CITY OF SAN RAMON
POLICY COMMITTEE
AGENDA
WE PROVIDE EFFICIENT DELIVERY OF QUALITY
PUBLIC SERVICES THAT ARE ESSENTIAL TO THOSE
WHO LIVE AND WORK IN SAN RAMON.
Mark Armstrong, Chair • Marisol Rubio, Vice Chair
City Hall
Large Conference Room, Second Floor
7000 Bollinger Canyon Road
Special Meeting
4:00 PM
October 15, 2024
Agenda Questions: Please call the City Manager's Office at (925) 973-2530
1. CALL TO ORDER / ROLL CALL
2. PUBLIC COMMENT
Members of the public are encouraged to address the Policy Committee on any non-agenda item relating to the business of the Committee. Comments should not exceed three (3) minutes. No Committee action can be taken at this meeting on issues raised during public comment. Written comments submitted prior to the start of the meeting were provided to the Committee for their consideration. Written public comments will not be read aloud during the meeting.
3. NEW BUSINESS
3.1 Request for Comments and Direction on a Proposed Overnight Camping Ordinance
Staff Report by: Martin Lysons, City Attorney
4. ADJOURNMENT
I hereby certify that the agenda was posted 24 hours before the noted meeting. To make a request for disability-related accommodation to participate in the meeting, please contact the City Clerk’s Office in advance of the meeting at 925-973-2539 or [email protected].
Dated: October 11, 2024
2 Policy Committee Meeting – October 15, 2024
ATTENDEE CONDUCT
There will be zero tolerance for any person addressing the Committee making profane, offensive and disruptive remarks, or engaging in loud, boisterous, or other disorderly conduct, that disrupts the orderly conduct of the public meeting. Specifically, it is important for all speakers to adhere to the following guidelines for participation in this meeting:
a. No profanity or obscenity
b. Refrain from personal threats or attacks.
c. Refrain from hateful epithets and demeaning language based on any person’s race, religion, sexual orientation, ethnicity, gender, or disability. d. Respect all people that are present.
At the discretion of the Committee Chair, a speaker may forfeit speaking time for any of the following reasons:
a. Exceeding the allotted time to speak;
b. Yelling, screaming, or other behavior that renders this Committee unable to continue the meeting;
c. Excessive profanity or slander; Specific threats or “fighting words” that incite violence; or
d. Speech that is outside the subject matter jurisdiction of the Policy Committee or the specific agenda item in which you are speaking.
While the City of San Ramon ensures the First Amendment rights of its citizens, we do not accept nor endorse any offensive or hateful comments made during our meetings. The City of San Ramon celebrates the diversity of our community, and we strive to be a welcoming and open community for all.
AGENDA #3.1
POLICY COMMITTEE STAFF REPORT
DATE: October 15, 2024
TO: Policy Committee/City Manager
FROM: Martin Lysons, City Attorney
By: Martin Lysons, City Attorney
SUBJECT: Request for Comments and Direction on a Proposed Overnight Camping Ordinance
RECOMMENDED ACTION
It is recommended that the Policy Committee discuss, deliberate, comment and provide direction to Staff on the proposed Overnight Camping Ordinance.
If the direction is to proceed with the proposed Ordinance as currently drafted, then it is recommended that the Policy Committee also direct the City Attorney’s Office to bring the proposed Ordinance to the City Council for introduction at a future council meeting.
If the direction is to further refine or to not update the Ordinance, then it is recommended that the Policy Committee provide that direction to the City Attorney’s Office.
BACKGROUND/DISCUSSION
The City of San Ramon is authorized by California Constitution, Article XI, Section 7, to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws and that serve and protect the health, safety, and welfare of the public.
In 2018, the Ninth Circuit issued a ruling in Martin v. City of Boise (“Boise”). Boise and later cases expanding on it barred cities from prohibiting public camping, overnight camping in vehicles, and public storage of personal property whenever the number of homeless individuals in a jurisdiction exceeds the number of “practically available” shelter beds. The Court held the government could not criminalize indigent, homeless people for sleeping outdoors on public property if there is no option of sleeping indoors.
