Legislation Details

File #: 26-934    Version: 1
Type: Strategic Support Status: Agenda Ready
File created: 8/27/2026 In control: City Council
On agenda: 9/15/2026 Final action:
Title: Temporary Moratorium Related to Detention and Custodial Facility on Private Property.
Attachments: 1. Memorandum, 2. Supplemental Memorandum, 9/4/26, 3. Ordinance
...Title
Temporary Moratorium Related to Detention and Custodial Facility on Private Property.
...Recommendations
As recommended by the Rules and Open Government Committee on August 12, 2026, adopt, by the affirmative vote of at least nine (9) members of the City Council as required by Cal. Gov. Code §65858 of the City Charter, an interim ordinance to implement a 45-day temporary moratorium on the filing, acceptance, processing, or approvals of applications for the establishment, expansion, or change of use for detention and custodial facility on private property.
(a) A “detention and custodial facility” means a temporary or permanent building, structure, set of buildings, or portion thereof operated by a private or non-governmental person or entity that would detain, confine, process, or house persons in custody.
(b) Excluded from the moratorium are:
(1) Any facility providing rehabilitative, counseling, treatment, mental health, educational, or medical services to a juvenile that is under the jurisdiction of the juvenile court.
(2) Any facility providing evaluation or treatment services to a person who has been detained, or is subject to an order of commitment by a court.
(3) Any facility providing educational, vocational, medical, or other ancillary services to an inmate in custody of, and under the direct supervision of, the State Department of Corrections and Rehabilitation or a county sheriff or other law enforcement agency.
(4) A residential care facility licensed under state law.
(5) Any school facility used for the disciplinary detention of a pupil.
(6) Any facility used for the quarantine or isolation of persons for public health reasons under state law.
(7) Any facility for the purposes of execution of a punitive sentence imposed by a court.
PLEASE NOTE: APPROVAL OF THIS RESOLUTION REQUIRES AFFIRMATIVE VOTES OF NINE MEMBERS OF THE CITY COUNCIL. Cal. Gov. Code §65858(b).
CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making re...

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