in Grants Pass.
Considering the City’s size and its lower homeless population compared to neighboring cities, a prohibition on camping for a period of over 24 hours should adequately addresses its current homelessness related issues. As such, the ordinance defines “camping” as placing, pitching, or occupying camp facilities; living temporarily in a camp facility or outdoors; and using camp paraphernalia in a single location within the City for more than 24 hours.
Exceptions are provided for special events with temporary permits issued by the City Manager and the lawful use of private property. Special events may include events such as youth or school events, marathons or other sporting events, and other scouting activities.
In order to prevent other due process challenges, the ordinance also provides clear instructions for the abatement of campsites. The City will be required to provide a written Notice to Vacate 48 hours before the removal of personal property, camp paraphernalia, and camp facilities begin. The Notice must provide information related to the date and time of posting, the location of the campsite, the required date by which the individual must vacate the campsite, how personal property removed by the City may be retrieved, and when removal by the City will occur. The City will be required to document the removal process by taking photographs during, before, and after abatement, and take inventory of collected items. The collected personal property must then be stored for a period of at least 60 days.
An exception to the notice requirement is provided for exigent circumstances that pose an imminent threat to life, health, safety, or infrastructure which must be immediately addressed. Still, a written notice after abatement providing basic information related to the removal and instructions for retrieving collected property must be given.
II. Prohibition on Storage of Personal Property
The storage of personal property throughout the City is also a closely related issue to camping.
Consequently, the proposed ordinance prohibits the storage of personal property on any public property or private property without the consent of the owner.
Similar to the process for abating campsites, the ordinance provides clear processes for the removal of unlawfully stored personal property. The City will be required to provide a written Notice of Removal at least 24 hours before beginning the removal. The Notice must provide information related to the date and time of posting, the location of the unlawfully stored personal property, the required date by which the individual must remove the personal property, how personal property removed by the City may be retrieved, and when removal by the City will occur. The City will be required to take inventory of the collected items and store them for a period of at least 60 days.
Again, an exception to the notice requirement is provided for exigent circumstances. Under these conditions, the City will be required to post a notice after removal providing basic information related to the removal and instructions for retrieving collected property.
III. Violations and Penalties
Violations of these regulations against camping and storage of personal property will initially result in a verbal or written warning. In alignment with due process requirements, the warning shall describe to the violator the activity constituting a violation, the action required to fix the violation, and the date and time by which the violation must be cured in order to avoid subsequent violations and penalties.
A subsequent violation will be an infraction and punishable by a fine not exceeding $50. This is consistent with the City’s existing penalty provisions in section 1.05.030 of the Municipal Code. While section 1.05.030 provides for fines not exceeding $100 and $200 for a first and second violation, respectively, a lower fine amount is advisable to deter challenges under the Excessive Fines Clause of the Eighth Amendment.
Lastly, any violation of these regulations, that would otherwise be an infraction, will be a misdemeanor if the person is convicted of an infraction under these regulations within 1 year immediately preceding the date of the first violation.
______________________________
Newport Beach, Cal., Mun. Code § 10.14.020(D)-(E) (2023); Pasadena, Cal., Mun. Code §
3.24.110(A)(8).
Grants Pass, Or., Mun. Code § 5.61.010(A) (defines camping as maintaining a campsite in a single location for more than 24 hours); San Diego, Cal., Mun. Code § 63.0402 (defining camping as occupying an encampment for remaining outdoors overnight).
ENVIRONMENTAL IMPACT:
None.
FISCAL IMPACT:
Costs associated with the enforcement of and attorney’s fees for the prosecution of the proposed ordinance.
