2017 Apr 04 - CC PACKET REV NedLIPO- ,
REVISED AGENDA
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The City Council, with certain statutory exceptions, can only take action upon properly posted and listed
agenda items. Any writings or documents given to a majority of the City Council regarding any matter on
this agenda that the City received after issuing the agenda packet, are available for public inspection in
the City Clerk's office during normal business hours. Such Documents may also be posted on the City's
website at www.elsegundo.org and additional copies will be available at the City Council meeting.
Unless otherwise noted in the Agenda, the Public can only comment on City-related business that is
within the jurisdiction of the City Council and/or items listed on the Agenda during the Public
Communications portions of the Meeting. Additionally, the Public can comment on any Public Hearing
item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5)
minutes per person.
Before speaking to the City Council, please come to the podium and state: Your name and residence
and the organization you represent, if desired. Please respect the time limits.
Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk
or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior
Tuesday). The request must include a brief general description of the business to be transacted or
discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if
they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five
(5) minutes in length.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact City Clerk, 524-2305. Notification 48 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to this
meeting.
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, APRIL 4, 2017 - 7:00 P.M.
REVISED AGENDA
ADDING ITEM#12 UNDER MAYOR FUENTES
SUPPORT OF ASSEMBLY BILL 1326
7:00 P.M. SESSION
CALL TO ORDER
INVOCATION — Pastor Rob McKenna, The Bridge
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PLEDGE OF ALLEGIANCE — Council Member Pirsztuk
PRESENTATIONS
a) Proclamation — April as "Sexual Assault Awareness Month" and designates
April 26, 2017 as "Denim Day."
ROLL CALL
PUBLIC COMMUNICATIONS — (Related to Citv Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have received value of$50 ormore to communicate
to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of$250. While all comments are welcome, the Brown Act does not allow Council to
take action on any item not on the agenda. The Council will respond to comments after Public
Communications is closed.
CITY COUNCIL COMMENTS — (Related to Public Communications)
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the
Agenda by title only.
Recommendation —Approval.
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
1. Consideration and possible action to adopt a resolution establishing a fee
schedule for the use of City Electric Vehicle Charging Stations.
(Fiscal Impact: None)
Recommendation — 1) Conduct the Public Hearing; 2) Adopt a Resolution
establishing the fee schedule; 3) Alternatively, discuss and take other possible
action related to this item.
C. UNFINISHED BUSINESS
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D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
2. Consideration and possible action to announce the appointments to the
Technology Committee.
(Fiscal Impact: None)
Recommendation — 1) Announce the appointees to the Technology Committee;
2) Alternatively, discuss and take other possible action related to this item.
E. CONSENT AGENDA
All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for
discussion of an item is made, the item(s) will be considered individually under the next heading of
business.
3. Warrant Numbers 3015666 through 3015902 on Register No. 12 in the total
amount of $1,314,374.46 and Wire Transfers from 3/13/17 through 3/26/17 in
the total amount of $861,941.77.
Recommendation — Approve Warrant Demand Register and authorize staff to
release. Ratify Payroll and Employee Benefit checks; checks released early due
to contracts or agreement; emergency disbursements and/or adjustments; and
wire transfers.
4. Special Meeting Minutes of March 21, 2017 Regular Meeting Minutes of
March 21, 2017 and Special Meeting Minutes of March 24, 2017.
Recommendation —Approval
5. Consideration and possible action to authorize the City Manager to a)
transfer $300,000 of funds budgeted for Fiscal Year FY 2016/17 for
employee salaries and benefits to professional/technical service charges;
and b) increase contract amounts with the following consultants: J Lee
Engineering, JAS Pacific, and Hayer Consultants, Inc. by the same amount.
(Fiscal Impact: $0)
Recommendation — 1) Authorize the City Manager to transfer $300,000 of funds
budgeted in Fiscal Year FY 2016/17 for the "employee salaries and benefits"
budget category to the "professional/technical service charges" budget category;
2) Authorize the City Manager to amend the existing agreements with the
following consultants: J Lee Engineering, and JAS Pacific, and Hayer
Consultants, Inc. to increase the respective contract amounts by a total amount
not to exceed $300,000; 3) Alternatively, discuss and take other possible action
related to this item.
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6. Consideration and possible action to adopt a Resolution approving the
Plans and Specifications for the El Segundo Athletic Field Turf
Replacement Project, Project No. PW 17-10.
(Fiscal Impact: To Be Determined)
Recommendation — 1) Adopt a Resolution approving the Plans and Specification
for the El Segundo Athletic Field Turf Replacement Project, Project No. PW 17-
10; 2) Alternatively, discuss and take other possible action related to this item.
