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1979-0717_ORANGE, COUNTY OF_AgreementAGENDA ITEM TO: Honorable Mayor and City Council FROM: James S. Mocalis, City Manager • June 20, 1979 SUBJECT: Agreement For Services -- Prosecution Services SITUATION: The City's current five-year agreement with the County of Orange, District Attorney Office, for the receipt of services for the prosecution of municipal code violations is scheduled to expire on July 23, 1979. The District Attorney Office is now submitting the attached agreement as their renewal proposal for the provision of services for the period of July 23, 1979 through July 23, 1984. Other than revisions to reflect cost figures currently in effect, the proposed agreement is substantially the same as at present. FINANCIAL CONSIDERATIONS: During the course of this agreement, the City has expended an average of $200 per year for the receipt of prosecution services by the District Attorney's office. Costs which do occasionally arise under this agreement have been charged to the City Attorney's Professional and Technical Services account. For FY 1979-80, $10,000 has been allocated to this account, to include these and other such professional and technical services. ALTERNATE ACTIONS: 1. Accept and approve the attached agreement and authorize the Mayor to execute the agreement for the receipt of prosecution services with the County of Orange for the period of July 23, 1979 through July 23, 1984. 2. Do not accept and approve the agreement. ----------------------------------------------------------------------- ----------------------------------------------------------------------- RECOMMENDATION: By motion, accept and approve the attached agreement and authorize the Mayor to execute the agreement for the receipt of prosecution services with the County of Orange for the period of July 23, 1979 through July 23, 1984. spectfully submitted, ames S. Mocalis JSM: did WK CITY COUNCIL AGENDA ...... • . Attachments � n 1i ii 1 AGREEMENT FOR PROSECUTION SERVICES 2 THIS AGREEMENT made and entered in , � to by and between the. COUNTY OF 310'nANGF., a body politic and corporate, hereinafter designated as "COUNTY", I ;and the City of San Juan Capistrano , a municipal corporation, located in 5�the County of Orange, hereinafter designated as "CITY". 6 1i W I T N E S S E T H: in consideration of the terms, covenants, conditions and promises to i 8jibe kept, performed and observed by the parties hereto, it is agreed as li, 9 1 follows: 101 1. COUNT,', through its District Attorney and deputies, officers and 111�employees of his department, shall render to CITY such services as may be 1?ilreauired to prosecute violation of CITY's ordinances in the municipal 13 Ij courts. iI l4 ;f 2. For the purpose of performing said functions, COUNTY shall provi 41 �' 15 11 all manpower and supervision necessary to maintain the service to be W 1e, i Irendered hereunder. o i7jj 3. The final authority for rendition of service, standards of per - 1s 1iformance, and other matters incident to the performance of such service 19 Il;and the control of. COUNTY personnel shall remain in COUNTY. ' 20 4. CITY shall not be called upon to assume any liability for the !I 21Idirect payment of any salaries, wages or other compensation to any COUNTY r 2'iipersonnel performing services hereunder or any liability other than that 2s �i ;provided for by this Agreement. Except as herein otherwise specified, � i 24IICITY shall not be liable for compensation or indemnity to any COUNTY 2511employee for any injury or sickness arising out of his employment. 2 26 jl 27 �I 1 r/ t 28 I i f 111 5.' COUNTY, its officers, agents and employees shall not be deemed . Zito have assumed any liability for the negligence of CITY or any of its 3jofficers or employees; and CITY shall hold COUNTY, its officers and 4'employees harmless from any and all claims for damages resulting therefrom 5 G. Both CITY and COUNTY shall hold each other harmless from liabilit 6I1for 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- 9lti.on as to whether a criminal complaint should be filed. CITY agrees to 10l11pay COUNTY the sum of Twenty-seven Dollars and Fifty-nine Cents ($27.59) 1111for each referral, without regard to the issuance of a complaint. As used 12I1herein, a "referral" means an occurrence constituting an alleged violation 13 14 18 19 20 21 22 23 of one or more CITY ordinances by one person. CITY will provide investi- Igation, reports, copies of its ordinances, and additional evidence as requested 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 24 11 otherwise will not be tried by the District attorney without the consent 2511of his dcputy-i_n-charge of the branch office serving the judicial district J! 26 Jin which CITY is located. The District Attorney has the right to deter- LL 27 mine that special ordinances of exclusively local concern should be ME 12/77 2. 