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HomeMy WebLinkAboutAttachmentCITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 7, 2014 AGENDA ITEM NO. ITEM TITLE: 1 Resolution of the City Council of the City of National City opposing Proposition 47, also known as the "The Safe Neighborhoods and Schools Act". PREPARED BY: (Captain David Espiritu PHONE: 1336-440 EXPLANATION: DEPARTMENT: Police D partment APPROVED BY: Cr�,,%z Proposition 47 has qualified for the November 4, 2014 Statewide General Election and the proponents of this measure concede that Proposition 47 will make up to 10,000 felons eligible for early release. With the implementation of Public Safety Realignment in 2011, which altered sentencing policy by shifting all newly convicted non-violent, non -serious, non -sex offenders to county supervision, there is currently a significantly diminished population of non-violent offenders in California's prisons, and there is a legitimate questions to how many of the 10,000 inmates eligible for early release could be classified as high -risk for committing subsequent violent offenses. Proposition 47 contains provisions which would reduce penalties for stealing a gun, commercial burglary, identify theft, possession of controlled substances, including date rape drugs, from felonies to misdemeanors. Proposition 47 hurts local businesses by making retail theft a misdemeanor and provides no direct funding to law enforcement toward goals for reducing crime and victimization. Proposition 47 is opposed by the California State Association of Counties (CSAC), the California State Sheriff's Association, the California Police Chief's Association, the California District Attorney's Association and the League of California Cites. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. 1 APPROVED: IN/Ai ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Oppose Proposition 47 on the November 4, 2014 ballot BOARD ! COMMISSION RECOMMENDATION: N/AI ATTACHMENTS: Attorney General Summary League of Cities Position Proposition 47 language County of San Diego Agenda Item, Chief's Memorandum -0-- CALIFORNIA --S* NATII_ONAL CfTy �- [NCORPORA?E� NATIONAL CITY POLICE DEPARTMENT MEMORANDUM DATE: September 24, 2014 TO: Leslie Deese, City Manager FROM: Manuel Rodriguez, Chief of Police SUBJECT: Opposition to Proposition 47 (The Safe Neighborhood and Schools Act) Summary The California Police Chief's Association and the League of California Cities are opposing Proposition 47, also known as 'The Safe Neighborhoods and Schools Act." Cities have been asked to join the no on Proposition 47 by passing resolutions and thus informing voters about this ill-conceived proposition. While the intent of this act is well intentioned, in that it alters sentencing of low- level nonviolent crimes such as drug possession and petty theft from felonies to misdemeanors it has the consequence of reducing accountability when 'date rape' drugs are used and dangerous weapons stolen. Background According to The California Police Chief's Association, Proposition 47 is not a responsible long-term solution to California's overcrowded criminal justice system. There is nothing progressive about disincentivizing rehabilitation, reducing the penalties for the possession of predatory drugs and downgrading the theft of a firearm to a misdemeanor. This poorly drafted initiative opens the doors for the early release of up to 10,000 felons from state prison, all of whom have committed serious and/ or violent crimes. Proposition 47 not only reduces the penalty for personal drug possession, it also decreases the penalty for the possession of predatory "date rape" drugs such as rohypnol, ketamine, and GHB. 1200 National City Boulevard National City, CA 91950 (619) 336-4511/Fax (619) 336-4525 �-- CALIFORNIA .= NATIONAL -£I "y 7NCORpoBAT o Prop 47 provides sexual predators in possession of date rape drugs with a "get out of jail free" card; regardless of how many times a predator is caught with date rape drugs. o There are no "petty" criminals in our prison system anymore, nor is anyone in California incarcerated for simple drug possession. o Possession of marijuana is an infraction in California, punishable by a fine of no more than $100. No one is incarcerated for personal possession of marijuana under California law. o When it comes to simple drug possession, California is committed to rehabilitation and treatment, not incarceration ■ Proposition 36 (2010) Proposition 47 would redefine grand theft in such a way that any theft, including the theft of a firearm, would only be considered a felony if the value of the object is $950 or more. o Law enforcement does not have the ability to determine if a person is in possession of a firearm if that firearm has been obtained by illegal means. o This shortcoming would effectively deteriorate years of California policymaking aimed at reducing gun violence. Conclusion Prop 47 does not advance California and its passage would not be responsible for keeping low-level offenders out of our state prison system. Reducing the penalties for crimes such as possession of predatory drugs and the theft of a firearm is not a responsible, sustainable, or realistic approach to addressing prison overcrowding. Cities and counties are urged to take a stand against Proposition 47. Please call me a 619- 36-4510 with any questions. MANODRIGUEZ 1200 National City Boulevard National City, CA 91950 (619) 336-4511/Fax (619) 336-4525 February 14, 2014 Initiative 13-0060 The Attorney General of California has prepared the following title and summary of the chief purpose and points of the proposed measure: CRLMINAL SENTENCES. MISDEMEANOR PENALTIES. INITIATIVE STATUTE. Requires misdemeanor sentence instead of felony for petty theft, receiving stolen property, and forging/writing bad checks when value or amount involved is $950 or less. Requires misdemeanor sentence instead of felony for certain drug possession offenses. Allows felony sentence for these offenses if person has previous conviction for crimes such as rape, murder or child molestation or is a registered sex offender. Requires resentencing for persons serving felony sentences for these offenses unless court finds unreasonable public safety risk. Applies savings to mental health and drug treatment programs, K-12 schools, and crime victims. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Net state criminal justice system savings that could reach the low hundreds of millions of dollars annually, which would be spent on truancy prevention, mental health and substance abuse treatment, and victim services. Net county criminal justice system savings that could reach the low hundreds of millions of dollars annually. (13-0060.) League Takes Official Positions on Four Upcoming November Ballot Measures Sample Resolutions For Cities Attached September 22, 2014 The League has taken positions on four of the six ballot measures on the 2014 November general election ballot. In order for the League to take a position on a proposition, it must first qualify for a general election ballot, followed by the League board of directors approving the proposed position by a two-thirds vote. The following list contains brief description of the four ballot measures the League has taken positions on. In addition, sample position resolutions are provided below for cities to use should they choose to take a formal position on a specific measure. Proposition 1: Water Quality, Supply, and Infrastructure Improvement Act of 2014 Upon approval of voters, Prop. 1 would provide a total of $7.545 billion in bond funding for water related projects such as water conservation, groundwater recharge, stormwater capture and reuse/Clean Water Act Compliance, watershed restoration, water storage and conveyance and water recycling and reuse. The $7.545 billion in funding would come from the issuance of $7.12 billion in new general obligation (GO) bonds and the reallocation of $425 million in existing bond funds previously approved by voters. Funding for water projects would be subject to the following breakdown: Clean, Safe, and Reliable Drinking Water: $520 million • $260 million deposit in the State Water Pollution Control Revolving Fund Small Community Grant Fund for grants for wastewater treatment projects. Priority shall be given to projects that serve disadvantaged communities and severely disadvantaged communities, and to projects that address public health hazards. • $260 million for grants and loans for public water system infrastructure improvements to meet safe drinking water standards, ensure affordable drinking water, or both. Priority shall be given to projects that provide treatment for contamination or access to an alternate drinking water source or sources for small community water systems or state small water systems in disadvantaged communities whose drinking water source is impaired by chemical and nitrate contaminants and other health hazards. Protecting River, Lakes, Streams, Coastal Waters, and Watersheds: S1.495 billion • *$327.5 million for Conservancies to fund projects that restore, enhance, and protect watersheds. • *$100 million to protect and enhance urban creeks. • *$20 million shall be made available for a competitive program to fund multi -benefit watershed and urban rivers enhancement projects in urban watersheds that increase regional and local water self-sufficiency and that meet at least two of the following objectives: o Promote groundwater recharge and water reuse. o Reduce energy consumption. o Use soils, plants, and natural processes to treat runoff. o Create or restore native habitat. o Increase regional and local resiliency and adaptability to climate change. o At least 25 percent of the funds available pursuant to this section shall be allocated for projects that benefit disadvantaged communities. Up to 10 percent of the funds available pursuant to this section may be allocated for project planning. • $87 million to the Department of Fish and Wildlife for water quality, ecosystem restoration, and fish protection facilities that benefit the Delta. Regional Water Security, Climate, and Drought Preparedness: $810 million • *$510 million for hydrologic regions identified in the Water Action Plan for regional self-reliance security; grants and loans for projects included in an IRWM plan. • *$100 million for grants and loans for water conservation and efficiency plans, projects, and programs. • *$200 million for grants for multi -benefit stormwater management projects. Statewide Water System Operational Improvement and Drought Preparedness: $2.7 billion • *$2.7 billion for surface and subsurface water storage. • *Funds are continuously appropriated. Water Recycling: $725 million • *$725 million for grants and loans for water recycling and advanced treatment projects. Groundwater Sustainability: $900 million • *$720 million for competitive grants, and loans for, projects to prevent or clean up the contamination of groundwater that serves or has served as a source of drinking water. Funds may also be used for projects necessary to protect public health by preventing or reducing the contamination of groundwater that serves or has served as a major source of drinking water for a community. • *$80 million for grants for treatment and remediation activities that prevent or reduce the contamination of groundwater that serves as a source of drinking water. • *$100 million of grants for projects that develop and implement groundwater plans. Flood Management: $395 million • $295 million to reduce the risk of levee failure and flood in the Delta. * Indicates consistency with League water bond priorities. League Position: Support Many of the funding provisions outlined in Prop. 1 are consistent with water bond priorities developed by the League's Water Bond Task Force. The League supports this bipartisan proposal because it would provide financial support to help local communities provide reliable and clean drinking water. • Sample City Resolution Proposition 2: Rainy Day Budget Stabilization Fund Act The measure establishes new state budget reserve fund requirements and policies and was approved by the Legislature on May 15, 2014, with strong bipartisan support. In conjunction with this action, the Legislature removed ACA 4 of 2009 from the November ballot, a previously adopted state reserve fund proposal that had not yet been submitted to the voters. Specifically, the measure: • Requires 1.5 percent of general fund (GF) revenues to be placed annually into a reserve fund called the Budget Stabilization Account (BSA). Caps the reserve at no more than 10 percent of GF revenues, and requires any additional contributions to be spent on infrastructure. • Directs 50 percent of funds, that would have otherwise been deposited into the BSA to pay down any of the following through FY 2029-2030: o Previous Prop. 98 school obligations; o Previous budgetary loans; o Local mandates owed pre FY 2004-05; or o Supplemental payments to reduce pension and benefit liabilities. • Allows for budget reserve withdrawals or deposit suspensions following a gubernatorial finding of a "budget emergency." • Creates a Prop. 98 reserve where capital gains revenues exceeding 8 percent of GF revenues (that are allocated to the Prop. 98 guarantee) can be placed into a reserve fund. Increases in funding related to capital gains would be retained for future years of decline. Deposits would be made after required increases in enrollment growth and cost -of -living and once the current maintenance factor was paid. League Position: Support The League believes Prop. 44 will bring more stability to the state's finances and supports the measure's key principles of fiscal discipline, debt repayment and saving in preparation for the next economic downturn. • Sample City Resolution Proposition 46: Troy and Alana Pack Patient Safety Act of 2014 In response to ever-increasing medical liability costs, the Governor signed the Medical Injury Compensation Reform Act (MICRA) in 1975 to cap medical malpractice damages. Under MICRA, noneconomic damages (pain and suffering, emotional distress) are capped at $250,000, while economic damages (medical costs, lost wages, and lifetime earning potential) are unlimited. Prop. 46 seeks to repeal the cap and increase the state's medical malpractice damage limits. The nonpartisan Legislative Analyst Office (LAO) predicts that state and local government health care costs would increase "likely ranging from the tens of millions of