On June 28, 2024, the Supreme Court of the United States issued its ruling in City of Grants Pass, Oregon v. Johnson, et al. (“Grants Pass”), which overruled Boise and the other rulings premised on the Boise case. Cities and counties may now amend their municipal and ordinance
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codes to conform to new law regarding sleeping, camping, and storing personal property in public parks and other public areas, as set forth in Grants Pass. Specifically, due to the change in the law, cities and counties may restrict encampments and clear their parks and public lands of camps and camp paraphernalia without the shelter availability requirement.
Here in San Ramon, irrespective of the new case law, the focus will continue to be on providing services for those who find themselves without shelter or an indoor place to sleep, rather than punish a person for homelessness. The police and other City personnel are trained to connect those who are sleeping or camping outdoors with available resources that can place them in shelters or provide other services. For example, shelters and safe havens are available throughout the Bay Area for emergency placement, and resources there offer assistance for longer-term housing needs. Mental health resources are also available through Discovery Counseling. The police and City staff may also direct a person in need toward food resources or help find shelter from domestic violence. These and other resources essentially make criminal enforcement of any camping ordinance a last resort.
The proposed ordinance gives law enforcement and City staff a tool to abate encampments within City limits while protecting the rights and property of those who are without shelter. The City will continue offering available shelter resources and a variety of other services, but this ordinance makes clear that camping on City property is prohibited, protects the waterways from debris and runoff associated with camps and human habitation, protects other areas in the City that may be sensitive to the ill effects of unauthorized camping, and gives structure to the abatement process.
The following is a summary of proposed Chapter IX of the SRMC:
Section B6-222 defines camping as pitching, erecting, or occupying an encampment, or to use camp paraphernalia or both, for the purpose of, or in a way that facilitates outdoor sheltering for living accommodation purposes or for remaining outdoors overnight.
Section B6-223 protects the City’s creeks and other waterways by making it unlawful to build a structure of any type, or to move boulders or destroy vegetation or otherwise reconfigure the natural landscape within or along the banks of waterways. This section also prohibits the discharge or storage of waste or garbage within riparian corridors or vegetation associated with the City’s waterways.
Section B6-224 prohibits camping on any public property or where camping poses a threat of harm to people, public health or safety, or where it causes a disruption to vital government services. It also lists additional sensitive areas, such as within two blocks of a school, where camping may be prohibited with appropriate signage.
Section B6-225 notes that violations of this chapter may be prosecuted as misdemeanors, but also provides that a no criminal citation will be issued if a person is camping during nighttime hours or at a time when there is no reasonably available shelter, taking into
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consideration any disability or other specific circumstances applicable to that person. As stated above, the intent of the Ordinance is not to criminalize homelessness, but to give the City options to ensure that camping does not pose a threat to the community, the environment, or to the campers themselves.
Finally, Section B6-226 outlines the procedure for abatement of encampments. The Section requires City personnel who remove articles from an encampment must pose a written notice at the site at least 24 hours before the clean-up, giving the owner of the articles a phone number to call to recover them. It also requires detailed, photographic documentation of the abatement process to ensure that the camper’s property is accounted for, and that all unclaimed items that meet certain criteria to be eligible for storage are stored for a minimum of 90 days. The procedure is set forth in detail to protect the property rights of the person whose encampment is abated.
Without changes to the SRMC consistent with the Grants Pass case, the City’s ability to maintain parks and other public areas within the City in a clean, sanitary, and accessible condition and to protect the health, safety, and welfare of the public will continue to be restricted under the now-overruled Boise standards.
FISCAL ANALYSIS
Staff does not expect the Ordinance to have a fiscal impact on the City other than the potential cost of camp abatement, which will likely be performed by City staff.
STEPS FOLLOWING APPROVAL
If the Policy Committee is generally supportive of the Ordinance, the City Attorney’s Office will bring the proposed Ordinance, or a variation of it, to a future City Council meeting for introduction. However, if Policy Committee believes that it is not in the best interest of the City to adopt the Ordinance, then there will be no changes made to the San Ramon Municipal Code.
ATTACHMENT
Proposed Ordinance
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1 ORDINANCE NO. (NEXT IN LINE)
ORDINANCE OF THE CITY OF SAN RAMON REPEALING AND REPLACING TITLE B, DIVISION B6 (HEALTH, SANITATION AND ENVIRONMENTAL
QUALITY), CHAPTER IX (LIVING IN VEHICLES) OF THE SAN RAMON
MUNICIPAL CODE WITH CHAPTER IX
(ENCAMPMENTS ON PUBLIC PROPERTY)
THE CITY COUNCIL OF THE CITY OF SAN RAMON DOES ORDAIN as follows:
SECTION 1: TITLE B, DIVISION B6 (Health, Sanitation and Environmental Quality), CHAPTER IX (Living in Vehicles) of the Municipal Code of the City of San Ramon is hereby repealed in its entirety and replaced with the following:
CHAPTER IX (Encampments on Public Property)
B6-221. – Purpose.
