, Los Alamitos, Mission Viejo, Newport Beach, San Clemente, Seal Beach, Stanton, Tustin, Villa Park, Westminster, and Yorba Linda. MOTION UNANIMOUSLY CARRIED. NOY 22 :J9 { ff7Y C:ier: i 'I 3� 4 5I 6 7 8I 9 10 11 12 13 14i Jy W a=; 15 �o W�U " 16y W • r Y 4 O=ff 0u 17 U 18 I 19! 20 1 21 22 23 24 C 25 r 26 N N O 27 LL ® 28 AGREEMENT FOR PROSECUTION SRRVI_ES 7? 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 "). 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 i.ncident 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 employment. BLS.2 \25 1. I 2 3 4 5 6 7 8, 9 10 11 12 13 14 W> Wr oZ; 15 �o Why W 16 LL•y O = � 00 17 V is 19 20 21 22 23 24 25 M 26 N N 27 l- 1J 0 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 COUNTY, its officers -and employees harmless from any and all claims for damages resulting therefrom. 6. Both CITY and COUNTY shall hold each other harmless from liability for acts or omissions of the other. 7. (a) Referrals for -ompl in a. 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 seventy -one dollars ($71.00) 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 7(0) herein. (b) AdditinnAl.P„romaGUtim. The District Attorney will prosecute CITY citations for parking and animal control violations with no charge to CITY. Trials on other CITY citations and trials on CITY complaints not issued pursuant to. Paragraph 7(a) above 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 BLS.2 \25 2. 1' 2 3 4 5 6� I 7' S 9 101 I1 12 0 14 W� 15 W00 V V W 16 oc 17 W is 19' En 21 22 23 24 25 N ° 26 N LL 27 IFIV • 0 District Attorney has the right to determine that special ordinances of exclusively local concern should be prosecuted by the city attorney. Except as provided in Paragraph 7(c) below, CITY agrees to pay COUNTY seventy -one dollars ($71.00) for each prosecution of a CITY citation (other than parking and animal control violations) and each prosecution of a CITY complaint not issued pursuant to Paragraph 7(a). As used herein, "prosecution" means the District Attorney's.appearance in Court after witnesses are subpoenaed on the first setting for one Defendant's trial. Where 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 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 parYi.r_g ordinances. (c) spec ial os a, CITY may request the District Attorney to file, answer, and litigate appeals of convictions of violations of CITY's ordinances. CITY agrees to pay to COUNTY for such services on appeals the sum of sixty -three dollars ($63.00) per hour of attorney time and thirty dollars ($30.00) per hour of clerk typist's or stenographer's time. In addition to charges described in paragraphs 7(a) and 7(b) herein, CITY agrees to pay COUNTY for all time, including preparation spent in BLS.2 \25 3. I prosecutions in excess of one day, at the rate specified in this 2 paragraph. 3 (d) The above rates shall be reviewed annually by 41 COUNTY's Auditor - Controller and, if it is determined that a 51 change in the rate is necessary to reflect change in costs to 6 COUNTY, COUNTY shall notify CITY of such change prior to June 7 30th, and the change shall become effective the following July 8 1st. 9 8. Within ten (10) days fallowing the end of each calendar 10 quarter, COUNTY shall render to CITY a statement of the cost of 11 services performed under this contract, and CITY shall pay COUNTY 12 therefor within twenty (20) days after receipt of such statement. 13 Such statement shall consist of the number of referrals for 14 complaints, additional prosecutions, and itemized special costs. Wf 15 If such payment is not received by COUNTY within thirty (30) days W�u µF; 16 after rendition of billing, COUNTY may satisfy such indebtedness o=: a0 17 from any funds of CITY on deposit with COUNTY without giving 18 further notice to CITY of COUNTY's intention to do so. 19 9. Upon execution of this Agreement, CITY shall provide two 20 (2) copies of its municipal ordinr- cei! to the District Attorney. 21 CITY will further provide the District Attorney with _complete 22 details on any additions, deletions, or corrections to-the 23 municipal ordinances that may occur during the term of this 24 Agreement. iz 23 10. This Agreement shall continue in full force and effect N 2 26 for a five year period, commencing July 1 , N 27 19 93 . and terminating on June 30 19 98 , provided ® 28 that either party may terminate upon thirty (30) days' written BLS.2 \25 4. 1 2 3 4 5 6 7 8 9 l0 11 12 13 14 J r df off; 15 WQO >W 16 i. F O O = i o; 17 18 19 20 21 22 23 24 25 26 N N O 27 ® 28 0 notice. Termination of this agreement shall not affect the duties of the parties that extend beyond the term. 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: 19I. COUNT!im a polit al sub - divista lifornia SIGNED AND CERTIFIED THAT A' A COPY OF THIS DOCUMENT HAS By BEEN DELIVERED TO THE Chairman o is BoaWof Sulfervisor s A IRMAN OF J� HE ARD &, fr/i/ "COUNTY" PHYLLIS A. HENDERSON Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM: TERRY C. ANDRUS, COUNTY COUNSEL By Barbara L. Stocker,, Deputy Dated• , 1993 Dated: /lo , ATTEST: BLS.2 \25 i FROM: f X9 TO: 2� MAYOR OUNCIL WC.; El CITY MANAGER E ❑ DEPUTY CITY MGR ❑ GENERAL SERVICES D ATTORNEY ❑ LIBRARY ❑ BI UDING Q MARINE air ,g[ CITY CLERK [-1 PARKS & REC, C] FINANCE - ADMIN. PERSONNEL [] ACCOUNTING 0 PLANNING E:l DATA PROCESSING POLICE 0 DUPLICATING 13 PUBLIC WORKS E3 PAYROLL CJ TRAFFIC [:1 PURCHASING CJ UTILITIES C] REVENUE 0 TELECOMM. FOR- 0 ACTION & DISPOSITION C FILE ❑ INFORMATION REVIEW & COMMENT C RETURN ( far �titGQ REMAW: PL .ku Q"j 1C7lm a FROM: f X9 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 7 - T0: >?INANCE DIRECTOR x-,93 FROM: CITY CLERK DATE: July 6, 1993 SUBJECT: Contract No. C -2031 Description of Contract Agreement for Prosecution Services Effective date of Contract July 10, 1993 Authorized by Minute Action, approved on May "24, 1993 Contract with Office of the District Attorney Address P.O. Box 808 Santa Ana, CA 92701 Amount of Contract (See Agreement) " , Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach • • AGENDA ITEM e 17 00.1 CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY May 14, 1993 TO: Mayor and Members of the City Council FROM: Robin Flory OF NEWPORT L.1iN MAY 2 41993 I RE: Contract with Orange County District AttorrAM Enclosed is a contract for prosecution services from the Orange County District Attorney's Office. The contract allows the District Attorney to criminally prosecute for violations of the City's ordinances. This is a continuation of an on -going contractual relationship with the District Attorney's Office. The District Attorney charges the City a very reasonable sum for criminal enforcement of certain city ordinances. ($66.00 per referral) In order to avoid annual approvals of this contract, the enclosed contract provides for a continuing in definite term commencing on July 10, 1993, with a provision for 30 days advance notice to terminate the agreement by either party. This office recommends the Council approve the enclosed contract and authorize the Mayor to sign on behalf of the City. RF:wb ' MAURICE L. EVANS CHIEF ASSISTANT JOHN D. CONLEY DIRECTOR MAJOR OFFENSES JAN J. NOLAN DIRECTOR SUPERIOR COURT BRENT F. ROMNEY DIRECTOR MUNICIPAL COURT WALLACE J. WADE DIRECTOR SPECIAL OPERATIONS LOREN W. DuCHESNE CHIEF BUREAU OF INVESTIGATION PLEASE REPLY TO ❑ CENTRAL OFFICE 700 CIVIC CENTER DR. W. P.O. BOX 606 SANTA ANA, CA 92701 (714) 634 -3600 ❑ NORTH OFFICE 1275 N. BERKELEY AVE. FULLERTON, CA 92631 (714) 7734480 ❑ WEST OFFICE 8141 13TH STREET WESTMINSTER. CA 92683 (714) 696 -7261 Agenda Item on-2 OFFICE *THE 0 #17 DISTRICT ATTORNEY ORANGE COUNTY, CALIFORNIA MICHAEL R. CAPIZZI, DISTRICT ATTORNEY May 4, 1993 City of Newport Beach Attn: City Attorney 3300 Newport Blvd. Newport Beach, CA 92660 Dear Sir: RECEIVED MAY 0 6 1993 C;!' � OF NEWPORT BEACH If you wish to renew the enclosed contract, please have two copies signed by the Mayor and return them to me for processing through the Board of Supervisors. An indefinite agreement period would assist in reducing paperwork without unduly restricting either party because of the 30 day termination clause which we both can exercise. If you have any questions, please call me at 834 -3851. Sincerely, I ^^ O ) Y I � Kim Dinh Staff Analyst III ❑ SOUTH OFFICE 30143 CROWN VALLEY PKWY. LAGUNA NIGUEL, CA 92677 KD : sw (714) 249 -5026 ❑ HARBOR OFFICE 4601 JAMBOREE BLVD. NEWPORT BEACH. CA 92660 (714) 4764650 ❑ JUVENILE OFFICE 341 CITY DRIVE SOUTH ORANGE, CA 92668 (714) 935 -7624 ❑ MAJOR FRAUD CONSUMER PROTECTION 405 W 5TH STREET SUITE 606 SANTA ANA. CA 92701 (714) 566 -1200 Enclosures 1 1, 2' 3` 4� 5 6 7 8 9 10 12 I 13 14 P WF p�o 15 Why W 16 4 ' u ' b z Oi ° ¢ U 0 17 18 19 20 21 22 23 24 25 N 26 N N e 27 LL : C -i63I AGREEMENT FOR PROSECUTION SERVICES r)o,R 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 "). W I T N E S S E T H: 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. rbr 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 employment. E ]02/47 6/22/92 1. 