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CC - (1) Designation of the City’s Voting Delegate and up to Two Alternate-Delegates for the 2017 League of California Cities Annual Conference; (2) Consideration of a Position on the League of California Cities’ Resolution Pertaining to Strategies to Reduce Negative Impacts of Recent Changes to Criminal Laws; and (3) Consideration of a Position on the League of California Cities’ Resolution Pertaining to Local Control for Emergency Medical Response to be Considered by the General Assembly at the Annual Conference.
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Meeting Date: August 28, 2017
Contact Person/Dept: Shelly Wolfberg, City Manager’s Office
Phone Number: (310) 253-6000
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [] Attachments: [X]
Commission Action Required: Yes [] No [X] Date:
Public Notification: (E-Mail) Meetings and Agendas - City Council (08/23/17);
Department Approval: John M. Nachbar (08/22/17)
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RECOMMENDATION
Staff recommends the City Council (1) designate a Council Member as the City’s Voting Delegate and up two other Council Members as the City’s Alternate Voting Delegate(s) for the 2017 League of California Cities Annual Conference to be held in Sacramento from September 13-15, 2017 (Annual Conference); (2) consider a position on the League of California Cities’ Resolution pertaining to strategies to reduce negative impacts of recent changes to criminal laws; and (3) consider a position on the League of California Cities’ Resolution pertaining to Local Control for Emergency Medical Response to be considered by the General Assembly at the Annual Conference.
BACKGROUND
The City of Culver City is a member of the League of California Cities (League). Each year, the League holds an Annual Conference during which time the General Assembly votes on various matters of policy, including any resolutions presented to the General Assembly in accordance with the League’s by-laws. To allow Culver City the ability to vote on those policy matters, the League’s by-laws require the City Council to designate the Voting Delegate (and, if desired, up to two Alternate Voting Delegates) to represent the City’s interests during the General Assembly. (Attachment 1)
In the past, a Resolution presented before the General Assembly was expected to be passed without much or any opposition (and the City Council had adopted a support position). However, based upon discussion at the General Assembly, the motion became the subject of significant conversation and debate amongst the delegates. As a result of this past situation, the City Council changed its practice to allow the Voting Delegate and Alternate Voting Delegate(s) sufficient discretion to react to a similar situation(s) should it arise at future conferences (and vote in a fully informed manner consistent with the general direction of the City Council). Accordingly, the City Council is requested to allow for some leeway for the Council Member voting at the General Assembly at the 2017 Annual Conference.
DISCUSSION
This year, Vice Mayor Small, Council Member Clarke, and Council Member Sahli-Wells will be attending the 2017 Annual Conference. This year, the General Assembly will consider the following resolutions (Attachment 2):
Resolution No. 1: “A Resolution of the League of California Cities calling for 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.”
This Resolution seeks to address increases in crime, the reclassification of several felony offenses as misdemeanors and the revision of parole rules for “non-violent” criminal acts that are in fact of a violent nature, which are all consequences of recent legislation including AB 109 (2011), Proposition 47 (2014) and Proposition 57 (2016).
AB 109 shifted nearly 45,000 felons from the state prison system to local county jails, which led to lower level petty criminals often being released and serving less or no jail time to accommodate the influx of prisoners. Proposition 47 reclassified a host of felony offenses as misdemeanors, which has stimulated the volume of petty theft, shoplifting, auto theft and organized retail theft. Proposition 57 has facilitated the potential early release of “non-violent” offenders, a classification which currently includes individuals who have committed the following offenses: rape by intoxication, attempted drive-by shooting, assault with a deadly weapon, and throwing acid with an intent to disfigure among other crimes that are, indeed, violent.
Resolution 1 would direct League of California Cities staff to seek legislation expanding the term “violent felony;” 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 an individual parole, and to consider creation of a task force that would be charged with issuing a report recommending further changes in law.
Culver City’s Legislative and Policy Platform (Platform) regarding community safety states that the City will support efforts that “advance the Police Department’s goals to enhance community safety through the deterrence/prevention of crime, the apprehension of offenders, and the education of the public in self-protective measures to minimize victimization.” This statement informs a support position on Resolution No. 1.
Resolution No. 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 with their jurisdictions.”
The Emergency Medical Response Act of 1980 created a two-tiered system for oversight and coordination of emergency medical services, with a State EMS Agency and a Local EMS Agency. Working against the concept of local control and the benefits it brings, this statute also 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, not local government officials.
Resolution 2 would give more authority to local officials to determine which resources will respond to medical emergencies, which will result in fewer poor patient outcomes that have been caused by policies that restrict local fire departments from responding to “low-level” emergencies. Residents and local officials can have confidence that their emergency medical service capabilities can be deployed as intended and as needed in an efficient, locally-controlled manner.
Culver City’s Platform stance regarding community safety states that the City will support efforts that “increase the Fire Department’s ability to provide Emergency Medical Services; fire suppression and rescue services; hazardous material spill mitigation; fire prevention; arson investigation; and public education.” City Staff are also obligated to take positions on “issues that clearly impact our City or are a threat to local control.”
FISCAL ANALYSIS
Neither designation of the Voting Delegate/Alternate Voting Delegate(s) nor taking a position on the resolutions create a fiscal impact on the City. However, should state or federal legislation change in accordance with the intent of the resolution, the City may experience a fiscal impact, the degree of which is difficult to estimate at this time. Additionally, if the City implements any additional programs or projects related to the Resolutions, there could be potential fiscal impacts. Staff would bring any future items related to this effort to the City Council for separate consideration.
ATTACHMENTS
1. 2017-08-28 - ATT League of California Cities Annual Conference Voting Delegate Form
2. 2017-08-28 - ATT Annual Conference Resolution Packet
MOTION
That the City Council:
1. Designate Vice Mayor/Council Member _______________ as the Voting Delegate and Vice Mayor/Council Member(s) ______________ __________ as Alternate Voting Delegate(s); and,
2. Take a position in support of Resolution Number 1, presented to the League of California Cities General Assembly for consideration as outlined in the staff report; and,
3. Take a position in support of Resolution Number 2, presented to the League of California Cities General Assembly for consideration as outlined in the staff report; and,
4. Authorize the Voting Delegate and Alternate Voting Delegate(s) to cast votes exercising reasonable discretion in the case circumstances at the General Assembly warrant a change in vote; or
5. Provide alternate direction as deemed appropriate.