The URL can be used to link to this page

Home My WebLink About08 - Opposing Senate Bill No. 1464Q �EwPpRT c 9C /FOR CITY OF NEWPORT BEACH City Council Staff Report TO: FROM: PREPARED BY: PHONE: TITLE: ABSTRACT: April 26, 2022 Agenda Item No. 8 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Jon Lewis, Chief of Police - 949-644-3701, jlewis@nbpd.org Jon Lewis, Chief of Police, jlewis@nbpd.org 949-644-3701 Resolution No. 2022-25: Opposing Senate Bill No. 1464 At its April 12, 2022 meeting, the City Council voted 7-0, via a straw poll, in favor of staff bringing forward a resolution for the Council's consideration to oppose Senate Bill No. 1464, which would compel local law enforcement agencies to enforce public health orders that may be unconstitutional. If Senate Bill 1464 becomes law, the refusal by a law enforcement agency to enforce a public health order, or to prioritize public health orders over more violent or serious crimes against the public, could result in law enforcement agencies losing funding from the State of California (State). RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2022-25, A Resolution of the City Council of the City of Newport Beach, California, Opposing Senate Bill No. 1464, which Compels Law Enforcement to Enforce Health Orders that may be Unconstitutional. DISCUSSION: At the request of Council member Will O'Neill, at the April 12, 2022 City Council meeting, the City Council considered placing a resolution on a future agenda that, if adopted, would express the Council's opposition to Senate Bill 1464. The City Council voted unanimously, via a straw poll, in favor of staff bringing forward a resolution for the Council's consideration. Existing law currently authorizes each peace officer of every political subdivision of the county to enforce within the area subject to their jurisdiction all orders of the State Department of Health, or of the local health officer, issued for the purpose of preventing the spread of any contagious, infectious, or communicable disease. 8-1 Resolution No. 2022-25: Opposing Senate Bill No. 1464 April 26, 2022 Page 2 Senate Bill No. 1464 would instead require peace officers to enforce those orders, which may be unconstitutional (South Bay United Pentecostal Church, et al., v. Newsom [2021 ] 592 U.S. _). By expanding the duties of local law enforcement, this bill would create a state -mandated local program. The bill would additionally prohibit state funds from being provided to any law enforcement agency that publicly announces that it will oppose, or adopts a policy to oppose, a public health order. This bill would, if funds are withheld, require those funds to instead be reallocated to the county public health department of the county in which the law enforcement agency operates for public health purposes. A state -mandated program that compels local law enforcement to enforce public health orders, that may be unconstitutional, hinders local law enforcement's ability to utilize discretion when allocating valuable police resources to more violent and serious crimes. FISCAL IMPACT: Failing to prioritize public health orders could result in local law enforcement agencies losing funding necessary to protect and serve the public. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action 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. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: Attachment A — Resolution No. 2022-25 8-2 ATTACHMENT A RESOLUTION NO. 2022- 25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, OPPOSING SENATE BILL NO. 1464, WHICH COMPELS LAW ENFORCEMENT TO ENFORCE HEALTH ORDERS THAT MAY BE UNCONSTITUTIONAL WHEREAS, Senate Bill No. 1464 compels local law enforcement to enforce public health orders that may be unconstitutional (see, e.g., South Bay United Pentecostal Church, et al., v. Newsom [2021] 592 U.S. __) and to prioritize enforcement of public health orders over more violent or serious crimes against the public; WHEREAS, local law enforcement has an obligation to comply with the constitution and needs discretion to enforce laws to best protect and serve the public; WHEREAS, if Senate Bill No. 1464 becomes law, the refusal by a law enforcement agency to enforce a public health order that may be unconstitutional or to prioritize public health orders over more violent or serious crimes against the public could result in law enforcement agencies losing funding from the State of California; and WHEREAS, the City of Newport Beach does not want any local law enforcement agency to lose funding necessary to protect the public. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby oppose the State of California's Senate Bill No. 1464. Section 2: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 3: 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. 2022 - Page 2 of 2 Section 4: The City Council finds 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, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 5: 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 26th day of April, 2022. Kevin Muldoon Mayor ATTEST: Leilani i. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney RM