HomeMy WebLinkAboutOrange County District Attorney - 2016-08-15 Dept. ID CA.16-003 Page 1 of 2
Meeting Date: 8/15/2016
-21
CITY OF HUNTINGTON BEACH
_ REQUEST FOR. CITY COUNCIL ACTION
E
MEETING DATE: 8/15/2016
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Michael E. Gates, City Attorney
PREPARED BY: Michael E. Gates, City Attorney
SUBJECT: Receive and file Memorandum of Understanding (MOU) with Orange County
District Attorney and Approve for Introduction Ordinance No. 4115 adding new
Section 1.16.100 to authorize recovery of Attorneys' Fees related to City
prosecution of misdemeanors
Statement of Issue:
The City Attorney requests City Council to receive and file a Memorandum of Understanding with
the District Attorney's Office in order to start prosecution of certain State Code misdemeanors and
to seek attorneys' fees upon successful prosecution of such matters.
Financial Impact:
Not applicable at this time. Potential annual cost up to $145,000 as requested in proposed Fiscal
Year 2016/17 Budget, offset by applicable attorney's fees collected upon successful prosecution of
individual cases.
Recommended Action:
A) Receive and file "Memorandum of Understanding Orange County District Attorney and
Huntington Beach City Attorney;" and,
B) Approve for Introduction Ordinance No. 4115, "An Ordinance of the City of Huntington Beach
Amending the Huntington Beach Municipal Code by Adding New Section 1.16.100 Thereof Related
to Attorneys' Fees."
Alternative Action(s):
The City Council may take the following alternative action(s):
1. Do not receive and file MOU with Orange County District Attorney;
2. Do not approve for introduction Ordinance No. 4115, "An Ordinance of the City of
Huntington Beach Amending the Huntington Beach Municipal Code by Adding New Section
1.16.100 Thereof Related to Attorneys' Fees."
Analysis:
One of the most effective ways to increase public safety, without placing additional burdens on the
police department, is for the City to prosecute the City's crimes. The police are on the front lines of
effecting public safety—working to prevent crime and making arrests when crimes are committed.
However, presently after arrests are made, when misdemeanors are referred to the County, the
District Attorney is not able to prosecute every one of these referrals. In fact, since the District
HB -435- Item 20• - I
Dept. ID CA 16-003 Page 2 of 2
Meeting Date:8/15/2016
Attorney is charged with prosecuting all of the County's misdemeanors and felonies (except for
Anaheim's), the District Attorney is required to prioritize those to be prosecuted. The District
Attorney simply does not have the resources to prosecute all of the crimes referred to its Office.
Instituting a Community Prosecutor concept would allow the City of Huntington Beach to ensure
that certain misdemeanors are prosecuted through to the end, and prosecuted effectively. The City
had 5,675 arrests last year (both misdemeanor and felony); approximately 80% were
misdemeanors.
A Community Prosecutor would significantly help identify types of criminal offenses and solutions
for issues that are of priority for our local residents. For example, if the City is having a particular
problem with alcohol downtown, a Community Prosecutor would be part of meeting with
stakeholders in the community, along with the police department, to help develop comprehensive
strategies to increase public safety. Under this concept, the City Attorney's Office, in conjunction
with the review of the Police Chief (or his designee), would be able to retain certain misdemeanors
for prosecution, while the other misdemeanors are referred to the District Attorney's Office as usual.
This selective retention would allow the City to focus on the arrest and prosecution of certain crimes
that have surged, such as property crimes, crimes committed by homeless, intoxication related
crimes, etc., which would send a signal to the community in Huntington Beach of law enforcement's
zero tolerance and increased public safety efforts to reduce certain crimes that have surged.
Attached to this RCA is a Memorandum of Understanding between the Orange County District
Attorney and the City Attorney. This Memorandum of Understanding between the two officials
operates to confer the authority of the County District Attorney contemplated under Section
41803.5(a) of the Government Code to the City Attorney to prosecute the "State misdemeanors"
contemplated by both Section 41803.5(a) and the City's Charter.
Attached to this RCA is an "attorney's fees recovery" Ordinance. If adopted by the City Council, the
City would have the authority to seek attorney's fees in certain cases as determined by the City
Attorney, such as those "private attorney general" cases brought by a Community Prosecutor.
