CC SR 20170815 07 - League 2017 Annual Conference ResolutionsRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 08/15/2017
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA DESCRIPTION:
Consideration and possible action to advise the City's Voting Delegate on the City
Council's position regarding the League of California Cities' 2017 Annual Conference
Resolutions
RECOMMENDED COUNCIL ACTION:
(1) Authorize the City Council's Voting Delegate to support the adoption of League of
California Cities General Assembly Resolution No. 1 (Implement Strategies to
Reduce Negative Impacts of Recent Changes to Criminal Laws); and,
(2) Authorize the City Council's Voting Delegate to support the adoption of League of
California Cities General Assembly Resolution No. 2 (Local Control for
Emergency Medical Response).
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Kit Fox, AICP, Senior Administrative Analyst
REVIEWED BY: Gabriella Yap, Deputy City Manager 4—
APPROVED BY: Doug Willmore, City Manager f l -i
ATTACHED SUPPORTING DOCUMENTS:
A. 2017 League Annual Conference Resolution packet (page A-1)
B. Government Code Sections 38600-38611 (page B-1)
BACKGROUND AND DISCUSSION:
The League's 2017 Annual Conference is being held September 13-15, 2017, at the
Sacramento Convention Center in Sacramento. At the annual conference, the League
General Assembly will consider two (2) Resolutions at the annual business meeting on
September 15, 2017. The City Council is encouraged to review the Resolutions and
determine a City position on them so that the City of Rancho Palos Verdes' Voting
Delegate (i.e., Councilmember Misetich) and/or Alternate(s) may most effectively
represent and convey the City's position on the Resolutions.
Policy development is a vital and on-going process within the League. The principal
means for deciding policy on the important issues facing cities and the League is
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through the League's eight (8) standing Policy Committees' and the Board of Directors.
The process allows for timely consideration of issues in a changing environment and
assures city officials the opportunity to both initiate and influence policy decisions.
Annual Conference Resolutions constitute an additional way to develop League policy.
This year's Resolutions have been reviewed by Staff to identify any potential impact
upon the City. A brief description of each Resolution and Staff's recommendation is
provided below. The full text of each Resolution is attached to this report, along with
related background information provided by each Resolution's sponsors and League
Staff (Attachment A).
Implement Strategies to Reduce Negative Impacts of Recent Changes to
Criminal Laws.
The City of Whittier proposes a Resolution that would call upon the Governor and State
Legislature to enter into discussions with League and other public safety stakeholders to
identify and implement strategies that will reduce the unintended negative impacts of
existing criminal law. The Resolution is endorsed by the cities of La Mirada, Lakewood,
Monrovia, Pico Rivera, Rolling Hills, Santa Fe Springs and South Gate.
As the City Council is well aware, State legislative changes over the past few years
have made fundamental alterations to the fabric of California's criminal justice system.
These changes included AB 109 (2011) as well as Propositions 47 (2014) and 57
(2016). Some changes have been arguably needed, as not all crimes should be
punished with jail sentences. However, the unintended and adverse effects of these
legislative changes have been that cities are facing increasing crime rates as a result of
violent and career criminals serving little to no prison time, while low-level offenders
commit multiple crimes with limited consequences. This increasing level of crime
endangers the health and safety of our residents, law enforcement officers, and public
and private property.
The City of Whittier argues in its proposed Resolution for a 3 -pronged approach to
address the continued and growing adverse impacts of these legislative changes upon
cities:
1. Address Issues with AB 109: Consider total criminal and mental health history
rather than just the latest criminal conviction.
2. Revise the Definition of "Violent Crime": Broaden the definition to include a wider
array of serious offenses.
3. Improve Interagency Data Sharing: Improve the "Smart Justice" platform to
provide more effective statewide data sharing.
In summarizing the proposed Resolution, League Staff notes that this measure is a
response to a trend of rapidly mounting frustration among cities beset by calls for more
Both resolutions will be referred to the Public Safety Policy Committee prior to their
consideration by the General Assembly.
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law enforcement resources as a result of ongoing, sustained criminal activity. The
League further states that there is a growing sense among law enforcement
professionals and local elected officials that current policies that have reduced criminal
penalties, reclassified felonies as misdemeanors and facilitated what amounts to early
release of many offenders who are not truly non-violent, will in time result in a high-
profile tragedy involving significant loss of life.
The City Council has shared the opposition of many California cities to the legislative
changes described in the Resolution. Last year, the City Council went on record in
opposition to Proposition 57. In the current legislative session, the City Council has
gone on record as supporting AB 1408, a measure that would crack down on ex -
offenders who violate terms of post -release community supervision. Therefore, Staff
believes that it is in the City's interest to support 2017 League of California Cities
General Assembly Resolution No. 1.
Recommendation: Staff recommends supporting the adoption of 2017 League of
California Cities General Assembly Resolution No. 1.
2. Local Control for Emergency Medical Response.
The City of Tracy proposes a Resolution supporting legislation amending Government
Code Section 38611 (Attachment B) to clarify the definition of local control providing
broad statutory authority for local officials to determine emergency service levels and
direct emergency medical response within their jurisdictions. The Resolution is
endorsed by the cities of Lathrop, Lodi, Manteca and Stockton, and the Consumnes Fire
Department, a community services district serving the cities of Elk Grove and Galt.
The Emergency Medical Services (EMS) Act was approved in 1980 in response to the
development of paramedic services and a concern that there was a lack of medical
oversight and coordination of emergency medical services. The EMS Act created a
two-tiered system that established a State EMS Agency to coordinate statewide EMS
activities and to develop statewide minimum EMS policies, and a local tier (Local EMS
Agency) to plan, implement and evaluate an EMS System. The EMS Act also includes
language that establishes that "[the] medical direction and management of an
emergency medical services system shall be under the medical control of the medical
director of the local EMS Agency." In each county, the local EMS Agency sets local
EMS policy, and administers and provides medical oversight for cities and special fire
districts to deliver EMS services within the county.
The City of Tracy argues that, as the EMS Act was being formulated in the State
legislature in the late 1970s, the League weighed in heavily concerning the impact of
the proposed EMS Act upon cities. The League argued against depriving cities of local
control over EMS service levels, stating that "[we] believe [local control] is important
because city taxpayers financially support EMS programs and city management is
responsible for their efficient utilization. The city council is responsible for the level of
service and the cost of the program, wholly unrelated to the medical questions." Based
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on that argument, additional language was included in the EMS Act (Section 1797.201)
that allowed and/or obligated local agencies that were providing EMS service to
continue to provide EMS services at the same levels as prior to 1980. These provisions
have been very controversial and have led to several lawsuits between cities/special
districts and local EMS agencies. To address this, the City of Tracy further argues that
Government Code Section 38611—which establishes the authority for cities to provide
fire protection serviced and has not been updated since 1957—should be amended to
clarify local control and allow local governing bodies to determine which services are
directly provided within their respective jurisdictions.
In summarizing the proposed Resolution, League Staff notes that it accurately
expresses the legitimate frustration of cities in their efforts to provide emergency
medical services while abiding by the directives of their local emergency medical
services authorities (LEMSAs), which are county entities. Counties have broad
discretion under existing case law in how they administer EMS under the doctrine of
medical control. To the degree there is dissatisfaction on the part of cities within a given
county or counties, the League also notes that:
A task force convened by the California Emergency Medical Services Authority,
the state entity with jurisdiction over this subject matter, made significant
headway in crafting regulations governing the provision of ground emergency
medical transport — until disputes over local control and the criteria under which a
local (municipal) agency could lay claim to the exclusive right to provide EMS in a
specific operating area led to a lawsuit being filed by the California Fire Chiefs
Association, which effectively suspended the work of the Task Force.
Over the past two decades, multiple attempts at legislation to resolve this issue
have been tried, most without success.
