HomeMy WebLinkAboutResolution - 3647 STATE OF CALIFORNIA ) RESOLUTION NO. 3647
COUNTY OF RIVERSIDE ) ss.
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO, CALIFORNIA, AUTHORIZING USE OF LIVE SCAN
TECHNOLOGY TO ASSIST THE CITY IN IMPLEMENTING ITS
RESIDENTIAL INDOOR MARIJUANA CULTIVATION AND
COMMERCIAL MARIJUANA CULTIVATION PERMITTING
REGULATIONS
WHEREAS, the City of San Jacinto, California (the "City") is a municipal
corporation, duly organized under the constitution and laws of the state of
California; and
WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11)
authorize cities, counties, districts, and joint powers authorities to access state
and local summary criminal history information for employment, licensing or
certification purposes; and
WHEREAS, Penal Code Sections 11105(b)(11) authorizes cities,
counties, districts and joint powers authorities to access federal level criminal
history information by transmitting fingerprint images and related information to
the Department of Justice to be transmitted to the Federal Bureau of
Investigation; and
WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) require
that there be a requirement or exclusion from employment, licensing, or
certification based on specific criminal conduct on the part of the subject of the
record; and
WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) require
the city council, board of supervisors, governing body of a city, county, or district
or joint powers authority to specifically authorize access to summary criminal
history information for employment, licensing, or certification purposes; and
WHEREAS, the information is required to implement Ordinance No. 16-
10, which expressly identifies specific criminal conduct and contains
requirements or exclusions based upon that specified criminal conduct; and
WHEREAS, the City would utilize this data to implement the Residential
Indoor Marijuana Cultivation and Commercial Marijuana Cultivation permitting
schema contemplated in Ordinance No. 16-10 by determining whether applicants
had been convicted of illegal possession for sale, manufacture, transportation, or
cultivation of a controlled substance within the last five years or the last ten
years, depending on the permit for which they have applied; and
1
WHEREAS, such convictions would render an applicant ineligible for a
Residential Indoor Marijuana Cultivation Permit and/or a Commercial Marijuana
Cultivation Permit due to the risk to the public health, safety, and welfare inherent
in allowing an individual with those recent convictions to cultivate and potentially
distribute marijuana or marijuana products.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN
JACINTO, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE
AND ORDER AS FOLLOWS:
SECTION 1. Recitals. The City Council of the City of San Jacinto hereby
finds and determines that the foregoing recitals are true and correct, are
incorporated herein and by this reference made an operative part hereof.
SECTION 2. Access to State and Federal Background Information for
Residential Indoor Marijuana Cultivation Permit. The City, and all necessary
employees, are hereby authorized to access state and federal level summary
criminal history information for any applicant for a Residential Indoor Marijuana
Cultivation Permit to determine whether they have been convicted of illegal
possession for sale, manufacture, transportation, or cultivation of a controlled
substance within the last five years. Access to criminal history information is
limited to these purposes and no employee may disseminate the information to a
private entity.
SECTION 3. Access to State and Federal Background Information for
Commercial Marijuana Cultivation Permit. The City, and all necessary
employees, are hereby authorized to access state and federal level summary
criminal history information for any applicant for a Commercial Marijuana
Cultivation Permit to determine whether they have been convicted of illegal
possession for sale, manufacture, transportation, or cultivation of a controlled
substance within the last ten years. Access to criminal history information is
limited to these purposes and no employee may disseminate the information to a
private entity.
SECTION 4. Severability. If any provision of this Resolution or the
application thereof to any person or circumstance is held invalid, such invalidity
shall not affect other provisions or applications of the Resolution which can be
given effect without the invalid provision or application, and to this end the
provisions of this Resolution are severable. The City Council hereby declares
that it would have adopted this Resolution irrespective of the invalidity of any
particular portion thereof.
SECTION 5. Effective Date of Resolution. This Resolution shall
take effect immediately upon its adoption.
PASSED, APPROVED and ADOPTED this 3rd day of January,
2017 by the following vote:
AYES: Kotyuk, Ledezma, Ruiz, Utz, Miller
NAYS: None
ABSENT: None
ABSTAIN: None
City of San Jacinto:
&4)OA
/S'c—oftVillei, Mayor
ATTEST:
A el alto ", Clerk
APPROVED AS TO FORM:
BEST PEST & KRIEGER
'4, l �.-
Je rey S. allinger, City Attorney
3
CERTIFICATION
I, Angela Walton, City Clerk of the City of San Jacinto do hereby certify
that the foregoing Resolution No. 3647 duly adopted by the City Council of the
City of San Jacinto at a regular meeting thereof, held on the 3rd day of January,
2017, by the following vote of Council:
AYES: Kotyuk, Ledezma, Ruiz, Utz, Miller
NAYS: None
ABSENT: None
ABSTAIN: None
loAa alton
4