HomeMy WebLinkAboutWithdrawn - No Action Taken - Resolution Nos. 2020-11 and 20 City of Huntington Beach ��, ��� ,_p
File #: 20-1397 MEETING DATE: 2/18/2020
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Travis K. Hopkins, PE, Director of Public Works
Subiect:
Adopt Resolution Nos. 2020-11 and 2020-12 allowing the City Council to support the Reducing
Crime and Keeping California Safe Act of 2020 initiative as recommended by the City Council
Intergovernmental Relations Committee (IRC)
Statement of Issue:
On January 29, 2020, the Intergovernmental Relations Committee (IRC) met to discuss pending
Federal and State legislation, in addition to regional items. The committee discussed and reviewed
The Keeping California Safe Act (Act) of 2020 which includes key components that address the
negative impacts of AB 109, Prop 47, and Prop 57, implementing much needed common-sense
reform to the State's criminal justice system. The IRC recommends that the City Council support this
initiative.
The adopted City Council Manual has a section that states the City Council shall take no stand with
respect to statewide ballot propositions. In order for the City Council to support the Reducing Crime
and Keeping California Safe Act of 2020 Ballot Measure, the Council will need to approve a
resolution temporarily suspending this provision in the City Council Manual.
Financial Impact:
N/A
Recommended Action:
A) Adopt Resolution No. 2020-11, "A Resolution of the City Council of the City of Huntington Beach
Temporarily Suspending the City Council Manual Section 8 Regarding Statewide Ballot Propositions;"
and,
B) Adopt Resolution No. 2020-12, "A Resolution of the City Council of the City of Huntington Beach
Supporting the Reducing Crime and Keeping California Safe Act of 2020."
Alternative Action(s):
Do not approve the resolutions, and take no position on The Reducing Crime and Keeping California
Safe Act of 2020.
City of Huntington Beach Page 1 of 3 r Printed on 2/13/2020
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File #: 20-1397 MEETING DATE: 2/18/2020
Analysis:
On January 29, 2020, the Intergovernmental Relations Committee (IRC) comprised of Mayor Lyn
Semeta and Council Member Patrick Brenden met to discuss pending Federal and State legislation,
in addition to regional items. The IRC discussed and reviewed the Reducing Crime and Keeping
California Safe Act of 2020 Ballot measure, and recommends that the City Council support this
initiative.
The City Council Manual has a provision that states the City Council shall take no stand, either pro or
con, with respect to any statewide ballot propositions. Therefore, if the City Council decides to
support the IRC's recommendation, the City Council should also adopt a resolution that suspends the
City Council Manual statewide ballot provision for this one action.
The Keeping California Safe Act (Act) of 2020 includes key components that address the negative
impacts of AB 109, Prop 47, and Prop 57, implementing much needed common-sense reform to the
State's criminal justice system.
ACT SYNOPSIS:
• Reclassifies certain crimes from "nonviolent" to "violent" felonies.
• Adjustments to address serial theft offenders benefiting from Prop 47, by making theft
chargeable as a felony on the third theft event.
• Adjustments to help address the negative impacts of AB 109, by requiring an individual's entire
criminal history be considered when deciding parole, and requiring a hearing to determine if an
individual should be sent back to State prison following their third "flash hold."
The Reducing Crime and Keeping California Safe Act of 2020 is a statewide ballot initiative that is
scheduled to be presented to California voters on November 3, 2020. The initiative is being placed
on the ballot as a result of a signature gathering effort.
Components of the proposed initiative include:
Violent Crime Definition
In November 2016, voters approved Proposition 57, which made certain prisoners available for early
parole and eventual release from state prison. Those convicted of"violent crime" were excluded
from the early release provisions of Proposition 57. Unfortunately, numerous felonies listed in the
penal code are not specifically defined as "violent felonies." Several of these felonies are, in fact,
violent in nature but are not statutorily defined as such. Until the passage of Proposition 57 this lack
of designation made little difference. With the passage of Proposition 57, it is now necessary to
ensure that the State of California's code clearly designates those felonies that are violent so that
such offenders are not released into the community before their full time is served. Under the
Reducing Crime and Keeping California Safe Act of 2020, the definition of"violent felonies" will be
expanded to include many crimes already deemed serious or dangerous such as sex trafficking of
children, rape of an unconscious person, felony assault with a deadly weapon, battery on a police
officer or firefighter and felony domestic violence.
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File #: 20-1397 MEETING DATE: 2/18/2020
Serial Theft
Proposition 47 changed the dollar threshold for theft to be considered a felony from $450 to $950. As
a result, there has been a significant increase in serial theft and an inability of law enforcement to
effectively prosecute these crimes. The proposed initiative revises the theft threshold by adding a
felony for serial theft when a person is caught for the third time stealing with a value of$250 or more.