As the City Council is aware, fire protection and EMS are provided in Rancho Palos
Verdes by the Los Angeles County Fire Department (LACoFD) under the auspices of
the Los Angeles County Consolidated Fire Protection District. To the extent that the
proposed Resolution might provide for increased local control over EMS and allow the
City to have more input in customer service standards, it could be of benefit to the
residents of the City and the Peninsula. Therefore, Staff believes that it is in the City's
interest to support 2017 League of California Cities General Assembly Resolution No. 2.
Recommendation:
ALTERNATIVES:
Staff recommends supporting the adoption of 2017 League of
California Cities General Assembly Resolution No. 2.
In addition to the Staff recommendations, the following alternative actions are available
for the City Council's consideration:
Direct the Voting Delegate and/or Alternate(s) to oppose or take no
position on the adoption of 2017 League Resolution No. 1.
El
2. Direct the Voting Delegate and/or Alternate(s) to oppose or take no
position on the adoption of 2017 League Resolution No. 2.
3. Direct Staff to further research issues related to these Resolutions before
providing direction to the Voting Delegate and/or Alternate(s), and
continue this matter to a future meeting on or before September 5, 2017.
��
LEAGUE°
OF CALIFORNIA
CITIES
Annual Conference
Resolutions Packet
2017 Annual Conference Resolutions
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LEAGUE F�6
OF CAI.I FORNIA
CI IE
SeAr€+seer+ t�
Sacramento, California
September 13 —15, 2017
A-1
INFORMATION AND PROCEDURES
RESOLUTIONS CONTAINED IN THIS PACKET: The League bylaws provide that
resolutions shall be referred by the president to an appropriate policy committee for review and
recommendation. Resolutions with committee recommendations shall then be considered by the
General Resolutions Committee at the Annual Conference.
This year, two resolutions have been introduced for consideration by the Annual Conference and
referred to the League policy committees.
POLICY COMMITTEES: One policy committee will meet at the Annual Conference to consider
and take action on the resolutions referred to it. The committee is Public Safety. The committee will
meet from 9:00 — 11:00 a.m. on Wednesday, September 13, at the Hyatt Regency. The sponsors of
the resolutions have been notified of the time and location of the meeting.
GENERAL RESOLUTIONS COMMITTEE: This committee will meet at 1:00 p.m. on Thursday,
September 14, at the Hyatt Regency in Sacramento, to consider the report of the policy committee
regarding the resolutions. This committee includes one representative from each of the League's
regional divisions, functional departments and standing policy committees, as well as other
individuals appointed by the League president. Please check in at the registration desk for room
location.
ANNUAL LUNCHEONBUSINESS MEETING/GENERAL ASSEMBLY: This meeting
will be held at 12:30 p.m. on Friday, September 15, at the Sacramento Convention Center.
PETITIONED RESOLUTIONS: For those issues that develop after the normal 60 -day
deadline, a resolution may be introduced at the Annual Conference with a petition signed by
designated voting delegates of 10 percent of all member cities (48 valid signatures required) and
presented to the Voting Delegates Desk at least 24 hours prior to the time set for convening the
Annual Business Meeting of the General Assembly. This year, that deadline is 12:30 p.m.,
Thursday, September 14. Resolutions can be viewed on the League's Web site:
www.cacities.org/resolutions.
Any questions concerning the resolutions procedures may be directed to Meg Desmond at the
League office: mdesmond(c�r�,cacities.org or (916) 658-8224
1 A-2
GUIDELINES FOR ANNUAL CONFERENCE RESOLUTIONS
Policy development is a vital and ongoing process within the League. The principal means for
deciding policy on the important issues facing cities is through the League's seven standing policy
committees and the board of directors. The process allows for timely consideration of issues in a
changing environment and assures city officials the opportunity to both initiate and influence policy
decisions.
Annual conference resolutions constitute an additional way to develop League policy. Resolutions
should adhere to the following criteria.
Guidelines for Annual Conference Resolutions
Only issues that have a direct bearing on municipal affairs should be considered or adopted
at the Annual Conference.
2. The issue is not of a purely local or regional concern.
3. The recommended policy should not simply restate existing League policy.
4. The resolution should be directed at achieving one of the following objectives:
(a) Focus public or media attention on an issue of major importance to cities.
(b) Establish a new direction for League policy by establishing general principles around
which more detailed policies may be developed by policy committees and the board of
directors.
(c) Consider important issues not adequately addressed by the policy committees and
board of directors.
(d) Amend the League bylaws (requires 2/3 vote at General Assembly).
2 A-3
LOCATION OF MEETINGS
Policy Committee Meetings
Wednesday, September 13
Hyatt Regency Sacramento
1209 L Street, Sacramento
9:00 —11:00 a.m.: Public Safety
General Resolutions Committee
Thursday, September 14, 1:00 p.m.
Hyatt Regency Sacramento
1209 L Street, Sacramento
Annual Business Meeting and General Assembly Luncheon
Friday, September 15, 12:30 p.m.
Sacramento Convention Center
1400 J Street, Sacramento
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KEY TO ACTIONS TAKEN ON RESOLUTIONS
Resolutions have been grouped by policy committees to which they have been assigned.
Number Key Word Index Reviewing Body Action
1 2 3
I - Policy Committee Recommendation
to General Resolutions Committee
2 - General Resolutions Committee
3 - General Assembly
PUBLIC SAFETY POLICY COMMITTEE
2 3
1 Implement Strategies to Reduce Negative Impacts of
Recent Changes to Criminal Laws
2 Local Control for Emergency Medical Response
Information pertaining to the Annual Conference Resolutions will also be posted on each
committee's page on the League website: www.cacities.org. The entire Resolutions Packet will
be posted at: www.cacities.org/resolutions.
4 A-5
KEY TO ACTIONS TAKEN ON RESOLUTIONS (Continued)
Resolutions have been grouped by policy committees to which they have been assigned.
KEY TO REVIEWING BODIES
1. Policy Committee
2. General Resolutions Committee
3. General Assembly
ACTION FOOTNOTES
* Subject matter covered in another resolution
* * Existing League policy
* * * Local authority presently exists
KEY TO ACTIONS TAKEN
A Approve
D Disapprove
N No Action
R Refer to appropriate policy committee for
study
a Amend+
Aa Approve as amended+
Aaa Approve with additional amendment(s)+
Ra Refer as amended to appropriate policy
committee for study+
Raa Additional amendments and refer+
Da Amend (for clarity or brevity) and
Disapprove+
Na Amend (for clarity or brevity) and take No
Action+
W Withdrawn by Sponsor
Procedural Note:
The League of California Cities resolution process at the Annual Conference is guided by the League
Bylaws. A helpful explanation of this process can be found on the League's website by clicking on this
link: Resolution Process.
5 A-6
2017 ANNUAL CONFERENCE RESOLUTIONS
RESOLUTION REFERRED TO PUBLIC SAFETY POLICY COMMITTEE
1. 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
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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.
3. 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.
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• 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.
• Exploding a destructive device or any explosive with intent to injure.
• Exploding a destructive device or any explosive causing great bodily injury.
• Exploding a destructive device or any explosive with intent to murder.
• Robbery.
• Kidnapping.
• Taking of a hostage by an inmate of a state prison.
• Attempt to commit a felony punishable by death or imprisonment in the state prison for
life.
• Any felony in which the defendant personally used a dangerous or deadly weapon.
• Escape from a state prison by use of force or violence.
• Assault with a deadly weapon.
• Extortion as defined in Penal Code section 518, or threats to victims or witnesses as
defined in Penal Code section 136. 1, which would constitute a felony violation of Penal
Code section 186.22.
• Carjacking.
• Discharge of a firearm at an inhabited dwelling, vehicle, or aircraft.
• Throwing acid or flammable substances with intent to injure.
• Continuous sexual abuse of a child.
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.