111prosecuted by the City Attorney CITY agrees to pay COUNTY Twenty-seven 21IDollars and Fifty-nine Cents ($27.59) for each such prosecution, except as 3Ilprovided in Paragraph 7(c) herein. As used herein, "prosecution" means ithe District Attorney's appearance in court after witnesses are subpoenaed Sion the first setting of one defendant's trial. Where the CITY asks the 6�IDistrict Attorney to request dismissal before subpoenas have been issued, 7`no charge will be made. As prosecutor, the District Attorney has the t 8fright to control the disposition of all complaints, trials, and appeals 9�herein described in accordance with the -duties of his office. CITY will 101provide investigation, reports, citations, copies of its ordinances, and i ]]!additional evidence necessary for trial as requested by the District 12I(Attorney. This includes, but is not limited to, Department of Motor 131iVehicles' registration information and official documentation of ownership 14 and licensing of vehicles cited under CITY's parking ordinances. J � N ,; 15I (c) Special Costs. CITY may request the District Attorney to file, oW 16 Il answer, and litigateappeals from convictions from CITY's ordinances. CITY °0 17lagrees to pay to COUNTY for such services on appeals the sum of Twenty - 18 ;j five Dollars and Fifteen Cents ($25.15) per hour of attorney time and Nine 19 Dollars and Seventy-seven Cents ($9.77) per hour of clerk typist's or 20 stenographer's time. In addition to charges described in paragraphs 7(a) 2..1 And 7(b) herein, CITY agrees to pay COUNTY for all time including prepa- 2`ration, spent in prosecutions in excess of one day, at the rate specified �I j 23 ij in this paragraph. 24 (d) The above rates shall be reviewed annually by COUNTY Auditor - 25 Controller, and if it is determined that a change in the rate.is necessary 20 to reflect change in costs to COUNTY, COUNTY shall notify CITY of such LL2 - change prior to. June 30th, and the change shall become effective the 28 I following July 1st. /12/77 1 8. Within ten (10) days following the end of each calendar quarter, 2;COUNTY shall render to CITY a statement of the cost of services performed 3iunder this contract, and CITY shall pay COUNTY therefor within twenty (20) 4 days after receipt of such statement. Such statement shall consist of the i r 5':number of referrals for complaints, additional prosecutions, and itemized 611special costs. If such payment is not received by COUNTY within thirty 7+1+1(30) days after rendition of billing, COUNTY may satisfy such indebtedness li 81from any funds of CITY on deposit with COUNTY without giving further i� 'notice to CITY of COUNTY's intention to do so. 10!! 9. Upon execution of this agreement, CITY shall provide two (2) I� 11icopies of their municipal ordinances to the District Attorney. CITY will N 13 Vurther provide the District Attorney with complete details on any addi- iIItions deletions, or corrections to the municipal ordinances that may occur 14lduring the term of this agreement. '' II 151' 10. This Agreement shall continue in full force and effect for a term 'o `V 16 of five (5) years commencing July 23 19 79 , provided �7 U0 17ithat either party may terminate upon thirty (30) days' written notice. 18 I // 19 20 21 22 23 24 I // 25 26 27 ® 2811 3/18/7 4. 0 2 3 4 5 6 7 B 9 10 11 12 13 14 1II 19 20 2: 22 23 24 r 25 26 N N a 27 W EM. • I 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-A? COUNTY OF ORANGE, a body politic and corporate ATTEST: JUNE ALEXANDER Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM: ADRIAN KUYPER, COUNTY COUNSEL By Deputy DATED: DATED: June 20, 1979 ATTEST: 'i By City Cl� APPROVED AS TO FORM: S. OKAZAKI, CITY ATTORNEY By -. 1� 4 ChairAn of its Bo d of Supervisors CITY OF SAN JUAN CAPISTRANO A Municipal Corcration 4,'RENNETH E. FRI SS Mayor 5. III 3` 4111 5 6I 7, 8i 9i 10 11 I' 12 13 14 Ll s 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: ATTEST: 19, JUNE ALEXA14DER Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM: ADRIAN KUYPER, COUNTY COUNSEL By_ DATED: DATED: June 20, 1979 18 ATTEST: 19 20 I 21' 22 23 24 25 C 28 18/7 Deputy COUNTY OF ORANGE, a body politic and corporate By Chairman of its Board of Supervisors CITY OF SAN JUAN CAPISTRANO A Municipal Cororation Bye KENNETH E. FRIESS Mayor By City O i APPROVED AS TO FORM: /J �4ES S. OKAZAKI, CITY ATTORNEY 5. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) MARY ANN HANOVER, being first duly sworn, deposes and says: That she is the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws of the State of California and in further compliance with City Resolution No. 83-12-20-3 and on the 19th day of September , 1985 , she caused to be posted: RESOLUTION NO. 85-9-17-2 being: TERMINATING AGREEMENT WITH COUNTY OF ORANGE - A RESOLUTION OF THE CITY COUNCII. OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, TERMINATING AGREEMENT WITH COUNTY OF ORANGE - PROSECUTORIAL LEGAL SERVICES in three (3) public places in the City of San Juan Capistrano, to wit: City Hall; Old Fire Station Recreation Complex; Orange County Public Library. MARY ANN: A OVER, CITY CLERK San Juan Capistrano, California Clfl•:CK LIST ORD. NO, HES. N08S•`?-/1- ---_ ..--.. Ma}or has signed .... -. Clerk has signed .. ..... City Seal stamped All blanks typed in "Absent" „Noes" ._ .. ;. -... Typed in Official Record Rook Posted to Classified Cards ....... .Copies sent tn.��..°At1y �7s>Ip'11%Q�f../�. Legal PIIbliCalloll ordered to he pokle,b:d (date) ....... _. _..._ ....... No. Affidarils ...... ... - No. Printed copies required Remarks .�... �,.,'.: 'r. r:..:r. ' ,..�.c.:._s, sa.t er •.`.. -------._....-.............................._..._...... 1 0. —2— ..............._........................... ...........- - 1_.. OFFICE OF 0 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 July 25, 1984 James S. Okazaki City Attorney City of. Sen: Juan Capistrano 32222 Camino Capistrano, Suite A San Juan Capistrano, CA 92675 Dear Mr. Okazaki: Enclosed is the executed Agreement for Prosecution Services for the City of San Juan Capistrano. Sincerely, T W. r son, .ni3trative Officer WJM: Sol encloware-2 EDWARD J. MERRI LEES DIRECTOR. MUNICIPAL COURT OPERATIONS EDGAR A FREEMAN OI RECTOR. SUPERIOR COURT OPERATIONS MICHAEL R. CAPIZZI DIRECTOR. SPECIAL OPERATIONS 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. 92583 LAGUNA NIGUEL, CA. 92677 NEWPORT BCH., CA. 92663 ORANGE, CA. 92668 MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA July 10, 1984 AGREEMENT WITH Y.S.P., INCORPORATED: On motion by Supervisor Riley, seconded by Supervisor Clark, the Clerk of the Board, on behalf of the Board of Supervisors, was authorized to execute an agreement with Y.S.P., Incorporated, in an amount not to exceed $18,744, for law enforcement enhancement services, for the period of July 1, 1984 through June 30, 1985, as recommended by the Sheriff -Coroner. MOTION UNANIMOUSLY CARRIED BY BOARD MEMBERS PRESENT. AMENDMENTS TO AGREEMENTS WITH ORANGE COUNTY JOB TRAINING PARTNERSHIP AGENCY: On motion by Supervisor Riley, seconded by Supervisor Clark, -e Clerk of the Board, on behalf of the Board of Supervisors, was authorized to execute the following amendments to agreements with the Orange County Job Training Partnership Agency: Amendment to Agreement No. 67-130 to extend contract period to September 30, 1984; Amendment to Agreement No. 67-131 transferring $60,000 from the Youth Recruitment Intake and Assessment Activity (RIA) to the Adult RIA, and to extend the contract period to July 31, 1984; Amendment to Agreement No. 67-152 to extend the contract period to July 31, 1984; and Amendment to Agreement No. 67-132, Administrative Cost Pool Contract, increasing amount to $314,726 and extending the period to July 31, 1984, as recommended by CSA/Special Programs Office. MOTION UNANIMOUSLY CARRIED BY BOARD MEMBERS PRESENT. AGREEMENT WITH CITY OF SAN JUAN CA.PISTRANO: On motion by Supervisor Riley, seconded by Supervisor Clark, the Clerk of the Board, on behalf of the Board of Supervisors, was authorized to execute a five-year agreement with the City of San Juan Capistrano, commencing July 23, 1984, for Orange County District Attorney services to prosecute violations of city ordinances, as recommended by the District Attorney. MOTION UNANIMOUSLY CARRIED BY BOARD MEMBERS PRESENT. RESIGNATION FROM ORANGE COUNTY COMMUNITY DEVELOPMENT COUNCIL BY MARTHA NEWKIRK: On motion by Supervisor Riley, seconded by Supervisor Clark, the resignation of tartha Newkirk from the Orange County Community Development Council Board of Directors as the Fifth District member, was accepted. MOTION UNANIMOUSLY CARRIED BY BOARD MEMBERS PRESENT. QFIOL3.2.3 (12n6l 0 IWIPROM ral SA 11 June 21, 1984 W. J. Morison, Administrative Officer Office of the. District Attorney P. O. Box 808 Santa Ana, California 92702 Re: Contract for Services District