Recovery of such attorneys' fees will help defray the cost of a Community Prosecutor position and
also provide further deterrent against crime.
The funding for a full-time equivalent Community Prosecutor position is proposed in the Fiscal Year
2016-17 Budget. Contingent upon approval of the budget, the Community Prosecutor position is
expected to be recruited and filled soon after the start of the Fiscal Year on October 1, 2016. The
Community Prosecutor position is proposed as a distinct, exempt executive classification within the
City Attorney's Office and therefore will require City Council approval of an employment agreement.
The City Attorney's Office and Human Resources Department will move the item forward if
approved.
Environmental Status:
N/A
Strategic Plan Goal:
Enhance and maintain public safety
Attachment(s):
1) MOU with Orange County District Attorney
2) Ordinance No. 4115, "An Ordinance of the City of Huntington Beach Amending the
Huntington Beach Municipal Code by Adding New Section 1.16.100 Thereof Related to
Attorneys' Fees"
Item 20. - 2 HB -436-
MEMORANDUM OF UNDERSTANDING
ORANGE COUNTY DISTRICT ATTORNEY
and
HUNTINGTON' BEACH CITY ATTORNEY
1) This is a Memorandum of Understanding(MOU) between the Orange County District
Attorney (OCDA) and the Huntington Beach City Attorney (HBCA)regarding the consent of
the OCDA to the criminal prosecution of certain misdemeanor crimes by the HBCA.
2) In accordance with the provisions of Government Code Sections 41803.5 and 72193, and
Section 309 of the Huntington Beach City Charter, the OCDA hereby consents to the
prosecution by the HBCA of the following: any misdemeanor crimes arising out of violations
of California State law that are committed within the City of Huntington Beach,
3) The OCDA agrees that the HBCA will not be prosecuting all misdemeanor crimes that occur
in Huntington Beach, but will prosecute those that the HBCA chooses to prosecute, while
referring the remainder to the OCDA. The selected misdemeanor crimes will be taken and
screened by the HBCA in a timely manner to determine if the case will be retained for
prosecution by the HBCA and if not it will be promptly forwarded to the OCDA for review
and prosecution.
4) The terms and conditions of this MOU shall remain in effect for a period of four years from
the date it is entered into. The MOU shall automatically renew for subsequent periods of
four years unless written notice of termination or non-renewal is provided by either party not
fewer than 365 days prior to the end of the current period.
5) The terms and conditions of this MOU, including but not limited to which misdemeanor
crimes are subject to the MOU,may be modified at any time by mutual agreement of the
OCDA and the HBCA.
6) This MOU may be cancelled by either the OCDA or the HBCA, but not without giving not
fewer than 365 days' notice to the other party of the intent to cancel the MOU, unless the
other party consents to cancellation of the agreement in fewer than 365 days from the date
notice is given.
Entered into this/f 6 day of / 2016.
Tony Raauckas '"Michael E. Gates
District.Attorney City Attorney
County of Orange City of Huntington Beach
ORDINANCE NO. 4115
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING NEW
SECTION 1.16.100 THEREOF RELATED TO ATTORNEYS' FEES
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. That the Huntington Beach Municipal Code is hereby amended by adding
new Section 1.16.100 entitled "Public Nuisance Abatement; Recovery of Attorneys' Fees
Authorized" to read as follows:
1.16.100 Public Nuisance Abatement; Recovery of Attorneys' Fees Authorized.
(a) Public nuisance abatement. In addition to the penalties provided in this Code,
any condition caused or permitted to exist in violation of any of the provisions of
this Code, uniform or adopted codes, or any provision of state or federal law that
may be enforced by the City, shall be deemed a public nuisance and may be, by
this City, summarily abated as such by filing criminal or civil actions, and each
day such condition continues shall be regarded as a new and separate offense.