01247.0001/1019839.1
ORDINANCE NO. 362
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, ADDING CHAPTER 9.32 OF TITLE 9 TO THE
GRAND TERRACE MUNICIPAL CODE TO PROHIBIT UNLAWFUL
CAMPING AND STORAGE OF PERSONAL PROPERTY
WHEREAS, the City of Grand Terrace (“City”) is committed to protecting the life, health, and safety of its residents and all people within the geographical boundaries; and WHEREAS, camping within the City tends to degrade property and create unsanitary, disorderly, and dangerous conditions that affect the residents of the City as well as the general public; and
WHEREAS, the storage of personal property associated with these camping activities detracts from the use of property for its intended purposes and also creates unsanitary, disorderly, and dangerous conditions that affect the residents of the City as well as the general public; and
WHEREAS, the United States Supreme Court recently overruled the Ninth Circuit Court of Appeals precedent in City of Grants Pass v. Johnson, finding laws that regulate camping did not violate the Cruel and Unusual Punishments Clause of the Eight Amendment of the United States Constitution; and
WHEREAS, the City Council intends to act in accordance with the holding of City of Grants Pass by enacting laws regulating camping and storage of personal property in a way that best respects the dignity of all persons; and WHEREAS, the City Council desires to provide staff with direction on how to enforce the removal of unlawful campsites and unlawfully stored personal property.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES ORDAIN AS FOLLOWS:
SECTION 1. The Recitals set forth above are incorporated herein by this reference.
SECTION 2. Chapter 9.32 (“Unlawful Camping and Storage of Personal Property”) of Title 9 (“Public Peace, Morals and Welfare”) of the Grand Terrace Municipal Code is hereby added and shall now read as follows:
CHAPTER 9.32 – UNLAWFUL CAMPING AND STORAGE OF PERSONAL
PROPERTY
9.32.010 – Purpose.
01247.0001/1019839.1
The purpose of this Chapter is to:
A. Protect the health, welfare, and safety of residents and all people within the City’s boundaries by reserving open spaces and facilities within City limits for their intended purposes.
B. Provide standards for camping and sheltering outdoors which are intended to be as compatible as possible with the protection and preservation of health, safety, and welfare of the inhabitants of the City of Grand Terrace, including unhoused persons.
C. Address issues such as fire risk, environmental degradation, public access impediments, unsanitary conditions, and public safety hazards for residents, neighboring businesses, and unhoused persons.
9.32.020 – Definitions.
For the purposes of this chapter:
A. “Camp” or “Camping” means to place, pitch, or occupy camp facilities; to live temporarily in a camp facility or outdoors; to use camp paraphernalia in a single location within the City for more than 24 hours.
B. “Camp facilities” include, but are not limited to, tents, huts, or temporary shelter.
C. “Camp paraphernalia” include, but is not limited to, bedrolls, tarpaulins, cots, beds, sleeping bags, hammocks, or cooking facilities and similar equipment.
D. “City Manager” means the City Manager or his or her designee.
E. “Campsite” means a collection of items that are used or intended to be used for temporary habitation outdoors. Campsites contain camping facilities and/or camping paraphernalia.
F. “Exigent circumstance” means any circumstance in which there is an imminent threat to life, health, safety, or infrastructure which must be immediately addressed.
G. “Hazardous item” means items that present a health or safety risk including but not limited to toxic sharps, chemicals, soiled or moldy items, perishable items, controlled substances, contraband, trash or debris, and any items co-mingled with these listed items.
H. “Personal property” means (1) any item having apparent value of $50 or more; or (2) any item that can reasonably be identified as belonging to an individual and that has apparent value or utility, including but not limited to eyeglasses,
01247.0001/1019839.1
operational wheelchairs, walkers, crutches, other medical equipment, bicycles, scooters, strollers in good repair, uncontaminated and habitable tents, photographs, identification cards, bank statements, and legal papers.
I. “Public property” includes, but is not limited to, a public park, public park facility, public parking lots, public passageways, public rights-of-way, publicly owned landscaped areas, public parkways, public medians, public greenbelts, other government-owned properties located within the City.
J. “Special event” includes, but is not limited to, programs operated by City departments, youth or school events, marathons or other sporting events, and other scouting activities.
