HomeMy WebLinkAbout12 CONCESSIONAIRE HIST 10-03-05
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AGENDA REPORT
Agenda Item 12
Reviewed: J)JJ-
City Manager
Finance Director ~
MEETING DATE:
October 3, 2005
FROM:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
CITY ATTORNEY
TO:
SUBJECT:
OBTAINING STATE CRIMINAL HISTORY INFORMATION ABOUT
PROSPECTIVE CONCESSIONAIRES
SUMMARY:
From time to time, it is critical to have access to State criminal history information when
screening prospective lessees or licensees of City land. The State Legislature has
determined that local govemments have a compelling need for this information when
they are trying to ensure that criminally corrupt persons do not gain control of
businesses that are conducted on publicly owned, leased or licensed land. An
ordinance is required to authorize the taking of fingerprints that will be used to obtain
State criminal history information. The information obtained must be kept confidential.
RECOMMENDATION:
Have first reading and introduce the Ordinance.
FISCAL IMPACT:
None.
CEQA:
This is not a "project" as defined by the California Environmental Quality Act (CEQA) as
it has no potential to have an effect on the physical environment.
BACKGROUND:
In addition to using City-owned and leased real property for public facilities, the City
leases and licenses land to others who conduct business operations on the property.
The City has a significant interest that affects the public health, safety and welfare, in
ensuring that its lessees and licensees are not controlled by criminally corrupt persons.
The California Legislature has recognized that local governments have such a need to
screen prospective lessees and licensees of publicly owned or leased land. Pursuant to
California Penal Code Section 11105.02, the State Attorney General is required to
furnish State summary criminal history information to cities upon a showing of a
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Agenda Report
October 3,2005
Page 2
"compelling need" to assist in the screening of "a prospective concessionaire and their
affiliates or associates..," A compelling need is demonstrated by a city's need to screen
prospective concessionaires to ensure that criminally corrupt influences do not gain
control of businesses that may be conducted on City land, owned in fee or under lease,
that may be leased or licensed by the City for use by the concessionaire.
This Penal Code Section is applicable to "prospective concessionaires" who are defined
in Labor Code Section 432.7(k) as:
"any individual, general or limited partnership, corporation,
trust, association, or other entity that is applying for, or
seeking to obtain, a public agency's consent to, or approval
of, the acquisition by that individual or entity of any beneficial
ownership interast in any public agency's concession, lease,
or other property right whether directly or indirectly held."
The proposed ordinance sets forth the City's "compelling need" for the State criminal
history information, but leaves it up to the discretion of the City Manager, as to which
prospective concessionaires shall be required to submit fingerprints for the screening
process.
Once the State criminal history information is obtained it must be kept confidential, and
its contents may not by disclosed, other than for the purpose for which it was acquired,
Other requirements of Penal Code Section 11105.02 are:
"The state summary criminal history information in the
possession of the local government and all copies made
from it shall be destroyed not more than 30 days after the
local government's final decision to grant or deny consent to,
or approval of, the prospective concessionaire's application
for, or acquisition of, a beneficial interest in a concession,
lease, or other property interast. Nothing in this section shall
be construed as imposing any duty upon a local government,
or any officer or official thereof, to request state summary
criminal history information on any current or prospective
concessionaire or the affiliates or associates of that
concessionaire,"
We will be pleased to answer any questions about the proposed ordinance,
~í,~
Lois E. Jeffrey, Ci A ey
cc:
William A. Huston, City Manager
ATTACHMENT:
Proposed Ordinance
\20829711
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, ADDING CHAPTER 8
REGARDING PROSPECTIVE CONCESSIONAIRES TO
ARTICLE 7 OF THE TUSTIN CITY CODE.
THE CITY COUNCIL OF THE CITY OF TUSTIN HEREBY ORDAINS AS
FOLLOWS:
SECTION 1, Chapter 8 is hereby added to Article 7 of the Tustin City Code to
read as follows:
7800
7801
7802
7803
7800 PURPOSE
CHAPTER 8
PROSPECTIVE CONCESSIONAIRES
PURPOSE
DEFINITIONS
CITY MANAGER'S AUTHORITY TO REQUIRE FINGERPRINTS
SECURITY OF INFORMATION OBTAINED
The purpose of this Chapter is to enable the City to access State criminal history
information pertaining to criminal convictions, and arrests, where the person is awaiting
trial, in order to ensure that criminal corrupt influences do not have or gain control of
businesses that are proposed to be conducted on publicly owned or leased land
through a City concession, lease, license, or the granting of any other property rights
for the use of the land,
7801 DEFINITIONS
For the purpose of this Chapter, the following words and phrases shall have the
following meanings, unless the context of the sentence in which they are used
indicates otherwise:
"City" means the City of Tustin,
"City Managet" means the City Manager of the City,
"Prospective Concessionaire" means any individual, general or limited
partnership, corporation, trust, association, or other entity, including their affiliates and
associates, that is applying for, or seeking to obtain, the City's consent to, or approval
of, the acquisition by that individual or entity of any beneficial interest in a City
concession, lease, license or other property right, whether directly or indirectly held.
206267.1
7802
CITY MANAGER'S AUTHORITY TO REQUIRE FINGERPRINTS
Upon written request of the City Manager, a Prospective Concessionaire shall
submit fingerprints to the City so that the City may obtain State criminal conviction and
arrest information, as described in California Penal Code Section 11105.2. in order to
screen Prospective Concessionaire, who has applied for the acquisition of beneficial
interest in a City concession, lease, license or other property interest. Where the
Prospective concessionaire is an entity, individuals who are the officers, partners,
owners, managers, managing members of the entity, or who are authorized to sign
contracts on behalf of entities who are partners or members of the Prospective
Concessionaire shall submit their fingerprints to the City as directed by the City,
Manager.
7803 SECURITY OF INFORMATION OBTAINED
The City shall adhere to the requirements of Penal Code Section 11105,02,
including the confidentiality of and disposition of criminal history information obtained
from the State Department of Justice.
SECTION 2, If any section, subsection, subdivision. paragraph, sentence, clause
or phrase in this Ordinance or any part thereof is for any reason, held to be
unconstitutional or invalid, or ineffective by any court of competent jurisdiction such
decision shall not affect the validity of effectiveness of the remaining portions of this
Ordinance or any part thereof, The City Council hereby declares that it would have
passed this Ordinance and each section, subsection, subdivision, sentence, clause
and phrase thereof, irrespective of the fact that anyone or more sections, subsections,
subdivisions, sentences, clauses or phrases be declared unconstitutional.
SECTION 3,
PASSED, APPROVED, AND ADOPTED this - day of
2005.
LOU BONE, MAYOR
ATTEST:
PAMELA STOKER, CITY CLERK
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STATE OF CALIFORNIA)
COUNTY OF ORANGE) ss
CITY OF TUSTIN)
I, PAMELA STOKER, City Clerk of the City of Tustin, California, DO
HEREBY CERTIFY that the foregoing Ordinance No. was duly introduced
and placed upon its first reading at a Regular Meeting of the City Council on the
day of 2005, and that thereafter, said Ordinance
was duly adopted and passed at a Regular Meeting of the City Council held on the
day of 2005, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
(SEAL)
PAMELA STOKER, CITY CLERK
208267.1
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