Grass Valley City Council
October 8, 2024

Item # 4.

THIRD AMENDED EMPLOYMENT AGREEMENT BETWEEN

CITY OF GRASS VALLEY AND BJORN JONES
This Third Amended Employment Agreement (“Agreement”) is effective as of the 8th day of October 2024 by and between the City of Grass Valley (“City”) and Bjorn Jones (“City Engineer” or “Employee”) (collectively, the “Parties”).

RECITALS
WHEREAS, the City and Employee entered into an Employment Agreement (the “Original Agreement”) for their service in the position of City Engineer effective 2/20/2022; and amended that Original Agreement effective June 26, 2022 (“First Amendment”); and amended the Second Amendment Agreement Effective June 25, 2023 (“Second Amendment”) WHEREAS, the City Council desires to provide the Employee with an increase in the pay range of positions in recognition of exemplary service to the City; and WHEREAS, parties may modify the Agreement upon mutual written agreement.

NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein the adequacy of which is hereby acknowledged by the PARTIES to be sufficient, the PARTIES agree as follows:

TERMS AND CONDITIONS

1. Remove and replace Appendix A with the attached Appendix A dated October 8, 2024, reflecting a 4% increase to the end of the pay range.

2. Remove and replace Appendix A with the attached Appendix A dated October 8, 2024, reflecting a revision to item E. Retiree Health Plan Benefit to reflect that an employee with ten years of Grass Valley service shall be eligible for $500 towards CalPERS Health Premium.

3. All other terms, conditions, and provisions of the Original Agreement, First Amendment, Second Amendment, to the extent not modified by this Agreement, shall remain in full force and effect.

TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below.

Item # 4.

CITY
City of Grass Valley
By:_________________________
Tim Kiser
City Manager
Date:_______________

EMPLOYEE
By:_________________________
Bjorn Jones
Date:_______________
Attest:

By:_________________________
Taylor Whittingslow
Deputy City Manager
Date:_______________
Approved as to form:

By:_________________________
Michael G. Colantuono,
City Attorney
Date:_______________

Item # 4.

Appendix A - Compensation and Benefits
Updated: October 8, 2024
Life Insurance and Long-Term Disability, EAP, Retiree Health Plan, other Benefits, and Special Provisions
A. EMPLOYEE CONTRIBUTIONS
Employee contributions towards health benefits are on a pre-tax basis and subject to IRS rules.

B. LIFE INSURANCE
The City shall provide term Life insurance benefits for the Employee, without cost to the Employee, of 1.5 times their annual salary up to two hundred thousand dollars ($200,000) for the Employee, five thousand dollars ($5,000) for the Employee’s spouse and fifteen hundred dollars ($1,500) for eligible dependent children without cost to the employee.

C. SHORT TERM/LONG TERM DISABILITY INSURANCE
Short Term – There is no short-term disability coverage however employee may elect to pay into State Disability Insurance (SDI) at no cost to the City, or they may use any leave bank to cover short term disability exceeding 10 workdays and with a doctor’s note.

Long Term - The City shall provide without cost to the Employee an income protection insurance program that shall insure an Employee’s income to a maximum of sixty-six and two thirds percent (66 2/3%) of monthly earnings with a ceiling of six thousand dollars ($6,000) in calculated base. Conditions of coverage shall be controlled by the master agreement with the insurance company.

D. EMPLOYEE ASSISTANCE PROGRAM
The City has an established Employee Assistance Program. This program provides confidential counseling help for employees and their families. The Employee Assistance program provides for up to 3 visits.

E. RETIREE HEALTH PLAN BENEFIT
Employees who become subject to this Plan, who retire from the City in good standing, who have at least ten years of Grass Valley service, who elect to retain CalPERS medical coverage and who are of full retirement age shall be entitled to payment of up to $500 towards the CalPERS premium for a single party until such time as the Employee is eligible to receive Medicare or is hired and has healthcare coverage available from the new employment.

Item # 4.

Appendix A - Compensation and Benefits
Updated: October 8, 2024
If the Employee so desires, his/her spouse may be added at the additional cost difference of the Employee plus one and the Employee pays the difference. If the Employee retiree selects a health plan that costs less than the City’s contribution, they will not be eligible to receive the cash difference. All premium contributions must be received one month in advance and it is the responsibility of the Employee retiree to ensure that the City receives payment.

Failure to pay the retiree’s contribution in a timely manner (i.e., within 30 days of due date) will result in the loss of the benefit.

Employees waiving health care coverage shall receive two hundred fifty dollars ($250) per month less the cost of any elected dental or vision insurance per month until eligible for Medicare or is hired and has healthcare coverage available from the new employment.

Employees waiving health care coverage must produce evidence of insurance through another source. Any payment due Employees for waiving medical insurance coverage shall be paid in a lump sum per month.

Personal Leave
The purpose of Personal Leave is to provide Employees the ability to accrue time for vacation, sick leave and personal leave situations.

Employees shall accrue Personal Leave hours at a rate of no less than 256 hours and no more than 328 hours per year based on years of service as set forth below. One twenty-sixth (1/26) of such Personal Leave amount shall accrue each pay period.

No Employee may carry a balance of more than 520 hours of their Personal Leave. Employees who have accumulated 520 hours of Personal Leave will accrue no further Personal Leave until they have used Personal Leave in an amount sufficient to bring their accumulated Personal Leave balance below 520 hours. Employees may convert up to 160 hours of accrued Personal Leave to salary compensation once each year. Personal Leave conversion of a maximum of 160 hours to salary must be submitted by December 20th of each year. 100% of Personal Leave hours in excess of the maximum accrual amount may be converted to banked PERS service credit in accordance with CalPERS regulations.

Employees who become subject to this Plan after July 1, 2011, must convert all accumulated Vacation Leave, Sick Leave to “Personal Leave”. Those hours of Sick Leave or Vacation Leave combined in excess of 520 hours will be placed in a Sick Leave and Vacation Leave bank account to be utilized by the Employee, or paid out upon separation from service as set forth herein, or converted to banked PERS service credit in accordance with CalPERS regulations. Upon separation from service, the City shall pay employee a one-time lump sum calculated on Fifty (50%) Percent of the employee’s banked unused Sick Leave and one hundred (100%) percent of the employee’s banked Vacation Leave. (For example, if an employee is compensated for 450 hours of sick leave at the 50% rate, the uncompensated 225 hours would go to PERS service credit as allowed by PERS.) Employees will accrue Personal Leave time at the following rates:

Item # 4.

Appendix A - Compensation and Benefits
Updated: October 8, 2024
1 to 2 years of city service = 256 hours
2 plus years to 5 years = 272 hours (10.46 hours biweekly) 5 plus years to 10 years = 296 hours (11.38 hours biweekly) 10 plus years to 20 years = 316 hours (12.15 hours biweekly) 20 plus years = 328 hours (12.62 hours biweekly)
After 2 plus years of city service, credit for prior public service may be included for purposes of calculating annual time subject to the City Manager approval. Prior public service shall be similar in nature to the duties being performed by the Employee for City to be eligible for this benefit.

Certifications
The City shall pay the costs associated with obtaining and maintaining special certificates that are required by the State of California, the City of Grass Valley or any governmental agency to obtain and maintain as a condition of employment.

Holidays
Employees are entitled to 12 paid holidays as listed below.

Recognized Holidays shall include:

New Year’s Eve New Year’s Day
Presidents Day Veterans Day
Martin Luther King Day Thanksgiving Day
Memorial Day The Day After Thanksgiving
July 4th Christmas Eve
Labor Day Christmas Day
A paid holiday is equivalent to eight hours, for a total of 96 hours per year. Holiday hours are accrued outside of Personal Leave, must be used within the calendar year accrued. Unused holiday hours may not be carried over into any subsequent calendar year or "cashed out." Special Provisions
A. PUBLIC SAFETY ALLOWANCE
The Police Chief, Deputy Police Chief, and Fire Chief shall be provided a uniform and cleaning allowance. The amount of the benefit will be the same as established under Unit 6 for the Police Chief & Deputy Police Chief and under Unit 8 for the Fire Chief.

Item # 4.

Appendix A - Compensation and Benefits
Updated: October 8, 2024
The Police Chief & Deputy Police Chief shall receive an annual stipend of $1,000 for attending community events.

B. VEHICLE ALLOWANCE
The Police Chief, Deputy Police Chief, Fire Chief and Public Works Director shall be provided a vehicle. Other Employees may be granted a car allowance subject to the City Manager’s approval and in accordance with City adopted policies. Employees will have access to City “Pool” vehicles for conducting City business or will be eligible for mileage reimbursement for personal vehicle use when conducting City business in accordance with City adopted policies.

C. TRAINING/MEMBERSHIPS
Employees shall be entitled to training, travel, workshops, and professional memberships, for the purpose of personal growth and enrichment subject to the annual amounts budgeted each year in the respective department for this purpose. City agrees to reimburse Employee for reasonable expenses for training, travel, workshops and professional memberships which have been authorized by the City Budget and approved in advance by the City Manager.

Employee must submit expense receipts, statements or personal affidavits, and audit thereof in like manner as other demands against the City.

D. PUBLIC EMPLOYEES RETIREMENT SYSTEM
All Employees will be members of the California Public Employees Retirement System as provided by the terms of the contracts between the City of Grass Valley and the California Public Employees Retirement System.

Item # 4.

Appendix A - Compensation and Benefits
Updated: October 8, 2024
Salary Schedule
Position
Annual Salary
Min Mid Max
Administrative Services Director $ 139,107.94 $ 169,938.80 $ 200,769.66 Deputy Administrative Services
Director $ 132,628.24 $ 156,660.48 $ 180.692.72
City Clerk $ 86,941.63 $ 102,520.72 $ 118,099.80
Deputy City Clerk/Management
Services Analyst $ 78,248.07 $ 92,268.95 $ 106,289.82
Deputy City Manager I $ 108,665.00 $ 126,446.04 $ 144,237.08 Deputy City Manager II $ 139,107.94 $ 169,938.80 $ 200,769.66 City Engineer $ 130,413.71 $ 159,686.70 $ 188,959.68
City Planner $ 108,665.00 $ 126,446.04 $ 144,237.08
Community Development Director $ 130,413.71 $ 159,686.70 $ 188,959.68 Fire Chief $ 152,149.54 $ 185,317.09 $ 218,484.63
Police Chief $ 159,478.26 $ 194,180.73 $ 228,883.20
Deputy Police Chief $ 143,530.43 $ 176,535.74 $ 209,535.04 Public Works Director of
Operations $ 130,413.71 $ 159,686.70 $ 188,959.68
Utilities Director $ 130,413.71 $ 159,686.70 $ 188,959.68

Item # 4.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Appointment of Planning Commissioner
CEQA: Not a Project
Recommendation: That Council approve the appointment of Matthew Wich as Planning Commissioner for Councilmember Ivy.