(b) Recovery of attorneys' fees authorized. The prevailing party in any judicial
action, administrative proceeding, or special proceeding to abate a nuisance may
recover its reasonable attorneys' fees, provided that the City elected, at the
initiation of such individual action or proceeding, to recover its own attorneys'
fees. In no judicial action or administrative proceeding shall an award of
attorneys' fees to a prevailing party exceed the amount of reasonable attorneys'
fees incurred by the City in the judicial action or administrative proceeding. A
judicial action includes, but is not limited to, any civil or criminal action,
inspection or abatement warrant, administrative proceeding, or appeal from an
administrative proceeding. "Abatement" shall include any action taken by the City
to cause or otherwise obtain compliance with this municipal code or other codes,
as specified herein, even if the violation is ultimately corrected by the violator.
Any recovery of attorneys' fees for abatement of a nuisance shall be in accordance
with this section.
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16-5359/141350/PD
ORDINANCE NO. 4115
SECTION 2. That this Ordinance shall become effective thirty(30) days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on September 06, , 2016.
Mayor
ATT T: APPROVED A C
City Clerk =iltyttorney
REVI D APPROVED: TED PROVED:
Cit g r Cit Attorney
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16-5359/141350/PD
Ord. No. 4115
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly appointed, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
a Regular meeting thereof held on August 15, 2016, and was again read to said City
Council at a Regular meeting thereof held on September 6, 2016, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Posey, O'Connell, Sullivan, Katapodis, Hardy, Delgleize, Peterson
NOES: None
ABSENT: None
ABSTAIN: None
I,Robin Estanislau,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been published in
the Huntington Beach Wave on September 15,2016. p
In accordance with the City Charter of said City. (�
Robin Estanislau, City Clerk City Clerk and ex-officio Clerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
ORDINANCE NO. 4115
LEGISLATIVE DRAFT
Chapter 1.16 GENERAL PENALTY—ENFORCEMENT
1.16.010 ViolationMisdemeanor/Infraction
Any person who violates or willfully fails to comply with any provision of this code is guilty of a
misdemeanor or an infraction.
1.16.020 Continuing Violation
Each person, firm or corporation shall be deemed guilty of a separate offense for each day or
portion thereof during which any violation of any provision of this code is committed, continued
or permitted, by such person, firm or corporation, and shall be punishable therefor as herein
provided.
1.16.030 Penalty—Misdemeanor
Any person convicted of a misdemeanor under the provisions of this code (unless otherwise
provided herein) shall be punishable by imprisonment in the City jail, or in the county jail of
Orange County, not exceeding six months, or by fine not exceeding $1,000.00, or by both fine
and imprisonment.
1.16.040 Penalty—Infraction
Any person convicted of an infraction under the provisions of this code shall be punishable by
(1) a fine not exceeding $100.00, for the first offense; (2) a fine not exceeding $200.00 for the
second offense; (3) a fine not exceeding $500.00 for each additional offense within one year,
unless otherwise provided herein.
1.16.045 Prosecutor Discretion
The City Attorney has discretion to file a complaint charging any offense in this code as either a
misdemeanor or an infraction.
1.16.050 Form of Action
A violation of this code may be prosecuted by the City Attorney in the name of the people of the
State of California, or it may be redressed by civil action at the option of the Council.
1.16.065 Reimbursement of Costs
In addition to the above penalties the court may order that the person convicted of a
misdemeanor or infraction reimburse the City for all of its costs of investigation, analyzing and
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16-5359/141350/Pll
ORDINANCE NO. 4115
prosecuting the enforcement action against the person convicted; the court shall fix the amount
of any such reimbursement upon submission of proof of such costs by the City.
1.16.080 Issuance of Subpoenas
The City Clerk, Personnel Commission and its members, City Attorney, and hearing officers
may issue subpoenas requiring attendance of witnesses or production of books, records, or other
documents for evidence or testimony in any action or proceeding pending before the City and
administer oaths or affirmations in conjunction with such action or proceeding. Subpoenas shall
be signed by the issuing officer and may be served as subpoenas are served in civil actions.
1.16.090 Violation of Conditions of Approval
No person, including a responsible person as defined in Section 1.18.020 of this code, shall fail
to comply with the terms and conditions of any permit or approval issued pursuant to this code or
with any other ordinance relating to land use or development. This section shall apply to any
person who knew, or had reason to know, of the terms and conditions of the permit or approval.
