HomeMy WebLinkAbout2024-67 - Supporting Proposition 36, the Homelessness, Drug Addiction and Theft Reduction ActRESOLUTION 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;
Resolution No. 2024-67
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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.
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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.
ATTEST:
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City Clerk 1 \V
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APPROVED AS TO FORM:
CITY TTORNEY'S OFFICE
AaAn C. Harp
City Attorney
Will O'Neill
Mayor
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH f
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2024-67 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 101h day of September, 2024; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Will O'Neill, Mayor Pro Tern Joe Stapleton, Councilmember Brad Avery,
Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember
Lauren Kleiman, Councilmember Erik Weigand
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said
City this 111h day of September, 2024.
S4 LI F0-:-Oe
City Clerk