11111111H
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Background Information on Resolution No. 1
Source: City of Whittier
Background:
During the past several years, State legislative changes have made fundamental alterations to the
fabric of California's criminal justice system. Some changes have been needed, as not all crimes
should be punished with jail sentences. These changes included AB 109 as well as Propositions
47 and 57.
Approved in 2011, AB 109 was approved, transferring nearly 45,000 felons from the State prison
system to local jail systems, resulting in lower -level criminals being released early. Then,
Proposition 47, so called The Safe Neighborhoods and Schools Act, was approved by California
voters in 2014. It reclassified and downgraded a number of serious crimes from felonies to
misdemeanors. Similarly, Proposition 57, called The Public Safety and Rehabilitation Act, was
approved by voters in 2016 and allows the State to provide for the release of up to 30,000
criminals convicted of "non-violent" felonies, including rape by intoxication, driveby shooting,
human trafficking involving sex act with minors, assault with a deadly weapon, to name a few.
Additionally, under Prop 57 repeat criminals are eligible for release after the same period of
incarceration as first time offenders.
Now, California cities and counties are facing increasing crime rates which are being connected
to these legislative actions which created a situation where violent and career criminals are
serving little to no prison time while low-level offenders commit multiple crimes with limited
consequences. This increasing level of crime endangers the health and safety of our residents,
police officers, and property. Negative impacts from these State legislative changes have been
far reaching, and crime rates and the number of victims are increasing 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.
As an example, the Public Policy Institute of California reports since 2015:
• California has experienced an uptick in overall crime
• Property crime is up 145%, violent crime up 54%
• One in four Californians view violence and street crime in their community as a
substantial problem
• Arrests dropped 31% for property crimes and 68% for drug offenses (due to Prop. 47)
• The report concludes auto theft increase is a direct result of AB 109
To make matters even worse, during the past two years we've seen officers shot, wounded and
killed in communities throughout California including Whittier, Downey, Lancaster, Palm
Springs, San Diego, Stanislaus County, and Modoc County. Further, the number of U.S. police
officers killed in the line of duty hit a five-year high in 2016. The National Law Enforcement
Officers Memorial Fund's preliminary report shows that this year's 135 fatalities were a 10%
increase over the 123 officers who died in the line of duty last year.
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When taken together the increases in crime in our communities and reductions in arrests for
many crimes plus violent attacks against police officers underscores the need for a call to action
amongst California's state and local leaders. This conference resolution is an important first step
and seeks to initiate both a dialogue as well as actions to begin reforming California's criminal
justice system by requesting that League staff analyze the negative impacts of recent criminal
law, identify necessary changes, and work with stakeholders to promote support for such
advocacy efforts. The resolution also calls on the Governor, Legislature, cities, and other
stakeholders to work together toward reforms.
The resolution contains three specific reforms:
1. Address Issues with AB 109
The conference resolution promotes the 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.
2. Revise the Definition of Violent Crime
The resolution calls for the League to advocate to place into law for the purposes of
Section 32 of Article I of the California Constitution, a violent offense includes any of the
following crimes:
• 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
• Exploding a destructive device or any explosive with intent to injure
• Exploding a destructive device or any explosive causing great bodily injury
• Exploding a destructive device or any explosive with intent to murder
• Robbery
• Kidnapping
• Taking of a hostage by an inmate of a state prison
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• Attempt to commit a felony punishable by death or imprisonment in the state prison
for life
• Any felony in which the defendant personally used a dangerous or deadly weapon
• Escape from a state prison by use of force or violence
• Assault with a deadly weapon
• Extortion as defined in Penal Code section 518, or threats to victims or witnesses as
defined in Penal Code section 136. 1, which would constitute a felony violation of
Penal Code section 186.22
• Carjacking
• Discharge of a firearm at an inhabited dwelling, vehicle, or aircraft.
• Throwing acid or flammable substances with intent to injure.
• Continuous sexual abuse of a child.
3. Data Sharing
The resolution requests 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.
League of California Cities Staff Analysis on Resolution No. 1
Staff: Tim Cromartie
Committee: Public Safety
Summary:
This Resolution seeks to address increases in crime in the wake of AB 109 (2011), Proposition
47 (2014), which reclassified a host of felony offenses as misdemeanors, and Proposition 57
(2016), which revised the rules of parole for what are designated "non-violent" offenders under
the California Penal Code, but in fact comprise a number of criminal acts that are violent in
nature, or may be committed to facilitate a violent outcome (for example, discharging a firearm
from a motor vehicle).
This Resolution would direct staff to seek legislation expanding the term "violent felony" as
defined in the California Penal Code; to tighten the criteria for the release of non-violent, non-
serious, non -sex offender inmates; to mandate consideration of an inmate's entire criminal
history as part of the deliberations involving whether to grant in individual parole; and to
consider creation of a task force that would be charged with issuing a report recommending
further changes in law, and supported by documentation collected by local agencies and other
key stakeholders.
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Background:
Since 2011, changes in state law, starting with AB 109, altered the fabric of California's criminal
justice system. In 2011, AB 109 began to shift nearly 45,000 felons from the state prison system
to local county jails. Prior to AB 109, many of California's more heavily populated counties
already had jail systems that were operating under court-ordered or self-imposed population
caps. As a result, AB 109 implementation triggered changes in that county jails experienced
over time an influx of a rougher class of offender, and many lower level petty criminals
committing new offenses were simply booked and released, serving no jail time at all.
Proposition 47 followed in 2014, reclassifying a host of felony offenses as misdemeanors and
increasing the threshold amount for a felony charge of grand theft from $450.00 to $900.00. The
effect of this change was to significantly stimulate the volume of petty theft, shoplifting, auto
theft, and organized retail theft (shoplifting involving multiple persons with cell phones,
designated getaway drivers, and a pre -determined escape route often involving a short trip to a
major highway). Proposition 57, approved by voters in 2016, facilitates the potential early
release of a large number of "non-violent" offenders by providing that inmates are eligible for
parole once they have served 100% of their base sentence, without regard to any time served as a
result of any sentencing enhancements. The universe of "non-violent" offenders could include
individuals who have committed the following offenses: rape by intoxication, attempted drive-by
shooting, assault with a deadly weapon, throwing acid with the intent to disfigure, to name but a
few offenses. Since current law defines a "non-violent offender" based on the individual's most
recent commitment offense, even if the individual is a repeat offender, the State Parole Board
must still consider that person's parole application.
This state of affairs includes factors such as a higher proportion of offenders at large on our city
streets, many of whom have had little in the way of rehabilitation programming while
incarcerated, some with drug habits, who are more violent now that when initially incarcerated.
Unless they engage in major illegal activity (murder, rape, arson, armed robbery), the available
sanctions for any violations they commit, such as flash incarceration, i.e. temporary incarceration
for 48-72 hours in a city or county jail, scarcely provide a meaningful deterrent to further
criminal activity.
Communities in California are now facing increasing crime rates which can be linked to these
recent legislative changes, which probation officers and local law enforcement are struggling to
monitor and contain a situation in which a dramatically increase universe of offenders are at
large in our communities.
The Public Policy Institute of California reports that since 2015:
• California has experienced an increase in overall crime
• Property crime is up 145%
• Violent crime is up 54%
• One in four Californians view violence and street crime in their community as a
substantial problem
• Arrests dropped 31% for property crimes and 68% for drug offenses (due to Prop. 47)
• The report concludes auto theft increase is a direct result of AB 109
12 A-13
Support:
Cities of La Mirada, Lakewood, Monrovia, Pico Rivera, Rolling Hills, Santa Fe Springs, and
South Gate
Opposition:
None received.
Fiscal Impact:
The collective and cumulative effect of the current criminal justice policies has led to increased
pressure on county general funds for increased resources for probation supervision and
incarceration in county jails, as well as identical pressure on municipal general funds related to
increased law enforcement activity and in some areas, increased emergency medical services
calls. Should the objectives outlined by the resolution be achieved, those pressures will be
alleviated to a significant but undetermined amount.
