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CC - Item 5I - Proposed Support of Public Safety Related Legislative Advocacy Efforts s M F ° 1111't. ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BILL R. MANIS, CITY MANAGER, DATE: SEPTEMBER 12, 2017 SUBJECT: PROPOSED SUPPORT OF PUBLIC SAFETY RELATED LEGISLATIVE ADVOCACY EFFORTS SUMMARY The City of Rosemead has been asked to support the City of Whittier's resolution to the League of California Cities related to the California criminal justice system. The City has also be asked to approve an agreement with the City of Monrovia to join the, Taking Back Our Community Coalition, which aims to engage and educate constituents on the reasons why crime is increasing and build public support for legislative changes at the State level. The cost to join the Coalition is $1,500 per year. DISCUSSION The City of Whittier's Resolution and the formation of the Taking Back Our Community Coalition represent positive steps to mitigate the emerging public safety issues related to changes to California's overall criminal justice system. City of Whiner's Resolution Taken together, Assembly Bill 109, Proposition 47, and Proposition 57 have reshaped how we approach public safety issues in the State of California. While the identified measures have certainly resulted in measurable and positive impacts to California's criminal justice system. the cumulative effect of these legislative actions have also had significant adverse effects resulting in public safety challenges. Most notably, municipalities across California are reporting increases in property and violent crime that law enforcement believe to be related to the legislative changes that have been enacted over the past several years. The City of Whittier has brought forth a resolution asking the League of California Cities to initiate and facilitate further discussion between the Governor, the State Legislature, and other key public safety stakeholders regarding the recent legislative changes that have been made to California's criminal justice system. ITEM NUMBER: 51 City Council Meeting September 12,2017 Page 2 of 3 Taking Back Our Community Coalition During the past few weeks, staff has been engaged in discussions with the City of Monrovia regarding the development of the Taking Back Our Community Coalition. Taking Back Our Community is a new coalition of California cities advocating for the State to engage in further discussions to identify solutions for addressing the unintended consequences of changes made to California's criminal justice system through the enactment of Assembly Bill 109, Proposition 47, and Proposition 57. The Coalition is led by the Cities of Arcadia, Glendora, and Monrovia, with Monrovia acting as the lead administrative agency. The Taking Back Our Community Coalition is quickly growing to include many cities in our region looking to be part of a positive solution. All members of the Coalition will be required to pay the City of Monrovia $1,500 per year. The finds raised will be used to coordinate the development of an overall public education and outreach campaign. Taking Back Our Community Coalition Objectives: • To raise public awareness of why crime is increasing in our State. • To provide a consistent message surrounding the facts and impacts of Assembly Bill 109, Proposition 47, and Proposition 57. • To advocate for State legislative changes to improve law enforcement's ability to respond to crime. Benefits of Becoming a Coalition Member: • Official Taking Back Our Community branding will include the City's logo. • Infographic video summarizing the issue along with impactful video stories told by community members impacted by increasing crime. • In-depth legislative tracking and analysis related to proposed State legislation. • Access to customizable outreach material to share with community members, including: o Informational Brochure o Comprehensive Fact Sheet on AB 109, Prop 47, and Prop 57 o Sample Letter to State Lawmakers • Opportunity to meet regularly with regional members and guest speakers to further the Coalition's objectives. STAFF RECOMMENDATION It is recommended that the City Council direct the League of California Cities representative to vote in support of the Whittier Resolution (Attachment A), approve the Resolution supporting the Taking Back Our Communities Coalition (Attachment B), and authorizes the City Manager or his designee to execute all necessary documents (Attachment C). City Council Meeting September 12,2017 Page 3 of 3 FISCAL IMPACT There is no associated fiscal impact with voicing support for the City of Whittiei s resolution to the League of California Cities. Membership dues for the Taking Back Our Community Coalition is $1,500 per year for each year that the City wishes to remain in the Coalition. Funding for this initiative is available in the City's Fiscal Year 2017/18 Budget. STRATEGIC PLAN IMPACT—None ENVIRONMENTAL REVIEW This project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (C) of the CEQA Implementing Guidelines. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared By: Brad McKinney. Assistant Cip'Manager Attachment A—Whittier Resolution Attachment B—Taking Back Our Community Resolution Attachment C—Taking Back Our Community Agreement E Alici,--). , , r -411ink ,,. 