La Verne City Council
August 5, 2024

Council Agenda Packet - August 5, 2024
City of La Verne, CA
VMS Replacement RFP
and accepted by the City shall be the basis for negotiation of a contract addressing the requirements of the solicitation. The resulting contract will be approved in accordance with the City's Purchasing Ordinance.

I. FISCAL YEAR FUNDING APPROPRIATION
Unless otherwise provided by law, a contract for supplies or services may be entered into for any period of time deemed to be in the best interests of the City, provided the term of the contract and conditions of renewal or extension, if any, are included in the solicitation and funds are available for the fiscal period at the time of the contract . Payment and performance obligations for succeeding fiscal periods shall be subject to appropriation by the City of funds thereafter.

When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be canceled and the contractor shall be entitled to reimbursement for the reasonable value of any nonrecurring cost incurred in the price of the supplies or services delivered under the contract or otherwise recoverable.

J. PAYMENTS
Payments shall be made 30 days from the receipt of invoice, if applicable, and follow all City policies promulgated thereby.

K. BUSINESS LICENSES
The successful proposer will be required to obtain a City of La Verne business license prior to commencement of work in accordance with the City's Municipal Code, if applicable.

L. INDEMNIFICATION
The successful Proposer must fully indemnify the City. Such indemnification will be documented in the contract documents.

M. RIGHT OF REJECTION
The City of La Verne reserves the right to reject any and/or all proposals, reserves the right to waive any informalities or irregularities in the proposal or examination process, reserves the right to select low proposal per item, and reserves the right to award proposals and/or contracts in the best interest of the City.
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Council Agenda Packet - August 5, 2024
City of La Verne, CA
VMS Replacement RFP
N. REFERENCE TERMS
•
.
. .

Any headings in this document are for the purposes of reference only and shall not limit or otherwise affect the meaning thereof. Any reference to gender shall be construed to include all genders, firms, partnerships and corporations . References in the singular shall be construed to include the plural and references in the plural shall be construed to include the singular. Any reference to the "City" or the "City of La Verne" shall be construed to refer to the City for which the solicitation was issued, and the City shall be the legislative authority for all matters concerning this solicitation or the resulting contract(s) .
0 . RIGHT TO AUDIT RECORDS
The City shall be entitled to audit the books and records of the Contractor or any sub- contractor to the extent that such books and records relate to the performance of the Agreement or any sub­ contract to the Agreement. Such books and records shall be maintained by the Contractor for a period of ten (10) years from the date of final payment under the Agreement and by the sub­ contractor for a period of ten (10) years from the date of final payment under the sub-contract unless a shorter period is otherwise authorized in writing .

P. ADDITIONAL TERMS AND CONDITIONS
No additional terms and conditions included with the proposal response shall be evaluated or considered and any and all such additional terms and conditions shall have no force and effect and are inapplicable to this proposal. If submitted either purposefully through intent or design or inadvertently appearing separately in transmitting letters, specifications, literature, price lists or warranties, it is understood and agreed the general and special conditions in this solicitation are the only conditions applicable to this proposal and the Proposer's authorized signature affixed to the proposal attests to this.

Q. PROPRIETARY INFORMATION
Responses to this Request for Proposals, upon receipt by the City, become public records. If any proposer believes that any portion of the response is confidential and proprietary , proposer shall clearly assert such exception and the specific legal authority of the asserted exemption. Such designation of an item as a trade secret may be challenged in court by any person. By the proposer' s designation of material submitted to the City as a "trade secret", the proposer agrees to hold harmless the City for any award to a plaintiff for damages, costs or attorney's fees and for costs and attorney's fees incurred by the City by reason of any legal action challenging the proposer's "trade secret" claim. The city is not obligated to object to or otherwise defend against production of any such information .

R. ADDITIONAL SERVICES/PURCHASES BY OTHER PUBLIC AGENCIES By submitting a proposal, the Proposer acknowledges that other public agencies may seek to " Piggy-Back" under the same terms and conditions during the effective period of any resulting contract services and/or purchases being offered in this proposal/bid for the same prices and/or terms being proposed . The successful Proposer has the option to agree or disagree to allow contract Piggy-Backs on a case-by-case basis. Before a public agency is allowed to Piggy-Back any contract, the agency must first obtain the Proposer's approval. Without the Proposer' s approval, the seeking agency cannot Piggy-Back.
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Council Agenda Packet - August 5, 2024
City of La Verne, CA
VMS Replacement RFP
S. CONFLICT OF INTEREST
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. .

Any conflict of interest on the part of the vendor shall be immediately disclosed to the City of La Verne. The City of La Verne may, at its option, disqua lify the proposal if it finds that a conflict of interest exists which poses a material conflict to and with the performance of the vendor's scope of work. By submitting a proposal, vendor agrees that:

No Current or Prior Conflict of Interest. That vendor has no business, professional, personal, or other interest, including, but not limited to, the representation of other clients, that would conflict in any manner or degree with the performance of its obligations under this proposal.

Notice of Potential Conflict. If any such actual or potential conflict of interest arises under the resulting contract, vendor shall immediately inform the City of La Verne in writing of such conflict.

Termination for Material Conflict. If, in the reasonable judgment of the City, such conflict poses a material conflict to and with the performance of vendor 's obligations under this proposal, then the City of La Verne may disqualify the proposal from consideration for award. 14

Council Agenda Packet - August 5, 2024
City of La Verne, CA
VMS Replacement RFP

7. INSURANCE REQUIREMENTS
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A Certificate of Insurance will be furnished by the successful Contractor upon Notice of Award. The certificate(s) shall be completed by the Contractor's authorized agent and submitted to the City's Risk Management Department. The successful Contractor shall not commence any work in connection with the Agreement until it has obtained all of the following types of insurance and shall maintain such insurance for the duration of the agreement . The Contractor shall secure the minimum insurance coverage described below, and such insurance shall be primary with respect to any insurance or self­ insurance programs maintained by the City. City shall be named as an additional insured on all insurance coverage policies except Professional Liability Insurance if required. • Comprehensive Commercial General Liability. Contractor shall obtain, and maintain throughout the life of the Agreement, Comprehensive Commercial General Liability Insurance in an amount of $1,000,000 per occurrence and $2,000,000 aggregate that shall be in force with an insurance carrier acceptable to the City and which names the City as addit ional insured. • Commercial Automobile Liability Insurance. Contractor shall obtain, and maintain throughout the life of the Agreement , Comprehensive Automobile Liability Insurance with minimum limits of $1,000,000, combined single limit for bodily injury liability and property damage liability that shall be in force with an insurance carrier acceptable to the City and which names the City as additional insured. This coverage shall include all owned vehicles, hired and non-owned vehicles, and employee non-ownership vehicles.
• Workers' Compensation Insurance and Employer's Liability Insurance. Unless a sole proprietorship or entity designated by the Department of Industrial Relations to be exempt, the contractor shall obtain, and maintain throughout the life of the Agreement, Workers' Compensation and Employer's Liability Insurance in the amount that meets the statutory requirement and that shall be in force with an insurance carrier acceptable to the City. Contractor and any sub-consultants or subcontractors shall comply fully with the California Worker 's Compensation Law. Declaration from Contractor, or their agent, must be made to Risk Management of any granted exemption.
• Professional Liability Insurance. If applicable, the Contractor shall obtain and maintain throughout the life of the Agreement Professional Liability Insurance in an amount of $1,000,000 per claims made and $2,000,000 aggregate with an insurance carrier acceptable to the City.

The Contractor shall instruct their insurance broker to furnish properly executed certificates of insurance to the City initially , and throughout the duration of the Agreement to evidence current coverages, including the name of the insured Contractor, the specified job by name and/or RFP number , the name of the insurer, the number of the policy, its effective date and its termination date. Certificates of insurance shall clearly evidence coverage identified above.
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Council Agenda Packet - August 5, 2024
City of La Verne, CA
VMS Replacement RFP
Certificates of insurance shall be submitted by the broker directly either cityclerk@cityoflaverne .org or via U.S. mail to:

City of la Verne
3660 D Street
la Verne, CA 91750
•
.
. .
via email at
The insurer will notify the City at least thirty (30) days prior to any material changes in provisions or cancellation of the policy. Further, the City reserves the right to modify the insurance requirements set forth at any time during the process of solicitation or subsequent thereto . 16

Council Agenda Packet - August 5, 2024
City of La Verne, CA
VMS Replacement RFP

8. PROPOSALCOVERPAGE
Name of Firm, Entity or Organization:

Federal Employer Identification Number (EIN):

State of California License Number (If Applicable):

Name of Contact Person:

Title:

E-Mail Address:

Mailing Address:

Street Address (if different):

City, State, Zip:

Telephone: Fax:

Organizational Structure - Please Check One:

Corporation □ Partnership □ Proprietorship □
If Corporation:

Joint Venture D
Date of Incorporation: State of Incorporation:

States Registered in as Foreign Corporation: -
Authorized Signature:

Print Name:

Signature:

Title:

Phone:
•
.
. .

OtherD
This document must be completed and returned with your Submittal. 17 City of La Verne,City Council
Agenda Report

DATE: August 5, 2024
TO: Honorable Mayor and City Council
FROM: Meg McWade, Public Works Director
SUBJECT: AUTHORIZATION FOR 55-HOUR CLOSURE OF FAIRPLEX DRIVE FOR

METROLINK RAILROAD TRACK UPGRADES SUBJECT TO FINAL CITY

APPROVAL

SUMMARY
This action will authorize a 55-hour closure of Fairplex Drive during the Metrolink Track Upgrade Project scheduled from August 16 to August 23, 2023. The authorization is subject to final City approval, including acceptance of the Traffic Control Plan by the City Engineer.

RECOMMENDATION
That the City Council authorize a 55-hour full road closure on Fairplex Drive for Metrolink Track upgrades, contingent upon final City approvals, including the Traffic Control Plan acceptance by the City Engineer.

DISCUSSION
Per the Municipal Code Chapter 12 .04 Administrative Control of the Streets, the Public Works Director has the authority to temporarily close any street for up to 24 hours. The City Council has the ability to authorize lengthier closures when the Public Works Director makes the recommendation to do so for protection of the public.

Metrolink is performing track upgrades along various segments of the railroad including La Verne. The specific upgrades within La Verne are planned for Fairplex Drive and the Metrolink railroad crossing. To effectuate the work, the contractor has requested a temporary full street closure of 55-hours to enable the replacement of the tracks across the street and related maintenance work. The work is currently scheduled between August 16 and 23, 2024, with the actual 55-hour closure occurring within that timeframe. The contractor has submitted the Traffic Control Plan which is being reviewed by the City Engineer as of the writing of this report. The Police and Fire Departments are aware of the closure.

The City Council is requested to approve the 55-hour full road closure, contingent upon final City approval, including acceptance of the Traffic Control Plan by the City Engineer.

