CITY OF OROVILLE
STAFF REPORT
TO: MAYOR PITTMAN & COUNCIL MEMBERS
FROM: BILL LAGRONE, CHIEF OF POLICE
RE: PUBLIC HEARING REGARDING THE ADOPTION OF AN ORDINANCE AMENDING CHAPTER 9 SECTION 04.030 CITY PARKS USE REGULATIONS
INCORPORATING LANGUAGE RESTRICTING CAMPING IN PARKS AND
PUBLIC SPACES
DATE: NOVEMER 5, 2024
SUMMARY
The Council shall consider adopting an ordinance amending Chapter 9, section 04.030 of the Oroville Municipal Code incorporating language to restrict camping in parks and public spaces.
DISCUSSION
The recent ruling in City of Grants Pass, Oregon v. Johnson by the United States Supreme Court found that the prohibition of camping on public property does not violate the Eighth Amendment of the United States Constitution. This decision provides cities with some leeway in managing public property, ensuring a balance is maintained to protect the quality of life for all citizens while respecting constitutional protections.
The Grants Pass case, as decided by the Supreme Court in "City of Grants Pass, Oregon v. Johnson", does not appear to directly impact the rulings regarding the Fourth and Fourteenth Amendment protections as discussed in the "Lavan v. City of Los Angeles" and "Garcia v. City of Los Angeles" cases. The Grant's Pass case primarily dealt with the constitutionality of city ordinances prohibiting sleeping or camping on public property and the associated civil and criminal penalties, rather than the immediate seizure and destruction of personal property without notice or opportunity for a hearing, which are central issues in the Lavan and Garcia cases.
Following the Grant’s Pass decision, the Governor signed Executive Order N-1-24, emphasizing the need for urgent and humane action to remove dangerous encampments from public spaces. The order highlights the importance of collaboration between State, local, and nonprofit entities in addressing encampments, stressing that the removal of such encampments should be carried out with dignity and respect for those affected. Local governments are encouraged to align their policies with the State's guidelines and to utilize 195
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available resources to address the crisis with the urgency it demands. The order underscores that while the State has provided substantial resources, local jurisdictions are now expected to act decisively and compassionately to resolve encampments, particularly those posing significant threats to health and safety.
The information creates a challenging environment for managing the current situation. It is understandable that the public does not want their quality of life to be diminished by unsightly camps in public spaces. A balance must be reached to effectively enforce the law while respecting everyone’s Constitutionally protected rights.
The changes suggested in the attached amendment to Chapter 9, section 04.030 of the Oroville Municipal Code align the City Code with the Executive Order EO-7-24. These changes would prohibit people from camping in public spaces. The suggested changes define camping, camping activities and storage of personal property in public spaces.
Staff recommend that this ordinance goes into effect on February 1, 2025 to ensure adequate shelter space is available.
FISCAL IMPACT
None
ACTION REQUESTED
Introduce amendments to Chapter 9 section 04.030 of the Oroville Municipal Code regarding camping in parks and public spaces;
Waive the first reading and introduce by title only Ordinance No. 1883 – AN ORDINANCE AMENDING CHAPTER 9 SECTION 04.030 CITY PARKS USE REGULATIONS
INCORPORATING LANGUAGE RESTRICTING CAMPING IN PARKS AND PUBLIC SPACES;
Direct staff to return to Council for a second reading and public hearing.
ATTACHMENTS
Amendments to Chapter 9 section 04.030 of the Oroville Municipal Code; Governors Executive Order EO-7-24
California Department of Transportation Director MPD 1001-R-1 196
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Ordinance No. 1883
CITY OF OROVILLE
ORDINANCE NO. 1883
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OROVILLE AMENDING PORTIONS OF CHAPTER 9 (PUBLIC PEACE AND WELFARE) REGARDING CAMPING ON PUBLIC PROPERTY FOLLOWING THE UNITED STATES SUPREME COURT’S DECISION IN JOHNSON V. CITY OF
GRANTS PASS
WHEREAS, The City of Oroville recognizes the need to maintain public order, safety, and quality of life for all its residents and visitors; and WHEREAS, The City of Oroville has an obligation to ensure that public spaces such as parks, sidewalks, and other public properties remain accessible and safe for all members of the community; and
WHEREAS, The City of Oroville recognizes that camping in public spaces leads to health and safety hazards, including unsanitary conditions, fire risk, and increased crime; and WHEREAS, The Supreme Court decision in Johnson v. City of Grants Pass affirmed that generally applicable bans on camping in public places do not violate the Eighth Amendment when applied in a manner that does not specifically target individuals based on their status of being homeless, but rather on the conduct of camping in public places; and WHEREAS, The City of Oroville seeks to provide compassionate solutions to homelessness by supporting shelters, housing programs, and services designed to assist individuals in finding stable and permanent housing; and WHEREAS, The City of Oroville has determined that the enforcement of a ban on camping in public places, coupled with supportive services, is essential to maintaining public health, safety, and welfare; and
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WHEREAS, The City of Oroville expends significant public resources to provide services to those experiencing homelessness and commits to ongoing efforts to increase the availability of such resources; and
WHEREAS, The City of Oroville finds that this ordinance amending section 9.04.030 of the Oroville Municipal Code is necessary to promote the health, safety, and welfare of the community, and to preserve the public order and quality of life in the City of Oroville.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OROVILLE DOES HEREBY
ORDAINS AS FOLLOWS
SECTION 1: FINDINGS. The recitals set forth above are hereby adopted as findings in support of this Ordinance.