Attorney's Office Dear Mr. Morison: I A Enclosed are three signed copies of the Agreement for Prosecution Services between the City of San Juan Capistrano and the County of Orange. The Agreement was approved by the City Council at their meeting of June 19, 1984. After approval by the -Board of Supervisors, please return one fully -executed copy of the Agreement to this office for our files. Thank you for your cooperation. Very truly yours, rn� dX'X'� � MARY ANN HANOVER, CMC City Clerk MAH/mac Enclosures cc: City Manager n CECIL HICKS DISTRICT ATTORNEY JAMES G. ENRIGHT CHIEF DEPUTY DISTRICT ATTORNEY OFFICE OF 0 EDWARD J. MERRI LEES DIRECTOR, MUNICIPAL COURT OPERATIONS DISTRICT ATTORNEY EDGAR A FREEMAN ORANGE COUNTY COURTHoustECUM10"' SR.CAP RR CO RT OPERATIONS DIRECT R.j�ECIAL OPERATIONS P. O. sox 808 I I f J SANTA ANA, CALIFORNIA 92702 IL 3� 11 VV Telephone: (714) 834-3600 July 27, 1979 James S. Okazaki City Attorney City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92673 Dear Mr. Okazaki: (I 'r 'J I S"1' Enclosed is the executed Agreement for Prosecution Services for a five-year period commencing July 23, 1979. The Agreement was signed on Judy 17, 1979. WJM:as Enclosure r CENTRAL OFFICE NORTH OFFICE WEST OFFICE SOUTH OFFICE HARBOR OFFICE JUVENILE OFFICE 700 CIVIC CENTER DR. W. 1276 N. BERKELEY AVE. 0141 13TH STREET 30143 CROWN VALLEY PKWY, 6601 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 MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA July 17, 1979 IN RE: AGREEMENTS TEXACO ANAHEIM HILLS, INC. CITY OF ORANGE JOHN D. LUSK AND SON MEATS AVENUE EXTENSION On motion of Supervisor Clark, duly seconded and unanimously carried, the Chairman and the Clerk are authorized to sign the Agreement No. D78-056, dated July 17, 1979, between the County of Orange and the City of Orange coordinating the AHFP financing for construction of Meats Ave:rue; and Agreement No. D78-153 dated July 17, 1979, between the County of Orange, John D. Lusk & Son, a California corporation, Texaco Anaheim Hills, Inc., a Delaware Corporation, and the City of Orange for jointly financing said construction of Meats Avenue from Summitridge Drive to the Anaheim city limits. IN RE: AGREETiF;NT PARAMEDIC SERVICES CITY OF WESTMINSTER On motion of Supervisor Clark, duly seconded and unanimously carried, the Cha:i.ri1(ar1 and the Clerk are authorized to sign the Agreement, dated July 17, 1979, between the County of Orange and the City of Westminster providing paramedic service to Couni'y unincorporated islands within or adjacent to the City. IN RE: AGREEMENT PROSECUTION 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 Ju7_y 17, 1979, between the County of Orange and the City of San Juan Capistrano to provide services by the District Attorney for the prosecution of violators of city ordinances. )F1013 2.3 (12/76) • OFFICE OF 40 EDWARD J. MERRILEES DIRECTOR. PAL COURT OPERATIONS CECIL HICKS DISTRICT ATTORNEY EDGARA FREEMAN DISTRICT ATTORNEY DIRECTOR. SUPERIOR COURT OPERATIONS ORANGE COUNTY COURTHOUSE MICHAEL R. CAPIZZI DIRECTOR. SPECIAL OPERATIONS JAMES G. ENRIGHT P. O. BOX 808 CHIEF DEPUTY DISTRICT ATTORNEY SANTA ANA, CALIFORNIA 92702 Telephone: (714) 834.3600 June 7, 1983 'Y City of San Juan Capistrano - 32400 Paseo Adelanto i ~ (Z' San Juan Capistrano, CA 92673 Attn: City Attorney 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. SincereI W.J. o ison Admi ' trative Services Officer WJM: jb (215OD/0047D) (2151D/0047D) X P/Ty IV4A1/Va057<✓ 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. 0601 JAMBOREE BLVD. 301 CITY DRIVE SOUTH SANTA ANA, CA. 92701 FULLERTON, CA. 92631 WESTMINSTER, CA. 92683 LAGUNA NIGUEL, CA. 92677 NEWPORT BCH., CA. 92863 ORANGE, CA. 92666 CECIL HICKS DISTRICT ATTORNEY JAMES G. ENRIGHT CHIEF DEPUTY DISTRICT ATTORNEY • OFFICE OF • DISTRICT ATTORNEY ORANGE COUNTY COURTHOUSE P. O. BOX 808 SANTA ANA, CALIFORNIA 92702 Telephone: (714) 834.3600 May 6, 1982 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92673 Attn: City Attorney SUBJECT: Agreement for Prosecution Services Orange County. Dear Sir: EDWARD J. MERRILEES DIRECTOR. MUNICIPAL COURT 016RATIONf EDGAR A FREEMAN DIRECTOR. SU RESIGN 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 Auaitor-Controller. This review was accomplished and resulted in new rates which are effective July 1, 1982. 