1) 2 3I1 4ii R Am 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 COUNTY, its officers] and employees harmless from any and all claims for damages resulting d therefrom. 6j i 7� 8� 9I 10 11 121. 13 14 i W � 0 0 15 WyU V 4 v 16 z oZ. °C 17 V ° 18 19 20 21 22 23 24 25 26 N N O 27 LL L 6. Both CITY and COUNTY shall hold each other harmless from liability for acts or omissions of the other. 7. (a) 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 sixty -six dollars ($66.00) 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 addi- tional 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 7(c) herein. (b) Additional 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 7(a) 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 E102/47 6/22/92 IIyr ccr �c 2. r 1 2 3 4i 5I 6 r 8 9 10 11 12 13 14 J. 0 za 15 o° w � VV 16 D _ 4 V LL 0M Vo 17 18 19 20 21 22 23 24 25 2 26 ry 27 0 LL �� • • np.10 , 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 sixty -six dollars ($66.00) for each such prosecution except as provided in Paragraph 7(c) herein. As used herein, "prosecution" means the District Attorney's appearance in Court after witnesses are subpoenaed on the first setting for 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 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. (c) 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 fifty -nine dollars ($59.00) per hour of attorney time and twenty -nine dollars ($29.00) per hour of clerk typist's or stenographer's time. In addition to charges described in paragraphs 7(a) and 7(b) 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. (d) The above rates shall be reviewed annually by COUNTY's Auditor - Controller and, if it is determined that a change in the rate E102/47 6/22/92 3. • � oa.il i is necessary to reflect change in costs to COUNTY, COUNTY shall notify , CITY of such change prior to June 30th, and the change shall become 2 effective the following July 1st. 3 4j 8. Within ten (10) days following the end of each calendar quarter, COUNTY shall render to CITY a statement of the cost of 5I 6 services performed under this contract, and CITY shall pay COUNTY therefor within twenty (20) days after receipt of such statement. 7 Such statement shall consist of the number of referrals for 8 complaints, additional prosecutions, and itemized special costs. If 9 such payment is not received by COUNTY within thirty (30) days after 10l rendition of billing, COUNTY may satisfy such indebtedness from any 11 12� funds of CITY on deposit with COUNTY without giving further notice to CITY of COUNTY's intention to do so. 13i 14 9. Upon execution of this Agreement, CITY shall provide two (2) copies of its municipal ordinances to the District Attorney. CITY 03 15 ,U° " will further provide the District Attorney with complete details on ° 16Y °00 any additions, deletions, or corrections to the municipal ordinances 17 that may occur during the term of this Agreement. 18 10. This Agreement shall continue in full force and effect for 19 20 an indefinite term, commencing _ July 10 , 1993 , provided that either party may terminate upon thirty (30) days' 21 written notice. 22 23 24 25 2 N 26 N O 27 LL ® 28 E102/47 4, 6/22/92 1 2 3 4I 5 6 7 B 9 10 11 12 13 14 J. W �- o;> 15 00 W V VV W 16 4 ' OZ oZ� °¢ .o 17 18 19 20 21 22 23 24 25 N 26 N N _P O 27 .: , is • nn. 12 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: JWYA, 152, , 1993 COUNTY OF ORANGE, a political sub - divi St o rnia SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS By BEEN DELIVERED TO THE NCEChairman of its oa Supervisors CHAIRMAN OF THE BOARD 4&.— d GL2ttpCP.l.ad*� AtffktODWXffdW PHYLLIS A. HENDERSON ClerW of the Board of Supervisors of Orange County, California APPROVED AS TO FORM: TERRY C. ANDRUS, COUNTY COUNSEL By Iry e Black, Dep-Vity Dated: � 1992 3 Dated: 5-c:2 o6 199, ATTEST: By City Clerk E102/47 6/22/92 "COUNTY" t . AS O RM: Ua , 'i:;;Fi coy -k. 5. ! i I { May 28, 1993 Kim Dinh Staff Analyst Office of the P.O. Box 808 Santa Ana, CA Dear Ms. Dinh: 9 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 (714) 644 -3005 III District Attorney 92701 Enclosed are two copies of Agreement for Prosecution Services, which was approved by the City Council of Newport Beach on May 24, 1993. Following execution by the Board of Supervisors, please return one copy to this office for our files. Sincerely, Wanda E. Raggi� City Clerk WER:pm Enclosures 3300 Newport Boulevard, Newport Beach 4 H MAURICE L. EVANS CHIEF ASSISTANT JOHN D. CONLEY DIRECTOR MAJOR OFFENSES JAN J. NOLAN DIRECTOR SUPERIOR COURT BREW F. ROMNEY DIRECTOR MUNICIPAL COURT WALLACE J. WADE DIRECTOR SPECIAL OPERATIONS LOREN W. DUCHEENE CHIEF BUREAU OF NIVESTIGATION PLEASE REPLY TO. ❑ CENTRAL OFFICE 700 CIVIC CENTER DR. W. P.O. BOI SOB SANTA ANA, CA 98701 (714) 69L3600 O NORTH OFFICE 1276 N. BERKELEY AVE. FULLERTON. CA 92881 (714) 779-490 O WEST OFFICE 6141 19TH STREET WESTMINSTER. CA 926&9 (714) 69&7261 ❑ SOUTH OFFICE 80149 DROWN VALLEY PKWY. LAGUNA NIGUEL, CA 92677 (714) 2495026 O HARBOR OFFICE 4601 JAMBOREE BLVD. NEWPORT BEACH, CA 92680 (714) 4704OW ❑ JUVENILE OFFICE 341 CITY DRIVE SOUTH ORANGE. CA 92868 (714) 9357624 ❑ MAJOR FRAUD CONSUMER PROTECTION 406 W. 8TH STREET SUITE 606 SANTA ANA, CA 92701 (714)6881200 OFFICE. THE • DISTRICT ATTORNEY ORANGE COUNTY, CALIFORNIA MICHAEL R. CAPIZZ4 DISTRICT ATTORNEY July 1, 1993 City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92660 Attention: City Attorney 017-P op 411,OfFyFuy3 PoRrgERcy Enclosed is the Executed Agreement for Prosecution Services. Sincerely, Yww4 �V vvV Kim Dinh Staff Analyst III KD:sw Enclosures • BOARD OF SUPERVISORS ORANGE COUNTY, CALIFORNIA 40 . 4 - V4CVt0r MINUTES June 15, 1993 District Attorney requests approval to renew an agreement, tor an indefinite period of time, to provide services for a fee by the Orange County District Attorney's Office for the prosecution of violators of city ordinances. MOTION: On motion by Supervisor Vasquez, seconded by Supervisor t- anion, the Board authorized execution of Agreement with the City of Newport Beach. Supervisor Wieder was absent. MOTION CARRIED. ,'! 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O, BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 Gr�j A 4't'�e-e- TO: FINANCE DIRECTOR FROM: CITY CLERK DATE: August 19, 1988 SUBJECT: Contract No. C -2031 Description of Contract Agreement for Prosecution Services Effective date of Contract July 10, 1988 Authorized by Minute Action, approved on May 23 1988 Contract with Mr. W. J. Morison Address Administrative Manager, Office of District Attorney Santa Ana CA 92702 -0808 Amount of Contract _ (See Agreement ^ ell. "6e e Wanda E. Reggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach BY THE CITY COUNCIL CITY OF NEWPORT BEACH Agenda Item No. F3(a) MAY 2 3 1988 MEMORANDUM APPROVED OFFICE OF THE CITY ATTORNEY May 23, 1988 TO: Honorable Mayor and Members of the City Council FROM: Robert H. Burnham, City Attorney RE: Prosecutorial Services Agreement For many years the District Attorney's office has, by agreement, prosecuted violations of municipal ordinances. The D.A. can prosecute these offenses more cheaply than this office and we currently have an outstanding relationship with that office. I have attached a copy of the proposed agreement to this Memo and recommend the agreement continue for a term of five (s') years' subject to the right of either party to terminate on thirty (30) days' written notice. Recommendation: It is recommended the City Council authorize the Mayor to sign the Agreement for Prosecutorial Services specifying a term for five years. RHB /jc Attachment 0 AGREEMENT FOR PROSECUTION SERVICES C Z031 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 ").. W I T N E S S E T H 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 employment. July 3, 1987 BS3 /PSC1 1. I 2 3 4 5 6 8 9 10 11 12 13 14 „ := 15 �o W 16 is 17 18 19 20 21 23 24 25 N 26 N N ° 27 4 M_ 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 COUNTY, its officers and employees harmless from any and all claims for damages resulting therefrom. 