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1985-0917_ORANGE, COUNTY OF_Terminating Agreement• RESOLUTION NO. 85-9-14 TERMINATING AGREEM NT WITH COUNTY OF ORANGE - Ts A RESOLUTION OF THCITY COUNCIL OF THE CITY OF SAN JUAN CAI ST NO, CALIFORNIA, TERMINATING AGREEMENT WITH COU TY OF ORANGE - PROSECUTORIAL LEGAL SERVICES WHEREAS, the Cityf San Juan Capistrano has entered into an agreement with the C unty of Orange providing for prosecutorial legal services to the City of San Juan Capistrano; and, WHEREAS, the City oesires to establish a new Code enforcement program providin for City Attorney enforcement of all Municipal Code violation . NOW, THEREFORE, BE i7' RESOLVED by the City Council of the City of San Juan Capistr no that the contract for prosecutorial legal services dated 1984, be terminated and that said termination be effectiv thirty (30) days from the date that the County of Orange receive notice of termination. PASSED, APPROVED September 1 1985 ATTEST: STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SAN JUAN CAPISTRANO ADOPTED this 17th day of ss. I, MARY ANN HANOV R, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Re olution No. 85-9-17-2 , adopted by the City Council of the Citi of San Juan Capistrano, California, at a regular meeting thereol held on the 17th day of September , 1985 , by t e following vote: AYES: Councilen Friess, Bland, Buchheim, Hausdor er and Mayor Schwartze NOES: None ABSENT: None I � (SEAL) MARY ANL HrANtG E�R,�CITY �l CLERK -1- 166 • • CITY ATTORNEY 1. AMENDMENTS Written Communications: Report dated September forwarding recommendati program be amended to a prosecution of Municipa the City Attorney; and, designated as infractic report forwarded a Resc contract with the Distx 30 -day notice; and, an violations as infractic minimum fines for zonir. the amount of fines fox the discretion of the c Termination of Distr It was moved by Coun Hausdorfer, that the NO. 8 CAPISTRANO, CALI COUNTY OF ORANGE The motion carried by AYES: Council Hausdor NOES: None ABSENT: None CODE ENFORCEMENT PROGRAM (418.1 7, 1985, from the City Attorney, ns that the City's Code enforcement sign full responsibility for Code Violations to the office of to provide that Code violations be s rather than misdemeanors. The ution terminating the prosecutorial ct Attorney's Office, including a rdinance designating Municipal Code S. The Ordinance further set forth and building Code violations, with all other Code violations left to urt. Mcontract: m, seconded by Councilman Resolution be adopted: YICVDbI. U"1'V1[1HL LZ"Ali DZAVI%. D - H ITY COUNCIL OF THE CITY OF SAN JUAN NIA, TERMINATING AGREEMENT WITH PROSECUTORIAL LEGAL SERVICES following vote: Friess, Bland, Buchheim, and Mayor Schwartze The contract will be tjrminated 30 days from the date the County of Orange recei es notice of the termination. Designation of Code Violations as Infractions: The City Attorney read the title of the Ordinance next in order. Further reading of all Ordinances had been waived earlier in the meeting It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer, that the following Ordinance be introduced: 1 OF THE MUNICIPAL CODE - V.LVLH"i"t VND UC' "1"lYL C1UN1L1Yµ1• %-UUG - AN VIWINPNUZ Vz' T CITY OF AN JUAN APISTRANO, CALIFORNIA, AMENDING SECTIONS 1-2.01 A D 1-2.03 OF TITLE 1, CHAPTER 2, OF -12- 9/17/85 TO L,1 0 2. CONTRACT FOR SERVICES OF CK(5 ) written Communications: ) Report dated June 19, 1984 Assistant, forwarding a fi services of the Orange Cou prosecuting Municipal Code that costs to the City hav Approval of Agreement: It was moved by Councilma Friess, and unanimously c with the County of Orange services for the period o and, to authorize the May agreement on behalf of th 'S OFFICE - from the Senior Administrative e -year renewal agreement for the ty District Attorney's Office in violations. The report advised been less than $200 per year. Schwartze, seconded by