Honorable Mayor and Members of the Hermosa Beach City Council
Special Meeting of May 15, 2024
Title
CONSIDERATION OF A RESOLUTION EXPRESSING
SUPPORT FOR ASSEMBLY BILL 2309 (MURATSUCHI AND PACHECO)
(Deputy City Manager Angela Crespi)
Body
Recommended Action:
Recommendation
Staff recommends City Council consider adopting by title a resolution of the City Council of the City of Hermosa Beach expressing support for Assembly Bill 2309 (Attachment 1).
Body
Executive Summary:
The City of Hermosa Beach regularly expresses its support or opposition regarding legislative matters that would have an impact on the City or region. The City of Manhattan Beach is sponsoring a legislative measure to revise state law, which would allow cities to prosecute misdemeanors. Current law requires cities to first obtain permission of the county District Attorney in order to prosecute misdemeanors locally. Assembly Bill 2309, introduced by Assemblymembers Al Muratsuchi and Blanca Pacheco, removes the consent requirement and authorizes the city attorney of any general law or chartered city to prosecute misdemeanors committed within the city. Staff presents the following for Council to consider adoption of a resolution expressing support for Assembly Bill 2309.
Background:
The legislature of the State of California each year proposes, passes, and signs into law various bills addressing a range of public safety issues. Local municipalities are looking at ways to prosecute state misdemeanors following the new District Attorney’s directives limiting prosecution of certain misdemeanors. The State of California’s Government Code requires consent from the District Attorney to do so. Government Code Section 41803.5 states that:
“With the consent of the district attorney of the county, the city attorney of any general law city or chartered city within the county may prosecute any misdemeanor committed within the city arising out of violation of state law.”
In response to local municipalities’ desire to have greater prosecutorial judgement over misdemeanors committed in their jurisdictions, Assemblymember Al Muratsuchi and Assemblymember Blanca Pacheco introduced Assembly Bill (AB) 2309, which would remove the consent requirement and, instead, authorize the city attorney of any general law city or chartered city to prosecute any misdemeanor committed within the city arising out of violation of state law.
Since 2014, the City of Hermosa Beach has contracted with the City of Redondo Beach for prosecutorial services in order to prosecute misdemeanors in a manner that reflects local community priorities. The City of Manhattan Beach requested consent from the Los Angeles County District Attorney's Office in order to contract with the City of Redondo Beach for prosecutorial services. The request was denied. Assembly Bill 2309, if passed, would remove the consent requirement needed from the District Attorney’s Office.
Discussion:
Assembly Bill 2309
On February 12, 2024, Assemblymembers Muratsuchi and Pacheco introduced Assembly Bill 2309, which proposes to remove the consent requirement and, instead, authorizes the attorney of any general law city of chartered city to prosecute any misdemeanor committed within the city arising out of violation of state law; provided that the legislative body of the city passes an ordinance granting that prosecutorial authority to the city attorney.
Cities possess a unique understanding of the public safety challenges within their jurisdictions. However, in California, many cities do not have the ability to prosecute their own misdemeanors and must report to their county district attorney’s office if a city attorney does not have consent to prosecute misdemeanors. AB 2309 empowers cities and restores autonomy to local governments by allowing city attorneys to prosecute state misdemeanors and respond swiftly and appropriately to the public safety challenges they face.
Staff recommends City Council consider adopting by title a resolution (Attachment 1) of the City Council of the City of Hermosa Beach expressing support for Assembly Bill 2309.
General Plan Consistency:
This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below.
Governance Element
Goal 4. A leader and partner in the region.
Policies:
• 4.1 Regional governance. Play an active role in the South Bay Cities Council of Governments, the Southern California Association of Governments and other regional agencies to protect and promote the interests of the City.
• 4.3 Collaboration with adjacent jurisdictions. Maintain strong collaborative relationships with adjacent jurisdictions and work together on projects of mutual interest and concern.
Fiscal Impact:
There is no fiscal impact to the City associated with the recommended action.
Attachments:
1. Draft Resolution
2. Assembly Bill 2309
Respectfully Submitted by: Leo Zalyan, Management Analyst
Concur: Angela Crespi, Deputy City Manager
Noted for Fiscal Impact: Viki Copeland, Finance Director
Legal Review: Patrick Donegan, City Attorney
Approved: Suja Lowenthal, City Manager