Item Coversheet

Agenda Item No: 15.






AGENDA REPORT

DATE:

July 7, 2020 

TO:

Mayor and City Council

FROM:

Stefan T. Chatwin City Manager


SUBJECT:

First Reading and Introduction of an Ordinance 2020-10 of the City Council of the City of Fairfield Adding a New Section 12.20 to Chapter 12 (Offenses - Miscellaneous) of the Fairfield City Code to Close the Civic Center Grounds During Certain Nighttime Hours


RECOMMENDED ACTION 

Waive full reading, read by title only, and introduce ordinance for first reading.

STATEMENT OF ISSUE 

Unlawful activities have been occurring in the Fairfield Civic Center complex, including littering, vandalism, accumulation of debris, indecent exposure and urinating/defecating on buildings and entrances. These activities affect City employees and community members who work on or visit the grounds. Many times the impacts are discovered in the morning, when employees and community members arrive to work or carry out business, indicating the activities are occurring overnight.

DISCUSSION

The presence of litter, vandalism, debris, urination/defecation on buildings and entrances, and similar conditions is a growing public health, safety, and welfare concern for City employees as well as community members. These incidents cost City resources and employee time to address, and can present sanitary risks for those having to perform the cleanup. Community members (adults, youth and small children) who come to the Civic Center grounds are exposed to these conditions as well.

 

The City’s parks and open space areas are currently closed at night, between the hours of 30 minutes past sunset and sunrise the following day. (Fairfield Mun. Code § 12B.11.) This provision does not apply to the Fairfield Civic Center complex, which include the grounds surrounding City Hall, the Fire Department, the Police Department, the Community Center, the County Library, and the Adult Recreation Center, as shown below.

 

It would not be feasible to adopt the same closure hours for the Civic Center grounds as for City parks, because meetings and other events frequently extend long past sunset, and occasionally past midnight. The public has the right to attend these meetings. Importantly, the public also has the Constitutional right to assemble, express ideas, and petition their government. The Civic Center grounds would likely be considered a traditional public forum under First Amendment caselaw; accordingly, any regulations on speech must be reasonable and content-neutral time, place, and manner restrictions, which are narrowly tailored to achieve the City’s significant governmental interests. (See Prigmore v. City of Redding, 211 Cal.App.4th 1322 (2012) (holding that a library plaza was a traditional public forum); Ward v. Rock Against Racism, 491 U.S. 781 (1989)). To that end, the proposed Ordinance seeks to address the City’s public health, safety, welfare, and park maintenance concerns by closing the Civic Center grounds between the limited hours of 1:00 a.m. and 6:00 a.m., with exemptions allowed for persons participating in authorized activities or needing to access the Police Department.

 

The proposed Ordinance is modeled off a similar ordinance adopted by the City of Santa Monica, CA.  Fairfield Police Department staff met with Santa Monica Police and City staff and learned of their city ordinance and how it has worked for them. Based on Santa Monica’s experience, staff believes that the proposed Ordinance will help to reduce the amount of unlawful activities taking place on the Civic Center grounds. 

 

The Ordinance was drafted in coordination with the City Attorney’s Office and the Solano District Attorney’s Office. The Solano County District Attorney’s Office suggested that the ordinance be progressive in severity, starting as an infraction and elevating to a misdemeanor upon the fourth offense. This process is important as it will show and indicate the offense is from a habitual offender when it reaches a misdemeanor level.


FINANCIAL IMPACT

The fiscal impact of the proposed Ordinance will include the cost to purchase and install signs around the Civic Center complex to provide conspicuous notice of the ordinance and times of closure.

CITY COUNCIL WORKPLAN 
Community Safety
 Community Infrastructure Quality of Life
Financial and Operational Sustainability Economic Development Travis Air Force Base

City Council Goal this item supports: 
Community Safety, Quality of Life
 

Project:
Not Applicable
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION 
N/A
ALTERNATIVE ACTION 

City Council may decline to adopt the proposed ordinance.

STAFF CONTACT 

Jausiah Jacobsen, Lieutenant

(707) 428-7314

jjacobsen@fairfield.ca.gov


COORDINATED WITH 
City Attorney's Office
ATTACHMENTS:
Description
Civic Center
Proposed Ordinance
REVIEWERS:
ReviewerActionDate
AnswererApproved6/23/2020 - 4:42 PM
AnswererApproved6/23/2020 - 7:47 PM
Ballard, KellyApproved6/24/2020 - 12:07 PM
Ballard, KellyApproved6/29/2020 - 5:06 PM