Agenda, special meeting — Fairfield City Council, May 17, 2022

NEW BUSINESS

1.Report on Waterman Boulevard Halfway House Residence
Recommended Action
Receive report, open discussion, and provide direction to staff.

Funding Source
N/A
Contact:David Lim, (415) 4218484
a

ADJOURN
Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the City of Fairfield to all or a majority of the Fairfield City Council less than 72 hours prior to that meeting are available for public inspection at City Hall, in the 4th floor lobby, 1000 Webster Street, Fairfield, California during normal business hours.

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CITY OF FAIRFIELDSPECIAL MEETINGFAIRFIELD CITY COUNCILTUESDAY, MAY 17, 2022; 5:30 PMCOUNCIL CHAMBER, 1000 WEBSTER STREET,FAIRFIELD, CA 94533 OR VIA ZOOMAGENDAPer AB 361 councilmembers may attend via teleconference. Members of the public may join viaZoom at https://fairfieldca.zoom.us/j/82792299929?pwd=Slh3VSt4TG9Cd05tZmhHTmdYMkFoUT09or by phone: (669) 9006833 Webinar ID: 827 9229 9929 Passcode: 7074287400CALL TO ORDER 5:30 PMROLL CALLCouncilmember Pam Bertani Councilmember Cat MoyCouncilmember Doriss PanduroCouncilmemberChuck TimmCouncilmember Scott Tonnesen ViceMayor Rick VaccaroMayor Harry PricePUBLIC COMMENTS PROCESS FOR PUBLIC COMMENTSPersons wishing to address the City Council on subjects on the agenda may do so at this time. Thecouncil cannot discuss or take action on matters not on the agenda for this meeting. To speak on anagenda item, please complete a speaker's card and give it to the city clerk before the meeting, or atthe latest, prior to the time for public comments on that item. When joining via Zoom, please use the“raise your hand” feature or press *9 on your phone to request to speak. Speakers are limited tothree minutes.NEW BUSINESS1.Report on Waterman Boulevard Halfway House ResidenceRecommended ActionReceive report, open discussion, and provide direction to staff.Funding SourceN/AContact:David Lim, (415) 4218484a ADJOURNAny disclosable public records related to an open session item on a regular meeting agenda anddistributed by the City of Fairfield to all or a majority of the Fairfield City Council less than 72 hours prior to that meeting are available for public inspection at City Hall, in the 4th floor lobby, 1000 Webster Street, Fairfield, California during normal business hours.

The City of Fairfield does not discriminate against any individual with a disability. City publications will be made available upon request in the appropriate format to persons with a disability. If you need an accommodation to attend or participate in this meeting due to a disability, please contact the City Clerk's Office, in advance of the meeting at (707) 4287400 or (707) 3995623 (TTY).

PUBLIC NOTIFICATION
I, Esther Beavers, Deputy City Clerk, do hereby certify that I have caused a true copy of the above notice and agenda to be delivered to each of the members of the Fairfield City Council, at the time and in the manner prescribed by law and that this agenda was posted at City Hall, 1000 Webster Street, Fairfield, California on May 12, 2022.

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Agenda Item No: 1.

AGENDA REPORT
DATE:May 17, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Report on Waterman Boulevard Halfway House Residence RECOMMENDED ACTION
Receive report, open discussion, and provide direction to staff.

STATEMENT OF ISSUE
At the April 6, 2022 City Council meeting, several members of the public addressed concerns regarding a “Halfway House” with convicted sex offenders living at a house on Waterman Boulevard in Fairfield. Because the concerns were raised during public comment, the City Council was not able to take formal action, but asked the City Attorney to report back with an overview of the reentry process for convicted sex offenders.

DISCUSSION
This memo serves to provide the legal background into the reentry of sex offenders into a community. This is a highlevel overview of the topic, and not meant to be legally comprehensive of every situation that may occur. To protect the privacy rights of individuals, this memo also does not discuss individual business or cases, or name any parolee by name.

Legal Status of Convicted Sex Offenders On Parole
Convicted sex offenders who are placed on parole have been lawfully convicted of a felony sex crime and have served their term of imprisonment. To help ease their reintroduction into society and to protect the public safety, these inmates are put on a period of parole and are called “parolees.” The legislature declares that the purpose of parole is to assist in the transition of the parolee from prisoner to functioning member of society. Penal Code section 3000 states, “The Legislature finds and declares that the period immediately following incarceration is critical to successful reintegration of the offender into society and to positive citizenship. It is in the interest of public safety for the state to provide for the effective supervision of and surveillance of parolees, including the judicious use of revocation actions, and to provide educational, vocational, family, and personal counseling necessary to assist parolees in the transition between imprisonment and discharge.” Thus, the purpose of parole is NOT to continue to punish the parolee.

