HomeMy WebLinkAbout17 ORD 1308 2ND READ 10-17-05
AGENDA REPORT
Agenda Item
Reviewed:
City Manager
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Finance Director ~
MEETING DATE: OCTOBER 17, 2005
TO:
WilLIAM HUSTON, CITY MANAGER
FROM:
OFFICE OF THE CITY CLERK
SUBJECT:
ORDINANCE NO, 1308 SECOND READING - 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 second reading by title only and adoption of Ordinance No, 1308 (roll call vote),
FISCAL IMPACT:
None.
BACKGROUND:
On October 3, 2005, the City Council had first reading by title only and introduction of
the following Ordinance:
ORDINANCE NO, 1308 - 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
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(' t#'LA l\', IÞ ':5 "co"]
Maria R. Huizar,
Chief Deputy City Clerk
ATTACHMENT: Ordinance
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
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.
CHAPTER 8
PROSPECTIVE CONCESSIONAIRES
PURPOSE
DEFINITIONS
CITY MANAGER'S AUTHORITY TO REQUIRE FINGERPRINTS
SECURITY OF INFORMATION OBTAINED
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 Manage" means the City Manager of the City.
'Prospectlve 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 Indirectiy held.
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7802
CITY MANAGER'S AUTHORITY TO REQUIRE FtNGERPRINTS
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
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