9.32.030 – Unlawful camping.
A. It is unlawful and a public nuisance for any person to camp, occupy camp facilities, or use camp paraphernalia on any public property or any private property.
B. The City Manager may, as provided in § 4.100.050, issue a temporary permit to allow camping on public or private property in connection with a special event.
9.32.040 – Permit for special events.
A. The City Manager, may in his or her discretion, issue a permit to establish, maintain and operate a camp facility in connection with a special event.
B. The City Manager may consult with various departments, the county health officer, and the public prior to issuing any temporary permit.
9.32.050 – Abatement of campsites.
A. The City may remove personal property, camp paraphernalia, camp facilities, and all other property where a person is engaged in unlawful camping in accordance with the following procedures:
1. A written Notice to Vacate shall be posted on each tent or structure in a conspicuous manner at least 48 hours before beginning campsite removal. The Notice to Vacate shall include the following information:
a. Posting date and time;
b. Location;
c. “Vacate by” date and time;
01247.0001/1019839.1
d. Directions on how to retrieve the collected property and a telephone number for assistance;
e. Date by which collected property must be retrieved from the City before it is discarded; and
f. Removal start and end dates.
2. Removal work shall begin no earlier than the date written on the Notice to Vacate. If removal work does not begin accordingly, a new Notice to Vacate must be reposted before removal operations may begin.
3. Any person who returns to a campsite during abatement shall be allowed to remove their personal property from the site. Any personal property that the individual leaves behind will be deemed abandoned.
4. Time-stamped photographs or videos should be taken before, during, and after removal work has been completed.
5. Personal property that is not a hazardous item shall be time-stamped photographed and inventoried by describing and labeling the items and identifying the campsite location and removal date. Any hazardous item shall be discarded.
6. Collected personal property shall be stored in a secured location for not less than 60 days. Items not retrieved by the owner within 60 days shall be deemed abandoned and may be discarded or recycled.
B. Under exigent circumstances, the City may remove personal property, camp paraphernalia, camp facilities, and all other property where a person is engaged in unlawful camping without a prior written Notice to Vacate.
1. A written notice shall be posted in a conspicuous manner after removal.
The notice must contain the following information:
a. Date and time of removal;
b. Location;
c. Directions on how to retrieve the collected property and a telephone number for assistance; and
d. Date by which collected property must be retrieved from the City before it is discarded.
01247.0001/1019839.1
3. Time-stamped photographs or videos should be taken before, during, and after removal work has been completed.
4. Personal property that is not a hazardous item shall be time-stamped photographed and inventoried by describing and labeling the items and identifying the campsite location and removal date. Any hazardous item shall be discarded.
5. Collected property shall be stored in a secured location for not less than 60 days. Items not retrieved by the owner within 60 days shall be deemed abandoned and may be discarded or recycled.
9.32.060 – Unlawful storage of personal property.
A. It is unlawful and a public nuisance for any person to store personal property, including camp facilities and camp paraphernalia, on any public property or any private property without the written consent of the owner, except as otherwise provided by resolution or ordinance of the City Council.
B. The City may remove unlawfully stored personal property in violation of this section in accordance with the following procedures:
1. A written Notice of Removal shall be posted on or near the personal property in a conspicuous manner at least 24 hours before beginning removal. The Notice of Removal shall include the following information:
a. Posting date and time;
b. Location;
c. “Remove by” date and time;
d. General description of unlawfully stored personal property; e. Directions on how to retrieve the collected property and a telephone number for assistance; and
f. Date of removal.
2. Removal work shall begin no earlier than the date written on the Notice of Removal. If removal work does not begin accordingly, a new Notice of Removal must be reposted before removal operations may begin.
3. Any person who claims the personal property during the process of removal shall be allowed to remove their personal property from the
01247.0001/1019839.1
lawfully stored location. Any personal property that the individual leaves behind will be deemed abandoned.