1.1 .100 Public Nuisance Abatement; Recovery of Attorneys' Authorized
a) Public nuisance abatement In addition to the penalties provided in this Code any condition
caused or permitted to exist in violation of any of the provisions of this Code uniform or adopted
codes, or any provision of state or federal law that may be enforced by the City, shall be deemed
a public nuisance and may this City, summarily abated as such by filing criminal or civil
actions, and each day such condition continues shall be regarded as a new and separate offense.
(b) Recovery of attorneys' fees authorized. The prevailing_part in judicial action,
administrative proceeding, or special proceeding to abate a nuisance may recover its reasonable
a tornevs' fees provided that the City elected. at the initiation of such individual action or
proceeding, to recover its own attorneys' fees. In no iudicial action or administrative proceeding
shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys'
fees incurred by the City in the iudicial action or administrative proceeding. A iudicial action
includes, but is not limited to, any civil or criminal action, inspection or abatement warrant.
administrative proceeding, or appeal from an administrative proceeding. "Abatement" shall
include any action taken by the City to cause or otherwise obtain compliance with this municipal
code or other codes, as specified herein, even if the violation is ultimately corrected by the
violator. Any recovery of attorneys' fees for abatement of a nuisance shall be in accordance with
this section.
2
16-5359/141350/PD
1 .
City of Huntington Beach
August 15, 2016
COMMUNITY PROSECUTOR
AGENDA ITEM #20
History on Plan for Prosecutor
Orange County District Attorney
Charged with Prosecuting Felony and
Misdemeanor referrals from City of
Huntington Beach
OCDA does not have the resources to
Prosecute all referrals
' 1 .
History on Plan for Prosecutor
Passage of Prop 47 and State's
early Release from Incarceration
Program
Increase in number of Misdemeanors
that were formerly Felonies
Certain key Misdemeanors recurring
throughout City, downtown area
Move to Increase Public Safety
Key Crimes in City of Huntington Beach
Property crimes,
Public intoxication.
Theft,
Fraud,
Shoplifting,
Drug possession,
Trespassing,
Urinating in Public, etc.
1 .
Move to Increase Public Safety
Our Own Community Prosecutor
Work with Community and Police
Department
Prosecute all Misdemeanors retained
by the City, while others still referred
to the OCDA
Track and Prosecute Repeat
Offenders
The Call for a Community Prosecutor
City Council's January 28t" Strategic
Planning Meeting
Gave Direction to City Attorney: Present
Plan for bringing on Prosecutor
Homeless Taskforce, Appointed by
Council:
Recommended Community Prosecutor
' 1 .
The Call for a Community Prosecutor
Huntington Beach City Charter, Section 309
"The City Attorney also prosecutes... violation[s] of the
provisions of the City Charter or Huntington Beach
Municipal Code, and such State misdemeanors as the
City has the power to prosecute."
CA Government Code, Section 41803.5(a):
"With the consent of the district attorney... the city
attorney of any general law city or chartered city
within the county may prosecute any misdemeanor
committed within the city arising out of violation of
state law."
The Call for a Community Prosecutor
OCDA, Tony Rackauckas Provided Authority
In accordance with the provisions of Government
Code Sections 41803.5 and 72193, and Section
309 of the Huntington Beach City Charter, the
OCDA hereby consents to the prosecution by the
Huntington Beach City Attorney of the following:
any misdemeanor crimes arising out of violations
of California State law that are committed within
the City of Huntington Beach.
' 1 .
The Plan
To add a Community Prosecutor to the City
Attorney's Office
Full-time, In-House, At-Will, Contract
Position
$100,000/annum salary, with $145,000
estimated budget impact
Handle 50-100 criminal cases, civil
nuisance/fraud cases
The Plan
Hire for this Position after October 1st, beginning of
fiscal year
Prosecutor will be prosecuting crimes by end of this
year
Prosecutor will coordinate with the Police
Department, attend PD briefings, meet regularly to
identify cases to be retained by City for prosecution
Prosecutor will also attend Community Meetings
regularly to identify issue of particular concern
Prosecutor will work with analyst from Police
Department to track effectiveness and increase in
public safety
' 1 .