FISCAL ANALYSIS
The fiscal impact of this item will be offset by permit and inspection fees charged to the contractor.

Council Agenda Packet - August 5, 2024
Authorization for 55-Hour Closure of Fairplex Drive for Metrolink Railroad Track Upgrades Subject to Final City Approval , Page 2

ENVIRONMENTAL ANALYSIS
The contractor must comply with any standard construction project environmental regulations such as Clean Water/NPDES requirements.

LEGAL REVIEW
This report has been reviewed by the City Attorney.

ATTACHMENTS
None

Coordinated with:

Cody Howing, City Engineer

Council Agenda Packet - August 5, 2024
City of La Verne,City Council
Agenda Report

DATE: August 5, 2024
TO: Honorable Mayor and City Council
FROM: Andrea Blockinger, Administrative Analyst
SUBJECT: 2024 LEGISLATIVE SESSION UPDATE

SUMMARY
Throughout the 2024 Legislative Session, the California Legislature has proposed over 2,000 new bills. Utilizing the City’s Legislative Platform, City staff have taken a proactive stance, monitoring dozens of bills and submitting 15 position letters for proposed legislation that will have the most impact on City functionality.

RECOMMENDATION
That the City Council receive and file this Legislative Update.

DISCUSSION
Position Letters

At the start of the year, the City Council approved the 2024 Legislative Platform, which outlines the City Council’s position on legislative matters and serves as the foundation for the City to support or oppose local, state, and federal legislation. Since its adoption, the City has taken a proactive stance, monitoring dozens of bills and submitting position letters on 15 bills to the California Legislature and one bill to the federal government.

These position letters focus on proposed legislation that aligns with the guiding principles of our Legislative Platform: Preserve Local Control, Promote Fiscal Stability, and Support Funding Opportunities. Attachment A provides a detailed breakdown of the bills for which position letters were submitted, including a summary of each bill, the City’s stance, the general categories the bills fall within, and references to the guiding principles.

Overall, the submitted position letters oppose legislation that undermines local control over housing development, imposes administrative burdens on local governments without tangible benefits, and creates unfunded mandates. In contrast, the letters in support of legislation emphasize expanding transparency in the RHNA calculation process, increasing funding opportunities to support local governments, and broadening public safety protections.

California 2024 Legislative Calendar

August 5, marks the end of the California Legislature’s summer recess. Over the next month, the Legislature will be extremely busy finalizing bills before the August 31 deadline for passage in each house. Governor Newsom will have until September 30 to sign or veto all bills passed by the Legislature.

Council Agenda Packet - August 5, 2024
2024 Legislative Session Update, Page 2

During this period, we will continue to monitor bills for any amendments and submit position letters accordingly. Once bills pass the Legislature and are presented to Governor Newsom, the City will submit letters requesting either the signing or vetoing of these bills.

For a list of the position letters send and more information on the City's Legislative Platform, information is online at www.cityoflaverne.org/legislation .

FISCAL ANALYSIS
None.

ENVIRONMENTAL ANALYSIS
None.

LEGAL REVIEW
The City Attorney has reviewed and approved this report as to form.

ATTACHMENTS

1. Attachment A - 2024 Legislative Update

Council Agenda Packet - August 5, 2024
Legislative Update
Preserve Local Control
Promote Fiscal Stability
Support Funding Opportunities
August 8, 2024 City Council Meeting
15 Position Letters
Submitted So Far
during the California 2024
Legislative Session
Guiding Principles
SB 252
SB 905
SB 937
SB 982
SB 1164
SB 1299
SB 1330
Below identifies which guiding
principles are impacted by the
bills
13 of 15
bills
submitted
11 of 15
bills
submitted
1 of 15
bills
submitted
Bills by Topic
AB 1782
AB 1820
AB 1839
AB 2042
AB 2330
AB 2485
AB 2557
AB 2561
Collaboration
Below are some agencies
referenced when monitoring bills
visit cityoflaverne.org/legislation
to learn more about these bills
Housing

33.3%
HR/Finance

26.7%
Police

26.7%
Fire

6.7%
Public Works

6.7%

Council Agenda Packet - August 5, 2024

CITY OJ

LAVERNE
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•
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•
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•
•
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CAL

LEAGUE OF

CALIFORN IA
CITIES

MATTERS
[fiml California State
~ Association of Counties
Bills in Detail
August 8, 2024 City Council Meeting
SB 252 (Oppose) - Would require CalPERS to divert investments in the fossil fuel sector, which would have vast fiscal implications SB 1299 (Oppose) - Would divert general Workers’ Comp funds to a sector-specific program
AB 2557 (Oppose) - Would require additional reporting for certain government contracts
AB 2561 (Oppose) - Would require cities with high vacancy rates to develop strategies and hold a public hearing to discuss how to resolve the high vacancy rates
H o u s i n g
Admin/HR
P o l i c e
SB 905 (Support) - Could create a new felony charge for any person who forcibly enters a vehicle with intent to commit a crime SB 982 (Support) - Would remove the sunset on critical enforcement provisions regarding organized theft
AB 1839 (Support) - Would create a grant program to encourage policing degrees at California community colleges
AB 2042 (Oppose) - Would require more regimented standards and training for police canines
SB 937 (Oppose) - Would delay collection of development impact fees until issuance of a certificate of occupancy
SB 1164 (Oppose) - Would remove certain fees and taxations on ADUs AB 1782 (Support) - Would allow additional redevelopment funds be used for homeless prevention
AB 1820 (Oppose) - Would mandate fee estimates for housing projects to be finalized on a more streamlined schedule AB 2485 (Support) - Would require the HCD to display their calculations when developing RHNA numbers
SB 1330 (Support) - Would
loosen water conservation
regulations and extend
compliance deadlines
AB 2330 (Support) -
Would streamline
wildfire preparedness
activities in fire hazard
severity zones
F i r e Water

Council Agenda Packet - August 5, 2024
CITY Of

LAVERNE
City of La Verne,City Council
Agenda Report

DATE: August 5, 2024
TO: Honorable Mayor and City Council
FROM: Debra Fritz, Deputy City Clerk
SUBJECT: RESOLUTION CANCELING THE AUGUST 19, 2024, CITY COUNCIL MEETING.

SUMMARY
The second Council Meeting in August 2024, is requested to be canceled due to lack of business. This item requires a resolution to cancel the meeting.

RECOMMENDATION
That the City Council approve the attached Resolution titled, "A RESOLUTION OF THE CITY COUNCIL, CITY OF LA VERNE, CALIFORNIA, CANCELING THE AUGUST 19, 2024, CITY COUNCIL MEETING."

DISCUSSION
The second City Council meeting in August 2024 is requested to be canceled due to lack of business.

FISCAL ANALYSIS
Not applicable.

ENVIRONMENTAL ANALYSIS
Not applicable.

LEGAL REVIEW
The City Attorney has reviewed and approved this report.

ATTACHMENTS

1. Resolution Canceling August 19 meeting

Council Agenda Packet - August 5, 2024
RESOLUTION NO. 24-XX

A RESOLUTION OF THE CITY COUNCIL, CITY OF LA VERNE, CALIFORNIA, CANCELING THE AUGUST 19, 2024, CITY COUNCIL MEETING.

BE IT RESOLVED by the City Council of the City of La Verne as follows:

Section 1. City Council Meetings are set forth by La Verne Municipal Code Section

2.08.10 as being held at least once a month at such times as the City Council shall from time to time fix by resolution.

Section 2. Resolution 23-51 set forth that City Council Meetings are to be held the first and third Monday of each month, except as otherwise ordered by the City Council.

Section 3. Due to a lack of foreseeable items of business, the August 19, 2024, meeting shall be canceled.

Section 4. That the Mayor shall sign and the Deputy City Clerk shall certify to the passage and adoption of this resolution and thereupon the same shall take effect and be in force.

PASSED, APPROVED AND ADOPTED this 5th day of August, 2024.

______________________________________
Mayor Tim Hepburn
ATTEST:
_______________________________
Debra Fritz, Deputy City Clerk

Council Agenda Packet - August 5, 2024

CERTIFICATION
I hereby certify that the foregoing Resolution No. 24-XX was duly and regularly adopted by the City Council of the City of La Verne at a meeting thereof held on the 5th day of August, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

____________________________________
Debra Fritz, Deputy City Clerk

Council Agenda Packet - August 5, 2024
City of La Verne,City Council
Agenda Report

DATE: August 5, 2024
TO: Honorable Mayor and City Council
FROM: JR Ranells, Assistant City Manager
SUBJECT: RESOLUTIONS ADOPTING BUDGETS FOR LA VERNE MOBILE COUNTRY

CLUB MOBILE HOME PARK AND VALLEY RANCHO MOBILE HOME PARK

SUMMARY
Annually, the La Verne Public Financing Authority (LVPFA) reviews and approves the operating budgets for the two City owned mobile home parks. The budgets do not reflect significant changes from previous years and are attached for the La Verne Public Financing Authority’s consideration and adoption.

RECOMMENDATION
That the La Verne Public Financing Authority:

1. Adopt the attached Resolution titled, “A RESOLUTION OF THE LA VERNE PUBLIC

FINANCING AUTHORITY ADOPTING A BUDGET FOR LA VERNE MOBILE COUNTRY CLUB MOBILE HOME PARK; and,

2. Adopt the attached Resolution titled, “A RESOLUTION OF THE LA VERNE PUBLIC

FINANCING AUTHORITY ADOPTING A BUDGET FOR VALLEY RANCHO MOBILE HOME PARK.

DISCUSSION
At the time the LVPFA acquired each of the parks, it was determined there would be an annual review of their budgets. In line with the operating agreement, Haven Management Services prepares the budgets with the assistance of Staff by evaluating each mobile home park’s anticipated needs as well as increases associated to current trends. Additionally, the City Council assigned Mobile Home Park Liaisons Mayor Hepburn and Council Member Crosby have reviewed the draft budgets prior to bringing forth to the full LVPFA for final approval.

This year’s proposed budgets have sufficient revenues generated to support the recommended activities and allow each mobile home park to function independently without subsidy from City sources.

La Verne Mobile Country Club (LVMCC)

A significant amount of the revenues generated from this park are utilized for the bond payment used to purchase the park in 1996. This year will mark the 28th year of the 30-year bond payment ultimately ending in 2026.

Council Agenda Packet - August 5, 2024
Resolutions Adopting Budgets for La Verne Mobile Country Club Mobile Home Park and Valley Rancho Mobile Home Park, Page 2

Revenues are expected to be relatively flat with an estimated three percent (3%) increase in space rent for March 2025. In line with the water meter project and associated billing for water, there is an associated reduction in space rent. However, this is anticipated to have a neutral effect on the overall budget. Included in this year’s budget, is $42,000 for crack fill and sealcoating the interior streets, $50,000 for driveway and $50,000 for wall repairs as well as $9,000 for remodeling the park’s laundry room.

