HomeMy WebLinkAbout9/2/2015 - STAFF REPORTS - 2.X. V.ALMS.,
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c'`'f°"`'�P CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 2, 2015 CONSENT CALENDAR
SUBJECT: PROPOSED RESOLUTION IN SUPPORT OF ASSEMBLY BILL 150
THAT MAKES BUYING OR RECEIVING A STOLEN FIREARM OF $950
OR LESS A FELONY
FROM: David H. Ready, City Manager
INITIATED: CVAG Public Safety Committee
SUMMARY
The City Council will consider a resolution in support of AB150 (Melendez and Gray)
that would make buying or receiving a firearm valued at $950 or less a felony.
RECOMMENDATION:
Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, IN SUPPORT OF AB150 (MELENDEZ AND
GRAY) THAT WOULD MAKE BUYING OR RECEIVING A STOLEN FIREARM
VALUED AT $950 OR LESS A FELONY."
STAFF ANALYSIS:
The CVAG Public Safety Committee is requesting member cities and jurisdictions adopt
a resolution in support of AB150 (Melendez and Gray) that would make buying or
receiving a stolen firearm valued at $950 or less a felony.
California Proposition 47 (adopted 2014) reduced the classification of most "non-serious
and nonviolent property and drug crimes" from a felony to a misdemeanor. AB150
(Melendez and Gray) seeks changes to the current law, that specifies that the theft of a
firearm valued at $950 or less is a felony offense.
Attached is the discussion and analysis of the CVAG Executive Committee and the
Public Safety Committee.
Mayor Pro Tern Lewin is the City's CVAG Public Safety Committee representative.
ITEM NO.- ��
City Council Staff Report
September 2, 2015-- Page 2
Assembly Bill 150
FISCAL IMPACT:
None.
JAMES THOMPSON DAVID H. READ
Chief of Staff/City Clerk City Manager
Attachments:
CVAG Report
Proposed Resolution
02
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July 2, 2015 ����
Mr. David Ready, City Manager G MANAGER
City of Palm Springs �it { �
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262 /
Dear Mr. Ready: ✓7 OF PALM
On June 29, 2015, the CVAG Executive Committee approved a draft model ordinance to support AB 150
(Melendez and Gray) that would make buying or receiving a stolen firearm valued at$950 or less a felony
for consideration and potential adoption by CVAG member jurisdictions.
Attached are the following documents:
• CVAG's Executive Committee Staff Report (Approved 6129115)
• CVAG Draft Model Ordinance Relating to AB 150 (Melendez and Gray)
California Proposition 47 reduces the classification of most"nonserious and nonviolent property and drug
crimes"from a felony to a misdemeanor. The measure was approved and took effect immediately upon
its passage on November 4, 2014.
The CVAG Public Safety Committee discussed the portion of Proposition 47 that would make the theft of
a gun a misdemeanor, instead of a felony. CVAG staff researched current state legislation and found that
AB 150 (Melendez and Gray) is seeking changes to Proposition 47 in regards to theft of a gun valued at
$950 or less. AB 150 provides an important clarification of the law on this point, and in doing so enhances
public safety. This measure specifies that the theft of a firearm valued at$950 or less is a felony offense.
The bill is supported by the League of California Cities and the California Police Chiefs Association. AB
150 is currently waiting a hearing date for the Assembly Appropriations committee.
In follow up to the CVAG action on June 291h, we request that the City of Palm Springs present this model
ordinance to your City Council for consideration and action. As this is a model ordinance, we would expect
minor modifications be done to fit the needs of your city. CVAG staff will make ourselves available to attend
your City Council meetings.
Please contact Cheryll Dahlin with the date and time this item will be agendized for your City Council
meeting, or if you have any questions or concerns please contact Cheryll at 760-346-1127.
Sincerely,
Allyn Waggle i
Deputy Executive Director
CVAG
:attachments
CITY OF BLYTHE-CITY OF CATHEDRAL CITY-CITY OF COACHELLA-CITY OF DESERT HOT SPRINGS-CITY OF INDIAN WELLS CITY OF INDIO-CITY OF LA QUINTA-CITY OF PALM DESERT CITY OF PALM SPRINGS-CITY OF RANCHO MIRAGE COUNTY OF RIVEPSIDF 0 3
AGUA CALIENTE BAND OF CAHUILLA iNDIANS-CABAZON BAND OF MISSION INDIANS
ITEM 6F
Coachella Valley Association of Governments r
Executive Committee
.tune 29,2015 V
Staff Report
Subject: Consider Gun Theft Resolution in Regards to Proposition 47
Contact: Cheryll Dahlin, Management Analyst (cdahlin(dcvaq.orq)
Recommendation: Adopt Resolution No. 15-003 and Recommend that CVAG member
jurisdictions consider adoption of the attached model resolution.