Councilman rried to approve the agreement for the District Attorney's July 23, 1984, - July 23, 1989; r and City Clerk to execute the City. (V/rjf,��1 AGENDA ITEM TO: Stephen B. Julian, Ci FROM: Pamela Hallan Gibson, SUBJECT: Contract for Services Prosecution of Munici SITUATION: The City of San Juan Capistrano Attorney's Office for the prosec larly those referring to traffic five-year contract is due to exp agreement is attached which woul There are no proposed changes to either party within thirty (30) ISSION/BOARD REVIEW AND None. FINANCIAL CONSIDERATIONS: The agreement was amended last to the City has been minimal, 1 TERNATE ACTIONS: 0 June 19, 1984 Manager for Administrative Assistant the District Attorney's Office - Code Violations ntracts with the Orange County District ion of Municipal Code violations, particu- nd animal control. The City's current e July 23. A proposed five-year renewal extend this service to July 23, 1989. he agreement which can be terminated by ION: ar to reflect an increase in costs. Cost s than $200 per year. 1. Accept and approve the attac ed agreement, and authorize the Mayor and City Clerk to execute tht agreement for prosecution services with the County of Orange fo the period of July 23, 1984 through July 23, 1989. RECOMMENDATION: Accept and approve the attached greement, and authorize the Mayor to execute the agreement for prosec tion services with the County of Orange for the period of -July 23_-1984 through July -23_ 1989- ------ ----- ----- Respectfully Submitted, Pamela Hallan Gibson PHG/fwm Attachments FOR CITY COUNCIL AGENDA - 5 6 7 11 12 13j 14 J. W� o�; 15 Wyy W 16 Y � W W � _ 'oc 17 W IB 19 20 21 22 23 24 25 n H 26 N O 27 n ® 28 3S:sc /25/83 AGREEMENT FORIPROSECUTION SERVICES THIS AGREEMENT, made and entered into by and between the COUNTY OF ORANGE, a body politic and corporate, hereinafter designated as "COUNTY,"i and the City of San Juan Capistrano , a municipal corporation, I located in the County of Orange, hereinafter designated as "CITY." i 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 muni- cipal 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 em- ployment. 5. COUNTY, its officers, agents and employees shall not be deemed to have assumed any liability or the negligence of CITY or any of its 1. :U, 1 officers or employees; and CIT' i 2i employees harmless from any an, 3I from. 4 6. Both CITY and COUNTY 5 liability for acts or omission 6 7. (a) Referrals for Co: 7 lations of its criminal ordina, 8 termination as to whether a cr 9 agrees to pay COUNTY the sum o 10 ($43.50) for each referral, wi 11 As used herein, a "referral" m 12 leged violation of one or more 13 will provide investigation, re 14ditional evidence as requested W. Wt o;2 15 where prosecution is authorize WOO 4;0 16 and prepare the complaint. Wh o=: �0 17 complaints, the District Attor IS trial without further charge, 19 herein. 20 (b) Additional Pros 21 criminal ordinances will be pr 22 citations for parking and anim 23 issued in accordance with Para 24 and citations issued otherwise 25 torney without the consent of n 2 26 serving the judicial district V n n 4 27 Attorney has the right to dete ® 28 sively local concern should be /26/83 C shall hold COUNTY, its officers and all claims for damages resulting there - 11 hold each other harmless from of the other. faints. CITY may refer suspected vio- es to the District Attorney for a de- 1nal complaint should be filed. CITY Forty-three Dollars and Fifty Cents .out regard to the issuance of a complaint, ns an occurrence constituting an al- ITY ordinances by one person. CITY arts, copies of its ordinances, and ad - ,y the District Attorney. In cases by the District Attorney, he will draft "not guilty" pleas are entered on such y will prosecute such cases through :cept as provided in Paragraph 7(c) tion. Trials of violations of CITY cuted by the District Attorney on control violations and complaints ph 7(a) herein. Trials on complaints 11 not be tried by the District At - deputy -in -charge of the branch office which CITY is located. The District ne that special ordinances of exclu- osecuted by the City Attorney. CITY 2. 