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HomeMy WebLinkAbout2013-03-27 e-packet PEOPLE OF SOUTH SAN FRANCISCO You are invited to offer your suggestions. In order that you may know our method of conducting Council business, we proceed as follows: The regular meetings of the City Council are held on the second and fourth Wednesday of each month at 7:00 p.m. in the Municipal Services Building, Council Chambers, 33 Arroyo Drive, South San Francisco, California. Public Comment: For those wishing to address the City Council on any Agenda or non-Agendized item, please complete a Speaker Card located at the entrance to the Council Chamber’s and submit it to the City Clerk. Please be sure to indicate the Agenda Item # you wish to address or the topic of your public comment. California law prevents the City Council from taking action on any item not on the Agenda (except in emergency circumstances). Your question or problem may be referred to staff for investigation and/or action where appropriate or the matter may be placed on a future Agenda for more comprehensive action or a report. When your name is called, please come to the podium, state your name and address (optional) for the Minutes. COMMENTS ARE LIMITED TO THREE (3) MINUTES PER SPEAKER. Thank you for your cooperation. The City Clerk will read successively the items of business appearing on the Agenda. As she completes reading an item, it will be ready for Council action. PEDRO GONZALEZ Mayor KARYL MATSUMOTO Mayor Pro Tem MARK N. ADDIEGO Councilman RICHARD A. GARBARINO Councilman PRADEEP GUPTA Councilman FRANK RISSO City Treasurer KRISTA MARTINELLI City Clerk BARRY M. NAGEL City Manager STEVEN T. MATTAS City Attorney PLEASE SILENCE CELL PHONES AND PAGERS HEARING ASSISTANCE EQUIPMENT AVAILABLE FOR USE BY THE HEARING IMPAIRED AT CITY COUNCIL MEETINGS In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item, and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the City Clerk’s Office located at City Hall. If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this agenda. The address of City Hall is 400 Grand Avenue, South San Francisco, California 94080. AGENDA CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICES BUILDING COUNCIL CHAMBERS 33 ARROYO DRIVE SOUTH SAN FRANCISCO, CA WEDNESDAY, MARCH 27, 2013 7:00 P.M. REGULAR CITY COUNCIL MEETING MARCH 27, 2013 AGENDA PAGE 2 CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE AGENDA REVIEW PUBLIC COMMENTS ITEMS FROM COUNCIL · Announcements. · Committee Reports. CONSENT CALENDAR 1. Motion to approve the Minutes of Meetings of February 20, 2013, March 6, 2013 and March 13, 2013. 2. Motion confirming payment registers for March 27, 2013. 3. Cancellation of the April 24, 2013 Regular City Council Meeting. 4. Resolution approving International Association of Fire Fighters (IAFF) Memorandum of Understanding. 5. Waive reading and adopt an ordinance adding Chapter 10.70 of the South San Francisco Municipal Code regulating hotel guest registers. 6. Resolution authorizing the filing of an application for funding assigned to the Metropolitan Transportation Commission (MTC) and committing any necessary matching funds and stating the assurance to complete the South San Francisco Sidewalk Gap Closure Project. 7. Resolution accepting a grant in the amount of $25,000 from the Department of Homeland Security through the Port Security Grant Program to purchase Navigational Equipment (Automatic Information System) for Rescue Boat Operations; and amending the Fire Department 2012/2013 Budget. 8. Resolution approving loan agreement in the amount of $5,445.87 with the Successor Agency to the Redevelopment Agency of the City of South San Francisco to allow the Successor Agency to make a Non-housing Recognized Obligation Payment for expenses shown on ROPS IV but incurred during ROPS III. REGULAR CITY COUNCIL MEETING MARCH 27, 2013 AGENDA PAGE 3 LEGISLATIVE BUSINESS 9. An Ordinance adding Chapter 10.58 to the South San Francisco Municipal Code relating to the regulation of firearm ammunition. ADMINISTRATIVE BUSINESS 10. Transmittal of Mid-year 2012-13 Financial Report and Resolution amending the 2012-13 Budget. 11. Resolution awarding a contract for Americans with Disabilities Act (ADA) Transition Plan to MIG, and amending the 2012-13 Budget. 12. A Resolution authorizing the City Manager to execute contracts with the Lew Edwards Group for Community Outreach Services, in an amount not to exceed $32,000, and with Community Survey Firm for Community Survey Services, in an amount not to exceed $19,000, and amending the 2012-13 Operating Budget to add $51,000 to the City Manager’s department budget. COMMUNITY FORUM ADJOURNMENT - 1 - ORDINANCE NO. ______ CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA AN ORDINANCE ADDING CHAPTER 10.70 TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATING TO THE REGISTRATION OF HOTEL GUESTS WHEREAS, pursuant to Article XI, Section 7 of the California Constitution, the City of South San Francisco (“City”) may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, some hotels and motels provide bases of operation for criminal activities, including human trafficking, prostitution, and identity theft; and WHEREAS, requiring certain minimum information to be maintained in hotel and motel registers and inspection of those registers by the Police Department is a significant factor in reducing crime in those locations; and WHEREAS, the City seeks to encourage hotel operators and law enforcement agencies to collaborate to ensure the public safety in and around hotels. NOW THEREFORE, the City Council of the City of South San Francisco does hereby ordain as follows: SECTION 1. AMENDMENTS Title 10 of the South San Francisco Municipal Code is hereby amended to add Chapter 10.70 to read as follows: CHAPTER 10.70: Hotel Registration 10.70.010 Definitions 10.70.020 Hotel register required 10.70.030 Identification required 10.70.040 Retention of register 10.70.050 Register – Format 10.70.060 Register – Inspection 10.70.070 False information prohibited 10.70.080 Posting regulations 10.70.090 Penalty for violation - 2 - 10.70.010 Definitions. “Guest” means a person