Prepared by: Taylor Day, Deputy City Manager
Council Meeting Date: 10/8/2024 Date Prepared: 10/5/2024 Agenda: Consent
Background Information: By Council policy, each councilmember submits a candidate for appointment to the Planning Commission to the members of City Council for their approval and appointment. The terms of appointed Planning Commissioners coincide with the nominating Council Member’s term of office and may be changed by that city councilmember at any time during their term in office. Councilmember Ivy has chosen Matthew Wich to fill the position of her Planning Commissioner.

Council Goals/Objectives: This item executes portions of work tasks towards High Performance Government and Quality Service Goal # 5.A.3: Continue to build cooperative relationships with representatives from service clubs and other community groups.

Fiscal Impact: N/A
Funds Available: N/A Account #: N/A
Reviewed by: __ City Manager
Attachments: None

Item # 5.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Second Reading of Ordinance No. 829 Increasing Compensation for Mayor and City Councilmembers
CEQA: Not a Project.

Recommendation: That the Council hold a second, waive full reading and read by title only, and adopt Ordinance No. 829 Increasing Compensation for Mayor and City Councilmembers.

Prepared by: Timothy M. Kiser, City Manager
Council Meeting Date: October 8, 2024 Date Prepared: October 2, 2024 Agenda: Public Hearing
Background Information: In accordance with the City Charter, the City Council has the authority to establish the annual compensation for the Mayor, Vice Mayor, and Council Members by ordinance. However, any ordinance increasing compensation will not take effect until the terms of the Council Members elected at the next regular election commence. The compensation for Council Members must not exceed the maximum amount allowed under the Government Code for council members in general law cities of comparable size and is subject to periodic adjustments.

At the City Council meeting on September 10, 2024, the Council directed staff to prepare an ordinance to increase the compensation for the Mayor from $300 to $600 per month and for Council Members from $275 to $550 per month. This proposed increase remains well below the maximum allowable salary of $950 per month, as set by SB 329. It is important to note that the compensation for the Mayor and City Council Members has not been updated since 2000.

On September 24, 2024, the City Council approved the first reading of attached Ordinance No. 829. Staff is requesting the City Council to hold a second reading by title only and adopt Ordinance No. 829.

Council Goals/Objectives: This item executes portions of work tasks towards achieving/maintaining Strategic Plan - High Performance Government and Quality Service.

Fiscal Impact: The proposed increase in City Council compensation would result in an annual budget impact of $16,800. This additional cost will be distributed across various funds, and there are sufficient resources available to accommodate the proposed increase.

Funds Available: Yes Account #: Various Funds
Reviewed by: Tim Kiser, City Manager
Attachments: Ordinance 829 Page 160
Item # 6.
375056.2
ORDINANCE NO. 829

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF GRASS VALLEY INCREASING

COMPENSATION FOR MAYOR AND CITY

COUNCILMEMBERS
WHEREAS, Section 9 of Article VI of the Grass Valley City Charter authorizes the City Council to determine by ordinance the compensation of the mayor, vice mayor, and councilmembers, which may take effect upon the commencement of the terms of councilmembers elected at a regular election; and
WHEREAS, Section 9 of Article VI of the City Charter provides that councilmember compensation may not exceed the maximum amounts permitted by Government Code provisions for compensation of councilmembers in general law cities of comparable size to the City; and
WHEREAS, Government Code section 36516(a)(2)(A), as amended by Senate Bill 329 (2023), authorizes salaries for councilmembers in cities with populations up to 35,000 of up to $950 per month;
WHEREAS, as the operative date of the last adjustment to mayor and councilmember compensation was in 2000, the City Council of the City of Grass Valley now finds increased compensation necessary and desirable to address rising inflation and costs of living and to ensure that Council service is not reserved to those who can afford it.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GRASS VALLEY:

SECTION 1. RECITALS. The above set forth recitals and findings are true and correct and incorporated herein by reference.

SECTION 2. CODE AMENDMENT. Section 2.02.020 of Chapter 2.02 of Title 2 of the Grass Valley Municipal Code is hereby amended to read as follows:

A. The mayor shall receive the sum of six hundred dollars each month as compensation for his or her services.

B. In addition to the monthly compensation set forth in subsection A of this section the mayor shall receive the actual and necessary expenses incurred in the performance of the duties as mayor.

Item # 6.
375056.2
SECTION 3. CODE AMENDMENT. Section 2.02.030 of Chapter 2.02 of Title 2 of the Grass Valley Municipal Code is hereby amended to read as follows:

A. Members of the city council shall receive the sum of five hundred fifty dollars each month as compensation for their services as councilmembers.

B. In addition to the monthly compensation set forth in subsection A of this section members of the city council shall receive their actual and necessary expenses incurred in the performance of their duties.

SECTION 4. CEQA Findings. This Ordinance is not a project within the meaning of Section 15378 of the California Environmental Quality Act (CEQA) Guidelines because it establishes compensation, with no potential to result in physical change in the environment, directly or indirectly. This Ordinance is also exempt under CEQA Guideline 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.

SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or its application to any person or circumstance is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons and circumstances. The City Council of the City of Grass Valley declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof despite the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional and, to that end, the provisions hereof are hereby declared to be severable.

SECTION 6. EFFECTIVE DATE. This Ordinance shall be in full force and effect 30 days after its adoption under Section 2 of Article VII of the City Charter. However, the increased compensation provided by this Ordinance shall not take effect until the commencement of the terms of councilmembers elected or reelected at the regular election in the City on November 5, 2024.

SECTION 7. PUBLICATION. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published once in The Union, a newspaper of general circulation printed, published, and circulated within the City.

INTRODUCED and first read at a regular meeting of the City Council on the 24th day of September 2024.

Item # 6.
375056.2
FINAL PASSAGE AND ADOPTION by the City Council was at a meeting held on the 8th day of October 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINING:
________________________________
Jan Arbuckle, Mayor
ATTEST:
________________________________
Taylor Whittingslow, City Clerk
APPROVED AS TO FORM:
________________________________
Michael G. Colantuono, City Attorney

Item # 6.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Introduction of an ordinance amending 10.64.010, 10.64.020, and 10.64.030 of Chapter 10.64 of Title 10 and adding section 12.16.040 to Chapter 12.16 of Title 12 of the Grass Valley Municipal Code regulating use of wheeled devices CEQA: Not a project
Recommendation: Introduce the attached ordinance, waive full reading, and read by Title Only
Prepared by: Alexander K. Gammelgard, Chief of Police
Council Meeting Date: 10/08/2024 Date Prepared: 10/02/2024 Agenda: Public Hearing
Background Information: In an effort to update the City’s municipal code after the completion of the Mill Street Plaza, the attached ordinance would make applicable amendments/additions to the code in order to more clearly regulate many types of wheeled devices.

The ordinance will prohibit the riding of defined devices on and along pedestrian walks and public right of ways in designated areas of the City. The ordinance itself, in section

12.16.040, will regulate the use of specified wheeled devices in the downtown core specifically. This paired with a resolution (to be adopted at a later date) will clearly define the areas in which riding of specified wheeled devices are prohibited.

In addition to the area mentioned above, these amendments/additions would also allow regulation of the riding of skateboards in parking lots, and near commercial and multifamily residential buildings as well. Those areas also require sign posting and notification by property owners to the City of the implementation of prohibitions (10.64.030).

The ordinance also provides the option for the Council to adopt additional locationbased regulations of wheeled devices by resolution, should there be a future desire to expand areas under the City’s control in which regulations should be implemented (10.64.030).

Item # 7.

Council Goals/Objectives: The execution of this action attempts to achieve the following Strategic Goals:

GOAL #1: COMMUNITY & SENSE OF PLACE
GOAL #2: SAFE AND RELIABLE TRANSPORTATION SYSTEM
GOAL #6 – SAFE PLACE TO LIVE, WORK AND PLAY
Fiscal Impact: N/A
Funds Available: N/A Account #: N/A
Reviewed by: City Manager

Item # 7.
338903.3 1
ORDINANCE NO. 830

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRASS VALLEY AMENDING SECTIONS 10.64.010, 10.64.020,
AND 10.64.030 OF CHAPTER 10.64 OF TITLE 10 AND ADDING
SECTION 12.16.040 TO CHAPTER 12.16 OF TITLE 12 OF THE

GRASS VALLEY MUNICIPAL CODE REGULATING USE OF

WHEELED DEVICES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GRASS VALLEY:

SECTION 1. CODE AMENDMENT. Section 10.64.010 of Chapter 10.64 of Title 10 of the Grass Valley Municipal Code is amended to read as follows:

The purpose of this chapter is to regulate the use of wheeled devices, including but not limited to bicycles, scooters, rollerblades, roller skates, skateboards, and other similar wheeled devices not necessary for mobility, in parking lots, near commercial and multifamily residential buildings, and on and along pedestrian walks and public right of ways in designated areas of the city identified by posted signs.

SECTION 2. CODE AMENDMENT. Section 10.64.020 of Chapter 10.64 of Title 10 of the Grass Valley Municipal Code is amended to read as follows:
"Pedestrian walk" means those areas of the city, usually a public sidewalk, but may include an alley, roadway, parking lot, or any way or place used for pedestrian foot traffic or for wheelchairs.
"Skateboard" means a mechanism having two or more sets of wheels, often resembling wheels on roller skates, which are fastened to a platform, commonly constructed to accommodate a standing person. Skateboards are normally propelled by the operator pushing off the ground with one foot or by the force of gravity, but may be operated by an engine, motor or similar device.

SECTION 3. CODE AMENDMENT. Section 10.64.030 of Chapter 10.64 of Title 10 of the Grass Valley Municipal Code is amended to read as follows:

A. No person shall use or operate a skateboard within any parking lot of or within 20 feet of the entrance to any commercial building or multifamily

Item # 7.
338903.3 2
residential building which has been posted by the property owner or manager with a sign(s) as described below.

1. Signs shall be posted along each exterior entrance to the parking lot and along each exterior entrance of the commercial building or multifamily residential building, in plain view of pedestrians and motor vehicle operators entering the parking lot or building at such entrances.

Additional signs may be posted at the property owner’s or manager’s discretion. These signs shall be maintained by the property owner or manager.

2. Each such sign shall state: "SKATEBOARDING PROHIBITED" and underneath "City of Grass Valley Municipal Code Section 10.64.030." The signs shall be not less than one square foot in area and with letters not less than two inches in height.

3. A property owner or manager shall give written notice of such posting to the city chief of police not less than 24 hours before posting such signs.

4. A property owner or manager may withdraw from the provisions of this chapter by notifying the city chief of police, in writing, of such withdrawal, and removing the signs.

B. The director of public works shall post or erect or cause to be posted or erected signs prohibiting the use, operation, or riding of wheeled devices, such as bicycles, scooters, rollerblades, roller skates, skateboards, or other similar wheeled devices not necessary for mobility in places designated by resolution of the city council.