dollars to several hundred million dollars annually" if the cap were to increase as proposed. Specifically, the measure: • Adjusts the current $250,000 cap on noneconomic damages for inflation, which, according to LAO, would bring the new cap to $1.1 million; • Requires reporting of suspected physician drug or alcohol impairment or failure to follow appropriate standard of care; • Requires hospitals to conduct alcohol and drug testing on physicians; and • Requires health care practitioners and pharmacists to consult the Controlled Substance Utilization and Review Evaluation System (CURES). CURES are an electronic monitoring system for the prescribing and dispensing of specific controlled substances. It is monitored by the California State Department of Justice and is intended to curb prescription drug abuse. League Position: Oppose While the measure contains other provisions of undeniable merit, the League opposes the significant cost increases local governments may incur due to increased medical liability costs resulting from repealing the MICRA cap. • Sample City Resolution Proposition 47: Safe Neighborhoods and Schools Act This measure seeks to enact the significant changes in sentencing policy and direct any resulting state savings to support mental health and substance abuse treatment (65 percent), truancy and drop -out prevention (25 percent), and victim services (10 percent). Specifically, the measure would: • Reduce sentencing penalties for specified non -serious and non-violent drug and property crimes. Specifically, it would direct that the following offenses be treated as misdemeanors, in most instances irrespective of the circumstances: o Commercial Burglary • Entering a commercial establishment during business hours with intent to commit larceny of property not exceeding $950 will no longer be deemed commercial burglary. Instead, it will be defined as shoplifting, which is a misdemeanor. o Forgery • Under current law, forgery can be charged as a felony or misdemeanor (known as a "wobbler") but Prop. 47 will re -define it to be a misdemeanor if the defendant is forging a financial instrument that does not exceed $950.00 in value. As drafted, Prop. 47 would provide that even if the person has forged multiple documents whose total value exceeded $950.00, that individual could only be charged with a misdemeanor, so long as no individual financial instrument exceeded the threshold. o Passing Bad Checks • Current law provides that the current threshold for felony prosecution for this offense is $450.00, but Prop. 47 would increase this threshold to $950.00. Current law provides that one prior conviction of this offense would trigger a felony charge on the second offense; but Prop. 47 requires three prior convictions for similar offenses. o Grand Theft • The provisions pertaining to grand theft will reduce the theft of all personal property, including all but the most exotic handguns, to a misdemeanor, ushering in a major change in current criminal justice policy. Prop. 47 states that all theft of property less than $950.00 in value shall be a misdemeanor offense. o Receipt of Stolen Property • Under current law, receipt of stolen property is a felony/misdemeanor wobbler, with district attorneys granted discretion on how to charge the offense if the value of the property did not exceed $950.00 — however Prop. 47 defines all such cases under $950.00 to be misdemeanors. o Petty Theft with a Prior Offense • Under current law, a defendant with more than three prior offenses for theft could be charged with a felony if charged with the offense a fourth time. Under Prop. 47, felony penalties only apply if the person had been previously convicted of a serious or violent felony and had a theft -related related prior. o Drug Possession • Under Prop. 47, all drug possession cases will be reduced to misdemeanors. District attorneys would be stripped of discretion about whether to charge such offenses as felonies. This provision does not distinguish between "simple possession" and "possession for sale" — despite the fact that there can be a quantum difference in the amounts of a controlled substance involved between those two offenses. Prop. 47 makes THE SAFE NEIGHBORHOODS AND SCHOOLS ACT SECTION ONE. Title. This Act shall be known as "the Safe Neighborhoods and Schools Act." SECTION TWO. Findings and Declarations. The people of the State of California find and declare as follows: The People enact the Safe Neighborhoods and Schools Act to ensure that prison spending is focused on violent and serious offenses, maximize alternatives for non - serious, nonviolent crime, and invest the savings generated from this Act into prevention and support programs in K-12 schools, victim services, and mental health and drug treatment. This Act ensures that sentences for people convicted of dangerous crimes like rape, murder, and child molestation are not changed. SECTION THREE. Purpose and Intent. In enacting this Act, it is the purpose and intent of the people of the State of California to: (1) Ensure that people convicted of murder, rape, and child molestation will not benefit from this Act. (2) Create the Safe Neighborhoods and Schools Fund with 25% of the funds to be provided to the Department of Education for crime prevention and support programs in K-12 schools, 10% of the funds for trauma recovery services for crime victims, and 65% of the funds for mental health and substance abuse treatment programs to reduce recidivism of people in the justice system. (3) Require misdemeanors instead of felonies for non -serious, nonviolent crimes like petty theft and drug possession, unless the defendant has prior convictions for specified violent or serious crimes. (4) Authorize consideration of resentencing for anyone who is currently serving a sentence for any of the offenses listed herein that are now misdemeanors. (5) Require a thorough review of criminal history and risk assessment of any individuals before resentencing to ensure that they do not pose a risk to public safety. (6) This measure will save significant state corrections dollars on an annual basis. 1 Preliminary estimates range from $150 million to $250 million per year. This measure will increase investments in programs that reduce crime and improve public safety, such as prevention programs in K-12 schools, victim services, and mental health and drug treatment, which will reduce future expenditures for corrections. SECTION FOUR. Chapter 33 (commencing with Section 7599) is added to Division 7 of Title 1 of the Government Code, to read: Chapter 33. Creation of Safe Neighborhoods and Schools Fund 7599. (a) A fund to be known as the "Safe Neighborhoods and Schools Fund" is hereby created within the State Treasury and, notwithstanding Government Code section 13340, is continuously appropriated without regard for fiscal year for carrying out the purposes of this chapter. (b) For purposes of the calculations required by Section 8 of Article XVI of the California Constitution, funds transferred to the Safe Neighborhoods and Schools Fund shall be considered General Fund revenues which may be appropriated pursuant to Article XIII B. 7599.1. Funding Appropriation (a) On or before July 31, 2016, and on or before July 31 of each fiscal