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HomeMy WebLinkAbout2016-117 - Opposing California Proposition 57 (The California Parole for Non-Violent Criminals and Juvenile Court Trail Requirements Initiative)RESOLUTION NO. 2016-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, OPPOSING CALIFORNIA PROPOSITION 57 (THE CALIFORNIA PAROLE FOR NON-VIOLENT CRIMINALS AND JUVENILE COURT TRIAL REQUIREMENTS INITIATIVE) WHEREAS, the City Council of the City of Newport Beach believes the safety of the community is paramount in developing and maintaining a community where residents, businesses, and visitors can thrive; WHEREAS, the City Council believes the State of California's (State) efforts to reduce prison overcrowding may be ill-advised when funding and programs for job training, education, recovery from substance abuse, and other rehabilitative programs are inadequate; WHEREAS, the community of Newport Beach sees too many offenses created by offenders released under Proposition 47 and previous State prison realignment programs; WHEREAS, Proposition 57 deems certain heinous crimes as "non-violent," and makes the perpetrators eligible for early parole and release into local communities; crimes that include, but are not limited to, rape by intoxication, rape of an unconscious person, drive by shootings, hostage taking, arson, and lewd acts against a child 14 or 15; and WHEREAS, the City Council believes that additional releases via Proposition 57, especially as they may relate to criminals who have committed terrible crimes, are likely to be harmful to our community and our community's quality of life. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council of the City of Newport Beach joins law enforcement officials and community leaders throughout the State in opposing Proposition 57. Section 2: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Resolution No. 2016-117 Page 2 of 2 Section 3: Staff recommends the City Council find the adoption of this resolution is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 4: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 25th day of October, 2016. ATTEST: MVV L Leilani I. Brown, t'ity Clerk APPROVED AS TO FORM: CITY ATT -RT1 -YDS OFFICE J Aaron C. Harp, City Attorney ian4ixon, r STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2016-117 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 25th day of October, 2016, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 26th day of October, 2016. Leilani I. Brown, MMC City Clerk Newport Beach, California (Sean