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HomeMy WebLinkAboutCC Resolution 26-13383 - Prohibition on Use of City Property for Federal Civil Immigration Enforcement ActivitiesRESOLUTION NO. 26-13383 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADOPTING A COUNCIL POLICY PROHIBITING THE USE OF CITY PROPERTY FOR CIVIL IMMIGRATION ENFORCEMENT ACTIVITIES WHEREAS, on April 21, 2026, in response to a nationwide increase in federal civil immigration enforcement actions, continued increases in community fear related to these actions, and great concern over the loss of life connected to these actions, the City Council (Council) directed staff to return to the Council with a policy prohibiting the use of City of Campbell (City) property for federal civil immigration enforcement activities; and WHEREAS, on April 21, 2026, the Council specifically requested staff return with a policy that would include the following: • A prohibition on the use of all City -owned and City -controlled property for civil immigration enforcement activities, • An exemption to allow for the use of City -owned or controlled property for the execution of lawful judicial warrants, • An exemption for the use of City -owned or controlled property for the enforcement of criminal law by enforcement agencies; • An exemption for property that is the subject of an existing lease or other type of contractual agreement, with the exception of the Campbell Library that will be operated by the Santa Clara County Library Joint Powers Authority (Library JPA); and, with the exception of City -owned property operated and controlled by the Santa Clara County Fire Department (County Fire) for its Fire Stations; and WHEREAS, staff has drafted a policy (attached hereto) that clearly prohibits federal agents from using City -owned and City -controlled property for civil immigration efforts, exempting: • Property that is being used for the lawful execution of a judicial warrant, • Property that is being used for criminal enforcement activities; and • Property that is the subject of an existing lease, license, or other agreement with the City; and WHEREAS, to address the Council's concerns regarding its lease with the Library JPA to operate the Campbell Library, the City has included in its lease with the Library JPA language that requires them to comply with all City policies and procedures; and WHEREAS, to address the Council's concerns regarding City property controlled by County Fire for its Fire Stations, County Fire is already subject to an existing Santa Clara County (County) policy prohibiting the use of County Fire -controlled property for civil immigration enforcement activities; and WHEREAS, in light of the above lease condition and the above County policy, the proposed Campbell Council policy need not include language specifically regarding these particular City -owned properties, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell does hereby adopt the proposed Council Policy prohibiting the use of City -owned and City -controlled property for federal civil immigration enforcement activities, as more fully spelled out in the attached proposed Council Policy 10.7. PASSED AND ADOPTED this 5th day of May, 2026 by the following roll call vote: AYES: Councilmembers: Lopez, Hines, Bybee, Furtado NOES: Councilmembers: None ABSENT: Councilmembers: Scozzola A PROVED - Daniel E. rurtado, Mayor ATTEST: Andrea Sande , City Clerk SECTION 10.7 PROHIBITION ON THE USE OF CITY PROPERTY FOR CIVIL IMMIGRATION ENFORCEMENT ACTIVITIES Purpose. This Prohibition on the Use of City Property for Civil Immigration Enforcement Activities (Policy) responds to a nationwide increase in federal civil immigration enforcement actions, a continued increase in community fear related to these actions, and great concern over the loss of life connected to these actions. II. Definitions. a. "Operation Base" shall mean an area that is used to plan, coordinate and execute civil immigration enforcement activities. b. "Processing Location" shall mean an area that is used for activities such as the identification, intake, processing of documentation, detention, arrest, or temporary holding of individuals in connection with civil immigration enforcement operations. C. "Property" shall include but not be limited to any City -owned or City - controlled lot, vacant lot, parking lot, parking garage, park, open space, or other facility, building, or structure. d. "Staging Area" shall mean an area that is used to assemble, mobilize, and deploy vehicles, equipment, or materials, and related personnel, for the purpose of carrying out civil immigration enforcement operations. III. Prohibition on Use of City Property for Civil Immigration Enforcement Activities. No City -owned or City -controlled Property shall be used as a Staging Area, Processing Location, or Operations Base for civil immigration enforcement purposes. IV. Limitations on Scope. a. Existing Agreements. This Policy does not apply to Property that is subject to an existing lease, license, operator agreement, or other contractual restriction entered into with the City, unless otherwise agreed to by the parties to that existing agreement. b. Criminal Law Enforcement. Nothing in this Policy shall be construed as restricting or interfering with the execution of lawful judicial warrants or the enforcement of criminal law by any federal, state or local law enforcement agency. c. Other Rights Under State or Federal Law. Nothing in this Policy shall be construed as limiting the rights of any person or entity under state or federal law. d. Other Lawful Uses. This Policy does not prohibit the lawful use of City - owned and City -controlled Property for purposes other than the civil immigration enforcement activities expressly prohibited hereunder, nor does it restrict any person or entity, including, without limitation, federal law enforcement agencies, from carrying out functions unrelated to those purposes on such Property. V. Future Agreements. Wherever possible, and allowed by law, the City Manager shall direct that the use limitations set forth in this Policy be included in all future leases, licenses, operator agreements, or other contractual restrictions relating to City -owned or City -controlled Properties. VI. Severability. If any section, subsection, sentence, clause, phrase, or word of this Policy or its application is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Policy. To this end, the provisions of this Policy, and each of them, are severable.