The Council finds that the City is committed to protecting the life, health, and safety of all people in the City and that certain public lands within the geographical boundaries of the City pose significant health and safety hazards to the people who make shelter or stay overnight in these areas. Additionally, the Council finds that some of these public lands are environmentally sensitive and may be significantly damaged by unregulated human activity. The Council is committed to protecting the rights of individuals related to their personal property and to treating such property with respect and consideration. It is the purpose of this Chapter to set standards for the preservation and protection of human life, health, and safety, to further the preservation and protection of sensitive public lands to prevent destruction of these assets, and to establish a process for the collection, storage, and disposal, recycling, or reuse of personal property found in encampments on public property.
B6-222. – Definitions.
As used in this article:
Abatement means the process of documenting and collecting eligible items for storage, and removing and disposing of, recycling, or reusing of waste at an encampment according to the process outlined in section B6-226.
Camp means to pitch, erect, or occupy an encampment, or to use camp paraphernalia or both, for the purpose of, or in a way that facilitates outdoor sheltering for living accommodation purposes or for remaining outdoors overnight.
Camp paraphernalia means personal property used to facilitate occupancy of an area, including, but not limited to, personal property typically associated with camping such as tarps, cots, beds, sleeping bags, hammocks, bedding, camp stoves, cooking equipment, buckets, mattresses, couches, dressers, or other furniture.
Encampment means one or more temporary, makeshift, or hand-built structures not intended for long-term continuous occupancy, including tents, that are used to shelter one or more persons or their belongings and that are not authorized by the property owner. Encampment includes any
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Attachment: Proposed Ordinance (4483 : Overnight Camping Ordinance) 2 camp paraphernalia and personal property associated with or located in or around the structures or tents.
Open space has the same definition as in the Glossary of the San Ramon General Plan.
Park facility has the same definition as in San Ramon Municipal Code section B5-1.
Shelter means any structure provided where individuals or families experiencing homelessness can access beds and other services, or an area designated by the City Manager for use by individuals or families experiencing homelessness.
Waste means material of any nature that constitutes rubbish, solid waste, liquid waste, human or animal waste, or medical waste. Waste also includes abandoned or unidentified personal property that is left unattended on public sidewalks and rights-of-way or other public property for a period exceeding 8 hours.
Waterway means all the portions, including riparian corridors or associated vegetated areas, of creeks, intermittent streams, perennial streams, or lakes found within the boundaries of the City of San Ramon.
B6-223. – Protection of Waterways.
A. It is unlawful for any person to do any of the following:
1. Build or erect a structure of any type along the banks of any waterway, or drive a nail or other object into any tree or other natural area vegetation for the purpose of building an encampment or any other structure, or to affix an object to any tree or other natural vegetation;
2. Move boulders or large rocks, destroy vegetation, paved roads or paths created by the City, or otherwise reconfigure the natural landscape in the waters of or along the banks of a waterway;
3. Drive, park, or bring any vehicle along the banks of a waterway, except in places specifically provided and designated for vehicular use;
4. Dig on the banks of a waterway; or
5. Discharge or store waste, including garbage, refuse, or human or animal waste, into any waterway, including the banks, the waters, the riparian corridors, or associated vegetated areas of a waterway.
B. Nothing in section B6-223 is intended to prohibit the activities of an 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; and nothing is intended to prohibit the activities of a lawful user if such activities are expressly authorized by the City Manager or by any law, regulation, permit, order or other directive from a regulatory authority.
B6-224. – Unauthorized Encampments on Public Property.
A. It is unlawful for any person to camp or to maintain an encampment in or upon any public property, including in any street, sidewalk, park facility, beach, open space, waterway, and banks of a waterway, unless permitted under a temporary use permit or encroachment permit, whichever may be appropriate, or as specifically authorized by the City Manager.