With very limited exceptions, the law requires that an inmate who is released on parole be returned to the county that was the last legal residence of the inmate prior to the inmate’s incarceration.

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Parolees are under the oversight of the Division of Adult Parole Operations, which is a division of the California Department of Corrections and Rehabilitation.

City governments have no oversight authority over parolees and may not enact laws to control or monitor parolees based on their parole status.

In 2006, the voters of California enacted Proposition 83, also known as “Jessica’s Law”, which sought to “prevent sex offenders from living near where our children learn and play.” Specifically, Proposition 83 added subdivision (b) to Penal Code section 3003.5 to make it “unlawful for any person for whom registration is required pursuant to Section 290 to reside within 2000 feet of any public or private school, or park where children regularly gather.”
In 2015, the California Supreme Court in the case of In re William Taylor (2015) 60 Cal.4th 1019 struck the blanket restrictions of Penal Code section 3003.5(b) as unconstitutional, but did allow the California Department of Corrections and Rehabilitation to impose special restrictions on registered sex offenders in the form of residency restrictions that may be more or less severe, as long as they are based on, and supported by, the particularized circumstances of each individual parolee.

In other words, a blanket restriction that prevents sex offenders from residing within 2000 feet of any school or park is unconstitutional. Individual sex offenders may be restricted from living within 2000 feet of any school or park on a casebycase basis, at the discretion of the California Department of Corrections and Rehabilitation.

Generally, a sex offender on parole is prohibited from residing in a singlefamily dwelling with another sex offender, except that a residential facility located within a singlefamily dwelling which serves six or fewer persons are excluded from this restriction.

A home that houses sex offenders on parole for profit must abide by all planning and zoning codes, and is required a hold a business license from the City of Fairfield.  However, the City may not refuse to issue a permit or business license solely based on the fact that a home will be used to house sex offenders on parole.  A denial of a permit based on the planning or zoning code must adhere to building and zoning laws.  A denial or revocation of a business license may only be made in the following circumstances listed in Fairfield Municipal Code section 10B.32:
(a)    The applicant has failed to complete the application for a business license or renewal as prescribed in this chapter; or
(b)    The applicant has knowingly made any false, misleading, or fraudulent statement of material fact in the application for the business license or in any report or statement required to be filed with the city; or
(c)    The business or the activities or conduct of the business at the proposed location is prohibited by any provision of this code or any local, state, or federal law, statute, rule, or regulation; or
(d)    The building, structure, premises, or the equipment used to conduct the business activity fails to comply with all applicable health, zoning, fire, building, and safety laws of the city or state; or
(e)    The prescribed taxes for the business have not been paid.

Current Status of Convicted Sex Offenders On Parole in the City of Fairfield The City of Fairfield current has 278 sex registrants in Fairfield, 40 of which are homeless. Placement and oversight of these individuals is conducted by the California Department of Corrections and Rehabilitation, except for 290 registration which is overseen by the Fairfield Police Department.

Ability of City Council to Regulate Convicted Sex Offenders On Parole The ability of the Fairfield City Council to regulate convicted sex offenders on parole is nonexistent.

