HomeMy WebLinkAboutAgenda Report - May 5, 1993 (55)1
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CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: Discussion Regarding Proposed Court Funding
MEETING DATE: May 5, 1993
PREPARED BY: City Attorney
RECOMMENDED ACTION: Council consideration and possible direction.
BACKGROUND: As outlined by San Joaquin County District Attorney
John Phillips at the shirtsleeve session of April 27,
1993, plans have been made to close the three
branch offices of the District Attorney in Lodi, Tracy and Manteca due to
budget cuts. In preparation for those closings, the City has been informed by
Mr. Phillips that beginning Monday, May 3, 1993, all prosecutions will be filed
in Stockton courts, rather than the Lodi Municipal Courts, and certain
misdemeanors will not be prosecuted at all.
This will have an immediate and dramatic impact on us.
First, Lodi Police officers will be required to appear in Stockton for
misdemeanors and felony preliminary hearings. Overtime can be expected to
increase substantially. The second consideration not previously discussed
involves booking fees. San Joaquin County now charges other cities booking
fees for all prisoners booked. In the past, we have had an arrangement whereby
County prisoners awaiting court proceedings in Lodi Municipal Court were held
in the City jail. we did not charge the County for this service, and in turn
the County waived booking fees for Lodi's prisoners at the County jail. It
appears that will change because if no prosecutions occur here, the County will
have no need to house prisoners in the Lodi jail. As soon as currently pending
cases are handled (probably in the next two months), we can expect the County
to then begin charging booking fees for City prisoners.
As discussed at the shirtsleeve session, options are limited; the City can ask
the County Board of Supervisors and State legislators to restore the District
Attorney's budget cuts, and this should be considered. However, I feel we
should also meet with Mr. Phillips again to explore other possibilities. It
may be more practical and provide better coverage County -wide to evaluate each
case for prosecution individually rather than decide in advance that only
certain types of cases will be prosecuted, and to close all branch offices.
00
APPROVED. —. C
THOMAS A. PETERSON wytled paper
City Manager o
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Discussion Regarding Proposes Coquet Funding
Kay S. 1991
Page Two
Concerna have, also been ompresood about the budget numbers provided, initial
figures indicated a 22t cut, but the 111striCt Attarney's total budget is around
$14 million. lir. Phillips stated the cuts amount to about f1.S million.
equating to a 10.7% cut, rather than 22%. This raises thou question of whether
a total closing of three branch offices is necessary or justified. This may
also be a topic of discussion with the Board of Supervisors.
The Council may also wish to discuss Xr. Phillips' offer to keep the Lodi
office open if the City can provide funding for operating expenses. riat will
require further calculations to see if the overtime and booking fees which
would be avoided justify such expense.
As to the suggestion that the District Attorney consent to misdemeanor
prosecutions by City Attorneys, offices in the County pursuant to Penal Cods
Section 41803.5, that is still an open question. Clearly. I do not have the
time or resources to prosecute all misdemeanors while still covering my present
duties. By cutting back on other municipal services, I might be able to
prosecute some of the more serious misdemeanors, although that would still
require the District Attorney's consent. On that point, I frankly do not
understand Mr. Phillips' statement that he had not yet made a decision as to
whether to give such consent. If the District Attorney's office can't handle
these prosecutions, I see no justification to withhold consent t-ip any other
agency expressing a desire to do so.
The Police Department is presently in touch with the Attorney General's office
to explore other possibilities and the City Council will be kept advised.
Council discussion and direction is requested.
FUNDING: Unknown at this time.
Respectfully submitted,
I tIt, --
Bob MCNatt
City Attorney
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MUMNAS. the maantenance of law and order in this casmunity is of
paramount inportance: and
1ANKREAS, it is the position of the Lodi City Council that
enforcement of all laws is not only appropriate, but critical to the
maintenance of the quality of life enjoyed by Lodi residents; and
MRZRUS, the District Attorney of the County of San Joaquin has
announced that the Lodi office of the District Attorney's staff will be
closed in the immediate future; and
WHZREAS, the District Attorney has further announced that henceforth
there will be no prosecution of misdemeanor offenses; and
WRMU AS, it is the position of this City Council that the citizens of
this City will not tolerate this abandonment of the enforcement of the law;
NOW. THRUrORR. BE IT RESOLVED that the City Council of the City of
Lodi does hereby express its deep concern regarding this matter to the
Board of Supervisors of the County of San Joaquin and urges the Board to
continue its current funding of law and justice in this County.