SECTION 4. CODE ADOPTION. Section 12.16.040 of Chapter 12.16 of Title 12 of the Grass Valley Municipal Code is added to read as follows:

12.16.040 – Use of Wheeled Devices in Downtown Core
A. No person shall ride, use, or operate a bicycle, skateboard, scooter (with or without an electric motor), rollerblades, roller skates, or other similar wheeled device not necessary for mobility upon any street, sidewalk, or public right of way within the downtown core boundaries, as that term is defined in Section

8.20.130(B)(1)(a), when signs are posted giving notice of the restriction, except as follows:

Item # 7.
338903.3 3

1. Wheeled devices necessary for mobility, such as wheelchairs and knee scooters, may be ridden, used, or operated as intended on any public sidewalk, road, or street in the downtown core.

2. Wheeled devices, with the exception of skateboards, may be used in areas designed for automobiles and bicycles if operated therein accordance with State and local law. This section shall not be construed as permitting the riding, using, or operating of any wheeled device on sidewalks or on streets or roadways closed to vehicular traffic.

3. Bicycles, skateboards, scooters, rollerblades, roller skates, and other similar wheeled devices may be carried by or propelled alongside a walking pedestrian.

SECTION 5. CEQA FINDINGS. This Ordinance is not a project within the meaning of Section 15378 of the California Environmental Quality Act (CEQA) Guidelines because it has no potential to result in physical change in the environment, directly or indirectly.

This Ordinance is also exempt under CEQA Guideline 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.

SECTION 6. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or its application to any person or circumstance is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons and circumstances. The City Council of the City of Grass Valley declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof despite the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional and, to that end, the provisions hereof are hereby declared to be severable.

SECTION 7. Effective Date. This Ordinance shall be in full force and effect 30 days after its adoption under Article VII, § 2 of the Grass Valley City Charter.

SECTION 8. Publication. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published once in The Union, a newspaper of general circulation printed, published, and circulated within the City.

INTRODUCED and first read at a regular meeting of the City Council on the 8 th
day of October, 2024.

Item # 7.
338903.3 4
FINAL PASSAGE AND ADOPTION by the City Council was at a meeting held on the ____ day of _______ 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINING:
________________________________
Jan Arbuckle, Mayor
ATTEST:
________________________________
Taylor Whittingslow, City Clerk
APPROVED AS TO FORM:
________________________________
Michael G. Colantuono, City Attorney

Item # 7.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Downtown Public Restroom Project (Church Street Parking Lot) CEQA: Exempt – Not a Project
Recommendation: That Council 1) review a proposed public restroom project funding; 2) authorize the Mayor to sign a Memorandum of Understanding (MOU) with GVDA for funding a portion of the proposed restroom, subject to legal review; and 3) authorize the Administrative Services Director to make necessary budget adjustments or transfers to add the project current budget.

Prepared by: Timothy M. Kiser P.E., City Manager
Council Meeting Date: 10/08/2024 Date Prepared: 10/02/2024 Agenda: Administrative
Background Information: On June 25, 2024, the City Council finalized the Measure E Projects for the FY 2024/25 Capital Improvement Program. Both the Measure E Oversight Committee and the City Council agreed to remove the proposed downtown restroom from the Measure E program, as the project did not align with the intent of the sales tax measure. At that time, the Council requested staff to explore alternative funding options for this much-needed project.

Staff worked with the Grass Valley Downtown Association (GVDA) and secured a commitment to use Business Improvement District (BID) funds to fund half of the restroom's cost. With this commitment, the City could proceed with the project, with reimbursement from GVDA over time.

If the City Council wishes to move forward, the City can utilize Special Project funds, designated for one-time capital improvements, to cover the construction and installation of the restroom in the Church Street Parking Lot. Current funds are sufficient to complete the project, estimated at $400,000, with $120,000 to be reimbursed by GVDA through BID funds over time.

The restroom is expected to cost $240,000, with improving the four ADA parking stalls, bringing utilities to the location, and sidewalk around the restroom is estimated to cost about $160,000.

Staff has worked with GVDA to draft an agreement for this reimbursement to ensure the project progresses without delay.

Council Goals/Objectives: This action executes portions of work tasks towards achieving/maintaining Strategic Plan – Community & Sense of Place and Economic Development and Vitality
Fiscal Impact: The proposed downtown restroom project could be funded with Special Project funds and the MOU with the GVDA would reimburse the Special Project fund $120,000 over time.

Funds Available: Yes Account #: TBD
Reviewed by: City Manager
Attachments: GVDA MOU & Conceptual Layout Page 170
Item # 8.

MEMORANDUM OF UNDERSTANDING (MOU)

BY AND BETWEEN

THE CITY OF GRASS VALLEY AND

THE GRASS VALLEY DOWNTOWN ASSOCIATION (GVDA)

FOR THE DOWNTOWN BATHROOM BUILDING PROJECT
This Memorandum of Understanding ("MOU") is entered into this 2Lz day of ~ rcipe:JY-- , 2024 (the "Effective Date"), by and between the City of Grass Valley ("City"), a charter city, and the Grass Valley Downtown Association ("GVDA") (referred to collectively as "Parties").

WHEREAS, the Parties find it necessary and desirable to construct publicly accessible restrooms at the municipal parking lot located at South Church St, Grass Valley, CA 95945, referred to as the Downtown Bathroom Building Project (the "Project").

WHEREAS, the Parties wish to enter into this MOU to identify the roles and responsibilities of each Party as they relate to the funding of the Project.

NOW, THEREFORE, in consideration of the foregoing, the Parties hereby covenant and agree as follows:

1. Term.
a. This MOU shall be effective as of the Effective Date and shall remain in effect until the contribution amount set forth herein is satisfied in full, unless terminated earlier by written mutual agreement.

2. Project Funding.
a. GVDA shall contribute a total sum of $120,000 to the Project, as follows:
i. Upon the Effective Date, City shall withdraw an initial sum of $20,000 from the Business Improvement District (BID) assessment reserve funds held by the City.
ii. Annually, beginning on the anniversary of the Effective Date, the City shall withhold a sum of $5,000 from the BID assessment funds to be disbursed by the City to GVDA to reimburse City for its costs incurred in completing, installing, and/or maintaining the Project.

1. Should the amount of BID assessments collected in a particular year exceed $60,000, the City may request permission to withhold additional funds beyond the amount of $5,000. GVDAshall approve any such requests for additional funds unless the Parties agree that such additional funds are critically needed to address other improvements and activities authorized by Chapter 12.40 of the Grass Valley Municipal Code. Notwithstanding GVDA's approval of additional funding in any particular year(s), in no event shall GVDA be obligated to contribute more than $120,000 in total to the Project.

2. Should the amount of BID assessments collected in a particular year equal less than $60,000, the City shall only withhold the amount of assessment funds in excess of $55,000. In such event,

Item # 8.
the difference in funding below $5,000 shall be offset by additional funding in a subsequent year or years. Nothing herein shall be construed to relieve GVDA of its obligation to contribute a total sum of $120,000 to the Project unless the Parties agree otherwise by written mutual agreement.
b. City shall be responsible for all other Project costs and expenses, including but not limited to, the costs of Project planning, installation, and ongoing maintenance.

3. Indemnity. Each Party hereto (hereafter, "Indemnifying Party") shall indemnify, defend and hold harmless the other Party, its officers, agents, employees and volunteers against any loss, cost, damage, expense, claim, suit, demand, or liability of any kind or character, including but not limited to reasonable attorney fees, arising from, in connection with, or relating to any negligent or wrongful act or omission of the Indemnifying Party, its officers, agents or employees, which occurs in the performance of, or otherwise in connection with, this Agreement. The provisions of this Section shall survive termination or suspension of this Agreement.

4. Notices. All notices given under this Agreement shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certified mail addressed to the parties at the following addresses:

CITY:

Tim Kiser
City Manager
City of Grass Valley
125 East Main Street
Grass Valley, CA 95945

5. Miscellaneous Provisions.

GVDA:

Robin Davis
Executive Director
Grass Valley Downtown Association
128 East Main Street
Grass Valley, CA 95945
a. Governing Law and Forum. This Agreement shall be interpreted and governed by the laws of the State of California. Venue for any claim arising under this Agreement shall be the Superior Court of California, County of Nevada. b. Interpretation. The Parties agree and acknowledge that the provisions of this Agreement have been arrived at through negotiation and that each Party has had a full and fair opportunity revise the provisions of this Agreement and to have such provisions reviewed by legal counsel. Therefore, any ambiguities in construing or interpreting this Agreement shall not be resolved against the drafting Party. c. Severability. If any provision, or any portion of any provision hereof, is held to be unconstitutional, invalid, or unenforceable, the remainder of this MOU, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect.
d. No Third Party Rights. The terms and provisions of this MOU are intended solely for the benefit of each Party hereto, and it is not the intention of the Parties to confer third-party beneficiary rights upon any other party. e. Entirety of MOU. The Parties have herein set forth the whole of their agreement

Item # 8.
as to the matters set forth in this MOU. All prior oral discussions, representations, and/or agreements, including any prior agreements, are specifically superseded by this MOU, which is intended by the Parties to contain all of the terms and conditions agreed to by them with regard to the subject matter herein. f. Assignment. This MOU may not be assigned by either Party without the written consent of the non-assigning Party. This MOU shall be binding on the successors and permitted assigns of the Parties.
g. Modifications. This MOU may be modified, changed, terminated, or rescinded only by an instrument in writing executed by the Parties hereto. h. Counterparts; Electronic Signatures. This Agreement may be signed in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument. The parties acknowledge and agree that this Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes. Without limitation, "electronic signature" shall include faxed or emailed versions of an original signature, electronically scanned and transmitted versions (e.g., via pdf) of an original signature, or a digital signature
IN WITNESSWHEREOF,theCITYOF GRASS VALLEY and the GRASS VALLEY DOWNTOWN ASSOCIATION have executed this Agreement on the day and year set forth below.

City of Grass Valley Grass Valley Downtown As ociation
Jan Arbuckle, Mayor
Dated: ------------
Dated: _ 9 _,______._/4_, _--+1p ,/-::wcJ ~{ ----
Attest:

Taylor Whittingslow, City Clerk
Dated: ------------
Approved as to Form:

Michael Colantuono, City Attorney
Dated: ------------

Item # 8.

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Item # 8.

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Item # 8.

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Item # 8.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Resolution in support of Proposition 36
CEQA: Not a project.

Recommendation: Adopt Resolution 2024-73 in support of Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act
Prepared by: Alexander K. Gammelgard, Chief of Police
Council Meeting Date: 10/08/2024 Date Prepared: 10/03/2024 Agenda: Administrative
Background Information: Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act, is on the November 2024 ballot and incentivizes people with serious drug addictions to fentanyl, meth, heroin, cocaine, or PCP to receive drug and mental health treatment. Prop 36 takes a compassionate approach and provides accountability needed to help people turn their lives around.

After the passage of Proposition 47, the use of drug courts was severely diminished since repeat drug offenders had little incentive to complete treatment. This is due to the change in law that reduced drug possession offenses to a simple misdemeanor.