SECTION 2: Section 9.04.030 of the Oroville municipal code is hereby amended to read as follows:
§ 9.04.030 City park and Public space use regulations.
A. Vehicles Excluded. No person shall ride or drive in a vehicle within any city park or park facility except in areas designated by the park commission.
B. Unlawful to Engage in Games Injurious to Property. No person shall engage in any games, actions or conduct injurious to or to injure in any manner any trees, shrubs, plants, flowers or other property in any city park or park facility.
C. Rude or Boisterous Conduct Prohibited. No person shall, in any city park or park facility, conduct him or herself in a boisterous, threatening, abusive, insulting or indecent manner so as to annoy the public, or engage in any disorderly conduct or behavior tending to be a breach of the public peace and enjoyment of the city park facility.
D. Throwing of Stones, Missiles, etc., Prohibited. No person shall throw any stones, missiles or any object in any city park or park facility other than in usual sports activities.
E. Control of Dogs, Cats or Other Animals. No dog, cat or other animal shall be permitted to enter upon land or water owned, managed, controlled or operated as a city park or park facility, except at a time, place and manner as may be designated by the park commission.
F. Abandonment of Dogs, Cats or Other Animals Prohibited. Persons shall not leave or deposit dogs, cats or other animals, fish or fowl, or any parts thereof whether dead or alive, in any park or park facility.
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G. Hours of Use.
1. No persons shall loiter, remain or sleep in or upon any city park or park facility at any time during such hours that the city park or park facility is declared closed. It shall be unlawful for any person to camp on any public property within the City.
2. The city park commission shall designate the hours of closing for each city park or park facility and shall cause such hours of closing to be posted at each entrance to each city park or park facility.
3. The chief of police may at any time order any city park or park facility closed for a period of time not to exceed 24 hours whenever in the judgment of the chief of police such closing is necessary or required to prevent injury to persons or property.
4. Any person who willfully remains in any city park or park facility after having been informed that the chief of police has ordered such city park or park facility closed is guilty of a misdemeanor.
H. Care of Public Property. No person shall mark, deface, disfigure, injure, tamper with, move or displace any park structures, equipment, facilities or appurtenances whatsoever, either real or personal.
I. Restrooms, Dressing Rooms and Washrooms. No person shall fail to cooperate in maintaining restrooms, dressing rooms and washrooms in a neat and sanitary condition. Further, no person shall loiter in or about such facilities, nor shall any person use such facilities for purposes other than those intended.
J. Care of Trees, Shrubbery, Lawns, Flowers, etc. No person shall misuse, damage, cut, carve, or remove any tree, plant, turf or ground-cover, or pick flowers or seeds of any tree or plant or attach any rope, wire or other object to any tree or plant within any city park or park facility.
K. Climbing of Trees and Other Objects Prohibited. No person shall climb any tree, or walk, stand or sit upon monuments, fountains, railings, fences, buildings or any other property not designated or customarily used for such purposes.
L. Protection of Wild Animals, Birds, etc. No person shall hunt, molest, harm, kill or trap or throw missiles of any kind at any animal, reptile or bird, or remove or have in his or her possession the young of any wild animal, reptile or bird, or the eggs or nests of young of any reptile or bird.
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M. Possession of Firearms or Other Weapons Prohibited. No person other than peace officers in the discharge of their duties shall possess, carry or use firearms or weapons of any description whether air or gas propelled, spring guns, bows and arrows, slings or any other form of weapon potentially dangerous to wildlife or human safety. The mere possession of such firearm or device, whether loaded or unloaded, or shooting into parks or park facilities from adjacent boundaries is prohibited.
N. Refuse, Trash and Litter Control. The possession of glass containers in city parks or city park facilities is prohibited. No person shall dump, deposit or leave any bottles, broken glass, ashes, paper, cans, dirt, rubbish, garbage or other refuse in any city park or park facility, except that incidental to the use of the facility, in any place other than receptacles provided for the deposit of such material.