Multi -Step Process for Council
Receive and File MOU with OCDA
Adopt Ordinance for Attorney's Fee
Recovery of certain Prosecutions
Adopt upcoming Budget, includes the
funding for Community Prosecutor
Adopt upcoming Ordinance(s) to create the
"Community Prosecutor" position
Questions?
Estanislau, Robin
From: Dombo, Johanna
Sent: Thursday, August 11, 2016 3:09 PM
To: Agenda Comment
Cc: Fikes, Cathy; CITY COUNCIL
Subject: FW: A Community Prosecutor . . .
AGENDA COMMENT
Zvi,6
/ram #
From: Gino J. Bruno [mailto:gbruno@socal.rr.com]
Sent:Thursday, August 11, 2016 2:56 PM
To: CITY COUNCIL
Cc: Gates, Michael;Wilson, Fred
Subject: A Community Prosecutor. . .
TO: The Huntington Beach City Council
A Community Prosecutor.
We need a Community Prosecutor, such as the one proposed by our City Attorney in ITEM 20 on the City
Council Agenda for its meeting this Monday.
Our Municipal Code is replete with ordinances that are designed to protect the health, welfare and safety of our
residents, and our visitors whom we want to attract to spend money in our city. But many of those ordinances
are not being enforced adequately, as we all know.
Or, rather, cannot be enforced adequately. Why? Because the county District Attorney is overburdened. As
you are aware, most of the offenses for violations of our city ordinances (and misdemeanor violations of state
law that occur within our city) have been referred to the DA's office for prosecution. And the DA's office has
limited resources, so it must prioritize in the management of its caseload. Understandably, Huntington Beach
ordinance violations are often considered of low priority.
Catch and release.
i
Two years ago, California voters approved Prop. 47, which reduced some felonies to misdemeanors, and
allowed the release of some who had committed non-violent misdemeanors, such as some burglars, fraudulent
check writers, bike thieves, etc.
In 2011 Governor Brown signed the so-called Public Safety Realignment legislation (AB 109 and AB 117)
because our state prisons were overcrowded, sending many prisoners back to county jails that were already
overcrowded. So our county jails had to release inmates back into the community. Result—often more local
crime.
With a local Community Prosecutor operating in our City Attorney's office, we can better clean up downtown,
prosecute more effectively those who commit misdemeanor crimes throughout our city, crack down on habitual
public drunkenness, the druggies and drug sellers, deal with aggressive panhandlers, and individuals
obstructing sidewalks and business doorways, and those intimidating our families and friends who bring their
families and friends downtown.
The Community Prosecutor could work shoulder-to-shoulder with residents, businesses, and city and county
agencies to prosecute quality-of-life crimes including trespassing, vandalism, graffiti, illegal dumping, and
repetitive disturbing-the-peace complaints.
The Community Prosecutor could form partnerships with our city's law enforcement officers and community
members to improve the quality-of-life in targeted areas, including implementing better nuisance-abatement
measures.
The Community Prosecutor could serve as a prosecutorial resource to our police officers and community
members, and educate the public about the criminal justice system and better crime-prevention tips and
techniques in their neighborhoods.
Studies have shown that local Community Prosecutors have been successful not only in prosecuting cases but
in solving public-safety problems, preventing crime and improving public confidence in the justice system.
envision that, working with our City Attorney, Michael E. Gates, a Huntington Beach Community Prosecutor
would be collaborating with others (including residents, community groups and other Huntington Beach
agencies) in the development of problem-solving initiatives. Rather than simply tallying cases won, or jail
sentences imposed, I see our Community Prosecutor's success as being measured by the effect their work
has on neighborhood quality of life, community attitudes and crime.
Government Code Section 41803.5 provides for a Community Prosecutor: ". . . the city attorney of any general
law city or chartered city within the county may prosecute any misdemeanor committed within the city arising
out of violation of state law."
So, let's do it!
We need a Community Prosecutor.
And we need one now!
Thank you.
Gino J. Bruno
Huntington Beach
2
Esparza, Patty
From: Dombo, Johanna
Sent: Monday, August 15, 2016 9:02 AM
To: Agenda Comment
Cc: Fikes, Cathy; CITY COUNCIL
Subject: FW: Support for a city Prosecutor
—� C'D"ki/►'1.