4. Personal property that is not a hazardous item shall be time-stamped photographed and inventoried by describing and labeling the items and identifying the unlawfully stored location and removal date. Any hazardous item shall be discarded.
5. Collected personal property shall be stored in a secured location for not less than 60 days. Items not retrieved by the owner within 60 days shall be deemed abandoned and may be discarded or recycled.
C. Under exigent circumstances, the City may remove unlawfully stored personal property without a Notice of Removal.
1. A written notice shall be posted in a conspicuous manner after removal.
The notice must contain the following information:
a. Date and time of removal;
b. Location;
c. General description of unlawfully stored personal property; and
d. Directions on how to retrieve the collected property and a telephone number for assistance; and
e. Date by which collected property must be retrieved from the City before it is discarded.
2. Personal property that is not a hazardous item shall be time-stamped photographed and inventoried by describing and labeling the items and identifying the unlawfully stored location and removal date. Any hazardous item shall be discarded.
3. Collected personal property shall be stored in a secured location for not less than 60 days. Items not retrieved by the owner within 60 days shall be deemed abandoned and may be discarded or recycled.
9.32.070 – Lawful use of private property.
A. Nothing in this section is intended to prohibit or make unlawful, activities of any owner of private property or other lawful user of private property that are normally associated with and incidental to the lawful and authorized use of private property for residential and/or other purposes.
01247.0001/1019839.1
B. Nothing in this section is intended to prohibit or make unlawful, activities of a property owner or other lawful user if such activities are expressly authorized by the City’s comprehensive zoning ordinance or other laws, ordinances, and regulations.
9.32.080 – Violations and penalties.
A. Any person in violation of this chapter shall be given a verbal or written warning before an infraction citation is issued. Enforcement personnel shall make good faith effort to contact the person and provide a reasonable opportunity to cure the violation. The warning shall describe the activity constituting a violation of this chapter, the action required to fix the violation, and the date and time by which the violation must be cured in order to avoid subsequent violations and penalties.
B. Any subsequent violation of this chapter shall be an infraction and, upon conviction thereof, shall be punishable by a fine not exceeding $50, notwithstanding section 1.05.030. In the Court’s discretion, alternative penalties, including but not limited to a reasonable amount of community service, may be imposed.
C. Any violation of this chapter which would otherwise be an infraction is a misdemeanor if a person has been convicted of an infraction under this section within 1 year immediately preceding the date of the first violation.
SECTION 3. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or place, 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 remainder of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 4. EFFECTIVE DATE. This Ordinance shall be effective on the thirtieth (30th) day after the day of its adoption.
SECTION 5. CERTIFICATION. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published as required by law.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Grand Terrace, California at a regular meeting held on the ___ day of _____________ 2024.
01247.0001/1019839.1
__________________________
Bill Hussey
Mayor
ATTEST:
_____________________________
Debra Thomas
City Clerk
APPROVED AS TO FORM:
_____________________________
Adrian R. Guerra
City Attorney
AGENDA REPORT
MEETING DATE: October 8, 2024
TITLE: Community Benefit Fund Application Amendment
PRESENTED BY: Adrian Guerra, City Attorney
RECOMMENDATION: That a condition be added to the Community Benefit Fund Application outlining that a recipient entity ensures that the event primarily serves a secular purpose and any additional direction the City Council deems appropriate.
2030 VISION STATEMENT:
This staff report supports the following City Council Goals: Goal #1 Ensure Our Fiscal Viability, through the continuous monitoring of revenue receipts and expenditure discburseents against the approved budget appropriation; and Goal #4 Develop and Implement Successful Partnerships through productive collaboration with community groups, youth programs and senior organizations.
BACKGROUND:
At the September 10, 2024, regular meeting of the City Council, Council Member Jeff Allen asked the City Attorney to provide a recommendation regarding whether there should be any limitations on proselytization when community benefit funds are granted.
