HomeMy WebLinkAboutAgenda Report - January 16, 1985 (84)RES. ND. 85-10
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CITY COtNCIL METING
JANUARY 16, 1985
I;ES. ATXX"TM
Following introduction of the rrxztter by Staff, Council, on
OFFERINU REWARD
motion of Council Nienber Reid, Hinchmav'second, adopted
FCS; INFMIATIC-V
Resolution No, 85-10 authorizing a reward in the xmunt of
LFIADI% TO TITS
$250.00 for information leading to the detennination of, the
DET104IIWTION OF,
IDE,TrIFY OF,
identity of, and the apprehension of, any person who
willfully drrzages or destroys any property of the City of
ANi)'RIE APPRE--
Lodi.
HENS ICI OF
_
PE SCNS Im WILL-
FULLY DADS OR
DES= PRCY_'EI LTY
OF THE CITY OF
au l
RES. ND. 85-10
1~IEMORANDUM
To.
-From:
Date:
Re.
Honorable Mayor and Council Members
City Attorney
January 9, 1985
Reward for Information - Damages to City Property
Attached hereto is a -copy of a draft resolution regarding the
offering of a reward for information leading to the determination
of the identity of and the apprehension of persons who willfully
damage or destroy any property of the City of Lodi.
Attached hereto, also, are copies of the code sections which enable
the city to pass said resolution.
In speaking with Ed DeBenedetti, Parks and Recreation Director, he
suggested that the City of Lodi enter into the same type of
program. I have taken the liberty of speaking with the Police
Chief and other department heads regarding this possibility and
have received very favorable comments regarding same.
If you have any questions regarding this matter, please contact me.
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Ronald M. Stein
City Attorney
RMS :jj
RESOLUTION NO. 85-10
RESOLUTION AUTHORIZING A REWARI? IN THE A %3OUNT OF TWO _
HUNDRED FIFTY AND NO1100 ($250) DOLLARS FOR INFORMATION
LEADING TO THE DETERMINATION OF THE IDENTITY OF AND THE
APPREHENSION OF ANY PERSON WHO WILLFULLY DAMAGES OR
DESTROYS ANY PROPERTY OF THE CITY OF LODI
WHEREAS, the City is authorized by Government Code Section
53069.5 to offer and pay a reward in an amount to be determined by
the City Council for information leading to the identification of
and apprehension of any person or persons willfully damaging and
destroying public property, and
WHEREAS, said Section also authorized civil recovery for
repayment of the reward '.. the City from the person or persons
responsible for such damage and destruction, and
WHEREAS, vandalism, resulting in damage and destruction of
City property, has been increasing and there is a need to institute
remedial action to curb these willful and wanton acts, and
WHEREAS, the City Council finds that the offer of a standing
reward may expedite and lead to the identification of and
apprehension of the person or persons responsible for these acts of
vandalism and tend to dissuade further damage to public property;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Lodi as follows:
1. In the public interest, a standing reward in the stun of
TWO I-INDRED FIFTY AND N01100 ($250) DOLLARS is hereby
established for information leading to the determination
of the identity of and apprehension of the person or
persons responsible for each willful act of damage
2.
3.
4.
5.
6.
and/or destruction of any City property, effective
immediately.
In order to be eligible for said reward, the individual
furnishing said information must testify or be willing
to testify at any hearing o: trial held to determine the
guilt or Liability of the person ar persons alleged to
be responsible for each willful act of damage or
destruction to City property. Said testimony shall be
as to any fact or circumstance furnished to the
representative of the City.
Each reward payment shall be charged against the General
Fund, upon certification from the City Manager that
entitlement has been properly established.
The offer of reward shall be posted in conspicuous
public places throughout the City of Lodi, as the City
Manager shall direct, and shall be widely distributed to
the news media within this area.
The officers and einployees of the City of Lodi, members
of their immediate family, and their kindred to the
fourth (4th) degree are excluded from claiming this
reward.
