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Home My Public Portal About08-1414 ORDINANCE NO. 08-1414U AN INTERIM ORDINANCE OF TIIE CITY OF CARSON, CALIFORNIA, EXTENDING ORDINANCE NO. 08-1413U, TEMPORARILY AMENDING ARTICLE IX, CHAPTER 1, BY ADDING SECTION 9122.9, SECTION 9138.72, AND SECTION 9182.31 AND AMENDING ARTICLE IV BY ADDING CHAPTER 14 TO THE CARSON MUNICIPAL CODE REGARDING RESIDENCE AND LOITERING RESTRICTIONS FOR SEX OFFENDERS FOR AN ADDITIONAL TEN MONTHS AND FIFTEEN DAYS WHEREAS, on November 7, 2006 the voters of the State of California overwhelmingly approved Proposition 83, The Sexual Predator Punishment and Control Act, commonly referred to as Jessica's Law, so as to better protect Californians, and, in particular, the children of this State from sex offenders; and WHEREAS, Proposition 83 enacted subsection (b) of Penal Code § 3003.5 which prohibits any registered sex offender, on parole to the California Department of Corrections and Rehabilitation - Division of Adult Parole Operations, from residing within 2,000 feet of any public or private school, or any park where children regularly gather; and WHEREAS, Proposition 83, as codified in subsection (c) of Penal Code § 3003.5, authorizes municipal jurisdictions to enact local ordinances that further restrict the residency of any registered sex offender, whether or not on parole or probation; and WHEREAS, there are numerous registered sex offenders in the city of Carson, and many of these registered sex offenders are on parole; and WHEREAS, in March 2008, the city of Carson was notified by the public that there was an over-concentration of sex offenders amounting to thirty (30) sex offenders at one time at the Carson Plaza Hotel; and WHEREAS, on July 22, 2008, the Los Angeles County Sherriff's Department notified the City that there is an over-concentration of twelve (12) sex offenders residing within a residential neighborhood at a duplex located at 2510 and 2512 East Harrison Street; and WHEREAS, in early September 2008, the City was again notified that another facility housing sex offenders has established at 21256 South Alameda Street; and WHEREAS, the city is concerned with recent occurrences within the city, and elsewhere in California, where multiple registered sex offenders have been residing in "clusters" in violation of subsection (b) of Penal Code § 3003.5 which prohibits over concentrations of such offenders; and [MORE] ORDINANCE NO.08-1114U PAGE 2OF5 WHEREAS, local ordinances authorized by subsection (c) of Penal Code § 3003.5 are permitted to regulate the number of registered sex offenders that reside in a residential facility. including those facilities which serve six or fewer persons and are considered a single family uwelling pursuant to Health and Safety Code § 1566.3; and WHEREAS, because of the potential dangers associated with multiple registered sex offenders living near families with children and places where children frequently gather, coupled with the fact that subsection (a) of Penal Code § 3003.5 expressly refers to "single family dwellings" as opposed to multiple family dwellings, Chapter IX and Chapter IV of the Municipal Code need to be amended so as to regulate the number and concentration of registered sex offenders permitted to reside in multiple family dwellings; and WHEREAS, the city of Carson desires to maintain its status as an attractive place of residence for families with children; and WHEREAS, on September 2, 2008, the City Council approved Urgency Ordinance No. 08-1413U to temporarily provide residency and loitering restrictions for sex offenders up to 45 days; and to address public concerns for safety and provide protection to the public while a permanent ordinance is being prepared; and WHEREAS, on September 23, 2008, the Planning Commission recommended approval to the City Council permanent Ordinance No. 08-1413U; and WHEREAS, Urgency Ordinance No. 08-1413U expires on October 17, 2008 unless extended by a four-fifths vote of the City Council at a public hearing for an additional ten months and fifteen days or until permanent Ordinance No. 08-1413 is enacted; and WHEREAS, after notice and a public hearing, Government Code Sections 65858, 36934 and 36937 permit the City Council to extend Urgency Ordinance No. 08-1413U for an additional ten months and fifteen days to allow the City Council to enact permanent Ordinance No. 08- 1413; and WHEREAS, the proposed extension of Urgency Ordinance No. 08-1413U was agendized for a duly noticed public hearing before the City Council on October 7, 2008 and evidence was heard and presented from all persons interested in affecting said proposal, from all persons protesting the same and from members of the city staff, and the City Council has reviewed, analyzed and studied said proposal. NOW THEREFORE, the City Council of the city of Carson, California, does hereby ordain as follows: [MORE] ORDINANCE NO.08-1414U PAGE 3 OF 5 Section 1. That the City Council, exercising their independent judgment, finds that the proposed code amendment is exempt from the California Environmental Quality Act (CEQA) Guidelines per Section 15061(b)(3), which exempts projects where it can he positively determined that the activity does not have the potential to cause a significant effect on the environment. The City Council determines that the proposed Code Amendment will not impact the environment. Section 2. The City Council of the City of Carson finds that the above recitals are true and correct and incorporated herein by this reference. Section 3. Urgency Ordinance No. 08-1413U is hereby extended for an additional ten months and fifteen days beyond its original expiration date of October 17, 2008, such that Urgency Ordinance No. 08-1413U will now expire on September 1, 2009, unless the city adopts a permanent ordinance. Section 4. Urgency Ordinance No. 08-1413U is hereby extended pursuant to the authority conferred upon the City Council of the City of Carson by Government Code Sections 65858, 36934 and 36937, and shall remain in full force and effect immediately upon adoption of this extension by a four-fifths (4/5) vote of the City Council as if and to the same extent that such ordinance had been adopted pursuant to each of the individual sections set forth hereinabove. Section 5. In adopting this extension, the City Council finds and determines that each of the recitals contained in Urgency Ordinance No. 08-1413 remains true and correct, and that the adoption of this extension is necessary to continue protecting the public safety, health and welfare, in at least the following respects: (a) If the over-concentration of sex offenders is not regulated by the Carson Muncipal Code, over-concentrated dwelling units may be established in locations that may be inappropriate such as residential neighborhoods with many children present or in close proximity to day care facilities where small children frequent,and (b) If the over-concentration of sex offenders is not regulated, the City may jeopardize the public's safety, health, and welfare by allowing sex offenders to reside within over-concentrated dwellings and loiter near vulnerable children or potential victims. Section 6. That, pursuant to Government Code Section 65858(d), ten days prior to consideration of this ordinance, the City issued a written report describing the measures taken to alleviate the condition which led to the adoption of Urgency Ordinance No. 08-1413U and this extension thereof. [MORE] ORDINANCE NO.05 1414U PAGF,4OF Section 7. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections, clauses, phrases or portions he declared invalid or unconstitutional. Section 8. The City Clerk shall certify to the passage of this ordinance and cause it to be posted in three conspicuous places in the city of Carson, and it shall take effect on the thirty- first(31) day after it is approved by the Mayor. PASSED, APPROVED, and ADOPTED this 7th day of October, 2008. cLv.. Mayor Jim Dear ATTEST: City Clerk Helen Kawagoe APPROVED AS TO FORM: City Attorne ORDINANCE NO. 08-1414U PAGE 5 OF 5 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF CARSON ) I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing ordinance, being Ordinance No. 08-1414U was duly and regularly adopted by the City Council of said City on an urgency basis at a meeting of said Council, duly and regularly held on the 7th day of October, 2008, and that the same was passed and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Mayor Dear, Gipson, Santarina, Williams and Davis-Holmes NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None (rAT.; -- City Clerk, City of Carson, California