The URL can be used to link to this page

Home My WebLink AboutCC AG PKT 2008-05-12 #I AGENDA STAFF REPORT . DATE: May 12, 2008 TO: Honorable Mayor and City Council FROM: BY: David Carmany, City Manager Patrick Importuna, Assistant City Manager SUBJECT: AGREEMENT FOR PROSECUTION SERVICES - OCDA SUMMARY OF REQUEST: '. Staff requests that Council approval to renew an existing Agreement with OCDA for prosecution of Seal Beach Municipal Code, violations. This Agreement shall continue in full force and effect for a five year period commencing July 1, 2008, terminating on June 30, 2013. BACKGROUND: . Our current Agreement between the City of Seal Beach and the County of Orange to prosecute City municipal code violations will expire June 30, 2008. 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 for the nominal fee of $202.00 for each prosecution, and trials on other City citations and complaints, excluding animal control violations. FINANCIAL IMPACT: Although this is not a budgeted item, all fees are automatically deducted from fine revenue collected by the County. RECOMMENDATION: . It is recommended that the Agreement for Prosecution Services between the County of Orange and the City of Seal Beach be approved and authorize the City Manager to sign the Agreement on behalf of the ,City. APPROVED: c:r.:;{~ David Carmany, City Manager Agenda Item I . RESOLUTION NUMBER A RESOLUTION OF THE CITY COUNCil OF THE CITY OF SEAL BEACH, CALIFORNIA RENEWING THE AGREEMENT WITH THE ORANGE COUNTY DISTRICT ATTORNEY'S OFFICE FOR PROSECUTION SERVICES The City Council of the City of Seal Beach hereby resolves as follow: 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, 2008 terminating on June 30, 2013; and SECTION 2. The City Council hereby authorizes the City Manager to execute the renewal on behalf of the City. SECTION 3. The City Clerk shall certify the passage and adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Seal Beach on the 12th day of Mav . 2008 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members . ABSTAIN: Council Members Mayor ATTEST: City Clerk STATE OF CALIFORNIA} COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number _ on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, at a regular meeting thereof held on the 12th day of Mav , 2008. . City Clerk '. AGREEMENT FOR PROSECUTIQN SERVICES . 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 SEAL BEACH , a municipal corporation, located in the County of Orange (hereinafter designated as .CITYP). WITNESSETH In consideration of the terms, covenants, conditions, and promises to be kept, performed and observed by the parties, hereto, it is agreed as follows: 1. COUNTY, through its District Attorney and deputies, officers and employees of his department, shall render to CITY such services as may be required to prosecute violation of CITY's ordinances in the courts. . 2. For the purpose of performing said functions, COUNTY shall provide all staffing 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 exclusive authority to determine whether a criminal complaint shall be filed and 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 specifi~d, 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 1 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 Comolaints. 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 two hundred two dollars ($202.00) 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, the District Attorney 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 Paragragh 7(c) herein. (b). Additional Prosecution. The District Attomey will prosecute CITY citations for animal control violations with no charge to qITY., 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 the Assistant District Attorney in charge of the branch 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 two hundred two dollars ($202.00) for each prosecution of a CITY citation ( other than animal control violations) and each prosecution of a CITY complaint not issued pursuant . 2 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) Soecial 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 COUNTY for such services on appeals the sum of one hundred twenty seven dollars ($127.00) per hour of attorney time and seventy six dollars ($76.00) per hour of clerical support'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 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 1st. 8. Within ten (10) days following the end of each calendar qua'rter, 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) . . 3 . . . 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. 2008 and terminating on June 30.2013 '. provided that either party may terminate upon thirty (30) days' written notice. All compensation for services rendered shall be paid regardless of 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. 4 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: ,2008 "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 CHAIRMAN OF BOARD ,By Chairman of the Board of Supervisors . DARLENE J. BLOOM Clerk of the Board of Supervisors Of Orange County, California APPROVED AS TO FORM: BENJAMIN P. DE MAYO, COUNTY COUNSEL By ;fjr41~I?O+;V I ' "CITY" City of,Seal Beach A municipal corporation By ~K City Manager Dated: ,2008 ATTEST: Dated: .2008 By . City Clerk 5