REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Eric G. Parra, Interim City Manager
VIA: Travis K. Hopkins, Assistant City Manager
PREPARED BY: Shannon Levin, Council Policy Analyst
Subject:
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Consider positions on legislation pending before the State Legislature and a statewide ballot proposition, as recommended by the Intergovernmental Relations Committee (IRC)
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Statement of Issue:
On July 17, 2024, the Intergovernmental Relations Committee (IRC), comprised of Mayor Gracey Van Der Mark, Mayor Pro Tem Burns, and Council Member Strickland (absent), discussed legislative items with relevance to Huntington Beach. Following discussion, the IRC chose to take positions on State legislation and a statewide ballot proposition, which are presented to the City Council for consideration.
Financial Impact:
Not applicable.
Recommended Action:
recommendation
A) Support Senate Concurrent Resolution 165 (Nguyen) to Designate Portion of 405 Freeway as Surf City Highway.
B) Adopt Resolution No. 2024-43, “A Resolution of the City of Huntington Beach in Support of Proposition 36, The Homelessness, Drug Addiction and Theft Reduction Act”, which will set aside Resolution No. 4344 and Resolution No. 2024-23 for this action.
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Alternative Action(s):
Do not approve recommended action(s), and direct staff accordingly.
Analysis:
A) Senate Concurrent Resolution 165 - Relative to the Surf City Highway (Nguyen)
In 1991 the City of Huntington Beach adopted the nickname “Surf City USA” to recognize the City’s surf and beach culture. The City of Huntington Beach is home to over 100 years of surfing history and 10 miles of uninterrupted coastline including popular surfing spots such as the Huntington Beach Pier, Huntington Beach Cliffs, Bolsa Chica State Beach, and Huntington Beach State Beach. Surfing is a major part of the Huntington Beach culture, history, and economy.
SCR 165 would designate the northbound and southbound section of the 405 Freeway between Bolsa Avenue and Warner Avenue as “Surf City Highway”.
IRC Recommended legislative position:
Support Senate Concurrent Resolution 165 - Relative to Surf City Highway and direct staff to send a letter of support.
B) Proposition 36 - The Homelessness, Drug Addiction, and Theft Reduction Act
This ballot measure would revise the 2014 Proposition 47 initiative and amend state law, as follows:
1. Creates New Court Process for Certain Drug Possession Crimes - Under current law, the possession for personal use of illegal drugs is generally a misdemeanor. This measure classifies possession of illegal drugs in certain cases as “treatment-mandated felonies” with specific requirements on how these cases are handled in the criminal justice system. Specifically, people with two or more prior convictions for various drug crimes (such as drug possession or distribution) who are found to be in possession of certain drugs (such as fentanyl, heroin, cocaine, or methamphetamine) could be charged with a treatment-mandated felony, rather than a misdemeanor. After agreeing not to contest the charges against them, such people would generally be referred to treatment based on an evaluation of their substance use and mental health treatment needs. Those who successfully complete treatment would have their charges dismissed. Those who are not successful in treatment could ultimately be required to serve up to three years in state prison.
2. Increases Penalties for Certain Drug Crimes - The measure increases penalties for certain drug crimes by increasing sentence lengths and/or shifting the sentence from the county level to state prison. Additionally, the measure adds fentanyl to the set of drugs eligible for enhanced sentencing, such as cocaine, heroin, and methamphetamine.
3. Increases Penalties for Certain Theft Crimes - The measure increases penalties for certain theft crimes primarily by allowing misdemeanor theft crimes to be charged as felonies in certain cases and creating enhancements for various felony theft crimes. For example, the measure changes state law to make theft of money or property worth $950 or less punishable as a felony for people who have two or more prior convictions for certain theft-related crimes (such as shoplifting, burglary, or carjacking). Under the measure, such people could receive sentences of up to three years in jail or prison depending on their criminal history rather than up to six months in jail as is generally the case under current law. In addition, the measure creates sentence enhancements for people convicted of felonies in which the amount of property that was stolen or damaged is over $50,000, with longer enhancement terms as the dollar amounts increase. For example, if the affected property is worth more than $50,000 but not more than $200,000, a year would be added to the person’s sentence. If the property is worth more than $200,000 but not more than $1,000,000, then two years would be added.
The adoption of Resolution No. 2024-43 would require the City Council set aside City Council Resolution No. 4344 and City Council Resolution No. 2024-23. Resolution No. 4344 amended the Council Manual to provide that the City Council shall take no stand, neither pro nor con, with respect to any statewide ballot proposition. Resolution No. 2024-23 approved and adopted the Revised City Council Manual to provide that the City Council shall not take a position with respect to any statewide ballot propositions (Section Article IX, Section G).
IRC Recommended legislative position:
Adopt Resolution No. 2024-43 to set aside Resolution No. 4344 and Resolution No. 2024-23 and support Proposition 36, The Homelessness, Drug Addiction, and Theft Reduction Act.
Environmental Status:
This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. SCR 165 - Letter of Support
2. Resolution No. 2024-43 A Resolution of the City of Huntington Beach in Support of Proposition 36, the Homelessness, Drug Addiction and Theft Reduction Act
3. Resolution No. 4344 - A Resolution of the City of Huntington Beach Amending the Council Manual by Adding Thereto Section 1.01.08, Statewide Ballot Propositions, and Section 1.301.09, Appeals and Challenges Taken by the City Council
4. Resolution No. 2024-23 - A Resolution of the City of Huntington Beach Adopting a Revised City Council Manual