7. Consideration and possible action to authorize a professional services
agreement with CSG Consultants, Inc. not to exceed $250,000 for planning
services that will be fully reimbursed by the applicant of two pending
development projects, and authorize the City Manager to sign the
agreement in a form approved by the City Attorney.
(Fiscal Impact: $0)
Recommendation — 1) Approve a professional service agreement not to exceed
$250,000 for planning services, and authorize the City Manager to sign the
agreement in a form approved by the City Attorney; 2) Alternatively, discuss and
take other possible action related to this item.
8. Consideration and possible action to approve Final Vesting Map No. 73745,
a commercial subdivision to divide one parcel into two lots and create up
to eight condominium units located at 2130 East Maple Avenue and 725
Campus Square West (the "Site").
(Fiscal Impact: N/A)
Recommendation — 1) Adopt the proposed resolution, approving a Final Vesting
Map No. 73745, and authorizing the Director of Planning and Building Safety and
the City Clerk to sign and record said Map; 2) Alternatively, discuss and take
other possible action related to this item.
9. Consideration and possible action regarding 1) Approval of Examination
Plan for Maintenance Craftsworker.
(Fiscal Impact: None)
Recommendation — 1) Approval of Examination Plan for Maintenance
Craftsworker; 2) Alternatively, discuss and take other possible action related to
this item.
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10.Consideration and possible action regarding 1) approval of a Memorandum
of Understanding (Labor Agreement) between the City of El Segundo and
the Police Support Services Employees Association 2) adoption of a
Resolution for CalPERS Employer Paid Member Contributions (EPMC) for
the Police Support Services Employees Association to increase the
employee PERS Member Share; and 3) adoption of a Resolution updating
the employer's contribution under the Public Employees' Medical and
Hospital Care Act for the Police Support Services Employees Association.
(Fiscal Impact: FY 2016-17 - $48,776 and FY 2017-2018 - $89,927)
Recommendation — 1) Approve the Agreement; 2) Adopt the Resolution
approving the Memorandum of Understanding; 3) Adopt the Resolution for the
Employer Paid Member Contribution for PSSEA; 4) Adopt the Resolution
updating the Employer's monthly medical contribution for PSSEA; 5)
Alternatively, discuss and take other possible action related to this item.
F. NEW BUSINESS
G. REPORTS — CITY MANAGER
H. REPORTS — CITY ATTORNEY
I. REPORTS — CITY CLERK
J. REPORTS — CITY TREASURER
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Brann —
11.Consideration and possible action to explore putting together an ad-hoc
committee to address the rising California Public Employees' Retirement
System ("CalPERS") costs.
(Fiscal Impact: $0)
Recommendation — 1) City Council discuss and consider approving an ad-hoc
PERS Committee to address the rising PERS costs; 2) Alternatively, discuss and
take other possible action related to this item.
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Council Member Pirsztuk—
Council Member Dugan —
Mayor Pro Tern Boyles —
Mayor Fuentes —
12.Consideration and possible action relating to State Legislation (Assembly
Bill 1326) regarding allowing law enforcement authorities to aggregate
monetary value of property stolen by an individual over the course of a
year and authorize felony prosecution if the monetary value meets the
$950.00 threshold.
(Fiscal Impact: None)
Recommendation — 1) Support Assembly Bill 1326 and direct staff to send a
letter of support for this bill to the State Assembly Public Safety Committee;
and/or 2) Alternatively, discuss and take other possible action related to this item.
PUBLIC COMMUNICATIONS — (Related to Cltv Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have receive value of$50 or more to communicate
to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of$250. While all comments are welcome, the Brown Act does not allow Council to
take action on any item not on the agenda. The Council will respond to comments after Public
Communications is closed.
MEMORIALS —
CLOSED SESSION
The City Council may move into a closed session pursuant to applicable law, including the Brown Act
(Government Code Section §54960, et seq.) for the purposes of conferring with the City's Real Property
Negotiator, and/or conferring with the City Attorney on potential and/or existing litigation; and/or
discussing matters covered under Government Code Section §54957 (Personnel); and/or conferring with
the City's Labor Negotiators.
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
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ADJOURNMENT
POSTED:
DATE:
TIME:
NAME: 41,7,-
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EL SEGUNDO CITY COUNCIL MEETING DATE: April 4, 2017
AGENDA STATEMENT AGENDA HEADING: Reports—Mayor Fuentes
AGENDA DESCRIPTION:
Consideration and possible action related to State Legislation (Assembly Bill 1326) regarding
allowing law enforcement authorities to aggregate monetary value of property stolen by an
individual over the course of a year and authorize felony prosecution if the monetary value meets
the $950.00 threshold.
(Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
1. Support Assembly Bill 1326 and direct staff to send a letter of support for this bill to the State
Assembly Public Safety Committee; and/or,
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Assembly Bill 1326
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
STRATEGIC PLAN:
Goal: 2. Support Community Safety and Preparedness
Objective: 1. El Segundo has a proactive approach to risk and crime
2. El Segundo has proactive community engagement so that
perceptions of safety align with reality
ORIGINATED BY: Mitch Tavera, Chief of Police�P-3�`
REVIEWED BY: Bob Turnbull, Captain rL
APPROVED BY: Greg Carpenter, City Manager.-
BACKGROUND AND DISCUSSION:
The California League of Cities and California Police Chiefs are supporting Assembly Bill 1326
by Assembly Member Jim Cooper(D-Elk Grove). In 2014,Proposition 47 increased the threshold
for grand theft, a felony, from $450.00 to $950.00 per incident. AB 1326 addresses a continuing
increase in theft crimes since that time by allowing law enforcement authorities to aggregate the
monetary value of property stolen by an individual over the course of a year, and authorize felony
prosecution if that monetary value meets the $950.00 threshold.
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This measure will address increased incidents of both individual shoplifting and organized retail
theft operations responsible for the loss of millions of dollars in retail merchandise statewide,
which entails a corresponding hit to local sales tax revenues.
The Chief of Police, Mitch Tavera, will address the Council regarding this item.
RECOMMENDATION:
Staff recommends the City Council send a letter of support to the State Assembly Public Safety
Committee in support of AB 1326.
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Bill Text-AB-1326 Theft: aggregate valuation. Page 1 of 4
LEGISLATIVE INFORMATION
Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites
AS-1326 Theft:aggregate valuation. (2017.2018)
SHARE THIS: I Date Published:02117/2017 09:00 PM
CALIFORNIA LEGISLATURE—2017-2018 REGULAR SESSION
ASSEMBLY BILL No. 1326
Introduced by Assembly Members Cooper and Cervantes
(Coauthor: Assembly Member Socanegra)
February 17,2017
An act to amend Sections 459.5, 473, 476a,490.2, and 496 of the Penal Code, relating to theft,
LEGISLATIVE COUNSEL'S DIGEST
AB 1326,as introduced, Cooper.Theft: aggregate valuation.
The Safe Neighborhoods and Schools Act(act), enacted as an initiative statute by Proposition 47, as approved by
the electors at the November 4, 2014, statewide general election, provided that for a number of theft and theft-
related offenses, where the value of the property involved does not exceed $950, the offenses are punishable as
a misdemeanor, unless the defendant has suffered a prior conviction for one or more specified crimes, In which
case the offenses may be punished as a felony. The act created the offense of shoplifting, and applied the $950
limit to that crime and to the crimes of forgery of certain financial Instruments, passing a check or certain other
instruments knowing there are insufficient funds for payment of the check or instrument, petty theft, and buying
or receiving stolen property, as specified.
This bill would additionally provide that those offenses may be punishable as a felony If the property Involved In
the multiple commission of those offenses within a 12-month period has a value in the aggregate exceeding
$950,as specified.
The California Constitution authorizes the Legislature to amend an initiative statute by another statute that
becomes effective only when approved by the electors.
This bill would provide that it would become effective only upon approval of the voters, and would provide for the
submission of this measure to the voters for approval at the statewide general election.
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: no
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 459.5 of the Penal Code is amended to read:
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Bill Text- AB-1326 Theft: aggregate valuation. Page 2 of 4
459.5.(a) Notwithstanding Section 459, shoplifting is defined as entering a commercial establishment with intent
to commit larceny while that establishment is open during regular business hours, where the value of the
property that is taken or intended to be taken does not exceed nine hundred fifty dollars ($950).Any other entry
into a commercial establishment with intent to commit larceny is burglary. Shoplifting shall be punished as a
misdemeanor, except that a person with one or more prior convictions for an offense specified in clause (iv) of
subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration
pursuant to subdivision (c) of Section ;!90 290, or a person convicted of multiple shoplifting offenses within a
12-month period where the value of the property in the aggregate that is taken or intended to be taken for those
offenses exceeds nine hundred fifty dollars($950), may be punished pursuant to subdivision (h)of Section 1170.
(b)Any act of shoplifting as defined in subdivision (a) shall be charged as shoplifting. No person who is charged
with shoplifting may also be charged with burglary or theft of the same property.