year thereafter, the Director of Finance shall calculate the savings that accrued to the state from the implementation of this Act during the fiscal year ending June 30, as compared to the fiscal year preceding the enactment of this Act. In making the calculation required by this subdivision, the Director of Finance shall use actual data or best available estimates where actual data is not available. The calculation shall be final and shall not be adjusted for any subsequent changes in the underlying data. The Director of Finance shall certify the results of the calculation to the Controller no later than August 1 of each fiscal year. (b) Before August 15, 2016, and before August 15 of each fiscal year thereafter, the Controller shall transfer from the General Fund to the Safe Neighborhoods and Schools Fund the total amount calculated pursuant to subdivision (a). lc) Monies in the Safe Neighborhoods and Schools Fund shall be continuously appropriated for the purposes of this Act. Funds transferred to the Safe Neighborhoods and Schools Fund shall be used exclusively for the purposes of this Act and shall not be subject to appropriation or transfer by the Legislature for any other purpose. The funds in the Safe Neighborhoods and Schools Fund may be used without regard to fiscal year. 2 7599.2. Distribution of Monies from the Safe Neighborhoods and Schools Fund (a) By August 15 of each fiscal year beginning in 2016, the Controller shall disburse monies deposited in the Safe Neighborhoods and Schools Fund as follows: (1) 25 percent to the State Department of Education, to administer a grant program to public agencies aimed at improving outcomes for public school pupils in kindergarten through 12th grade by reducing truancy and/or supporting students who are at -risk of dropping out of school or are victims of crime. (2) 10 percent to the Victim Compensation and Government Claims Board, to make grants to trauma recovery centers to provide services to victims of crime pursuant to Government Code section 13963.1. (3) 65 percent to the Board of State and Community Corrections, to administer a grant program to public agencies aimed at supporting mental health treatment, substance abuse treatment, and diversion programs for people in the criminal justice system, with an emphasis on programs that reduce recidivism of people convicted of less serious crimes., such as those covered by this measure, and those who have substance abuse and mental health problems. (b) For each program set forth in paragraphs (1) through (3) above, the agency responsible for administering the programs shall not spend more than five percent of the total funds it receives from the Safe Neighborhoods and Schools Fund on an annual basis for administrative costs. (c) Every two years, the Controller shall conduct an audit of the grant programs operated by the agencies specified in paragraphs (1) through (3) to ensure the funds are disbursed and expended solely according to this chapter and shall report his or her findings to the Legislature and the public. (d) Any costs incurred by the Controller and the Director of Finance in connection with the administration of the Safe Neighborhoods and Schools Fund, including the costs of the calculation required by section 7599.1 and the audit required by subsection (c), as determined by the Director of Finance, shall be deducted from the Safe Neighborhoods and Schools Fund before the funds are disbursed pursuant to subsection (a). (e) The funding established pursuant to this Act shall be used to expand programs for public school pupils in kindergarten through 12th grade, victims of crime, and mental health and substance abuse treatment and diversion programs for people in the criminal iustice system. These funds shall not be used to supplant existing state or local funds utilized for these purposes. 3 (f) Local agencies shall not be obligated to provide programs or levels of service described in this chapter above the level for which funding has been provided. SECTION FIVE. Section 459a is added to the Penal Code, to read: 459a. (a) Notwithstanding Section 459, shoplifting is defined as entering a commercial establishment with intent to commit larceny while that establishment is open during regular business hours, where the value of the property that is taken or intended to be taken does not exceed nine hundred fifty dollars ($950). Any other entry into a commercial establishment with intent to commit larceny is burglary. Shoplifting shall be punished as a misdemeanor, except that a person with one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290 may be punished pursuant to subdivision (h) of Section 1170. (b) Any act of shoplifting as defined in subdivision (a) shall be charged as shoplifting. No person who is charged with shoplifting may also be charged with burglary or theft of the same property. SECTION SIX. Section 473 of the Penal Code is hereby amended to read: 473. (a) Forgery is punishable by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170. (b) Notwithstanding subdivision (a), any person who is guilty of forgery relating to a check, bond, bank bill, note, cashier's check, traveler's check, or money order, where the value of the check, bond, bank bill, note, cashier's check, traveler's check, or money order does not exceed nine hundred fifty dollars ($950), shall be punishable by imprisonment in a county jail for not more than one year, except that such person may instead be punished pursuant to subdivision (h) of Section 1170 if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290. This subdivision shall not be applicable to any person who is convicted both of forgery and of identity theft, as defined in Section 530.5. 4 /0 SECTION SEVEN. Section 476a of the Penal Code is hereby amended to read: 476a. (a) Any person who, for himself or herself, as the agent or representative of another, or as an officer of a corporation, willfully, with intent to defraud, makes or draws or utters or delivers a check, draft, or order upon a bank or depositary, a person, a firm, or a corporation, for the payment of money, knowing at the time of that making, drawing, uttering, or delivering that the maker or drawer or the corporation has not sufficient funds in, or credit with the bank or depositary, person, firm, or corporation, for the payment of that check, draft, or order and all other checks, drafts, or orders upon funds then outstanding, in full upon its presentation, although no express representation is made with reference thereto, is punishable by imprisonment in a county jail for not more than one year, or pursuant to subdivision (h) of Section 1170. (b) However, if the total amount of all checks, drafts, or orders that the defendant is charged with and convicted of making, drawing, or uttering does not exceed feiff-haftd fifty dollars ($150) nine hundred fifty dollars ($950), the offense is punishable only by imprisonment in the county j ail for not more than one year, except that such person may instead be punished pursuant to subdivision (h) of Section 1170 if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290. This subdivision shall not be applicable if the defendant has previously been convicted of a three or more violations of Section 