Dated: May S, 1993
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I hereby certify that Resolution No. 93-60 was passed and adopted by
the Lodi City Council in a regular meeting held May S, 1993 by the
following vote:
Ayes: Council Members -
Noes: Council Members -
Absent: Council Members -
Jennifer M- Perrin
City Clerk
93-60
PES9360/TXTA.OIV
12MUTIOM MO. 03.60
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A RSSOLtrrION OF THi LODI CITY CCOMCIL
UROINO Ins BOARD OF SOPSMSORS OF THE COORTY OF SAN JOi1QMX
70 CONTINM THR CURRYXr FUNDING OF LAM AND JVST:CS IN THIS COUM'Y
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R"S, the maintenance of lav and order in this community is of
paramount importance; and
Rt", it is the position of the Lodi City Council that
enforcement of all laws is not only appropriate, but critical to the
maintenance of the quality of life enjoyed by Lodi residents; and
" RRZAS, the District Attorney of the County of San Joaquin has
announced that the Lodi office of the District Attorney's staff will be
closed in the immediate future; and
MR REM, the District Attorney has further announced that henceforth
there will be no prosecution of misdemeanor offenses; and
RK&S, it is the position of this City Council that the citizens of
this City will not tolerate this abandonment of the enforcement of the law;
NOW. TIZREFORB, RZ IT RZSOLVSD that the City Council of the City of
Lodi does hereby express its deep concern regarding this matter to the
Board of Supervisors of the County of San Joaquin and urges the Board to
continue its current funding of law and justice in this County.
Dated: May 5, 1993
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I hereby certify that Resolution No. 93-60 was passed and adopted by
the Lodi City Council in a regular meeting held May 5, 1993 by the
following vote:
Ayes: Council Members -
Noss: Council Members -
Absent: Council Members -
Jennifer M. Perrin
City Clerk
93-60
RES9360/TXTA.OIV
RESOLUTION NO. 93-67
was* ... ...f.tfstt..f
A RESOLUTION OR TUB LODI CITY COUNCIL
URGING THE STATE SENATE AND THE STATE ASSEMBLY.TO SUPPORT THE CITY`OF LODI'S
AND SAN JOAQUIN COUNTY'S EFFORTS TO RETAIN PROPERTY TAX REVENUE, THEREBY
ENABLING THE CITY AND COUNTY TO MAINTAIN CURRENT( LAN AND JUSTICE SERVICES
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WHEREAS, the maintenance of law and order in this eoawaunity is of
paramount importance; and
WHEREAS, it is the position of the Lodi City Council that
enforcement of all laws is not only appropriate, but critical to the
maintenance of the quality of life enjoyed by Lodi residents; and
WHEREAS, the District Attorney of the County of San Joaquin has
announced that the Lodi office of the District Attorney's staff will be
closed in the immediate future; and
WHEREAS, the District Attorney has further announced that henceforth
there will be no prosecution of misdemeanor offenses; and
WREREAS, it is the position of this City Council that the citizens of
this City will not tolerate this abandonment of the enforcement of the law;
NOW. THEREFORE, BE IT RESOLVED that the City Council of the City of
Lodi does hereby request the State to refrain from seizing additional
property taxes from San Joaquin County; and
BE IT FORTHER RESOLVED that the repercussions to the City of Lodi,
should the State continue to seize additional property takes from the
County, will be a critical reduction in law and justice services to the
citizens of Lodi; and
BE IT FURTHER RESOLVED that the City of Lodi joins the San Joaquin
q County Board of Supervisors in their efforts to retain local property taxes
in the County.
Dated: May 5, 1993
i
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I hereby certify that Resolution No. 93-67 was passed and adopted by
the Lodi City Council in a regular meeting held May S. 1993 by the
following vote:
Ayes: Council Members - Davenport, Mann, Sieglock, Snider and
Pennino (Mayor)
Noes: Council Members - None
Absent: Council Members - None
4innh1\eJ4kk.