SEC.2.Section 473 of the Penal Cade is amended to read:
473.(a) Forgery is punishable by imprisonment in a county jail for not more than one year, or by imprisonment
pursuant to subdivision (h) of Section 1170.
(b) Notwithstanding subdivision (a), any person who is guilty of forgery relating to a check, bond, bank bill, note,
cashier's check, traveler's check, or money order, where the value of the check, bond, bank bill, note, cashier's
check, traveler's check, or money order does not exceed nine hundred fifty dollars ($950), shall be-twMshab4e
punished by imprisonment in a county jail for not more than one year, except that--,umdi the person may instead
be punished pursuant to subdivision (h) of Section 1170 if that person has one or more prior convictions for an
offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an
offense requiring registration pursuant to subdivision (c) of Section 299. 290, or if the amount of the checks,
bonds, bank bills, notes, cashiers checks, traveler's checks, or money orders in the aggregate for multiple
forgeries under this section within a 12-month period exceeds nine hundred fifty dollars ($950). This subdivision
shall not be applicable to any person who is convicted both of forgery and of identity theft, as defined in Section
530.5.
SEC.3.Section 476a of the Penal Code is amended to read:
476a.(a) Any person who, for himself or herself, as the agent or representative of another, or as an officer of a
corporation, willfully, with intent to defraud, makes or draws or utters or delivers a check, draft, or order upon a
bank or depositary, a person, a firm, or a corporation, for the payment of money, knowing at the time of that
making, drawing, uttering, or delivering that the maker or drawer or the corporation has not sufficient funds In,
or credit with the bank or depositary, person, firm, or corporation, for the payment of that check, draft, or order
and all other checks, drafts, or orders upon funds then outstanding, In full upon its presentation, although no
express representation is made with reference thereto, Is punishable by imprisonment in a county jail for not
more than one year,or pursuant to subdivision (h) of Section 1170.
(b) H:,Mer-yer,--Notwithstanding subdivision (a), if the total amount of all checks, drafts, or orders that the
defendant Is charged with and convicted of making, drawing, or uttering does not exceed nine hundred fifty
dollars ($950), the offense is punishable only by imprisonment in the county jail for not more than one year,
except that-eOf the person may instead be punished pursuant to subdivision (h) of Section 1170 if that person
has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of
subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section ,
290, or if the amount of the checks, drafts, or orders in the aggregate that the defendant is charged with and
convicted of making, drawing, or uttering within a 12-month period exceeds nine hundred Fifty dollars ($950).
This subdivision shall not be applicable if the defendant has previously been convicted of three or more violations
of Section 470,475, or 476, or of this section, or of the crime of petty theft in a case in which defendant's offense
was a violation also of Section 470, 475, or 476 or of this section or If the defendant has previously been
convicted of any offense under the laws of any other state or of the United States which, If committed In this
state, would have been punishable as a violation of Section 470, 475 or 476 or of this section or If 4,• the
defendant has been so convicted of the crime of petty theft In a case in which, If defendant's offense had been
committed in this state, It would have been a violation also of Section 470, 475, or 476,or of this section.
(c) Where the check, draft, or order is protested on the ground of insufficiency of funds or credit, the notice of
protest shall be admissible as proof of presentation, nonpayment, and protest and shall be presumptive evidence
of knowledge of insufficiency of funds or credit with the bank or depositary, person,firm, or corporation.
(d) In any prosecution under this section Involving two or more checks, drafts, or orders, it shall constitute prima
facie evidence of the identity of the drawer of a check, draft, or order if both of the following occur:
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Bill Text- AB-1326 Theft: aggregate valuation. Page 3 of 4
(1) When the payee accepts the check, draft, or order from the drawer, he or she obtains from the drawer the
following information: name and residence of the drawer, business or mailing address, either a valid driver's
license number or Department of Motor Vehicles identification card number, and the drawer's home or work
phone number or place of employment. That information may be recorded on the check, draft, or order itself or
may be retained on file by the payee and referred to on the check, draft, or order by identifying number or other
similar means.
(2)The person receiving the check, draft, or order witnesses the drawer's signature or endorsement, and, as
evidence of that, initials the check, draft, or order at the time of receipt.
(e)The word"credit"as used herein shall be construed to mean an arrangement or understanding with the bank
or depositary, person, firm, or corporation for the payment of a check,draft, or order.
(f)If any of the preceding paragraphs, or parts thereof, shall be found unconstitutional or invalid, the remainder
of this section shall not thereby be invalidated, but shall remain in full force and effect.
(g) A sheriff's department, police department, or other law enforcement agency may collect a fee from the
defendant for Investigation, collection, and processing of checks referred to their agency for investigation of
alleged violations of this section or Section 476.