470, 475, or 476, or of this section, or of the crime of petty theft in a case in which defendant's offense was a violation also of Section 470, 475, or 476 or of this section or if the defendant has previously been convicted of any offense under the laws of any other state or of the United States which, if committed in this state, would have been punishable as a violation of Section 470, 475 or 476 or of this section or if he has been so convicted of the crime of petty theft in a case in which, if defendant's offense had been committed in this state, it would have been a violation also of Section 470, 475, or 476, or of this section. (c) Where the check, draft, or order is protested on the ground of insufficiency of funds or credit, the notice of protest shall be admissible as proof of presentation, nonpayment, and protest and shall be presumptive evidence of knowledge of insufficiency of funds or credit with the bank or depositary, person, firm, or corporation. (d) In any prosecution under this section involving two or more checks, drafts, or orders, it shall constitute prima facie evidence of the identity of the drawer of a check, draft, or order if both of the following occur: 5 (1) When the payee accepts the check, draft, or order from the drawer, he or she obtains from the drawer the following information: name and residence of the drawer, business or mailing address, either a valid driver's license number or Depaitiiient of Motor Vehicles identification card number, and the drawer's home or work phone number or place of employment. That information may be recorded on the check, draft, or order itself or may be retained on file by the payee and referred to on the check, draft, or order by identifying number or other similar means. (2) The person receiving the check, draft, or order witnesses the drawer's signature or endorsement, and, as evidence of that, initials the check, draft, or order at the time of receipt. (e) The word "credit" as used herein shall be construed to mean an arrangement or understanding with the bank or depositary, person, firm, or corporation for the payment of a check, draft, or order. (f) If any of the preceding paragraphs, or parts thereof, shall be found unconstitutional or invalid, the remainder of this section shall not thereby be invalidated, but shall remain in full force and effect. (g) A sheriff's department, police department, or other law enforcement agency may collect a fee from the defendant for investigation, collection, and processing of checks referred to their agency for investigation of alleged violations of this section or Section 476. (h) The amount of the fee shall not exceed twenty-five dollars ($25) for each bad check, in addition to the amount of any bank charges incurred by the victim as a result of the alleged offense. If the sheriff's depattinent, police department, or other law enforcement agency collects a fee for bank charges incurred by the victim pursuant to this section, that fee shall be paid to the victim for any bank fees the victim may have been assessed. In no event shall reimbursement of the bank charge to the victim pursuant to this section exceed ten dollars ($10) per check. SECTION EIGHT. Section 490.2 is added to the Penal Code, to read: 490.2. (a) Notwithstanding Section 487 or any other provision of law defining grand theft, obtaining any property by theft where the value of the money, labor, real or personal property taken does not exceed nine hundred fifty dollars ($950), shall be considered petty theft and shall be punished as a misdemeanor, except that such person may instead be punished pursuant to subdivision (h) of Section 1170 if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) 6 of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290. (b) This section shall not be applicable to any theft that may be charged as an infraction pursuant to any other provision of law. SECTION NINE. Section 496 of the Penal Code is hereby amended to read: 496. (a) Every person who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding any property from the owner, knowing the property to be so stolen or obtained, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170. However, if the district the district µttomey or the gran d jury, the o y key m , if the value of the property does not exceed nine hundred fifty dollars ($950), f;pccify in the accusatory pleading that the offense shall be a misdemeanor, punishable only by imprisonment in a county jail not exceeding one year, if such person has no prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290. A principal in the actual theft of the property may be convicted pursuant to this section. However, no person may be convicted both pursuant to this section and of the theft of the same property. (b) Every swap meet vendor, as defined in Section 21661 of the Business and Professions Code, and every person whose principal business is dealing in, or collecting, merchandise or personal property, and every agent, employee, or representative of that person, who buys or receives any property of a value in excess of nine hundred fifty dollars ($950) that has been stolen or obtained in any manner constituting theft or extortion, under circumstances that should cause the person, agent, employee, or representative to make reasonable inquiry to ascertain that the person from whom the property was bought or received had the legal right to sell or deliver it, without making a reasonable inquiry, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170. Every swap meet vendor, as defined in Section 21661 of the Business and Professions Code, and every person whose principal business is dealing in, or collecting, merchandise or personal property, and every agent, employee, or representative of that person, who 7 Ij buys or receives any property of a value of nine hundred fifty dollars ($950) or less that has been stolen or obtained in any manner constituting theft or extortion, under circumstances that should cause the person, agent, employee, or representative to make reasonable inquiry to ascertain that the person from whom the property was bought or received had the legal right to sell or deliver it, without making a reasonable inquiry, shall be guilty of a misdemeanor. (c) Any person who has been injured by a violation of subdivision (a) or (b) may bring an action for three times the amount of actual damages, if any, sustained by the plaintiff, costs of suit, and reasonable attorney's fees. (d) Notwithstanding Section 664, any attempt to commit any act prohibited by this section, except an offense specified in the accusatory pleading as a misdemeanor, is punishable by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170. SECTION TEN. Section 666 of the Penal Code is hereby amended to read: 666. more tim f petty theft grand th,ef+ t;o rtt + bd n (d) or (e) of Sew"' suto the nderSeet 0851--6 e--V3}ole Code, bu 1. 