A.
The
City of Napa from time to time contracts with companies who in turn
provide certain public transit services.
B.
It is
of vital importance to the health, safety and welfare of the City
of Napa and its residents to take precautions, including, but not
limited to, imposing certification and other requirements on companies
and persons contracting with the city to provide public transit services;
prohibiting persons convicted of specified criminal offenses from
operating or driving vehicles used for public transit purposes; and
obtaining access to summary criminal history information, to aid the
city in attempting to ensure that the operators and drivers employed
by such companies providing such public transit services under contract
with the city are safe, reliable and competent.
C.
Penal
Code Sections 11105 and 13300 authorizes cities to obtain state and
local summary criminal history information to assist in fulfilling
employment, licensing or certification requirements, where such summary
criminal history information is required to implement a local ordinance
or regulation that expressly refers to specific criminal conduct applicable
to the subject person of the summary criminal history information,
and where the local ordinance contains requirements and/or exclusions
based upon that specified criminal conduct.
(O94-036)
shall have the definitions set forth in Penal Code Sections
11105 and 13300, or any subsequent amendments thereto.
(O94-036)
No business, company, person or entity with which or with whom
the city has contracted or may hereafter contract for the provision
of public transit services shall permit, allow or authorize any person
to drive or operate a vehicle used for public transit purposes where
such person has been convicted of a felony or misdemeanor which involves
moral turpitude and which relates to and/or affects that person's
qualification and/or appropriateness for such position operating and/or
driving such vehicle used for public transit purposes. Such offenses
shall include, but shall not be limited to, grand or petty theft involving
cash and/or a vehicle, vehicular felonies, capital offenses (such
as murder, rape, mayhem, assault with a deadly weapon, kidnapping),
assault and/or battery, lewd and or indecent conduct, embezzlement
and any offense involving a minor.
(O94-036)
Each business, company, person and/or entity with which or with
whom the city has contracted or may hereafter contract for the provision
of public transit services within the City of Napa shall be required
to provide the city with certification, in a manner acceptable to
the city, of compliance with the requirements of this chapter. In
addition, each such business, company, person or entity shall provide
the city with information, as may be determined by the city, sufficient
to enable the city to obtain summary criminal history for each such
person who will or may operate or drive any vehicle for public transit
purposes within the City of Napa. In addition to any right, remedy
or relief to which the city otherwise may be entitled, no contract
for such public transit services shall be awarded or extended to any
business, company, person and/or entity which or who fails or refuses
to provide such certification or which or who otherwise violates any
provision or requirement of this chapter.
(O94-036)
The city shall be entitled and authorized to use any and all
reasonable means of implementing and determining compliance with the
provisions and requirements of this chapter. Among any other means
upon which the city may in its discretion rely, the city shall be
authorized and entitled to obtain access to and utilize summary criminal
history information.
(O94-036)
