The URL can be used to link to this page

Home My WebLink About07 - Supporting Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction ActQ SEW Pp�T CITY OF z NEWPORT BEACH c�<,FORN'P City Council Staff Report September 10, 2024 Agenda Item No. 7 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Joe Cartwright, Chief of Police - 949-644-3701, jartwright@nbpd.org PREPARED BY: David Miner, Deputy Chief - 949-644-3750, dminer@nbpd.org TITLE: Resolution No. 2024-67: Supporting Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act ABSTRACT: At its August 27, 2024 meeting, the Newport Beach City Council voted unanimously, via a straw poll, in favor of staff returning with a resolution for its consideration that would, if adopted, convey the City of Newport Beach's support of Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act. Proposition 36 is a bi-partisan measure that provides targeted reforms to Proposition 47 that legislative proposals alone are unable to deliver. RECOMMENDATIONS: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2024-67, A Resolution of the City Council of the City of Newport Beach, California, Supporting Proposition 36, the Homelessness, Drug Addiction and Theft Reduction Act. DISCUSSION: At the request of Mayor Will O'Neill and Councilmember Erik Weigand, at the August 27, 2024 City Council meeting, the Council considered placing a resolution on a future agenda that, if adopted, would state the Council's support of Proposition 36. The Council voted unanimously, via a straw poll, in favor of staff bringing forward a resolution for its consideration. Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act, will be voted on by California voters later this year. This measure will amend Proposition 47, approved by voters in 2014. Ten years ago, Proposition 47 reclassified all drug possessions (including cocaine, heroin, fentanyl and methamphetamine) along with all theft offenses where the value was under $950, as misdemeanors. It also created the Safe Neighborhoods and Schools Fund to support rehabilitation programs and fund drug and mental health treatment. 7-1 Resolution No. 2024-67: Supporting Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act September 10, 2024 Page 2 The California District Attorneys Association, along with a coalition that includes crime victims, business owners, and public safety leaders, collected over 900,000 signatures for the measure from March through May of this year. On June 11, 2024, the California Secretary of the State announced that Initiative 23-0017A1, had sufficient signatures to qualify for the November 2024 ballot. Specifically, the measure would amend Proposition 47 by: • Providing drug and mental health treatment for people who are addicted to hard drugs such as fentanyl, cocaine, heroin and methamphetamine; • Adding fentanyl to existing laws that prohibit the possession of hard drugs while armed with a loaded firearm; • Adding fentanyl to existing laws that prohibit the trafficking of large quantities of hard drugs; • Permitting judges to use their discretion to sentence drug dealers to state prison instead of county jail when they are convicted of trafficking hard drugs in large quantities or are armed with a firearm while engaging in drug trafficking; • Warning convicted hard drug dealers and manufacturers that they can be charged with murder if they continue to traffic in hard drugs and someone dies as a result; • Reinstating penalties for hard drug dealers whose trafficking kills or seriously injures a drug user; • Increasing possible penalties for people who repeatedly engage in theft or drug possession, in each case turning the third or subsequent conviction into a misdemeanor/felony wobbler (a crime that could be prosecuted as either a misdemeanor or a felony); and, • Adding new laws to address the increasing problem of "smash and grab" thefts that result in significant losses and damage, or that are committed by multiple thieves working together. Resolution No. 2024-67, if adopted, would convey the City's support of Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act. FISCAL IMPACT: There is no fiscal impact related to this item. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 7-2 Resolution No. 2024-67: Supporting Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act September 10, 2024 Page 3 NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: Attachment A —Resolution No. 2024-67 7-3 ATTACHMENT A RESOLUTION NO. 2024- 67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, SUPPORTING PROPOSITION 36, THE HOMELESSNESS, DRUG ADDICTION AND THEFT REDUCTION ACT WHEREAS, while Proposition 47, commonly referred to as the Safe Neighborhoods and School Act, has made the criminal justice system more equitable, the reduced penalties for both possession of hard drugs (such as cocaine, heroin, and methamphetamine) and theft, has led to unintended consequences over the last decade including, but not limited to, an increase in drug addiction, mental illness, organized retail theft, and inner-city store closings; WHEREAS, in the seven years prior to the passage of Proposition 47, homelessness in California was declining by more than double the national average; WHEREAS, since the passage of Proposition 47, California has seen a dramatic increase in the number of homeless; WHEREAS, California now accounts for twenty-eight percent (28%) of the nation's homeless population; WHEREAS, over the past decade, California has seen a dramatic decrease in mental health and drug treatment for homeless people due, in part, to reduced incentives to participate in treatment; WHEREAS, these unintended consequences of Proposition 47 can only be corrected by the voters at the ballot box with modest amendments to Proposition 47; WHEREAS, Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act, is a bi-partisan measure that provides common sense, targeted reforms to Proposition 47 that legislative proposals alone are unable to deliver; WHEREAS, rampant retail theft is harming businesses and residents in California because those who commit these crimes know they will get away with it, even if they are caught; WHEREAS, this measure will hold repeat offenders accountable, rather than putting them back on the streets; 7-4 Resolution No. 2024- Page 2 of 3 WHEREAS, the fentanyl crisis has reached alarming levels, and was responsible for more than eighty percent (80%) of all drug -related deaths among California's young people in 2021; WHEREAS, Proposition 36 will, among other things, define fentanyl as a hard drug, prohibit the possession of fentanyl while a person is armed with a loaded firearm, hold individuals convicted of trafficking large quantities of fentanyl accountable, reinstate the penalties for hard drug dealers whose trafficking kills or seriously injures others, increase possible penalties for people who repeatedly engage in theft, and permit judges to use their discretion in sentencing drug traffickers; and WHEREAS, the City Council supports Proposition 36, stands for law and order and is committed to safeguarding our community and ensuring that all members of our community are treated with dignity and equality under the law. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby support Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act. Section 2: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 3: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 4: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 7-5 Resolution No. 2024- Page 3 of 3 Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 10th day of September, 2024. Will O'Neill Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE 4...._r c M--- Aaron C. Harp City Attorney 7-6