Misdemeanors are nearly always just citations and result in very little, if any, jail time, which created a disincentive to participate in drug treatment that could last for up to 12 or more months.

Addressing drug addiction is critical for helping the individual and improving public safety. An in-depth data analysis of crime statistics sampling from four counties showed that the rate of chronic drug offenders who committed three or more drug offenses more than doubled after Prop 47 passed and that approximately 60% of drug offenders also committed theft offenses.

How Prop 36 Will Make a Difference
 Prop 36 restores drug courts and ensures there is accountability to complete treatment.
 Prop 36 creates a “treatment-mandated felony” if a person possesses a hard drug (meth, fentanyl, heroin, cocaine or PCP) and has two prior convictions for drugrelated offenses.  People with two or more prior convictions for drug-related offenses have the option of utilizing a drug court and participating in and completing drug and

Item # 9.
mental health treatment instead of county jail. A drug addiction expert will conduct a substance abuse and mental health evaluation before treatment begins. Those who successfully complete drug and mental health treatment can have the charge fully expunged.
 A treatment program may also include job training and other conditions that a judge finds appropriate for a successful outcome.
 Prop 36 will restore the ability to hold people accountable to repeat theft offenses.

Research from the Office of National Drug Control Policy under the Obama Administration showed every $1 spent on drug courts yields $2 in savings in the criminal justice system, and 84% of drug court graduates were not re‐arrested and charged with a serious crime in the first year after graduation.

In addition to the above information the following documents are attached for review:
 Voter Information Guide pages relevant to Prop 36
 LOA Analysis of Prop 36
 County of Nevada Staff report related to a Resolution in Support of Prop 36 brought by District 3 and District 4 Supervisors
As of the time of writing this staff report, at least 46 cities have taken formal support positions and reported that position to Leage of California Cities. Many cities are adding the action to their city council agendas so the number will continue to grow through October.

Council Goals/Objectives: The execution of this action attempts to achieve the following Strategic Goals: Goal #6 – Safe place to live, work and play.

Fiscal Impact: N/A
Funds Available: N/A Account #: N/A
Reviewed by: City Manager

Item # 9.

RESOLUTION NO. 2024-73
RESOLUTION IN SUPPORT OF PROPOSITION 36, THE HOMELESSNESS, DRUG

ADDICTION, AND THEFT REDUCTION ACT
WHEREAS: While Prop 47 achieved notable success in making California’s criminal justice system more equitable, Prop 47 has also led to unintended consequences over the past decade.

WHEREAS: Prop 47 has contributed to increases in repeat and often organized retail theft as well as difficulty convincing people to seek drug and mental health treatment.

WHEREAS: These unintended consequences can only be corrected by the voters at the ballot box with modest amendments to Prop 47.

WHEREAS: Prop 36, the Homelessness, Drug Addiction, and Theft Reduction Act is a bi-partisan measure that provides common sense, targeted reforms to Prop 47 that, with the recently adopted legislative Retail Theft Package, provide more tools to increase safety in our communities.

WHEREAS: Spikes in retail theft, violent smash-and-grab robberies, fentanyl deaths and illicit drug use, as well as strained social services, are creating challenges beyond the capacity of local governments.

WHEREAS: Cities are partnering with the state to advance solutions that help reduce crime and provide more support to residents struggling with substance abuse, while avoiding a return to the days of mass incarceration.

WHEREAS: Prop 36, the Homelessness, Drug Addiction, and Theft Reduction Act will define fentanyl as a hard drug, hold individuals convicted of trafficking fentanyl accountable, and grant judges greater discretion in sentencing drug traffickers.

WHEREAS: Breaking the cycle of repeat offenders means addressing the many root causes of retail theft.

WHEREAS: Prop 36, the Homelessness, Drug Addiction, and Theft Reduction Act allows critical behavioral health services, drug treatment, and job training within our justice system for people who are homeless and suffering from mental illness or struggling with substance abuse.

Item # 9.

WHEREAS: It’s time for meaningful and tailored reforms to our justice system to ensure the safety of our communities.

NOW, THEREFORE, BE IT RESOLVED by the City of Grass Valley, that the City Council formally expresses support for Prop 36, the Homelessness, Drug Addiction, and Theft Reduction Act and the benefit that it provides for our community’s safety.

ADOPTED as a resolution of the City Council of the City of Grass Valley at a regular meeting held on the 8th day of October 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINING: ____________________________
Jan Arbuckle, Mayor
APPROVED AS TO FORM: ATTEST:
_____________________________ ____________________________ Michael G. Colantuono, City Attorney Taylor Whittingslow, Deputy City Clerk

Item # 9.

TEXT OF PROPOSED LAWS PROPOSITION 35 CONTINUED
(c) Statutory References. Unless otherwise stated, all
references contained in this chapter to statutes codified outside of this chapter refer to those statutes as they existed on July 1, 2023.
(d) Effective Date. This chapter shall take effect on the next January 1 following its approval by the voters of
California.
14199.136. Standing to Defend Chapter
Notwithstanding any other law, if the State of California or any of its officers or officials fail to defend the
constitutionality of this chapter, following its approval by the voters, any other state or local government
agency of this state shall have the authority to intervene on behalf of the State of California or the department in a court action challenging the constitutionality of this chapter for the purpose of defending its
constitutionality, whether that action is in state or
federal trial court, on appeal, or on discretionary review by the Supreme Court of California or the Supreme
Court of the United States. The reasonable fees and
costs of defending the action by the other state or local government agency shall be a charge on funds
appropriated to the Department of Justice, which shall
be satisfied promptly.

SEC. 2. Appropriations Limit.
(a) Commencing with the 2025–26 fiscal year,
pursuant to Section 4 of Article XIIIB of the California Constitution, the electors of the State of California
hereby adopt an increase in the appropriations limit for the State of California equal to the amount of the
revenues generated by the taxes contained in Article 6
(commencing with Section 14199.123) of this act and
Article 7.1 (commencing with Section 14199.80) of
Chapter 7 of Part 3 of the Welfare and Institutions
Code.
(b) The duration of the increase in the State of
California’s appropriations limit adopted pursuant to
this section shall be for the maximum amount of time
permitted under Section 4 of Article XIIIB of the
California Constitution.
35 36
SEC. 3. Conflicting Initiative Measures.

The people of the State of California hereby find and
declare:
(a) If this initiative measure and another initiative
measure or measures that raises or extends a managed
care organization provider tax to fund Medi-Cal
services, benefits, and coverage appear on the same
statewide election ballot, the other initiative measure or measures shall be deemed to be in conflict with this measure. If this initiative measure receives a greater
number of affirmative votes, the provisions of this
measure shall prevail in their entirety, and the
provisions of the other initiative measure or measures
shall be void.
(b) This act continues an existing tax on managed care
organization providers, a type of health care service
plan, that is used for the purpose of increasing
reimbursement rates or payments under the Medi-Cal
126 | Text of Proposed Laws
program. Initiative No. 21-0042 Amendment #1
exempts from the definition of “tax” a levy, charge, or exaction collected from local units of government,
health care providers, or health care service plans that is primarily used by the State of California for the
purposes of increasing reimbursement rates or
payments under the Medi-Cal program. Therefore, no
conflict exists between this act and Initiative
No. 21-0042 Amendment #1.
(c) This act does not alter, apply to, or address the
matters contained in Initiative No. 23-0021
Amendment #1. Therefore, no conflict exists between
this act and Initiative No. 23-0021 Amendment #1.

PROPOSITION 36
This initiative measure is submitted to the people in
accordance with the provisions of Section 8 of Article II of the California Constitution.

This initiative measure amends and adds sections to
the Health and Safety Code and the Penal Code, and
adds a section to the Government Code; therefore,
existing provisions proposed to be deleted are printed
in strikeout type and new provisions proposed to be
added are printed in italic type to indicate that they are new.

PROPOSED LAW

THE HOMELESSNESS, DRUG ADDICTION, AND

THEFT REDUCTION ACT
SECTION 1. Title.

This act shall be known as The Homelessness, Drug
Addiction, and Theft Reduction Act.

SEC. 2. Purposes and Intent.

This measure will reform laws that have dramatically
increased homelessness, drug addiction, and theft
throughout California.

This measure will:
(a) Provide drug and mental health treatment for
people who are addicted to hard drugs, including
fentanyl, cocaine, heroin, and methamphetamine.
(b) Add fentanyl to existing laws that prohibit the
possession of hard drugs while armed with a loaded
firearm.
(c) Add fentanyl to existing laws that prohibit the
trafficking of large quantities of hard drugs.
(d) Permit judges to use their discretion to sentence
drug dealers to state prison instead of county jail when they are convicted of trafficking hard drugs in large
quantities or are armed with a firearm while engaging in drug trafficking.
(e) Warn convicted hard drug dealers and
manufacturers that they can be charged with murder if
they continue to traffic in hard drugs and someone dies as a result.

Item # 9.

TEXT OF PROPOSED LAWS PROPOSITION 36 CONTINUED
(f) Reinstate penalties for hard drug dealers whose
trafficking kills or seriously injures a drug user.
(g) Increase penalties for people who repeatedly
engage in theft.
(h) Add new laws to address the increasing problem of
“smash and grab” thefts that result in significant losses and damage, or that are committed by multiple thieves
working together.

SEC. 3. Findings and Declarations.

The people of the State of California find and declare as follows:
(a) Reducing Homelessness Through Drug and Mental
Health Treatment
(1) California has reached a tipping point in its
homelessness, drug, mental health, and theft crises.

Our state has the highest rate of homelessness per
capita of any state in the country. And drug overdoses
now kill two to three times the number of people in
California as car accidents.
(2) Since the passage of Proposition 47 in 2014,
homelessness in California has increased by
51 percent, while during the same time period in the
rest of the country, it has declined by 11 percent.

Proposition 47 reduced the legal consequences of both
possession of hard drugs (fentanyl, cocaine, heroin,
methamphetamine, and phencyclidine), and theft. The
result has been massive increases in drug addiction,
mental illness, and property crimes, including retail
theft, committed by addicts to support their addiction.

At the same time, California has seen a dramatic
decrease in mental health and drug treatment for
homeless people due to reduced incentives to
participate in treatment. Our homelessness problem is
directly connected to these unintended consequences
of Proposition 47, which the voters now desire to
correct.
(3) Progressive states, including New Jersey,
Maryland, Illinois, and Michigan, have significantly
stronger hard drug laws than California, and their
homeless rate is 4 to 5 times lower than California’s.
(4) This proposal takes a modest step in the direction
of these states by enacting a new class of crime called a “treatment-mandated felony.” Under this new
“treatment-mandated felony,” prosecutors would have
the discretion to charge a felony for hard drug
possession after two previous drug convictions. If
charged with this “treatment-mandated felony” for a
third or subsequent drug offense, the offender would
be given the option of participating in drug and mental health treatment. If the offender successfully
completes drug and mental health treatment, the
charge would be fully expunged, and the offender
would receive no jail time. If the offender refuses drug and mental health treatment, they would serve jail time for hard drug possession. For a second conviction of
the treatment-mandated felony (the fourth total
conviction for hard drug possession), a judge would
have the option of imposing time in jail or state prison.