6. Both CITY and COUNTY shall hold each other harmless from liability for acts.or.omissions of the other. 7. (a) 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 fifty -six dollars ($56.00) 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 7(c) herein. (b) Additional 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 7(a) 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 July 3, 1987 2. BS3 /PSCl 1 2 3 d 5 6 3 IO 11 12 13 14 Wr 15 0o o„ � W 16 __ 'o c 17 18 19 20 21 22 23 24 25 C 26 N N ° 27 LL M ' , 0 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 fifty -six dollars ($56.00) for each such prosecution except as provided in Paragraph 7(c) herein. As used herein, "prosecution" means the District Attorney's appearance in Court after witnesses are subpoenaed on the first setting for 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 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. (c) 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 fifty and 00 /100 dollars ($50.00) per hour of attorney time and twenty -four and 00 /100 dollars ($24.00) per hour of clerk typist's or stenographer's time. In addition to charges described in paragraphs 7(a) and 7(b) 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. (d) The above rates shall be reviewed annually by COUNTY'S Auditor - Controller and, if it is determined that a change in the rate July 3, 1987 3. BS3 /PSC1 C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 w� az� 15 moo U V W 16 o=, 'a c 17 18 19 20 21 22 23 24 251 ° I 26 N n 27 ® 28 0 is necessary to reflect change in costs to COUNTY, COUNTY shall notify CITY of such change prior to June 30th, and the change shall become effective the following July lst. 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 COUNTY within thirty (30) days after rendition of billing, COUNTY may satisfy such indebtedness from any funds of CITY on deposit with COUNTY without giving further notice to CITY of COUNTY'S intention to do so. 9. Upon execution of this agreement, CITY shall provide two (2) copies of their municipal ordinances to the District Attorney. CITY will further provide the District Attorney with complete details on any additions, deletions, or corrections to the municipal ordinances that may occur during the term of this agreement. 10. This Agreement shall continue in full force and effect for a term of Five Years , commencing j!Aly 10. 19gg_, provided that either party may terminate upon thirty (30) days' written notice. / / July 3, 1987 BS3 /PSC1 4. 1 2 3 4 5' 6 7 8' 9 10l 11 12 13 14' Wf ; 15 �O SOW � W 16 Zu 714 `0 17 W fi7 191 20 1 21 22 23 24 C �5' 26 N N Z7 IP 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: 198.7: COUNTY OF ORANGE, a political sub- SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD division of the State of California BY Chairman of its.Board of Supervisors "COUNTY" JUN 21 1988 LINDA D. ROBERTS Clerk of the Board of Supervisors APPROVED AS TO FORM: ADRIAN KUYPER, COUNTY COUNSEL By Iryn Black, Deputy Dated: 3-i'l , 1987. Dated: f c � ,., P : � . 19 8AJ . .,fir" .A a m- ic'p 1;'corpor " n ATTEST: By By 7: ? ;,.; / �eNWPO�i f "CITY" . e Ci y Clerk �C/ dfP \t4 . APPROVED AS TO FORM: ROBERT H. BURNHAM, City Attorney July 3, 1987 BS3 /PSC1 5. CECIL HICKS DISTRICT ATTORNEY JAMES O. ENRIGHT MICHAEL R. CAPIZZI C11@P OBRITY CH03 AMHMNT June 20, 1988 OFFICE OF tISTRICT ATTORNEY COUNTY OF ORANGE P.O. BOX 808 SANTA ANA, CALIFORNIA 92702 -0808 TELEPHONE: (114) !3 MW eDWARD L MERRILEES DIRECIDR, MuNlnnst nwRr GFERATIOrvs EDGAR A. FREEMAN DIRECTOR. SuFERIOR COURT UPERAT MAURICE L. EVANS MRECTOR. SPECIAL OPERATIONS LOREN W. DOCHESNE CHIEF. BUREAU OF INVESTIGATNIN WILLIAM J. MORISON AOMINWRATNE MANAGER CITY OF NEWPORT BEACH /d`J' ,rr;,! "Ca ATTENTION: CITY ATTORNEY CIiY �,;Y 3300 Newport Boulevard Newport Beach, CA 92660 Z JUN2 2 1988® CITY OF N NEWPORT BEACH, SUBJECT: AGREEMENT FOR PROSECUTION SERVICES BY THE CALIF. 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 and resulted in new rates which are effective July 1, 1988. The changes in the rates are summarized below: Referral (Paragraph 7a) Additional Prosecution (Paragraph 7b) Special Costs (Attorney) (Paragraph 7c) Special Costs (Clerical) (Paragraph 70 OLD RATE $56.00 $56.00 $50.00 per hour $24.00 per hour NEW RATE $56.00 $56.00 $50.00 per hour $25.00 per hour Please attach a copy of this letter to your original agreement for reference. Please call me at 834 -3652 if you have any questions. i m c F y, J. Morison inistrative Manager CENTRAL tat NORTH OFFICE WE" OFFICE SOUTH OFFICE HARBOR OFFICE JUVENILE OFFICE 700 CIVIC CMMKbR. W. 1275 N. BERKELEY AVE. 1141 IJTN STREET 30143 CROWN VALLEY PKWY. 46M 14MBORIM BLVD. 361 CRY DRIVE SOUTH SANTA ANA. CA 92761 FULL000N. CA 9291 RTSD.DNSfOL CA 3063 LAGUNA NIGUEL, CA 926" NEWPORT SCN.. CA 9263 ORANGE, CA 92W CECIL HICKS DISTRICT ATTORNEY JAMES G. ENRIGHT MICHAEL R. CAPIZZI CNIU Dt CHW ^SSW n • OFF DISTRICT CE OF • ATTORNEY COUNTY OF ORANGE P.O. BOX 808 SANTA ANA, CALIFORNIA 92702 -0808 TELEPHONE: (716) 83x1600 May 9, 1988 City of Newport Beach Attn: City Attorney 3300 Newport Boulevard Newport Beach, CA 92660 Dear Sir: EDWARD I. MERRILEES MrtnOR. HLHk'ITAI awn O,FRMU EDGAR A. FREEMAN blltk M. VlftlkM COLR M WAT'11Y MAURICE L. EVANS MR!<TOR, S,)C.M IMER.,IIOk[ WREN W. DuCHESNE I HIt1. WILM M IkYbTkdIk1N WILLIAM J. MORISON ,D ,VISFRAIIV)MRVYifR If you wish to renew the enclosed contract please havesmMomospdoe signed by the Mayor and return them to me for processing through the Board of Supervisors. Please An agreement period of five years would assist in reducing paperwork without unduly restricting either party because of the 30 day termination clause which we both can exercise. If you have any questions, please call me at 834 -3652. Sincere y, • W. orison Ad nistrative Manager WJM:sw Enclosures Eli A1;uaEY («1{ 1 11388► CITY OF NEVIPJRT BEACH, ,� �_ CALIF. CENTRAL OFFICE NORTH OFFICE WEST OFFICE SOUTH OFFICE HARBOR OFFICE JUVENILE OFFICE 700 CIVIC CENTER DR. W 1273 N BERKELEY AVE. 8141 ITTH STREET W163 CROWN VALLEY MWY. 6601 JAMBOREE BLVD. )01 CITY DRIVE SOUTH SANTA ANA. CA 91701 FULLERTON. CA 92631 WESTMINSTER. CA 9168) LACUNA NIGUEL. CA 92617 NEWPORT OCR- CA 92M) ORANGE. CA 926U 0 0 CITY OF NEWPORT BEACH June 1, 1988 OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Mr. W. J. Morison Administrative Manager Office of District Attorney P.O. Box 808 Santa Ana, CA 92702 -0808 Dear Mr. Morison: (714) 644 -3005 Enclosed.are two copies of AGREEMENT FOR PROSECUTION SERVICES, which was approved by the City Council of Newport Beach on Nay 23, 1988. Following execution by the Board of Supervisors, please return one copy to this office for our files. Sincerely, Wanda E. Reggio City Clerk WER:pm Enclosure(s) 3300 Newport Boulevard, Newport Beach CECIL HICKS DISTRICT ATTORNEY JAMES G. ENRIGHT CHIEF DEPUTY DISTRICT ATTORNEY June 15, 1986 OFFICE OF 0 DISTRICT ATTORNEY ORANGE COUNTY COURTHOUSE CITY OF NEWPORT BEACH ATTENTION: CITY ATTORNEY 3300 Newport Boulevard Newport Beach, CA 92660 P. O. SOX 808 SANTA ANA, CALIFORNIA 92702 Telephone: (714) 834 -3600 JSUBJECT: AGREEMENT FOR PROSECUTION SERVICES BY THE DISTRICT ATTORNEY OF ORANGE COUNTY Dear Sir: C - z.o3/ EDWARD J. MERRILEES DIRECTOR, MUNICIPAL COURT OPERATIONS EDGAR A FREEMAN DIRECTOR. SUPERIOR COURT OPERATIONS MICHAEL R. CAPIZZI DIRECTOR, SPECIAL OPERATIONS Paragraph 7d of subject agreement states that rates for this service will be reviewed annually by the County Auditor - Controller. This review was accomplished and resulted in new rates which are effective July 1, 1986. The changes in the rates are summarized below: Referral (Paragraph 7a) Additional Prosecution (Paragraph 7b) Special Costs (Paragraph 7c) Special Costs (Paragraph 7c) Please attach reference. OLD RATE $50.25 $50.25 $45.00 per hour NEW RATE $53.75 $53.75 $48.00 per hour $21 peH� r hour $23.00 r h�ur a copy of this (letter to your original agreement for Please call me at 834 -3652 if you Sincerely, 0. MORISON inistrative Services Officer WJM:mw CENTRAL OFFICE NORTH OFFICE WEST OFFICE SOUTH OFFICE HARBOR OFFICE JUVENILE OFFICE 700 CIVIC CENTER DR. W. 1275 N. BERKELEY AVE. 8141 13TH STREET 30143 CROWN VALLEY PKWY. 4601 JAMBOREE BLVD. 301 CITY DRIVE SOUTH " SANTA ANA, CA. 92701 FULLERTON, CA. 92631 WESTMINSTER, CA. 92683 LAGUNA NIGUEL, CA. 92677 NEWPORT BCH., CA. 92663 ORANGE, CA. 92668 0 TO: FINANCE DIRECTOR FROM: CITY CLERK DATE: August 27, 1984 CITY OF NEWPORT BEACH SUBJECT: Contract No. C -2031 OFFICE OF THE CITY CLERK (714(640 -2251 Description of Contract Prosecution Services by the Orange County District Attorney Effective date of Contract August 13, 1984 Authorized by Minute Action, approved on August 13, 1984 Contract with Office of the District Attorney Address Orange County Court House Box :0: Santa Ana. CA 92702 Amount of Contract See Attached �.... — —�..