HomeMy WebLinkAboutIntergovernmental Relations Committee - IRC - recommendation Dept. ID AD-16-012 Pagel of 2
Meeting Date: 4/4/2016
Approved 7-0
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 4/4/2016
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Ken Donner, Assistant City Manager
Antonia Graham, Acting Assistant to the City Manager
SUBJECT: Approve Intergovernmental Relations Committee (IRC) recommendations for
City Council Action — Oppose AB 1707 Public Records Request Act; Oppose AB
2614 Medical Cannabis; Support AB 2772 Drug Treatment Programs; and,
authorize the Mayor to sign City Position Letters accordingly
Statement of Issue:
At the March 18, 2016, Intergovernmental Relations Committee, committee members
recommended positions on three bills as follows: AB 1707 (Oppose); AB 2614 (Oppose); and AB
2772 (Support). This action requests City Council action and authorization for the Mayor to sign
City position letters.
Financial Impact:
None by this action
Recommended Action:
A) Approve a City position of Opposition for AB 1707 (Linder) — Public Records Request Act; and,
B) Approve a City position of Opposition for AB 2614 (Bonta) — Medical Cannabis; and,
C) Approve a City position of Support for AB 2772 (Chang) — Drug Treatment Programs; and,
D) Authorize the Mayor to sign City position letters on AB 1707, AB 2614, and AB 2772 as
approved by the City Council.
Alternative Action(s):
Do not approve the recommended actions and direct staff accordingly.
Analysis:
On Friday, March 18, 2016, the Intergovernmental Relations Committee met to discuss pending
State legislation. The Committee reviewed the 2016 State Legislative Matrix provided by the City's
State Advocate, Townsend Public Affairs. The Committee was presented with requests from the
League of California Cities and the Association of California Cities — Orange County to state a
formal position on the following three bills:
Dept. ID AD-16-012 Page 2 of 2
Meeting Date: 4/4/2016
➢ AB 1707 (Linder) — Public Records Request Act: Response to Request
The League of California Cities requested that the City submit a formal letter of opposition to
the State Assembly. This bill, although well intended, would pose significant operational
challenges, increased cost and a potential for increased litigation for cities already struggling
to comply with the California Public Records Act (CPRA). If approved, this bill would require
a public agency to provide a list of all records in its possession that may be responsive to a
CPRA request. This has the potential for imposing significant costs on local agencies.
Additionally, there is a strong risk that AB 1707 may require the disclosure of information
that is otherwise protected from disclosure by the constitution or other privacy statutes, such
as the Health Insurance Portability and Accountability Act (HIPAA), the Firefighters' Bill of
Rights or the Peace Officers' Bill of Rights. Releasing such protected information could
expose cities to both civil and criminal liability. The City's elected City Clerk also requested
that this legislation be opposed.
➢ AB 2614 (Bonta) — Medical Cannabis —Out of State Convictions
The League of California Cities has requested that the City submit a formal letter of
opposition to the State Assembly on AB 2614. This bill would prohibit the denial of a State
license for commercial cannabis activity if the denial is based solely on an out-of-state
felony conviction that did not include a period of incarceration, so long as a local jurisdiction
is aware of the conviction and is nonetheless willing to issue a local permit or other
authorization. Should AB 2614 become law, it is within the realm of plausibility that drug
traffickers of far more dangerous controlled substances — who happen to have been
convicted only once — could be licensed by the State.
➢ AB 2772 (Chang) — Drug Treatment Programs
The Association of California Cities has requested that the City submit a formal letter of
support to the State Assembly on AB 2772. This bill seeks to empower cities' local
ordinances and protect patients seeking alcohol and other drug treatment. AB 2772 would
address many of the concerns surrounding residential treatment facilities by affecting a
specific population of people who have been court-ordered to seek residential alcohol and
other drug treatment. Only homes that meet compliancy within the city of their location and
in compliance with their state Iicensure agreement would be approved for residential
treatment. If the home is noncompliant, a judge would not be able to continue approving or
appointing patients to that particular home. This measure would incentivize residential
treatment facilities to stay in compliance with cities and the state, as well as offer a state
approved, high level of care that would reduce instances of patient relapse and recidivism.