Along with hard drug and mental health treatment,
offenders charged with a treatment-mandated felony
would be offered shelter, job training, and other
services designed to break the cycle of addiction and
homelessness.
(b) Cracking Down on Hard Drug Dealers
(1) Fentanyl is the most dangerous drug that our
nation has ever seen. Because it is largely produced
synthetically, fentanyl is typically cheaper than other hard drugs. As a result, drug dealers now regularly
include fentanyl in other drugs, including diet, anxiety, and sleeping pills, cocaine, and heroin. Further,
fentanyl is up to 50 times stronger than heroin.

Therefore, a very tiny amount of fentanyl can prove
deadly. One kilogram (2.2 pounds) of fentanyl provides
enough of the drug to manufacture four to ten million
doses, or enough to kill 500,000 people. Finally,
because such a small amount of fentanyl is necessary
to create addiction, it is easier to smuggle across the border in smaller, yet much more deadly quantities.
(2) This act would authorize greater consequences for
hard drug dealers whose trafficking kills or seriously
injures a person who uses those drugs, and it would
provide a mechanism to warn convicted hard drug
dealers and manufacturers that they can be charged
with murder if they continue to traffic in hard drugs and someone dies as a result.
(3) This act would add nonprescription fentanyl to an
existing list of hard drugs, including heroin, cocaine, and methamphetamine, for which it is illegal to possess the drug while armed with a loaded firearm.
(4) This act would also add nonprescription fentanyl to an existing list of hard drugs, including heroin, cocaine, and methamphetamine, that authorizes greater
consequences for drug dealers who sell large quantities of hard drugs.
(5) This act also permits judges to sentence drug
dealers who traffic in large quantities of hard drugs or who are armed with a firearm while trafficking in hard
drugs to state prison instead of local county jails. Only our state prisons are equipped to manage security for
hardened drug dealers and to provide them the
rehabilitation services they need to safely reenter
society.
(c) Accountability for Repeat Theft and Smash and
Grab Thefts
(1) Prior to Proposition 47, individuals who repeatedly engaged in theft could be charged with a felony.

Prop. 47 eliminated this repeat offender felony and
instead provided that any theft up to $950 in value is
now a misdemeanor—regardless of how many times
the offender has committed theft. In practice, this
means that an offender who repeatedly steals up to
$950 in value faces virtually no legal consequences.
(2) The result has been an explosion in retail and cargo theft causing stores throughout California to close to
protect employees and customers from criminal activity
that disrupts the efficient delivery of products directly to consumers and creates billions of dollars in
economic losses to our local communities and state.

Text of Proposed Laws | 127
36

Item # 9.

TEXT OF PROPOSED LAWS PROPOSITION 36 CONTINUED
36 This rapid increase in retail and cargo theft has also contributed to rising inflation, as businesses have been forced to raise prices to account for their economic
losses. This retail and cargo theft explosion has collided with the fentanyl epidemic, as hard drug users have
engaged in brazen theft to support their drug habits,
knowing that there will be no consequences for either
their theft or their hard drug use.
(3) Under this act, an offender with two prior
convictions for theft can be charged with a felony,
regardless of the value of the stolen property. Diversion programs will continue to exist, meaning that judges
will retain discretion not to incarcerate an offender
even for more than two theft convictions. But
prosecutors will have the ability to bring felony charges against hardened, repeat offenders who continue to
engage in theft. Judges will have the discretion to
sentence a repeat offender to jail in appropriate cases, or to state prison if an offender is convicted four or
more times of theft.
(4) This act also authorizes judges to exercise their
discretion to impose an enhanced penalty when an
offender steals, damages, or destroys property by
acting together with two or more offenders or by
causing losses of $50,000 or more. By permitting
discretion in these scenarios, judges will be able to
fashion sentences that are appropriate for the crime
committed, including so-called “smash and grabs”
committed by mobs or large groups of people working
together.
(5) The value of property stolen in multiple thefts will be permitted to be added together so that in
appropriate cases an offender may be charged with
felony theft instead of petty theft. This provision
addresses the problem of offenders who commit a
series of thefts in which the property stolen during each theft has a value under the $950 felony theft threshold, in order to insulate themselves from felony charges.
(6) Along with the hard drug provisions in this act,
these theft law changes will stop the vicious cycle of
hard drug users stealing to support their habits without legal consequences for their actions.

SEC. 4. Section 11369 is added to the Health and
Safety Code, to read:
11369. (a) This section shall be known, and may be
cited, as Alexandra’s Law.
(b) The court shall advise a person who is convicted of, or who pleads guilty or no contest to, a violation of
Section 11351, 11351.5, 11352, 11378, 11378.5,
11379, 11379.5, or 11379.6 involving a hard drug, of
the following:
“You are hereby advised that it is extremely dangerous
and deadly to human life to illicitly manufacture,
distribute, sell, furnish, administer, or give away any drugs in any form, including real or counterfeit drugs or pills. You can kill someone by engaging in this conduct.

All drugs and counterfeit pills are dangerous to human
life. These substances alone, or mixed, kill human
beings in very small doses. If you illicitly manufacture, distribute, sell, furnish, administer, or give away any real or counterfeit drugs or pills, and that conduct
results in the death of a human being, you could be
charged with homicide, up to and including the crime of murder, within the meaning of Section 187 of the Penal
Code.”
(c) The advisory statement shall be provided to the
defendant in writing, either on a plea form, if used, as an addendum to a plea form, or at sentencing, and the
fact that the advisory was given shall be specified on
the record and recorded in the abstract of the
conviction.
(d) (1) Except as provided in paragraph (2), as used in this section, “hard drug” means a substance listed in
Section 11054 or 11055, including a substance
containing fentanyl, heroin, cocaine, cocaine base,
methamphetamine, or phencyclidine, and the analogs
of any of these substances as defined in Sections 11400 and 11401.
(2) As used in this section, “hard drug” does not include cannabis, cannabis products, peyote, lysergic acid
diethylamide (LSD), other psychedelic drugs, including
mescaline and psilocybin (mushrooms), any other
substance listed in subdivisions (d) and (e) of Section 11054, or, with the exception of methamphetamine,
any other substance listed in subdivision (d) of Section 11055.

SEC. 5. Section 11370.1 of the Health and Safety
Code is amended to read:
11370.1. (a) Notwithstanding Section 11350 or
11377 or any other provision of law, every person who
unlawfully possesses any amount of a substance
containing cocaine base, a substance containing
cocaine, a substance containing heroin, a substance
containing methamphetamine, a substance containing
fentanyl, a crystalline substance containing
phencyclidine, a liquid substance containing
phencyclidine, plant material containing phencyclidine, or a hand-rolled cigarette treated with phencyclidine
while armed with a loaded, operable firearm is guilty of a felony punishable by imprisonment in the state prison for two, three, or four years.
(b) Subdivision (a) does not apply to any person lawfully possessing fentanyl, including with a valid prescription. (c) As used in this subdivision (a), “armed with” means having available for immediate offensive or defensive
use.
(b) (d) Any person who is convicted under this section
shall be ineligible for diversion or deferred entry of
judgment under Chapter 2.5 (commencing with
Section 1000) of Title 6 of Part 2 of the Penal Code.

SEC. 6. Section 11370.4 of the Health and Safety
Code is amended to read:
11370.4. (a) (1) A person convicted of a violation of,
or of a conspiracy to violate, Section 11351, 11351.5,
or 11352 with respect to a substance containing
heroin, fentanyl, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, or cocaine as
128 | Text of Proposed Laws Page 183
Item # 9.

TEXT OF PROPOSED LAWS PROPOSITION 36 CONTINUED
specified in paragraph (6) of subdivision (b) of Section 11055, when the person knew of the substance’s
nature or character as a controlled substance, shall
receive an additional state prison term as follows:
(A) If the substance exceeds one kilogram by weight,
the person shall receive an additional term of three
years.
(B) If the substance exceeds four kilograms by weight,
the person shall receive an additional term of five years. (C) If the substance exceeds 10 kilograms by weight,
the person shall receive an additional term of 10 years. (D) If the substance exceeds 20 kilograms by weight,
the person shall receive an additional term of 15 years. (E) If the substance exceeds 40 kilograms by weight,
the person shall receive an additional term of 20 years. (F) If the substance exceeds 80 kilograms by weight,
the person shall receive an additional term of 25 years. (2) The conspiracy enhancements provided for in this
subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially
involved in the planning, direction, execution, or
financing of the underlying offense.
(b) (1) A person convicted of a violation of, or of
conspiracy to violate, Section 11378, 11378.5, 11379,
or 11379.5 with respect to a substance containing
methamphetamine, amphetamine, phencyclidine
(PCP) and its analogs shall receive an additional state prison term as follows:
(A) If the substance exceeds one kilogram by weight,
or 30 liters by liquid volume, the person shall receive an additional term of three years.
(B) If the substance exceeds four kilograms by weight,
or 100 liters by liquid volume, the person shall receive an additional term of five years.
(C) If the substance exceeds 10 kilograms by weight,
or 200 liters by liquid volume, the person shall receive an additional term of 10 years.
(D) If the substance exceeds 20 kilograms by weight,
or 400 liters by liquid volume, the person shall receive an additional term of 15 years.
(2) In computing the quantities involved in this
subdivision, plant or vegetable material seized shall not be included.
(3) The conspiracy enhancements provided for in this
subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially
involved in the planning, direction, execution, or
financing of the underlying offense.
(c) (1) A person convicted of a violation of, or of a
conspiracy to violate, Section 11351 or 11352 with
respect to a substance containing fentanyl shall receive an additional state prison term as follows:
(A) If the substance exceeds 28.35 grams (one ounce)
by weight, the person shall receive an additional term of three years.
(B) If the substance exceeds 100 grams by weight, the
person shall receive an additional term of five years.
(C) If the substance exceeds 500 grams by weight, the
person shall receive an additional term of seven years. (D) If the substance exceeds one kilogram by weight,
the person shall receive an additional term of 10 years. (E) If the substance exceeds four kilograms by weight,
the person shall receive an additional term of 13 years. (F) If the substance exceeds 10 kilograms by weight,
the person shall receive an additional term of 16 years. (G) If the substance exceeds 20 kilograms by weight,
the person shall receive an additional term of 19 years. (H) If the substance exceeds 40 kilograms by weight,
the person shall receive an additional term of 22 years. (I) If the substance exceeds 80 kilograms by weight,
the person shall receive an additional term of 25 years. (2) The conspiracy enhancements provided for in this
subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially
involved in the planning, direction, execution, or
financing of the underlying offense.
(c) (d) The additional terms provided in this section
shall not be imposed unless the allegation that the
weight of the substance containing heroin, fentanyl,
cocaine base as specified in paragraph (1) of
subdivision (f) of Section 11054, cocaine as specified
in paragraph (6) of subdivision (b) of Section 11055,
methamphetamine, amphetamine, or phencyclidine
(PCP) and its analogs exceeds the amounts provided in
this section is charged in the accusatory pleading and
admitted or found to be true by the trier of fact.
(e) Notwithstanding paragraph (9) of subdivision (h) of Section 1170 of the Penal Code, a defendant convicted
of an underlying violation specified in this section who admits an enhancement pursuant to this section or for
whom an enhancement pursuant to this section is
found true, is punishable by imprisonment in the state
prison and not pursuant to subdivision (h) of Section
1170 of the Penal Code.
(d) (f) The additional terms provided in this section
shall be in addition to any other punishment provided
by law.
(e) (g) Notwithstanding any other law, the court may
strike the additional punishment for the enhancements
provided in this section if the court determines that
there are circumstances in mitigation of the additional punishment and states on the record its reasons for
striking the additional punishment.
36 SEC. 7. Article 8 (commencing with Section 11395)
is added to Chapter 6 of Division 10 of the Health and
Safety Code, to read:

Article 8. Treatment-Mandated Felony
11395. (a) This article shall be known and cited as
the Treatment-Mandated Felony Act.
(b) (1) Notwithstanding any other law, and except as
provided in subdivision (d), a person described in
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36 subdivision (c) who possesses a hard drug, unless upon the written prescription of a physician, dentist,
podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment in a county
jail for not more than one year or pursuant to subdivision (h) of Section 1170 of the Penal Code. A second or
subsequent conviction of this section, is punishable by imprisonment in the county jail not exceeding one year
or by imprisonment in the state prison.
(2) A person shall not be sentenced to jail or prison
pursuant to this section unless a court determines that the person is not eligible or suitable for treatment or that any other circumstance described in paragraph (4)
of subdivision (d) applies to that person.
(c) Subdivision (b) applies to a person who has two or
more prior convictions for a felony or misdemeanor
violation of Section 11350, 11351, 11351.5, 11352,
11353, 11353.5, 11353.7, 11370.1, 11377, 11378,
11378.5, 11379, 11379.5, 11379.6, 11380, or 11395,
including a conviction that occurred before the effective date of this section. Prior convictions shall be alleged in the accusatory pleading, and either admitted by the
defendant in open court or found to be true by the trier of fact.
(d) (1) (A) In lieu of a jail or prison sentence, or a grant of probation with jail as a condition of probation, a
defendant charged with a violation of this section may
elect treatment by pleading guilty or no contest to a
violation of this section and admitting the alleged prior convictions, waiving time for sentencing and the
pronouncement of judgment, and agreeing to
participate in, and complete, a detailed treatment
program developed by a drug addiction expert and
approved by the court. A defendant’s plea of guilty or no contest shall not constitute a conviction for any purpose unless judgment is entered pursuant to paragraph (4)
for a violation of this section.
(B) Upon or subsequent to arraignment for a violation
of this section, and at the request or with the consent of the defendant or their attorney, the court shall order a drug addiction expert to conduct a substance abuse
and mental health evaluation of the defendant. The
expert shall submit a report of the evaluation to the
court and parties. The evaluation may be based on an
interview of the defendant or other individuals with
relevant knowledge and review of records the expert
deems appropriate, including medical records, criminal
history, prior treatment history, and records pertaining to the current offense. If the defendant participates in the interview, neither the defendant’s interview nor
evidence derived from the interview may be used
against the defendant at any subsequent trial for the
instant offense except for the purposes of impeachment
should the defendant testify inconsistently. The
evaluation shall detail the defendant’s drug abuse or
mental health issues, if any, so the court and parties
may better determine appropriate handling of the
defendant’s case.
(C) Concurrent with the order for a substance abuse
and mental health evaluation of the defendant, and with the defendant’s consent, the court shall also order that a case worker or other qualified individual determine
whether the defendant is eligible to receive Medi-Cal,
Medicare, or any other relevant benefits for any
programs or evaluations under this section. If the
defendant did not previously consent to an eligibility
determination at arraignment, the court shall order the eligibility determination upon and as a condition of the defendant’s agreement to participate in and complete a
treatment program as described in this subdivision.
(2) A treatment program may include, but is not limited to, drug treatment, mental health treatment, job
training, and any other conditions related to treatment or a successful outcome for the defendant that the
court finds appropriate. The court must hold regular
hearings to review the progress of the defendant. The
court shall make referrals to programs that provide
services at no cost to the participant and have been
deemed by the court, the drug addiction expert, and the parties to be credible and effective. A defendant may
also choose to pay for a program that is approved by the court.
(3) Upon the defendant’s successful completion of the
treatment program as specified in paragraph (2), the
positive recommendation of the treatment program,
and the motion of the defendant, prosecuting attorney,
the court, or the probation department, the court shall dismiss this charge against the defendant and the
provisions of Section 1000.4 of the Penal Code, as it
read on the effective date of this section, shall apply, including the provision that the arrest upon which the
defendant was deferred shall be deemed to have never
occurred. A dismissal based on the successful
completion of treatment shall not count as a conviction for any purpose, including for determining punishment
pursuant to subdivision (b).
(4) If at any time it appears that the defendant is
performing unsatisfactorily in the program, is not
benefiting from treatment, is not amenable to
treatment, has refused treatment, or has been
convicted of a crime that was committed since starting
treatment, the prosecuting attorney, the court on its
own, or the probation department may make a motion
for entry of judgment and sentencing. After notice to the defendant, the court shall hold a hearing to determine
whether judgment should be entered and the defendant
sentenced. Judgment shall be imposed and the
defendant sentenced if the court finds true one or more of the foregoing circumstances. However, except when
the defendant has been found to have been convicted
of a crime that was committed since starting treatment, the court may rerefer the defendant to treatment if the court finds that it is in the interest of justice to do so, that the defendant is currently amenable to treatment,
and if the defendant agrees to participate in, and
complete, a treatment program as described in this
section.
(5) For time spent in residential treatment, a defendant may earn only actual credits pursuant to Section 2900.5 of the Penal Code and shall not earn conduct credits
pursuant to Section 4019 of the Penal Code or any
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other provision. Time spent in any other type of program or counseling is not eligible for any credits.
(e) (1) Except as provided in paragraph (2), as used in this section, “hard drug” means a substance listed in
Section 11054 or 11055, including a substance
containing fentanyl, heroin, cocaine, cocaine base,
methamphetamine, or phencyclidine, and the analogs
of any of these substances as defined in Sections 11400 and 11401.
(2) As used in this section, “hard drug” does not include cannabis, cannabis products, peyote, lysergic acid
diethylamide (LSD), other psychedelic drugs, including
mescaline and psilocybin (mushrooms), any other
substance listed in subdivisions (d) and (e) of Section 11054, or, with the exception of methamphetamine,
any other substance listed in subdivision (d) of Section 11055.
(f) Upon an arrest for a violation of this section, the court shall require judicial review prior to release to make an individualized determination of risk to public
safety and likelihood to return to court.
(g) This section shall not be construed to preclude
prosecution or punishment pursuant to any other law.

SEC. 8. Section 490.3 is added to the Penal Code, to
read:
490.3. Notwithstanding any other law, in any case
involving one or more acts of theft or shoplifting,
including, but not limited to, violations of Sections
459.5, 484, 488, and 490.2, the value of property or
merchandise stolen may be aggregated into a single
count or charge, with the sum of the value of all property or merchandise being the values considered in
determining the degree of theft.

SEC. 9. Section 666.1 is added to the Penal Code, to
read:
666.1. (a) (1) Notwithstanding any other law, a
person who has two or more prior convictions for any of the offenses listed in paragraph (2), and who is
convicted of petty theft or shoplifting, is punishable by imprisonment in the county jail not exceeding one year
or pursuant to subdivision (h) of Section 1170. A second or subsequent conviction of this section is punishable
by imprisonment in the county jail not exceeding one
year or by imprisonment in the state prison.
(2) This section applies to the following offenses,
including a conviction that occurred before the effective date of this section:
(A) Petty theft, as described in Section 488 or 490.2.
(B) Grand theft, as described in Sections 487, 487h,
and in Chapter 5 (commencing with Section 484) of
Title 13 of Part 1.
(C) Theft from an elder or dependent adult, as
described in Section 368.
(D) The theft or unauthorized use of a vehicle, as
described in Section 10851 of the Vehicle Code.
(E) Burglary, as described in Section 459.
(F) Carjacking, as described in Section 215.
(G) Robbery, as described in Section 211.
(H) Receiving stolen property, as described in Section
496.
(I) Shoplifting, as described in Section 459.5.
(J) Identity theft and mail theft, as described in Section 530.5.
(b) A person subject to charging under this section or
actually charged with this section may be referred by a prosecuting attorney’s office or by a county probation
department to a theft diversion or deferred entry of
judgment program pursuant to Section 1001.81. lf
appropriate, a person admitted to such a program may
also be referred to a substance abuse treatment
program.
(c) Upon an arrest for a violation of this section, the court shall require judicial review prior to release to make an individualized determination of risk to public
safety and likelihood to return to court.
(d) This section shall not be construed to preclude
prosecution or punishment pursuant to any other law.