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 $37.75 $37.75 $34.00 per hour $15.00 per hour NEW RATE $40.00 $40.00 $36.00 per hour $16.00 per huur Please attach a copy of this letter to your original agreement for reference. Please call me at 834-3652 if you have any questions. VSinely, i?W . Morison tlministrative Services Officer WJM:jb (215OD/0047D) (2151D/00470) CENTRAL OFFICE NORTH OFFICE WEST OFFICE SOUTH OFFICE HARBOR OFFICE JUVENILE OFFICE 700 CIVIC CENTER DR. W. 1275 N. BERKELEY AVE. 6101 13TH STREET 30143 CROWN VALLEY PKWY. 6601 JAMBOREE BLVD. 301 CITY DRIVE SOUTH SANTA ANA, CA. 92701 FULLERTON, CA. 92631 WESTMINSTER, CA. 02583 LAGUNA NIGUEL, CA. 92677 NEWPORT BCH., CA. 02563 ORANGE, CA. 92569 _.ten rn Ln rM Ip oy the District Atto 4y of N Paragraph 7d of subject agreement states that rates for this service will be reviewed annually by the County Auaitor-Controller. This review was accomplished and resulted in new rates which are effective July 1, 1982. 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 $37.75 $37.75 $34.00 per hour $15.00 per hour NEW RATE $40.00 $40.00 $36.00 per hour $16.00 per huur Please attach a copy of this letter to your original agreement for reference. Please call me at 834-3652 if you have any questions. VSinely, i?W . Morison tlministrative Services Officer WJM:jb (215OD/0047D) (2151D/00470) CENTRAL OFFICE NORTH OFFICE WEST OFFICE SOUTH OFFICE HARBOR OFFICE JUVENILE OFFICE 700 CIVIC CENTER DR. W. 1275 N. BERKELEY AVE. 6101 13TH STREET 30143 CROWN VALLEY PKWY. 6601 JAMBOREE BLVD. 301 CITY DRIVE SOUTH SANTA ANA, CA. 92701 FULLERTON, CA. 92631 WESTMINSTER, CA. 02583 LAGUNA NIGUEL, CA. 92677 NEWPORT BCH., CA. 02563 ORANGE, CA. 92569 4, • OFFICE OF EDWARDJ. MERRILEES CECIL HICKS DISTRICT ATTORNEY DIRECTOR, MUNICIRAL COURT o"RATION= N DISTRICT ATTORNEY 1� •L,fp2avv#COURT oPCRnnoNs ORANGE COUNTY COURTHOUSEA R. CAPIZZI B'YRC C1 gi�y�}Ti oNs JAMES G. ENRIGHT P. O. BOX 808 LL ryPScgy �'y CHIEF DEPUTY DISTRICT ATTORNEY SANTA ANA, CALIFORNIA 92702 iJ �1R o'(7 r ' R Telephone: (714) 834-3600 S 4 fit 1 1 1 June 28, 1979 �:'-� I, City of San Juan Capistrano City Hall Attn: City Attorney 32400 Paseo Adelanto San Juan Capistrano, CA 92673 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: OLD RATE NEW RATE Referral (paragraph 7a) 27,59 30.00 Additional Prosecution (paragraph 7b) 27.59 30.00 Special Costs (paragraph 7c) 25.15 per hour 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, W. J. MORISON Administrative Services Officer WJM:aa 1 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 SOUTH SANTA ANA, CA. 92701 FULLERTON, CA. 92631 WESTMINSTER, CA. 97683 LAGUNA NIGUEL, CA. 92677 NEWPORT BCH., CA. 92663 ORANGE, CA. 92668 t 9 0 ` i o F ' V C3I I= - OFFICE OF tUDITOR-CONTROLLER June 27, 1979 TO: W. J. Morison, Admin District Attorney SUBJECT: 1979-80 Charge to Ci by the District Atto As provided in the standard agi to various cities, we have comb services provided by the Distr: of Municipal Code violations: Hourly Billing Rates Attorney III Attorney Clerk Cost Per Referral Attorney III Attorney Clerk Total If you require additional LJ:mn ve Services Officer V. A. HEIM AUDITOR -CONTROLLER FINANCE BUILDING 630 NORTH BROADWAY P. O. BOX $57 SANTA ANA, CALIFORNIA 92102 TELEPHONE: 934-2450 AREA CODE lf4 for Legal Services Performed ment covering legal services supplied ed the following 1979-80 rates for Attorney's Office for the prosecution $27.00 $12.00 1.0 hr. $27.00 5 hr. 3.00 $30.00 please call 834-6819. A. , Cost Section June 26, 1979 Mr. W. J. Morison Administrative officer Office of the District Attorney P. 0. Box 808 Santa Ana, California 92702 Re: Agreement for P tosecution Services Dear Mr. Morison:. At their meeting of June 20, 1979, the City Council approved the Agreement for Prosecution Services for the term ending July 23, 1984. Enclosed are two copies of the Agreement executed by the City. Upon execution by the appropriate County personnel, we would app�eciate the return of a fully - signed copy to this office. Thank you for your cooperation. :Very truly yours, (MRS) ANN HANOVER City Clerk MAH/Cj Enclosures cc: City Manager 32400 PASEO ADELANTO C SAN JUAN CAPISTRANO, CALI FORWA 92675 4' �PHPNE 493,1171' June 26, 1979 Mr. W. J. Morison Administrative officer Office of the District Attorney P. 0. Box 808 Santa Ana, California 92702 Re: Agreement for P tosecution Services Dear Mr. Morison:. At their meeting of June 20, 1979, the City Council approved the Agreement for Prosecution Services for the term ending July 23, 1984. Enclosed are two copies of the Agreement executed by the City. Upon execution by the appropriate County personnel, we would app�eciate the return of a fully - signed copy to this office. Thank you for your cooperation. :Very truly yours, (MRS) ANN HANOVER City Clerk MAH/Cj Enclosures cc: City Manager 0 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 April 24, 1979 James S. Okazaki City Attorney City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92673 Dear Mr. Okazaki: EDWARD J. MERRILEES DIRECTOR. MVNICIPAL COURT OPERATIONS EDGAR A FREEMAN DIRECTOR, SUPERIOR COURT OPERATIONS MICHAEL R. CAPIZZI DIRECTOR. SPECIAL OPERATIONS 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. If you have any questions, please call me at 834-3652. Sincerely, WA R Morison ministrative Officer WJM:aa Enclosures 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. 