The Intergovernmental Relations Committee, comprised of Mayor Katapodis, Mayor Pro Tem
Sullivan, and Council Member Hardy, approved the following positions on the three bills as follows:
AB 1707 (Oppose); AB 2614 (Oppose); and, AB 2772 (Support).
Environmental Status:
Not applicable.
Strategic Plan Goal:
Improve quality of life
Attachment(s):
1. AB 1707 (Linder) — Public Records Request Act
2. AB 2614 (Bonta) — Medical Cannabis
3. AB 2772 (Chang) — Drug Treatment Programs
CALIFORNIA LEGISLATURE-2015-16 REGULAR SESSION
ASSEMBLY BILL No. 1707
Introduced by Assembly Member Linder
January 25, 2016
An act to amend Section 6255 of the Government Code, relating to
public records.
LEGISLATIVE COUNSEL'S DIGEST
AB 1707, as introduced,Linder. Public records:response to request.
The California Public Records Act requires state and local agencies
to make public records available for inspection, unless an exemption
from disclosure applies.The act requires a response to a written request
for public records that includes a denial of the request, in whole or in
part, to be in writing.
This bill instead would require that response to be in writing regardless
of whether the request was in writing.The bill would require that written
response additionally to include a list that contains the title or other
identification of each record requested but withheld due to an exemption
and the specific exemption that applies to that record. Because local
agencies would be required to comply with this new requirement, this
bill would impose a state-mandated local program.
The California Constitution requires local agencies, for the purpose
of ensuring public access to the meetings of public bodies and the
writings of public officials and agencies, to comply with a statutory
enactment that amends or enacts laws relating to public records or open
meetings and contains findings demonstrating that the enactment furthers
the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
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AB 1707 —2—
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 6255 of the Government Code is amended
2 to read:
3 6255. (a) The agency shall justify withholding any record by
4 demonstrating that the record in question is exempt under express
5 provisions of this chapter or that on the facts of the particular case
6 the public interest served by not disclosing the record clearly
7 outweighs the public interest served by disclosure of the record.
8 (b) A response to a wriffett any request for inspection or copies
9 of public records that includes a determination that the request is
10 denied, in whole or in part, shall be in writing. That written
11 response also shall include a list that contains both of the
12 following:
13 (1) The title or other identification of each record requested but
14 withheld due to an exemption.
15 (2) The specific exemption that applies to that record.
16 SEC. 2. The Legislature finds and declares that Section 1 of
17 this act, which amends Section 6255 of the Government Code,
18 furthers, within the meaning of paragraph (7) of subdivision (b)
19 of Section 3 of Article I of the California Constitution,the purposes
20 of that constitutional section as it relates to the right of public
21 access to the meetings of local public bodies or the writings of
22 local public officials and local agencies.Pursuant to paragraph(7)
23 of subdivision (b) of Section 3 of Article I of the California
24 Constitution, the Legislature makes the following findings:
25 Because the people have the right of access to information
26 concerning the conduct of the people's business, requiring local
27 agencies to provide a written response to any request for public
28 records that is denied and to include in that response a list of each
29 record being withheld due to an exemption from disclosure and
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-3— AB 1707
1 the specific exemption that applies furthers the purposes of Section
2 3 of Article 1.
3 SEC. 3. No reimbursement is required by this act pursuant to
4 Section 6 of Article XIII B of the California Constitution because
5 the only costs that may be incurred by a local agency or school
6 district under this act would result from a legislative mandate that
7 is within the scope of paragraph (7) of subdivision (b) of Section
8 3 of Article I of the California Constitution.
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CALIFORNIA LEGISLATURE-2015-16 REGULAR SESSION
ASSEMBLY BILL No. 2614
Introduced by Assembly Member Bonta
February 19, 2016
An act to amend Section 19325 of the Business and Professions Code,
relating to medical cannabis.