� 1 ♦ - -- Wanda E. Andersen City Clerk WEA:lr attach. City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 (39) BY THE CITY COUNCIL CITY OF NEWPORT BEACH MEMORANDUM AUG 131984 OFFICE OF THE CITY ATTORNEY APPROVED August 3, 1984 Council Agenda No. To: Honorable Mayor & Members of the City Council From: Robert Burnham - City Attorney Re: Background F 9 (a) On July 10, 1983, the City Council approved an agreement for prosecution services for Municipal Code violations with the County of Orange (District Attorney's Office). Paragraph 7d of the contract provides for an annual review of the rates by the County Auditor - Controller. The County has the right to unilaterally determine a fair rate subject to a 30- day right of determination. A copy of a letter which sets forth both the old and new rates for each of the services to be performed under the contract is attached. Recommendation The increase is fair when judged by the fair market value of the cost of providing these legal services. Approval is recommended. Robert H. Burnham MMP107 CECIL HICKS DISTRICT ATTORNEY JAMES G. ENRIGHT CHIEF DEPUTY DISTRICT ATTORNEY June 20, 1984 10 OFFICE OF • DISTRICT ATTORNEY ORANGE COUNTY COURTHOUSE P. O. BOX 808 SANTA ANA, CALIFORNIA 92702 Telephone: (714) 834 -3600 yF 2 9 CITY OF NEWPORT BEACH ATTENTION: CITY ATTORNEY 3300 Newport Boulevard Newport Beach, CA 92660 SUBJECT: AGREEMENT FOR PROSECUTION SERVICES DISTRICT ATTORNEY OF ORANGE COUNTY Dear Sir: EOWARO J. MERRILEES DIRECTOR. MUNICIPAL COURT O16RATIONS EDGAR A FREEMAN DIRECTOR. SUPERIOR COURT OPERATIONS MICHAEL R. CAPIZZI DIRECTOR, SPECIAL OPERATIONS Paragraph 7d of subject agreement states that rates for this service will be reviewed annually by the County Auditor - Controller. This review was accomplished and resulted in new rates which are effective July 1, 1984. The changes in the rates are summarized below: Referral (Paragraph 7a) Additional Prosecution (Paragraph 7b) Special Costs (Paragraph 7c) Special Costs (Paragraph 7c) OLD RATE $43.50 $43.50 $39.00 per hour $18.00 per hour NEW RATE $47.75 $47.75 $43.00 per hour $19.00 per hour Please attach a copy of this letter to your original agreement for reference. Please call me at 834 -3652 if you have any questions. Sincerely, A W. J. MORISON Administrative Services Officer WJM:1C EXHIBIT A CENTRAL OFFICE NORTH OFFICE WEST OFFICE SOUTH OFFICE HARBOR OFFICE JUVENILE OFFICE 700 CIVIC CENTER DR. W. 1275 N. BERKELEY AVE. 8141 13TH STREET 30143 CROWN VALLEY PKWY. 4601 JAMBOREE BLVD. 301 CITY DRIVE SOUTH SANTA ANA, CA. 92701 FULLERTON, CA. 02631 WESTMINSTER, CA. 92683 LAGUNA NIGUEL, CA. 02677 NEWPORT BCH., CA. 92663 ORANGE, CA. 92666 CITY OF NEWPORT BEACH P.U. BOX 1768, NEWPORT BEACH, CA 92663 -3884 OFFICE OF THE CITY CLERK (714) 640 -2251 TO: FINANCE DIRECTOR FROM: CITY CLERK DATE: August 3, 1983 Lke'�.&' 0.6/8 SUBJECT: Contract No. C -2031 Description of Contract District Attorney prosecution Services Agreement Effective date of Contract July 10, 1983 Authorized by Minute Action, approved on June 27, 1983 Contract with Office of the District Attorney Address Orange County Courthouse P.Q. Box 808 Santa Ana, CA 92702 Amount of Contract See Wanda E. Andersen City Clerk WEA:lr attach. 3300 Newport Boulevard, Newport Beach OFFICE OF • CECIL HICKS DISTRICT ATTORNEY DISTRICT ATTORNEY ORANGE COUNTY COURTHOUSE JAMES G. ENRIGHT P. O. BOX 808 CHIEF DEPUTY DISTRICT ATTORNEY SANTA ANA, CALIFORNIA 92702 Telephone: (714) 834-3600 August 2, 1983 Wanda E. Andersen, City Clerk City Hall 3300 Newport Boulevard Newport Beach, CA 92663 Dear Ms. Andersen: EDWARD J. MERRILEES DIRECTOR, MUNICIPAL COURT OPERATIONS EDGAR A FREEMAN DIRECTOR. SUPERIOR COURT OPERATIONS MICHAEL R. CAPIZZ1 DIRECTOR, SPECIAL OPERATIONS CITY R NEWPOaj BEACK CALIF. AUG 3 19836P CITY CLERK . \� 1 Enclosed is the executed Agreement for Prosecution Services for the City of Newport Beach and County of Orange. This Agreement was approved by our Board of Super- visors on July 26, 1983. A copy of the minutes is also enclosed. Sincerely, dam, yf" Elaine T. Rosales Secretary II WJM:etr enclosures (2) . CENTRAL OFFICE NORTH OFFICE WEST OFFICE SOUTH OFFICE HARBOR OFFICE JUVENILE OFFICE 700 CIVIC CENTER DR. W. 1275 N. BERKELEY AVE. 6141 13TH STREET 30143 CROWN VALLEY PKWY. 4601 JAMBOREE BLVD. 301 CITY DRIVE SOUTH SANTA ANA, CA. 92701 FULLERTON, CA. 92631 WESTMINSTER, CA. 92683 LAGUNA NIGUEL, CA. 92677 NEWPORT BCH., CA. 92663 ORANGE, CA. 92688 N 0 MINUTES OF THE BOARD OF r-, OF ORANGE COUNTY, CALIFORNIA July 26, 1983 OTY OF `Cl� NEWPORT BEACH, CAUr. AUG 8 19831 �Ct�C / :�"l"t�-r i . / IN RE: AGREEMENT PROSECUTION SERVICES CITY OF NEWPORT BEACH On motion of Supervisor Nestande, duly seconded and unanimously carried, the Clerk of the Board, on behalf of the Board of Supervisors, is;-authorized'to execute the Agreement dated.July 26, "1983, between the Orange County District Attorney and the City of Newport Beach which will provide services for the prosecution of violators of City Ordinances. IN RE: AUTHORIZATION TO COMMENCE LEGAL ACTION MEDICAL SERVICES UCI MEDICAL CENTER PEREZ ANDERSON CHERSIN CISNEROS On motion of Supervisor Nestande, duly seconded and unanimously carried, the County Counsel is authorized to initiate legal action for reimbursement for amount due the County for medical services. Parties /Account Family File No. Amount Ana Rosa Per6z PF/k519564.8, FF #820610 $ 2,802.67 Robert & Sally Anderson FF #849246, PF #546462.3 $16,192.58 and PF #547084.4 David Chersin FF #850761, PFY/717315.7 $ 2,891.54 Ruben Cisneros FFq/844666, PF/k535266.2 $ 2,471.26 1&)F1013 -2.3 (32176) .. CITY OF NEWPOkT BEACH. . ♦ V 1 AGREEMENT FOR PROSECUTION SERVICE zI THIS AGREEMENT, made and entered into by and b ee UNTO'' F T5 Y%JE:qRk �o 3 ORANGE, a body politic and corporate, hereinafter des i ed as TY," � _ I 4 and the City of Newport Beach , a municipal cur �' on, 5 located in the County of Orange, hereinafter designated as "CITY." 6 W I T N E S S E T H: 7 In consideration of the terms, covenants, conditions, and promises 8 to be kept, performed and observed by the parties hereto, it is agreed 9 as follows: 10 1. COUNTY, through its District Attorney and deputies, officers 11 and employees of his department, shall render to CITY such services as 12 may be required to prosecute violation of CITY's ordinances in the muni- 13 cipal courts. 14 2. For the purpose of performing said functions, COUNTY shall J> W r. o ;; 15 provide all manpower and supervision necessary to maintain the service W0V 4;� 16 to be rendered hereunder. Z 0 i ,'°,0 17 3. The final authority for rendition of service, standards of 18 performance, and other matters incident to the performance of such 19 service and the control of COUNTY personnel shall remain in COUNTY. 20 4. CITY shall not be called upon to assume any liability for the 21 direct payment of any salaries, wages or other compensation to any 22 COUNTY personnel performing services hereunder or any liability other 23 than that provided for by this Agreement. Except as herein otherwise 24 specified, CITY shall not be liable for compensation or indemnity to 25 any COUNTY employee for any injury or sickness arising out of his em- 26 ployment. a a 27 5. COUNTY, its officers, agents and employees shall not be deemed n ® 28 to have assumed any liability for the negligence of CITY or any of its CBS:sc 5/25/83 1. 1 1i 2� 3 4 5 6 7 8 9 10 11 12 13 14' Wf o:; 15 3, WDV 16 LL�2 D=� 'o c 17 u 18 19 20 21 22 23 24 25 n 26 N ° 27 ® 28 officers or employees; and CITY shall'hold COUNTY, its officers and employees harmless from any and all claims for damages resulting there- from. 6. Both CITY and COUNTY shall hold each other harmless from A liability for acts or omissions of the other. 