As part of the Bond financing utilized to purchase the park, the Homeowners Council reviews the draft budget and provides feedback for consideration. The Homeowner’s Council is supportive of the LVPFA’s approval of the budget as submitted.

Valley Rancho Mobile Home Park

Expenditures for this mobile home park budget are similar to prior years with additional funding going toward recent staffing changes such as a new manager, new part-time employee, refurbishing the onsite manager’s unit, and re-plastering the community pool.

FISCAL ANALYSIS
The recommended actions are supported separately by their respective space rent revenues.

ENVIRONMENTAL ANALYSIS
Not applicable.

LEGAL REVIEW
This report was reviewed and approved by the City Attorney.

ATTACHMENTS

1. Reso - LVMCC 24 25 Budget

2. La Verne Mobile Proposed 24-25 Budget

3. Reso - Valley Rancho 24 25 Budget

4. Valley Rancho - Propose
d 24-25 Budget

Council Agenda Packet - August 5, 2024
RESOLUTION NO. JPFA-XX

A RESOLUTION OF THE LA VERNE PUBLIC FINANCING AUTHORITY, ADOPTING A 2024–25 BUDGET FOR LA VERNE MOBILE COUNTRY CLUB

MOBILE HOME PARK
WHEREAS, the La Verne Public Financing Authority issued revenue bonds to finance the acquisition of a mobile home park, La Verne Mobile Country Club in July 1996; and
WHEREAS, the La Verne Public Financing Authority and the Park Manager are required to prepare and submit a proposed annual budget for the 2024-2025 bond year; and
WHEREAS, On August 5, 2024, the La Verne Public Financing Authority reviewed and considered its proposed budget for the 2024-25 bond year and provided an opportunity for public comment.

NOW THEREFORE, BE IT RESOLVED by the La Verne Public Financing Authority as follows:

Section 1. That the budget proposed by the Park Manager for the bond year ending August 31, 2025, as revised by the La Verne Public Financing Authority, be and the same, with proposed net park revenues (total revenues less total operating expenses) totaling $639,724, is hereby approved and adopted.

Section 2. The Chairman shall sign and the Secretary shall certify to the passage and adoption of this Resolution and thereupon the same shall take effect and be in force.

PASSED, APPROVED AND ADOPTED this 5th of August, 2024.

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Tim Hepburn, Chairman
ATTEST:
________________________________
Debra Fritz, Secretary

Council Agenda Packet - August 5, 2024

Council Agenda Packet - August 5, 2024
La Verne Mobile Country Club
Proposed 24-25 Budget
Proposed
2024-2025 2023-2024 2023-2024
Budget Actual Budget
INCOME
Space Rental Income:

Scheduled Gross Rental Inc 1,400,376 1,410,450 1,415,524 assumes 3.0% increase; lower due to water breakout Concessions (7,200) (3,815) (4,200) rent assistance program; expect more applicants Vacancies
Management Housing (30,000) (26,040) (30,000)
Net Delinquencies/Writeoff 1,888
Total Space Rental Income 1,363,176 1,382,483 1,381,324 Utility Income:

Electric 214,100 214,453 225,165 based on prior year
Gas 102,500 101,799 122,955 based on prior year
Water 42,000 3,546 based on prior year average usage
Cable 4,680 7,918 prior year had a lump sum payment
Total Utility Income 363,280 327,717 348,120
Miscellaneous Income:

Late/NSF Fees 600 812 600
LaundryNending 65 47
Parking/Storage 5,760 5,720 5,280
Miscellaneous (8)
Total Miscellaneous Income 6,425 6,570 5,880
Total Income 1,732,881 1,716,769 1,735,324
EXPENSES:

Payroll Expenses:

Manager/Assistant Manager 107,850 97,713 99,900 assumes a 4.69% increase in January Bonus 3,500 3,000 3,000
Payroll Tax Expense 11,692 8,387 10,803 10.5% of payroll Insurance/Other Benefits 11,244 10,217 10,584 based on prior year; 10% increase Worker's Comp/ADP Fees 15,032 13,263 13,893 13.5% of payroll Total Payroll Expense 149,318 132,580 138,180
Utility Expense:

Electric 253,300 235,706 267,525 based on prior two years Gas/Oil 128,800 80,281 162,200 based on prior two years Trash 27,768 26,402 26,508 assumes 5.17% increase
Water 46,600 49,922 53,250 based on prior two years
Sewer 26,400 26,148 27,000 based on prior year
Cable TV 2,436 2,235 3,000 based on prior year
Total Utility Expense 485,304 420,695 539,483
Repairs & Maintenance:

Bldg. Repair/Maintenance 10,800 15,951 56,000 includes laundry room rehab Contingency Reserve 3,600 3,600
Cleaning/Janitorial 18,000 17,728 18,000
Elec. System Repair/Maint 4,020 30,618 20,200 includes 25 meters Equipment Expense 720 2,022 2,400
Furnishings/Appliances 3,204 1,505 1,500
Gas System Repair/Maint 21,650 12,521 6,600 includes 25 meters/gas leak survey/valve replacemt.

Heating/Air Conditioning 1,800 1,800
Landscaping 30,984 14,837 33,200 inc tree trimming
Locks/Keys 300 93 240
Maintenance Supplies 3,600 3,178 4,800
Pest Control 6,804 6,695 6,480
Pool/Spa/Fountain 13,980 188,904 64,500
Sewer Sys. Repair/ Maint 9,000 7,773 9,800 inc quarterly hydrojetting

Council Agenda Packet - August 5, 2024
La Verne Mobile Country Club
Proposed 24-25 Budget
Proposed
2024-2025 2023-2024 2023-2024
Budget Actual Budget
Signage 600 376 1,200
Street Lighting 1,560 1,565 3,600
Street Repairs 87,000 2,102 2,400 includes street crack fill & sealcoat; driveway repairs Street Sweeping 2,880 2,640 2,880
Vehicles 2,160 2,300 1,800
Walls/Fences/Gates 52,100 954 1,800 includes $50,000 wall repair allowance Water System Repairs/Main! 2,400 2,149 4,200 includes 25 meters and maintenance Manager House 1,920 1,804 1,200
Total Repairs & Maintenance 279,082 315,714 248,200
Insurance, Tax & License:

Insurance 65,373 62,260 60,973 estimated 5% increase
Property Tax 7,213 7,068 6,772 estimated 2% increase
License/Fees/Permits 7,506 7,940 7,030
Total Insurance, Tax & License 80,092 77,268 74,775
Outside Services:

Legal/Collections 8,400 4,332 7,800
Management Fees 60,852 58,524 58,048 assumes 3% per contract Patrol/Alarm 2,100 299 1,800 allowance for camera maintenance/upgrades Other Outside Services 720 530 2,400
Total Outside Services 72,072 63,685 70,048
Advertising & Promotion:

Resident Relations 3,600 183 3,600 Social Committee did not spend much in 2023-2024 Total Advertising & Promotion 3,600 183 3,600
General & Administrative:

Billing Service 4,668 4,516 4,380
Dues/Subscriptions 925 925 900
Education / Seminars 1,680 1,548 1,800
Office Supplies 4,200 4,014 4,200
Postage/Messenger Service 600 564 900
Service Charges-Bank 600 482 2,400
Telephone/Answering/Pager 9,996 9,625 8,400
Title Search/Credit Report 720 675 336
Travel/Mileage/Allowance 300 146
Total General & Administrative 23,689 22,496 23,316
Total Operating Expenses 1,093,157 1,032,620 1,097,602
Net Operating Income 639,724 684,150 637,722
RESOLUTION NO. JPFA-XX

A RESOLUTION OF THE LA VERNE PUBLIC FINANCING AUTHORITY, ADOPTING A 2024–25 BUDGET FOR VALLEY RANCHO MOBILE HOME PARK WHEREAS, the La Verne Public Financing Authority acquired Valley Rancho Mobile Home Park in April, 2000; and
WHEREAS, the La Verne Public Financing Authority and the Park Manager are required to prepare and submit a proposed annual budget for 2024-2025; and WHEREAS, On August 5, 2024, the La Verne Public Financing Authority reviewed and considered its proposed budget for 2024-25 and provided an opportunity for public comment.

NOW THERFORE, RBE IT RESOLVED by the La Verne Public Financing Authority as follows:

Section 1. That the budget proposed by the Park Manager for the year ending June 30, 2025, as revised by the La Verne Public Financing Authority, be and the same, with proposed net park revenues (total revenues less total operating expenses) totaling $100,548 is hereby approved and adopted.

Section 2. The Chairman shall sign and the Secretary shall certify to the passage and adoption of this Resolution and thereupon the same shall take effect and be in force.

PASSED, APPROVED AND ADOPTED this 5th of August, 2024.

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Tim Hepburn, Chairman
ATTEST:
________________________________
Debra Fritz, Secretary

Council Agenda Packet - August 5, 2024

Council Agenda Packet - August 5, 2024
Valley Rancho
Proposed 2024-2025 Budget
Proposed
2024-2025 2023-2024 2023-2024
Budget Actual Budget
INCOME
Space Rental Income:

Scheduled Gross Rental Inc 179,184 176,745 171,670 3.9% increase as of 9/24 Vacancies/COC's (7,770) (3,613) (9,180) allowance for one space vacancy Concessions (500)
Management Housing (8,430) (7,920) (8,400)
Write-Off (1,800) (1,262) (11,400)
Net Delinquencies/Writeoff (1,934}
Total Space Rental Income 161,184 161,517 142,690
Other Rental Income:

Coach Rental Income 148,466 153,043 153,050 assumes 3.9% increase as of 9/24 RV Rental Income 265,940 242,302 246,400 assumes 3.9% increase as of 9/24 Apartment Rental Income 16,850 16,240 16,240 assumes 3.9% increase as of 9/24 Total Other Rental Income 431,256 411,585 415,690
Utility Income:

Electric 3,400 3,593 3,000 based on prior year
Gas 13,500 14,038 18,600 based on prior year
Trash 18,000 14,453 18,000
Water 6,750 7,118 6,955 based on prior year
Total Utility Income 41,650 39,203 46,555
Miscellaneous Income:

Late/NSF Fees 1,200 1,550 600
LaundryNending Machine 4,800 5,833 4,800
Parking/Storage 4,524 4,498 4,200
Total Miscellaneous Income 10,524 11,881 9,600
Sale of Assets 500
Total Income 644,614 624,685 614,535
EXPENSES:

Payroll Expenses:

Manager/Assistant Manager 95,050 60,356 83,200 new staffing 7/1/24; 3.0% increase as of 1/25 Bonus 1,500 453 1,500
Payroll Tax Expense 9,172 5,218 8,894 assumes 9.50% rate Insurance/Other Benefits 9,600 32 9,600
Workers' Comp/ADP Fees 12,552 7,943 11,435 assumes 13% rate Total Payroll Expense 127,874 74,002 114,629
Utility Expense:

Electric 104,400 104,952 102,855 based on prior year
Gas/Oil 7,915 7,684 8,200 based on prior year
Trash 26,100 25,668 23,760 inc recycle and organic
Water 17,928 17,650 19,700 based on prior year
Sewer 20,874 20,874 21,000 based on prior year
Total Utility Expense 177,217 176,827 175,515
Repairs & Maintenance:

Council Agenda Packet - August 5, 2024
Valley Rancho
Proposed 2024-2025 Budget
Proposed
2024-2025 2023-2024 2023-2024
Budget Actual Budget
Bldg. Repair/Maintenance 26,500 1,950 3,000 manager home remodel Contingency Reserve 2,400 2,400
Bldg./Coach Rental Expense 21,600 27,032 72,000 for repairs/rehab Cleaning/Janitorial 3,600 20,474 18,000 no longer contracting out cleaning services Elec. System Repair/Maint 3,300 3,771 1,500 conversion
Equipment Expense 3,000 3,047
Furnishings/Appliances 900 540 1,200
Gas System Repair/Maint 6,000 1,219 1,500 conversion
Heating/Air Conditioning 3,000 5,979
Landscaping 30,000 33,610 22,400 inc tree trimming
Locks/Keys 300 101 300
Maintenance Supplies 4,800 4,082 2,400
Pest Control 660 910 2,400
Pool/Spa/Fountain 33,850 10,851 6,000 pool replaster @ $24,370 Sewer Sys. Repair/ Maint 4,200 3,895 4,800
Signage 300 297 300
Street Lighting 1,200 693 1,200
Street Repairs 600 214 900
Street Sweeping 1,692 1,689 1,740
Vehicles 1,680
Walls/Fences/Gates 600 60 1,800
Water System Repairs/Maint 7,500 6,820 3,900
Mgr/Asst. Mgr Homes 600 225 1,200
Total Repairs & Maintenance 158,282 127,460 148,940
Insurance, Tax & License:

Insurance 23,590 22,466 20,843 assumes 5% inc
Property Tax 1,056 975 881 assumes 2% inc
License/Fees/Permits 8,579 8,581 6,805
Total Insurance, Tax & License 33,225 32,022 28,529
Outside Services:

Legal/Collections 4,800 5,622 6,600
Management Fees 27,624 26,604 26,766 3.9 % increase per contract Patrol Services
Personnel Expenses
Other Outside Services 1,200 540 1,500
Total Outside Services 33,624 32,766 34,866
Advertising & Promotion:

Resident Relations 600 204 600
Total Advertising & Promotion 600 204 600
General & Administrative:

Billing Service 2,088 1,849 1,956
Dues/Subscriptions 925 925 900
Education / Seminars 2,011 1,436 500
Office Supplies 2,820 2,525 900
Postage/Messenger Service 300 175 600
Service Charges-Bank 420 290 2,100
Telephone/ Answering/Pager 4,020 3,933 3,600

Council Agenda Packet - August 5, 2024
Valley Rancho
Proposed 2024-2025 Budget
Proposed
2024-2025 2023-2024 2023-2024
Budget Actual Budget
Title Search/Credit Report 360 115 240
Travel/Mileage Allowance 300 286
Total General & Administrative 13,244 11,534 10,796
Total Operating Expenses 544,066 454,815 513,875
Net Operating Income 100,548 169,870 100,660

Council Agenda Packet - August 5, 2024
City of La Verne,City Council
Agenda Report

DATE: August 5, 2024
TO: Honorable Mayor and City Council
FROM: Debra Fritz, Deputy City Clerk
SUBJECT: CONFIRMATION OF WEED ABATEMENT CLEARANCE CHARGES FOR FISCAL YEAR 2024-2025.

SUMMARY
The Los Angeles County Department of Agriculture has prepared a report for City Council consideration of weed clearance costs for appropriate parcels within the City. Pursuant to law, a copy of the Fiscal Year 2024-2025 Weed Clearance Charges was posted on the City's website.

RECOMMENDATION
That the City Council confirm the list of charges and direct the County Auditor to enter the assessments against the parcels of land on the current assessment roll.

DISCUSSION
On February 5, 2024, the City Council declared the list of properties that have been found by inspections to have noxious or dangerous weeds, rubbish, etc. growing upon or in front of said property. A notice of a protest hearing that was held on February 20, 2024, before the City Council was mailed to each affected property owner to register objections to the abatement of said weeds and charges by the County of Los Angeles. In the same notice, property owners were notified that the cost of clearance charges would be submitted to City Council for confirmation for the incurred costs of removing such weeds, rubbish, etc., on each parcel of land.

FISCAL ANALYSIS
No Financial Impact. Property owners are charged by Los Angeles County for the incurred costs of weed abatement.

ENVIRONMENTAL ANALYSIS
Not applicable.

LEGAL REVIEW
The City Attorney has reviewed and approved this report.

ATTACHMENTS

1. LA County Weed Abatement

2. Weed Abatement
Charges - La Verne 7-25-24

Council Agenda Packet - August 5, 2024
Confirmation of Weed Abatement Clearance Charges for Fiscal Year 2024-2025., Page 2

Council Agenda Packet - August 5, 2024

Council Agenda Packet - August 5, 2024

KEY MAPBOOK PAGE PARCEL ZONE CITY CODE CHARGES
B 8375 010 001 3 370 51.59
B 8375 026 066 3 370 51.59
B 8375 026 068 3 370 51.59
B 8378 003 013 3 370 51.59
B 8378 003 034 3 370 51.59
B 8378 004 025 3 370 51.59
B 8378 005 005 3 370 51.59
B 8378 007 030 3 370 51.59
B 8378 007 031 3 370 51.59
B 8378 007 032 3 370 51.59
B 8378 007 036 3 370 51.59
B 8378 007 037 3 370 51.59
B 8378 007 039 3 370 51.59
B 8378 008 011 3 370 51.59
B 8378 010 041 3 370 51.59
B 8378 012 033 3 370 51.59
B 8378 013 082 3 370 51.59
B 8378 013 083 3 370 51.59
B 8378 014 004 3 370 51.59
B 8378 014 005 3 370 51.59
B 8378 025 113 3 370 51.59
B 8378 028 006 3 370 51.59
B 8378 029 020 3 370 51.59
B 8381 033 017 3 370 51.59
B 8381 036 023 3 370 51.59
B 8382 006 039 3 370 51.59
B 8382 006 042 3 370 51.59
B 8382 006 043 3 370 51.59
B 8382 006 044 3 370 51.59
B 8382 006 049 3 370 51.59
B 8382 006 050 3 370 51.59
B 8382 006 051 3 370 51.59
B 8382 006 052 3 370 51.59
B 8382 006 053 3 370 51.59
B 8382 006 054 3 370 51.59
B 8382 006 055 3 370 51.59
B 8382 006 061 3 370 51.59
B 8382 006 062 3 370 51.59
July 25, 2024
City of La Verne
Weed Abatement Charges

Council Agenda Packet - August 5, 2024

KEY MAPBOOK PAGE PARCEL ZONE CITY CODE CHARGES
July 25, 2024
City of La Verne
Weed Abatement Charges
B 8382 006 065 3 370 51.59
B 8382 024 170 3 370 51.59
B 8382 024 176 3 370 51.59
B 8382 025 192 3 370 51.59
B 8391 021 059 3 370 51.59
B 8391 026 040 3 370 51.59
B 8391 026 070 3 370 51.59
B 8664 010 030 3 370 51.59
B 8664 010 031 3 370 51.59
B 8664 010 032 3 370 51.59
B 8664 010 033 3 370 51.59
B 8664 010 034 3 370 51.59
B 8664 010 035 3 370 51.59
B 8664 010 036 3 370 51.59
B 8664 010 037 3 370 51.59
B 8664 010 038 3 370 51.59
B 8664 010 039 3 370 51.59
B 8664 015 030 3 370 51.59
B 8664 017 002 3 370 51.59
B 8664 035 019 3 370 51.59
B 8665 019 133 3 370 51.59
B 8665 030 045 3 370 51.59
B 8666 005 041 3 370 51.59
B 8666 005 044 3 370 51.59
B 8666 009 032 3 370 51.59
B 8666 051 028 3 370 51.59
B 8666 051 029 3 370 51.59
B 8666 054 038 3 370 51.59
B 8666 059 009 3 370 51.59
B 8666 063 034 3 370 51.59
B 8678 022 012 3 370 51.59
B 8678 023 020 3 370 51.59
B 8678 023 026 3 370 4,669.24
B 8678 023 027 3 370 7,481.10
B 8678 023 031 3 370 51.59
B 8678 024 019 3 370 51.59
B 8678 024 021 3 370 51.59
B 8678 024 022 3 370 51.59

Council Agenda Packet - August 5, 2024

KEY MAPBOOK PAGE PARCEL ZONE CITY CODE CHARGES
July 25, 2024
City of La Verne
Weed Abatement Charges
B 8678 027 029 3 370 51.59
B 8678 027 036 3 370 51.59
B 8678 027 273 3 370 51.59
B 8678 034 051 3 370 51.59
B 8678 066 021 3 370 51.59
B 8678 067 270 3 370 51.59
B 8678 067 271 3 370 51.59
B 8678 072 047 3 370 51.59
B 8678 073 013 3 370 51.59
B 8678 074 020 3 370 51.59
B 8678 074 027 3 370 51.59
87 16,535.49
0 TOTAL CHARGES -
2 TOTAL CHARGES $12,150.34
85 TOTAL CHARGES $4,385.15
87 TOTAL CHARGES $16,535.49
TOTAL INSPECTION FEE ONLY PCLS =

TOTAL PARCELS
TOTAL IMPROVED PARCELS =
TOTAL UNIMPROVED PARCELS =

Council Agenda Packet - August 5, 2024
City of La Verne,City Council
Agenda Report

DATE: August 5, 2024
TO: Honorable Mayor and City Council
FROM: Ken Domer, City Manager
SUBJECT: SUPPORT FOR THE HOMELESSNESS, DRUG ADDICTION, AND THEFT

REDUCTION ACT

SUMMARY
City staff were directed by City Council to place an item on a future agenda regarding support for Proposition 36, The Homelessness, Drug Addiction & Theft Reduction Act (23-0017 A1), which will be on the November 2024 Ballot. This measure aims to reform Proposition 47 through various changes to current law related to increased sentences for various drug and theft-related crimes, as defined.

RECOMMENDATION
That the City Council approve a resolution entitled "A RESOLUTION OF THE CITY COUNCIL,

CITY OF LA VERNE, CALIFORNIA, SUPPORTING THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT."