O. Advertising Matter Prohibited. No person shall distribute, circulate, give away, throw or deposit in or on any city park or park facility any handbill, circular, pamphlet, paper or advertisement, or post, or fix same to any tree, fence or structure within any city park or park facility.
P. Control of Automobiles and Other Conveyances. No person shall operate or drive an automobile, bicycle, truck, trailer, wagon, motor scooter, skateboard or other conveyance on other than roads, parking lots or paths designated for such purpose. Bicyclists are required to wheel or push a bicycle by hand. Automobiles and all other abovementioned conveyances, shall be operated with regard to the safety of others. In no event shall the maximum speed of any motorized vehicle exceed that speed so posted at such facilities.
Q. Kindling and Control of Fires. No person other than the ones acting under authorization, direction or permission of the park superintendent shall build, light or kindle any open or outdoor fire at any place within a park or park facility except in areas and facilities specifically designated and built for this purpose.
R. Alcoholic Beverages. No person shall have in his or her possession within any city park or park facility any alcoholic beverage without written permission of the director of parks and trees. The city park commission may establish a procedure whereby written permission to possess alcoholic beverages may be issued to groups which have been granted exclusive use of all or part of a city park.
S. Gambling Prohibited. No gambling of any kind or description shall be permitted in any park or park facility.
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T. Horseback Riding. No person other than one acting under authorization or direction of the park commission shall ride a horse, pony, mule or animal of any description onto any city park or park facility, except on roads or trails and at times so designated for that purpose.
U. Washing or Repairing Automobiles or Other Conveyances Prohibited. No person shall wash or repair in any manner any automobile or other conveyance within any area of any city park or park facility.
V. Overnight Parking Prohibited. No person shall park, abandon or otherwise allow to remain within any park or park facility any automobiles or other conveyances between the hours of 11:00 p.m. and 6:00 a.m.
W. Playing or Practicing Golf Restricted. No person shall drive, putt or in any other fashion play or practice golf or use golf balls and golf clubs within any city park or park facility except in areas so designated by the park commission.
X. Model Crafts Restricted. No person shall fly model airplanes or operate model automobiles, boats or other craft of any kind or description in any city park or park facility except in areas so designated by the park commission.
Y. Water Pollution Prohibited. No person shall pollute in any manner any water in any city park or park facility or public space, and further, no person shall deposit or cause to be deposited any foreign material such as glass, paper, garbage or rubbish of any kind in such waters.
Z. Overnight Camping Prohibited. No person shall camp overnight, erect a campsite or tent in any city park, park facility or public space. (1) Camp or camping means the conduct of more than one of the following activities on a public property, when it reasonably appears, in light of all circumstances, that a person is using such public property for living accommodation purposes:
(a) sleeping or preparing to sleep (including the laying down of bedding for the purpose of sleeping), including undertaking such activities in a vehicle (including any motorhome, camp trailer, camper, coach, fifth wheel travel trailer, house car, recreational vehicle, mobile home), or obscuring some or all of the vehicles windows
(b) erecting or using any tent, camp facilities, or building any other form of shelter:
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(c) unattended storage of personal belongings (including but not limited to clothing, sleeping bags, bedrolls, blankets, sheets. luggage, backpacks, kitchen utensils, cookware) or camp paraphernalia;
(d) making or using any fire, for purpose of heating or cooking, or using any flame, grill, portable stove, or similar flame producing device for cooking of meals on public property, except for in City parks with designated barbeque and cooking areas while using City-provided cooking facilities designed for such purposes; or
(e) doing any digging or earth breaking activities for purpose of creating or improving a shelter.
Camping shall be deemed to occur regardless of whether a full night is actually spent occupying any specific location on public property. (2) "Camp facilities" include, but are not limited to, tents, huts, or similar temporary shelters consisting of any material with a top or roof or any other upper covering or that is otherwise enclosed by sides that is of sufficient size for a person to fit underneath or inside while sitting or lying down and includes the use of a tarp or other material tied or affixed to a structure or bush to create an enclosed area.
(3) "Camp paraphernalia" includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks, or non-City designated cooking or heating equipment. (4) “Public property" means any publicly owned property in the City, whether improved or unimproved, including, but not limited to, any of the following: public alleyways; public parking lots; public passageways; public streets; public rightsof-way; park playgrounds; state highways; publicly owned, maintained, or operated parks; publicly owned, maintained, or operated landscaped areas or greenbelts; publicly owned fences, trees, light poles, or equipment boxes; publicly owned, maintained, or operated open spaces including, but not limited to, public facilities or buildings of any kind; public sidewalks, curbs, and gutters; public educational institutions; or other government owned, maintained, or operated properties located within the City.
