HomeMy WebLinkAboutItem G rrFSEA("eti
AGENDA STAFF REPORT
DATE: May 29, 2018
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Joe Miller, Police Chief
SUBJECT: Renewal of Agreement for Prosecution Services with
Orange County District Attorney (OCDA)
SUMMARY OF REQUEST:
That the City Council adopt Resolution No. 6823 approving the renewal of an
existing Agreement with Orange County District Attorney (OCDA) for Prosecution
Services of Seal Beach Municipal Code violations. This Agreement shall continue
in full force and effective for a five-year period commencing July 1 , 2018, and
terminating on June 30, 2023.
BACKGROUND AND ANALYSIS:
The current Agreement between the City of Seal Beach and the County of
Orange to prosecute City Municipal Code violations will expire June 30, 2018.
According to the proposed Agreement, the County of Orange shall provide all
services necessary for legal proceedings and prosecutions for all City Municipal
Code violations. A fee of $258.15 will be assessed for each referral from the City
and for trials on other City citations and complaints. For prosecutions in excess
of one day, and for appeals, the County will charge the City $158.15 per hour of
attorney time and $100.00 per hour of clerical support's time.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
This is not a budgeted item given that all fees are automatically deducted from
fine revenue collected by the County.
Agenda Item G
RECOMMENDATION:
That the City Council adopt Resolution No. 6823 approving the renewal of an
existing Agreement with Orange County District Attorney (OCDA) for Prosecution
services of Seal Beach Municipal Code violations. This Agreement shall continue
in full force and effective for a five-year period commencing July 1, 2018,
terminating on June 30, 2023.
SUBMITTED BY: NOTED AND APPROVED:
Jae St itte4 jiii 2. J uccarn
Joe Miller, Police Chief Jill R. Ingram, City Manager
ATTACHMENTS:
A. Resolution 6823
B. Agreement for Prosecution Services
Page 2
Attachment "A"
RESOLUTION NUMBER 6823
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL RENEWING
THE AGREEMENT WITH THE ORANGE COUNTY DISTRICT
ATTORNEY'S OFFICE FOR PROSECUTION SERVICES
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE AS FOLLOWS:
Section 1 . The City Council hereby approves a renewal agreement with the
Orange County District Attorney's Office to provide prosecution services for the City
of Seal Beach for a five-year period commencing July 1 , 2018 and terminating on
June 30, 2023; and
Section 2. The City Council hereby authorizes the City Manager to execute the
renewal Agreement on behalf of the City.
Section 3. The City Clerk shall certify to the passage and adoption of this
resolution.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular
meeting held on the 29 day of May , 2018 by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
Mike Varipapa, Mayor
ATTEST:
Robin L. Roberts, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Robin L. Roberts, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6823 on file in the
office of the City Clerk, passed, approved, and adopted by the Seal Beach City
Council at a regular meeting held on the 29th day of May , 2018.
Robin L. Roberts, City Clerk
Attachment "B"
AGREEMENT FOR PROSECUTION SERVICES
THIS AGREEMENT FOR PROSECUTION SERVICES ("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 Seal Beach, a
California charter city located in the County of Orange (hereinafter designated as "CITY").
In consideration of the terms herein COUNTY and CITY agree as follows:
1. COUNTY, through its District Attorney (DA), shall render to CITY such services as may be
required to prosecute criminal violations of CITY's ordinances by persons 18 years of age or older in
courts.
2. COUNTY shall provide all staffing and supervision necessary to prosecute criminal violations of
CITY ordinances as contemplated by this AGREEMENT.
3. The final authority for rendition of services, standards of performance, and other matters
incident to the performance of prosecution services and the control of COUNTY personnel shall remain
in COUNTY. The DA shall have the exclusive authority to file a criminal complaint and conduct the
prosecution of any criminal violations of CITY ordinances.
4. CITY, its officers, agents, and employees are not liable for the direct payment of any salaries,
wages, or other compensation to any COUNTY personnel performing services under this Agreement.
