CC - Item 4D - Second Reading and Adoption of Ordinance No. 1026 - Amending Chapter 12.36 of the Rosemead Municipal Code Relating to Unlawful Camping and Personal Property in Public PlacesROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BEN KIM, CITY MANAGER
;-'--
DATE: FEBRUARY 11, 2025
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1026 -
AMENDING CHAPTER 12.36 OF THE ROSEMEAD MUNICIPAL CODE
RELATING TO UNLAWFUL CAMPING AND PERSONAL PROPERTY
IN PUBLIC PLACES
SUMMARY
On January 28, 2025, the City Council of the City of Rosemead introduced for first reading, by
title only, Ordinance No. 1026, amending Chapter 12.36 of the Rosemead Municipal Code
addressing the regulation of camping and the storage of personal property in public spaces within
Rosemead.
STAFF RECOMMENDATION
It is recommended that the City Council approve the second reading and adoption of Ordinance
No. 1026 by title only, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, AMENDING CHAPTER 12.36 OF
THE ROSEMEAD MUNICIPAL CODE RELATING TO
UNLAWFUL CAMPING AND PERSONAL PROPERTY IN
PUBLIC PLACES
FISCAL IMPACT
There is no immediate fiscal impact associated with the recommendation of this report; however,
stricter enforcement may require additional resources in the future.
ENVIRONMENTAL REVIEW
The proposed ordinance qualifies for a finding of no possibility of significant effect pursuant to
Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines.
AGENDA ITEM 4.1)
City Council Meeting
February 11, 2025
Page 2 of 2
STRATEGIC PLAN IMPACT
This ordinance is consistent with the City of Rosemead's Strategic Plan Goal A: Public Safety -
enhance public safety in our City by providing safe access to public facilities, expand
neighborhood safety programs, and improve quality of life, which will include assisting
homeless residents in our community.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Submitted by:
2 ;
Ericka Hernandez, City Clerk
Attachment A: Ordinance No. 1026 - Administrative Policy
Attachment B: City Council Staff Report Only Dated January 28, 2025
Attachment A
Ordinance No. 1026
ORDINANCE NO. 1026
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD, CALIFORNIA, AMENDING CHAPTER
12.36 OF THE ROSEMEAD MUNICIPAL CODE RELATING
TO UNLAWFUL CAMPING AND PERSONAL PROPERTY
IN PUBLIC PLACES
WHEREAS, the City of Rosemead 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
WHEREAS, the City is committed to protecting the life, health, and safety of its residents
and all people within the geographical boundaries of the City; and
WHEREAS, City streets, sidewalks, and parks are intended for safe and sanitary shared
use by a diverse community of users including businesses, government, and the general public for
gathering, recreating, movement of people, maintenance, and cleaning, and are frequently used by
people relying on a variety of mobility devices; and
WHEREAS, the City is obligated to protect public health and safety and its natural
resources by maintaining clean, safe, and accessible City properties for all residents to enjoy,
including parks, open space, and the public right of way; and
WHEREAS, on June 28, 2024, the U.S. Supreme Court issued its decision in Johnson v.
City of Grants Pass, Oregon, where, among other things, the United States Supreme Court held
that the Eighth Amendment does not prohibit cities from enforcing laws regulating camping on
public property; and
WHEREAS, on July 25, 2024, Governor Gavin Newsom issued Executive Order N-1-24,
that, among other things, explained that California is experiencing a homelessness crisis decades
in the making and highlighted the potential dangers associated with encampments, including
subjecting unsheltered occupants to extreme weather, fires, predatory and criminal activity, and
widespread substance abuse; and
WHEREAS, the Governor's order highlighted the Supreme Court's Johnson decision and
encouraged local governments to take action "with urgency" to remove encampments from public
spaces, "prioritizing those encampments that most threaten the life, health, and safety of those in
and around them;" and
WHEREAS, Chapter 12.36 of the Rosemead Municipal Code prohibits camping on public
property and storage of personal property in public; and
WHEREAS, consistent with the Supreme Court's Johnson decision, Governor Newsom's
Executive Order N-1-24, and other applicable law, the purpose of this Ordinance is to modernize
and clarify the City's tools in order to help protect the public health, safety and welfare to the
fullest extent as authorized by law; and
WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.
