CC SR 20210720 07 - Gascon Vote of No Confidence
CITY COUNCIL MEETING DATE: 07/20/2021
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA TITLE:
Consideration and possible action to adopt a vote of no confidence in District Attorney
George Gascón.
RECOMMENDED COUNCIL ACTION:
(1) Adopt Resolution No. 2021-__, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES, CALIFORNIA, OF A VOTE OF NO
CONFIDENCE IN LOS ANGELES COUNTY DISTRICT ATTORNEY GEORGE
GASCÓN.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: McKenzie Bright, Administrative Analyst
REVIEWED BY: Karina Bañales, Deputy City Manager
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Draft Resolution No. 2021-__ (page A-1)
B. June 1, 2021, staff report (page B-1)
BACKGROUND:
On June 1, 2021, the City Council adopted Resolution No. 2021-22 affirming the City’s
support of victims’ rights in response to Los Angeles County District Attorney (DA) George
Gascón’s Special Directives and authorizing the Mayor to sign a letter to DA Gascón
expressing the City’s concerns with the impact of the directives on public safety (see
Attachment B).
At its June 1 meeting, the City Council also provided direction to Staff to bring back a
discussion on a vote of no confidence in DA Gascón if the DA’s Office did not timely
respond to the letter.
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The City’s letter was transmitted to the DA’s Office on June 10. As of the writing of this
report, the DA’s office confirmed receipt of the letter but has not provided a substantive
response. Therefore, staff has prepared a draft resolution of no confidence for the City
Council’s consideration (see Attachment A).
DISCUSSION:
The DA is an elected county official responsible for prosecuting criminal violations of state
law and county ordinances occurring within the county. George Gascón was elected as
the DA for Los Angeles County in November 2020 and sworn into office on December 7,
2020. On December 8, 2020, he issued nine Special Directives outlining new policies and
procedures for the DA’s Office. The following three Special Directives have been
identified as having a potential detrimental impact on public safety and may be
contributing to the ongoing rise in crime:
• Special Directive 20-06 eliminates cash bail for any misdemeanor, non-serious
felony, or non-violent felony offense.
• Special Directive 20-07 declines or dismisses several misdemeanor charges,
including trespassing, disturbing the peace, criminal threats, drug, and
paraphernalia possession, under the influence of controlled substance, public
intoxication, and resisting arrest.
• Special Directive 20-08 eliminates several sentence enhancements, including the
Three Strikes Law, gang enhancements, and violations of bail.
The DA’s Office has a legal and ethical responsibility to execute laws enacted by voters
or the legislature intended to protect the public and uphold prosecutorial policies.
However, the Special Directives unilaterally issued by DA Gascón undermine the
legislative and ballot process and risk the safety of the general public.
As of July 7, 2021, the governing bodies of 22 of the 88 cities in Los Angeles County have
adopted votes of no confidence, including Arcadia, Azusa, Beverly Hills, Covina, Diamond
Bar, Hidden Hills, Lancaster, La Habra Heights, La Mirada, Manhattan Beach, Norwalk,
Palos Verdes Estates, Pico Rivera, Redondo Beach, Rosemead, San Gabriel, Santa
Clarita, Santa Fe Springs, Temple City, and Whittier . These votes of no confidence are
largely policy statements that express opposition to the Special Directives proposed by
DA Gascón. If these Special Directives were reversed, repealed, or amended to address
the concerns expressed by these cities, such policy statements could be reconsidered.
Other cities, such as Monrovia and West Covina , considered taking a different approach
to expressing their concerns with certain policies and Special Directives and have written
letters, similar to the letter approved by the City Council issued on June 10.
CONCLUSION:
Staff recommends the City Council consider adopting the attached draft resolution of no
confidence in DA Gascón.