1 2 3 4 5 6 YI 8 9 10 11 12 13 14 W T W. 15 � WEo U 16 LLZO O=ff oa 17 18 19 20 21 22 23 24 25 r 26 N N O 27 LL ® 28 •26/83 • I • 8. 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 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 indebte ness from any funds of CITY on deposit with COUNTY without giving furt er notice to CITY of COUNTY's intention to do so. 9. Upon execution of thi agreement, CITY shall provide two (2) copies of their municipal ordi. will further provide the Distr additions, deletions, or corre may occur during the term of t 10. This Agreement shall term of five years 19 84 , provided that either pa written notice. IN WITNESS WHEREOF, COU cuted by the Chairman Of its Clerk of said Board, and CITY ces to the District Attorney. CITY Attorney with complete details on any ons to the municipal ordinances that s agreement. ontinue in full force and effect for a , commencing July 23 , y may terminate upon thirty (30) days' has caused this Agreement to be exe- d of Supervisors and attested by the caused this Agreement to be executed 4. 5 6 7 8 9 10 11 12 13 14 W, p2J 15 J W o U 16 0_� Jo 0 17 U is 19 20 21 22 23 24 25 26 H 0 27 r ® 28 agrees to pay COUNTY Forty-thr each such prosecution except a used herein, "prosecution" mea. Court after witnesses are subp fendant's trial. Where the CI dismissal before subpoenas hav As prosecutor, the District At position of all complaints, tr accordance with the duties of tion, reports, citations, copi evidence necessary for trial a This includes, but is not limi registration information and o licensing of vehicles cited un (c) Special Costs. to file, answer, and litigate ordinances. CITY agrees to pa the sum of Thirty-nine and no/l time and Eighteen and no/100 D or stenographer's time. In ad 7(a) and 7(b) herein, CITY agr preparation, spent in prosecut specified in this paragraph. (d) The above rates Auditor -Controller and, if it is necessary to reflect change CITY of such change prior to J effective the following July 1 Dollars and Fifty Cents ($43.50) for provided in Paragraph 7(c) herein. As the District Attorney's appearance in aaed on the first setting for one De- � asks the District Attorney to request been issued, no charge will be made. rney has the right to control the dis- .ls, and appeals herein described in .s office, CITY will provide investiga- of its ordinances, and additional requested by the District Attorney. �d to, Department of Motor Vehicles' 'icial documentation of ownership and !r CITY's parking ordinances. !ITY may request the District Attorney Ppeals from convictions from CITY's to COUNTY for such services on appeals Dollars ($39.00) per hour of attorney .lars ($18.00) per hour of clerk typist's .tion to charges described in paragraphs �s to pay COUNTY for all time,including ms in excess of one day, at the rate all be reviewed annually by COUNTY determined that a change in the rate costs to COUNTY, COUNTY shall notify 30th and the change shall become /26/8311 1 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 W� 15 0V W O V LL�W 16 4Z O OZ� o' 17 � 0 18 19 20 21 22 23 24 25 26 n N 0 27 LL by its Mayor and attested by their respective signatures. DATED: JUL 10 1984 SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Linda D. Roberts Clerk of the Board of Supervis APPROVED AS TO FORM: ADRIAN KUYPER, COUNTY COUNSEL By DATED: J .2 7- k DATED: ATTEST: By Mary Ann Hanover, CMC City Clerk on the dates set opposite I i COUNTY OF ORANGE, a political subdi- vision of the State of %Chaof California irman its BoaL of Supervisors'; City of San Juan Capistrano A Municipal Corporation By Mayor Gary L. ausdorfer 5. Approved as to Form: mes S. Okazaki, ity Attorney