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CC 2017-08-22_09c LOCC Voting Delegate 2017 MEMORANDUM TO: CITY COUNCIL FROM: JAMES A. BERGMAN, CITY MANAGER SUBJECT: CONSIDERATION OF APPOINTMENT OF VOTING DELEGATES FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE AND DIRECTION REGARDING THE ANNUAL CONFERENCE RESOLUTIONS DATE: AUGUST 22, 2017 RECOMMENDATION: It is recommended the City Council appoint Mayor Jim Hill as the voting delegate for the League of California Cities Annual Conference and City Manager James Bergman as the alternate, and provide direction to the voting delegates to support two League of California Cities Resolutions. SUMMARY OF ACTION: Appointment of voting delegates to support two (2) Resolutions at the League of California Cities Annual Conference relating to public safety issues. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: The only costs associated with this action are costs for attendance at the Annual Conference, which are included in the FY 2017-18 Budget. BACKGROUND: This year's League of California Cities Annual Conference is scheduled to take place September 13 - 15, 2017 in Sacramento. One important activity of the Conference is the annual business meeting, to be held on Friday, September 15, when the membership takes action on Conference resolutions. Annual Conference resolutions guide the League and its members in their efforts to improve the quality, responsiveness and vitality of local government in California. League bylaws state that “any official of a Member City may, with the approval of the City Council, be designated the City’s voting delegate or alternate delegate to any League meeting”. ANALYIS OF ISSUES: Designated voting delegates (or their alternates) registered to attend the Annual Conference constitute the League's General Assembly. Mayor Jim Hill and the City Item 9.c. - Page 1 CITY COUNCIL CONSIDERATION OF APPOINTMENT OF VOTING DELEGATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE AUGUST 22, 2017 PAGE 2 Manager are the only City of Arroyo Grande representatives registered to attend the Conference. This year, the following resolutions will be considered by the League of California Cities Annual Conference General Assembly: 1. Resolution 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; and 2. Resolution 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 The Resolutions, including background information and League staff analysis, are attached for the Council’s consideration. These Resolutions represent significant public safety policy challenges related to local government control. California Voters passed Proposition 47 (The Safe Neighborhoods and Schools Act) in November 2014 to address the need to provide drug-addicted persons with opportunities to receive treatment rather than incarceration. Proposition 47 reduces the need for incarceration in State prisons by lowering the penalties associated with particular crimes. This change in criminal justice policy came after the legislature passed the California Public Safety Realignment Law (Assembly Bill AB 109) in April 2011. The bill transferred prisoners convicted of certain lower-level felony crimes (non- violent, non-sex-related, or non-serious) from State prisons to County jails and to probation. AB109 successfully reduced State prison populations; however, this action increased overcrowding in the County jail facilities and the population on probation. The attached statistical data shows crime changes for the City of Arroyo Grande, as it may relate to Proposition 47 and AB109. The statistical data does not allow staff to rule out other, unmeasured factors that might also be contributing to crime changes. Consequently, staff cannot say the implementation of legislative policy caused the changes in crime and arrests, only that there is a correlation. The Arroyo Grande Police Department Chief of Police and the California Police Chiefs Association support this resolution. Prior to the State Legislature’s 1980 adoption of the Emergency Medical Services (EMS) Act, the League of California Cities became concerned over a potential loss of local control, and influenced the addition of “Section 201” (1797.201) of the EMS Act. The language in this section remains susceptible to differing legal interpretations and Item 9.c. - Page 2 CITY COUNCIL CONSIDERATION OF APPOINTMENT OF VOTING DELEGATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE AUGUST 22, 2017 PAGE 3 has led to several lawsuits between cities/special districts and local EMS Agencies (created through the adoption of the EMS Act). The local taxpayer is ultimately responsible for the financing of EMS services, and local government is tasked with providing those services (while remaining compliant with treatment protocols and regulations); not