(5) Storage of Personal Property Prohibited.
(a) It shall be unlawful for any person to store any personal property, including camp facilities and camp paraphernalia, on any public property within the City, except as otherwise provided herein.
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(b) Before removing any personal property, the enforcement officer, or their designee, shall attempt to provide any readily apparent owners with notice of the intent to remove the personal property and a reasonable opportunity to remove the personal property from public property. If there is no readily apparent owner, or if the readily apparent owner refuses to remove the personal property from public property, then the enforcement officer, or their designee, may cause the personal property to be removed from public property. The enforcement officer, or their designee, shall post a notice on or near the personal property so as to reasonably communicate the notice to the owner the following information:
(1) The location of where the personal property was located; (2) The date and time notice was served or posted;
(3) A statement that the storage of personal property violates this Section;
(4) An advisement that the City has impounded the personal property for at least 30 days, the location where the personal property is impounded, and that the personal property will be discarded after 30 days if not claimed.
(5) The address, phone number, and operating hours of the location where the personal property will be stored and may be retrieved, and that the City will charge no fee for storage or retrieval.
(6) Information about any housing or shelter and homeless services available for the owners of the personal property, the phone number and address to contact in order to obtain the housing or shelter or other health and human services;
(6) The enforcement officer, or their designee, may immediately discard, without impounding or retaining for 30 days, any items which constitute an immediate threat to the health or safety of the public or items that constitute evidence of a crime or contraband that may be seized, as permitted by law.
Personal property as defined by State of California, Department of Transportation Directive MPD1001-R-1
(E) Items to be collected
(F) Items that will not be collected
AA. Picnicking. Picnicking shall be permitted in established picnic areas only. 203
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Ordinance No. 1883
BB. Decorations. No person shall attach to any park facility or building any materials, devices or equipment for the purpose of decorating that facility or for any other similar purpose without first having obtained in writing the permission of the park superintendent.
CC. Unreasonable Noises Prohibited. No person shall operate any loudspeaker in any city park or park facility without written permission of the park commission. No person or group shall by either voice, mechanical device or other offensive conduct, create or permit any loud or unreasonable noise to develop in any city park or park facility.
DD. Fireworks. No person or groups shall discharge or cause to be discharged any type of fireworks within any city park or park facility except in areas so designated by the park commission.
EE. Construction of Platforms, Booths, etc., Prohibited. No person shall construct platforms, display booths or any edifice on or in any city park or park facility, nor shall such platforms, booths, etc., be placed in any park or park facility except as so designated by the park commission.
FF. Separability and Validation Clause. The city council hereby declares and provides that, if any portion of this section is held unconstitutional or void for any reason, such decision shall not affect the validity of the remaining portion thereof, and in such event, the city council declares it would have passed and enacted each and every other remaining valid section herein separately and without respect to the portion or portions held to void, unconstitutional or unenforceable.
GG. Violation of Any of the Foregoing Sections a Misdemeanor. Any person or persons violating any of the provisions of this section is guilty of a misdemeanor and upon conviction thereof punishable by imprisonment in the county jail not to exceed 6 months, a fine not to exceed the amount outlined in the Master Fee Schedule, or both.
D. Exceptions. No provision of this section shall be deemed, whether directly or indirectly, to authorize any act which is otherwise prohibited by any law of the State of California or require any act which is otherwise prohibited by any law of the State of California. Nor shall any provision of this section be deemed, whether directly or indirectly, to prohibit any act or acts which are prohibited by any law of the State of California.