Parole Violations
AB 109, or Public Safety Realignment, was signed into law by the Governor in 2011. Among many
other changes, the law based parole solely on an offender's commitment offense, resulting in the
release of inmates with serious and violent criminal histories. Moreover, parolees who repeatedly
violate the terms of their parole currently face few consequences, allowing them to remain on the
street. The proposed initiative requires the Board of Parole Hearings to consider an inmate's entire
criminal history when deciding parole, not just his most recent commitment offense; and requires a
mandatory hearing to determine whether parole should be revoked for any parolee who violates the
terms of his parole for the third time.
DNA Collection
Proposition 47 eliminated DNA collection for certain theft and drug crimes. The proposed initiative
will restore DNA collection from persons convicted for such offenses. Permitting collection of more
DNA samples will help identify suspects, clear the innocent and free the wrongly convicted. This
measure does not affect existing legal safeguards that protect the privacy of individuals by allowing
for the removal of their DNA profile if they are not charged with a crime, are acquitted or are found
innocent.
Environmental Status:
N/A
Strategic Plan Goal:
Enhance and modernize public safety service delivery
Attachment(s):
1. Resolution No. 2020-11, "A Resolution of the City Council of the City of Huntington Beach
Temporarily Suspending the City Council Manual Section 8 Regarding Statewide Ballot
Propositions"
2. Resolution No. 2020-12, "A Resolution of the City Council of the City of Huntington Beach
Supporting the Reducing Crime and Keeping California Safe Act 2020."
3. Handout: An Initiative for Public Safety
4. Handout: List of Current Non-Violent Crimes
5. Handout: Previous Legislation Addressing Definition of Serious/Violent Crimes
City of Huntington Beach Page 3 of 3 Printed on 2/13/2020
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ATTACHMENT # 1---------Al
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RESOLUTION NO. 2020-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH TEMPORARILY SUSPENDING CITY COUNCIL MANUAL SECTION 8
REGARDING STATEWIDE BALLOT PROPOSITIONS
WHEREAS, on October 26, 1976, the City Council adopted Resolution 4344,
which in part, added Section 1.01.08 to the City Council Manual which prohibits the City
Council from taking a stand, pro or con, to any statewide ballot proposition,.`-'
At the January 29, 2020 Intergovernmental Relations Committees meeting it was
recommended that City Council support the Keep California Safe Act a Statewide ballot
measure. ,
The City Council of the City of Huntington Beach desires to vote (either pro or
con) regarding Keep California Safe Act; and
NOW, THEREFORE, the City Council of the City of Huntington Beach does
hereby resolve as follows:
1. City Council Manual Section 8f'shall be suspended for this City Council
Meeting taking place on February 18, 2020, 'with regard to voting pro or con with regard
to Keep California Safe, a statewide ballot-measure.
PASSED AND ADOPTED b/the City Council of the City of Huntington Beach
at a regular meeting thereof held on•`the day of , 2020.
Mayor
P
REVIEWED ANDrAPPROVED:
' INITIATED AND APPROVED:
f
City Manager
City Manager
APPRQVED AS TO FORM:
r
`)City Attorney
O A CWW TAKEN
20-8466/224769
ATTAC H M E N T #2
RESOLUTION NO. 2020-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH SUPPORTING THE REDUCING CRIME AND KEEPING CALIFORNIA
SAFE ACT OF 2020
WHEREAS, protecting every person in our state, including our most
vulnerable children, from violent crime is of the utmost importance. Murderers,
rapists, child molesters and other violent criminals should not be released early
from prison; and
Since 2014, California has had a larger increase in violent crime than the rest of
the United States. Since 2013, violent crime in Los Angeles has increased 69.5%.
Violent crime in Sacramento rose faster during the first six months of 2015 than in any
of the 25 largest U.S. cities tracked by the FBI; and
The FBI Preliminary Semiannual Uniform Crime Report for 2017, which
tracks crimes committed during the first six months of the past year in U. S. cities with
populations over 100,000, indicates that last year violent crime increased again in
most of California's largest cities.