AGENDA COMMENT �'l���2.0/6
From: stephanie green [mailto:steffiehome@Rmail.com]
Sent: Friday, August 12, 2016 5:18 PM
To: CITY COUNCIL
Cc: Michael Gates
Subject:Support for a city Prosecutor
Mayor Hardy and City Council;
I am sending this letter to show my support for agenda item 20 brought to the Council by Michael Gates.
While the City Attorney is elected and serves at the pleasure of the City Council, an appointed or elected city
prosecutor would serve at the pleasure of the local law enforcement agencies. The California Supreme Court,
states "The prosecution of criminal offenses on behalf of the People is the sole responsibility of the public
prosecutor . . . (who) ordinarily has the sole discretion to determine whom to charge, what charges to file and
purse and what punishment to seek".
We know that Proposition 47 has released low level offenders back into our neighborhoods. Chief Handy has
been quoted saying "The 12 months after the passage of Proposition 47 Auto Thefts are up 21%, larceny from
vehicles is up 30%, and garage burglaries are up 33%." We also know that the county of Orange can not keep
up with the increase and looks to spend their time and energy on high level arrests.
Currently Anaheim has their own city prosecutors, they handle over 12000 cases per year. From disorderly
conduct, to crimes against tourist. Like Huntington Beach Anaheim enjoys a huge influx of tourists annually
and protecting them protects our bottom line. Even though they are categorized as misdemeanors they do effect
our everyday quality of life. We should be able to enjoy our down town, our parks and and beaches. It seems
like in the past year or so we have lost these spaces to a handful of troublemakers. I would like to bring in our
own prosecutor to make sure when HBPD makes an arrest, they are prosecuted to the full extent of the law.
It seems short sighted to increase our police force with out increasing the intent to prosecute. More officers
make more arrests but if there is no consequences what is the point. If the same kid can steal wallets from cars
night after night and when caught is released before the paperwork is even filed, why bother. We need a
prosecutor that will put the interest of the residents of HB first.
Please support Agenda item 20.
Thank you
Stephanie Green
1
Esparza, Patty
From: Dombo, Johanna
Sent: Monday, August 15, 2016 9:45 AM
To: Agenda Comment
Cc: Fikes, Cathy; CITY COUNCIL
Subject: FW: Agenda Item 20
AGENDA COMMENT
#
From: Kim Kramer [mailto:kim,@e-mailcom.com]
Sent: Friday, August 12, 2016 8:06 AM
To: CITY COUNCIL
Subject:Agenda Item 20
Dear City Council,
I wish to express my appreciation to City Attorney Michael Gates for taking a proactive approach in dealing
with misdemeanor crimes in Huntington Beach. As a downtown resident, I have seen first hand how these types
of crimes have negatively and seriously impacted the downtown economy and our residential duality of life. I
ur<re you to vote YES on agenda item 20 and let's move forward as quickly as possible to establish a
Community Prosecutor position for the City of Huntington Beach.
Thank you,
Kim Kramer
Sent from my Wad
i
Esparza, Patty
From: bawareh@aol.com
Sent: Monday, August 15, 2016 12:49 AM
To: CITY COUNCIL; Agenda Comment
Cc: Gates, Michael; Wilson, Fred; Fikes, Cathy; CITY COUNCIL
Subject: End the CATCH & RELEASE of violators. Please support Agenda Item #201
AGENDA COMMENT
Dear City Council,
End the CATCH & RELEASE of violators like the Serial Misdemeanor Trench Coat Man,
The OC District Attorney's office is WAY too busy, &dropping most of HB's City Ordinance Misdemeanor cases!
We have complained to CC about:
1) Increased Crime! n 2) Fights! Co
3) Homeless!
4) Sidewalk sleeping!
5) Park sleeping!
6)Aggressive panhandling! �'0
7)Trespassing!
8) Druggies in public(walking zombies)!
9) Drug dealers (in Trench coats)!
10) Bike thefts!
11)Other misdemeanors!
