HomeMy WebLinkAboutAgenda Report - December 3, 2014 C-5AGENDA ITEM Cin 5
AM CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Approve Responses to the 2013-2014 Grand Jury Report Regarding Case
No. 1613
MEETING DATE: December 3, 2014
PREPARED BY:
City Manager
RECOMMENDED ACTION: Approve responses to the 2013-2014 Grand Jury report regarding
Case No. 1613.
BACKGROUND INFORMATION: The City received a Grand Jury report in June regarding City
Council responses to Grand Jury requests. The City Clerk's office
interpreted the report to require no response from the City.
However, the secretary to the Grand Jury believes one is due. That misunderstanding led to this report
being late. Once staff clarified the matter, they immediately prepared and agendized this draft response.
Staff has carefully reviewed Grand Jury Case No. 1613 and offers the attached response. Upon City
Council approval, the responses will be finalized and submitted to the presiding judge of San Joaquin
County Superior Court by December 4, 2014.
FISCAL IMPACT: Not applicable.
FUNDING AVAILABLE: Not applicable.
Attachment
APPROVED:
, City Manager
CITY COUNCIL
PHIL KATZAKIAN, Mayor
LARRY D. HANSEN,
Mayor Pro Tempore
BOB JOHNSON
JOANNE MOUNCE
ALAN NAKANISHI
December 3, 2014
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6700 / FAX (209) 333-6807
www.iodi.gov
Hon. Lesley Holland, Presiding Judge
San Joaquin County Superior Court
P.O. Box 201022
Stockton, CA 95201
STEPHEN SCHWABAUER
City Manager
JENNIFER M. ROBISON
City Clerk
JANICE D. MAGDICH
City Attorney
RE: Follow -Up Report to the 2013-2014 San Joaquin County Grand Jury
Case No. 1613
Dear Judge Holland:
The City of Lodi has reviewed the follow-up report to the 2013-2014 San Joaquin
County Grand Jury Case No. 1613, regarding City Council input on Grand Jury
responses. The Council has seriously considered Grand Jury finding 2.1 and the
accompanying Grand Jury recommendation applicable to the City of Lodi,
discussed the same with its professional staff and pursuant to Penal Code section
933.05, submits its comments as set forth below.
As required by Penal Code section 933(c), the Council's comments were
approved at the Council's regularly scheduled meeting of December 3, 2014.
Finding 2.1: Over the last four years, almost all responses by the County
and the Cities were approved by unanimous votes after little or no
discussion by the elected officials or the public.
City Response: Lodi agrees with this finding in part and disagrees in part. Lodi
agrees that the majority of its responses were approved unanimously. Lodi
further agrees that there was little literal discussion about the approvals.
However, focusing exclusively on literal discussion misapprehends the majority of
the legislative process. Legislatures speak through majority assent towards a
proposition. That proposition must necessarily be in written form. Each of Lodi's
responses over the four-year period were fully reasoned and explained in staff
reports and draft responses. Council, following review and consideration,
adopted each of those reasoned responses.
Recommendation 2.1: All legislative bodies publicly explain the reasons for
its response to Grand Jury Findings and Recommendations prior to voting
to approve their response.
City Response: The City already implements this recommendation. The
reasoning behind the response is fully detailed in the staff report to Council and
letter responding to the Grand Jury. Both are published as part of the City's
agenda in advance of the Council meeting and, following Council review and
consideration, adopted by the Council.
Please feel free to contact us if you have any further questions.
Respectfully,
Stephen Schwabauer
City Manager
cc: City Clerk
City Attorney