Recent changes to parole laws allowed the early release of dangerous
criminals by the law's failure to define certain crimes as "violent." These changes
allowed individuals convicted of sex trafficking of children, rape of an unconscious
person, felony assault with a deadly weapon, battery on a police officer or
firefighter, and felony domestic violence to be considered "nonviolent offenders.";
and
As a result, these so-called "non-violent" offenders are eligible for early
release from prison after serving only a fraction of the sentence ordered by a judge;
and
Violent offenders are also being allowed to remain free in our communities
even when they commit new crimes and violate the terms of their post release
community supervision, like the gang member charged with the murder of Whittier
Police Officer, Keith Boyer; and
This measure reforms the law so felons who violate the terms of their
release can be brought back to court and held accountable for such violations; and
Nothing in this act is intended to create additional "strike" offenses which
would increase the state prison population, nor is it intended to affect the ability of
the California Department of Corrections and Rehabilitation to award educational
{
and merit credits; and
Recent changes to California law allow individuals who steal repeatedly to
face few consequences, regardless of their criminal record or how many times they
steal; and
Resolution No. 2020-12
As a result, between 2014 and 2016, California had the 2nd highest increase
in theft and property crimes in the United States, while most states have seen a
steady decline. According to the California Department of Justice, the value of
property stolen in 2015 was $2.5 billion with an increase of 13 percent since 2014,
the largest single-year increase in at least ten years; and
Grocery store operators around the state have seen unprecedented increases
in the amount of losses associated with shoplifting in their stores, with some
reporting up to 150% increases in these losses from 2012 to present, with the
largest jumps occurring since 2014; and
Shoplifting incidents have started to escalate in such a manner that have
endangered innocent customers and employees; and
Individuals who repeatedly steal often do so to support their drug habit. Recent
changes to California law have reduced judges' ability to order individuals convicted of
repeated theft crimes into effective drug treatment programs; and
California needs stronger laws for those who are repeatedly convicted of theft
related crimes, which will encourage those who repeatedly steal to support their drug
problem to enter into existing drug treatment programs. This measure enacts such
reforms; and
Collecting DNA from criminals is essential to solving violent crimes. Over
450 violent crimes including murder, rape and robbery have gone unsolved because
DNA is being collected from fewer criminals; and
DNA collected in 2015 from a convicted child molester solved the rape-murders
of two six-year-old boys that occurred three decades ago in Los Angeles County. DNA
collected in 2016 from an individual caught driving a stolen car solved the 2012 San
Francisco Bay Area rape/murder of an 83-year-old woman; and
Recent changes to California law unintentionally eliminated DNA collection
for theft and drug crimes. This measure restores DNA collection from persons
convicted for such offenses; and
Permitting collection of more DNA samples will help identify suspects,
clear the innocent and free the wrongly convicted, and
This measure does not affect existing legal safeguards that protect the
privacy of individuals by allowing for the removal of their DNA profile if they
are not charged with a crime, are acquitted or are found innocent.
NOW, THEREFORE, the City Council of the City of Huntington Beach does
hereby resolve as follows:
The City of Huntington Beach fully supports the Reducing Crime and Keeping
California Safe Act of 2020.
20-8466/224806 NO ACTION T
Resolution No. 2020-12
PASSED AND ADOPTED by the City Council of the City of Huntington Beach
at a regular meeting thereof held on the day of , 2020.
Mayor
REVIEWED AND APPROVED:
INITIATED AND APPROVED:
City Manager ----�
-r6tQcity Manager
APPROVED S TO FORM:
1 ]
City Attorney
ACTION ITA
20-8466/224806
ATTACHMENT #3
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An Initiative for Public Safety
VIOLENT CRIME
'
What is a violent crime'? For California's new parole law,
the definition is murky — and it matters (Los Angeles Times)
Expands the list of violent crimes for which early release is not an option
Under current law, rape of an unconscious person, trafficking a child for sex,
assault of a peace officer, felony domestic violence and other similar crimes are not
classified as "violent felonies" — making criminals convicted of these crimes eligible
for early release
Gives victims reasonable notice of inmates' release and the right to submit a
confidential statement to the Board of Parole Hearings
DNA COLLECTION
California's DNA database gets fewer
hits due to Prop. 47 (KCRA)
Reinstates DNA collection for certain crimes that were reduced to misdemeanors as
part of Proposition 47
Multiple studies have shown that DNA collected from theft and drug crimes has
helped solve other violent crimes, including robbery, rape and murder. Since passage
of Prop. 47, cold case hits have dropped over 2,000, with more than 450 of those hits
connected to violent crimes
218
SERIAL THEFT
An explosion of California property crimes
— due to Prop. 47 (San Francisco Chronicle)
Revises the theft threshold by adding a felony for serial theft — when a person is
caught for the 3rd time stealing with a value of$250
Prop. 47 changed the dollar threshold for theft to be considered a felony—from
$450 to $950. As a result, there has been an explosion of serial theft and an inability
of law enforcement to prosecute these crimes effectively. Theft has increased by
12% to 25%, with losses of a billion dollars since the law was passed.