Perrin
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93-67
RES9367/TXTA.02J
COUNCIL
?NOMAS A PF TI RSnN
P11111IP A PINNI MNG, AYr„
CITY OF L O D I
Crtt MAnARM
IINNIFFR M PFRRIN
)AIA AIFGtO
C"y C.lerl
Mavor Pro tempore
RAV G DAVINPORT
CITY 11A1t, 221 WEST PINE Si REE?
BOB MINATT
IMP11FN l MANN
PO BOX xxxr
4C ft Atttw"V
LODI, (At IFORNIA95241-1910
FF)►IN R IRandv) SNIUI R
(209) 334.%14
I Ax 12041 ►►► A'q%
May 18, 1993
Honorable Patrick Johnston
Senator, District 5
31 8. Channel Street, Suite 306
Stockton, California 95202
Dear Mr. Johnston:
Enclosed please find a certified copy of Resolution No. 93-67 adopted
by the City Council of the City of Lodi at its meeting of May S. 1993,
entitled "A Resolution of the Lodi City Council urging the State Senate
and the State Assembly to support the City of Lodi's and San Joaquin
County's efforts to retain property tax revenue, thereby enabling the
City and County to maintain current lav and justice services".
Should you have any questions regarding this, please do not hesitate to
contact my office.
Very truly yours,
kiVfer errin
City Cl k
JMP/pn
i
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S
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RESOLUTION NO. 93-67
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A RESOLUTION OF THE L0DI CITY COUNCIL
URGING THE STATS SENATE AND THE STATE ASSEMBLY To SUPPORT THE CITY OF LODI'S
AND SAN JOAQUIN COUNTY'S EFFORTS TO RETAIN PROPERTY TAX REVENUE, THEREBY
ENABLING THE CITY AND COUNTY TO MAINTAIN CURRWr LAN AND JUSTICE SERVICES
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NNSRZAS, the maintenance of lax and order in this conniunity is of
paramount importance; and
NRSREAS, it is the position of the Lodi City Council that
enforcement of all laws is not only appropriate, but critical to the
maintenance of the quality of life enjoyed by Lodi residents; and
WHEREAS, the District Attorney of the County of San Joaquin has
announced that the Lodi office of the District Attorney's staff will be
closed in the immediate future; and
WHEREAS, the District Attorney has further announced that henceforth
there will be no prosecution of misdemeanor offenses; and
WHEREAS, it is the position of this City Council that the citizens of
this City will not tolerate thin abandonment of the enforcement of the law;
NOK, THSRSFORB, HS IT RESOLVED that the City Council of the City of
Lodi does hereby request the State to refrain from seising additional
property taxes from San Joaquin County; and
BE IT FURTHER RESOLVED that the repercussions to the City of Lodi,
should the State continue to seize additional property taxes from the
County, will be a critical reduction in law and justice services to the
citizens of Lodi; and
BS IT FURTHER RESOLVED that the City of Lodi joins the San Joaquin
County Hoard of Supervisors in their efforts to retain local property taxes
in the County.
Dated: Xay 5, 1993
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I hereby certify that Resolution No. 93-67 was passed and adopted by
the Lodi City Council in a regular meeting held May 5, 1993 by the
following vote:
Ayes: Council Members - Davenport, Mann, SiegloCk. Snider and
Pennino (Mayor)
Noes: Council Members - None
Absent: Council Members - None
rhe Foregoing Document Is Certified
ro Be A Correct Copy Of The Original
Dn File In This Office.