E. Violations—Infractions. Any person who violates any provision of this section is guilty of an infraction and, upon conviction, is punishable by:
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1. A fine not exceeding $250.00 for a first violation;
2. A fine not exceeding $500.00 for a second violation of this chapter within one year;
3. A fine not exceeding $1,000.00 for each additional violation of this chapter within one year. A person who violates the provisions of subsection B of this section shall be deemed to be guilty of a separate offense for each day, or portion thereof, during which the violation continues. A person who violates the provisions of subsection C of this section shall be guilty of a separate offense for each item of drug paraphernalia which is distributed
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EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER N-1-24
WHEREAS California is experiencing a homelessness crisis decades in the making, with over 180,000 people estimated to have experienced homelessness on any given night in 2023, including 123,000 people who experienced unsheltered homelessness, living in tents, trailers, and vehicles across the state; and
WHEREAS within the first year of my Administration I fast-tracked the development of shelter through Executive Order N-23-20, which directed departments to assess and facilitate the use of available state land and resources for short-term emergency homeless shelters; and WHEREAS since the beginning of my Administration, the State has made unprecedented investments to address the homelessness crisis head on, investing more than $24 billion across multiple state agencies and departments, including $4.85 billion in flexible funding to local jurisdictions to prevent and reduce homelessness through Homeless Housing, Assistance and Prevention grants, $1 billion in Encampment Resolution Funding to assist local jurisdictions in providing services and supports to people living in encampments, and $3.3 billion to rapidly expand housing for persons experiencing homelessness through Homekey; and
WHEREAS the State has redoubled its commitment to holding local jurisdictions accountable to reduce homelessness, including by strengthening and enforcing requirements that local jurisdictions plan for their fair share of housing and by conditioning state homelessness funding on rigorous reporting and measurable performance metrics; and
WHEREAS it is imperative to act with urgency to address dangerous encampments, which subject unsheltered individuals living in them to extreme weather, fires, predatory and criminal activity, and widespread substance use, harming their health, safety, and well-being, and which also threaten the safety and viability of nearby businesses and neighborhoods and undermine the cleanliness and usability of parks, water supplies, and other public resources; and
WHEREAS while every jurisdiction must do more to address encampments, state and local agencies taking proactive steps to remove encampments have been stymied in those efforts by lawsuits and injunctions, leaving officials without the tools or guidance necessary to address the crisis on their streets; and WHEREAS in September 2023, I called on the United States Supreme Court to grant review in City of Grants Pass v. Johnson to clarify that state and local officials can take reasonable actions to resolve encampments while respecting the humanity of all Californians; and
WHEREAS in June 2024 the Supreme Court overturned Ninth Circuit Court of Appeals precedent that restricted the government’s authority to enforce laws regulating encampments, recognizing that jurisdictions may tailor their enforcement practices to reflect policy-driven approaches to addressing homelessness; and
WHEREAS with the threat of these types of injunctions removed, there is no longer any barrier to local governments utilizing the substantial resources 206
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provided by the State, in tandem with federal and local resources, to address encampments with both urgency and humanity, or excuse for not doing so; and WHEREAS guidelines that prioritize offers of shelter and services as a first step to resolving any encampment best respect the dignity of every Californian and provide meaningful paths to ending homelessness; and WHEREAS the California Interagency Council on Homelessness leads California’s efforts to prevent and end homelessness; and WHEREAS the California Department of Transportation maintains a policy directive that prioritizes removal of encampments that pose threats to life, health, and safety, while partnering with local governments and nonprofit providers to facilitate offers of shelter and supportive services in advance of a removal; and
WHEREAS the California Department of Transportation has, since July 2021, removed 11,188 encampments and 248,275 cubic yards of debris from these encampments along the state rights of way.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes of the State of California, do hereby issue the following Order to become effective immediately:
IT IS HEREBY ORDERED THAT:
1) Agencies and departments subject to my authority shall adopt policies, generally consistent with California Department of Transportation’s Maintenance Policy Directive 1001-R1, to address encampments on state property, including through partnerships with other state and local agencies, and shall prioritize efforts to address encampments consistent with such policy. Such policies shall include the following:
a. Whenever feasible, site assessment in advance of removal operations to determine whether an encampment poses an
imminent threat to life, health, safety or infrastructure such that exigent circumstances require immediate removal of the
encampment.
b. Where exigent circumstances exist, as much advance notice to vacate as reasonable under the circumstances.
c. Where no exigent circumstances exist, posting of a notice to vacate at the site at least 48 hours prior to initiating removal. d. Contacting of service providers to request outreach services for persons experiencing homelessness at the encampment.
e. Collection, labeling, and storage for at least 60 days of personal property collected at the removal site that is not a health or safety hazard.
2) All departments and agencies not under my authority are requested to adopt policies consistent with the guidelines in Paragraph 1. 3) Local governments are encouraged to adopt policies consistent with this Order and to use all available resources and infrastructure, 207
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including resources provided by the State’s historic investments in housing and intervention programs where appropriate and available, to take action with the urgency this crisis demands to humanely remove encampments from public spaces, prioritizing those encampments that most threaten the life, health, and safety of those in and around them. 4) The California Interagency Council on Homelessness shall develop guidance and provide technical assistance consistent with this Order for local governments to follow in implementing their local homelessness programs.
IT IS FURTHER ORDERED that, as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.
This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.
IN WITNESS WHEREOF I have
hereunto set my hand and caused
the Great Seal of the State of
California to be affixed this 25th day
of July.
_____________________________
GAVIN NEWSOM
Governor of California
ATTEST:
_____________________________
SHIRLEY N. WEBER, Ph.D.