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ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available for
the City Council’s consideration:
1. Do not adopt the resolution.
2. Direct Staff to author another letter for the Mayor’s signature .
3. Identify revised language to add to the resolution.
4. Take other action, as deemed appropriate.
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Resolution No. 2021-__
Page 1 of 2
RESOLUTION NO. 2021-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES, CALIFORNIA, DECLARING A
VOTE OF “NO CONFIDENCE” IN LOS ANGELES COUNTY
DISTRICT ATTORNEY GEORGE GASCÓN
WHEREAS, the City of Rancho Palos Verdes values and places the highest priority
on public safety; and
WHEREAS, the City of Rancho Palos Verdes prioritizes the enhancement of public
safety and the protection of the general public and victims’ rights; and
WHEREAS, Los Angeles County District Attorney George Gascón has, since his
election, issued a series of “Special Directives” in December 2020, including Special
Directives 20-06, 20-07, and 20-08 that are of concern when it comes to public safety and
rising crime rates; and
WHEREAS, Special Directive 20-06 eliminates cash bail for any misdemeanor,
non-serious felony, or non-violent felony offense; and
WHEREAS, Special Directive 20-07 declines or dismisses several misdemeanor
charges, including trespassing, disturbing the peace, criminal threats, drug and
paraphernalia possession, under the influence of a controlled substance, public
intoxication, and resisting arrest; and
WHEREAS, Special Directive 20-08 eliminates several sentence enhancements,
including the Three Strikes Law, gang enhancements, and violations of bail; and
WHEREAS, some of the Special Directives issued by Los Angeles County District
Attorney George Gascón contradict state laws that were enacted through the state
legislature as well as the legislative ballot initiative process to prevent and prosecute
crime and protect the general public; and
WHEREAS the Special Directives listed in this resolution undermine the legislative
and ballot initiative process and risk the safety of the general public; and
WHEREAS, policies that aim to restructure or amend prosecutorial directives need
to be consistent with state law and issued with reasonable intent and priority to enhance
public safety and protect the general public and victims’ rights.
/ / /
A-1
Resolution No. 2021-__
Page 2 of 2
NOW BE IT, THEREFORE, RESOLVED BY THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES AS FOLLOWS:
Section 1: The City Council of the City of Rancho Palos Verdes has, in public
meeting, taken and passed a vote of “no confidence” in Los Angeles County District
Attorney George Gascón.
Section 2: The City Council of the City of Rancho Palos Verdes directs staff to
transmit this resolution to Mr. Gascón and to such other applicable and interested offices
and organizations as staff deems appropriate.
Section 3: The City Clerk shall certify to the passage of this resolution.
PASSED, APPROVED AND ADOPTED THE 20TH DAY OF JULY 2021.
___________________________
Eric Alegria, Mayor
ATTEST:
___________________________
Teresa Takaoka, City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 2021-__ was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on July 20, 2021.
________________________
Teresa Takaoka, City Clerk
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CITY COUNCIL MEETING DATE: 06/01/2021
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA TITLE:
Consideration and possible action to affirm the City’s support of victims’ rights and
authorize the Mayor to sign a letter to District Attorney Gascón.
RECOMMENDED COUNCIL ACTION:
(1) Adopt Resolution No. 2021-__, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES SUPPORTING VICTIMS’ RIGHTS;
and
(2) Authorize the Mayor to sign a joint Peninsula Cities letter to Los Angeles County
District Attorney George Gascón regarding the impact of Special Directives on
public safety.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: McKenzie Bright, Administrative Analyst
REVIEWED BY: Karina Bañales, Deputy City Manager
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Resolution No. 2021-__ (page A-1)
B. Draft letter to District Attorney Gascón (page A-1)
BACKGROUND AND DISCUSSION:
Requests have been made by members of the City Council, Palos Verdes Peninsula
Mayors, and members of the public that a letter be sent to District Attorney Gascón
expressing concerns over the impact of his Special Directive policies on public safety.
The District Attorney (DA) is an elected county official responsible for prosecuting
criminal violations of state law and county ordinances occurring within the county.
George Gascón was elected as the DA for Los Angeles County in November 2020 and
was sworn into office on December 7, 2020. On December 8, 2020, he issued nine
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Special Directives outlining new policies and procedures for the Los Angeles County
District Attorney’s Office. The following three Special Directives have been identified as
having a potential detrimental impact on public safety:
• Special Directive 20-06 eliminates cash bail for any misdemeanor, non-serious
felony, or non-violent felony offense.