7. (a) Referrals for Complaints. CITY may refer suspected vio- lations of its criminal ordinances to the District Attorney for a de- termination as to whether a criminal complaint should be filed. CITY agrees to pay COUNTY the sum of Forty -three Dollars and Fifty Cents ($43.50) for each referral, without regard to the issuance of a complaint As used herein, a "referral" means an occurrence constituting an al- leged violation of one or more CITY ordinances by one person. CITY will provide investigation, reports, copies of its ordinances, and ad- ditional 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 7(c) herein. (b) Additional 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 7(a) herein. Trials on complaints and citations issued otherwise will not be tried by the District At- torney 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 exclu- sively local concern should be prosecuted by the City Attorney. CITY 5/26/83 I) 2. I 11 agrees to pay COUNTY Forty- three'Dollars and Fifty Cents ($43.50) for 1 2 each such prosecution except as provided in Paragraph 7(c) herein. As 3 used herein, "prosecution" means the District Attorney's appearance in 4 Court after witnesses are subpoenaed on the first setting for one De- s fendant's trial. Where the CITY asks the District Attorney to request 6 dismissal before subpoenas have been issued, no charge will be made. 7 As prosecutor, the District Attorney has the right to control the dis- 8 position of all complaints, trials, and appeals herein described in 9 accordance with the duties of his office, CITY will provide investiga- 10 tion, reports, citations, copies of its ordinances, and additional 11 evidence necessary for trial as requested by the District Attorney. 12 This includes, but is not limited to, Department of Motor Vehicles' 13 registration information and official documentation of ownership and 14 licensing of vehicles cited under CITY's parking ordinances. J � W � off; 15 (c) Special Costs. CITY may request the District Attorney 000 ,F; 16 to file, answer, and litigate appeals from convictions from CITY's oz: 00 17 ordinances. CITY agrees to pay to COUNTY for such services on appeals 18 the sum of Thirty -nine and no /100 Dollars ($39.00) per hour of attorney 19 time and Eighteen and no /100 Dollars ($18.00) per hour of clerk typist's 20 or stenographer's time. In addition to charges described in paragraphs 21 7(a) and 7(b) herein, CITY agrees to pay COUNTY for all time including 22 preparation, spent in prosecutions in excess of one day, at the rate 23 specified in this paragraph. 24 (d) The above rates shall be reviewed annually by COUNTY Ez 25 Auditor - Controller and, if it is determined that a change in the rate n S 26 is necessary to reflect change in costs to COUNTY, COUNTY shall not4fy N N 4 27 CITY of such change prior to June 30th and the change shall become ® 28 effective the following July 1st. i/26/83 3, • 1 :1 8. Within ten (10) days f6lloVi.ng the end of each calendar 211 quarter, COUNTY shall render to CITY a statement of the cost of ser- 3� vices performed under this contract, and CITY shall pay COUNTY therefor 4 within twenty (20) days after receipt of such statement. Such statement 5 shall consist of the number of referrals for complaints, additional 6 prosecutions, and itemized special costs. If such payment is not re- 7 ceived by COUNTY within thirty (30) days after rendition of billing, 8 COUNTY may satisfy such indebtedness from any funds of CITY on deposit 9 with COUNTY without giving further notice to CITY of COUNTY's intention 10 to do so. 21 it 9. Upon execution of this agreement, CITY shall provide two (2) COUNTY has caused this Agreement to 12 copies of their municipal ordinances to the District Attorney. CITY cuted by 13 will further provide the District Attorney with complete details on any 23 14 i additions, deletions, or corrections to the municipal ordinances that W, Wr 0z2 15 may occur during the term of this agreement. rao .� 16 10. This Agreement shall continue in full force and effect for a LL O=� 300 17 term of five (5) years , commencing July 10, , 18 19 83, provided that either party may terminate upon thirty (30) days' 19 written notice. 20 21 IN WITNESS WHEREOF, COUNTY has caused this Agreement to be exe- 22 cuted by the Chairman of its Board of Supervisors and attested by the 23 Clerk of said Board, and CITY has caused this Agreement to be executed 24 25 / n a 26 / N 27 LL / `' : ifi 5/26/83 fl 4. 5. Y 11 by its Mayor and attested by the City'Clerk on the dates set opposite 2 1 their respective signatures. 3 DATED: 7— 2 G' 8 3 C Y OF ORANGE, a political subdi- is on of t ate alifornia 4 5 G SIGNED AND CERTIFIED THAT A irman of its Board of Supervisor; COPY OF THIS DOCUMENT HAS BEEN 7 DELIVERED TO THE CHAIRMAN OF THE BOARD 8 9 0" JUNE ALEXANDER 10 Clerk of the Board of Supervisors 11 12 APPROVED AS TO FORM: 13 ADRIAN KUYPER, COUNTY COUNSEL J t 14 i ' By Wf o z ; 15 Deputy o 4> 16 _ DATED: L % �3 Z 2 O=♦ uo 17 V 18 DATED: art Beach 19 A Municipal Corporation 20 21 By Mayor 22 23 ATTEST: 24 Z 25 By City Clerk 26 APFjZOVED AS TO FORM 27 ® 28 CitFy Attorn y City of Newport Beach 5. CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK 17141640-2251 July 7, 1983 Elaine Rosales Orange County District Attorney Office P.O. Box 808 Santa Ana, CA 927D2 Dear Ms. Rosales: = �a Enclosed are three copies of the Agreement for Prosecution Services between the City of Newport Beach and County of Orange. This Agreement was approved by our City Council on June 27, 1983 by adopting Resolution No. 83 -64, which is also enclosed. Please execate all copies and return one to the City Clerk's office. Sincerely, Wanda E. Andersen City Clerk WEA:lr enclosures (4) City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 BT THE CITY COUNCIL CITY OF NEWPORT BEACH JUN 2 71983 MEMORANDUM OFFICE OF THE CITY ATTORNEY Agenda Item No. F -2(h) June 21, 1983 To: Hon. Mayor & Members of the City Council From: Robert H. Burnham - City Attorney Re: Contract with Orange County District Attorney for Prosecution of Code Violations BACKGROUND For the past 10 years, the City of Newport Beach and the County of Orange have had a contractual relationship pursuant to which the District Attorney's office has prosecuted violations of the City's Municipal Code. The current contract expires July 10, 1983 and the District Attorney's office has submitted a new five -year agreement for Council review and approval. The contract they have submitted is identical to the one which expires July 10, 1983, except for a slight increase in the rates to be charged. The proposed contract calls for the payment of $43.50 each time a suspected violation is referred to the District Attorney's office for the issuance of a complaint and an additional $43.50 for each prosecution. A prosecution is defined as a trial which lasts one day or less. If the trial lasts for more than a day, the City agrees to pay $39.00 per hour for attorneys' time and $18.00 per hour for clerical personnel. These rates are reviewed annually by the County and the contract E 0 allows the County to increase the rates, each year, to reflect the increases in salaries and benefits paid by the County to its exployees. Since October 1, 1481, the rates for attorneys' time have increased $5.00 per hour and the rate for clerical time has increased $3.00 per hour. These increases are fairly typical of those experienced by the City over the past 10 years. It is the opinion of this office, an opinion shared by Hugh Coffin and Dennis O'Neil, that the rates charged by the District Attorney's office are very reasonable, and represent a significant savings for the City of Newport Beach. RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the Mayor and City Clerk to execute the agreement, a copy of which is attached to this report as Exhibit "A", for prosecutorial services to be rendered by the District Attorney's office. RHB /pr MMP/DA wRobert H. Burnham BY THE CITY COUNCIL CITY OF NEWPORT BEACH JJUUNp 2 71983 / RESOLUTION NO. $3 =1A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR & CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE COUNTY OR ORANGE FOR DISTRICT ATTORNEY PROSECUTION