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
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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 -
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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
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o=:
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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
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/26/83
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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
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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
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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
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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