0,,o.w. .. Attachment A Whittier Resolution A RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES CALLING UPON THE GOVERNOR AND LEGISLATURE TO ENTER INTO DISCUSSION WITH LEAGUE AND OTHER PUBLIC SAFETY STAKEHOLDERS TO IDENTIFY AND IMPLEMENT STRATEGIES THAT WILL REDUCE THE UNINTENDED NEGATIVE IMPACTS OF EXISTING CRIMINAL LAW Source: City of Whittier Concurrence of five or more cities/city officials: Cities: La Mirada; Lakewood; Monrovia; Pico Rivera; Rolling Hills; Santa Fe Springs; and South Gate Referred to: Public Safety Policy Committee Recommendation to General Resolutions Committee: WHEREAS, during the past several years, State legislative changes have made fundamental alterations to the fabric of California's criminal justice system. Many of those changes have been needed and necessary, as not all crimes should be punished with jail sentences; and WHEREAS, California cities, counties, and the State, however, are facing increased crime which endangers the health and safety of police officers, residents, business owners, and property due to some of these legislative changes which created a situation where violent and career criminals are serving little to no prison time; and WHEREAS, negative impacts from State legislative changes have been far reaching and crime rates and the number of victims are skyrocketing throughout California. The negative impacts of these laws were unintended when voters and legislators approved the laws, which were instead intended to help lower the prison population in California prisons and appropriately rehabilitate non-violent offenders; and WHEREAS, incentives for offenders to voluntarily enroll in substance abuse programs have diminished, which has had the effect of eroding the safety of our communities; and WHEREAS, AB 109 transferred nearly 45,000 felons from the State prison system to local jail facilities, which were not designed to house criminals on a long-term basis and were unprepared for such an increase in incarcerations, resulting in lower-level criminals being released early, directly impacting rising property crime rates throughout the State; and WHEREAS, many probationers who have severe mental illness are released into communities where they continue to commit crimes that adversely impact the safety of community members and drain the resources of probation departments and police departments throughout the state; and WHEREAS, Proposition 47, The Safe Neighborhoods and Schools Act, downgraded a number of serious crimes from felonies to misdemeanors—drug possession, repeated shoplifting, forging checks, gun theft, and possession of date-rape drugs; and WHEREAS, Proposition 57 categorizes rape by intoxication, rape of an unconscious person, human trafficking involving sex with minors, drive-by shooting, assault with a deadly weapon, domestic violence, hate crime causing physical injury, and corporal injury to a child as "non-violent" felonies and offenders convicted of violating such laws are able to avoid appropriate prison sentences; and WHEREAS, under Proposition 57, criminals who commit multiple crimes against multiple victims will be eligible for release at the same time as offenders who only committed a single crime against a single victim and allows repeat criminals to be eligible for release after the same period of incarceration as first time offenders; and WHEREAS, cities must join together to voice their concerns for these legislative changes that have created an adverse impact on the safety of residents and businesses in local communities. NOW, THEFORE, BE IT RESOLVED by the General Assembly of the League of California Cities, assembled in Sacramento on September 15, 2017, to: 1. Direct League staff to consider creating a task force with other organizations and jointly commission a report on the unintended negative impacts of recent and future criminal law based on appropriate documentation by local agencies to identify necessary changes, working with key stakeholders to promote support for resulting advocacy efforts. 2. Promote an amendment of appropriate sections of AB 109 to change the criteria justifying the release of non-violent, non-serious, non-sex offender inmates to include their total criminal and mental health history instead of only their last criminal conviction. a Continue to advocate to place into law that for the purposes of Section 32 of Article I of the California Constitution, a violent offense includes any of the following: • Murder or voluntary manslaughter. • Mayhem. • Rape. • Sodomy by force, violence, duress, menace, or threat of great bodily harm. • Oral copulation by force, violence, duress, menace, or threat of great bodily harm. • Lewd acts on a child under the age of 14 years. • Any felony punishable by death or imprisonment in the state prison for life. • Any other felony in which the defendant inflicts great or serious bodily injury on any person, other than an accomplice, that has been charged and proven, or any felony in which the defendant uses a firearm which use has been charged and proven. • Attempted murder. • Assault with intent to commit rape or robbery. • Assault with a deadly weapon or instrument on a peace officer. • Assault by a life prisoner on a non-inmate. • Assault with a deadly weapon by an inmate. • arson. • EplocingadestnxtKecbvicea-ayexplasivevnithintent toOtte • Eliccing a destnxtKe device a ay explosive causing gest badly irjuy. • Exploring a destndh.e device a ay explosive with intent to raider. • Rzbbsy. • wdzPPing- - Taking cf a hastary by an irrrete cf a state prison • attempt to carrrit a felay puishable by death a irrpriscr rue t in the state prison for life - Any felay in%riic h the defendant personally used a dargeras a dearly • Escape franastate pris nbyrsecfforceorvidenoe. • assatt with a dearly weapon • Extortion asdefinedinRenal (' sed:icn518, atheastovictims amitnc as defined in Fled Cn t sectiai 136.1, Widi v a4d constitute a felony vidatiai ct Renal Cerra sedian 186.22 - Cajaddrg. • Discharged a firearrnat an int aiited vehide, aaradt. • Ttroningadd aflea iiiWeatistaoeswith intent tolitre • Cnntiruocs sexual atxse cf a dild. 4. Request the State to improve the Smart Justice platform to provide an effective statewide data sharing to allow state and local law enforcement agencies to rapidly and efficiently share offender information to assist in tracking and monitoring the activities of AB 109 and other offenders. 