SEC. 10. Section 12022 of the Penal Code is
amended to read:
12022. (a) (1) Except as provided in subdivisions (c)
and (d), a person who is armed with a firearm in the
commission of a felony or attempted felony shall be
punished by an additional and consecutive term of
imprisonment pursuant to subdivision (h) of Section
1170 for one year, unless the arming is an element of
that offense. This additional term shall apply to a
person who is a principal in the commission of a felony or attempted felony if one or more of the principals is armed with a firearm, whether or not the person is
personally armed with a firearm.
(2) Except as provided in subdivision (c), and
notwithstanding subdivision (d), if the firearm is an
assault weapon, as defined in Section 30510 or 30515,
or a machinegun, as defined in Section 16880, or a .50
BMG rifle, as defined in Section 30530, the additional
and consecutive term described in this subdivision
shall be three years imprisonment pursuant to
subdivision (h) of Section 1170 whether or not the
arming is an element of the offense of which the person was convicted. The additional term provided in this
paragraph shall apply to any person who is a principal
in the commission of a felony or attempted felony if one or more of the principals is armed with an assault
weapon, machinegun, or a .50 BMG rifle, whether or
not the person is personally armed with an assault
weapon, machinegun, or a .50 BMG rifle.
36 (b) (1) A person who personally uses a deadly or
dangerous weapon in the commission of a felony or
attempted felony shall be punished by an additional
and consecutive term of imprisonment in the state
prison for one year, unless use of a deadly or dangerous weapon is an element of that offense.
(2) If the person described in paragraph (1) has been
convicted of carjacking or attempted carjacking, the
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36 additional term shall be in the state prison for one, two, or three years.
(3) When a person is found to have personally used a
deadly or dangerous weapon in the commission of a
felony or attempted felony as provided in this
subdivision and the weapon is owned by that person,
the court shall order that the weapon be deemed a
nuisance and disposed of in the manner provided in
Sections 18000 and 18005.
(c) (1) Notwithstanding the enhancement set forth in
subdivision (a), a person who is personally armed with a firearm in the commission of a violation or attempted
violation of Section 11351, 11351.5, 11352, 11366.5,
11366.6, 11378, 11378.5, 11379, 11379.5, or
11379.6 of the Health and Safety Code shall be
punished by an additional and consecutive term of
imprisonment in the state prison pursuant to
subdivision (h) of Section 1170 for three, four, or five years.
(2) Notwithstanding paragraph (9) of subdivision (h) of Section 1170 of the Penal Code, a defendant convicted
of an underlying violation specified in this subdivision who admits an enhancement pursuant to this
subdivision or for whom an enhancement pursuant to
this subdivision is found true, is punishable by
imprisonment in the state prison and not pursuant to
subdivision (h) of Section 1170 of the Penal Code.
(d) Notwithstanding the enhancement set forth in
subdivision (a), a person who is not personally armed
with a firearm who, knowing that another principal is
personally armed with a firearm, is a principal in the
commission of an offense or attempted offense
specified in subdivision (c), shall be punished by an
additional and consecutive term of imprisonment
pursuant to subdivision (h) of Section 1170 for one,
two, or three years.
(e) For purposes of imposing an enhancement under
Section 1170.1, the enhancements under this section
shall count as a single enhancement.
(f) Notwithstanding any other provision of law, the
court may strike the additional punishment for the
enhancements provided in subdivision (c) or (d) in an
unusual case where the interests of justice would best
be served, if the court specifies on the record and
enters into the minutes the circumstances indicating
that the interests of justice would best be served by
that disposition.

SEC. 11. Section 12022.6 is added to the Penal
Code, to read:
12022.6. (a) When any person takes, damages, or
destroys any property in the commission or attempted
commission of a felony, or commits a felony violation of Section 496, the court shall impose a term in addition
and consecutive to the punishment prescribed for the
felony or attempted felony of which the defendant has
been convicted, as follows:
(1) If the loss or property value exceeds fifty thousand dollars ($50,000), the court shall impose an additional term of one year.
(2) If the loss or property value exceeds two hundred
thousand dollars ($200,000), the court shall impose an
additional term of two years.
(3) If the loss or property value exceeds one million
dollars ($1,000,000), the court shall impose an
additional term of three years.
(4) If the loss or property value exceeds three million dollars ($3,000,000), the court shall impose an
additional term of four years.
(5) For every additional loss or property value of three million dollars ($3,000,000), the court shall impose a
term of one year in addition to the term specified in
paragraph (4).
(b) In any accusatory pleading involving multiple
charges of taking, damage, or destruction, or multiple
violations of Section 496, the additional terms provided in this section may be imposed if the aggregate losses
to the victims or aggregate property values from all
felonies exceed the amounts specified in this section
and arise from a common scheme or plan. All pleadings
under this section shall remain subject to the rules of joinder and severance stated in Section 954.
(c) The additional terms provided in this section shall not be imposed unless the facts relating to the amounts provided in this section are charged in the accusatory
pleading and admitted by the defendant or found to be
true by the trier of fact.
(d) Notwithstanding any other law, the court may
impose an enhancement pursuant to this section and
another section on a single count, including an
enhancement pursuant to Section 12022.65.

SEC. 12. Section 12022.65 is added to the Penal
Code, to read:
12022.65. (a) Any person who acts in concert with
two or more persons to take, attempt to take, damage,
or destroy any property, in the commission or attempted commission of a felony shall be punished by an
additional and consecutive term of imprisonment of
one, two, or three years.
(b) The additional term provided in this section shall
not be imposed unless the existence of the facts
required in subdivision (a) are charged in the accusatory pleading and admitted by the defendant or found to be
true by the trier of fact.
(c) Notwithstanding any other law, the court may
impose an enhancement pursuant to this section and
another section on a single count, including an
enhancement pursuant to Section 12022.6.

SEC. 13. Section 12022.7 of the Penal Code is
amended to read:
12022.7. (a) Any person who personally inflicts great
bodily injury on any person other than an accomplice in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of
imprisonment in the state prison for three years.
(b) Any person who personally inflicts great bodily
injury on any person other than an accomplice in the
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commission of a felony or attempted felony which
causes the victim to become comatose due to brain
injury or to suffer paralysis of a permanent nature shall be punished by an additional and consecutive term of
imprisonment in the state prison for five years. As used in this subdivision, “paralysis” means a major or
complete loss of motor function resulting from injury to the nervous system or to a muscular mechanism.
(c) Any person who personally inflicts great bodily
injury on a person who is 70 years of age or older, other than an accomplice, in the commission of a felony or
attempted felony shall be punished by an additional
and consecutive term of imprisonment in the state
prison for five years.
(d) Any person who personally inflicts great bodily
injury on a child under the age of five years in the
commission of a felony or attempted felony shall be
punished by an additional and consecutive term of
imprisonment in the state prison for four, five, or six years.
(e) Any person who personally inflicts great bodily
injury under circumstances involving domestic violence
in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of
imprisonment in the state prison for three, four, or five years. As used in this subdivision, “domestic violence” has the meaning provided in subdivision (b) of Section
13700.
(f) (1) As used in this section, “great bodily injury”
means a significant or substantial physical injury.
(2) As used in this section, a person who sells,
furnishes, administers, or gives away a controlled
substance is deemed to have personally inflicted great
bodily injury when the person to whom the substance
was sold, furnished, administered, or given suffers a
significant or substantial physical injury from using the substance.
(g) This section shall not apply to murder or
manslaughter or a violation of Section 451 or 452.

Subdivisions (a), (b), (c), and (d) shall not apply if
infliction of great bodily injury is an element of the
offense.
(h) The court shall impose the additional terms of
imprisonment under either subdivision (a), (b), (c), or (d), but may not impose more than one of those terms
for the same offense.

SEC. 14. Chapter 36 (commencing with Section
7599.200) is added to Division 7 of Title 1 of the
Government Code, to read:

CHAPTER 36. FUNDING FOR THE HOMELESSNESS,

DRUG ADDICTION, AND THEFT REDUCTION ACT
7599.200. (a) This chapter shall be known as the
Funding for the Homelessness, Drug Addiction, and
Theft Reduction Act.
(b) From moneys disbursed to the Board of State and
Community Corrections pursuant to paragraph (3) of
subdivision (a) of Section 7599.2 and Section 6046.2 of the Penal Code, the Board of State and Community
Corrections may allocate appropriate funds to counties
and local governments for programs specified in Section 11395 of the Health and Safety Code. This provision
shall not preclude funding for this act from any other
source, including, but not limited to, the Local Revenue Fund 2011 established under Section 30025 and other
funds designated for substance abuse and mental
health treatment.
(c) A defendant charged with a treatment-mandated
felony is eligible for any appropriate Medi-Cal or
Medicare programs or services, including, but not
limited to, those described in clauses (iii) to (v),
inclusive, of subparagraph (B) of paragraph (16) of
subdivision (f) of Section 30025, for the defendant’s
programs specified in Section 11395 of the Health and
Safety Code. A county or local government may contract
directly with the State Department of Health Care
Services or any other applicable state agency to provide for the provision or administration of any applicable
Medi-Cal or Medicare treatment programs.

SEC. 15. Amendments.
(a) Except as provided in subdivision (b), this act shall not be amended by the Legislature except by a statute
that furthers the purposes, intent, findings, and
declarations of the act and is passed in each house by
rollcall vote entered in the journal, two-thirds of the membership of each house concurring, or by a statute
that becomes effective only when approved by the
voters.
(b) The Legislature may, by majority vote, amend
Section 11369 of the Health and Safety Code only to
expand the list of drugs that qualify as a “hard drug”
and to expand the list of convictions to which it applies, and may, by majority vote, amend Section 11395 of the
Health and Safety Code only to expand the list of drugs that qualify as a “hard drug” and to expand the list of applicable prior convictions, and may, by majority vote, amend Section 666.1 of the Penal Code only to expand
the list of applicable prior convictions.

SEC. 16. Severability.

If any provision of this act, or any part of any provision, or the application of any provision or part to any person or circumstance is for any reason held to be invalid or unconstitutional, the remaining provisions and
applications of provisions shall not be affected, but
shall remain in full force and effect, and to this end the provisions of this act are severable.

SEC. 17. Conflicting Initiatives.
(a) This act creates a new drug treatment statute and
changes the penalties for career and serial thieves. In the event that this act and another initiative measure or measures relating to the same subject appear on the
same statewide ballot, the provisions of the other
measure or measures shall be deemed to be in conflict
with this measure. In the event this measure receives a greater number of affirmative votes than a measure
deemed to be in conflict with it, the provisions of this measure shall prevail in their entirety, and the
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36 provisions of the other measure or measures shall be conflicting ballot measure is later held invalid, this null and void. measure shall be self-executing and given full force and effect. (b) If this measure is approved by the voters but superseded by law by any other conflicting measure
approved by the voters at the same election, and the
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November 5, 2024 Ballot

PROPOSITION 36
Allows Felony Charges and Increases Sentences for Certain Drug and Theft Crimes. Initiative Statute.

ANALYSIS OF MEASURE

BACKGROUND
Punishment Depends on Seriousness of Crime and Criminal History Punishment for Felonies. A felony is the most serious type of crime. People can be sentenced to county jail or state prison for felonies, depending on the crime and their criminal history. In some cases, people can be supervised in the community by a county probation officer instead of serving some or all of their sentence in jail or prison. This is called county community supervision. The length of a sentence mostly depends on the crime. For example, murder can be punished by 15 years or more in prison. In contrast, selling drugs can be punished by up to five years in jail or prison, depending on the drug. Sentences can also be lengthened due to details of the crime. For example, sentences for selling certain drugs (such as fentanyl, heroin, cocaine, or methamphetamine) can be lengthened based on the amount sold.

Punishment for Misdemeanors. A misdemeanor is a less serious crime. Examples include assault and drug possession. People can be sentenced to county jail, county community supervision, and/or a fine for misdemeanors. Sentences can be up to one year in jail.

Proposition 47 Reduced Punishments for Some Theft and Drug Crimes In 2014, Proposition 47 changed some theft and drug crimes from felonies to misdemeanors.

For example, shoplifting (stealing items worth $950 or less from a store) and drug possession generally became misdemeanors.

PROPOSAL
Proposition 36 makes several key changes related to punishments for theft and drug crimes. First, it increases punishment for some of these crimes. Second, it creates a new treatment-focused court process for some drug possession crimes. Third, it requires courts to warn people convicted of selling or providing illegal drugs to others that they can be charged with murder if they keep doing so and someone dies.