DISCUSSION
The motivation behind the Homelessness, Drug Addition, and Theft Reduction Act (Proposition 36) stems from the increase in homelessness, drug addiction, and theft in California following the passage of Proposition 47 in 2014, which reduced the legal consequences for drug possession and theft. Since then, homelessness in California has risen by 51%, while other states have seen a decline. La Verne, in particular, has seen a marked increase in both theft and homelessness. Between 2019 and 2023, theft/larceny incidents in La Verne increased by 25%, and calls related to the homeless surged by 172%. Given these upward trends, the California District Attorney’s Association worked to create reforms in a comprehensive and effective manner which has generated support from all sides of the criminal justice reform debate.

The Homelessness, Drug Addiction, and Theft Reduction Act aims to address and reform laws contributing to the increase in homelessness, drug addiction, and theft throughout California. A key component of the measure is the introduction of a "treatment-mandated felony" for hard drug possession after two prior convictions. This allows offenders the option of treatment instead of jail time, with successful completion of the treatment program resulting in expunged charges. This initiative aims to break the cycle of addiction and homelessness.

The Act also expands the inclusion of fentanyl in existing laws that prohibit possession of hard

Council Agenda Packet - August 5, 2024
Support for the Homelessness, Drug Addiction, and Theft Reduction Act, Page 2

drugs while armed with a firearm and trafficking large quantities of these drugs. Judges would have the discretion to sentence drug dealers to state prison instead of county jail when convicted of trafficking large quantities of hard drugs or being armed with a firearm during trafficking. Additionally, the measure reinstates penalties for drug dealers whose actions result in death or serious injury and increases penalties for repeat offenders.

In addressing theft, the measure proposes to reinstate felony charges for repeat offenders and introduce new laws to combat "smash and grab" thefts. Offenders with multiple theft convictions could face felony charges regardless of the value of the stolen property. Enhanced penalties would be available for thefts involving significant losses or multiple perpetrators. These provisions, combined with the drug treatment initiatives, are designed to reduce crime and mitigate its social impacts across California.

At one point, Governor Newsom and the Democratic Legislative leadership proposed a separate initiative through Senate Bill 1381 that required targeted modifications in Proposition 47 to address crime trends without, in their proposal, having a significant increase in the State's prison population. Some key differences in Proposition 36 than what was contained in SB 1381 include: adding fentanyl to the list of hard drugs for increased sentencing; increased serial theft penalties; and creates a new treatment-mandated felony which allows an option of participating in a drug and mental health treatment versus jail time. A comparison matrix is attached. SB 1381 did not meet the necessary deadline to be placed on the ballot by the Legislature, therefore only Proposition 36 is on the November ballot.

Over 350 small and local businesses, 50 business organizations, over 100 elected officials, 96 public safety leaders across California, and others, have joined in support of the Homelessness, Drug Addiction, and Theft Reduction Act.

FISCAL ANALYSIS
None.

ENVIRONMENTAL ANALYSIS
None.

LEGAL REVIEW
The City Attorney has reviewed and approved this report and the attached Resolution.

ATTACHMENTS

1. Resolution - Homelessness Drug Addiction and Retail Theft Reduction Act

2. 23-0017A1 Initiative Text

3. Serial T
heft and Drug Reform Initiatives - Similarities and Differences

Report Prepared By:

Andrea Blockinger, Administrative Analyst

Council Agenda Packet - August 5, 2024
RESOLUTION NO. 24-XX

A RESOLUTION OF THE CITY COUNCIL, CITY OF LA VERNE, CALIFORNIA,

SUPPORTING THE HOMELESSNESS, DRUG ADDICTION, AND THEFT

REDUCTION ACT
WHEREAS, the passage of Proposition 47 in 2014 led to unintended consequences including the increase in organized retail theft and difficulty convincing people to seek drug and mental health treatment; and
WHEREAS, serious reform to Proposition 47 cannot come from legislative action alone, it must come through a voter initiative; and
WHEREAS, Initiative 23-007A1, the Homelessness, Drug Addiction, and Theft Reduction Act, has qualified for the 2024 November General Election; and WHEREAS, the Homelessness, Drug Addiction, and Theft Reduction Act is a bi- partisan measure that provides targeted reforms to Proposition 47 that legislative proposals alone are unable to deliver; and
WHEREAS, the Homelessness, Drug Addiction, and Theft Reduction Act aims to reinstate felony convictions for repeat offenders, increase drug and mental health treatment, and enhance penalties for organized theft and destruction of property.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Verne as follows:

Section 1. That the La Verne City Council supports Initiative No. 23-007A1, known as the Homelessness, Drug Addiction, and Theft Reduction Act.

Section 2. That the Mayor shall sign and the Deputy City Clerk shall certify to the passage and adoption of this resolution and thereupon the same shall take effect and be in force.

PASSED, APPROVED AND ADOPTED this 5th day of August, 2024. ______________________________________
Mayor Tim Hepburn
ATTEST:

Council Agenda Packet - August 5, 2024
_______________________________
Debra Fritz, Deputy City Clerk

CERTIFICATION
I hereby certify that the foregoing Resolution No. 24-XX was duly and regularly adopted by the City Council of the City of La Verne at a meeting thereof held on the 5th day of August, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Debra Fritz, Deputy City Clerk

Council Agenda Packet - August 5, 2024
23-0017 A1

Council Agenda Packet - August 5, 2024

BELL, MCANDREWS & HILTACHK, LLP

ATTORNEYS ANO COUNSELORS AT LAW
455 CAPITOL MALL, SUITE 600
SACRAMENTO, CALIFORNIA 95814
Anabel Renteria
Initiative Coordinator
Office of the Attorney General
State of California
PO Box 994255
Sacramento, CA 94244-25550
(916) 442-7757
FAX (9 16) 442-7759
www.bmhlaw.com
September 22, 2023
Re: Initiative 23-0017 - Amendment Number One
Dear Initiative Coordinator:

Pursuant to subdivision (b) of Section 9002 of the Elections Code, enclosed please find Amendment #1 to Initiative No. 23-0017, The Homelessness, Drug Addiction, and Theft Reduction Act. The amendments are reasonably germane to the theme, purpose or subject of the initiative measure as originally proposed.

I am the proponent of the measure and request that the Attorney General prepare a circulating title and summary of the measure as provided by law, using the amended language.

Thank you for your time and attention processing my request.

Sincerely,
~
Thomas W. Hiltachk
23-0017 A1

Council Agenda Packet - August 5, 2024

THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT SECTION 1. Title
This Act shall be known as The Homelessness, Drug Addiction, and Theft Reduction Act.

SECTION 2. Purposes and Intent
This measure will reform laws that have dramatically increased homelessness, drug addiction, and theft throughout California.

This measure will:

A. Provide drug and mental health treatment for people who are addicted to hard drugs such as fentanyl, cocaine, heroin, and methamphetamine.

B. Add fentanyl to existing laws that prohibit the possession of hard drugs while armed with a loaded firearm.

C. Add fentanyl to existing laws that prohibit the trafficking of large quantities of hard drugs.

D. Permit judges to use their discretion to _sentence drug dealers to state prison instead of county jail when they are convicted of trafficking hard drugs in large quantities or are armed with a firearm while engaging in drug trafficking.

E. W am convicted hard drug dealers and manufacturers that they can be charged with murder if they continue to traffic in hard drugs and someone dies as a result.

F. Reinstate penalties for hard drug dealers whose trafficking kills or seriously injures a drug user.

G. Increase penalties for people who repeatedly engage in theft.

H. Add new laws to address the increasing problem of "smash and grab" thefts that result in significant losses and damage, or that are committed by multiple thieves working together.
1

Council Agenda Packet - August 5, 2024
SECTION 3. Findings and Declarations
The People of the State of California find and declare as follows:

A. Reducing Homelessness Through Drug and Mental Health Treatment

1. California has reached a tipping point in its homelessness, drug, mental health, and theft crises. Our state has the highest rate of_homelessness per capita of any state in the. country. And drug overdoses now kill two to three times the number of people in California as car accidents.

2. Since the passage of Proposition 4 7 in 2014, homelessness in California has increased by 51 %, while during the same time period in the rest of the country, it has declined by 11 %. Proposition 4 7 reduced the legal consequences of both possession of hard drugs (fentanyl, cocaine, heroin, methamphetamine, and phencyclidine), and theft. The result has been massive increases in drug addiction, mental illness, and property crimes, including retail theft, committed by addicts to support their addiction. At the same time, California has seen a dramatic decrease in mental health and drug treatment for homeless people due to reduced incentives to participate in treatment. Our homelessness problem is directly connected to these unintended consequences of Proposition 4 7, which the voters now desire to correct.

3. Progressive states such as New Jersey, Maryland, Illinois, and Michigan have significantly stronger hard drug laws than California, and their homeless rate is 4 to 5 times lower than California's.

4. This proposal takes a modest step in the direction of these states by enacting a new class of crime called a "treatment-mandated felony." Under this new "treatment­ mandated felony," prosecutors would have the discretion to charge a felony for hard drug possession after two previous drug convictions. If charged with this "treatment-mandated felony" for a third or subsequent drug offense, the offender would be given the option of participating in drug and mental health treatment. If the offender successfully completes drug and mental health treatment, the charge would be fully expunged, and the offender would receive no jail time. If the offender refuses drug and mental health treatment, they would serve jail time for hard drug possession. For a second conviction of the treatment­ mandated felony (the 4th total conviction for hard drug possession), a judge would have the option of imposing time in jail or state prison. Along with hard drug and mental health treatment, offenders charged with a treatment-mandated felony would be offered shelter, job training, and other services designed to break the cycle of addiction and homelessness.

B. Cracking Down on Hard Drug Dealers

1. Fentanyl is the most dangerous drug that our nation has ever seen. Because it is largely produced synthetically, fentanyl is typically cheaper than other hard drugs. As a result, drug dealers now regularly include fentanyl in other drugs such as diet, anxiety, and 2

Council Agenda Packet - August 5, 2024
sleeping pills, cocaine, and heroin. Further, fentanyl is up to 50 times stronger than heroin. Therefore, a very tiny amount offentanyl can prove deadly. One kilogram (2.2 pounds) of fentanyl provides enough of the drug to manufacture four to ten million doses, or enough to kill 500,000 people. Finally, because such a small amount of fentanyl is necessary to create addiction, it is easier to smuggle across the border in smaller, yet much more deadly quantities.

2. This Act would authorize greater consequences for hard drug dealers whose trafficking kills or seriously injures a person who uses those drugs, and it would provide a mechanism to warn convicted hard drug dealers and manufacturers that they can be charged with murder if they continue to traffic in hard drugs and someone dies as a result.

3. This Act would add non-prescription fentanyl to an existing list of hard drugs such as heroin, cocaine, and methamphetamine, for which it is illegal to possess the drug while armed with a loaded firearm.