1 , ram ny v el-atio f c Lion-49� a �, a to th f _ , ��ez cr-nix�xxa"�'irr�cr`v�cccirccnzrrrrzcrvrzir-ccrrp offense and , ho ,b a tltpetty the ft shable by nt e Section 1170. (b)(a) Notwithstanding Section 490, any person described in subdivision (b) paragraph (1) who, having been convicted of petty theft, grand theft, a conviction pursuant to subdivision (d) or (e) of Section 368, auto theft under Section 10851 of the Vehicle Code, burglary, carjacking, robbery, or a felony violation of Section 496, and having served a term of imprisonment therefor in any penal institution or having been imprisoned therein as a condition of probation for that offense, and who is subsequently convicted of petty theft, is punishable by imprisonment in the county jail not exceeding one year, or in the state prison. (1)(b) This a Subdivision (a) shall apply to any person who is required to register pursuant to the Sex Offender Registration Act, or who has a prior violent or serious felony conviction, as specified in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7 clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667, or has a conviction pursuant to subdivision (d) or (e) of Section 368. 8 (2)(c) This subflMsiefi section shall not be construed to preclude prosecution or punishment pursuant to subdivisions (b) to (i), inclusive, of Section 667, or Section 1170.12. SECTION ELEVEN. Section 11350 of the Health and Safety Code is hereby amended to read: 11350. (a) Except as otherwise provided in this division, every person who possesses (1) any controlled substance specified in subdivision (b)a (c), (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic 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, except that such person shall instead be punished pursuant to subdivision (h) of Section 1170 of the Penal Code if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code. (b) Except as otherwise provided iii thi , ivi i^„ aa rho controlled substance specified in subdivision (e) of Section 11051 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. fe)-Q) Except as otherwise provided in this division, whenever a person who possesses any of the controlled substances specified in subdivision (a) or (b), the judge may, in addition to any punishment provided for pursuant to subdivision (a)), assess against that person a fine not to exceed seventy dollars ($70) with proceeds of this fine to be used in accordance with Section 1463.23 of the Penal Code. The court shall, however, take into consideration the defendant's ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision. (d) Except in unusual cases in which it would not serve the interest of justice to do so, whenever a court grants probation pursuant to a felony conviction under this section, in addition to any other conditions of probation which may be imposed, the following conditions of probation shall be ordered: (1) For a first offense under this section, a fine of at least one thousand dollars ($1,000) or community service. 9 (2) For a second or subsequent offense under this section, a fine of at least two thousand dollars ($2,000) or community service. (3) If a defendant does not have the ability to pay the minimum fines specified in paragraphs (1) and (2), community service shall be ordered in lieu of the fine. SECTION TWELVE. Section 11357 of the Health and Safety Code is hereby amended to read: 11357. (a) Except as authorized by law, every person who possesses any concentrated cannabis shall be punished by imprisonment in the county jail for a period of not more than one year or by a fine of not more than five hundred dollars ($500), or by both such fine and imprisonment, of Section 1170 of the Penal Code except that such person may instead be punished pursuant to subdivision (h) of Section 1170 of the Penal Code if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code. (b) Except as authorized by law, every person who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, is guilty of an infraction punishable by a fine of not more than one hundred dollars ($100). (c) Except as authorized by law, every person who possesses more than 28.5 grams of marijuana, other than concentrated cannabis, shall be punished by imprisonment in a county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both such fine and imprisonment. (d) Except as authorized by law, every person 18 years of age or over who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, upon the grounds of, or within, any school providing instruction in kindergarten or any of grades 1 through 12 during hours the school is open for classes or school -related programs is guilty of a misdemeanor and shall be punished by a fine of not more than five hundred dollars ($500), or by imprisonment in a county jail for a period of not more than 10 days, or both. (e) Except as authorized by law, every person under the age of 18 who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, upon the grounds of, or within, any school providing instruction in kindergarten or any of grades 1 through 12 during hours the school is open for classes or school -related programs is guilty of a misdemeanor and shall be subject to the following dispositions: 10 (1) A fine of not more than two hundred fifty dollars ($250), upon a finding that a first offense has been committed. (2) A fine of not more than five hundred dollars ($500), or commitment to a juvenile hall, ranch, camp, forestry camp, or secure juvenile home for a period of not more than 10 days, or both, upon a finding that a second or subsequent offense has been committed. SECTION THIRTEEN. Section 11377 of the Health and Safety Code is hereby amended to read: 11377. (a) Except as authorized by law and as otherwise provided in subdivision (b) or Section 11375, or in Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code, every person who possesses any controlled substance which is (1) classified in Schedule III, IV, or V, and which is not a narcotic drug, (2) specified in subdivision (d) of Section 11054, except paragraphs (13), (14), (15), and (20) of subdivision (d), (3) specified in paragraph (11) of subdivision (c) of Section 11056, (4) specified in paragraph (2) or (3) of subdivision (f) of Section 11054, or (5) specified in subdivision (d), (e), or (f) of Section 11055, unless upon the prescription of a physician, dentist, podiatrist, or veterinarian, licensed to practice in this state, shall be punished by imprisonment in a county jail for a period of not more than one year or pursuant to subdivision (h) of Section 1170 of the Penal Codc, except that such person may instead be punished pursuant to subdivision (h) of Section 1170 of the Penal Code if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code. (b)t l A.,,. er of e , olates rnlawf lly posse n t, 11 i substance specified in subdivision (g) of Section 11056 is guilty of a misdemeanor. (8) e f s„bdiy;sio� ra) of Se t' t t 055 l� f .,,.....,.�......... �.I...,,...�..... ti. t.,.,.f..bf.,.r.0 (, )va �v f vi ouvui r ioavii a misdemeanor. 