This problem won't be solved legislatively
PAROLE VIOLATIONS
Suspect in Whittier police officer shooting death
arrested 5 times in last 7 months (Whittier Daily News)
Requires the Board of Parole Hearings to consider an inmate's entire criminal history
when deciding parole, not just his most recent commitment offense; and requires a
mandatory hearing to determine whether parole should be revoked for any parolee
who violates the terms of his parole for the third time
AB 109 bases parole solely on an offender's commitment offense, resulting in the
release of inmates with serious and violent criminal histories. Moreover, parolees who
repeatedly violate the terms of their parole currently face few consequences, allowing
them to remain on the street
0 AV
Keep California
A Project of the California Public Safety Partnership Issues Committee
Paid for by Keep California Safe,a Project of the California Public Safety Partnership Issues Committee
Committee major funding from
San Bernardino County Sheriff's Employees'Benefit Association
Funding details at www.fppc.ca.gov
219
ATTACHMENT #4
"'r;;,
Sell a child for sex in California.
Get out of prison early.
The following crimes are not considered "violent" under current California law, allowing inmates convicted of these
crimes to be released from prison early. Our initiative stops early release by making these crimes violent.
® Human trafficking of a child a Assault with caustic chemicals
;z Abducting a minor for prostitution n Assault by a caregiver on a child under 8 that could result
® Rape by intoxication in death or coma
• Rape of an unconscious person a Felony assault using force likely to produce great bodily injury
• Felony sexual penetration, sodomy,or oral m False imprisonment/taking a hostage when avoiding arrest
copulation when drugs are used or the victim or to use as a shield
is unconscious m Assaulting a police officer with anything except a firearm
• Drive by shooting, or shooting, at an inhabited ■ Exploding a bomb to injure people
dwelling or vehicle w Felony hate crime
• Assault with a firearm m Any felony where a deadly weapon is used
• Felony domestic violence z Felony use of force or threats against
• Felony assault with a deadly weapon a witness or victim of a crime
• Serial arson m Felony elder or dependent adult abuse
m Solicitation to commit murder a Any crime requiring lifetime(290)sex offender registration
Keep Cafiforn-la Safe
A Project of the California Public Safety Partnership Issues Committee
Paid for by Keep California Safe,a Project of the California Public Safety Partnership Issues Committee
Committee major funding from
San Bernardino County Sheriff's Employees'Benefit Association
Funding details at www.fppc.ca.gov
220
ATTACHMENT #5
1IOUS LEGISLATION ADDRESSING *(H-C) Held in Committee witl-
Committe due
NITION OF SERIOUS/VIOLENT *(D-AC) D ednin Appropr a ton!
IES
AB 27- Mel, Gonz, AB 67- Rod, Cer
a Adding rape of an
AB 60-Several, unconscious person (H-C) Santiago
SB 1269- Galgiani, Adding human
AB 16- Swanson,
q � Add Felony Battery
Add human Add human trafficking (H-C
(D-C)
trafficking of a child trafficking (D-C)
(D-AC) AB 197- Kiley,
Add child abduc
and lewd act (H
RP-
)7 2009 {{ 2011 2015 2016 2017
SB 652- I
Add felo
possessi�
a � firearm
AB 1188- Pan, SB 75- Bates,
SB 440- Denham, Add crimes against Add human SB 770- Glazer,
k '= Add several crimes on children including trafficking and ` Add series of crimes
our list (D-C) human trafficking (D-C) assault with a deadly H-C
weapon (D-C)
*(H-C) Held in Committee
1IOUS LEGISLATION TO REFORM DNA *(D-AC) Died in Appropeia
_ECTION
SB 1079- DNA evidence: CODIS
(Combined DNA Index System)
Outcome Project - Glazier, Expand
list of crimes eligible for DNA AB 16- Criminal Law: DNA
collection evidence - Cooper DNA (H-C)
SN
2014 2015 2017
SB 781- Criminal Law: DNA
evidence - Glazier DNA (H-C)
*(H-C) in Committee wi
1IOUS LEGISLATION TO ADDRESS *(D-C) D eld in Committee due
EMIC OF SERIAL THEFT
AB 1326- Petty Theft
3 2287- Theft: subsequent convictions -
ioplifting - Lackey, Cooper, Allows for
lows aggregation of prosecution of theft as
ultiple thefts for felony felony with prior theft
-osecution (D-C)
s convictions (H-C)
3
2016 2017
AB 392- Conspiracy:
shoplifting - Lackey, All
for felony prosecution
p California Safe,a Project of the California Public Safety Partnership Issues Committee theft if engaged in 'o rgc
Committee major funding from
San Bernardino County Sheriff's Employees'Benefit Association theft rings (D-C)
Funding details at www.fppc.ca.gov