Comment:
This measure is a response to a trend of rapidly mounting frustration among cities beset by calls
for more law enforcement resources as a result of ongoing, sustained criminal activity. There is
a growing sense among law enforcement professionals and local elected officials that current
policies which have reduced criminal penalties, reclassified felonies as misdemeanors and
facilitated what amounts to early release of many offenders who are not truly non-violent, will in
time result in a high-profile tragedy involving significant loss of life.
Existing League Policy:
In regard to incarceration policy, the League supports stiffer penalties for violent offenders. In
2014, the League joined the California Police Chiefs in opposing Proposition 47, which reduces
sentencing penalties for specified non -serious and non-violent drug and property crimes. It
directed that the following offenses would be treated as misdemeanors, in most instances
irrespective of the circumstances:
• Commercial Burglary
• Forgery
• Passing Bad Checks
• Grand Theft
• Receipt of Stolen Property
• Petty Theft with a Prior Offense
• Drug Possession
In 2013, the League Board of Directors approved a resolution pertaining to AB 109 (2011),
which implemented Public Safety Realignment and brought significant changes to the state's
incarceration policy. Specifically, it provided that specified categories of felony offenders
previously sentenced to state prison, would prospectively be sentenced to terms in county jails.
The League's Resolution had two significant components relevant to this resolution:
1) It urged the Governor's office to adjust the implementation of Public Safety Realignment
so that the criteria examined to evaluate the appropriateness of release of non-violent,
non -serious, non -sex offender inmates would include their total criminal and mental
13 A-14
history, instead of merely the most recent criminal conviction for which they are
currently committed; and
2) It urged the Governor's office to expedite the development of an effective statewide
data sharing mechanism allowing state and local law enforcement agencies too rapidly
and efficiently share offender information to assist in tracking and monitoring the
activities of AB 109 and other offenders.
Finally, the League in 2016 opposed Proposition 57, which altered rules for parole eligibility for
non-violent felons, potentially facilitating parole before an individual has served any time toward
a sentencing enhancement, and ushered in new rules for good time behavior seeking to
incentivize inmates to undergo rehabilitation programming of an educational/vocational nature.
RESOLUTION REFERRED TO PUBLIC SAFETY POLICY COMMITTEE
2. A RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES SUPPORTING
LEGISLATION AMENDING GOVERNMENT CODE SECTION 38611 TO
CLARIFY THE DEFINITION OF LOCAL CONTROL PROVIDING BROAD
STATUTORY AUTHORITY FOR LOCAL OFFICIALS TO DETERMINE
EMERGENCY SERVICE LEVELS AND DIRECT EMERGENCY MEDICAL
RESPONSE WITHIN THEIR JURISDICTIONS
Source: City of Tracy
Concurrence of five or more cities/city officials: Cities: Lathrop, Lodi, Manteca, Stockton, and
Consumnes Fire Department (Cities of Elk Grove and Galt)
Referred to: Public Safety Policy Committee
Recommendation to General Resolutions Committee:
WHEREAS, Government Code Section 38611 was last amended in 1957 and does not
contain language clarifying the broad scope of emergency services as provided by present day
fire departments; and
WHEREAS, Government Code Section 38611 requires further definition for general law
and charter cities in determining service levels for the delivery of emergency services
commensurate with the resources provided by the local government body; and
WHEREAS, pursuant to Section 7 of Article XI of the California Constitution,
municipal governments are vested with police power which imposes on the responsibility to
protect public safety and public health and municipal governments must provide or contract for
fire and/or emergency medical services; and
WHEREAS, the local provision of fire protection services, rescue services, emergency
medical services, hazardous material emergency response services, ambulance services, and
other services relating to the protection of lives and property is critical to the public peace,
health, and safety of the state; and
14 A-15
WHEREAS, local fire and/or emergency medical services are financed by local
taxpayers and the availability and use of such services is determined by the local governing body
of the jurisdiction to which services are directly provided; and
WHEREAS, amending Government Code Section 38611 would provide the chief of a
fire department specific authority to protect public safety and public health within the
jurisdictional boundaries of the fire department.
RESOLVED, that the League of California Cities General Assembly, assembled at the
League Annual Conference on September 15, 2017 in Sacramento, calls for the Governor and the
Legislature to work with the League and other stakeholders to amend Government Code Section
38611 clarifying the definition of local control, providing broad statutory authority for local
officials to determine emergency service levels and direct emergency medical response within
their jurisdictions.
Backiround Information on Resolution No. 2
Source: City of Tracy
Background:
In 1980, the State Legislature enacted the Emergency Medical Services (EMS) Act in response
to the development of paramedic services and a concern that there was a lack of medical
oversight and coordination of emergency medical services. The EMS Act contains 100 different
provisions in nine separate chapters of the California Health and Safety Code. The EMS Act
created a two-tiered system that established a State EMS Agency to coordinate state-wide EMS
activities and to develop state-wide minimum EMS policies and a local tier (Local EMS Agency)
to plan, implement and evaluate an EMS System. The statute also includes language that
establishes "The medical direction and management of an emergency medical services system
shall be under the medical control of the medical director of the local EMS Agency. " In each
county, the local EMS Agency sets local EMS policy, administers and provides medical
oversight for cities and special fire districts to deliver EMS services within the county.
In the late 1970's, as the EMS Act was being developed, the League of California Cities weighed
heavily concerning the impact of the proposed EMS Act on cities. The League of California
Cities argued against depriving a city of local control over EMS service levels. The League of
California Cities wrote, "We believe (local control) is important because city taxpayers
financially support (EMS) programs and city management is responsible for their efficient
utilization. The city council is responsible for the level of service and the cost of the program,
wholly unrelated to the medical questions. " Based on that argument, additional language was
included in the EMS policy that allowed local agencies that were providing EMS service to
continue (and even obligated) them to continue to provide EMS services at the same levels as
prior to 1980. This addition to the EMS Act (Section 1797.201 — became known as "201
15 A-16
Rights") has been very controversial and has led to several lawsuits between cities/special
districts and local EMS Agencies.
The City of Tracy in San Joaquin County has become the epicenter on the issue of local control
as it relates to who has the authority to determine which resources will respond to medical
emergencies. Several incidents have been noted where poor patient outcomes were the result of
a failed county policy (SJCEMS Agency Policy 3202) that restricts local fire departments from
responding to "low-level" emergencies. The EMS policy decisions within San Joaquin County
have potential implications on every local community within the state of California and
increasingly threaten local control.
Proposed Amendment
The proposed amendment to Government Code Section 38611 would clarify local control and
allow the local governing bodies to determine which services are directly provided within their
respective jurisdictions. The existing law is extremely limited in scope having been last
amended in 1957, at a time when fire departments did not routinely provide many of the
specialized services of today. Changes in services provided include but are not limited to
hazardous materials response, specialized rescue, and emergency medical services. The
amendment aims to support the long-standing tradition in California of local control over the
types, levels, and availability of these services.
League of California Cities Staff Analysis on Resolution No. 2
Staff: Tim Cromartie
Committee: Public Safety
Summary:
This resolution calls for the Governor and the Legislature to work with the League and other
stakeholders to amend Government Code Section 38611 clarifying the definition of local control,
providing broad statutory authority for local officials to determine emergency service levels and
direct emergency medical response within their jurisdictions.
Background:
In 1980, the State Legislature enacted the Emergency Medical Services (EMS) Act in response
to the development of paramedic services and a concern that there was a lack of medical
oversight and coordination of emergency medical services. The EMS Act contains 100 different
provisions in nine separate chapters of the California Health and Safety Code. The EMS Act
created a two-tiered system that established a State EMS Agency to coordinate state-wide EMS
activities and to develop state-wide minimum EMS policies and a local tier (Local EMS Agency)
to plan, implement and evaluate an EMS System.