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November 5, 2024 Ballot

Increases Punishment for Some Theft and Drug Crimes
Proposition 36 increases punishment for some theft and drug crimes in three ways:
• Turns Some Misdemeanors Into Felonies. For example, currently, theft of items worth $950 or less is generally a misdemeanor. Proposition 36 makes this crime a felony if the person has two or more past convictions for certain theft crimes (such as shoplifting, burglary, or carjacking). The sentence would be up to three years in county jail or state prison. These changes undo some of the punishment reductions in Proposition 47. • Lengthens Some Felony Sentences. For example, Proposition 36 allows felony sentences for theft or damage of property to be lengthened by up to three years if three or more people committed the crime together.
• Requires Some Felonies Be Served in Prison. For example, as discussed above, sentences for selling certain drugs (such as fentanyl, heroin, cocaine, or methamphetamine) can be lengthened based on the amount sold. Currently, these sentences are served in county jail or state prison depending on the person’s criminal history. Proposition 36 generally requires these sentences be served in prison.

Creates New Court Process for Some Drug Possession Crimes Proposition 36 allows people who possess illegal drugs to be charged with a “treatment-mandated felony,” instead of a misdemeanor, in some cases. Specifically, this applies to people who (1) possess certain drugs (such as fentanyl, heroin, cocaine, or methamphetamine) and (2) have two or more past convictions for some drug crimes (such as possessing or selling drugs). These people would generally get treatment, such as mental health or drug treatment. Those who finish treatment would have their charges dismissed. Those who do not finish treatment could serve up to three years in state prison. This change undoes some of the punishment reductions in Proposition 47.

Requires Warning of Possible Murder Charges for Selling or Providing Drugs Proposition 36 requires courts to warn people that they could be charged with murder if they sell or provide illegal drugs that kill someone. This warning would be given to people convicted of selling or providing certain drugs (such as fentanyl, heroin, cocaine, and methamphetamine). This could make it more likely for them to be convicted of murder if they later sell or provide illegal drugs to someone who dies.

FISCAL EFFECTS
Proposition 36 would have various fiscal effects on the state and local governments. The size of these effects would depend on uncertain factors, such as what decisions local prosecutors would make.

Increases State Criminal Justice Costs. Proposition 36 would increase state criminal justice costs in two main ways.
• Increase in State Prison Population. It would require some people who now serve their sentences at the county level to serve them in state prison. Also, it lengthens some prison sentences. In total, the prison population could increase by around a few thousand people. (There are about 90,000 people in prison now.)

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November 5, 2024 Ballot

• Increase in State Court Workload. This is because felonies usually take more time to resolve than misdemeanors. Also, treatment-mandated felonies would increase court workload.

In total, Proposition 36 would increase state criminal justice costs, likely ranging from several tens of millions of dollars to the low hundreds of millions of dollars each year (annually). This amount is less than one-half of 1 percent of the state’s total General Fund budget. (The General Fund is the account the state uses to pay for most public services, including education, health care, and prisons.)
Increases Local Criminal Justice Costs. Proposition 36 would increase local criminal justice costs in two main ways.
• Net Increase in County Jail and Community Supervision Population. In some ways, Proposition 36 would reduce the jail and community supervision population. This is because some people would go to state prison instead of the county level. In other ways, it would increase this population. This is because some people would spend more time in county jail or on community supervision. Overall, Proposition 36 likely would increase the county population. This increase could be around a few thousand people. (There are about 250,000 people at the county level now.) • Increase in Local Court-Related Workload. It would also increase workload for local prosecutors and public defenders. This is because felonies usually take more time to resolve than misdemeanors. Also, treatment-mandated felonies would create workload for some county agencies (such as probation or behavioral health departments).

In total, Proposition 36 would increase local criminal justice costs, likely by tens of millions of dollars annually.

Reduces Amount State Must Spend on Certain Services. Proposition 47 created a process in which the estimated state savings from its punishment reductions must be spent on mental health and drug treatment, school truancy and dropout prevention, and victim services. These estimated savings totaled $95 million last year. By undoing parts of Proposition 47, Proposition 36 reduces the state savings from Proposition 47. This would reduce the amount the state must spend on mental health and drug treatment, school truancy and dropout prevention, and victim services. This reduction likely would be in the low tens of millions of dollars annually.

Other Fiscal Impacts. Proposition 36 could have other fiscal effects on the state and local governments. For example, if the increased punishments or mandated treatment reduce crime, some state and local criminal justice costs could be avoided. However, it is unknown if these or other effects would occur.

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November 5, 2024 Ballot

YES/NO STATEMENT
A YES vote on this measure means: People convicted of certain drug or theft crimes could receive increased punishment, such as longer prison sentences. In certain cases, people who possess illegal drugs would be required to complete treatment or serve up to three years in prison.

A NO vote on this measure means: Punishment for drug and theft crimes would remain the same.

SUMMARY OF LEGISLATIVE ANALYST’S ESTIMATE OF NET STATE AND

LOCAL GOVERNMENT FISCAL IMPACT
• Increased state criminal justice costs, likely ranging from several tens of millions of dollars to the low hundreds of millions of dollars annually, primarily due to an increase in the prison population.
• Increased local criminal justice costs, likely in the tens of millions of dollars annually, primarily due to county jail, community supervision, and court-mandated mental health and drug treatment workload.

BALLOT LABEL
Fiscal Impact: State criminal justice costs likely ranging from several tens of millions of dollars to the low hundreds of millions of dollars annually. Local criminal justice costs likely in the tens of millions of dollars annually.

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BOARD OF SUPERVISORS
Lisa Swarthout
District 3 Supervisor
[email protected]
530.265.1480
Susan Hoek
District 4 Supervisor
[email protected]
530.265.1480
950 Maidu Avenue, Suite 200, PO Box 599002, Nevada City, CA 95959-7902 530.265.1480 | Fax: 530 265.9836 | toll free: 888.785.1480 | nevadacountyca.gov

NEVADA COUNTY BOARD OF SUPERVISORS

BOARD AGENDA MEMO
MEETING DATE: October 8, 2026
TO: Board of Supervisors
FROM: Supervisor Lisa Swarthout, District 3
Supervisor Susan Hoek, District 4
SUBJECT: Resolution supporting California Proposition 36, Allows Felony Charges and increases sentences for certain drug and theft crimes. Initiative Statute.

RECOMMENDATION: Adopt the attached Resolution.

FUNDING: N/A
BACKGROUND: California voters approved Proposition 47 in 2014, a prison reform ballot measure aimed at reducing state prison populations. The measure reclassified certain nonviolent crimes, such as drug possession and petty theft under $950, from felonies to misdemeanors. It also redirected savings from reduced incarceration to grant programs to support mental health and drug treatment, reduce truancy in K-12 education, and victim services.

Proposition 36 proposes to make several key changes to Prop 47’s 2014 reforms:

Proposition 47 Actions Proposition 36 Proposed Actions
 Reclassified certain drug
(including personal use) and
theft-related offenses where
property was under $950 as
misdemeanors (previously
felonies).
 Reclassifies certain drug offenses
(including fentanyl), and repeated
theft convictions where property
is under $950—as felonies
 Resentenced individuals already
serving sentences for felonies
 Establishes new felony
sentencing for certain crimes of

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2 (reclassified as Prop 47
misdemeanors), reducing their
prison time.
up to three years in county jail or
state prison, (lengthier if multiple
people involved and/or fentanyl,
heroin, cocaine, or
methamphetamine was involved).
 Redirected savings from
incarceration costs to mental
health and drug treatment
programs, reducing truancy, and
victim services.
 Creates new “treatmentmandated felony” which would
mandate convicted offenders get
mental health or drug treatment
(or face incarceration).
 For certain crimes, would require
that offenders serve their
sentences in a state prison, as
opposed to county jails
 Requires courts to warn people
they could be charged with
murder if they sell or provide
illegal drugs that result in
someone’s death.

Proposition 36 allows people who possess illegal drugs to be charged with a “treatment-mandated felony,” instead of a misdemeanor, in some cases. Specifically, this applies to people who (1) possess certain drugs (such as fentanyl, heroin, cocaine, or methamphetamine) and (2) have two or more past convictions for some drug crimes (such as possessing or selling drugs). These people would generally get treatment, such as mental health or drug treatment. Those who finish treatment would have their charges dismissed. Those who do not finish treatment could serve up to three years in state prison. This change undoes some of the punishment reductions in Proposition 47.

The California District Attorney Association sponsored Prop 36, citing concerns that Prop 47 led to fewer arrests and decreased accountability for theft. Property theft spiked during the COVID-19 pandemic, and the high visibility of retail theft including viral videos also fueled public sentiment there was insufficient accountability for these types of crimes. The initiative also seeks to provide criminal justice partners with a stronger “stick” to approach addressing the state’s fentanyl crisis. The Chief Probation Officers of California has taken a support position, along with the California State Sheriff’s Association. However, the California Public Defenders Association has taken an oppose position.

The initiative statute entitled “Homelessness, Drug Addiction, and Theft Reduction Act” was placed on the November ballot via the voter signature initiative process, with support from retail groups in California. It is important to note that the proposition does not include any specific provisions to address homelessness despite its title.

Nevada County District Attorney Jesse Wilson, and Nevada County Sheriff Shannan Moon, are in support of Proposition 36 and urge the Board to take a support position.

Moreover, the Nevada County Public Defender anticipates that a passage of Proposition 36 will increase costs throughout the criminal justice system, while

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3 decreasing resources at the same time and has raised concerns on its efficacy. The Public Defender anticipates due to an increase of caseloads, there may be a need for additional attorneys and staff support in order to meet its mandate.

The Legislative Analyst's Office (LAO) estimates that Prop 36 could cost the state and counties hundreds of millions of dollars annually due to increased prison and jail populations. In fact, the Legislature narrowly passed a prison bed-reduction bill AB 2178 (Ting) during the final week of session, noting that Prop 36 could reverse the LAO’s current projected trends showing 15,000 empty prison beds by 2025, and 19,000 by 2028. The measure would also reduce funding for Prop 47-supported grant programs, such as treatment and victim services, as fewer savings would be available from reduced incarceration. Additionally, there would be an unknown increased cost for courts, county jails, and community supervision services. While it is expected that the fiscal impact to Nevada County may be minimal, it remains unknown to what extent the actual impact will have on the County and its services, notably on the Sheriff, District Attorney, Behavioral Health (via Drug Court), Probation and the Public Defender’s Office.

Despite concerns on unknown increased costs, we believe that Proposition 36 is needed to help address the continued crime that was exacerbated by the passage of Proposition 47 that hamstrung law enforcement’s ability to do their job and protect the community. Therefore, in an effort to help further mitigate the unintended consequences created by Prop 47 that reclassified certain felonies to a misdemeanor that has created major challenges for law enforcement officials to curb crime, we recommend the Board adopt the attached Resolution supporting California Proposition

36. Sincerely,
Supervisor Lisa Swarthout Supervisor Susan Hoek
District 3 District 4

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