Secretary of State
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STATE OF CALIFORNIA• DEPARTMENT OF TRANSPORTATION
MAINTENANCE POLICY DIRECTIVE
MTCE-03 (REV 3/2015)
MAINTENANCE POLICY DIRECTIVE
NUMBER
MPD 1001-Rl
PAGE
1 OF 7 -- --
DATE ISSUED
10/10/2022
EFFECTIVE DATE
10/10/2022
SERGIO ACEVES
Chief, Division of Maintenance
SIGNATURE
srA~
DISTRIBUTION
[8J All District Directors
[8J All Deputy District Directors - Maintenance
[8J All Deputy District Directors - Traffic Ops.
[8J All Deputy District Directors - Construction
[8J All Deputy District Directors - Design
[8J All Deputy District Directors - Trans. Planning
[8J Chief, Division of Engineering Services
[8J Chief Counsel, Legal Division
D Publications (California Supplement Website)
[8J All Division of Maintenance Office Chiefs
[8J All SM&I Office Chiefs
[8J Headquarters Division Chiefs for:
SUBJECT
Division of Maintenance - Encampment Removal Policy
DOES THIS DIRECTIVE AFFECT OR [8J YES O NO
SUPERSEDE ANOTHER DOCUMENT?
IF YES, DESCRIBE
Volume l, Chapter l, section 1.07.3
MPD 1001, issued August 16, 2010
MPD2002-R9
WILL THIS DIRECTIVE BE INCORPORATED [8J YES O NO IN THE MAINTENANCE MANUAL?
IF YES, DESCRIBE
Volume 1, Chapter 1, section 1.07.3
This policy facilitates transportation, access and safety needs while providing guidance regarding encampment removal operations.
To whatever extent the Maintenance Manual or other guidance is in conflict, this policy takes precedence.
DIRECTIVE
The California Department ofTransportation (Caltrans) does not permit encampments on its Right-of-Way.
Cal trans' goal is to maintain the integrity ofthe transportation network. Encampments degrade highway infrastructure and impact the maintenance and operation ofthe highway facilities. Removal of encampments mitigates health, safety, access, and concealment issues for Persons Experiencing Homelessness (PEHs ), the traveling public, adjacent neighborhoods, Caltrans staff and first responders. For these reasons, Caltrans' Rightof -Way is not suitable for encampments. This policy facilitates transportation, access and safety needs while providing guidance regarding encampment removal operations. To whatever extent the Maintenance Manual or other guidance is in conflict, this policy takes precedence.
ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Mi Unit at (279) 234-2284, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. 209 Item 11.
STATE OF CALIFORNIA• DEPARTMENT OF TRANSPORTATION
MAINTENANCE POLICY DIRECTIVE
MTCE-03 (REV 3/2015)
A. Site Assessment - When feasible, a site assessment should be performed by Maintenance staff and include:
1. Prioritization of each encampment as either a Priority Level 1 ( Critical Priority for Expeditious / Urgent Removal) or a Priority Level 2 (Removal Needed). a. Priority Level 1 (Critical Priority for Expeditious/ Urgent Removal) - Critical circumstances exist when an encampment poses an imminent threat to life, health, safety, or infrastructure and must be immediately addressed. This is limited to exigent circumstances. Non-exclusive examples include: the encampment is on or near an unstable structure at risk of collapse; the encampment is close to traffic and the PEH in the encampment are at immediate risk of getting hit by vehicles; PEH are living within a confined space, such as a bridge cell.
b. Priority Level 2 (Removal Needed) - All other encampments.
B. Site Assessment Action Items and Considerations
1. When appropriate, the California Highway Patrol (CHP) should be contacted in advance to assist in initial site assessment.
2. The District Encampment Coordinator or staff should contact service providers and request outreach services for PEH at the encampment.
3. District Hazmat Coordinator or other hazmat-trained staff should evaluate the site for any hazards unique to the encampment that will require specialized hazardous materials handling, disposal, or site remediation.
4. If appropriate, the District Landscape Architect or designee should evaluate potential mitigation efforts related to landscaping to prevent future encampments.
C. Notice
1. Priority Level 1
a. No advance posted Notice to Vacate is required.
b. CHP should be present during operations.
c. If circumstances reasonably allow for advance notice, then give as much advance notice as is reasonable under the circumstances, to be determined on a case-by-case basis. d. If advance written notice is not given and ifproperty was collected during the removal, an after encampment "removal advisory" shall be posted in a prominent location near where the encampment was removed providing information describing where items were removed from, a contact phone number for reclaiming collected property, including the date by which property must be reclaimed.
e. Time-stamped photographs or videos should be taken ofthe "removal advisory."
