Title
Adoption of Resolution Supporting Proposition 36 on the November 5, 2024 Ballot, Allows Felony Charges and Increases Sentences for Certain Drug and Theft Crimes, (City Manager).
Body
To: Honorable Mayor and Members of the City Council
From: Jennifer Ott, City Manager
EXECUTIVE SUMMARY
Proposition 36 is on the November 5 Ballot for voters across the state to consider. The City of Alameda’s (City) adopted 2023-2024 Legislative Agenda includes supporting the League of California Cities’ strategic advocacy priority to improve public safety in California communities. The League of California Cities supports Proposition 36.
Staff is asking City Council for direction on whether to adopt a resolution of support for Proposition 36 on behalf of the City. City Council members can also support or oppose the measure individually in their role as an elected official.
BACKGROUND
The City adopts a two-year Legislative Agenda that serves as a guide for the City's legislative advocacy efforts. By adopting a Legislative Agenda, City staff and the Mayor and City Council can react quickly to most legislative issues as they arise. On May 2, 2023, the City Council approved the 2023-2024 Legislative Agenda (Exhibit 1).
The City of Alameda’s adopted 2023-2024 Legislative Agenda includes support for the following areas:
• Reduce crime and increase the public safety of Alameda residents, businesses, and visitors.
• Support the League of California Cities’ strategic advocacy priority to improve public safety in California communities.
• Support the policing and racial equity outcomes consistent with adopted City Council directions and the Police Reform and Racial Equity Committee recommendations, including shifting responsibility for responding to mental health crises from the Police Department to other non-police agencies.
DISCUSSION
A detailed description of Proposition 36 is included as Exhibit 2 with the Legislative Analyst’s Office analysis included as Exhibit 3. Proposition 36 amends Proposition 47 related to punishments for theft and drug crimes. In 2014, Proposition 47 was supported by 73.87% of City voters.
In July, the League of California Cities (Cal Cities) Board of Directors voted to support three ballot measures, including Proposition 36. Additional support is shared on the campaign’s website at www.voteyesprop36.com <http://www.voteyesprop36.com>. Governor Newsom opposes the measure and instead endorses a package of bills designed to combat property theft and other crimes.
Throughout the year, City staff review legislative proposals and lend the City’s support to bills that are consistent with the Legislative Agenda. A complete bill status update on the current bills the City has taken a position on is at www.alamedaca.gov/legislativeaffairs <http://www.alamedaca.gov/legislativeaffairs>. In 2024, the City supported the following crime reduction bills:
AB 2943 (Zbur) <https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB2943> makes several changes to retail theft, organized retail theft, and shoplifting statutes.
AB 1802 (Jones-Sawyer) <https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB1802> removes the sunset date on the provision of law that criminalizes organized retail theft, thereby making the operation of the law permanent, and extends the operation of the CHP Property Crimes Task Force indefinitely.
AB 1779 (Irwin) <https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB1779> permits the consolidation of specified theft charges, as well as all associated offenses, occurring in different counties into a single trial if the district attorneys in all involved jurisdictions agree.
SB 1144 (Skinner) <https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB1144> will require online marketplaces to collect certain information from high-volume third-party sellers, and permits a district attorney, city attorney, or county counsel to enforce the requirements.
ALTERNATIVES
• Adopt a Resolution Supporting Proposition 36.
• Do not take a position on Proportion 36 on behalf of the City of Alameda, but consider joining other elected officials in lending individual support.
FINANCIAL IMPACT
There is no financial impact to the City that would result from the adoption of this resolution.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action is consistent with the Alameda Municipal Code.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” as defined in California Environmental Quality Act (CEQA) Guidelines Section 15378 and therefore no further CEQA analysis is required.
CLIMATE IMPACT
There are no identifiable climate impacts or climate action opportunities associated with the subject of this report.
RECOMMENDATION
Adopt a resolution supporting Proposition 36 on the November 5, 2024 ballot, allows felony charges and increases sentences for certain drug and theft crimes.
Respectfully submitted,
Sarah Henry, Communications and Legislative Affairs Director
Financial Impact section reviewed,
Margaret O’Brien, Finance Director
Exhibits:
1. 2023-2024 Alameda Legislative Agenda
2. Proposition 36 Official Title and Summary Prepared by the Attorney General
3. Legislative Analyst’s Office Analysis of Proposition 36