92660 OFFICE OF ' -CECIL 141CKS DISTRICT ATT®RNEY 6SI'RICT ATTORNEY ORANGE COUNTY COURTHOUSE JAMES G. ENRIGHT P. O. BOX 808 CHIEF DEPUTY DISTRICT ATTORNEY SANTA ANA, CALIFORNIA 92702 Telephone: (714) 834-3600 July 7, 1977 James S. Okazaki City Attorney City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 EDWARD J. j%ERRILEES OIRE2yoR. M9re PAL COURT OPERATIONS CIRECTO DP[JIORC��2 ovuwn9xa MICHA L R•.CA IZZI O 61R`C9AtC1.pJyP GR /.Tloxs 1(IVy./kj. ,ON 61 Vy1,ax WiL LYAKI,�. MOAISON ADMINIf TRAT�VF SERVICES OFFICER 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'1976, (see attached) and new rates will be effective July 1, 1977. Tule changes in the rates are su nre- rized below: OLD RATE NLW RATE Referral (paragraph 7a) 23.74 27,59 Additional Prosecution (paragraph 7b) 23.74 27.59 Special Costs (paragraph 7c) 22.07 per hour 25.15 per hour Special Costs (paragraph 70 6.69 per hour 9,77 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. v v C20 m rn s rn Sincerely, , , > e -jt W, J. Morison Administrative Services Officer WJM:mn Attachment C . iffy X <_ h'j 7�It��� CENTRA OFFICE ORTH OFFICE WEST OFFICE SOUTH OFFICE HARBOR OFFICE JUVENILE OFFICE 700 CIVIC CENTER DR. W. 1275 N. BERKELEY AVE. 6141 13TH STREET 30t43 CROWN VALLEY PKWY. 4601 JAMBOREE BLVD. 301 CITY DRIVE SOUTH SANTA ANA. CA. 92701 FULLERTON, CA. 92631 WESTMINSTER, CA. 92663 LAGUNA NIGUEL, CA. 92677 NEWPORT BCH.. CA. 92653 ORANGE, CA. 92668 TO: 0 1• LINTY ®F Ca E OFFICE OF AUDITOR -CONTROLLER June 8, 1977 V. A. HEIM AUDITOR -CONTROLLER FINANCE BUILDING 630 NORTH BROADWAY P. O. BOX 557 SANTA ANA, CALIFORNIA 92702 TELEPHONE: 634-2450' AREA CODE 714 File No. 756/411 W. J. Morison * Administrative Services Officer District Attorney SUBJECT: 1977/78 Charge to Cities for Legal Services Performed by the District Attorney In accordance with the standard agreement concerning legal services supplied to various cities, we have completed a cost analysis to determine rates for the cost of services provided by the District Attorney's Office, for the prosecu- tion of Municipal Code +lations. The computed rates include salaries, retirement contribu- tions, workers' compensation insurance, medical insurance, services and supplies, dpartmental and general county overhead and use allowance. The rates also include provision for anticipated cost increases in 77-78. The following rates as determined werelreviewed with you on June 2: Hourly Billing Rates Attorney III " '25.15 Senior Legal Clerk 9.77 Cost Per Referral Attorney III 1.0hr. 25.15 Senior Legal Clerk .25hr. 2.44 Total 27:59/ The estimated average referral time was provided by the District Attorney's Office. Thank you for your coope ation and assistance with this study. If you need.any additional information, please contact Mike Shumsky at 34-6243. /Lloyd A. Jacobson Supervisor, Cost Section MS:jm 0 R.E.THOMAS COUNTY ADMINISTRATIVE OFFICER o BOUNTY OF o "? COUNTY ADMIN ISTRA TION BUILDING Q 515 NORTH SYCAMORE STREET 0 ® RAN G E SANTA ANA, CALIFORNIA 92701 TELEPHONE. 034-2345 AREA CODE 714 COUNTY ADMINISTRATIVE OFFICE July 29, 1974 1 Mr. James Okazaki 888 N. Main, Suite 900 Santa Ana, CA Dear Mr. Okazaki: Enclosed is a copy of the AgreIOment between the County and San Juan Capistrano for prosec tion services. The Agreement was signed by the Board of Sup rvisors on July 23, 1974. Sincerely, j Daniel T. Miller County Administrative Office ni • MINUTES OF THE, BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA July 23, 1974 IN RF.: AUTHORIZE REIMBURSEMENT 1 SUBORDINATION OF DEED OF' TRUST TO EASEMENT DEED CANADA ROAD INTERCHANGE GREAT WESTERN SAVINGS AND LOAN ASSOCIATION on motion of Supervisor Diedrich, duly seconded and unanimously carried by Board members present, the County Auditor -Controller is auth- orized to issue his warrant in the',amount of $50.00 to Great Western Savi and Loan Association for costs in processing subordination of deed of trust to easement deed for the Canda Road Interchange, as recommended by the Road Commissioner and County Surveyor in his letter dated July 16, 