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Agenda Item
ASR
Control 25-000898 |
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MEETING
DATE: |
12/16/25 |
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legal entity taking action: |
Board
of Supervisors |
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board of supervisors district(s): |
4 |
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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: City of Stanton Agreement for
Prosecution Service
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ceo CONCUR |
County Counsel Review |
Clerk of the Board |
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Concur |
Approved
Agreement to Form |
Discussion |
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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: N/A |
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Current Fiscal Year Revenue: $1,450
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Prior Board Action: 10/31/2023 #2, 6/27/2023 #5, 2/26/2019
#S45C, 6/26/2018 #11 |
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RECOMMENDED
ACTION(S):
Authorize execution of the
agreement with the City of Stanton for Prosecution Services for a 30-month
period from January 1, 2026, through June 30, 2028, and direct Clerk of the
Board to return duplicate executed agreements to the Orange County District Attorney's
Office.
SUMMARY:
Approval of the 30-month agreement
with the City of Stanton will allow the Orange County District Attorney's
Office 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 Orange County District
Attorney's Office (OCDA) provides Prosecution Services to various cities within
Orange County (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 OCDA for a determination as to whether a criminal complaint should
be filed. Due to OCDA’s on-site staff
location at the criminal courts and expertise in criminal law, OCDA 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 $362.57 for each referral. In the event that the services performed for
a referral are in excess of one day, or if a City requests OCDA to file,
answer, and litigate appeals of convictions of violations of City ordinances,
OCDA will charge $216.67 per hour of attorney time and $145.90 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.
Below are the prior Board of
Supervisors (Board) actions:
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Board
Dates |
Agreement |
Cities |
Action |
Term |
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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 |
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October 31, 2023 |
Retroactive
Five-Year Agreement |
Laguna Beach |
Approved |
July 1, 2023 –
June 30, 2028 |
The City of Stanton is currently
utilizing the City Attorney to prosecute municipal code violations but has
requested the OCDA to provide these services to ensure administrative
efficiency and consistency.
OCDA requests the Board to
authorize execution of a 30-month agreement for Prosecution Services with the
City of Stanton for a 30-month period from January 1, 2026, through June 30,
2028, and direct the Clerk of the Board to return the duplicate executed
agreements to OCDA.
FINANCIAL
IMPACT:
Appropriations
and revenues related to this agreement are included in the District Attorney’s
FY25-26 budget and are estimated to amount to $1,450 in costs and offsetting
revenues in FY25-26 and $2,900 for the full calendar year based on the average
usage from other neighboring cities. The related appropriations and
revenues will be included in the budgeting process for future years.
STAFFING
IMPACT:
N/A
ATTACHMENT(S):
Attachment
A – Agreement for Prosecution Services
Attachment B – Government Code Sections 51301 and 51302
Attachment C – Contract Summary Form