11 (e)(b) ,The judge may assess a fine not to exceed seventy dollars ($70) against any person who violates subdivision (a), with the proceeds of this fine to be used in accordance with Section 1463.23 of the Penal Code. The court shall, however, take into consideration the defendant's ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision. SECTION FOURTEEN. Section 1170.18 is added to the Penal Code, to read: 1170.18. (a) A person currently serving a sentence for a conviction, whether by trial or plea, of a felony or felonies who would have been guilty of a misdemeanor under this Act had this Act been in effect at the time of the offense may petition for a recall of sentence before the trial court that entered the judgment of conviction in his or her case to request resentencing in accordance with Sections 11350, 11357, or 11377 of the Health and Safety Code, or Sections 459a, 473, 476a, 490.2; 496, or 666 of the Penal Code, as those sections have been amended by this Act. (b) Upon receiving a petition under subdivision (a), the court shall determine whether the petitioner satisfies the criteria in subdivision (a). If the petitioner satisfies the criteria in subdivision (a), the petitioner's felony sentence shall be recalled and the petitioner resentenced to a misdemeanor pursuant to Sections 11350, 11357, or 11377 of the Health and Safety Code, or Sections 459a, 473, 476a, 490.2, 496, or 666 of the Penal Code, as those sections have been amended by this Act, unless the court, in its discretion, determines that resentencing the petitioner would pose an unreasonable risk of danger to public safety. In exercising its discretion, the court may consider: (1) The petitioner's criminal conviction history, including the type of crimes committed., the extent of injury to victims, the length of prior prison commitments, and the remoteness of the crimes., (2) The petitioner's disciplinary record and record of rehabilitation while incarcerated; and (3) Any other evidence the court, within its discretion, determines to be relevant in deciding whether a new sentence would result in an unreasonable risk of danger to public safety. 12 (c) As used throughout this Code, "unreasonable risk of danger to public safety" means an unreasonable risk that the petitioner will commit a new violent felony within the meaning of clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667. (d) A person who is resentenced pursuant to subdivision (b) shall be given credit for time served and shall be subject to parole for one year following completion of his or her sentence, unless the court, in its discretion, as part of its resentencing order, releases the person from parole. Such person is subject to Section 3000.08 parole supervision by the Department of Corrections and Rehabilitation and the jurisdiction of the court in the county in which the parolee is released, resides, or in which an alleged violation of supervision has occurred, for the purpose of hearing petitions to revoke parole and impose a term of custody. (e) Under no circumstances may resentencing under this section result in the imposition of a term longer than the original sentence. (f) A person who has completed his or her sentence for a conviction, whether by trial or plea, of a felony or felonies who would have been guilty of a misdemeanor under this Act had this Act been in effect at the time of the offense may file an application before the trial court that entered the judgment of conviction in his or her case to have the felony conviction or convictions designated as misdemeanors. (g) If the application satisfies the criteria in subdivision (f), the court shall designate the felony offense or offenses as a misdemeanor. (h) Unless requested by the applicant, no hearing is necessary to grant or deny an application filed under subsection (f). (i) The provisions of this section shall not apply to persons who have one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290. Ci) Any petition or application under this section must be filed within three years after the effective date of the Act that added this section or at a later date upon a showing of good cause. (k) Any felony conviction that is recalled and resentenced under subsection (b) or designated as a misdemeanor under subsection (g) shall be considered a misdemeanor for all purposes, except that such resentencing shall not permit that person to own, possess, or have in his or her custody or control any firearm or prevent his or her conviction under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6. 13 (1) If the court that originally sentenced the petitioner is not available, the presiding judge shall designate another judge to rule on the petition or application. (m) Nothing in this section is intended to diminish or abrogate any rights or remedies otherwise available to the petitioner or applicant. (n) Nothing in this and related sections is intended to diminish or abrogate the finality of judgments in any case not falling within the purview of this Act. (o) A resentencing hearing ordered under this Act shall constitute a "post -conviction release proceeding" under paragraph (7) of subdivision (b) of Section 28 of Article I of the California Constitution (Marsy's Law). SECTION FIFTEEN. Amendment. This Act shall be broadly construed to accomplish its purposes. The provisions of this measure may be amended by a two-thirds vote of the members of each house of the Legislature and signed by the Governor so long as such amendments are consistent with and further the intent of this Act. The Legislature may by majority vote amend, add, or repeal provisions to further reduce the penalties for any of the offenses addressed by this Act. SECTION SIXTEEN. Severability. If any provision of this measure, or part of this measure, or the application of any provision or part to any person or circumstances, is for any reason held to be invalid, the remaining provisions, or applications of provisions, shall not be affected, but shall remain in full force and effect, and to this end the provisions of this measure are severable. SECTION SEVENTEEN. Conflicting Initiatives. (a) This Act changes the penalties associated with certain non -serious, nonviolent crimes. In the event that this measure and another initiative measure or measures relating to the same subject appear on the same statewide election ballot, the provisions of the other measure or measures shall be deemed to be in conflict with this measure. In the event that this measure receives a greater number of affirmative votes, the provisions of this measure shall prevail in their entirety, and the provisions of the other measure shall be null and void. However, in the event that this measure and another measure or measures containing provisions that eliminate penalties for the possession of concentrated cannabis are approved at the same election, the voters intend such provisions relating to concentrated cannabis in the other measure or measures to prevail, regardless of which measure receives a greater number of affirmative votes. The voters also intend to give 14 full force and effect to all other applications and provisions of this measure, and such other measure or measures, but only to the extent such other measure or measures are not inconsistent with the provisions of this Act. (b) If this measure is approved by voters but superseded by law by any other conflicting measure approved by voters at the same election, and the conflicting ballot measure is later held invalid, this measure shall be self-executing and given full force and effect. SECTION EIGHTEEN. Liberal Construction. This Act shall be liberally construed to effectuate its purposes. 15 COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO BOARD OF SUPERVISORS ��� Ott 18 P!