4. This Act would also add non-prescription fentanyl to an existing list of hard drugs such as heroin, cocaine, and methamphetamine that authorizes greater consequences for drug dealers who sell large quantities of hard drugs.

5. This Act also permits judges to sentence drug dealers who traffic in large quantities of hard drugs or who are armed with a firearm while trafficking in hard drugs to state prison instead of local county jails. Only our state prisons are equipped to manage security for hardened drug dealers and to provide them the rehabilitation services they need to safely re-enter society.

C. Accountability for Repeat Theft and Smash and Grab Thefts

1. Prior to Proposition 4 7, individuals who repeatedly engaged in theft could be charged with a felony. Prop 4 7 eliminated this repeat offender felony and instead provided that any theft up to $950 in value is now a misdemeanor - regardless of how many times the offender has committed theft. In practice, this means that an offender who repeatedly steals up to $950 in value faces virtually no legal consequences.

2. The result has been an explosion in retail and cargo theft causing stores throughout California to close to protect employees and customers from criminal activity that disrupts the efficient delivery of products directly to consumers and creates billions of dollars in economic losses to our local communities and state. This rapid increase in retail and cargo theft has also contributed to rising inflation, as businesses have been forced to raise prices to account for their economic losses. This retail and cargo theft explosion has collided with the fentany 1 epidemic, as hard drug users have engaged in brazen theft to support their drug habits, knowing that there will be no consequences for either their theft or their hard drug use.

3. Under this Act, an offender with two prior convictions for theft can be charged with a felony, regardless of the value of the stolen property. Diversion programs will continue to 3

Council Agenda Packet - August 5, 2024
exist, meaning that judges will retain discretion not to incarcerate an off ender even for more than two theft convictions. But prosecutors will have the ability to bring felony charges against hardened, repeat offenders who continue to engage in theft. Judges will have the discretion to sentence a repeat offender to jail in appropriate cases, or to state prison if an off ender is convicted four or more times of theft.

4. This Act also authorizes judges to exercise their discretion to impose an enhanced penalty when an offender steals, damages, or destroys property by acting together with two or more offenders or by causing losses of $50,000 or more. By permitting discretion in these scenarios, judges will be able to fashion sentences that are appropriate for the crime committed, including so-called "smash and grabs" committed by mobs or large groups of people working together.

5. The value of property stolen in multiple thefts will be permitted to be added together so that in appropriate cases an offender may be charged with felony theft instead of petty theft. This provision addresses the problem of offenders who commit a series of thefts in which the property stolen during each theft has a value under the $950 felony theft threshold, in order to insulate themselves from felony charges.

6. Along with the hard drug provisions in this Act, these theft law changes will stop the vicious cycle of hard drug users stealing to support their habits without legal consequences for their actions.

SECTION 4. Section 11369 is added to the Health & Safety Code to read:
11369. (a) This section shall be known, and may be cited, as Alexandra's Law. (b) The court shall advise a person who is convicted of, or who pleads guilty or no contest to, a violation of Section 11351, 11351.5, 11352, 11378, 11378.5, 11379, 11379.5, or 11379.6 involving a hard drug, of the following:
"You are hereby advised that it is extremely dangerous and deadly to human life to illicitly manufacture, distribute, sell, furnish, administer, or give away any drugs in any form, including real or counterfeit drugs or pills. You can kill someone by engaging in such conduct. All drugs and counterfeit pills are dangerous to human life. These substances alone, or mixed, kill human beings in ve1y small doses. If you illicitly manufacture, distribute, sell, furnish administer, or give away any real or counterfeit drugs or pills, and that conduct results in the death of a human being, you could be charged with homicide, up to and including the crime of murder, within the meaning of Section 187 of the Penal Code. "
(c) The advisory statement shall be provided to the defendant in writing, either on a plea form if used, as an addendum to a plea form, or at sentencing, and the fact that the advisory was given shall be specified on the record and recorded in the abstract of the conviction. 4

Council Agenda Packet - August 5, 2024
(d) (1) Except as provided in paragraph (2), as used in this section, "hard drug" means a substance listed in Sections 11054 or 11055, including a substance containingfentanyl; heroin, cocaine, cocaine base, methamphetamine, or phencyclidine, and the analogs of any of these substances as defined in Sections 11400 and 11401.
(2) As used in this section "hard drug'' does not include cannabis, cannabis products, peyote, lysergic acid diethylamide (LSD) or other psychedelic drugs such as mescaline and psilocybin (mushrooms), or any other substance listed in subdivisions (d) and (e) of Section 11054, or, with the exception of methamphetamine, any other substance listed in subdivision (d) of Section 11055.

SECTION 5. Section 11370.1 of the Health & Safety Code is amended to read:
11370.1. (a) Notwithstanding Section 11350 or 11377 or any other provision oflaw, every person who unlawfully possesses any amount of a substance containing cocaine base, a substance containing cocaine, a substance containing heroin, a substance containing methamphetamine, a substance containing fentanyl, a crystalline substance containing phencyclidine, a liquid substance containing phencyclidine, plant material containing phencyclidine, or a hand-rolled cigarette treated with phencyclidine while armed with a loaded, operable firearm is guilty of a felony punishable by imprisonment in the state prison for two, three, or four years.
(k) Subdivision {a) does not apply to any person lawfully possessing fentanyl, including with a valid prescription.
1£1 As used in this-subdivision {gJ_,_ "armed with" means having available for immediate offensive or defensive use.
-fat-( d) Any person who is convicted under this section shall be ineligible for diversion or deferred entry of judgment under Chapter 2.5 ( commencing with Section 1000) of Title 6 of Part 2 of the Penal Code.

SECTION 6. Section 11370.4 of the Health & Safety Code is amended to read:
11370.4. (a)--Afly-{1JA person convicted of a violation of, or of a conspiracy to violate, Section 11351, 11351.5, or 11352 with respect to a substance containing heroin, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, or cocaine as specified in paragraph (6) of subdivision (b) of Section 11055 shall receive an additional state prison term as follows:
(l}\l/here
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Council Agenda Packet - August 5, 2024
{A,lJfthe substance exceeds one kilogram by weight, the person shall receive an additional term of three years.
(2)Where
(ll)_Jfthe substance exceeds four kilograms by weight, the person shall receive an additional term of five years.
(3)Where
{{;l]f.the substance exceeds 10 kilograms by weight, the person shall receive an additional term of 10 years.
(4)'Nhere
{l2)_Jfthe substance exceeds 20 kilograms by weight, the person shall receive an additional term of 15 years.
(5)\Vhere
(Jj;)_Jfthe substance exceeds 40 kilograms by weight, the person shall receive an additional term of20 years.
(6)\Vhere
{EJ.Jfthe substance exceeds 80 kilograms by weight, the person shall receive an additional term of25 years .
.Ql_ The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense. (b) Aey-{J_)_A_ person convicted of a violation of, or of conspiracy to violate, Section 11378, 11378.5, 11379, or 11379.5 with respect to a substance containing methamphetamine, amphetamine, phencyclidine (PCP) and its analogs shall receive an additional state prison term as follows:
(l)\\7here
{A,lJfthe substance exceeds one kilogram by weight, or 30 liters by liquid volume, the person shall receive an additional term of three years.
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Council Agenda Packet - August 5, 2024
{JJ)_jf the substance exceeds four kilograms by weight, or 100 liters by liquid volume, the person shall receive an additional term of five years.
(3)Where
{QJf the substance exceeds 10 kilograms by weight, or 200 liters by liquid volume, the person shall receive an additional term of 10 years.
(4)\1/here
(J])_Jfthe substance exceeds 20 kilograms by weight, or 400 liters by liquid volume, the person shall receive an additional term of 15 years.

Ql In computing the quantities involved in this subdivision, plant or vegetable material seized shall not be included.
ill The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense. (c) (1) A person convicted ofa violation of or ofa conspiracy to violate. Section 11351 or 11352 with respect to a substance containing fentanyl shall receive an additional state prison term as .follo-ws:
(A) Jfthe substance exceeds 28.35 grams (one ounce) by weight. the person shall receive an additional term of three years.
(B) If the substance exceeds 100 grams by weight, the person shall receive an additional term of five years.
(C) Jfthe substance exceeds 500 grams by weight, the person shall receive an additional term of seven years.
(D) Jfthe substance exceeds one kilogram by weight. the person shall receive an additional term ofJ0 years.
(E) If the substance exceeds four kilograms by weight. the person shall receive an additional term of] 3 years.
(F) If the substance exceeds 10 kilograms by weight. the person shall receive an additional term ofJ6 years.
(G) Jfthe substance exceeds 20 kilograms by weight. the person shall receive an additional term ofl9 years.
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Council Agenda Packet - August 5, 2024
(H) If the substance exceeds 40 kilograms by weight. the person shall receive an additional term of22 years.
(I) If the substance exceeds 80 kilograms by weight. the person shall receive an additional term of25 years.
(2) The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier olfact finds that the defendant conspirator was substantially involved in the planning, direction. execution. or financing of the underlying offense. fej @.The additional terms provided in this section shall not be imposed unless the allegation that the weight of the substance containing heroin, fentanyl, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, cocaine as specified in paragraph (6) of subdivision (b) of Section 11055, methamphetamine, amphetamine, or phencyclidine (PCP) and its analogs exceeds the amounts provided in this section is charged in the accusatory pleading and admitted or found to be true by the trier of fact.
(e)Notwithstandingparagraph (9) o(subdivision (h) of Section 1170 of the Penal Code. a defendant convicted of an underlying violation specified in this section who admits an enhancement pursuant to this section or for whom an enhancement pursuant to this section is _found true. is punishable by imprisonment in the state prison and not pursuant to subdivision (h) o{Section 1170 ofthe Penal Code.
fdj {tlThe additional terms provided in this section shall be in addition to any other punishment provided by law.

W ..(g2Notwithstanding any other provision of law, the court may strike the additional punishment for the enhancements provided in this section if it determines that there are circumstances in mitigation of the additional punishment and states on the record its reasons for striking the additional punishment.