• Special Directive 20-07 declines or dismisses several misdemeanor charges,
including trespassing, disturbing the peace, criminal threats, drug, and
paraphernalia possession, under the influence of controlled substance, public
intoxication, and resisting arrest.
• Special Directive 20-08 eliminates several sentence enhancements, including the
Three Strikes Law, gang enhancements, and violations of bail.
The DA’s Office has a legal and ethical responsibility to execute laws enacted by voters
or the legislature intended to protect the public and uphold prosecutorial policies.
However, the Special Directives unilaterally issued by DA Gascón undermine the
legislative and ballot process and risk the safety of the general public.
While the cities would support reforms aimed at promoting public safety through mental
health and social services, these Directives undermine deterrence policies, threatening
residents, and businesses, and compromising the security of the City, and the
Peninsula. A major concern with the implementation of these policies is that criminals
believe they can commit certain crimes with impunity under the Special Directives.
Furthermore, it hinders public safety programs with local law enforcement.
Another concern of the Special Directives policies is that they neglect victim s’ rights in
favor of reducing criminal sentencing. As such, the City Council may consider adopting
a Victims’ Rights Resolution, affirming the City’s commitment to the protection of
victims’ rights (Attachment A).
The City of Rolling Hills approved sending a draft Peninsula letter on May 24. The City
of Palos Verdes Estates will be considering a Peninsula letter at their meeting on May
25; they will consider adopting a resolution of a vote of no confidence in DA Gascón.
Additional Information
As of March 20, 2021, fourteen cities in LA County have adopted resolutions of no
confidence, including Santa Clarita, Beverly Hills, Pico Rivera, Whittier, La Mirada,
Covina, Rosemead, Azusa, Santa Fe Springs, Diamond Bar, Redondo Beach, Arcadia,
Manhattan Beach, and Lancaster.
On February 8, 2021, LA Superior Court Judge Chalfant issued a ruling against certain
Special Directives, issuing an injunction against DA Gascón from requiring prosecutors
to ignore laws such as three-strike allegations and sentencing enhancements. DA
Gascón is preparing an appeal, but until the appeal is decided, he has adjusted the
policies to be consistent with the ruling.
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CONCLUSION
The draft letter is intended to provide constructive feedback for DA Gascón and express
the city’s and Peninsula cities’ concerns about the impact of the Special Directives on
public safety, particularly if the injunction is lifted. Furthermore, the letter demands that
the DA’s Office uphold the laws of the state and that no Special Directives be issued
which contradict these laws. The adoption of the attached resolution (Attachment A) will
affirm the City’s commitment to the protection of victim s’ rights.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council’s consideration:
1. Do not adopt the attached resolution and provide Staff with direction for
consideration at a future meeting.
2. Identify revised language to add to the letter.
3. Do not authorize the Mayor to sign the letter.
4. Take other action, as deemed appropriate.
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RESOLUTION NO. 2021-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES, CALIFORNIA, SUPPORTING
VICTIMS’ RIGHTS
WHEREAS, the City of Rancho Palos Verdes values and places the highest
priority on public safety and protecting this community; and,
WHEREAS, there were 380 crimes in the City of Rancho Palos Verdes between
January 1, 2020 and December 31, 2020; and,
WHEREAS, the victims of crime suffer financial, physical and emotional injuries
and hardships as a result of criminal violations; and,
WHEREAS, victims play an indispensable role in bringing offenders to justice
and thus preventing crimes; and,
WHEREAS, Los Angeles County District Attorney George Gascón has, since his
election, issued a series of “Special Directives” including elimination of cash bail,
dismissal of several misdemeanor charges, and elimination of several sentence
enhancements; and,
WHEREAS, such policies may undermine victims’ rights; and,
WHEREAS, crime victims and those who serve them deserve support in their
effort to secure victim justice; and,
WHEREAS, it is of the utmost importance for the City of Rancho Palos Verdes
that all residents, visitors, and business owners and operators feel safe .
NOW BE IT, THEREFORE, RESOLVED BY THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES:
Section 1: The City of Rancho Palos Verdes prioritizes the enhancement of
public safety and the protection of the general public and victims’ rights.