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Attachment: Proposed Ordinance (4483 : Overnight Camping Ordinance) 3 B. At all times, regardless of the availability of shelter space or beds, it is unlawful for any person to camp or to maintain an encampment where such activity poses:
1. an immediate threat or an unreasonable risk of harm to any natural person,
2. an immediate threat or an unreasonable risk of harm to public health or safety, or
3. disruption to vital government services.
C. At all times, regardless of the availability of shelter space or beds, it is unlawful for any person to camp or to maintain an encampment in the following locations:
1. Within two blocks of a school that offers instruction on those courses of study required by the California Education Code or that is maintained pursuant to standards set by the State Board of Education, provided that signs are posted prohibiting camping that are clearly visible to pedestrians;
2. Within two blocks of any shelter, provided that signs are posted prohibiting camping that are clearly visible to pedestrians;
3. In any open space, waterway, or banks of a waterway, including riparian corridors or associated vegetated areas, regardless of whether signage prohibiting camping are posted;
4. Within any transit hub, on any trolley platform, or along any trolley tracks, provided that signs are posted prohibiting camping that are clearly visible to pedestrians; and
5. In any park facility, provided that signs are posted prohibiting camping that are clearly visible to pedestrians.
D. At all times, regardless of the availability of shelter space or beds, it is unlawful for any person to sleep between 9:00 p.m. and 5:30 a.m. in any vehicle parked on any public street, alley way, or parking area, or on any privately owned parking area used for the parking of customers of any business enterprise without the consent of the owner of such business enterprise.
B6-225. – Enforcement.
A. Violations of this Chapter may be prosecuted as misdemeanors subject to the fines and custody provisions in San Ramon Municipal Code Section A1-32.B.
B. Law enforcement officers shall not issue a criminal citation to enforce a violation of Section B6-224.A between the hours of 9:00 p.m. and 5:30 a.m. or when the person is on public property at a time when there is no available shelter. For purposes of this Section B6-225.B, available shelter means the shelter is reasonably available to the person at the time enforcement is taking place and taking into consideration any disability or other specific circumstances applicable to that person.
C. Sections B6-223 and B6-224.B-D are enforceable at all times regardless of shelter availability.
B6-226. – Abatement of Encampments.
The City Manager may remove personal property, camping paraphernalia, and all other property contraband, litter, and waste found at an encampment or at a location where a person is engaged in unlawful camping in compliance with the following procedures:
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Attachment: Proposed Ordinance (4483 : Overnight Camping Ordinance) 4 A. Written Notice Required Prior to Abatement.
1. A written Notice of Clean-Up will be posted on each tent or structure and in any other distinct areas of the encampment providing notice of the date of clean-up and giving a minimum of 24 hours for persons to remove their personal property. The written notice shall also include the following statement, which may be updated by the City Manager to provide accurate and current information:
You must remove your belongings from the site within 24 hours. You should not leave behind any belongings you want to keep. All belongings left behind will be removed by the City. The City will post an Impound Notice if belongings are stored during the clean-up process.
If you wish to minimize the risk of losing valued belongings, you should try to keep those belongings on your person at all times, in a storage facility, or in visible, sanitary, and safely accessible bags or bins.
If you think your belongings were stored, you can claim them by following the directions on the Impound Notice after the clean-up is complete. Information about how to claim your belongings is also available on the City’s website. You may retrieve any stored belongings without being asked about your criminal background or outstanding warrants.
You may access shelter or services, including access to storage for your personal belongings, through the City of San Ramon’s website or by calling the San Ramon Valley Police Department Communications Center at (925) 973-2779.
2. After 24 hours, the City Manager shall conduct abatement of the site on the date posted on the Notice of Clean-Up. If abatement is delayed or rescheduled, the City Manager may conduct abatement within 48 hours of the posted Notice of Clean-Up without reposting a new Notice of Clean-Up. If abatement is delayed longer, the City Manager shall repost a Notice of Clean-Up with a new date.
B. The City Manager shall follow these additional procedures when persons are present at an encampment during abatement:
1. When shelter is available, the City Manager shall provide any person at an encampment with shelter and service information and direct them to remove their belongings from the site. The City Manager shall evaluate reasonable requests for additional time or assistance to remove items and may accommodate those requests to the extent practicable.
2. Any person who returns to an encampment during abatement shall be allowed to remove their personal property from the site. Personal property left behind will be deemed abandoned.