The statute also includes language that establishes "The medical direction and management of
an emergency medical services system shall be under the medical control of the medical director
16 A-17
of the local EMS Agency. " In each county, the local EMS Agency sets local EMS policy,
administers and provides medical oversight for cities and special fire districts to deliver EMS
services within the county.
In the late 1970's, as the EMS Act was being developed, the League of California Cities weighed
heavily concerning the impact of the proposed EMS Act on cities. The League argued against
depriving a city of local control over EMS service levels. The League wrote, "We believe (local
control) is important because city taxpayers financially support (EMS) programs and city
management is responsible for their efficient utilization. The city council is responsible for the
level of service and the cost of the program, wholly unrelated to the medical questions. " Based
on that argument, additional language was included in the EMS policy that allowed local
agencies that were providing EMS service to continue (and even obligated) them to continue to
provide EMS services at the same levels as prior to 1980. This addition to the EMS Act (Section
1797.201 — became known as "201 Rights") has been very controversial and has led to several
lawsuits between cities/special districts and local EMS Agencies.
The City of Tracy in San Joaquin County has become one of the epicenters on the issue of local
control as it relates to who has the authority to determine which resources will respond to
medical emergencies. Several incidents have been noted where poor patient outcomes have been
attributed by some observers to a county policy (SJCEMS Agency Policy 3202) that restricts
local fire departments from responding to "low-level" emergencies. The EMS policy decisions
within San Joaquin County have potential implications on every local community within the
state of California and increasingly threaten local control.
Support:
Cities of Lathrop, Lodi, Manteca, City of Stockton, and Consumnes Fire Department (Cities of
Elk Grove and Galt)
Opposition:
None received.
Fiscal Impact:
This resolution, if its directive can be achieved, will have no direct fiscal impact on cities. It will
however, provide an atmosphere in which cities that have invested significant resources in
building up and maintaining an independent EMS capability can have confidence that it will be
deployed as intended.
Comment:
While this resolution calls for very specific action to clarify the rules governing emergency
medical services, ideally it would be more generally worded to allow greater flexibility in
pursuing legislative and other solutions to a problem that has existed for decades, spawning both
legislation and multiple incidents of litigation.
However, it accurately expresses the legitimate frustration of cities in their efforts to provide
emergency medical services (EMS) while abiding by the directives of their local emergency
medical services authorities (LEMSA's), which are county entities. Counties have broad
17 A-18
discretion under existing case law in how they administer EMS under the doctrine of medical
control. To the degree there is dissatisfaction on the part of cities within a given county or
counties, the following should be noted:
1) A task force convened by the California Emergency Medical Services Authority, the state
entity with jurisdiction over this subject matter, made significant headway in crafting
regulations governing the provision of ground emergency medical transport -- until
disputes over local control and the criteria under which a local (municipal) agency could
lay claim to the exclusive right to provide EMS in a specific operating area led to a
lawsuit being filed by the California Fire Chiefs Association. That suit effectively
suspended the work of the Task Force.
2) Over the past two decades, multiple attempts at legislation to resolve this issue have been
tried, most without success. It was in part the multiple attempts at legislation that
triggered the formation of the above -referenced task force.
Existing League Policy:
The League supports the fire service mission of saving lives and protecting property through fire
prevention, disaster preparedness, hazardous -materials mitigation, specialized rescue, etc. as well
as cities' authority and discretion to provide all emergency services to their communities.
The League supports and strives to ensure local control of emergency medical services by
authorizing cities and fire districts to prescribe and monitor the manner and scope of pre -hospital
emergency medical services, including transport through ambulance services, all provided within
local boundaries for the purpose of improving the level of pre -hospital emergency medical
service.
The League supports legislation to provide the framework for a solution to longstanding conflict
between cities, counties, the fire service and LEMSA's particularly by local advisory committees
to review and approve the EMS plan and to serve as an appeals body. Conflicts over EMS
governance may be resolved if stakeholders are able to participate in EMS system design and
evaluation and if complainants are given a fair and open hearing.
The League opposes legislation, regulations and standards that impose minimum staffing and
response time standards for city fire and EMS services since such determinations should reflect
the conditions and priorities of individual cities.
The League supports Emergency 911 systems to ensure cities and counties are represented on
decisions affecting emergency response.
18 A-19
LETTERS OF CONCURRENCE
Resolution No. 1
Implement Strategies to Reduce Negative Impacts of
Recent Changes to Criminal Laws
19 A_20
0�4 L.A 1"IqlIir
CITY OF LA MIRADA
DEDICATED TO SERVICE
F
July 11, 2017
General Resolutions Committee
League of California Cities
1400 K Street, Suite 400
Sacramento, CA 95814
13700 La Mirada Boulevard
La Mirada, California 90638
P.O. Box 828
La Mirada, California 90637-0828
Phone: (562) 943-0131 Fax: (562) 943-1464
www.cityoflamirada,org
LETTER OF SUPPORT
SUBJECT: 2017 CONFERENCE RESOLUTION STRATEGIES TO IMPROVE NEGATIVE
IMPACTS OF CRIMINAL LAW
Dear Committee
The City of La Mirada supports the League of California Cities Annual Conference Resolution
proposed by the City of Whittier calling on the Governor and Legislature to enter into discussion
with the League and other public safety stakeholders to identify and implement strategies that
will improve the unintended negative impacts of existing criminal law.
The City of La Mirada has seen increases in property crime that may have resulted from a
combination of legislative actions and voter -approved initiatives. Specifically, since 2014 the
City of La Mirada has seen property crime increase by 41 percent. The proposed resolution
seeks to correct these negative impacts from existing criminal law and considers proactive
measures that could reduce such impacts.
The resolution directs League staff to consider creating a task force with other organizations
and jointly commission a report on the unintended negative impacts of recent criminal law to
identify necessary changes.
The resolution also promotes 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
one's total criminal and mental health history instead of only the most recent criminal conviction.
It encourages continued advocacy to make "violent offenses" include crimes that meet the plain
language definition of "violent".
The resolution further asks the State to improve the Smart Justice platform to allow state and
local law enforcement agencies to rapidly share information to track offenders, and encourages
data collection on post -release community supervision offenders.
The passage of this resolution would provide a range of important reforms to enhance public
safety in our community. For these reasons, the City of La Mirada strongly supports this
resolution to strategically address criminal justice reforms.
Sincerely,
CITY OF A MIRADA
Ed Eng
Mayor
- _EEJ.B;vdr._
Ed Eng Lawrence P. Mowles Steve De Ruse, D. N2iq. John Lewis Andrew Sarega2 Jeff Boynton
Mayor Maya' Pro Tem Councilmember Councilmember COLIn it nember A_L City Manager
41ccc Croi'I
� icc % Lk} or
Ron P Itt:1
Council Monber
July 10, 2017
General Resolutions Committee
League of California Cities
1400 K Street, Suite 400
Sacramento, CA 95814
Diane DuBois
Mayor
RE: 2017 Conference Resolution — Notice of Support
Strategies to Improve Negative Impacts of Criminal Law
Dear Committee:
Jerf Wood
Council Member
Todd Rogers
Cormcil Member
The City of Lakewood supports the League of California Cities Annual Conference Resolution
calling on the Governor and Legislature to enter into discussion with the League and other
public safety stakeholders to identify and implement strategies that will improve the unintended
negative impacts of existing criminal law.
Like other cities, Lakewood has seen increases in property crime that may have resulted from a
combination of legislative actions and voter -approved initiatives. The proposed annual
conference resolution seeks to turn around these negative impacts from existing criminal law
and considers proactive measures that could reduce such impacts. These include:
Request League staff to consider creating a task force with other organizations and jointly
commission a report on the unintended negative impacts of recent criminal dlaw o identify
necessary changes and work with key stakeholders to promote supe g
advocacy efforts.
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. It encourages
continued advocacy to make "violent offenses" include crimes that meet the plain language
definition of "violent."