Section 2: The City Clerk shall certify to the passage of this resolution.
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PASSED, APPROVED AND ADOPTED THE 1ST DAY OF JUNE 2021.
___________________________
Eric Alegria, Mayor
ATTEST:
___________________________
Teresa Takaoka, City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 2021-__ was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on June 1, 2021.
________________________
Teresa Takaoka, City Clerk
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June 2, 2021 Via Email
The Honorable George Gascón
Los Angeles County District Attorney’s Office
211 West Temple Street, Suite 1200
Los Angeles, CA 90012
SUBJECT: Peninsula Cities Concerns Regarding Special Directive Policies
Impacting Public Safety
Dear District Attorney Gascón:
We, the four cities on the Palos Verdes Peninsula, firmly joined together by a common
cause, are writing to you today to express our concerns regarding your Special Directive
policies which are negatively impacting public safety. The District Attorney’s Office has
a legal and ethical responsibility to execute laws enacted by voters and the Legislature,
to prevent and prosecute crime, and protect the general public. Your unilaterally-issued
Special Directives undermine the legislative and ballot process and risk the safety of the
general public.
One of the major concerns of our communities is that criminals believe they can commit
certain crimes with impunity under your Special Directives. When deterrence is
undermined, people and businesses are threatened, and their ability to operate and live
within a secure environment is compromised. Moreover, it hinders our public safety
programs with local law enforcement. We ask that you consider the impact of your
policies on the fate of residents, workers, and businesses.
The cities of Rancho Palos Verdes, Palos Verdes Estates, Rolling Hills, and Rolling Hills
Estates value and place the highest priority on public safety, with an emphasis on
deterring crime and crime prevention. The issuance of numerous Special Directives and
two subsequent amendments raised a red flag as these directives pose a serious threat
to the well-being and safety of the residents of Los Angeles County and the residents of
the Palos Verdes Peninsula. These directives included the following:
• Special Directive 20-06 eliminates cash bail for any misdemeanor, non-serious
felony, or non-violent felony offense.
• Special Directive 20-07 declines or dismisses several misdemeanor charges,
including trespassing, disturbing the peace, criminal threats, drug and
paraphernalia possession, under the influence of controlled substance, public
intoxication, and resisting arrest.
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• Special Directive 20-08 eliminates several sentence enhancements, including the
Three Strikes Law, gang enhancements, and violations of bail.
The Special Directives listed undermine the legislative and ballot initiative process and
risk the safety of the general public. It is of the utmost importance for the cities on the
Palos Verdes Peninsula that policies which aim to restructure or amend prosecutorial
directives are consistent with state law and issued with reasonable intent and priority to
enhance public safety to protect the general public and victims’ rights. It is imperative
the District Attorney’s Office uphold its duties and responsibilities to appropriately
prosecute criminals, based on the evidence presented and consistent with state law.
We are supportive of policies that protect public safety through mental health and social
services, but these Special Directives instead undermine the ability for crime deterrence
and prevention.
The cities of Rancho Palos Verdes, Palos Verdes Estates, Rolling Hills, and Roll ing Hills
Estates demand that the Los Angeles County District Attorney’s Office uphold the laws
of the state, whether they were established by the state Legislature or the voters, and
demand no Special Directives be issued which contradict these laws.
Sincerely,
Eric Alegria Michael Kemps
Mayor, City of Rancho Palos Verdes Mayor, City of Palos Verdes Estates
Bea Dieringer Steven Zuckerman
Mayor, City of Rolling Hills Mayor, City of Rolling Hills Estates
cc: L.A. County Board of Supervisors
Jeff Kiernan, League of California Cities
Marcel Rodarte, California Contract Cities Association
Jacki Bacharach, South Bay Cities Council of Governments
Rancho Palos Verdes City Council and City Manager
Palos Verdes Estates City Council and City Manager
Rolling Hills City Council and City Manager
Rolling Hills Estates City Council and City Manager
Captain James Powers, Lomita Station, L.A. County Sheriff’s Department
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Chief Tony Best, Palos Verdes Estates Police Department
Association of Deputy District Attorneys
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