� 11 03 1600 PACIFIC HIGHWAY, ROOM 335, SAN DIEGO, CALIFORNIA 92I0]-2470 CLERK OF THE BOARD AGENDA ITEM OF SUPERVISORS DATE: September 23, 2014 TO: Board of Supervisors SUBJECT: Opposition to Proposition 47 (DISTRICTS: ALL) Overview Proposition 47, also known as "The Safe Neighborhoods and Schools Act", would reduce penalties for stealing a gun, commercial burglary, identity theft, using a victim's access card and forging others, writing bad checks, petty theft, receiving stolen property, stealing livestock and produce, and possession of controlled substances, including date rape drugs, from felonies to misdemeanors in the State of California. Despite its title, this proposition is anything but safe for our communities. By reducing felonies to misdemeanors, this measure will severely impact the safety of our streets and our County jail population by releasing dangerous offenders from State prison, including those with prior convictions for serious and violent felonies, such as robbery, residential burglary and carjacking. Our local jails have already been heavily burdened by the shifting of state prisoners through Assembly Bill 109's public safety realignment to the County for their housing and supervision, and this measure will only serve to exacerbate the problem. Furthermore, the measure provides no direct funding to law enforcement toward the goals of reducing crime and victimization. Although the measure requires biennial audits of the programs it funds, it merely specifies that the results have to be reported to the Legislature and the public. There is very little accountability to ensure that the funds go to successful or accepted programs. This measure will actually result in increased costs to the county requiring resentencing hearings for state prisoners and a second bite of the apple for inmates already deemed dangerous in the Proposition 36 resentencings. Therefore, with the support of Sheriff Bill Gore and District Attorney Bonnie Dumanis, today' s action will adopt a resolution stating the County of San Diego's opposition to Proposition 47. Recommendation(s) CHAIRWOMAN DIANNE JACOB, SHERIFF BILL GORE, AND DISTRICT ATTORNEY BONNIE DUMANIS 1.) Adopt the resolution titled: D4.0 SUBJECT: Opposition to Proposition 47 A RESOLUTION OF THE SAN DIEGO COUNTY BOARD OF SUPERVISORS OPPOSING CALIFORNIA STATE PROPOSITION 47. Fiscal Impact N/A Business Impact Statement N/A Advisory Board Statement N/A Background Proposition 47, also known as "The Safe Neighborhoods and Schools Act", would reduce penalties for stealing a gun, commercial burglary, identity theft, using a victim's access card and forging others, writing bad checks, petty theft., receiving stolen property, stealing livestock and produce, and possession of controlled substances, including date rape drugs, from felonies to misdemeanors in the State of California. Despite its title, this proposition is anything but safe for our communities. By reducing felonies to misdemeanors, this measure will severely impact our County jail population by shifting dangerous offenders from State prison. Under this measure, the redefinition of certain crimes from felonies to misdemeanors would be retroactive for offenders serving state and local prison terms, requiring resentencing hearings in each case. Therefore, it is estimated that as many as 10,000 current felons could be eligible for early release including those with prior convictions for serious and violent felonies such as robberies, residential burglary and carjacking. Each of these resentencing hearings will result in costs to the County to house the offenders in our County jails that are already near capacity, costs for prosecution and defense attorneys to prepare, costs to investigate and staff these hearings, and costs to the community in terms of public safety if the defendants are released early from prison. Additionally, this measure creates a new definition of dangerousness that will be applied to the Proposition 36 resentencings, and those who have already been deemed too dangerous by the San Diego Superior Court for release to the community will be eligible for a second hearing and a more likely discharge from state prison. Our local jails and county agencies have already been heavily burdened by the shifting of state prisoners through Assembly Bill 109's public safety realignment, and this measure will only serve to exacerbate the problem. The changes included in this measure are dangerous, especially while public safety realignment is in its infancy. Proposition 47 would remove the district attomey's discretion to charge shoplifting, burglary, forgery, check fraud, use of stolen access cards, grand theft and receipt of stolen property as felonies if the loss value is less than $950. This means that stealing a firearm would be a straight misdemeanor unless its value exceeds $950. The same standard would apply to narcotics, 2 D4.0 SUBJECT: Opposition to Proposition 47 including "date rape" drugs. Possession of marijuana is already a misdemeanor offense and would not be impacted by this measure. Furthermore, the measure provides no direct funding to law enforcement toward the goals of reducing crime and victimization. The measure limits the use of the funds set aside for victims to providing grants to trauma recovery centers. Although the measure requires biennial audits of the programs it funds, it merely specifies that the results have to be reported to the Legislature and the public. There is very little accountability to ensure that the funds go to successful or accepted programs. Moreover, the actual fozuuula for determining savings is vague and illusory, as all of these charges currently can be issued as felonies or misdemeanors, except possession of cocaine or heroin, and thus, it is almost impossible to establish that any one future case would necessarily have been charged as a felony. The logic behind proposition 47 is flawed, and represents yet another attempt to shift public safety problems onto local governments and the communities we serve. Therefore, with the support of Sheriff Bill Gore and District Attorney Bonnie Dumanis, today's action will adopt a resolution stating the County of San Diego's opposition to Proposition 47. Linkage to the County of San Diego Strategic Plan Today's proposed action supports the Safe Communities Initiative of the County of San Diego's 2014-2019 Strategic Plan of protecting residents from crime by opposing a state proposition that could lead to the release of state felons into our communities. DIANNE JACOB Supervisor, District 2 BILL GORE Sheriff D4.0 BONNIE DUMAN-IS District Attorney 3 SUBJECT: Opposition to Proposition 47 ATTACHMENT(S) resolution D4.4 SUBJECT: Opposition to Proposition 47 AGENDA ITEM INFORMATION SHEET REQUIRES FOUR VOTES: [1 Yes [ 1 No WRITTEN DISCLOSURE PER COUNTY CHARTER SECTION 1000.1 REQUIRED [ 1 Yes [ 1 No PREVIOUS RELEVANT BOARD ACTIONS: BOARD POLICIES APPLICABLE: BOARD POLICY STATEMENTS: MANDATORY COMPLIANCE: ORACLE AWARD NUMBER(S) AND CONTRACT AND/OR REQUISITION NUMBER(S): ORIGINATING DEPARTMENT: Chairwoman Dianne Jacob OTHER CONCURRENCES(S): CONTACT PERSON(S): Bob Spanbauer Name 619-531-5522619-531-5522 Phone Robert.spanbauer@sdcounty.ca.govRobert.spa nbauer@sdcounty.ca.gov E-mail ©4.0 Name Phone E-mail 5