SERVICES COUNCIL AGENDA N0 .E- a th WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain agreement between the City of Newport Beach and the County of Orange for District Attorney Prosecution services re enforcement of City's Municipal Code; and WHEREAS, the City Council has reviewed the terms and conditions of said agreement, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference as though fully set forth at length, and finds them to be satisfactory and in the best interests of City to authorize the Mayor and City Clerk to execute said agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the agreement above described be and hereby is approved and the Mayor and City Clerk are hereby authorized and directed to execute same on behalf of the City of Newport Beach. ADOPTED this prtk day of q�, r/y , 1983. ATTEST: LZ. AKA arS%anJ City Clerk RSP /DA . gait Mayor I AGREEMENT FOR PROSECUTION SERVICES i 2I THIS AGREEMENT, made and entered into by and between the COUNTY OF 3 ORANGE, a body politic and corporate, hereinafter designated as "COUNTY," 4 and the City of Newport Beach , a municipal corporation, 5 located in the County of Orange, hereinafter designated as "CITY." 6 W I T N E S S E T H: 7 In consideration of the terms, covenants, conditions, and promises 8 to be kept, performed and observed by the parties hereto, it is agreed 9 as follows: 10 1. COUNTY, through its District Attorney and deputies, officers 11 and employees of his department, shall render to CITY such services as 12 may be required to prosecute violation of CITY's ordinances in the muni- 13 cipal courts. 14 2. For the purpose of performing said functions, COUNTY shall off; 15 provide all manpower and supervision necessary to maintain the service Y�y V `4= 16 to be rendered hereunder. e6. $e 17 3. The final authority for rendition of service, standards of 18 performance, and other matters incident to he � performance of such 19 service and the control of COUNTY personnel shall remain in COUNTY. 20 4. CITY shall not be called upon to assume any liability for the 21 direct payment of any salaries, wages or other compensation to any 22 COUNTY personnel performing services hereunder or any liability other 23 than that provided for by this Agreement. Except as herein otherwise 24 specified, CITY shall not be liable for compensation or indemnity to 25 any COUNTY employee for any injury or sickness arising out of his em- 26 ployment. N g 27 5. COUNTY, its officers, agents and employees shall not be deemed ® 28 to have assumed any liability for the negligencg of CITY or any of its :BS : sc /25/83 EXHIBIT A 1. L I officers or employees; and CITY shall hold COUNTY, its officers and i 2 employees harmless from any and all claims for damages resulting there - 3 from. I 4 6. Both CITY and COUNTY shall hold each other harmless from 4 f 5 liability for acts or omissions of the other. 6 7. (a) Referrals for Complaints. CITY may refer suspected vio- 1 lations of its criminal ordinances to the District Attorney for a de- 8 termination as to whether a criminal complaint should be filed. CITY 4I 9 agrees to pay COUNTY the sum of Forty -three Dollars and Fifty Cents 10 ($43.50) for each referral, without regard to the issuance of a complaint 11 As used herein, a "referral" means an occurrence constituting an al- 12 leged violation of one or more CITY ordinances by one person. CITY 13 will provide investigation, reports, copies of its ordinances, and ad- 14 ditional evidence as requested by the District Attorney. In cases J> Wf 15 where prosecution is authorized by the District Attorney, he will draft 0 W "Y ,w 16 and prepare the complaint. When "not guilty" pleas are entered on such i o=: �e 17 complaints, the District Attorney will prosecute such cases through 18 trial without further charge, except as provided in Paragraph 7(c) 19 herein. 20 (b) Additional Prosecution. Trials of violations of CITY 21 criminal ordinances will be prosecuted by the District Attorney on 22 citations for parking and animal control violations and complaints 23 issued in accordance with Paragraph 7(a) herein. Trials on complaints 24 and citations issued otherwise will not be tried by the District At- 25 torney without the consent of his deputy -in- charge of the branch office M 26 serving the judicial district in which CITY is located. The District 7 n 27 Attorney has the right to determine that special ordinances of exclu- ® 28 sively local concern should be prosecuted by the City Attorney. CITY 3/26/83 2. IIj agrees to pay COUNTY Forty -three Dollars and Fifty Cents ($43.50) for 1� 2 each such prosecution except as provided in Paragraph 7(c) herein. As 3 used herein, "prosecution" means the District Attorney's appearance in 4 Court after witnesses are subpoenaed on the first setting for one De- s fendant's trial. Where the CITY asks the District Attorney to request 6 dismissal before subpoenas have been issued, no charge will be made. 7 As prosecutor, the District Attorney has the right to control the dis- 8 position of all complaints, trials, and appeals herein described in 9 accordance with the duties of his office, CITY will provide investiga- 10 tion, reports, citations, copies of its ordinances, and additional 11 evidence necessary for trial as requested by the District Attorney. 12 This includes, but is not limited to, Department of Motor Vehicles' 13 registration information and official documentation of ownership and 14I licensing of vehicles cited under CITY's parking ordinances. 154 (c) Special Costs. CITY may request the District Attorney 0 W e 16 to file, answer, and litigate appeals from convictions from CITY's z 0 17 ordinances. CITY agrees to pay to COUNTY for such services on appeals 18 the sum of Thirty -nine and.no /100 Dollars ($39.00) per hour of attorney 19 time and Eighteen and no /100 Dollars ($18.00) per hour of clerk typist's 20 or stenographer's time. In addition to charges described in paragraphs 21 7(a) and 7(b) herein, CITY agrees to pay COUNTY for all time including 22 preparation, spent in prosecutions in excess of one day, at the rate 23 specified in this paragraph. 24 (d) The above rates shall be reviewed annually by COUNTY 25 Auditor - Controller and, if it is determined that a change in the rate 9 26 is necessary to reflect change in costs to COUNTY, COUNTY shall notify N N 27 CITY of such change prior to June 30th and the change shall become 28 effective the following July lst. ;6/83 3. S. Within ten (10) days following the end of each calendar quarter, COUNTY shall render to CITY a statement of the cost of ser- vices 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 i prosecutions, and itemized special costs. if such payment is not re- ceived by COUNTY within thirty (30) days after rendition of billing, COUNTY may satisfy such indebtedness from any funds of CITY on deposit with COUNTY without giving further notice to CITY of COUNTY's intention to do so. 9. Upon execution of this agreement, CITY shall provide two (2) copies of their municipal ordinances to the District Attorney. CITY will further provide the District Attorney with complete details on any additions, deletions, or corrections to the municipal ordinances that may occur during the term of this agreement. 