(h)The amount of the fee shall not exceed twenty-five dollars ($25) for each bad check, in addition to the
amount of any bank charges incurred by the victim as a result of the alleged offense. If the sheriff's department,
police department, or other law enforcement agency collects a fee for bank charges Incurred by the victim
pursuant to this section, that fee shall be paid to the victim for any bank fees the victim may have been assessed,
In no event shall reimbursement of the bank charge to the victim pursuant to this section exceed ten dollars
($10) per check.
SEC.4.Section 490.2 of the Penal Code is amended to read:
490.2.(a) Notwithstanding Section 487 or any other provision of law defining grand theft, obtaining any property
by theft where the value of the money, labor, real or personal property taken does not exceed nine hundred fifty
dollars ($950) shall be considered petty theft and shall be punished as a misdemeanor, except that-sucif the
person may instead be punished pursuant to subdivision (h) of Section 1170 if that person has one or more prior
convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of
Section 667 or for an offense requiring registration pursuant to subdivision (c)of Section 290. 290, or if the value
of the money, labor, real or personal property taken in the aggregate for multiple thefts under this subdivision
committed within a 12-month period exceeds nine hundred fifty dollars($950).
(b)This section shall not be applicable to any theft that may be charged as an infraction pursuant to any other
provision of law.
(c)This section shall not apply to theft of a firearm.
SEC.5. Section 496 of the Penal Code is amended to read:
496.(a) (1) Every person who buys or receives any property that has been stolen or that has been obtained In
any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or who conceals,
sells, withholds, or alds in concealing, selling, or withholding any property from the owner, knowing the property
to be so stolen or obtained, shall be punished by imprisonment in a county jail for not more than one year, or
imprisonment pursuant to subdivision (h) of Section 1170. However, if the value of the property does not exceed
nine hundred fifty dollars ($950), the offense shall be a misdemeanor, punishable only by Imprisonment In a
county jail not exceeding one year, if Ii the person has no prior convictions for an offense specified in clause
(iv) of subparagraph (C) of paragraph (2) of subdivision (e)of Section 667 or for an offense requiring registration
pursuant to subdivision (c) of Section 290. However, if the value of the property in the aggregate for multiple
offenses under this subdivision committed within a 12-month period exceeds nine hundred fifty dollars ($950),
the person may be punished pursuant to subdivision(h)of Section 1170.
A
(2)A principal in the actual theft of the property may be convicted pursuant to this section. However, a person
may not be convicted both pursuant to this section and of the theft of the same property.
(b)(1) Every swap meet vendor, as defined In Section 21661 of the Business and Professions Code, and every
person whose principal business Is dealing in, or collecting, merchandise or personal property, and every agent,
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employee, or representative of that person, who buys or receives any property of a value in excess of nine
hundred fifty dollars ($950) that has been stolen or obtained in any manner constituting theft or extortion, under
circumstances that should cause the person, agent, employee, or representative to make reasonable inquiry to
ascertain that the person from whom the property was bought or received had the legal right to sell or deliver It,
without making a reasonable inquiry, shall be punished by imprisonment in a county jail for not more than one
year,or imprisonment pursuant to subdivision (h)of Section 1170.
Everyy
(2)Every swap meet vendor, as defined in Section 21661 of the Business and Professions Code,and every person
whose principal business is dealing in, or collecting, merchandise or personal property, and every agent,
employee, or representative of that person, who buys or receives any property of a value of nine hundred fifty
dollars ($950) or less that has been stolen or obtained in any manner constituting theft or extortion, under
circumstances that should cause the person, agent, employee, or representative to make reasonable inquiry to
ascertain that the person from whom the property was bought or received had the legal right to sell or deliver it,
without making a reasonable inquiry,shall be guilty of a misdemeanor.
(c)Any person who has been injured by a violation of subdivision (a) or (b) may bring an action for three times
the amount of actual damages, if any, sustained by the plaintiff,costs of suit,and reasonable attorney's fees.
(d) Notwithstanding Section 664, any attempt to commit any act prohibited by this section, except an offense
specified in the accusatory pleading as a misdemeanor, Is punishable by imprisonment in a county jail for not
more than one year, or by imprisonment pursuant to subdivision (h)of Section 1170.
SEC.6.Sections 1 to 5, inclusive, of this act amend the Safe Neighborhoods and Schools Act, Proposition 47, an
initiative statute, and shall become effective only when submitted to and approved by the voters at a statewide
election, The Secretary of State shall submit Sections 1 to 5, Inclusive, of this act for approval by the voters at a
statewide election in accordance with Section 9040 of the Elections Code.
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