2. Priority Level 2
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STATE OF CALIFORNIA• DEPARTMENT OF TRANSPORTATION
MAINTENANCE POLICY DIRECTIVE
MTCE-03 (REV 3/2015)
a. Post Notice to Vacate at least 48 hours before beginning encampment removal. b. CHP shall be present during the posting ofNotice to Vacate. c. Location of Posted Notice to Vacate - Written Notice to Vacate should be posted at each major point ofingress/egress in a conspicuous manner.
d. If prevented from posting the Notice to Vacate because of hostility, interference, or any other action from persons on site, posting should not be attempted until CHP mitigates the situation.
e. Time-stamped photographs or videos should be taken ofthe posted Notices to Vacate.
3. Paper Notices to Vacate should be enclosed in sheet protectors to protect against weather.
4. Paper Notices to Vacate shall be filled out completely and include:
a. Posting date and time.
b. Location.
c. "Vacate by" date and time.
d. Telephone number for assistance in obtaining property collected during a removal. e. Date by which property must be collected from Caltrans before it is discarded. f. Removal start and end dates.
D. Removal Operations
1. Before work at encampment site, CHP shall be present. Do not begin removal operations when PEH are in the immediate vicinity. Any PEH who remain on site when Cal trans or its contractors arrive to begin the removal shall be given a reasonable amount oftime to remove possessions before any removal begins.
2. Where advance written notice is given, removal work shall begin on the date written on the Notice to Vacate and shall begin no earlier than the time written on the Notice to Vacate. If removal work does not begin on the date written on the Notice to Vacate, the location must be reposted before removal operations may begin. Ifprevented from removal work because of hostility, interference, or any other action from persons on site, removal work should not be attempted until CHP mitigates the situation. No further posting is necessary once Caltrans workforce and/or contractors arrive for removal operations and will continue from day to day until completed.
3. Time-stamped photographs or videos should be taken before, during, and after removal work has been completed.
4. Hazardous Materials trained personnel should evaluate the site to identify and plan for removal of any hazardous materials.
5. When possible, equipment should be used to gather, pile, and load encampment debris to reduce exposure and contamination.
6. Any personal property that is collected should be stored in a secured location by Caltrans for not less than 60 days, then discarded ifnot claimed.
7. Collected personal property should be time-stamped photographed and shall be inventoried by 211
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describing and labeling the items and identifying the encampment location and the removal date.
E. Items To Be Collected (Bagged and Tagged) and Stored
1. Personal property that is not a health or safety hazard, in plain sight, shall be collected, labelled, and stored. Caltrans employees and contractors shall collect the following items:
a. Items of apparent value - defined as items having an apparent value of $50 or more. b. Items of apparent personal value including but not limited to:
i. Eyeglasses, operational wheelchairs, walkers, crutches, other medical equipment.
11. Tents (habitable and uncontaminated).
iii. Personal papers such as photographs, albums, ID's, bank statements, legal papers, etc.
iv. Bicycles, scooters, strollers in good repair.
v. Backpacks and containers that appear to be in good condition and have been determined by a Cal trans hazmat contractor to be free of materials described in Section F(l)(a)-(f) below. [Caltrans's current policy is not to collect backpacks and closed containers due to potential safety issues].
2. Due to the exigent circumstances surrounding Priority Level 1 removals, it may not be possible to collect, label and store items.
F. Items That Will Not Be Collected
1. Items that present an immediate health or safety risk, such as:
a. Toxic sharps: needles, scissors, knives.
b. Chemicals: bleach, paint, oils, etc.
c. Items (including bedding and clothing) soiled by infectious materials: human waste, bodily fluids.
d. Moldy, mildewed items.
e. Items that may be infested by rodents and insects: rats, mice, fleas, lice, bed bugs. f. Items that pose a risk offire or explosion, combustibles and propane tanks; any item containing fuel or corrosives or other unidentified liquids. g. Backpacks and closed containers that have been determined by a Caltrans hazmat contractor to contain items listed in (a)-(f) above or items (3), ( 4), (5), or (6) below. Such backpacks and closed containers may be discarded where no hazmat contractor is present to make a determination.
h. Ifpersonal belongings are co-mingled or littered with needles, human waste, or other health risks, employees/contractor may dispose ofthe entire pile of belongings and are not required to sort through and attempt to remove the health or safety risks. The presence of clothing in a backpack or container shall not be the sole reason to discard the backpack or container.
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2. Mattresses: furniture with fabric, padding, or is porous; sheds, structures, rolling structures, and bulky items. Sheds, structures, or rolling structures may be demolished ifnot removed by PEH prior to the encampment removal. A "bulky item" is any single item that is over 50 pounds and requires more than two persons to safely lift.
3. Perishable items, perishable food.
4. Controlled substances, drugs with or without prescription and medications of any kind. [Should be handled by hazmat trained personnel and/or by CHP.]
5. Contraband, weapons and illegal items. [Should be addressed as provided in the Maintenance Manual and/or as directed by CHP.]
