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Agenda Item
ASR
Control 23-000855 |
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MEETING
DATE: |
10/31/23 |
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legal entity taking action: |
Board
of Supervisors |
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board of supervisors district(s): |
5 |
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SUBMITTING Agency/Department: |
District
Attorney (Approved) |
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Department contact person(s): |
Matthew
Pettit (714) 347-8440 |
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Keith
Bogardus (714) 347-0511 |
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Subject: Approval of Retroactive Agreement
for Prosecution Services
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ceo CONCUR |
County Counsel Review |
Clerk of the Board |
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Concur |
Approved
Agreement to Form |
Consent
Calendar |
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3
Votes Board Majority |
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Budgeted: Yes |
Current Year
Cost: N/A |
Annual Cost: N/A |
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Staffing Impact: |
No |
# of Positions: |
Sole Source: No |
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Current Fiscal Year Revenue: $1,000
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Prior Board Action: 6/27/2023 #5, 2/26/2019 #S45C,
6/26/2018 #11, 5/19/2015 #5 |
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RECOMMENDED
ACTION(S):
Authorize execution of the
retroactive agreement with the City of Laguna Beach for Prosecution Services
for the five-year period from July 1, 2023, through June 30, 2028, and direct
Clerk of the Board to return the duplicates to the Office of the District Attorney.
SUMMARY:
Approval of the five-year
retroactive agreement with the City of Laguna Beach will allow the Office of
the District Attorney to provide services for a fee for the prosecution of
adult violators of city ordinances pursuant to Sections 51301 and 51302 of the
Government Code.
BACKGROUND
INFORMATION:
The Office of the District Attorney
(DA) provides Prosecution Services to various cities within Orange County for
the violators of city ordinances pursuant to Sections 51301 and 51302 of the
Government Code. These Agreements
provide for each City to refer suspected violations of its criminal ordinances
by persons 18 years or older to the DA for a determination as to whether a
criminal complaint should be filed. Due
to the DA’s on-site staff location at the criminal courts and expertise in
criminal law, the DA offers this service as a more efficient alternative for
the cities than utilizing their own city attorney or other legal staff. Each City will pay the County $301.43 for
each referral. In the event that the
services performed for a referral are in excess of one day, or if a City
requests the DA to file, answer, and litigate appeals of convictions of
violations of City ordinances, the DA will charge $183.74 per hour of attorney
time and $117.69 per hour of clerical support’s time. The fees are based on a
cost study prepared by the Auditor-Controller and are updated annually, as
stipulated in the agreement. During FY
2021-22, the participating twelve (12) cities made sixty (60) referrals to the
DA’s office, totaling revenue of approximately $16,535.
Below are the prior Board of
Supervisors (Board) actions:
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Board
Dates |
Agreement |
Cities |
Action |
Term |
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May 19, 2015 |
Five-Year Agreement |
Laguna Woods |
Approved |
July
1, 2015 – June 30, 2020 |
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June 26, 2018 |
Five-Year Agreement |
Irvine,
Laguna Niguel, Orange, Cypress, Dana Point, La Habra, La Palma, Laguna Beach,
Los Alamitos, Newport Beach, Seal Beach, Tustin, Villa Park, Westminster,
Yorba Linda |
Approved |
July 1, 2018 - June 30, 2023 |
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February 26, 2019 |
Five-Year Agreement |
Laguna Hills |
Approved |
March
1, 2019 – February 28, 2024 |
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June 27, 2023 |
Five-Year Agreement |
Cypress, Dana Point, Irvine, La Habra,
La Palma, Laguna Niguel, Newport Beach, Seal Beach, Tustin, Villa Park,
Westminster, Yorba Linda |
Approved |
July 1, 2023 – June 30, 2028 |
The City of Laguna Beach did not
return their agreement in time to be included with the Board's approval of the
prosecution services agreements on June 27, 2023.
The DA requests the Board approve
the retroactive agreement with the City of Laguna Beach as referenced in the
Recommended Action.
Subcontractors
This Agreement does not include
subcontracts or pass through agreements to other providers. See Attachment D
for Contract Summary Form.
This Agreement is being presented to the
Board retroactively due to the time needed for the City of Laguna Beach
government to approve the Agreement through its internal review processes. All Agreements for Prosecution Services have
been approved by their respective City Council, except in some cases where a
City Manager or Chief of Police have signed.
FINANCIAL
IMPACT:
Appropriations and Revenue related
to this Agreement are included in District Attorney’s FY 2023-24 Budget and
will be included in the budgeting process for future years.
STAFFING
IMPACT:
N/A
ATTACHMENT(S):
Attachment
A – Agreement with City of Laguna Beach
Attachment B – Agreement - Redline
Attachment C – Government Code Sections 51301 and 51302
Attachment D – Contract Summary Form