Request that the State improve the "Smart Justice" platform to allow state and local law
enforcement agencies to rapidly share information to track offenders and encourage data
collection on post -release community supervision offenders.
The ,passage of this resolution would provide a range of important reforms that would enhance
public safety in our community. For these reasons, the City of Lakewood strongly supports this
resolution to strategically address criminal justice reforms.
Sincerely,
,4,� 4,&<,�
Diane DuBois
Mayor
Lakewood
5050 Clark Avenue, Laketsood, CA 90712 • {562) 866-9771 • Fax {562}:i¢6-4545 • MINN ke.lakci oodcity.org • Email: service OT]I cih mrg
A-2
City of MONP\OVIA
�I•i�I11CI1C8 �I
it �r
July 11, 2017
President JoAnne Mounce
The League of California Cities
1400 K Street, Suite 400
Sacramento, CA 95814
W •
RE: Letter of Support for the Resolution Brought Forward by the City of Whittier Regarding the Unintended Negative
Consequences of Recent Legislative Changes to California's Criminal Justice System
Dear Ms. Mounce:
The City of Monrovia strongly supports the Resolution brought forth by the City of Whittier, which asks the League of
California Cities (League) to initiate and facilitate further discussion between the Governor, the State Legislature, and other
key public safety stakeholders regarding the legislative changes that have been made to California's criminal justice system
during the past few years.
Taken together, Assembly Bill 109, Proposition 47, and Proposition 57 have reshaped how we approach public safety issues
in our State. And certainly, the identified measures have resulted in measurable and positive impacts to California's criminal
justice system, such as a decrease in the State prison system population. However, the cumulative effect of these legislative
actions have had several significant unintended consequences, which have resulted in California cities now needing to
address increasingly complex public safety challenges.
For example, in the City of Monrovia, violent and property crimes increased by 19% when comparing 2016 crime levels
against 2015 rates. On -the -street information being provided by our Police Officers seems to correlate that the increasing
levels of crime are connected with the legislative changes that have been enacted in California during the past several years,
Additionally, the public safety issues we are experiencing in Monrovia are not occurring in a vacuum, as other neighboring
jurisdictions are reporting similar concerns that impact our region as a whole.
Given these factors, we believe that California's overall criminal justice system needs to be carefully reexamined for potential
methods to mitigate these emerging public safety issues. The City of Whittier's Resolution represents a positive first step,
which includes the formation of a task force to examine possible criminal justice system modifications in greater detail. We
believe that such a step would be a move in the right direction for California.
For these reasons, the City of Monrovia strongly supports the Resolution brought forth by the City of Whittier. Of course,
please feel free to contact me if I can provide any additional information. I can be reached at (626) 932-5501, or via email
at Ochi@ci.monrovia.ca.us.
B st regards,
6e
--.
Oliver Chi
City Manager
415 Sonth Ivy Avenge
• Monrovia, California 91016-2888
22
• (626) 932-5550 • FAX (626) 932-5520
A-23
+r
r 1r74LL'.
Rene Bobadilla, R.E.
City Manager
July 12, 2017
City of Pico Rivera
OFFICE OF THE CITY MANAGER
6615 Passons Boulevard . Pico Rivera, California 90660
(562) 801-4379
Web: www.pico-rivero.org • e-mail: rbobodilla@pico-rivera.org
General Resolutions Committee
League of California Cities
1400 K Street, Suite 400
Sacramento, CA 95814
RE: 2017 Conference Resolution
Strategies to Improve Negative Impacts of Criminal Law
Notice of Support
Dear Committee:
City Council
Bob J. Archuleta
Mayor
Gustavo V. Camacho
Mayor Pro Tem
David W. Armenta
Counciimember
Gregory 5alcido
Couriciimember
Brent A.Tercero
Counciirnember
The City of Pico Rivera supports the League of California Cities Annual Conference
Resolution calling on the Governor and Legislature to enter into discussion with the
League and other public safety stakeholders to identify and implement strategies that will
improve the unintended negative impacts of existing criminal law.
The City of Pico Rivera has seen increases in property crime that may have resulted from
a combination of legislative actions and voter -approved initiatives. Following are some
specific impacts provided by the Pico Rivera Sheriff's Department:
Part I crimps
Robbery is up 10.26% in 2017 compared to 2016
Larceny Theft is up 4.09% in 2017 compared to 2016
Part II crimes
Weapon Law is up 9.68% in 2017 compared to 2016
Felony Transport & or Sales of controlled substance (except Marijuana) is up 44.44%
compared to 2016
Misdemeanor Possession of a Controlled Substance (excluding Marijuana) is up
56.06% compared to 2016
Under the influence of Narcotic is up 28.57% in 2017 compared to 2016
The proposed annual conference resolution seeks to turn around these negative impacts
from existing criminal law and considers proactive measures that could reduce such
impacts.
23 A-24
General Resolutions Committee
2017 Conference Resolution — Strategies to Improve Negative Impacts of Criminal Law
Notice of Support
July 12, 2017
Page 2
The resolution directs League staff to consider creating a task force with other
organizations and jointly commission a report on the unintended negative impacts of
recent criminal law to identify necessary changes, working with key stakeholders to
promote support for resulting advocacy efforts.
The resolution also promotes 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. It encourages continued advocacy to make "violent offenses" include crimes
that meet the plain language definition of "violent".
The resolution further asks the State to improve the Smart Justice platform to allow state
and local law enforcement agencies to rapidly share information to track offenders, and
encourages data collection on post -release community supervision offenders.
The passage of this resolution would provide a range of important reforms that would
enhance public safety in our community. For these reasons, the City of Pico Rivera
strongly supports this resolution to strategically address criminal justice reforms.
Best regards,
Rene Bobadilla, P.E.
City Manager
City of Pico Rivera
24 A-25
July 11, 1U17
City ollevll nS �A& INCORPORHiED JANUARY 24 1957
General Resolutions Committee
League of Cdlitornia Cities
14Uu x 5treet'Suite 400
Sacramento, CA ,;68m
Kt: ZU17 Conference Kesolution
strategies to improve Negative Impacts of criminal Law
Notice ut support
Uear Members of the General Resolutions Committee:
NO. z PORI MUtSE BEND ROAD
ROMMIG RICE, CALIF. 90274
(zi0) Sri -1521
Pv,n: (310) 377-7288
As a member of the Rolling Hills City Council, I support the League of California Cities
AnnuNI Conferen.-e Resolution calling on the Governor and Legislature to enter into
discussion With the League and with other public safety stakeholders to identify mrd
implement strategies that will relieve the unintended negative impacts of existing
criminal law.
The City of Kolling Hills has seen increases in b.glaries, mail/ package theft and other
,property related cru�te that lnay have resulted from a combination of legislative actions
and voter-a,p,proved udtiatives. The City has also seen a sigr-Mcm-tt jump in identity
theft. The ,proposed annual conference resolution seeks to turn around these negative
impacts trom existing crardnal law and considers ,proactive measures that could reduce
such impacts.
The resolution directs League staft to consider creating a task to.ce with other
organizations and jointly commission a report on the unintended negative impacts of
recent criminal law to identity neLes5cuy Lhaiiges, working with key stakeholders to
prorrrotc support tor resulting advocacy ettorts.
1 he resolution also promotes al L amendment of appropriate sections of Ali 109 to
change the criteria justifying the release of non-violent, non -serious, non -se., offender
nunates to include their total crinLinal and mental health history instead of only their
last criminal conviction. It encourages continued advocacy to make "violent ottenses"
include crimes that meet the plain language definition of "violent".
25 L)
® Printed ort AR:2rr
General xesolutions Coiaiuuttee
July 12, 2017
Re: 2017 Contere�,ce Resolution Srrater;e5 to Improve Negative impacts of C,.uuinal Law -
Netice of Support
Fage 1
The resoiution further asks the State to improve the Smart Justice platform to allow
state ana local law entorcemunt agencies to rapidly share information to track
ottenaers, and encou.ages data collection on post -release wuununity suyervision
offenders.
the passage of this resolution would provide a rmu—tge of impo,.tm—tt reforms that would
enhance public s5fery in our community. For these reasons, I strongly support this
resolution to strategically address criminal justice retoriru,.