the State EMS Authority or Local EMS Agency. An amendment of Government Code Section 38611 (last amended in 1957), would clarify the definition of local control as it pertains to Emergency Medical Services. For this reason, the California Fire Chiefs Association, and the Fire Chiefs section of the League of California Cities strongly support this resolution. ALTERNATIVES: The following alternatives are provided for the Council's consideration: 1) Appoint Mayor Jim Hill as the voting delegate for the League of California Cities Annual Conference and the City Manager as the alternate, and provide direction to the voting delegates to support two League of California Cities resolutions; or 2) Appoint Mayor Jim Hill as the voting delegate for the League of California Cities Annual Conference and the City Manager as the alternate, and provide other direction regarding the resolutions. ADVANTAGES: Participation in the General Assembly enables the City to impact issues that are important to City government and guide the League of California Cities’ activities, and assists the League of California Cities in its efforts by ensuring its direction is representative of all member cities. Discussion of the resolutions will provide for better understanding of the potential impact of the resolutions and provide all Council Members an opportunity for input so the voting delegate may best represent an official position of the City. DISADVANTAGES: No disadvantages have been identified. ENVIRONMENTAL REVIEW: No environmental review is required for this item. PUBLIC INFORMATION AND COMMENTS: The Agenda was posted in accordance with Government Code Section 54954.2. Attachments: 1. League of California Cities Memorandum Regarding Voting Delegates and Alternates 2. League of California Cities Resolution Packet 3. Statistical data for Arroyo Grande related to Proposition 47 and AB109 Item 9.c. - Page 3 ATTACHMENT 1 Item 9.c. - Page 4 Item 9.c. - Page 5 Item 9.c. - Page 6 Item 9.c. - Page 7 ATTACHMENT 2 Item 9.c. - Page 8 Item 9.c. - Page 9 Item 9.c. - Page 10 Item 9.c. - Page 11 Item 9.c. - Page 12 Item 9.c. - Page 13 Item 9.c. - Page 14 Item 9.c. - Page 15 Item 9.c. - Page 16 Item 9.c. - Page 17 Item 9.c. - Page 18 Item 9.c. - Page 19 Item 9.c. - Page 20 Item 9.c. - Page 21 Item 9.c. - Page 22 Item 9.c. - Page 23 Item 9.c. - Page 24 Item 9.c. - Page 25 Item 9.c. - Page 26 Item 9.c. - Page 27 Item 9.c. - Page 28 Item 9.c. - Page 29 Item 9.c. - Page 30 Item 9.c. - Page 31 Item 9.c. - Page 32 Item 9.c. - Page 33 Item 9.c. - Page 34 Item 9.c. - Page 35 Item 9.c. - Page 36 Item 9.c. - Page 37 Item 9.c. - Page 38 Item 9.c. - Page 39 Item 9.c. - Page 40 Item 9.c. - Page 41 Item 9.c. - Page 42 Item 9.c. - Page 43 Item 9.c. - Page 44 Calendar Year 2012 2013 2014 2015 2016 2017 Average Aggravated Assault 18 11 21 13 19 10 15 Forgery 8 22 19 19 20 23 19 Homicide 0 0 0 0 0 0 0 Larceny 194 294 239 307 270 141 241 Motor Vehicle Theft 26 31 35 45 34 33 34 Possess Controlled Substance 43 53 57 92 104 73 70 Possess MJ/Hash 19 20 10 9 11 2 12 Possess Stolen Property 13 23 30 27 19 22 22 Rape 5 6 2 6 9 8 6 Robbery 1 5 6 5 7 3 5 Total 327 465 419 523 493 315 424 The table above reflects totals for the calendar years 2012 through 2016 and totals to date for 2017. The overall totals for the two years following the passing of Proposition 47 indicate a 25% and 18% increase overal. Overall 2014 2015 Variant Increase Decrease 419 523 104 25% 2016 Variant Incerease Decrease 493 74 18% The activity specified below showed significant increases since the passing of Proposition 47. Larceny 2014 2015 Variant Increase Decrease 239 307 68 28% 2016 Variant Increase Decrease 270 31 13% Possess of Controlled Substance 2014 2015 Variant Increase Decrease 57 92 35 61% 2016 Variant Increase Decrease 104 47 82% Motor Vehicle Theft 2014 2015 Variant Increase Decrease 35 45 10 29% 2016 Variant Increase Decrease 34 -1 -3% Prop 47/AB109 * Numbers in red indicate above average activity. Arroyo Grande Police Department ATTACHMENT 3 Item 9.c. - Page 45 Larceny Larceny Larceny Larceny Larceny Larceny Larceny Possess Controlled Substance Possess Controlled Substance Possess Controlled Substance Possess Controlled Substance Possess Controlled Substance Possess Controlled Substance Possess Controlled Substance 0 50 100 150 200 250 300 350 2012 2013 2014 2015 2016 2017 Average 2012 2013 2014 2015 2016 2017 Average Robbery 1 5 6 5 7 3 5 Rape 5 6 2 6 9 8 6 Possess Stolen Property 13 23 30 27 19 22 22 Possess MJ/Hash 19 20 10 9 11 2 12 Possess Controlled Substance 43 53 57 92 104 73 70 Motor Vehicle Theft 26 31 35 45 34 33 34 Larceny 194 294 239 307 270 141 241 Homicide 0 0 0 0 0 0 0 Forgery 8 22 19 19 20 23 19 Aggravated Assault 18 11 21 13 19 10 15 Arroyo Grande Police Department Prop 47/AB109 Item 9.c. - Page 46