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...
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