CC - Item 5F - Ordinance No. 975 - Second Reading And Adoption: Repealing Chapter 9.30 Titled Residency Restrictions For Registered Sex Offenders From The Rosemead Municipal Code mil
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ROSEMEAD CITY COUNCIL
STAFF REPORT
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TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BILL R. MANIS, CITY MANAGER, 41
DATE: OCTOBER 24, 2017
SUBJECT: ORDINANCE NO. 975 — SECOND READING AND ADOPTION:
REPEALING CHAPTER 9.30 TITLED RESIDENCY RESTRICTIONS
FOR REGISTERED SEX OFFENDERS FROM THE ROSEMEAD
MUNICIPAL CODE
SUMMARY
On September 12, 2017, the City Council introduced Ordinance No. 975, repealing chapter 9.30,
titled residency restrictions for registered sex offenders from the Rosemead Municipal Code.
STAFF RECOMMENDATION
It is recommended that the City Council approve the second reading and adoption of Ordinance
No. 975.
FISCAL IMPACT -None
STRATEGIC PLAN IMPACT -None
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
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Marc Donohue, City Clerk
Attachment: Ordinance No. 975
ITEM NUMBER: SP
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CIVIC PRIDE
/NCORPORATED 19`9
Attachment
Ordinance No. 975
ORDINANCE NO. 975
AN ORDINANCE OF THE CITY COUNCIL OF ROSEMEAD
REPEALING CHAPTER 9.30 TITLED RESIDENCY RESTRICTIONS
FOR REGISTERED SEX OFFENDERS FROM THE ROSEMEAD
MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings.
A. On November 7, 2006 the voters of the State of California approved Proposition
83, the Sexual Predator Punishment and Control Act, with the intent to better protect
Californians, and children in particular, from sex offenders. Following the adoption of
Proposition 83, the City of Rosemead, like many other cities in the State of California, adopted
an ordinance that prohibits any registered sex offender from residing in certain locations within
the City.
B. Studies conducted after the adoption of Proposition 83 indicate that the
Proposition has not improved the protection of persons from registered sex offenders, and case
law has called into question the constitutionality of enforcing Proposition 83. In its September
2011 Report entitled "Homelessness Among California's Sex Offenders," the California Sex
Offender Management Board concluded that there is no evidence that residency restrictions
prevent or deter sex crimes against children. In fact, the Board has found evidence that residency
restrictions actually have the unintended effect of increasing the likelihood of re-offense because
the restrictions push the offenders into homelessness, and stable housing has been shown to be a
key factor in reducing recidivism. Based on these facts, the California Supreme Court in In Re
Taylor found Proposition 83 to violate the U.S. Constitution as applied in San Diego County.
C. On May 21, 2017 the City received a letter from the Law Office of Janice M.
Bellucci threatening legal action against the City challenging the City's residency restrictions for
sex offenders based on In re Taylor and a later appellate case titled People v. Lynch which held
that residency restrictions can only be lawfully applied to sex offenders while they are on parole.
D. Based on these facts, the City Council finds that this ordinance is necessary for
the preservation of the public peace, health, and safety.
SECTION 2. Repeal of Chapter 9.30. Chapter 9.30 of the Rosemead Municipal Code
is hereby repealed.
SECTION 3. Environmental Determination. The City Council exercises its
independent judgment and finds that this ordinance is exempt from environmental review. The
ordinance involves updates and revisions to existing regulations, and it can be seen with certainty
that the text amendments will have no significant negative effect on the environment, per CEQA
Guidelines, Section 15061(b)(3).
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SECTION 4. Severability. If any section, subsection, sentence, clause, or phrase of this
ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision will not affect the validity of the remaining portions of this
ordinance. The City Council hereby declares that it would have passed this ordinance and each
and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional
without regard to whether any portion of the ordinance would be subsequently declared invalid
or unconstitutional.
SECTION 5. Publication. The City Clerk is directed to cause this ordinance to be
published in the manner required by law.
SECTION 6. Effective Date. This Ordinance shall take effect thirty (30)days from its
passage by the City Council of the City of Rosemead.
PASSED, APPROVED AND ORDAINED this 24`h day of October, 2017.
Polly Low, Mayor
APPROVED AS TO FORM: ATTEST:
Rachel Richman, City Attorney Marc Donohue, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §
CITY OF ROSEMEAD )
I, Marc Donohue, City Clerk of the City Council of the City of Rosemead, California, do hereby
certify that the foregoing Ordinance No. 975, was introduced at a regular meeting of the City
Council of the City of Rosemead held on the 12th day of September, 2017 and was adopted by
the City Council of the City of Rosemead at a regular meeting held the 24th day of October,
2017, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Marc Donohue, City Clerk