DISCUSSION:
Following review, the City Attorney is recommending a condition be added that the recipient entity ensures that the event primarily serves a secular purpose. This aims to ensure a reasonable balance between the following bodies of law:
• City’s compliance with Establishment Clause under the U.S. Constitution, which aims to ensure separation of church and state and which proselytization with public funds is generally prohibited; and
• A religious entity’s right to free exercise of religion under the U.S. Constitution; and • The California “gifts of public funds” doctrine which requires all public funds to be extended serve a public purpose.
Requiring the supported event to “primarily serve a secular purpose” would balance each of these interests. This may allow for religious elements like prayer; however the focus of the event should remain secular and promote a broader public purpose or benefit.
ENVIRONMENTAL IMPACT:
None.
FISCAL IMPACT:
None.
AGENDA REPORT
MEETING DATE: October 8, 2024
TITLE: CBF - Church of Fire in Christ
PRESENTED BY: Christine Clayton, Finance Director
RECOMMENDATION: Approve the Community Benefit Fund grant application from the Church of Fire in Christ in the amount of $2,000.00 for the youth retreat 2030 VISION STATEMENT:
This staff report supports the following City Council Goals:
• Goal #1 - Ensure Our Fiscal Viability, through the continuous monitoring of revenue receipts and expenditure disbursements against the approved budget appropriation; and • Goal #4 - Develop and Implement Successful Partnerships through productive collaboration with community groups, youth programs and senior organizations.
BACKGROUND:
In past fiscal years, the City Council has approved the use of funds for the establishment of the Community Benefits Grant Program. The purpose of the Community Benefits Grant Program is to provide funding for local youth programs, community events, community fee waivers, and be used as an economic development tool for small business development in the City.
For Fiscal Year 2024-25, the City Council has approved the use of $20,000 toward community benefit funded programs and activities.
Various youth and senior activities have benefited from the Community Benefits Fund including the Foundation of Grand Terrace, the REC Center, several youth sports leagues, and the Friends of the Grand Terrace Library.
Attachment A provides a summary of awarded grants by fiscal year and the recipients of said grants awarded each fiscal year.
DISCUSSION:
I. Application received from the Church Of Fire In Christ The mission of the Church Of Fire In Christ is to help the community and keep the youth motivated and encouraged about their future. The youth retreat primarily serves a secular purpose.
Below summarizes the current application submitted by the Church:
Project Title: Youth Retreat
Project Activity: It’s a three day (Sept 6-8) retreat in the mountains were the church takes the youth for outdoor activities and games.
Public Purpose: We have many youth from the City of Grand Terrace that attend the church. We help out with the school. The youth stay motivated and encouraged to be successful in life.
Amount Requested: $2,000.00
Utilization of Funds: To pay for the youth to be able to attend the 3-day retreat.
RECOMMENDATION:
Staff recommends that the City Council:
1. Approve the Community Benefit Fund grant application in the amount of $2,000.00 to the Church of Fire in Christ.
Upon City Council approval, the applicant will comply with the following, if they have not already done so:
1. Issue the City of Grand Terrace an invoice for the grant amount with receipts.
2. Ensure that the City is mentioned/included as a sponsor in any material advertising the activity or event.
3. Complete a W-9 form for reporting purposes.
Attached is the application received from the Church of Fire in Christ.
ENVIRONMENTAL IMPACT:
None
FISCAL IMPACT:
Funds in the amount of $20,000.00 have been approved for the program and established in the Community Benefits Fund (Fund 61). If approved, the table below will show the balances of each category remaining in the fund:
FY2024-25 Community Benefits Fund
Fund
No.
Acct.
No.