1974. Right of Way Parcel No.,69295• IN RE: REPORT 1974 BOND FUND (PRIORITY PLAN OF EXPENDITURE On motion of Supervisor D�edrich, duly seconded and unanimously carried by Board members present, the report from the Harbors, Beaches and Parks Commission regarding the11974 Rind Fund Priority Plan of Expenditure is received and ordered filed. IN RE: COMPREHENSIVE REPORT FAMILY AND CHILDREN'S SERVICES ADVISORY COMMITTEE OF THEIORANGE COUNTY WELFARE DEPARTMENT On motion of Supervisor Bdker, duly seconded and unanimously carried by Board members present, (the Comprehensive Report to the Citizens ----- ' --- n.4.,i enrw Committee wa 5 g in S NIS fi Ju'iy 9, 1974 7x Mr. Daniel T. Miller Administrative Office County of Orange 515 North Sycamore.Street Santa Ana, California 92701 Dear Mr. Miller; Enclosed are the twocopies of the proposed agreement between the County and the Ciy of San Juan Capistrano for Prosecution Services which have been dulyexecuted by Mayor Byrnes. Please return one fully executed copy of the agreementafter processing by the Board of Supervisors. Thank you for your cooperation. Very truly yours, MARY ANN HANOVER f,y City Clerk mh Enclosures i xR _N �n �T 1 June 24, 1974 r of N G E COUNTY ADMINISTRATIVE OFFICE Mr. James Okazaki 888 North Main, Suite 900 Santa Ana, CA Dear Mr. Okazaki: L, R. E. THOMAS COUNTY ADMINISTRATIVE OFFICER COUNTY ADMINISTRATION BUILDING 515 NORTH SYCAMORE STREET SANTA ANA. CALIFORNIA 92701 TELEPHONE. 834-2345 AREA CODE 714 I am sending you two copies of the proposed agreement between the County and the City of San Juan Capistrano forjlProsecution Services. All of the agreements we have with cities for rosecution services are in this format. The changes shown in the proposed a reement are those that will be effective July 1, 1974. If you have any ques ions, feel free to contact me at 834-4755. Upon approval, please have both copies signed by the mayor and resubmit them to me for processing through the Board of Supervisors. mw Attachment 'ncerely, Daniel T. Miller County Administrative Office AD X919 JUN 2.� J1c, SAN ROY L. BYRNES, MAYOR - JAMES K. WEATHERS. MAYOR PRO -TEM YVON O. HECKSCHER. COUNCILMAN DOUGLAS B. NASH, COUNCILMAN JOHN B SWEENCY, COUNCILMAN f c a CiO PA",E.> ,\Oi LANTo� i\T�'P`APISTLt q NCI.: AL1I YJRQII? 9'_675 a 'l dr4V �f ?,Sy9 I KI J , Y,A e n July 9, 1974 Mr, Daniel T. Miller Administrative Office County of Orange 515 North Sycamore Street Santa Ana, California 92701 Dear Mr. Miller: PC DONALD G WEIDNIR 111Y 1,PN11R MARY ANN HANOVCF CITY CLERK Enclosed are the two copies of the proposed agreement between the County and the City of San Juan Capistrano for Prosecution Services which have been duly executed by Mayor Byrnes. Please return one fully executed copy of the agreement after processing by the Board of Supervisors. Thank you for your cooperation. Very truly yours., MARY N HANOVER City Clerk mh Enclosures FOC PRXIECUTION 5Z'VICcS G TMS •'•.GRE' i ;;: , ^ade and entered into by between the COUNTY OP P ,, ; 4 � p,� , GF_ a body politic and corporate, hereina£ designated as "COL::TY" 5 and the City of Nm Dort Beach a municipal corporation, 6 located in the County of Orange, hereinaft t de '.,n ted a "CITY". 71 iTITi`iL•'OSrT' g In consideraticn of the terms o ants, cond tions and promises 9 to be kept, performed *d observed y the parti hereto, it is agreed 10� as follows: 11 1. COUNTY, through its Di ict Attor ey and deputies, officers 12and employees of his �epartme shall r der to,CITY such services as 13 may be required.to prosecute v lation f CITY's ordinances in the 14 municipal courts. - 1S1 2. For the purpo e £ perfor, ng said functions, COMM shall 'e r 16: provide all manpower a pervis on ngcessa y to maintain the service e 17toto be rendered' hereunde /.8.1 3. The :Final - Iho?r ter or rendi Yin n£, _- __u cranri�rA_ of 19a performance,!and other matt -s in •denttto th perf rmance of such 20 service and Ithe tr�1 o COUNT rsZel hal remain in COUNTY. 21 4. CITY shal not e called upon o assu e any liability for the 22 direct payment of nyfi alaries, wa s of r compensation to any 23 COUNTY personnel er arming services re nder or any liability other 24 than that provided for by this Agre en Except as herein otherwise 25 specified, CITY all not be liable r compensation or indemnity to 26 any COUNTY employee for any injury or sickness arising out of his employ 27 ment. - - .28 $. COUNTY, its officers, agents and employees shall not be deemed 29 to have assumed any liability for the negligence of CITY or any of its • 30 officers or employees; and CITY shall hold CCL^1IY, its officers and 31 employees harmless £rmm any and all claims for damages resulting,there- 32 frcm. C:cro i � Neu /1!