Technical Advisory Committee: CONCURS (Meeting of June 8'h)
Public Safety Committee: CONCURS (Meeting of May 111)
Background: At the January 9, 2015 CVAG Public Safety Committee, Riverside County District
Attorney Michael Hestrin discussed Proposition 47. California Proposition 47 reduces the
classification of most "nonserious and nonviolent property and drug crimes" from a felony to a
misdemeanor. The measure was approved and took effect immediately upon its passage on
November 4, 2014.
The CVAG Public Safety Committee discussed the portion of Proposition 47 that would make the
theft of a gun a misdemeanor, instead of a felony. CVAG staff researched current state legislation
and found that AB 150 (Melendez and Gray) is seeking changes to Proposition 47 in regards to
theft of a gun $950 or less. AB 150 provides an important clarification of the law on this point, and
in doing so enhances public safety. This measure specifies that the theft of a firearm valued at
$950 or less is a felony offense. The bill is supported by the League of California Cities and the
California Police Chiefs Association. AB 150 is currently waiting a hearing date for the Assembly
Appropriations committee.
CVAG staff has prepared Resolution No. 15-003, to support AB 150 (Melendez, Gray)that would
make buying or receiving a stolen firearm $950 or less a felony. Additionally, staff has prepared
a model resolution for CVAG member jurisdictions consider for adoption.
Fiscal Analysis: Proposition 47 is one of the Goals of the Public Safety Committee. There is no
fiscal impact
Attachments:
- Resolution No. 15-003
- Draft Model Resolution for Member Jurisdictions
1 04
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL FOR THE CITY
OF PALM SPRINGS, CALIFORNIA, IN SUPPORT OF
ASSEMBLY BILL 150 (MELENDEZ AND GRAY) THAT
WOULD MAKE BUYING OR RECEIVING A STOLEN
FIREARM VALUED AT $950 OR LESS A FELONY.
WHEREAS, existing law states that the theft of a firearm is grand theft,
punishable as a felony by imprisonment in the state prison for 16 months, or 2 or 3
years; and
WHEREAS, the Safe Neighborhoods and Schools Act, enacted by
Proposition 47, as approved by voters at the November 4, 2014, statewide general
election, notwithstanding these provisions, instead requires theft of a property that does
not exceed $950 to be considered petty theft; and
WHEREAS, makes the crime punishable as a misdemeanor, except in cases
when the defendant had previously been convicted of one or more specified serious or
violent felonies or an offense requiring registration as a sex offender; and
WHEREAS, AB150 (Melendez and Gray) is an important clean-up provision that
would make the theft of a firearm valued at $950 or less grand theft in all cases,
punishable by imprisonment in the state prison for 16 months, or 2 or 3 years; and
WHEREAS, AB150 that would make buying or receiving a stolen firearm valued
at $950 or less is a felony offense; and
WHEREAS, theft of a firearm is a serious matter, and should be treated as such
irrespective of Proposition 47; and
WHEREAS, the California Constitution authorizes the Legislature to amend or
repeal an initiative statute that becomes effective when approved by the electors; and
WHEREAS, legislation would provide that it would become effective only upon
approval of the votes, and would provide for the submission of this measure to the votes
for approval at the next statewide general election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, DOES HEREBY RESOLVE THE PUBLIC SAFETY NEED FOR
ASSEMBLY BILL 150 THAT WOULD MAKE BUYING OR RECEIVING A FIREARM
VALUED AT $950 A FELONY.
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Resolution No.
Page 2
ADOPTED ON THIS 2ND DAY OF SEPTEMBER, 2015.
DAVID H. READY, CITY MANAGER
ATTEST:
JAMES THOMPSON, CITY CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. is a full, true and correct copy, and was duly adopted at a
regular meeting of the City Council of the City of Palm Springs on 2nd day of
September, 2015, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California
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