Camarillo City Council
AGENDA REPORT
Date: September 25, 2024
To: Honorable Mayor and City Councilmembers
From: Greg Ramirez, City Manager
Submitted by: Carmen Nichols, Assistant City Manager
Subject: Legislative Review of Proposition 5 and 36
BACKGROUND
City Council Policy 2.02 Legislation and Legislative Matters states that the City Council will participate in the legislative process when legislative matters have the potential to impact the community. Such participation will include intergovernmental relations, legislative advocacy and, when appropriate, legislative proposals.
Through a series of meetings, the Policy Committee received presentations and reviewed The Homelessness, Drug Addiction, and Theft Reduction Act (Proposition 36), which proposes to amend provisions related to the prosecution of property and drug crimes.
Additionally, the Policy Committee reviewed, Assembly Constitutional Amendment 1 and 10 (Aguiar-Curry), which have now become Proposition 5. The proposition would allow local governments to pass general obligation bonds under 55 percent voter approval.
Policy Committee members reviewed several information and discussion items addressing both propositions. Presentations were provided by City staff, the City’s contracted state advocate, Arc Strategies, and an external organization (California District Attorneys Association). At the July 25, 2024, meeting the Policy Committee received a final update from staff, and members recommended that a Support position be considered by the City Council.
DISCUSSION
PROPOSITION 5
In September 2023, ACA 1 was chaptered into law. Its passage placed a proposal on the November 2024 ballot to allow a city, county, or special district to incur bonded indebtedness or impose specified special taxes to fund projects for affordable housing, permanent supportive housing, or public infrastructure with 55 percent voter approval instead of the existing two-thirds approval requirement. The lowered threshold will only
Proposition 36 – The Homelessness, Drug Addiction, and Theft Reduction Act Proposition 5 – Lower Voter Threshold for Local Bond Measures to Fund Housing and Public Infrastructure
September 25, 2024
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apply when proposed specifically for the construction, reconstruction, rehabilitation, or replacement of public infrastructure or affordable housing, or the acquisition or lease of real property for those purposes. The goal of the ACA is to streamline the approval process and allow municipalities to address their housing and capital improvement needs.
Subsequently, on June 27, 2024, ACA 10 was chaptered into law, amending ACA 1 by removing the proposal to lower the voter threshold for special taxes. As a result, now ACA 10 only includes the proposal to lower the voting requirements from two-thirds to 55 percent for the issuance of general obligation bonds for public infrastructure or affordable housing. Both ACAs combined have now been placed on the ballot for the November 2024 election as Proposition 5.
The Proposition places several requirements on public agencies who seek to pursue general obligation bonds, including the creation of a Citizen Oversight Committee, annual audits, and limitations on the use of funding for administrative purposes. Several associations and individual cities have taken support positions on Proposition 5. Most recently, the Board of the League of California Cities (CalCities) officially voted to support the proposition, as well as the California State Association of Counties (CSAC) and the California Special District Association (CSDA).
PROPOSITION 36
In November 2014, voters passed Proposition 47 (Safe Neighborhood and Schools Act), which amended several provisions addressing theft and drug offenses, resentencing, and reclassification of crimes. Specifically, the proposition downgraded several offenses from felonies to misdemeanors. Proposition 36 aims to make modifications to Proposition 47 by rolling back some of its measures.
Property crime provisions:
•Reclass of theft with two or more prior convictions as a jail-eligible felony. •Reclass of theft under $950 to felony if offender has two or more theft crimes. •Adds new measures to address “smash and grab” thefts that result in significant losses or are committed by multiple individuals acting in concert. •Allows aggregation of amounts stolen in multiple thefts by a single individual to reach $950 threshold.
Drug crime provisions:
•After two drug convictions, there would be discretion to charge the third drug conviction as a treatment-mandated felony.
•Adds fentanyl to the list of hard drugs resulting in felony prison time for dealers when in possession of large quantities or when firearms are involved. •Requires warning to convicted dealers/manufacturers that they can be charged with murder if they continue trafficking drugs and someone dies as a result.
Proposition 36 – The Homelessness, Drug Addiction, and Theft Reduction Act Proposition 5 – Lower Voter Threshold for Local Bond Measures to Fund Housing and Public Infrastructure
September 25, 2024
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•Restores great bodily injury enhancement when defendant traffics in drugs and someone dies or is seriously injured.
The Joint Legislative Audit Committee requested the California State Auditor to conduct an audit of the effects of Proposition 47 on San Bernardino and Riverside counties. The results were released in July 2024 and found that the number of individuals who were convicted four or more times increased by 12 percent. In addition, theft convictions among those who reoffended four or more times increased by 14 percent after the implementation of Proposition 47. The State Auditor made two recommendations to the California State Legislature: appropriate additional funds for services that eliminate the root causes of recidivism and increase penalties for individuals who are convicted of four or more repeat offenses.
Several associations and individual cities have taken support positions on Proposition 36.
Most recently, the Board of the League of California Cities (CalCities) officially voted to support the proposition, as well as the California State Association of Counties (CSAC).
FISCAL IMPACT
There is no budget impact as a result of this action.
RECOMMENDATION
Discuss the Policy Committee’s support recommendation for Proposition 5 and Proposition 36, and approve the resolutions in support of the propositions.
ATTACHMENTS
1. Assembly Constitutional Amendment 1
2. Assembly Constitutional Amendment 10
3. Secretary of State Official Title and Summary
4. Legislative Analyst Office – Analysis of Measure
5. The Homelessness, Drug Addiction, and Theft Reduction Act
6. Secretary of State Official Title and Summary
7. Legislative Analyst Office – Analysis of Measure
8. Auditor of the State of California – Proposition 47 in Riverside and San Bernardino Counties
9. Resolutions
REFERENCE MATERIALS – AVAILABLE FOR REVIEW AT CITY HALL None