Sincerely,
J
Bea Dieringer
Councilmember
City of Kolling Hilts
RC:Bu:hl
07-12-17Leugue xv�lutien Supporr.dacz
26 A-27
NONNI/
F
111�0
11710 Telegraph Road CA 90670-3679 (562) 868-0511 Fax (562) 868-7112 www.santafesprings.org
A great place to live, wok, and play"
July 11, 2017
General Resolutions Committee
League of California Cities
1400 K Street, Suite 400
Sacramento, CA 95814
RE: 2017 Conference Resolution
Strategies to Improve Negative Impacts of Criminal Law
Notice of Support
Dear Committee:
The City of Santa Fe Springs supports the League of California Cities Annual Conference Resolution calling
on the Governor and Legislature to enter into discussion with the League and other public safety
stakeholders to identify and implement strategies that will improve the unintended negative impacts of
existing criminal law.
The City of Santa Fe Springs has seen increases in property crime that may have resulted from a
combination of legislative actions and voter -approved initiatives. In addition, the City of Santa Fe Springs
contracts with the Whittier Police Department for Law Enforcement Services. In February, Whittier Police
Department Officer Keith Boyer was gunned down by a AB 109 offender in a heinous act of indiscrimate
violence. We feel strongly that AB 109 and the loosening of oversight and control over recidivist offenders
was atleast partially responsible in Officer Boyer's death. We believe that the proposed annual conference
resolution seeks to turn around these negative impacts from existing criminal law and considers proactive
measures that could reduce such impacts.
The resolution directs League staff to consider creating a task force with other organizations and jointly
commission a report on the unintended negative impacts of recent criminal law to identify necessary
changes, working with key stakeholders to promote support for resulting advocacy efforts.
The resolution also promotes 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. It encourages continued advocacy
to make "violent offenses" include crimes that meet the plain language definition of "violent".
The resolution further asks the State to improve the Smart Justice platform to allow state and local law
enforcement agencies to rapidly share information to track offenders, and encourages data collection on
post -release community supervision offenders.
William K. Rounds, Mayor • Jay Sarno, Mayor Pro Tem
City Council
Richard J. Moore • Juanita Trujillo • Joe Angel Zamora
City Manager
Thaddeus McCormack
27 A-28
July 10, 2017
Page 2
2017 Conference Resolution
The passage of this resolution would provide a range of important reforms that would enhance public safety
in our community. For these reasons, the City of Santa Fe Springs strongly supports this resolution to
strategically address criminal justice reforms.
Sincerely,
WJA-� K
P-�-
William K. Rounds, Mayor
City of Santa Fe Springs
William K. Rounds, Mayor • Jay Sarno, Mayor Pro Tem
City Council
Richard J. Moore • Juanita Trujillo • Joe Angel Zamora
City Manager
Thaddeus McCormack
28 A-29
z City of Sautes Cate
8650 CALIFORNIA AVENUE SOUTH GATE, CA 90280-3075 - (323) 563-9543
��i
WWW.CiTYOF.OUTHGATE.ORG FAX (323) 569-2678
MARIA DAVILA, Mayof
MARIA t hLtN titRNAL, vi,, Maymr
DLM:I E L)IAL-, uouncI Memdr
JORGE MORALES, Council Member
AL R105, Council MOM57-r
July 11, 201 /
General Resolutions Committer ,
League of California Cities
14UU K street, Nuitc 4UU
Sacramento, CA 95814
RE: 2017 ANNUAL CONFERENCE RESOLU i IOW : S i RATEGIES To IMPROVE
NEGATIVE IMPACTS OF CRIMINAL LAW -NOTICE OF SUPPORT
llear Committee:
As a Council Member of the City of South Gate, and a Member of the League's Public Safety
Policy Committee, I am writing to express my support of the City of Whittier's 2017 Annual
Coiiference Resolution (Resolution.) 1 he proposed Kesolution colts on the tioverttor and
Legislature to enter into discussion with the League and other public safety stakeholders; to
identify and implement strategies that will improve the uninte�Aed negati,e impacts of
existing .ximinal law.
Cities in Los Angeles County have experienced increases in property crimes that may have
resulted from a combination of legislative actions and voter -approved initiatives. The
proposed Resolution seeks to remedy many of the negative impacts from existing criminal
law and considers proactive measures that could rcducc such impacts.
1 he passage of this Resolution would provide a range of important League directives to
address the growing publi,. safety ,oncems in these communities. Fo. these reaso"s7 1 st,ongly
support this Resolution to strategically address criminal justice reforms.
Y:
.t6rge Morales
Council Member
29 A-30
LETTERS OF CONCURRENCE
Resolution No. 2
Local Control for Emergency Medical Response
30 A-31
ELK GROVE &GALT
July 13, 2017
The Honorable JoAnne Mounce, President
League of California Cities
1400 K Street
Sacramento, California 95814
COSUMNES FIRE DEPARTMENT
10573 E Stockton Blvd.
Elk Grove, CA 95624
(916) 405-7100
Fax (916) 685-6622
www.youresd.com
RE: RESOLUTION THAT SUPPORTS LEGISLATION TO AMEND GOVERNMENT
CODE SECTION 38611 TO CLARIFY THE DEFINITION OF LOCAL CONTROL
Dear President Mounce,
The Cosumnes CSD Fire Department, which encompasses the Cities of Elk Grove and
Galt supports the proposed resolution that would support legislation to amend
Government Code Section 38611 to clarify the definition of local control as it pertains to
emergency services.
A core function of local government is the ability to determine and provide the
appropriated level of emergency response resources. Allowing Local Emergency
Medical Services Agencies (LEMSAs) to determine when and how local fire agencies
respond to emergencies circumvents the role of Fire Chiefs and municipal and special
fire district legislative bodies. It should be the role of the Fire Chief to determine the
required service levels and the role of the local legislative bodies to support the Fire
Chief's recommendations based on community expectations, community risk reduction
strategies and available resources.
Therefore, the Cosumnes CSD Fire Department supports the proposed resolution and
future legislation that would serve to ensure local government determines their
emergency response service levels. If further clarification is required, please let me
know.
Sincerel ,
Michael . McLaughlin
Fire Chief
Community Services District
Enriching Community Saving Lives
31 A-32
City of
Offiaa of the City MlanaSler
Julli 14, 2017
The Honorable JoAnne Mounce, Hrosidant
Leal ua oil Califannia Cites
1404 14 Stre et
Sacramento, CAI 95814
39 a Towne Cenitrc CJr. I1atflrop, CA 99330
All a no (209 ) 9d l -77 7 0 - fax (a 09) 9 41.7248
4"'Xv I'.''6 JIF", Ptdn43.r.94s.t.l us
Sent to Via Email to: MEig flEisrnoirG rnclevmoncl Q aacitic ioorr.¢mai Ito :mdejmond Acraaitie9.on!
Re: RESOLUTION THAT SUI RORTSI LEGJSLATIOIy 10 AIM HND GOVHW M F NT
CODE SECTION 38611 TO CLARIFIY THE DEHINIA]ON OF LOCAL CONTROL
M ar Anesident Mounce,
The City of Lathnop iupponts the 11 noposed re solution that vria t Id s uppa nt legislation to amend
Government Code Section 3861I to olanify the definition of local control as it pertains to
emend (in c y senvia es.