LEGISLATIVE COUNSEL'S DIGEST
AB 2614, as introduced, Bonta. Medical cannabis: state licenses:
out-of-state convictions.
The Medical Marijuana Regulation and Safety Act provides for the
licensure of persons engaged in specified activities relating to medical
cannabis and authorizes licensing authorities to only issue state licenses
to qualified applicants. Existing law prohibits a person from engaging
in commercial cannabis activity without possessing both a state license
and a local permit, license, or other authorization.
This bill would prohibit the denial of a state license to an applicant
if the denial is based solely on a conviction outside of the state of
California where the sentencing did not include a period of incarceration,
but only if a local government with knowledge of that prior conviction
issues a permit, license, or other authorization permitting the applicant
to engage in commercial cannabis activity.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 19325 of the Business and Professions
2 Code is amended to read:
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AB 2614 —2-
1 19325. An applicant shall not be denied a state license if the
2 denial is based solely on any of the following:
3 (a) A conviction or act that is substantially related to the
4 qualifications, functions, or duties of the business or profession
5 for which the application is made for which the applicant or
6 licensee has obtained a certificate of rehabilitation pursuant to
7 Chapter 3.5 (commencing with Section 4852.01)of Title 6 of Part
8 3 of the Penal Code.
9 (b) A conviction that was subsequently dismissed pursuant to
10 Section 1203.4, 1203.4a, or 1203.41 of the Penal Code.
11 (c) A conviction outside of the state of California where the
12 sentencing did not include a period of incarceration, but only if a
13 local government with knowledge of that prior conviction issues
14 a permit, license, or other authorization permitting the applicant
15 to engage in commercial cannabis activity.
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CALIFORNIA LEGISLATURE-2015-16 REGULAR SESSION
ASSEMBLY BILL No. 2772
Introduced by Assembly Member Chang
(Principal coauthor: Assembly Member Brough)
(Principal coauthor: Senator Bates)
(Coauthor:Assembly Member Wagner)
February 19, 2016
An act to add Chapter 1.6 (commencing with Section 1212) to Title
8 of Part 2 of the Penal Code,relating to drug treatment.
LEGISLATIVE COUNSEL'S DIGEST
AB 2772, as introduced, Chang. Drug treatment programs.
Existing law requires certain defendants to participate in a drug
treatment program when, among other things, under a deferred entry
of judgment program, as a condition of probation, and as a condition
of parole.
Existing law prohibits a person, firm, partnership, association,
corporation, or local governmental entity from operating, establishing,
managing, conducting, or maintaining an alcoholism or drug abuse
recovery or treatment facility to provide recovery, treatment, or
detoxification services within this state without first obtaining a current
valid license from the State Department of Health Care Services.
This bill would require a person seeking treatment at an alcoholism
and drug abuse recovery or treatment facility because he or she has
been ordered or required to participate in a drug treatment program
pursuant to the Penal Code to seek treatment from an alcoholism and
drug abuse recovery or treatment facility that is licensed by the State
Department of Health Care Services and in compliance with the local
laws where the facility is located.
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AB 2772 —2—
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Chapter 1.6 (commencing with Section 1212) is
2 added to Title 8 of Part 2 of the Penal Code, to read:
3
4 CHAPTER 1.6. DRUG TREATMENT PROGRAMS
5
6 1212. Notwithstanding any other law, a person seeking
7 treatment at an alcoholism and drug abuse recovery or treatment
8 facility, as defined in Section 11834.02 of the Health and Safety
9 Code,because he or she has been ordered or required to participate
10 in a drug treatment program pursuant to this code shall seek
11 treatment from an alcoholism and drug abuse recovery or treatment
12 facility that meets both of the following requirements:
13 (a) The facility is licensed by the State Department of Health
14 Care Services pursuant to Chapter 7.5 (commencing with Section
15 11834.01) and is listed on the department's Internet Web site.
16 (b) The facility is in compliance with the local laws where the
17 facility is located.
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