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Agenda Item No: 1.AGENDA REPORTDATE:May 17, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Report on Waterman Boulevard Halfway House ResidenceRECOMMENDED ACTIONReceive report, open discussion, and provide direction to staff.STATEMENT OF ISSUEAt the April 6, 2022 City Council meeting, several members of the public addressed concernsregarding a “Halfway House” with convicted sex offenders living at a house on Waterman Boulevard inFairfield. Because the concerns were raised during public comment, the City Council was not able totake formal action, but asked the City Attorney to report back with an overview of the reentry processfor convicted sex offenders.DISCUSSIONThis memo serves to provide the legal background into the reentry of sex offenders into acommunity. This is a highlevel overview of the topic, and not meant to be legally comprehensive ofevery situation that may occur. To protect the privacy rights of individuals, this memo also does notdiscuss individual business or cases, or name any parolee by name. Legal Status of Convicted Sex Offenders On ParoleConvicted sex offenders who are placed on parole have been lawfully convicted of a felony sex crimeand have served their term of imprisonment. To help ease their reintroduction into society and toprotect the public safety, these inmates are put on a period of parole and are called “parolees.” The legislature declares that the purpose of parole is to assist in the transition of the parolee fromprisoner to functioning member of society. Penal Code section 3000 states, “The Legislature finds anddeclares that the period immediately following incarceration is critical to successful reintegration of theoffender into society and to positive citizenship. It is in the interest of public safety for the state toprovide for the effective supervision of and surveillance of parolees, including the judicious use ofrevocation actions, and to provide educational, vocational, family, and personal counseling necessary toassist parolees in the transition between imprisonment and discharge.” Thus, the purpose of parole isNOT to continue to punish the parolee.With very limited exceptions, the law requires that an inmate who is released on parole be returned tothe county that was the last legal residence of the inmate prior to the inmate’s incarceration.Parolees are under the oversight of the Division of Adult Parole Operations, which is a division of theCalifornia Department of Corrections and Rehabilitation. City governments have no oversight authority over parolees and may not enact laws tocontrol or monitor parolees based on their parole status.In 2006, the voters of California enacted Proposition 83, also known as “Jessica’s Law”, which soughtto “prevent sex offenders from living near where our children learn and play.” Specifically, Proposition83 added subdivision (b) to Penal Code section 3003.5 to make it “unlawful for any person for whomregistration is required pursuant to Section 290 to reside within 2000 feet of any public or privateschool, or park where children regularly gather.” In 2015, the California Supreme Court in the case of In re William Taylor (2015) 60 Cal.4th 1019 struckthe blanket restrictions of Penal Code section 3003.5(b) as unconstitutional, but did allow the CaliforniaDepartment of Corrections and Rehabilitation to impose special restrictions on registered sexoffenders in the form of residency restrictions that may be more or less severe, as long as they arebased on, and supported by, the particularized circumstances of each individual parolee. In other words, a blanket restriction that prevents sex offenders from residing within 2000 feet of anyschool or park is unconstitutional. Individual sex offenders may be restricted from living within 2000 feetof any school or park on a casebycase basis, at the discretion of the California Department ofCorrections and Rehabilitation. Generally, a sex offender on parole is prohibited from residing in a singlefamily dwelling with anothersex offender, except that a residential facility located within a singlefamily dwelling which serves six orfewer persons are excluded from this restriction. A home that houses sex offenders on parole for profit must abide by all planning and zoning codes, andis required a hold a business license from the City of Fairfield. However, the City may not refuse toissue a permit or business license solely based on the fact that a home will be used to house sexoffenders on parole. A denial of a permit based on the planning or zoning code must adhere to buildingand zoning laws. A denial or revocation of a business license may only be made in the followingcircumstances listed in Fairfield Municipal Code section 10B.32:(a) The applicant has failed to complete the application for a business license or renewalas prescribed in this chapter; or(b) The applicant has knowingly made any false, misleading, or fraudulent statement ofmaterial fact in the application for the business license or in any report or statementrequired to be filed with the city; or(c) The business or the activities or conduct of the business at the proposed location isprohibited by any provision of this code or any local, state, or federal law, statute, rule, orregulation; or(d) The building, structure, premises, or the equipment used to conduct the businessactivity fails to comply with all applicable health, zoning, fire, building, and safety laws ofthe city or state; or(e) The prescribed taxes for the business have not been paid.Current Status of Convicted Sex Offenders On Parole in the City of FairfieldThe City of Fairfield current has 278 sex registrants in Fairfield, 40 of which are homeless. Placementand oversight of these individuals is conducted by the California Department of Corrections andRehabilitation, except for 290 registration which is overseen by the Fairfield Police Department.

Ability of City Council to Regulate Convicted Sex Offenders On Parole The ability of the Fairfield City Council to regulate convicted sex offenders on parole is nonexistent.

Oversight of parolees is specifically designated to the California Department of Corrections and Rehabilitation. City governments derive their power from the California Government Code. The California Government Code does not empower the City Council to regulate convicted sex offenders. City governments have no oversight authority over parolees and may not enact laws to control or monitor parolees based on their parole status.

While a City may utilize zoning and planning codes as well as business license regulations to maintain a wellordered city, the City must be careful not use those laws to arbitrarily focus on businesses or homes that serve convicted sex offenders. Any such attempt would likely be viewed as an unconstitutional restriction against convicted sex offenders.

Ability of City Council to Lobby for Changes to Parole Conditions for Convicted Sex Offenders
There are no restrictions on the ability of the City Council to lobby state legislators for changes to the law governing parole conditions for convicted sex offenders.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
N/A
STAFF CONTACT
David Lim, City Attorney
(415) 4218484
[email protected]
COORDINATED WITH
City Attorney's Office, City Manager's Office, Police Department REVIEWERS:

Reviewer Action Date
Alexander, Amber Approved 4/25/2022 2:41 PM
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Fairfield City CouncilMay 17, 2022

Fairfield City Council
May 17, 2022