5. Encourage the collection and organization of real world data from cities and counties on the universe of post-release community supervision (PRCS)offenders. 6. Encourage cities throughout California to join in these advocacy efforts to mitigate the unintended negative impacts of recent policy changes to the criminal justice system. 7. Call for the Governor and the Legislature to work with the League and others stakeholders to consider and implement such criminal justice system reforms. //////// E M O or ioRATED.gya Attachment B Taking Back Our Community Resolution RESOLUTION NO. 2017-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, AGREEING TO JOIN THE TAKING BACK OUR COMMUNITY COALITION (HEREINAFTER, THE "COALITION") BY AND AMONG MUNICIPALITIES AND AGENCIES WITHIN THE STATE OF CALIFORNIA("MEMBERS")FOR THE PURPOSE OF ESTABLISHING A UNIFIED MESSAGE TO ADVOCATE FOR COMMON SENSE CHANGES TO CALIFORNIA'S CRIMINAL JUSTICE SYSTEM THAT ADDRESS THE PUBLIC SAFETY IMPACTS RESULTING FROM ASSEMBLY BILL 109, PROPOSITION 47,AND PROPOSITION 57 WHEREAS, Coalition members agree that recent State legislative changes — namely Assembly Bill 109, Proposition 47, and Proposition 57 — made some changes to California's criminal justice system that were needed and necessary; and WHEREAS, Assembly Bill 109, Proposition 47, and Proposition 57, have had negative public safety impacts that have affected cities, counties, and other public safety organizations throughout California; and WHEREAS, through a collaborative effort, the Coalition seeks to advocate for common sense legislative solutions that will enhance the criminal justice system in California more equitably. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. The City of Monrovia shall act as the lead agency with respect to the administration of the Coalition, and shall act as treasurer for the Coalition, responsible for the collection of fees from Coalition members and the payment of costs incurred on behalf of the Coalition; and SECTION 2.In order to achieve the objectives of the Coalition,each Member agrees to pay one thousand fife hundred dollars($1,500.00) on an annual basis to the lead agency as long as the Member wishes to remain in the Coalition. SECTION 3. Each Member shall designate one or more representatives to be an active participant in Coalition meetings, and facilitate the exchange and dissemination of information to further the Coalition's objectives. SECTION 4. The City of Rosemead does hereby join the Taking Back Our Community Coalition as of September 12, 2017, as authorized by the signer below. SECTION 5.The City Clerk shall certify to the adoption of this resolution and hereafter the same shall be in full force and effect. PASSED, APPROVED. AND ADOPTED this 12`h day of September, 2017. Polly Low, Mayor APPROVED AS TO FORM: ATTEST: Rachel Richman, City Attorney Marc Donohue, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF ROSEMEAD I, Marc Donohue, City Clerk of the City Council of the City of Rosemead, California, do hereby certify that the foregoing City Council Resolution, No. 2017-50, was duly adopted by the City Council of the City of Rosemead, California, at a regular meeting thereof held on the 12th day of September,2017, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Marc Donohue, City Clerk 5 E M ivcO ri Gi 4t°RPoRRTEiED “15 Attachment C Taking Back Our Community Agreement TAKING BACK OUR COMMUNITY COALITION This Taking Back Our Community Coalition (hereinafter, the "Coalition") is entered into by and among municipalities and agencies within the State of California ("Members") for the purpose of establishing a unified message to advocate for common sense changes to California's criminal justice system that address the public safety impacts resulting from Assembly Bill 109, Proposition 47,and Proposition 57. RECITALS WHEREAS, Coalition members agree that recent State legislative changes — namely Assembly Bill 109, Proposition 47, and Proposition 57 — made some changes to California's criminal justice system that were needed and necessary; and WHEREAS, Assembly Bill 109, Proposition 47, and Proposition 57, have had negative public safety impacts that have affected cities, counties, and other public safety organizations throughout California; and WHEREAS, through a collaborative effort, the Coalition seeks to advocate for common sense legislative solutions that will enhance the criminal justice system in California more equitably. NOW, THEFORE, the Taking Back Our Community Coalition Members agree as follows: I. The City of Monrovia shall act as the lead agency with respect to the administration of the Coalition, and shall act as treasurer for the Coalition, responsible for the collection of fees from Coalition members and the payment of costs incurred on behalf of the Coalition; and 2. In order to achieve the objectives of the Coalition,each Member agrees to pay one thousand five hundred dollars ($1,500.00) on an annual basis to the lead agency as long as the Member wishes to remain in the Coalition. 3. Each Member shall designate one or more representatives to be an active participant in Coalition meetings, and facilitate the exchange and dissemination of information to further the Coalition's objectives. IN WITNESS THEREOF, the City of Rosemead does hereby join the Taking Back Our Community Coalition as of September 12,2017, as authorized by the signer below. CITY OF ROSEMEAD Approved by: Bill R. Manis, City Manager