10. This Agreement shall continue in full force and effect for a term of five (5) years , commencing July 10, , 1983, provided that either party may terminate upon thirty (30) days' written notice. IN WITNESS WHEREOF, COUNTY has caused this Agreement to be exe- cuted 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 / 4. r I 2 3 4 5 6 7 8 4 10 11 12 13 14 J Wt 022 15 Woo >W 16 •�W 0=i eo 17 W is 14 20 21 22 23 24 w 25 26 e 27 ® 28 by its Mayor and attested by the City Clerk on the dates set opposite their respective signatures. DATED: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD JUNE ALEXANDER Clerk of the Board of Supervisors APPROVED AS TO FORM: ADRIAN KUYPER, COUNTY COUNSEL By. Deputy DATED: DATED: I ATTEST: By City Clerk COUNTY OF ORANGE, a political subdi- vision of the State of California I By i Chairman of its Board of Supervisors; A Municipal Corporation By Mayor 5. • i CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY (714) 640 -2201 July 1, 1983 W. J. Morison Administrative Services Officer Orange County District Attorney's Office P.O. Box 808 Santa Ana, California 992702 Re: Agreement for Prosecution Services Dear Mr. Morison: On June 27, 1983, the City Council of the City of Newport Beach authorized the Mayor and City Clerk to execute the Agreement for Prosecutorial Services forwarded to this office on June 7, 1983. By copy of this letter, we are asking the City Clerk's office to forward a fully executed Agreement to you, and we appreciate your assistance in this regard. Sincerely, 11OBERT H. BURNHAM City Attorney RHB /kla cc: City Clerk ✓ City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 CECIL HICKS DISTRICT ATTORNEY JAMES G. ENRIGHT CHIEF DEPUTY DISTRICT ATTORNEY 0 DISTRICT ATTORNEY EDGAR -A FREEMAN---^ DIRECTOR, SUPERIOR COUNT OPERATIONS ORANGE COUNTY COURTHOUSE MICHAEL R. CAPIZZI DIRECTOR. SPECIAL OPERATIONS P. O. BOX 808 SANTA ANA, CALIFORNIA 92702 ")'O_ Telephone: (714) 634.3600 June 7, 1983 City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92660 Attn: City Attorney y C' i 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 and resulted in new rates which are effective July 1, 1983. The changes in the rates are summarized below: Referral (Paragraph 7a) Additional Prosecution (Paragraph 7b) Special Costs (Paragraph 7c) Special Costs (Paragraph 7c) OLD RATE $40.00 $40.00 $36.00 per hour $16.00 per hour NEW RATE $43.50 $43.50 $39.00 per hour $18.00 per hour Please attach a copy of this letter to your original agreement for reference. Please call me at 834 -3652 if you have any questions. Sincerel W.T. rison Admi strative Services Officer WJM: jb (215OD/0047D) (2151D/0047D) CENTRAL OFFICE NORTH OFFICE WEST OFFICE SOUTH OFFICE HARBOR OFFICE JUVENILE OFFICE 700 CIVIC CENTER DR. W. 1275 N. BERKELEY AVE. 6141 18TH STREET 30143 CROWN VALLEY PKWY. A601 JAMBOREE BLVD. 301 CITY DRIVE SOUTH SANTA ANA, CA. 92701 FULLERTON, CA. 92831 WESTMINSTER, CA. 92683 LAGUNA NIGUEL, CA. 92677 NEWPORT BCH., CA. 92663 ORANGE, CA. 22668 OFFICE OF 41 CECIL HICKS DISTRICT ATTORNEY DISTRICT ATTORNEY ORANGE COUNTY COURTHOUSE JAMES G. ENRIGHT P. O. BOX 808 CHIEF DEPUTY DISTRICT ATTORNEY SANTA ANA, CALIFORNIA 92702 Telephone: (714) 834-3600 June 6, 1983 Robert H. Burnham City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92660 Dear Mr. Burnham: EDWARD J. MERRILEES DIRECTOR, MUNICIPAL COURT OPERATIONS EDGAR A FREEMAN DIRECTOR, SUPERIOR COURT OPERATIONS MICHAEL R. CAPIZZI DIRECTOR. SPECIAL OPERATIONS If you wistr to please have two copies signed by the Mayor and return them to me for pro- cessing through the Board of Supervisors. Please indicate on page 4 of the agreement the length of time desired. An agreement period of five years would assist in reducing paperwork without unduly restricting either party because of the 30 day termination clause which we both can exer- cise. If you have any questions, please call me at 834 -3652. Sinc ly, WJM:etr Enclosures Officer CENTRAL OFFICE NORTH OFFICE WEST OFFICE SOUTH OFFICE HARBOR OFFICE JUVENILE OFFICE 700 CIVIC CENTER DR. W. 1276 N. BERKELEY AVE. 1141 13TH STREET 30143 CROWN VALLEY PKWY. 4601 JAMBOREE BLVD. 301 CITY DRIVE SOUTH SANTA ANA, CA. 92701 FULLERTON, CA. 92631 WESTMINSTER, CA. 92683 LAGUNA NIGUEL, CA. 92677 NEWPORT BCH., CA. 92663 ORANGE, CA. 92668 1. Y CITY OF NEWPORT BEACH Office of CITY ATTORNEY DEC 14 1981 By the CITY COUNCIL December 14, 1981 CITY OF NIWPW BL*CH To: Honorable Mayor & Members of the City Council From: John P. Connelly, Acting Assistant City Attorney Subject: Prosecution Services by Orange County District Attorney's Office On July 11, 1978, the City Council authorized an agreement for prosecution services of Municipal Code violations with the County of Orange (District Attorney's Office). The agreement will expire July 10, 1983. Paragraph 7d provides for an annual review of the contract rates by the County Auditor - Controller. The County has the right to unilaterally determine a fair rate subject to a 30 -day right of determination. The attached letter sets forth both the old and new rates for each of the services to be performed under the contract. The increase is fair when judged by the fair market value of the cost of providing said legal services. The increases have been reviewed and approved by the City Manager. P. CONNELLY w� OFFICE OF 0 CECIL HICKS DISTRICT ATTORNEY DISTRICT ATTORNEY ORANGE COUNTY COURTHOUSE JAMES G. ENRIGHT P. O. BOX 608 CHIEF DEPUTY DISTRICT ATTORNEY SANTA ANA, CALIFORNIA 92702 Telephone: (714) 834-3600 October 30, 1981 City of Newport Beach Attn: City Attorney 3300 Newport Boulevard Newport Beach, CA 92660 EDWARD J. MERRILEES DIRECTOR, MUNICIPAL COURT OPERATIONS EDGAR A FREEMAN OI RE CTOR, SUPERIOR COURT OPERATIONS MICHAEL R. CAPIZZI DIRECTOR. SPECIAL OPERATIONS 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 and resulted in new rates which are effective October 1, 1981. The changes in the rates are summarized below: NEW RATE 37.75 37.75 34.00 per hour 15.00 per hour Please attach a copy of this letter to your original agreement for reference. Please call me at 834 -3652 if you have any questions. Sincerely, W. J. MORISON, Administrative Services Officer. WJM:ea OLD RATE Referral (Paragraph 7a) 30.00 Additional Prosecution (Paragraph 7b) 30.00 Special Costs WEST OFFICE (Paragraph 7c) 27.00 per hour Special Costs 700 CIVIC CENTER OR. W. 1275 N. BERKELEY AVE. (Paragraph 7c) 12.00 per hour NEW RATE 37.75 37.75 34.00 per hour 15.00 per hour Please attach a copy of this letter to your original agreement for reference. Please call me at 834 -3652 if you have any questions. Sincerely, W. J. MORISON, Administrative Services Officer. WJM:ea 6OB/4737C CENTRAL OFFICE NORTH OFFICE WEST OFFICE SOUTH OFFICE HARBOR OFFICE JUVENILE OFFICE 700 CIVIC CENTER OR. W. 1275 N. BERKELEY AVE. 8141 13TH STREET 30143 CROWN VALLEY PKWY. 4601 JAMBOREE BLVD. 301 CITY DRIVE SOUTH SANTA ANA, CA. 92701 FULLERTON, CA. 92631 WESTMINSTER. CA. 92683 LAGUNA NIGUEL, CA. 92677 NEWPORT BCH., CA. 92663 ORANGE. CA. 92666 i OFFICE OF CECIL HICKS DISTRICT ATTORNEY DISTRICT ATTORNEY ORANGE COUNTY COURTHOUSE JAMES G. ENRIGHT P. 0. BOX 808 CHIEF DEPUTY DISTRICT ATTORNEY SANTA ANA, CALIFORNIA 92702 Telephone: (714) 834 -3600 June 28, 1979 City of Newport Beach Attn: City Attorney 3300 Newport Beach Blvd. Newport Beach, CA 92660 EDWARD J. MERRILEES DIRECTOR. MUNICIPAL COURT OPERATIONS EDGAR A FREEMAN DIRECTOR, SUPERIOR COURT OPERATION% MICHAEL R. CAPIZZI DIRECTOR. SPECIAL OPERATIONS C11 y Ai I JUL021979► CITY OF NEWPORT BEACH CALIF. 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 June of 1979, (see attached) and new rates will be effective July 1, 1979. The changes in the rates are summarized below: Referral (paragraph 7a) Additional Prosecution (paragraph 7b) Special Costs (paragraph 7c) OLD RATE 27,59 27,59 25,15 per hour NEW RATE 30,00 30,00 '27, 00 per hour Special Costs (paragraph 7c) 9.77 per hour 12.00 per hour Please attach a copy of this letter to your original agreement for reference. Please call me at 834 -3652 if you have any questions. Sincerely, J. MORlSON Administrative Services Officer WJM:aa Attachment CENTRAL OFFICE NORTH OFFICE WEST OFFICE SOUTH OFFICE HARBOR OFFICE JUVENILE OFFICE 700 CIVIC CENTER OR. W. 1275 N. BERKELEY AVE. 8141 13TH STREET 30143 CROWN VALLEY PKWY. 4601 JAMBOREE BLVD. 301 CITY DRIVE SDUTH SANTA ANA, CA. 92701 FULLERTON, CA. 9263\ WESTMINSTER, CA. 92683 LAGUNA NIGUEL, CA. 92677 NEWPORT DC"., CA. 92663 ORANGE, CA. 02668 so Y O F AN G E OFFICE OF AUDITOR - CONTROLLER June 27, 1979 TO: W. J. Morison, Administrative Services officer District Attorney V. A. HEIM AUDITOR- CONTROLLER FINANCE BUILDING 630 NORTH BROADWAY P. O. BOX 567 SANTA ANA, CALIFORNIA 92702 TELEPHONE: 634 -2450 AREA CODE 714 SUBJECT: 1979 -80 Charge to Cities for Legal Services Performed by the District Attorney As provided in the standard agreement covering legal services supplied to various cities, we have computed the following 1979 -80 rates for services provided by the District Attorney's Office for the prosecution of Municipal Code violations: Hourly Billing Rates Attorney III 1 $27.00 Attorney Clerk $12.00 Cost Per Referral Attorney III 1.0 hr. $27.00 Attorney Clerk .25 hr. 3.00 Total $30.00 If you require additional information, please call 834 -6819. L oyd A. Z�/-on Supervisor, L ost Section LJ:mn V �1 CITY OF NEWPORT BEACH CALIFORNIA DATE July 27, 1978 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 2031 City hall 3300 W. Newport Blvd. Area Code 714 Description of