HomeMy WebLinkAbout06 PROSECUTION SVCS 08-18-03AGENDA REPORT
Agenda Item
Reviewed:
City Manager
Finance Director
6
MEETING DATE: AUGUST 18, 2003
TO:
FROM:
SUBJECT:
WILLIAM HUSTON, CITY MANAGER
ELIZABETH A. BINSACK, COMMUNI'FY DEVELOPMENT DIRECTOR
PROPOSED PROSECUTION SERVICES AGREEMENT WITH THE
DISTRICT ATTORNEY
SUMMARY
The agreement for prosecution services with the District Attorney expired on July 30, 2003.
The District Attorney's office generally prosecutes Penal, Health and Safety, and Vehicle
Code violations referred by the Tustin Police Department. If referred by the City, the
District Attorney's office may also prosecute violators of the Tustin City Code. The
proposed term of the agreement is for a five-year period.
RECOMMENDATION
That the City Council authorize the Mayor to execute a Prosecution Services Agreement
with the Orange County District Attorney.
FISCAL IMPACT
Under the agreement, the District Attorney will prosecute City violations for animal
control with no charge to the City. The cost for other prosecutions will be $126.00 for
each referral, except for special appeal services which will be charged at an hourly rate
of $109.00. The rates in the 1998 agreement were $73.00 and $65.00, respectively.
BACKGROUND
In July 1993 and June 1998, respectively, the City entered into agreements with the
County of Orange District Attorney permitting the City to refer violations of City
ordinances for prosecution by the District Attorney. Since the most recent agreement
expired, a new five-year agreement is attached for City Council consideration. The
agreement gives the City the option of referring Tustin City Code violations to the
District Attorney. The District Attorney will continue to prosecute State criminal
violations at no cost to the City. In addition, the agreement provides that the District
Attorney will prosecute City violations for animal control citations at no charge to the
City.
City Council Report
Prosecution Services Agreement
Page 2
The City Attorney's office prosecutes the Tustin City Code violations related to code
enforcement; however, the agreement would provide the flexibility for the District
Attorney's office to prosecute some code enforcement matters if deemed necessary by
staff or if the City Attorney's office had a conflict of interest.
Provisions of the agreement provide either party the ability to terminate upon 30 days
written notice.
Elizabeth A
Community Development Director
Attachment: Agreement for Prosecution Services
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AGREEMENT FOR PROSECUTION 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 TUSTIN ,
a municipal corporation, located in the County of Orange (hereinafter designated as "CITY").
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 manpower 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 and exclusive authority to detemdne whether a
criminal complaint shall be filed and determining 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 perforating 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 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 shall hold COUNTY, its
officers and employees harmless from any and all claims for damages resulting therefrom.
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of the other.
7.
Both CITY and COUNTY shall hold each other harmless from liability for acts or omissions
(a) Referrals for Complaints. 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.
($126.00) . .
CITY agrees to pay COUNTY the sum of one hundred twenty-six/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, 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. The District Attorney will prosecute CITY citations for
animal control violations with no charge to CITY. 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 his deputy-in-charge of the branch office 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 one hundred twenty-si~x~o2r6da0cC~ PrOsecutiOn of a CITY citation (other than
animal control violations) and each prosecution of a CITY complaint not issued pursuant 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) Special 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 to COUNTY for such
($109.00)
services on appeals the sum of one hundred nine / per hour of attorney time and seventeen
($17.00) per hour of clerk typist's or stenographer's time. In addition to charges described in paragraphs
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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 June BOth, and the change shall become effective the following
July 1st.
8. Within ten (10) 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
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) 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, 2003 and terminating on June 30, 2008
provided that either party may terminate upon thirty (30) days' written notice. Texmination of this
agreement shall not affect the duties ofthe parties that extend beyond the temp.
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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: ,2003
SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS
BEEN DELIVERED TO THE
CHAIRMAN OF BOARD
"COUNTY"
COUNTY OF ORANGE, a political
subdivision of the State of California
By
Chairman of the Board of Supervisors
DARLENE J. BLOOM
Clerk of the Board of Supervisors
Of Orange County, California
APPRO' [IxAS TO FORM:
t' ' John H. / ~bbott, Senior D
OdS-~ j ¢ ~ ,2003
L
mty
"CITY"
Dated:
ATTEST:
,2003
By
CITY OF TUSTIN
a municipal corporation
Mayor
By
City Clerk
OFFICE OF THE
DISTRICT ATTORNEY
O _R~'4G~,COUNTY, CALIFORNIA
TONY RACKAUCKAS, DISTRICT ATTORNEY
July 2~, 2003
CITY OF TUSTIN
Arm: City Attorney
?01 $. Parker St., Suite 7000
Orange, CA. 9'2668
AGR.EEIV[E~Tr FOR. PROSECUTION SERVICES BY
~ DIgTRICT ATTORNEY O1~ ORANOE COUNTY
To Whom It May Coach-a:
Para.~ah 7d ofmbject agreemmt stat~ that rat~ for ~s s~ will be ~ ~u~ly by ~ ~
AMiwr-Con~ll~. ~s ~ ~ ~~ ~d ~ ~ n~ ~ which ~ e~fi~ J~y 1,
2~3. F~ ~ ~o~ ~e ~t ~m w~ up~t~ ~ ~ ago ~ ~ 2~1-2~2. ~ ~
c~ges ~ ~~ below:
OLD RATE
0m. 07/01/01)
NEW RATE
(Eft. 0?lOl/0a)
Rr. fm~l (ParasraOh
Additioaal Pros~ution (Pa~ph ~)
$99.00 $126,00
S99.00 $126.00
S_m~ial Costs (Attorney_ l]~ (Paragraph 7c) $86.00/hr. $109.00/hr.
$omialCo~ ~ Clinical} (ParalFaph 7c) $52,00/hr, $17.00/'m'.
Please attach a copy of this letter to your original Nlnmment for reference. If you have any questions,
phase " -~m,-~t.(~t4,14t,:~-~a6,--. -
Sinccrely,
Kim Dinh
Mm~s~r, Fiscal Serviccs