—Remember Prop 47 makes an old felony-going into a HB Gunshop, or YOUR home, and stealing a$899 gun a misdemeanor!
Anaheim has 5 Community Prosecutors. We need one to get ahead of the curve on crime! NOW is the time to DO SOMETHING about it! Let's
support City Attorney Michael Gates'first part of his solution to help HBPD crack down on Repeat Offenders-Hire a"Community Prosecutor"!
If one guy gets caught by HBPD for fighting (or possession, stealing bikes, agro panhandling or combination thereof)say 20 times, don't you
prefer he has a conviction record of 20 misdemeanors for#21, rather than a CLEAN conviction RECORD, so he can be given some REAL
time???Accountability in life is everything!
HB needs a Community Prosecutor!
Please support Agenda Item#201.
Thank you for all you do,
Bruce Wareh
27 year HB resident!
1
Esparza, Patty
From: Carol Woodworth [koodworth@socal.rr.com]
Sent: Monday, August 15, 2016 8:14 AM
To: CITY COUNCIL; Agenda Comment
Cc: Fikes, Cathy; CITY COUNCIL
Subject: Agenda Item#20 - Community Prosecutor
AGENDA COMMENT
Dear Mayor Katapodis and City Council members;
I am writing you today in favor of agenda item #20 - hiring a Community Prosecutor.
Normally, I would oppose adding staff but there are exceptions to every rule especially when
it comes to public safety.
What good is it to add more police officers if after they arrest people the case never gets
prosecuted? In the spirit of the "broken windows" theory of crime prevention, a Community
prosecutor would be a good addition to the team in deterring crime in our city.
In the proposal, the Community prosecutor will be a contract employee. So if after a
sufficient period of time the Community prosecutor doesn't seem to provide the expected
benefits, there is much more discretion to either replace the prosecutor or completely
eliminate the position. Effectively, you get to run a "test" and if the results aren't what
you expect make appropriate changes!
Lastly, I was not in favor of adding the position of Community Services reservation clerk a
few months ago. But frankly if we have $90K for someone to take reservations, we must have
$100K to pay for someone who will help improve public safety!
Sincerely,
Carol Woodworth
Mansard Lane
Huntington Beach
i
Estanislau, Robin
From: Dombo, Johanna
Sent: Monday, August 15, 2016 10:19 AM
To: Agenda Comment
Cc: Fikes, Cathy; CITY COUNCIL
Subject: FW: Agenda Item#20
AGENDA COMMENT
From: Sylvia Calhoun [mailto:skc347@yahoo.com]
Sent: Monday,August 15, 2016 10:18 AM
To: CITY COUNCIL
Subject:Agenda Item#20
I support Agenda Item # 20 to hire a Community Prosecutor.
I support this as I can see that it is needed, but only because it is an "at will" contract.
Sylvia Calhoun
Esparza, Patty
From: Dombo, Johanna
Sent: Monday, August 15, 2016 3:08 PM
To: Agenda Comment
Cc: Fikes, Cathy; CITY COUNCIL
Subject: FW: August 15, 2016 -Agenda Item#20
AGENDA COMMENT
From: Lyn Semeta [mailte:lrsemeta@gmail.com]
Sent: Monday,August 15, 2016 2:58 PM
To: CITY COUNCIL
Cc: Gates, Michael
Subject:August 15, 2016-Agenda Item#20
Mayor Katapodis and Council Members,
I am writing to urge your support of Agenda Item 920 tonight requesting a Community Prosecutor for Huntington Beach. Having a
prosecutor dedicated to prosecuting crimes such as habitual public drunkeness, aggressive panhandling, disturbing the peace and the
like would greatly enhance our ability to provide a safe environment for our residents and businesses. Currently,we can do far too
little to deter these crimes due in part to the County's overburdened prosecution caseloads. The City would have control over which
misdemeanors get the prosecutorial attention they need and deserve. This added support to law enforcement efforts would be
invaluable.
Thank you!