Contract Orange County /District Attorney Prosecution Services. Authorized by Resolution No. 9371 , adopted on June 12th, 1978 Effective date of Contract July 11, 1978 Contract with County of Orange Address 10 Civic Center Plaza, 4th Floor, Room 407 Santa Ana, CA 92702 Amount of Contract (see contract) City Clerc CITY OFYWF OF TfIF. CI1 'Y A "1 "IORNI.Y (71 1; 640 3301 '7 June 20, 1978 Office of the County Counsel 515 North Sycamore Street Post Office Box 1379 Santa Ana, California 92702 Re: Gentlemen: Enclosed are two copies of the above mentioned agreement which have been executed on behalf of the City of Newport Beach by the Mayor and City Clerk. Please process the agreement through the appropriate departments and return a fully executed copy to the City Clerk. Thank you for your courtesy and cooperation in this regard. V1er truly yours, DENNIS D. O'NEIL City Attorney DDO /kb Enclosures -xc: City Clerk ('11N. IIall • 3300 Newport Boulccard. Newpoi -i Bcarh, ('Ailoniia 92663 N I., 1978 gy the CITY COU'6�`' or %UW"91 n CITY OF NEWPORT BEACH Office of CITY ATTORNEY June 12, 1978 To: The Honorable Mayor and Members of,the City Council H -2(g) From: City Attorney Subject: Agreement with County of Orange Regarding Prosecution of Municipal Ordinances On June 25, 1973, the City Council authorized an Agreement for Prosecution Services of Municipal Code violations with the County of Orange (District Attorney's Office). The agreement will expire on June 25, 1978. A new five -year agreement has been submitted by the County which provides for increases in the following categories: Old New Referral - processing Rate Rate criminal complaints 3. 4 27.59 Additional prosecution - trials 23.74 27.59 Special costs - appeals, attorney time 22.07/hr 25.15 /hr Special costs - appeals, typist time 6.69/hr 9.77/hr The Resolution on this evening's agenda, if adopted, would authorize the Mayor and City Clerk to execute the new agreement. DENN S D. O'NEIL City Attorney DDO /kb M 4 0 0 MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA July 11, 1978 IN RE: AGREEMENT LAW ENFORCEMENT SERVICES CITY OF SAN JUAN CAPISTRANO On motion of Supervisor Clark, duly seconded and unanimously carried, the Chairman and the Clerk are authorized to sign the Agreement dated July 11, 1978, between the County of Orange and the City of San Juan Capistrano, providing for a continuation of contract law enforce- ment services from the Orange County Sheriff- Coroner Department for FY 1978 -79, as recommended by the County Sheriff - Coroner. IN RE: AGREEMENT PROSECUTION SERVICES CITY OF NEWPORT BEACH On motion of Supervisor Clark, duly seconded and unanimously carried, the Chairman and the Clerk are authorized to sign the Agreement dated July 11, 1978, between the County of Orange and the City of Newport Beach, renewing a five year agreement providing services by the Orange County District Attorney for the prosecution of violators of City ordinances, as recommended by the Administrative Services Officer of the District Attorney's Office. ®F1013 -2.3 (12/76) 1 2 3 FLrh�F F`_TURN TO ;C1 7Y CLERK CITY OF NEWPORT BEACH 3300 NEWPC -MT COULEVARD NEWPORT BEACH, CALIF. 92663 AGREEMENT FOR PROSECUTION SERVICES THIS AGREEMENT, made and entered into by and between the COUNTY OF , 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 ". W I T N E S S E T H: In consideration of the terms, covenants, conditions and promises to The kept, performed and observed by the parties hereto, it is agreed as Ifollows: 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 provi all manpower and supervision necessary to maintain the service to be rendered hereunder. 3. The final authority for rendition of service, standards of per- formance, 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 employment. 1. �� ft 1 5. COUNTY, its officers, agents and employees shall not be deemed 2 to have assumed any liability for the negligence of CITY or any of its 3 officers or employees; and CITY shall hold COUNTY, its officers and 4 employees harmless from any and all claims for damages resulting therefrom 5 6. Both CITY and COUNTY shall hold each other harmless from liabilit 6 for acts or omissions of the other. 7 7. (a) Referrals for Complaints. CITY may refer suspected viola - 8 tions of its criminal ordinances to the District Attorney for a determina- 9 tion as to whether a criminal complaint should be filed. CITY agrees to 10 pay COUNTY the sum of Twenty -seven Dollars and Fifty -nine Cents ($27.59) 11 for each referral, without regard to the issuance of a complaint. As used 12 herein, a "referral" means an occurrence constituting an alleged violation 13 of one or more CITY ordinances by one person. CITY will provide investi- 14 w� as; 15 �O 16 LLB' Z Dz� 0 w 17 a 19 20 21 22 23 24 C 25 N 26 N N 27 a I tion, reports, copies of its ordinances, and additional evidence as by the District Attorney. In cases where prosecution is author- ized 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 7(c) herein. (b) Additional 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 7(a) 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 deter- mine that special ordinances of exclusively local concern should be 2. 7 S 9 10 11 12 13 14 ., , W. oz; 15 woo u u w 16 LL'u L z Z 0 a 0 0 17 V In 19 20 21 22 23 24 25 N 26 N N m 0 27 LL 7/12/77 0 L-7 prosecuted by the City Attorney. CITY agrees to pay COUNTY Twenty -seven Dollars and Fifty -nine Cents ($27.59) for each such prosecution, except as provided in Paragraph 7(c) 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 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 les' registration information and official documentation of ownership and licensing of vehicles cited under CITY's parking ordinances. (c) 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- five Dollars and Fifteen Cents ($25.15) per hour of attorney time and Nine Dollars and Seventy -seven Cents ($9.77)Vper hour of clerk typist's or stenographer's time. In addition to charges described in paragraphs 7(a) and 7(b) herein, CITY agrees to pay COUNTY for all time including prepa- ration, spent in prosecutions in excess of one day, at the rate specified in this paragraph. (d) The above rates shall be reviewed annually by COUNTY Auditor- Controller, and if 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 30th, and the change shall become effective the following July lst. 3. 3� m 1 21 3 4i 5 6i 71 8 9! 101 11 12, 13 14 WF 0z 15 �o WOO W 16 LL� 4 O OZZ Oa 17 W 18 19 20 21 22 23 24 25 26 N N O 27 LL ff 3/18/71 C.:] ft 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 COUNTY within thirty (30) days after rendition of billing, COUNTY may satisfy such indebtedness from any funds of CITY on deposit with COUNTY without giving further notice to CITY of COUNTY's intention to do so. 9. Upon execution of this agreement, CITY shall provide two (2) copies of their municipal ordinances to the District Attorney. CITY will further provide the District Attorney with complete details on any addi= tions deletions, or corrections to the municipal ordinances that may occur during the term of this agreement. 10. ' `i8 'Agreelant $Ptfa -ji:,boAtirjtje of Ilse years commencing July 10; 19 78 , provided; that either party may terminate upon thirty (30) days' written notice► 4. 4. . ft 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: , 19 -7--V ATTEST: - V JUNE ALEXANDER Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM: ADRIAN KUYPER, COUNTY COUNSEL By 0 Deputy DATED: ? g DATED: ATTEST: APPROVED AS TO FORM: D IS D. O'NEIL City Attorney COUNTY OF ORANGE, a body politic and CITY OF NEWPORT BEACH A Municipal Cororation ME VNAUK i `4%a r a 5. 0 b` 46 4b ,?iii I i::7n By the CITY 'Ir NFZWM= RESOLUTION NO. 9 37 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE COUNTY OF ORANGE FOR DISTRICT ATTORNEY PROSECUTION SERVICES WHEREAS, there has been presented to the City Council of the City of Newport 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 reviewed the terms and conditions of said agreement and finds them to be satisfactory and that it would be in the best interest of the City to authorize the Mayor and City Clerk to execute said agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said agreement 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. ADOPTED this 12th day of June , 1978. ATTEST: City Clerk Mayor DDO /bc 5/30/78 r•