6. Trash, garbage, and/or debris. This includes property that appears to have been discarded by its owner and broken appliances or broken furniture which constitutes abandoned property or trash. a. If employees/contractors have a reasonable doubt as to whether an item constitutes trash, it should be collected and stored. Employees/contractors should exercise their best judgment in determining which items should be collected and stored.
7. Motor vehicles should be handled as provided in the Vehicle Code.
G. Reclaiming Collected Personal Property
1. Persons attempting to retrieve property collected during a removal operation shall give the location ofthe encampment where the property was collected, describe where and when the personal property was last in their possession, and provide a description ofthe item(s). The person retrieving property shall sign and date a document acknowledging receipt ofthe property. Ifrequested, a receipt should be given to the person retrieving property.
H. Record Keeping
1. An After-Action Report should be submitted to the Headquarters office handling encampments ( currently the Office ofHomelessness & Encampments, aka OH&E) within one week of a completed encampment removal.
2. A file should be created for each encampment removal and retained for 4 years, and should contain:
a. Photographs and/or videos taken in connection with the removal effort. b. Writings reflecting assessments, evaluations, summaries, receipts and notices connected with the encampment removal, items collected, and items retrieved, if any. c. Name(s) ofthe contractor(s) involved in the removal. d. Name(s) ofthe social service providers.
e. MAZEEP Daily Report forms and, ifnot reflected on the form, names and badge number(s) ofCHP or other law enforcement involved in the encampment removal. f. Completed Encampment Removal Request Forms.
g. Collected Personal Property Forms and receipts.
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Attachment(s):
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DEFINITIONS
When used in this Maintenance Policy Directive, the text shall be defined as follows:
1) Standard - a statement of required, mandatory, or specifically prohibited practice. All standards text appears in bold type. The verb shall is typically used. Standards are sometimes modified by Options. 2) Guidance - a statement of recommended, but not mandatory, practice in typical situations, with deviations allowed if engineering judgement or engineering study indicates the deviation to be appropriate. All Guidance statements text appears in underlined type. The verb should is typically used. Guidance statement are sometimes modified by Options.
3) Option - a statement of practice that is a permissive condition and carries no requirement or recommendation.
Options may contain allowable modifications to a Standard or Guidance. All Option statements text appears in normal type. The verb may is typically used.
4) Support - an informational statement that does not convey any degree of mandate, recommendation, authorization, prohibition, or enforceable condition. Support statements text appears in normal type. The verbs shall, should and may are not used in Support statements. 215
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1 Nancy Lao
From: David Pittman
Sent: Monday, October 14, 2024 7:08 PM
To: Kayla Reaster; Nancy Lao; Brian Ring
Subject: Fw: Cal Water Named WaterSense Excellence Award Winner By EPA For Second Consecutive Year
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From: Kevin McCusker <[email protected]>
Sent: Monday, October 14, 2024 2:28:24 PM
To: David Pittman <[email protected]>
Subject: Cal Water Named WaterSense Excellence Award Winner By EPA For Second Consecutive Year
Mayor Pittman,
I wanted to share that the U.S.
Environmental Protection Agency has
awarded California Water Service (Cal
Water) the Excellence in Promoting
WaterSense Labeled Products Award
for the second year in a row.
We were recognized for our Landscape Tune-Up Program which assisted customers with the installation of more than 1,660 WaterSense labeled weatherbased irrigation controllers and 8,000 WaterSense labeled spray sprinkler bodies throughout all our service areas. Along with other Cal Water conservation initiatives, these devices are expected to help save 395.1 million gallons of water over their lifetime.
As part of the Cal Water Difference, we continually look for ways to help our customers cut down on their water use, and appreciate the recognition the EPA has given us for being a responsible steward of our limited water resources.
For more information, please click here to view our press release, and I invite you to reach out with any questions you may have.
Thank you,
.
ATTENTION: This message originated from outside the City of Oroville. Please exercise judgment before opening attachments, clicking on links, or replying. .
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2 Kevin McCusker
Director of Government & Community Affairs
About Cal Water
California Water Service provides safe, clean, and affordable water utility service to more than 2 million people statewide. What sets Cal Water apart is its commitment to enhancing the quality of life for its customers and communities.
Guided daily by their promise to provide quality, service, and value, the utility’s employees lead the way in working to protect the planet, care for people, and operate with the utmost integrity. Integral to Cal Water’s strategy is investing responsibly in infrastructure, sustainability initiatives, and community well-being.
The utility has been named one of “America’s Most Responsible Companies” and the “World’s Most Trustworthy Companies” by Newsweek and a Great Place to Work®. More information is available at www.calwaterdifference.com.
California Water Service
1720 North 1st Street - San Jose, CA 95112
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