A cone function ofl local government is the ability to deteiimine and pnaliide the appropriated level
of e ma ngency na sponse nesoui ices. Allovning Loa a 1 Blme agency Medical Services Al, c n o ie s
(LEIIMSAs) to determine when and how local fine agencies respond to eme rga na ie s a incumvents
the nola oil Fine Chiefs a n cl municipa 1 a n d spaa is I fire distnict legisla tive bodie s. It should I a the
hole of the Hine Chief to determine the rcquined service levels and the vole c 1 the 114 legislative
t a dies to support the Hine Chieil's ilecommendations based on community a wipe ata tions,
community ris I neduction s tra to Sias and available ra sours a s.
The neibre, the City ofl La thnop s upporits the proposed nese lution and ilutune legislation that would
serve to ensure local government determines their emengency response senviae laual<, If ilurthan
clanifiaation is nequinad, please let me know.
Thank you,
e phe n J. 9 alvatoi ie
City Managen
Co: Members of the Clity of Uathrop Clity Council
Lathiiop M anteca Hina CII ie 1, Gene Nee ly
Tnacy City Managan, Tnoy Bnomin
Tnacy Hire CIl ie 1, Ran dall Bnadley
Central Valley Regional Public Aflains Managan 11CICIC, Stajhan Qualls
32 A-33
CITY COUNCIL
DOUG KUEHNE, Mayor
ALAN NAKANISHI,
Mayor Pro Tempore
MARK CHANDLER
BOBJOHNSON
JOANNE MOUNCE
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6702 / FAX (209) 333-6807
www.lodl.cioy cityclerk(d-lodi,youv
July 19, 2017
The Honorable JoAnne Mounce, President
League of California Cities
1400 K Street, Suite 400
Sacramento, CA 95814
STEPHEN SCHWABAUER
City Manager
JENNIFER M. FERRAIOLO
City Clerk
JANICE D. MAGDICH
City Attorney
RE: RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES SUPPORTING
LEGISLATION AMENDING GC §38611 TO CLARIFY DEFINITION OF LOCAL
CONTROL PROVIDING BROAD STATUTORY AUTHORITY FOR LOCAL
OFFICIALS TO DETERMINE EMERGENCY SERVICE LEVELS AND DIRECT
EMERGENCY MEDICAL RESPONSE WITHIN THEIR JURISDICTIONS
The City of Lodi supports the proposed resolution to support legislation amending
Government Code §38611 to clarify the definition of local control providing broad
statutory authority for local officials to determine emergency service levels and direct
emergency medical response within their jurisdictions.
Accordingly, we concur in the submission of the resolution for consideration by the
League of California Cities General Assembly at its annual meeting on September 15,
2017.
Government Code Section 38611 does not contain language clarifying the broad scope
of emergency services as provided by present day fire departments. The code requires
further definition for general law and charter cities in determining service levels for the
delivery of emergency services commensurate with the resources provided by the local
government body. Amending Government Code Section 38611 would provide the chief of
a fire department specific authority to protect public safety and public health within the
jurisdictional boundaries of the fire department.
The City of Lodi is in strong support of providing statutory authority for local officials to
determine emergency service levels and direct emergency medical response within their
jurisdictions.
Sincerely,
Doug , jhne
Mayor, City of Lodi
DK/JMF
cc: Larry Rooney, Fire Chief, City of Lodi
Randall Bradley, City of Tracy, randall.bradlpy cDci.tracy,ca.us
Stephen Qualls, League of California Cities, squalls(@cacities.om
N:\Admin istration\CLERK\Counci I\CORRESP\L.ETTERS\lemergencyservices2. doe
33 A-34
July 13, 2017
League of California Cities
1400 K Street, Suite 400
Sacramento CA 95814
CITY OF MANTECA - FIRE DEPARTMENT
1154 5. UN/ON ROAD MANTECA, CA 95337
(209) 456-8300 FAX(209)923-8936
RE: A RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES SUPPORTING LEGISLATION AMENDING
GOVERNMENT CODE SECTION 38611 TO CLARIFY THE DEFINITION OF LOCAL CONTROL PROVIDING
BROAD STATUTORY AUTHORITY FOR LOCAL OFFICIALS TO DETERMINE EMERGENCY SERVICE LEVELS
AND DIRECT EMERGENCY MEDICAL RESPONSE WITHIN THEIR JURISDICTIONS
To Whom It May Concern:
This letter confirms that the City of Manteca supports the resolution on Emergency Medical Services
submitted to the League of California cities by the City of Tracy. The City of Manteca believes that
local control of Emergency Services is critical to ensure that the best possible service and protection of
our citizens/taxpayers is provided.
We appreciate the City of Tracy's willingness to bring this crucial issue to the forefront.
Respectfully,
ai�gic Date: i��
Greg Showe an, Acting City Manager
Kyle Shipherd, Fire Chief
Date: 7 .% ,? av 7
34 A-35
MICHAEL TUBBS
Mayor
ELBERT HOLMAN
Vice Mayor
District I
DAN WRIGHT
District 2
SUSAN LOFTHUS
District 3
SUSAN LENZ
District 4
CI 1 1 0 F S TOC K T O 1 V CHRISTINA FUGAZI
District 5
OFFICE OF THE CITY COUNCIL .JESUS ANDRADE
District 6
CITY HALL - 425 N. El Dorado Street - Stockton, CA 95202
209 / 937-8244 - Fax 209 / 937-8568
July 13, 2017
The Honorable JoAnne Mounce, President
League of California Cities
1400 K Street
Sacramento, CA 95814
SUBJECT: Resolution of the League of California Cities Supporting Legislation
Providing Broad Statutory Authority for Local Officials to Determine
Emergency Service Levels - SUPPORT
Dear President Mounce,
On behalf of the City of Stockton, I wish to voice our support of the City of Tracy
proposed resolution for consideration by League membership. Stockton supports this
resolution for the following reasons:
1) The City of Stockton Legislative Program seeks the broadest authority for the City
Council to make decisions locally, particularly related to the local exercise of police
powers;
2) The City of Stockton Legislative Program advocates for efforts that impact the
City's ability to enhance the well-being, quality of life, health, and safety of
residents;
3) The City of Stockton has experienced challenges and frustrations in delivering the
highest quality of emergency medical services to our residents due to provision of
the Emergency Medical Services (EMS) Act.
4) Amendments to the EMS Act would clarify local control and allow governing bodies
to determine which services are directly provided within their respective
jurisdictions.
For these reasons, the City of Stockton concurs with and supports the City of Tracy
proposed resolution for consideration by League membership.
r e
j I
MICHAEL TUBBS
CC' Stockton City Councilmembers
Kurt Wilson, Stockton City Manager
35 A-36
49� ��-LGA',
iir LEGISLATIVE INFORMATION
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GOVERNMENT CODE - GOV
TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. )
DIVISION 3. OFFICERS [36501 - 41805] ( Division 3 added by Stats. 1949, Ch. 79. )
PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. )
CHAPTER 10. Health and Safety [38600 - 38794] ( Chapter 10 added by Stats. 1949, Ch. 79. )
ARTICLE 1. Fire Protection [38600 - 38611] ( Article 1 added by Stats. 1949, Ch. 79. )
38600. The legislative body of a city may provide fire engines and all other necessary or proper apparatus for the
prevention and extinguishment of fires.
(Amended by Stats. 1955, Ch. 624.)
38601. The legislative body of a city may:
(a) Establish and maintain fire limits.
(b) Regulate building and construction and removal of buildings within the city.
(Amended by Stats. 1955, Ch. 624.)
38611. The legislative body of a city organized under general law shall establish a fire department for the city. The
fire department shall be under the charge of a chief who shall have had previous training and experience as a
fireman. The other members of the fire department shall consist of paid firemen or such companies of volunteer
firemen as the legislative body may determine. The city legislative body shall fix and pay the compensation of the
chief and other paid firemen.
Notwithstanding the provisions of this section, and of subdivision (e) of Section 36501, no general law city shall be
required to appoint or elect a fire chief or establish a fire department if such city is included within the boundaries
of an established fire protection district.
(Amended by Stats. 1957, Ch. 674.)
As