Lyn Semeta
1
Esparza, Patty
From: Dombo, Johanna
Sent: Monday, August 15, 2016 8:41 AM
To: Agenda Comment
Cc: Fikes, Cathy; CITY COUNCIL
Subject: FW: Huntington Beach City Prosecutor
AGENDA COMMENT
C'c)
From: Mark Rolfes [mailto:markrolfes4hbcitycouncil@gmail.com]
Sent: Friday, August 12, 2016 6:30 PM
To: gates4hb@gmail.com; CITY COUNCIL
Subject: Huntington Beach City Prosecutor
Dear Mayor Hardy and City Council of Huntington Beach:
I am sending this letter to show my complete support for Agenda Item #20 which was recently
presented to the Council by Michael Gates for consideration.
While the City Attorney is elected and serves at the pleasure of the City Council, an appointed or
elected City prosecutor would serve at the pleasure of the local law enforcement agencies. The
California Supreme Court, states "The prosecution of criminal offenses on behalf of the People is the
sole responsibility of the public prosecutor . . . (who) ordinarily has the sole discretion to determine
whom to charge, what charges to file and purse and what punishment to seek".
We know that Proposition 47 allows for the release of low level offenders back into our
neighborhoods. Chief Handy has also been quoted as saying "In the 12 months after the passage of
Proposition 47, Auto Thefts are up 21%, larceny from vehicles is up 30%, and garage burglaries are up
33%." We also know that the County of Orange can not keep up with the increase and looks to spend
their time and energy on high level arrests.
Currently Anaheim has their own city prosecutors, who handle over 12,000 cases per year. From
disorderly conduct, to crimes against tourists. Like Anaheim, Huntington Beach enjoys a huge influx
of tourists annually and protecting them protects our bottom line. Even though they
are categorized as misdemeanors they do effect our everyday quality of life. Huntington Beach
residents should be able to enjoy our downtown, our parks and our beaches. More and more often
we seem to be losing these precious spaces to a handful of troublemakers. It makes complete sense
to bring in our own prosecutor to ensure those arrested in Huntington Beach prosecuted to the fullest
extent of the law. As Mr. Gates has stated, we want to get away from Huntington Beach being a
settlement City. We are better than that and don't have an endless tax base to draw from to continue
settling.
I appreciate your attention and favorable decision in this matter.
i
Please support Agenda item 20.
Thank you
Mark R. Rolfes
6402 Newbury Drive
Huntington Beach, CA 92647
714-841-7939
J
2
Esparza, Patty
From: Dombo, Johanna
Sent: Monday, August 15, 2016 7:59 AM
To: Agenda Comment
Cc: Fikes, Cathy; CITY COUNCIL
Subject: FW: Agenda item 20
AGENDA COMMENT
-----Original Message-----
From: Johnson [mailto:kilasdk9(ahotmail.com]
Sent: Sunday, August 14, 2016 7:07 PM
To: CITY COUNCIL
Subject: Agenda item 20
HB CC:
ATTENTION - End the CATCH & RELEASE of violators like the Serial Misdemeanor Trench Coat Man
well known to HBPD and the citizens of HB!
The OC District Attorney's office is WAY too busy, & dropping most of HB's City Ordinance
Misdemeanor cases!
We have complained to you the CC about:
1) Increased Crime!
2) Fights!
3) Homeless!
4) Sidewalk sleeping! �20/�'
5) Park sleeping!
6) Aggressive panhandling!
7) Trespassing!
8 ) Druggies in public (walking zombies) !
9) Drug dealers (in Trench coats) !
10) Bike thefts!
11) Other misdemeanors!
NOW is the time to DO SOMETHING about it!
Citizens support City Attorney Michael Gates' in the first part of his solution to help HBPD
crack down on Repeat Offenders - Hire a "Community Prosecutor" ! (Agenda item 20)
If one guy gets caught by HBPD for fighting (or possession, stealing bikes, agro panhandling
or combination thereof) say 20 times, don't you prefer he has a conviction record of 20
misdemeanors for #21, rather than a CLEAN conviction RECORD, so he can be given some REAL
time??? Accountability in life is everything!
HB needs a Community Prosecutor!
I respectfully request the HB to support City Attorney Michael Gates on Agenda item #20 to
fix the sky-rocketing HB repeat-offender crime!
Respectfully,
Kathy Johnson
1
6702 Sun Dr Unit A
HB 92647
Sent from my iPhone
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