Account
Title
Approved
Budget
Awarded
Grants
Balance
as of
Sep 1,
2024
Proposed
Grant
Awards
Revised
Balance
61 461-
100
Youth/School
Programs
$10,000 $8,000 $2,000 ($0) $2,000
61 461-
200
Service
Organizations
$10,000 $4,000 $6,000 ($2,000) $4,000
TOTAL $20,000 $12,000 $8,000 ($2,000) $6,000
Title 2015-16 2016-17 2017-18 2018-19 2019-20 2021-22 2022-23 2023-24 2024-25 TOTAL 2024-25 TOTAL
TO DATE
Proposed
in
Sep-2024 REVISED
YOUTH / SCHOOL ORGANIZATIONS
Grand Terrace Community Basketball $ 1,136 $ - $ - $ 1,450 $ - $ - $ 2,586 $ - $ 2,586 Grand Terrace High School Football Boosters - - - 2,000 2,000 - $ 4,000 - 4,000 Grand Terrace High School Legacy Regiment Boosters - - - 2,000 - - $ 2,000 2,000 Grand Terrace High School Boys Basketball - - - - 2,000 - 1,040 $ 3,040 - 3,040 Grand Terrace High School Titan Wrestling Team - - - - 1,997 - 2,000 $ 3,997 - 3,997 Grand Terrace HS Titan Wrestling Booster Club 2,000 $ 2,000 - 2,000 Grand Terrace High School Cheer Booster Club - - - - - - - 2,000 2,000 $ 4,000 - 4,000 Grand Terrace Little League 2,000 - 2,000 - - - $ 4,000 - 4,000 Grand Terrace Youth Football & Cheer - 4,000 2,000 - - - 2,000 $ 8,000 - 8,000 Boy Scout Troop 40 2,000 $ 2,000 - 2,000
Grand Terrace Tribe Baseball Club 2,000 $ 2,000 - 2,000 Terrace View Elementary PTA 1,000 671 1,517 700 - 1,805 1,725 2,000 - $ 9,418 - 9,418 $ 4,136 $ 4,671 $ 5,517 $ 6,150 $ 5,997 $ 1,805 $ 3,725 $ 7,040 $ 8,000 $ 47,041 $ - $ 47,041
NON-PROFIT / SERVICE ORGANIZATIONS
American Cancer Society $ - $ - $ 2,000 $ - $ - $ - $ 2,000 $ - $ 2,000 Drug Alternative Program - 2,000 - - - - $ 2,000 - 2,000 Foundation of Grand Terrace 2,350 2,000 1,830 - - 2,000 2,000 2,000 $ 12,180 12,180 Friends of Grand Terrace Library 3,750 2,000 2,000 4,000 - - $ 11,750 - 11,750 Grand Terrace Lions Club - 620 - - - - $ 620 - 620
Sheriff’s Central Station Explorer Program - - - 2,000 - - $ 2,000 - 2,000 The REC Center 2,187 310 - 3,100 - - $ 5,597 - 5,597
Grand Terrace Cars & Coffee - - - - - 2,000 2,000 1,000 $ 5,000 - 5,000 Christ the Redeemer Catholic Church - - - - - - 310 310 $ 620 620 Grand Terrace Living Word Foursquare Church - - - - - - 2,000 - $ 2,000 2,000 New City Church - - - - - - - 2,000 $ 2,000 2,000
Grand Terrace Women's Club - - - - - - - - 2,000 $ 2,000 - 2,000 Grand Terrace Chamber of Commerce 2,000 $ 2,000 - 2,000 Church Of Fire In Christ - - - - - - - - - $ - 2,000 2,000 Family Service Association - - - - 2,000 - - - - $ 2,000 - 2,000 $ 8,287 $ 6,930 $ 5,830 $ 9,100 $ 2,000 $ 4,000 $ 6,310 $ 5,310 $ 4,000 $51,767 $ 2,000 $ 53,767 TOTAL $ 12,423 $ 11,601 $ 11,347 $ 15,250 $ 7,997 $ 5,805 $ 10,035 $ 12,350 $ 12,000 $ 98,808 $ 2,000 $ 100,808 City of Grand Terrace
Community Benefit Grant Awards
GRANT AWARD HISTORY as of August 31, 2024 and Approved & Proposed Applications for Sept 2024