SECTION 7. Article 8 (commencing with Section 11395) is added to Chapter 6 of Division 10 of the Health & Safety Code, to read:
11395. (a) This section shall be known as the "Treatment-Mandated Felony. " (b) (1) Notwithstanding any other law, and except as provided in subdivision (d), a person described in subdivision (c) who possesses a hard 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 or pursuant to subdivision (h) of Section 1170 of the Penal Code. A second or subsequent conviction of this section, is punishable by imprisonment in the county jail not exceeding one year or by imprisonment in the state prison.
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(2) A person shall not be sentenced to jail or prison pursuant to this section unless a court determines that the person is not eligible or suitable for treatment or that any other circumstance described in paragraph (4) of subdivision (d) applies to that person. (c) Subdivision (b) applies to a person who has two or more prior convictions for a felony or misdemeanor violation of Sections 11350, 11351, 11351.5, 11352, 11353, 11353.5, 11353. 7, 11370.1, 11377, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380, or 11395, including a conviction that occurred before the effective date of this section. Prior convictions shall be alleged in the accusatory pleading, and either admitted by the defendant in open court or found to be true by the trier of fact.
(d) (l)(i) In lieu of a jail or prison sentence, or a grant of probation with jail as a condition of probation, a defendant charged with a violation of this section may elect treatment by pleading guilty or no contest to a violation of this section and admitting the alleged prior convictions, waiving time for sentencing and the pronouncement of judgment, and agreeing to participate in, and complete, a detailed treatment program developed by a drug addiction expert and approved by the court. A defendant's plea of guilty or no contest shall not constitute a conviction for any purpose unless judgment is entered pursuant to paragraph ( 4) for a violation of this section. (ii) Upon or subsequent to arraignment for a violation of this section, and at the request or with the consent of the defendant or their attorney, the court shall order a drug addiction expert to conduct a substance abuse and mental health evaluation of the defendant. The expert shall submit a report of the evaluation to the court and parties. The evaluation may be based on an interview of the defendant and/or other individuals with relevant knowledge and review of records the expert deems appropriate, such as medical records, criminal history, prior treatment history, and records pertaining to the current offense. If the defendant participates in the interview, neither the defendants interview nor evidence derived from the interview may be used against the defendant at any subsequent trial for the instant offense except for the purposes of impeachment should the defendant testify inconsistently. The evaluation shall detail the defendants drug abuse and/or mental health issues, if any, so the court and parties may better determine appropriate handling of the defendants case.
(iii) Concurrent with the order for a substance abuse and mental health evaluation of the defendant, and with the defendants consent, the court shall also order that a case worker or other qualified individual determine whether the defendant is eligible to receive Medi-Cal, Medicare, or any other relevant benefits for any programs or evaluations under this section. If the defendant did not previously consent to an eligibility determination at arraignment, the court shall order the eligibility determination upon and as a condition of the defendants agreement to participate in and complete a treatment program as described in this subdivision. (2) A treatment program may include, but is not limited to, drug treatment, mental health treatment, job training, and any other conditions related to treatment or a successful outcome for the defendant that the court finds appropriate. The court must hold regular hearings to review the progress of the defendant. The court shall make referrals to programs that provide services at no cost to the participant and have been deemed by the court, the drug addiction expert, and 9

Council Agenda Packet - August 5, 2024
the parties to be credible and effective. A defendant may also choose to pay for a program that is approved by the court.
(3) Upon the defendant's successful completion of the treatment program as specified in paragraph (2), the positive recommendation of the treatment program, and the motion of the defendant, prosecuting attorney, the court, or the probation department, the court shall dismiss this charge against the defendant and the provisions of Section 1000. 4 of the Penal Code, as it read on the effective date of this section, shall apply, including the provision that the arrest upon which the defendant was deferred shall be deemed to have never occurred A dismissal based on the successful completion of treatment shall not count as a conviction for any purpose, including for determining punishment pursuant to subdivision (b ). (4) If at any time it appears that the defendant is performing unsatisfactorily in the program, is not benefiting.from treatment, is not amenable to treatment, has refused treatment, or has been convicted of a crime that was committed since starting treatment, the prosecuting attorney, the court on its own, or the probation department may make a motion for entry of judgment and sentencing. After notice to the defendant, the court shall hold a hearing to determine whether judgment should be entered and the defendant sentenced Judgment shall be imposed and the defendant sentenced if the court finds true one or more of the foregoing circumstances. However, except when the defendant has been found to have been convicted of a crime that was committed since starting treatment, the court may re-refer the defendant to treatment if the court finds that it is in the interest of justice to do so, that the defendant is currently amenable to treatment, and if the defendant agrees to participate in, and complete, a treatment program as described in this section.
(5) For time spent in residential treatment, a defendant may earn only actual credits pursuant to Section 2900.5 of the Penal Code and shall not earn conduct credits pursuant to Section 4019 of the Penal Code or any other provision. Time spent in any other type of program or counseling is not eligible for any credits.
(e) (I) Except as provided in paragraph (2), as used in this section, "hard drug" means a substance listed in Sections 11054 or 11055, including a substance containingfentanyl, heroin, cocaine, cocaine base, methamphetamine, or phencyclidine, and the analogs of any of these substances as defined in Sections 11400 and 11401.
(2) As used in this section ''hard drug" does not include cannabis, cannabis products, peyote, lysergic acid diethylamide (LSD) or other psychedelic drugs such as mescaline and psilocybin (mushrooms), or any other substance listed in subdivisions (d) and (e) of Section 11054, or, with the exception of methamphetamine, any other substance listed in subdivision ( d) of Section 11055.
(I) Upon an arrest for a violation of this section, the court shall require judicial review prior to release to make an individualized determination of risk to public safety and likelihood to return to court.
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(g) This section shall not be construed to preclude prosecution or punishment pursuant to any other law.

SECTION 8. Section 490.3 is added to the Penal Code to read:
490. 3. Notwithstanding any other law, in any case involving one or more acts of theft or shoplifting, including but not limited to, violations of Sections 459.5, 484, 488, and 490.2, the value of property or merchandise stolen may be aggregated into a single count or charge, with the sum of the value of all property or merchandise being the values considered in determining the degree of theft.

SECTION 9. Section 666.1 is added to the Penal Code to read:
666.1. (a)(]) Norn.Jithstanding any other law, a person who has two or more prior convictions for any of the offenses listed in paragraph (2), and who is convicted of petty theft or shoplifting, is punishable by imprisonment in the county jail not exceeding one year or pursuant to subdivision (h) of Section 1170. A second or subsequent conviction of this section is punishable by imprisonment in the county jail not exceeding one year or by imprisonment in the state prison.
(2) This section applies to the following offenses, including a conviction that occurred before the effective date of this section:
(A) Petty theft, as described in Section 488 or 490.2.
(B) Grand theft, as described in Section 487, 487h, and in Chapter 5 of Title 13 of Part 1 of the Penal Code (commencing with Section 484).
(C) Theft from an elder or dependent adult, as described in Section 368. (D) The theft or unauthorized use of a vehicle, as described in Section 10851 of the Vehicle Code.
(E) Burglary, as described in Section 459.
(F) Ca17·acking, as described in Section 215.
(G) Robbery, as described in Section 211.
(H) Receiving stolen property, as described in Section 496. (I) Shoplifting, as described in Section 459.5.
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(J) Identity theft and mail theft, as described in Section 530.5. (b) A person subject to charging under this section or actually charged with this section may be referred by a prosecuting attorney's office or by a county probation department to a theft diversion or deferred entry ofjudgment program pursuant to Section 1001.81. lf appropriate, a person admitted to such a program may also be referred to a substance abuse treatment program.
(c) Upon an arrest for a violation of this section, the court shall require judicial review prior to release to make an individualized determination of risk to public safety and likelihood to return to court.
(d}This section shall not be construed to preclude prosecution or punishment pursuant to any other law.

SECTION 10. Section 12022 of the Penal Code is amended to read:
12022. (a) (1) Except as provided in subdivisions (c) and (d), a person who is armed with a firearm in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment pursuant to subdivision (h) of Section 1170 for one year, unless the arming is an element of that offense. This additional term shall apply to a person who is a principal in the commission of a felony or attempted felony if one or more of the principals is armed with a firearm, whether or not the person is personally armed with a firearm. (2) Except as provided in subdivision (c), and notwithstanding subdivision (d), if the firearm is an assault weapon, as defined in Section 30510 or 30515, or a machinegun, as defined in Section 16880, or a .50 BMG rifle, as defined in Section 30530, the additional and consecutive term described in this subdivision shall be three years imprisonment pursuant to subdivision (h) of Section 1170 whether or not the arming is an element of the offense of which the person was convicted. The additional term provided in this paragraph shall apply to any person who is a principal in the commission of a felony or attempted felony if one or more of the principals is armed with an assault weapon, machinegun, or a .50 BMG rifle, whether or not the person is personally armed with an assault weapon, machinegun, or a .50 BMG rifle. (b) (1) A person who personally uses a deadly or dangerous weapon in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for one year, unless use of a deadly or dangerous weapon is an element of that offense.
(2) If the person described in paragraph (1) has been convicted of carjacking or attempted carjacking, the additional term shall be in the state prison for one, two, or three years. (3) When a person is found to have personally used a deadly or dangerous weapon in the commission of a felony or attempted felony as provided in this subdivision and the weapon is 12

Council Agenda Packet - August 5, 2024
owned by that person, the court shall order that the weapon be deemed a nuisance and disposed of in the manner provided in Sections 18000 and 18005. (c) ill Notwithstanding the enhancement set forth in subdivision (a), a person who is personally armed with a firearm in the commission of a violation or attempted violation of Section 11351, 11351.5, 11352, 11366.5, 11366.6, 11378, 11378.5, 11379, 11379.5, or 11379.6 of the Health and Safety Code shall be punished by an additional and consecutive term of imprisonment in the state prison pursuant to subdivision (h) of Section 1170 for three, four, or five years. (2) Notwithstanding paragraph (9) of subdivision (h) of Section 1170 of the Penal Code. a defendant convicted of an underlying violation specified in this subdivision who admits an enhancement pursuant to this subdivision or for whom an enhancement pursuant to this subdivision is found true, is punishable by imprisonment in the state prison and not pursuant to subdivision (h) ofSection 1170 ofthe Penal Code.
(d) Notwithstanding the enhancement set forth in subdivision (a), a person who is not personally armed with a firearm who, knowing that another principal is personally armed with a firearm, is a principal in the commission of an offense or attempted offense specified in subdivision ( c ), shall be punished by an additional and consecutive term of imprisonment pursuant to subdivision (h) of Section 1170 for one, two, or three years.
( e) For purposes of imposing an enhancement under Section 1170.1, the enhancements under this section shall count as a single enhancement.
(t) Notwithstanding any other provision of law, the court may strike the additional punishment for the enhancements provided in subdivision ( c) or ( d) in an unusual case where the interests of justice would best be served, if the court specifies on the record and enters into the minutes the circumstances indicating that the interests of justice would best be served by that disposition.