The Mayor is authorized to sign and execute this
resolution and the offer in such form as shall be
posted; and the City Clerk is instructed to attest the
signature of the Mayor and affix the City's corporate
seal thereon.
Dated: January 16, 1985
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P
I hereby certify that resolution No. 85-10
was passed and adopted by the City Council
of the City of Lodi in a regular meeting
held January 16, 1985 by the following vote: _
Ayes: Council Members - Hinchman, Pinkerton,
Olson, Reid, and
Snider (Mayor)
Noes: Council Members - None
Absent: Council Members - None
Attest:
A ice "1. 1 R e i m c h e
City Clerk
0
John Randy Snide
Mayor
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2 MISCELLANEOUS § 53069.6
Title 5
->1
Library References
:d. Any bids re-
'.'
••::uti«•s G1 ;�. C.S.S. Counties § 234.
i the notice shall
::
i:::,i, ipai corporations «SS3. C.S.S. municipal Corporations § 1883.
:;.
53069.5. Reward for information concerning person causing
'
death, injury or preperty damage; liability for
Irporntions § 993 et
s'
:�;
reward
rx
A local agency, as defined in Section 54951, may offer and pay a
nc „rd, the amount thereof to be determined by the local agency, for
it-of-way, etc. to
r c)rmation leading to the. determination of the identity of, and the
' Iemnify grantor,
:'nl•ehension of, any person whose willful misconduct results in inju-
'-''
or death to any person or who willfully damages or destroys any
county, city and
-:'operty.
It, lease, license,
Ai-i% person whose willful misconduct has resulted in injury or
i and county or
_
death to any student or any person employed by or performing volun-
emnify and hold
;, 1
eer services for a local agency or who has willfully damaged or de-
,ree to repair or'
$ .
>I f•oyed any property of a Iocal agency or any property of any other.
the uses autho-
s'><=;-
,,.'al agency or state or federal agency located within the boundaries
:)r right-of-entry g r1'
;�4.
:i the local agency shall be liable for the amount of any reward paid
district, public
w"ursuant to this section and if he is an unemancipated minor his par-
t'r:l or guardian shall also be liable for the amount.
'!
1,icieci bv Stats.i969, c. 1324, p. 2669, § 1. Amended by Stats.1971, c. 186,
a'? :
')55. §1; Stats.1974, c . 1062, p. 2286, § 2; Stats.1976, c. 326, p. 907, § 1.)
of, the preexisting
Historical Note
Ti.:. 1971 amendment included property The 1976 amendment substituted in the
' •+ti:,•r local agencies and state of Feder- first It. following "injury or
':1
V
:: • n, i••s, d« ath", the preseu': pro-isious for the
precious text which read "to any student
'I'i:e
►erlTlaSient StruC-
iiY%
1!1-,4 amendment included the re- or any person employed by or performing
:Onsent Of oliy7ter
ar.f for iuiorination leading to the ai' coluuteer services for the local agency or
6rnsivt of prrson, w�herebv wilful mis-
XV Ito willfully datnages or destroys any
de for the use of
'
^n•in• 1• illjun ur death to snldent, em-
c«+ or volunteer results: made such property of the local . n[v or any prop-
any other local agency or state or
scribed material
erty of
"r>•.,1 L'ahl«• anti if such person is uu-
:::,I,,a1,:,l,.,i such minor's fe'ieral 11genoy located within the bounda-
located on pub-
-
nlittor• nlsde ries of the local agency.".
;,:,r• nt or gu:,rhat, also liable.
county.'
S 513069.6. Actions to recovercivil damages for damaging or
if the graffiti or
-
• or repair of a
taking of property
Each local agency, as defined in Section 54951, shall take all
Practical and reasonable steps to recover civil damages for the negli-
ding by the city
lent• willful, or unlawful damaging or taking of property of the local
al is obnoxious,
'ter
agency, including the institution of appropriate legal action.
securing the
r the structure,
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Added by .Stats.1971, c. 1522, p. 3001, § 2.)
after securing
Library References
t •„11I,Ues Gil)7, C—S. Counties § 10.
37
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CIN
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