ity nni a M. Pezrin
r
De ut
PeggyNicolini k
C
y Cl,lerk, City Of Lodi
;y lL1n" %� 9L, 93-67
:Wed: RES9367/TXTA.02J
r
CITY COUNCIL
)PIIII A(K A A PTNNINO, M►yor CITY O F L O D I
IA(A Sit C,1fKK
MAVne Pro Tempe"
RAV C DAVENPORT CIT) I1All. 271 WEST PINE STREET
%It MEN I MANN PO ROk WM
I()II!V R (Randy)SNIDER 1001 CAI ITORNIA 9%.M-1910
(219) 114-i614
941 (M 1114679%
May 18, 1993
T►/UMAS A Pt TI RSON
C+)y M*nAlor
1t NN+1tR M PIRR1N
C-4 C"
Ron Mt NAT T
Ctiv Allomry
Honorable Larry Bowler
Assemblyman, 10th District
10370 Old Placerville Road, Suite 106
Sacramento, California 95827
Dear Mr. Bowler:
Enclosed please find a certified copy of Resolution No. 93-67 adopted
by the City Council of the City of Lodi at its meeting of May 5, 1993,
entitled "A Resolution of the Lodi City Council urging the State Senate
and the State Assembly to support the City of Lodi's and San Joaquin
County's efforts to retain property tax revenue, thereby enabling the
City and County to maintain current law and justice services".
Should you have any questions regarding this, please do not hesitate to
contact my office.
Very truly yours,
S4ifer Perri
t Cler
imp/pa
RSSO6UTION NO. 93-67
A RESOLUTION OF THE LODI CITY COUNCIL
URGING THE STATE SENATE AND THE STATE ASSEMBLY TO SUPPORT THE CITY OF LOUT S
AND SAN JOAQUIN COUNTY'S EFFORTS TO RETAIN PROPERTY TAX REVENUE, THEREBY
SNARLING THE CITY AND COUNTY TO MAINTAIN CURRENT LAW AND JUSTICE SERVICES
....... ..■.*.We ......... 0 .......... O ON ..................... . ............ ....
WHSRSAS, the maintenance of law and order in this community is of
Paramount importance; and
WHSRSAS, it is the position of the Lodi City Council that
enforcement of all laws is not only appropriate, but critical to the
maintenance of the quality of life enjoyed by Lodi residents; and
WHSRSAS. the District Attorney of the County of San Joaquin has
announced that the Lodi office of the District Attorney's staff will be
closed in the immediate future; and
WHEREAS, the District Attorney has further announced that henceforth
there will be no prosecution of misdemeanor offenses; and
WHEREAS, it is the position of this City Council that the citizens of
this City will not tolerate this abandonment of the enforcement of the law;
NOW, THEREFORE. BE IT RESOLVED that the City Council of the City of
Lodi does hereby request the State to refrain from seizing additional
property taxes from San Joaquin County; and
BE IT FURTHER RESOLVED that the repercussions to the City of Lodi,
should the State continue to seize additional property taxes fron the
County, will be a critical reduction in law and justice services to the
citizens of Lodi; and
BE IT FURTHER RRSOL`iED that the City of Lodi joins the San Joaquin
County Board of Supervisors in their efforts to retain local property taxes
in the County.
Dated: May 5, 1993
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I hereby
the Lodi City
following vote:
Ayes:
Noes:
certify that Resolution No. 93-67 was passed and adopted by
Council in a regular meeting held May S. 1993 by the
Council Members - Davenport, Mann, Si-:glock, Snider and
Pennino (Mayor)
Council Members - None
Absent: Council Members - None
The Foregoing Document Is Certified
To Be A Correct Copy Of The Original
On F1I2 In This Office.
Pegg Nicolini
De uty City Ciierk, City Of Lodi
—. By
Dated: RES9367/TXTA.02J
5//1719.1
4i-IA'�e
MPerrin
ty rk
93-67
RESOLUTION NO. 93.67
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A RESOLUTION OF THE LODI CITY COUNCIL
URGING THE STATE SENATE AND THE STATE ASSEMBLY TO SUPPORT THE CITY OF LODI'S
AND SAN JOAQUIN COUNTY'S EFFORTS TO RETAIN PROPERTY TAX REVENUE, THEREBY
ENABLING THE CITY AND COUNTY TO MAINTAIN CURRENT LAM AND JUSTICE SERVICES
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WNEAEAS, the maintenance of law and order in this community is of
paramount importance; and
WHEREAS, it in the position of the Lodi City Council that
enforcement of all laws is not only appropriate, but critical to the
maintenance of the quality of life enjoyed by Lodi residents; and
WHEREAS, the District Attorney of the County of San Joaquin has
announced that the Lodi office of the District Attorney's staff will be
closed in the immediate future; and
WHEREAS, the District Attorney has further announced that henceforth
there will be no prosecution of misdemeanor offenses; and
WHEREAS, it is the position of this City Council that the citizens of
this City will not tolerate this abandonment of the enforcement of the law;
NOM, THEREFORE, BE IT RESOLVED that the City Council of the City of
Lodi does hereby request the State to refrain from seizing additional
property taxes from San Joaquin County; and
BE IT FURTHER RESOLVED that the repercussions to the City of Lodi,
should the State continue to seize additional property takes from the
County, will be a critical reduction in law and justice services to the
citizens of Lodi; and
BE IT FURTHER RESOLVED that the City of Lodi joins the San Joaquin
County Board of Supervisors in their efforts to retain local property taxes
in the County.
