Westminster City Council
SUBJECT
Title
Consideration of Proposed Resolution in Support of California Proposition 36, the “Homelessness, Drug Addiction, and Theft Recovery Act.”
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From: Christine Cordon, City Manager
Requested by: Administration
Prepared by: Christine Cordon, City Manager; Darin Lenyi, Chief of Police
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RECOMMENDED ACTION
Recommendation
Consider the request to support Proposition 36 and provide direction to adopt a Resolution entitled, “A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, IN SUPPORT OF PROPOSITION 36, THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT.”
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BACKGROUND
The Homelessness, Drug Addiction, and Theft Reduction Act (Attachment 1) qualified this summer for the November ballot and proposes comprehensive reforms to address the intertwined issues of homelessness, drug addiction, and theft in California. The Retail Theft Package, signed by Governor Newsom provides an alternative to Proposition 36. For reference, Cal Cities has provided a side-by-side comparison of Proposition 36 to the retail theft package (Attachment 2).
This summer, the Cal Cities Board voted to support Proposition 36 (Attachment 3), the “Homelessness, Drug Addiction, and Theft Recovery Act.” If passed by the voters in November, Proposition 36 would create a deterrent for repeat retail theft offenders, institute greater penalties for fentanyl trafficking. The proposition also introduces a new class of crime termed "treatment-mandated felony," and offers individuals addicted to hard drugs, such as fentanyl, the option of participating in drug and mental health treatment to avoid incarceration.
Crime in the City of Westminster along with the rest of the county has increased particularly related to retail theft and drug use, since passing of AB109; and Propositions 47 and 57 in the past decade. These Propositions reduced legal consequences for drug possession and theft; the Homelessness, Drug Addiction, and Theft Recovery Act aims to reverse the resulting surge in addiction, mental illness, and property crimes experienced by our community.
The Act seeks to crack down on drug dealers by imposing harsher penalties, particularly for those dealing in fentanyl, Additionally, the Proposition reinstates felony charges for repeat theft offenders and introduces measures to address organized thefts like "smash-and-grabs," providing enhanced penalties for thefts committed by multiple offenders or resulting in significant losses.
Further, judges are provided the latitude to exercise discretion in sentencing through the provisions of the Proposition to tailor punishments to fit the severity of the crime while offering diversion programs for nonviolent offenders.
Cal Cities is requesting members to adopt a resolution (Attachment 4) in support of Proposition 36. The Proposition strives to break the cycle of addiction and homelessness by providing access to treatment and support services while holding individuals accountable for their actions. It represents a concerted effort to address the root causes of these issues and create safer, more resilient communities across the state.
The following cities in Orange County along with Cal Cities Orange County board have adopted support resolutions for Proposition 36:
• Newport Beach
• Huntington Beach
• Laguna Niguel
• La Habra
The following cities are considering a resolution at their next council meeting:
• Brea
• Santa Ana
• Stanton
• Yorba Linda
FISCAL IMPACT
None.
LEGAL REVIEW
The City Attorney’s Office has reviewed as to form.
CONCLUSION
As a member city of Cal Cities, Westminster would join other Orange County cities and law enforcement agencies statewide in support of Proposition 36.
ATTACHMENTS
1. Proposition 36 Guide, Secretary of State
2. Proposition 36 Comparison Table, Cal Cities
3. Proposition 36 General Fact Sheet, Cal Cities
4. Proposed Resolution in support of Proposition 36
REVIEWED BY
Erin Backs, Finance Director
Christian Bettenhausen, City Attorney
Christine Cordon, City Manager