CITY, its officer, agents, and employees are not liable for compensation or indemnity to any COUNTY
employee for any injury or sickness arising out of his or her employment.
5. COUNTY, its officers, agents, and employees are not liable for the acts or omissions of CITY, its
officers, agents, or employees.
6. CITY and COUNTY shall hold each other harmless from liability for acts or omissions under this
Agreement of the officers, agents, and employees of the other.
7. (a) Referrals for Complaints. CITY may refer suspected violations of its criminal ordinances
by persons 18 years or older to the DA for a determination as to whether a criminal complaint should be
filed.
CITY shall pay COUNTY the sum of $258.15 for each referral, without regard to the issuance of a
complaint. For the purposes of this AGREEMENT a "referral" means an occurrence constituting an
alleged violation of one or more CITY ordinances by one person. CITY shall provide investigation
materials, reports, copies of its ordinances, and additional records or information as requested by the
DA. In cases where prosecution is authorized by the DA, the DA will draft and prepare the complaint.
When "not guilty" pleas are entered on such complaints, the DA will prosecute such cases through trial
without further charge, except as provided in Paragraph 7(c) herein. CITY shall pay COUNTY$158.15 per
hour of attorney time and $100.00 per hour of clerical support's time for services performed under this
paragraph for prosecutions in excess of one day.
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(b) Additional Trial Prosecution. Trials on CITY citations and trials on CITY complaints not
issued pursuant to Paragraph 7(a) above will not be tried by the DA without the consent of the Assistant
DA in charge of the branch service the judicial district in which CITY is located. The DA may determine
that CITY ordinances of exclusively local concern should be prosecuted by the CITY attorney. Except as
provide in Paragraph 7(c), CITY shall pay COUNTY$258.15 for each DA prosecution of a CITY citation or a
CITY complaint not issued pursuant to Paragraph 7(a). For the purposes of this paragraph, "DA
prosecution" means the DA's appearance in Court after witnesses are subpoenaed on the first setting
for a defendant's trial. Where CITY asks the DA to request dismissal before subpoenas have been issued
and the DA agrees to that request, no charge will be made. As prosecutor, the DA 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 materials, reports, citations, copies of its ordinances,
and additional records or information necessary for trial as requested by the DA. CITY shall pay COUNTY
$158.15 per hour of attorney time and $100.00 per hour of clerical support's time for services
performed under this paragraph for prosecutions in excess of one day.
(c) Appeals. CITY may request the DA to file, answer, and litigate appeals of convictions of
violations of CITY's ordinances. CITY shall pay COUNTY $158.15 per hour of attorney time and $100.00
per hour of clerical support's time for services performed under this paragraph.
(d) The rates for services specified in this AGREEMENT 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 to June 30, and the change
shall become effective the following July 1.
8. Within ten 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 the
amount charged within 20 days after receipt of such statement. Such statement shall consist of the
number of referrals for complaints, additional trial prosecutions, and itemized appeals. If such payment
is not received by COUNTY within 30 days after rendition of billing, COUNTY may satisfy such
indebtedness from any funs 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 copies of its municipal ordinances to
the DA. CITY shall further provide the DA 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, 2018, and terminating on June 30, 2023, provided that either party may terminate the AGREEMENT
upon 30 days' written notice. CITY shall pay all compensation for services rendered under this
AGREEMENT irrespective of the termination or expiration of this AGREEMENT. Termination of this
AGREEMENT shall not affect the duties of the parties already initiated that extend beyond the
termination of this AGREEMENT.
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: May 29, 2018
"COUNTY"
COUNTY OF ORANGE, a political subdivision of the
State of California
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE By
CHAIRMAN OF BOARD Chairman of the Board of Supervisors
Robin Stieler
Clerk of the Board of Supervisors
of Orange County, California "CITY"
APPROVED AS TO FORM
LEON J. PAGE, COUNTY COUNSEL A municipal corporation
By: By:
Dated: , 2018 Mike Varipapa, Mayor
Dated: , 2018
ATTEST:
By:
Robin L. Roberts, City Clerk
Dated: , 2018