Dated: May 5, 1993
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I hereby certify that Resolution No. 93-67 was passed and adopted by
the Lodi City Council in a regular meeting held May 5, 1993 by the
following vote:
Ayes: Council Members - Davenport, Mann, Sieglock, Snider and
Pennino (Mayor)
Noes: Council Members - None
Absent: Council Members - None
4nnhe-i M. Perrin
ty C rk
93-67
RES9367/TXTA.02J
r
RESOLUTION NO. 93-60
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A RESOLUTION OF THE LODI CITY COUNCIL
URGING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN JOAQUIN
TO CONTINUE THE CURRENT FUNDING OF LAW AND JUSTICE IN THIS COUNTY
AND SUPPORTING THE COUNTY'S EFFORTS TO RETAIN PROPERTY TAX REVENUE
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WHEREAS, the maintenance of law and order in this community is of
paramount importance; and
WHEREAS, it is the position of the Lodi City Council that
enforcement of all laws is not only appropriate, but critical to the
maintenance of the quality of life enjoyed by Lodi residents; and
WHEREAS, the District Attorney of the County of San Joaquin has
announced that the Lodi office of the District Attorney's staff will be
closed in the immediate future; and
WHEREAS, the District Attorney has further announced that henceforth
there will be no prosecution of misdemeanor offenses; and
WHEREAS, it is the position of this City Council that the citizens of
this City will not tolerate this abandonment of the enforcement of the law;
NOW, THEREFORE. BE IT RESOLVED that the City Council of the City of
Lodi does hereby express its deep concern regarding this matter to the
Board of Supervisors of the County of San Joaquin and urges the Board to
continue its current funding of law and justice in this County; and
BE IT FURTHER RESOLVED that the City Council of the City of Lodi
urges the Board of Supervisors to re -order priorities to provide for the
continuation of the current funding level for law and justice; and
8E IT FURTHER RESOLVED that the City Council of the City of Lodi
hereby expresses its support to the Board of Supervisors in the Board's
efforts to retain for distribution in this County, locally generated and
collected property tax revenue.
Dateds xay S. 1993
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I hereby certify that Resolution No. 93-60 was passed and adopted by
the Lodi City Council in a regular meeting held May 5, 1993 by the
following vote:
Ayes: Council Members - Davenport, Mann, Sieglock, Snider and
Pennino (Mayor)
Noss: Council Members - None
Absent: Council Members - None
RE39360/TXTA.02J
93-60
111-.- �A, � / ' Ik T-Q,�/(,L�i'l,
nifer . Perrin
ity Cl, k
',3 PAY 13 PH 2: 34
f
may, 1.0 1741.1711 1"
To the Editor; ,e CITY L'!_EftK
It is beyound my comprehension that any elected officiall911d
issue a liccense to steal to the crimnals of this county! Yet,this
is exactly what Mr Phillips, has done.
Mr Phillips,by his actions,also is saying to the citizens of
this county, you are to protect your own property by whatever
means necessary! If this decision stands, this amounts to a break-
down of our judicial system. I would remind our D A that in the last
30 years, crime in this nation has increased by over 650%. The late -
est policy will only acellerte this trend!
our justice system is already in favor of the crimnal. The cro-
oks have more rights than the victim! Our sociaty is erroding at an
alarming rate. This decision will result in incresed erosion. This
policy must be reversed at all costs!
cc
Stockton Record
Lodi News Sentenial
District Attorneys Office
George Barber
Lodi city council
Stockton city council
Harry Thomas
17 N Central
I.odi,ca.95240
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