3. Any person arrested for a criminal offense or an outstanding warrant shall not be required to abandon personal property they identify as their own. Unless the person requests the personal property be discarded or entrusted to another, all personal property of apparent value will be taken to the San Ramon Police Department for
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Attachment: Proposed Ordinance (4483 : Overnight Camping Ordinance) 5 impoundment in accordance with existing policy and procedure. Where the owner of the items cannot be readily identified or discovered, the City Manager shall follow the abatement process in this Chapter.
C. The City Manager shall document the abatement process as follows:
1. Photograph or video record the site before any abatement begins,
2. Open backpacks, purses, suitcases, and other small storage containers to determine whether they contain items eligible for storage,
3. Set out items contained in bags or suitcases and photograph the items,
4. Photograph or video record all items to be stored,
5. Photograph or video record the cleanup process, and
6. Photograph or video record the site after abatement has concluded.
D. Unclaimed items found in abatement shall be eligible for storage if:
1. Circumstances indicate that the item belongs to a person,
2. The item has apparent utility in its current condition and circumstances, and
3. The item can be safely retrieved from the site.
Examples of items potentially eligible for storage include identification and associated paperwork, medication stored in medication bottles with identifying information, art, art supplies, musical instruments, and items that reasonably appear to have sentimental value in their current condition. An item need not be in a new or perfect condition to have apparent utility.
E. An eligible item found during an abatement shall be put into storage, unless it meets one the following disqualifying conditions:
1. Hazardous, including items contaminated with human waste, animal waste, or bugs, explosives, weapons, liquids, drug paraphernalia, or mold;
2. Likely to become hazardous in storage, including perishables, wet materials that might become moldy, and items covered in mud;
3. Practically un-storable, due to large size, weight, or other similar characteristic;
4. Contraband or stolen; or
5. Common types of items that, in the experience of City staff, individuals regularly abandon during abatement, and there is no contrary indication as to the specific item.
F. The City Manager shall record each eligible item to be stored, including the location it was found and the date of storage. Any stored items shall be kept in storage at least 90 calendar days and then may be disposed of, recycled, or reused in accordance with Title B, Division B6 (Health, Sanitation, and Environmental Quality) of the San Ramon Municipal Code.
G. After abatement has concluded and when eligible items are collected and will be placed in storage, the City Manager shall post notices at the location of the abatement that includes information on how a person can claim stored items. Information about retrieval of stored
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Attachment: Proposed Ordinance (4483 : Overnight Camping Ordinance) 6 items shall also be available on the City’s website. A person may retrieve stored items based on a description with sufficient specificity to demonstrate ownership. A person may retrieve stored items without inquiry into the person’s criminal background or outstanding warrants.
H. Expedited Abatement.
1. In an expedited abatement, the City Manager shall follow the same abatement and storage procedures in Section B6-226 but shall post a Notice of Clean-Up giving a minimum of 3 hours for all persons to remove their personal property.
2. The City Manager shall prioritize and expedite the removal of an encampment if:
a. the City receives direction from County of Contra Costa or other governmental authority that abatement of the encampment is necessary to preserve public health or safety, including to address known or suspected outbreaks of diseases; or
b. the City Manager observes or reasonably suspects the encampment creates a condition that presents a significant risk of property damage, bodily injury or death.
B-227 through B6-230.-Reserved
SECTION 2: CEQA
The City Council finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15378 and 15061 of the CEQA Guidelines in that the activity has no potential for resulting in a direct or reasonably foreseeable indirect physical change in the environment.
SECTION 3: Severability
If any part of this Ordinance is held invalid for any reason by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance, and the City Council hereby declares that it would have passed the remainder of the Ordinance if such invalid portion thereof had been deleted.
SECTION 4: Effective Date
This ordinance shall take effect thirty (30) days from the date of its passage. Before the expiration of fifteen (15) days after its passage, this ordinance shall be posted in three (3) places within the City of San Ramon along with the names of the members of the City Council voting for and against the same.
The foregoing ordinance was introduced at the meeting of the City Council of the City of San Ramon on October 22, 2024 and after public hearing, was adopted on November 12, 2024 by the following vote:
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Attachment: Proposed Ordinance (4483 : Overnight Camping Ordinance) 7 AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________
David E. Hudson, Mayor
ATTEST:
________________________
Christina Franco, City Clerk
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Attachment: Proposed Ordinance (4483 : Overnight Camping Ordinance)