SECTION 11. Section 12022.6 is added to the Penal Code to read:
12022. 6. (a) When any person takes, damages, or destroys any property in the commission or attempted commission of a felony, or commits a felony violation of Section 496, the court shall impose a term in addition and consecutive to the punishment prescribed for the felony or attempted felony of which the defendant has been convicted, as follows:
(1) Jfthe loss or property value exceeds fifty thousand dollars ($50,000), the court shall impose an additional term of one year.
(2) If the loss or property value exceeds two hundred thousand dollars ($200,000), the court shall impose an additional term of two years.
(3) If the loss or property value exceeds one million dollars ($1,000,000), the court shall impose an additional term of three years.
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(4) If the loss or property value exceeds three million dollars ($3,000,000), the court shall impose an additional term of four years.
(5) For every additional loss or property value of three million dollars ($3,000,000), the court shall impose a term of one year in addition to the term specified in paragraph (4). (b) In any accusatory pleading involving multiple charges of taking, damage, or destruction, or multiple violations of Section 4 96, the additional terms provided in this section may be imposed if the aggregate losses to the victims or aggregate property values from all felonies exceed the amounts specified in this section and arise from a common scheme or plan. All pleadings under this section shall remain subject to the rules of joinder and severance stated in Section 954.
(c) The additional terms provided in this section shall not be imposed unless the facts relating to the amounts provided in this section are charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact. ( d) Notwithstanding any other law, the court may impose an enhancement pursuant to this section and another section on a single count, including an enhancement pursuant to Section 12022.65.

SECTION 12. Section 12022.65 is added to the Penal Code to read:
12022. 65. (a) Any person who acts in concert with two or more persons to take, attempt to take, damage, or destroy any property, in the commission or attempted commission of a felony shall be punished by an additional and consecutive term of imprisonment of one, two, or three years. (b) The additional term provided in this section shall not be imposed unless the existence of the facts required in subdivision (a) are charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact.
(c) Notwithstanding any other law, the court may impose an enhancement pursuant to this section and another section on a single count, including an enhancement pursuant to Section 12022. 6.

SECTION 13. Section 12022.7 of the Penal Code is amended to read:
12022.7. (a) Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for three years. (b) Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony which causes the victim to 14

Council Agenda Packet - August 5, 2024
become comatose due to brain injury or to suffer paralysis of a permanent nature shall be punished by an additional and consecutive term of imprisonment in the state prison for five years. As used in this subdivision, "paralysis" means a major or complete loss of motor function resulting from injury to the nervous system or to a muscular mechanism. ( c) Any person who personally inflicts great bodily injury on a person who is 70 years of age or older, other than an accomplice, in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for five years.
( d) Any person who personally inflicts great bodily injury on a child under the age of five years in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for four, five, or six years. ( e) Any person who personally inflicts great bodily injury under circumstances involving domestic violence in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for three, four, or five years.

As used in this subdivision, "domestic violence" has the meaning provided in subdivision (b) of Section 13700.
(f) ill As used in this section, "great bodily injury" means a significant or substantial physical lllJUry.
(2) As used in this section. a person who sells. furnishes. administers. or gives away a controlled substance is deemed to have personally inflicted great bodily in;ury when the person to whom the substance was sold. furnished. administered. or given suffers a significant or substantial physical in;ury ftom using the substance.
(g) This section shall not apply to murder or manslaughter or a violation of Section 451 or 452.

Subdivisions (a), (b ), ( c ), and ( d) shall not apply if infliction of great bodily injury is an element of the offense.
(h) The court shall impose the additional terms of imprisonment under ei-thef subdivision (a), (b), (c), or (d), but may not impose more than one of those terms for the same offense.

SECTION 14. Chapter 36 (commencing with Section 7599.200) is added to Division 7 of Title 1 of the Government Code, to read:
7599.200. (a) This section shall be known as "Fundingfor the Homelessness, Drug Addiction, and Theft Reduction Act. "
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(b) From monies disbursed to the Board of State and Community Corrections pursuant to paragraph (3) of subdivision (a) of Section 7599.2 of the Government Code and Section 6046.2 of the Penal Code, the Board of State and Community Corrections may allocate appropriate funds to counties and local governments for programs specified in Section 11395 of the Health and Safety Code. This provision shall not preclude funding for this Act from any other source, including but not limited to the Local Revenue Fund 2011 established under Government Code Section 30025 and other such funds designated for substance abuse and mental health treatment.
(c) A defendant charged with a treatment-mandated felony is eligible for any appropriate Medi­ Cal or Medicare programs or services, including but not limited to those described in Government Code Section 30025 (f)(l 6)(B)(iii)-(v ), for the defendant's programs specified in Section 113 9 5 of the Health and Safety Code. A county or local government may contract directly with the State Department of Healthcare Services or any other applicable State agency to provide for the provision or administration of any applicable Medi-Cal or Medicare treatment programs.

SECTION 15. Amendments
(a) Except as provided in subdivision (b), this Act shall not be amended by the Legislature except by a statute that furthers the purposes, intent, findings, and declarations of the Act and is passed in each house by roll call vote entered in the journal, two-thirds of the membership of each house concurring, or by a statute that becomes effective only when approved by the voters. (b) The Legislature may, by majority vote, amend Section 11369 of the Health & Safety Code only to expand the list of drugs that qualify as a "hard drug" and to expand the list of convictions to which it applies, and may, by majority vote, amend Section 11395 of the Health & Safety Code only to expand the list of drugs that qualify as a "hard drug" and to expand the list of applicable prior convictions , and may, by majority vote, amend Section 666.1 of the Penal Code only to expand the list of applicable prior convictions.

SECTION 16. Severability
If any provision of this Act, or any part of any provision, or the application of any provision or part to any person or circumstance is for any reason held to be invalid or unconstitutional, the remaining provisions and applications of provisions shall not be affected, but shall remain in full force and effect, and to this end the provisions of this Act are severable.

SECTION 17. Conflicting Initiatives
(a) This Act creates a new drug treatment statute and changes the penalties for career and serial thieves. In the event that this Act and another initiative measure or measures relating to the same subject appear on the same statewide ballot, the provisions of the other measure or measures 16

Council Agenda Packet - August 5, 2024
shall be deemed to be in conflict with this measure. In the event this measure receives a greater number of affirmative votes than a measure deemed to be in conflict with it, the provisions of this measure shall prevail in their entirety, and the provisions of the other measure or measures shall be null and void.
(b) If this measure is approved by voters but superseded by law by any other conflicting measure approved by the 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. 17 Matrix provided by Townsend Public Affairs
SB 1381: Prop 47 Reform Initiative Homelessness, Drug Addiction, and Theft Reduction Act
Drug
Trafficking and
Furnishing
Penalties
• Requires a court to provide a written advisory
to a person convicted of hard drug offenses
notifying the person of the danger of selling
or administering fentanyl and counterfeit pills
and of the potential future criminal liability if
another person dies as a result of that
person’s actions. This process allows
prosecutors to establish implied malice in
subsequent drug crimes.
• Requires a court to provide a written
advisory to a person convicted of hard drug
offenses notifying the person of the danger
of selling or administering illicit drugs and
counterfeit pills and of the potential future
criminal liability if another person dies as a
result of that person’s actions. This process
allows prosecutors to establish implied
malice in subsequent drug crimes.
• Adds non-pres
cription fentanyl to an
existing list of hard drugs such as heroin,
cocaine, and methamphetamine, for which it
is illegal to possess the drug while armed
with a loaded firearm.
• A
dds non- pres
cription fentanyl to an
existing list of hard drugs such as heroin,
cocaine, and methamphetamine that
authorize sentencing enhancements.
• Increases sentencing terms for the
trafficking of fentanyl, based on weight,
between 3 years and 25 years.

Serial Theft
Penalties
• Establishes penalties for repeat offenders
who are convicted three times for petty theft
or shoplifting within three years. Under this
measure, an offender with three theft-related
convictions over a three-year period could
face up to three years in jail.
• P
ermits
the value of stolen property across
multiple crimes to be aggregated for the
purposes of charging the offender with grant
theft – a felony.
• Authorizes the court to charge an offender
with two prior convictions for theft with a
felony, regardless of the value of stolen
property. Judge maintains discretion on jail,
prison, and diversion program direction.
• A
uthoriz
es judges to impose enhanced
penalties when offenders steal, damage, or
destroy property valued over $50,000 in
tandem with two or more accomplices.
• P ermits
the value of stolen property across
multiple crimes to be aggregated for the
purposes of charging the offender with grant
theft – a felony.

Prosecutorial
Process
Changes
• Allows consolidation of specified theft
charges, as well as associated offenses,
occurring in different counties into a single
trial if the district attorneys in all involved
jurisdictions agree and expands jurisdiction
for charging theft and receiving stolen
property.
• Authorizes judges to sentence drug dealers
who traffic large quantities of hard drugs
with a firearm to state prisons instead of
county jails.

Council Agenda Packet - August 5, 2024
0 Matrix provided by Townsend Public Affairs
Diversion and
Behavioral
Health
Resources
• Not applicable
• Enacts a new crime called “treatment-
mandated felony,” which prosecutors would
have the authority to charge only after two
previous drug convictions.
• If charged
with a treatment-mandated felony
on the third offense, the offender would be
given the option of participating in drug and
mental health treatment with wraparound
services. Once completed, charges would
be expunged and offender would face no
jail time.
• For a second conviction of a treatment-
mandated felony, judge would have the
authority to impose jail or prison time in
addition to resources.

Implementation
Cost and
Funding
Modifications
• Implementation costs not yet known.
• P roposes r
econfiguring funding allocations
within the Safe Neighborhoods and Schools
Fund, which currently direct 25% of funds to
the Department of Education for outcome
improvement programs and 65% to the
Board of Community Corrections to support
local mental health and substance use
treatment diversion programs. Requires 15%
of funds be allocated to the Department of
Education and 75% to Community
Corrections programs.
• Implementation Costs provided by
Legislative Analyst’s Office: Increased state
criminal justice system costs potentially in
the hundreds of millions of dollars annually,
primarily due to an increase in the state
prison population. Some of these costs
could be offset by reductions in state
spending on local mental health and
substance use services, truancy and
dropout prevention, and victim services due
to requirements in current law. Increased
local criminal justice system costs
potentially in the tens of millions of dollars
annually, primarily due to increased court-
related workload and a net increase in the
number of people in county jail and under
county community supervision.

Severability
and
Superseding
Language
• Includes language to make all provisions
severable in any circumstance where a
provision may be held invalid or
unconstitutional.
• I
ncludes
superseding language affirming that
if this measure receives more votes than a
conflicting measure, the provisions of this
measure will prevail in their entirety, and the
provisions of the conflicting measure will be
null and void.
• Includes language to make all provisions
severable in any circumstance where a
provision may be held invalid or
unconstitutional.
• I
ncludes
superseding language affirming
that if this measure receives more votes
than a conflicting measure, the provisions of
this measure will prevail in their entirety,
and the provisions of the conflicting
measure will be null and void.

Ballot Process
• Introduced June 30. Required to be passed
by Legislature/signed by Governor by July 3
to qualify for state ballot.
• Requires a majority – not 2/3 vote – for
passage due to provisions that call for a
special election consolidated into the Nov. 5
general election.
• Qualified for November 5, 2024 statewide
ballot.

Council Agenda Packet - August 5, 2024
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