TO:
Honorable Mayor and Members of the City Council
THROUGH:
Bruce Moe, City Manager
FROM:
George Gabriel, Assistant to the City Manager
SUBJECT:Title
Consider Request by Councilmember Napolitano and Mayor Pro Tem Franklin to Send a Letter Requesting a Change in the Government Code to Allow Cities to Prosecute State Misdemeanors When a County District Attorney Declines to Prosecute (City Manager Moe).
DISCUSS AND PROVIDE DIRECTION
Body
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RECOMMENDATION:
Staff recommends that the City Council discuss and provide direction regarding the request by Councilmember Napolitano and Mayor Pro Tem Franklin to send a letter requesting a change in the Government Code to allow cities to prosecute State misdemeanors when a county district attorney declines to prosecute.
FISCAL IMPLICATIONS:
There are no fiscal implications associated with the recommended action.
BACKGROUND:
Pursuant to the Brown Act, the City Council cannot discuss items not on an agenda unless under limited circumstances. The City Council has developed a process to allow individual Councilmembers to request, with the support of another Councilmember, that items be placed on a future agenda for City Council discussion. At that future meeting, the item is identified on the agenda in full compliance with the Brown Act. Discussion allows an opportunity to the public to provide input and the City Council, as a body, to decide whether: (1) City resources (staff time, etc.) should be incurred to present a more comprehensive report at a third City Council meeting; or (2) to provide direction that will not require additional staff time and City resources.
Accordingly, individual Councilmembers can initiate future agenda items by following the following process:
STEP ONE:
During “Future Agenda Items,” a Councilmember may request that an item be placed on the agenda. If another Councilmember concurs with placing the item on the agenda, the item is placed on a future agenda. At the request of Councilmember Napolitano and Mayor Pro Tem Franklin at the July 5, 2023 City Council meeting, staff has placed this item on this agenda for further discussion.
STEP TWO:
The item is placed on the agenda at the section titled, “City Council Requests and Reports Including AB 1234 Reports” at the end of the agenda with this report. If it does not require any staff time, there may be attachments (e.g., copies of ordinances, resolutions, contracts, etc. previously adopted or approved) to provide background or context. After discussion, the City Council has the following options:
a) Receive and File the report.
b) Direct staff to perform the necessary work to prepare a more comprehensive staff report and schedule the item for a future City Council meeting.
c) Provide direction that does not require additional staff time or City resources (e.g., prepare and send a letter).
d) Continue the item to a future date.
Typically, if additional staff time is required there would be a Step Three. In this case, if the Council decides to direct staff to send a letter to State officials requesting a change in the Government Code, staff would be authorized to send the letter at this time without an additional City Council meeting.
DISCUSSION/CONCLUSION:
Upon City Council consensus, staff will draft and send the letter to the appropriate state officials requesting a change in the Government Code to allow Cities to prosecute State misdemeanors when a county district attorney declines to prosecute.
LEGAL REVIEW:
The City Attorney has reviewed this report and determined that no additional legal analysis is necessary.