who exercises occupancy or is entitled to occupancy in a hotel by reason of concession, permit, right of access, license, or other agreement. “Hotel” means any public or private space or structure, including but not limited to, any inn, hostelry, tourist home, motel, lodging house, or motel rooming house offering space for sleeping or overnight accommodations in exchange for rent and for a period of less than thirty (30) days. Hotel includes the parking lot and other common areas of the hotel. Hotel does not include living accommodations provided at any governmental or nonprofit institution in connection with the functions of that institution. “Occupancy” means the use or possession of any room at any Hotel. “Operator” means the person who is proprietor of the Hotel or any other person who has the right to rent rooms within the Hotel, whether in the capacity of owner, manager, lessee, mortgagee in possession, licensee, employee, or any other capacity. “Record” means all electronic, typewritten, or handwritten information about a Guest. “Register” means a machine in which electronic or typewritten records are kept or a document or set of documents in which handwritten or typewritten records are kept. 10.70.020 Hotel Register required. Every Operator of a Hotel, as defined by this Chapter, shall keep a Register in which the following information shall be entered legibly, either in electronic, ink, or typewritten form, prior to the room being furnished or rented to a Guest: (a) the true names and residence addresses for each Guest, and (b) the make, type and license number of any vehicle under the control of the Guest, if the vehicle will be parked on Hotel premises. The Register shall also show the day, month, and year when such information was entered, the day, month and year of Guest check-in, and the room or rooms to be occupied by such persons. It shall be unlawful for any Operator to refuse or neglect to comply with the requirements of this Chapter. 10.70.030 Identification required. (a) The Operator shall require identification to be presented upon registration sufficient to confirm the identity of the Guest in the following instances: i) when a Guest obtains a right to Occupancy by paying for the room entirely in cash; ii) when a Guest has not made a prior reservation and obtains a right to Occupancy on a “walk-in” basis; and iii) when, at the time of Guest registration, the Operator does not have in its possession all of the Register information required by Section 10.70.020(a). (b) When identification is required by this Section, the Operator shall record in the Register the type of identification presented, the number and expiration date of the identification presented, and the information required by Section 10.70.020. The Operator may comply with this Section by swiping a driver’s license or identification card issued by the Department of Motor Vehicles - 3 - in an electronic device and recording the information in the Register, as permitted by California Civil Code section 1798.90.1. 10.70.040 Retention of Register. (a) The Operator shall keep the Register on the Hotel premises in the guest reception, guest check-in area, or in an adjacent office. The Register shall be maintained at that location on the Hotel premises for a period of two (2) years from the date of the last entry in the Register. (b) No person shall alter, deface, or erase the Register so as to make the information recorded in it illegible or unintelligible, or hinder, obstruct, or interfere with any inspection of the Register under this Chapter. 10.70.050 Register – Format. Any Register maintained in the form of a book shall be permanently bound, each page shall be sequentially numbered and the book shall be the minimum size of eight by ten inches. No page shall be removed from the book. A Register may be maintained electronically, but the electronic Register must be printable. 10.70.060 Register – Inspection. The Register shall be made available to any officer of the South San Francisco Police Department. Whenever possible, the inspection shall be conducted at a time and in a manner that minimizes any interference with the operation of the business. 10.70.070 False information prohibited. It is unlawful for any Guest to use or allow the use of any name other than his or her true name in so registering. 10.70.080 Posting regulations. A copy of this Chapter shall be posted by the Hotel Operator in a conspicuous place on the Hotel premises, within reasonable view of any person who wishes to become a Guest of the Hotel. 10.70.090 Penalty for violation. (a) Any person violating a provision of this Chapter is guilty of an infraction and, upon conviction, shall be punished as set forth in Chapter 36900 of the Government Code. After a third conviction for a violation of the same provision, any subsequent violations within a twelve (12)-month period may be charged as a misdemeanor. (b) Continuing Violation. Unless otherwise provided, a person, firm, corporation or organization shall be deemed guilty of a separate offense for each and every day during any portion of which a violation of this chapter is committed, continued or permitted by the person, firm, corporation or organization and shall be punishable accordingly as herein provided. - 4 - SECTION 2. SEVERABILITY If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of South San Francisco hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. SECTION 3. PUBLICATION AND EFFECTIVE DATE Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk’s Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk ’s Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This Ordinance shall become effective thirty days from and after its adoption. * * * * * * * Introduced as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held the _____ day of _____________, 2013 by the following vote: Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held the _____ day of _____________, 2013 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Krista Martinelli, City Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this _____ day of _____________, 2013. Pedro Gonzalez, Mayor 1728066.4