Agenda Item   



                                                                                                                        ASR Control  23-000855




legal entity taking action:

Board of Supervisors

board of supervisors district(s):


SUBMITTING Agency/Department:

District Attorney   (Approved)

Department contact person(s):

Matthew Pettit (714) 347-8440 



Keith Bogardus (714) 347-0511



Subject:  Approval of Retroactive Agreement for Prosecution Services


     ceo CONCUR

County Counsel Review

Clerk of the Board


Approved Agreement to Form

Consent Calendar



3 Votes Board Majority




    Budgeted: Yes

Current Year Cost:  N/A

Annual Cost: N/A




    Staffing Impact:


# of Positions:           

Sole Source:   No

    Current Fiscal Year Revenue: $1,000

   Funding Source:    Other: Fees: 100%

County Audit in last 3 years: No

   Levine Act Review Completed: N/A


    Prior Board Action:         6/27/2023 #5, 2/26/2019 #S45C, 6/26/2018 #11, 5/19/2015 #5




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.







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.







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:


Board Dates





May 19, 2015

Five-Year Agreement

Laguna Woods


July 1, 2015 – June 30, 2020

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


July 1, 2018 - June 30, 2023

February 26, 2019

Five-Year Agreement

Laguna Hills


March 1, 2019 – February 28, 2024

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


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.



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.






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.










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