HomeMy WebLinkAbout06 - CC-6 - Resolution Authorizing City Access State - 2/7/2017CITY COUNCIL AGENDA REPORT
MEETING DATE: FEBRUARY 7, 2017 ITEM NUMBER: CC -6
SUBJECT: A RESOLUTION AUTHORIZING THE CITY TO ACCESS STATE AND
LOCAL SUMMARY CRIMINAL HISTORY INFORMATION FOR LICENSING
PURPOSES AND FEDERAL LEVEL CRIMINAL HISTORY INFORMATION
DATE: January 26, 2017
FROM: City Manager's Office/City Attorney's Office
PRESENTATION BY: Richard L. Francis, Assistant City Manager
FOR FURTHER INFORMATION CONTACT: Brenda Green, City Clerk, (714) 754-5221
RECOMMENDATION:
Staff recommends that the City Council adopt the attached resolution in order to be able
to access both local summary criminal history information and federal level criminal
history information as required to process applications for Medical Marijuana Business
Permits pursuant to Measure X.
BACKGROUND:
The people of Costa Mesa approved Measure X, the Costa Mesa Medical Marijuana
Measure, at the November 8th, 2016 election. Measure X requires that owners,
managers and all employees undergo a criminal background check prior to a business
being issued a Medical Marijuana Business Permit. Applicants are required to submit
fingerprints and other information to the Costa Mesa Police Department.
Penal Code section 11105(b)(11) authorizes a city, county or special district to request
criminal record information from the Department of Justice (DOJ) in order to assist in
fulfilling employment, certification, or licensing duties, and if the access is specifically
authorized by the city council, board of supervisors, or governing board of the city, county,
or district if the criminal history information is required to implement a statute, ordinance,
or regulation that expressly refers to specific criminal conduct applicable to the subject
person of the state summary criminal history information, and contains requirements or
exclusions, or both, expressly based upon that specified criminal conduct. In addition to
state level summary criminal history information, a city, county or special district may
request federal level summary criminal history information from the Federal Bureau of
Investigation (FBI).
Accordingly, the attached resolution is based on the template provided by the DOJ, and
will provide the required authorization from the City Council as required by Penal Code
section 11105(b)(11).
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FISCAL REVIEW:
There is no cost to the City to submit this resolution to the DOJ. Applicants for Medical
Marijuana Business Permits are required to pay the cost of the Livescan procedures.
LEGAL REVIEW:
The City Attorney's Office has drafted the attached resolution and approves it as to form.
CONCLUSION:
Staff recommends that the City Council adopt Resolution No. XX in order to enable the
Police Department to complete background investigations as required by Measure X.
RICHARD L. FRANCIS
Assistant City Manager
ATTACHMENTS: 1. Resolution No. xx
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RESOLUTION NO. 17-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, AUTHORIZING THE CITY TO ACCESS STATE AND LOCAL SUMMARY
CRIMINAL HISTORY INFORMATION FOR LICENSING PURPOSES AND 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
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 Section 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.
NOW THEREFORE, BE IT RESOLVED, that the City of Costa Mesa is hereby
authorized to access state and federal level summary criminal history information for
licensing purposes of medical marijuana business owners, managers, supervisors and
employees and may not disseminate the information to a private entity.
Resolution No. 17-xx Page 1 of 2
PASSED, APPROVED AND ADOPTED this xx day of xx, 2017.
Katrina Foley, Mayor
ATTEST:
APPROVED AS TO FORM:
Brenda Green, City Clerk Thomas Duarte, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY
CERTIFY that the above and foregoing is the original of Resolution No. 16-86 and was
duly passed and adopted by the City Council of the City of Costa Mesa at a regular
meeting held on the 13th day of December, 2016, by the following roll call vote, to wit:
YES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this xxth day of xx, 2017.
Brenda Green, City Clerk
Resolution No. 17-xx Page 2 of 2