� ��� � �'7 �,� S�ct.T✓` 2 I 31 4i 5, 6 7 8 9 10 11 12 13 14 18 19 20 21 22 23 24 25 26 27 28 29 30 at 32 •. Both CI'r'i and COJGTY shallod each other harmless from liability for acts or omissions of the other. 7a. Referrals for comnlnin`s. CITY may refer suspected violatio- 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 7%4enty-Two Dollars and Seven Cents ($22=07) for each referral without regard to the issuance of a complaint. As used herein, a "referral" means an occurrence constituting an alleged violation of or 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 i the District Attornley, he will draft and prepare the complaint. When "not guilty" pleas 'tare entered on such complaints, the District Attorney will prosecute such cases through trial without further charge �L.01 except as rovid i\ Paragraph 7c erTi ein. 'N 7 ) /a 7b. Additional Prosecution. Trials of violations of CITY criminal ordinance will be prosecuted by the District Attorney on citations for parking and animal control violations and complaints issued in accordance with Paragraph 7a herein. Trials on complaints an, citations issued otlhen-7ise will not be tried by the District Attorney without the consent) of his deputy -in -charge of the branch office servild the judicial distr_6t in which CITY is located. The District Attorney has the right to de�termine that special ordinances of exclusively local concern should be prosecuted by the City Attorney. CITY agrees to pay COUNTY i:aent Two Dpllars and Seven Cents z37-�' y- ($1`t -) for each such prosecution except s? L p n provided in Paragraph 7c herein.% As used herein.,, "prosecution" meansithe District Attorney's appearance in court '--f ter j witnesses are subpoenaed on the first setting of one defendant's trial.i Where the CITY asks'the District Attorney to request dismissal before 1 subpoenas have been issued, no charge will be made. As prosecutor, the District Attorney hos the right to control the disposition of all 2. 1 4 5 6 7 a 9 10 it 12 13 14 15 16 e> u 17 V Is 19 20 2I 22 23 24 25 26 27 28 29 30 31 32 eocrplaints, trials, and appeals bcrein described in accordance with Lb., 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 cite- under CITY's parking�;dinances. 7c. Special costs. CITY may request the District Attorney to 1 file, answer, and.Litigaee appeals from convictions from CITY's ordinances. CITY agrees to.pay to COUNTY for such services on appeals YY 7 the sum of Twenty Dollars and. Fifty Cents ($20:50) per hour of attorney time and Six Dollars and Twenty -Six Cents (41A per hour of clerk typist's or stenographer's time. In addition to charges described in Paragraphs 7a and 7b herein, CITY agrees to pay COUNTY for all time, including preparation, spent in prosecutions in excess of one day, at the rate specified in this paragraph. 7d. -The above -'rates shall be reviewed annually by the COUNTY Auditor -Controller, and it ie it is determil"ed that a charge 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 beco= effective the following July 1. 8.. Within ten (10) days following the end of each calendar quarte COUNTY shall render to CITY a statement of the cost of services perfor= under this contract, and CITY shall pay COUNTY therefor within twenty (20) days after receipt of such statement. Such statement shall consis of the number of 'Referrals for complaints, Additional prosecutions, and itemized Special costs. If such payment is not received by the COUNTY within thirty (30) days after rendition of'billing, the COUNTY may.satisfy such indebtedness from any funds of the CITY on deposit wit the COUNTY without giving further notice to CITY of COUNTY's intention to do so. 3. 1 2 3 4 5 G 7 6 9 10 11 12 13 14 35 V 16 <. 0 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 a .e 9. This Agree-ment shall continue in full force and effect for ;1 term of rive (5) years, commencing July 10 19_7_3 provided that either party may terminate upon thirty (30) days' writcl notice. iN WITcTESS 1;j1F7E0r, 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:cl/%� Y /%� , 19 COUNTY OF ORANGE' a body politic' and corporate ATTEST: By. WILLIAM E. 1ST JOii:I County Clerk and fix -officio Clerk Z�irman or its -board oz Super - of said Board of'Supervisors visors THIS IS A FACSI`•ILE OF THE ORIGINAL SIGNATURE FILED IN By THE OFFICE OF THE CLERK. x Dep(uu y , - DATED: -%C.':{ .fir: , 19�"% ?/TY a klunicxpa.L Corporation ATTEST:- � L '-;•-ter+--•� �- Mayor Pro TemBy �. ityCl rk �`4�' C.P