4873-2430-4358 v1
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findings and Incorporation of Recitals. The recitals above are each incorporated by
reference and adopted as findings by the City Council.
SECTION 2. Amendment. Chapter 12.36 [Camping and Personal Property in Public Places] of
the Rosemead Municipal Code is hereby amended and restated to read in its entirety as follows:
"Chapter 12.36 — UNLAWFUL CAMPING AND PERSONAL PROPERTY IN PUBLIC
PLACES
12.36.010 - Purpose.
The regulations within this chapter are necessary to maintain public health and safety.
Unauthorized camping can lead to unsanitary conditions, increased risk of fires, and other hazards
that endanger both those camping and the general public. The City intends to mitigate the inherent
risks associated with unauthorized camping and unauthorized storage of property in public while
ensuring the rights of preserving for the public the proper use of public spaces, such as parks and
sidewalks. The purpose of this chapter is also to afford due process of law to any person who is
directly affected by this process.
12.36.020 - Definitions.
Unless the particular provisions or the context otherwise requires, the definitions contained in this
section shall govern the construction, meaning, and application of words and phrases used in this
chapter.
"Camp" means to pitch, erect, or occupy camp facilities, or to use camp paraphernalia, for
remaining outdoors overnight.
"Camp facilities" means a temporary, makeshift, or hand -built structure, including, a tent, hut, or
other temporary shelter.
"Camp paraphernalia" means personal property used to facilitate occupancy of an area, including,
a tarpaulin, cot, bedding, sleeping bag, hammock, or non -city -designated cooking facilities and
similar equipment.
"City Manager" means the City Manager, or his or her designee.
"Park" means any public property held out by the City or used by the public for active or passive
park and recreation uses.
"Store" means to put aside or accumulate for use when needed, to put for safekeeping, or to place
or leave in a location.
"Street" means all streets, highways, avenues, lanes, alleys, courts, sidewalks, parkways, curbs,
public parking lots or other public ways in this City.
4873-2430-4358 v1
12.36.020 - Unlawful camping prohibited.
It is unlawful for any person to camp, occupy camp facilities, use camp paraphernalia, or sleep
upon any public property, including any street, sidewalk, park, public parking lot, or public area,
except as authorized in writing by the City Manager.
12.36.030 - Sleeping in public places prohibited.
It is unlawful for any person to sleep upon any street at any time, as a matter of individual and
public safety.
12.36.040 - Storage of personal property in public places prohibited.
It is unlawful for any person to store any personal property, including camp facilities and camp
paraphernalia, upon any public property, including any street, sidewalk, park, public parking lot,
or public area, except as authorized in writing by the City Manager or pursuant to a City -issued
permit or license.
12.36.050 - Authority to enforce chapter; removal of personal property stored in public.
A. The City Manager may adopt regulations or policies to implement and interpret this
chapter. Any regulation or policy must conform with the purpose of this chapter.
B. The City Manager may remove personal property, camping paraphernalia,
contraband, litter, and waste found at a camp facility or any other public place, in accordance with
an administrative policy approved by the City Manager.
12.36.060 - Enforcement.
A. Violation Unlawful. It is unlawful and declared a public nuisance for any person to
violate any provision of this chapter.
B. Willful Obstruction Prohibited. It is unlawful to willfully resist, delay, or obstruct
a City employee from moving, removing, impounding, or discarding personal property stored in
public in violation of Section 12.36.030.
C. Ongoing Violations. Each and every day a violation is maintained, caused, aided,
abetted, concealed, suffered, or permitted is a separate offense.
D. Criminal Penalties. Violation of any provision of this chapter is a misdemeanor
according to Section 1.16.010 of this code, except the City Attorney may prosecute a violation of
this chapter as an infraction, at his or her discretion.
E. Administrative Citations and Civil Enforcement. Nothing in this chapter prevents
the issuance of an administrative citation for violations of the provisions of this chapter, prevents
the City Attorney from bringing a civil action, at his or her discretion, to seek the abatement of
any violation of this code.
F. Remedies Cumulative. The remedies, procedures, and penalties provided by this
chapter are cumulative to each other and to any other available under City, State, or federal law."
4873-2430-4358 v1
SECTION 3. Environmental Review. The City Council exercises its independent judgment and
finds that this ordinance is not subject to the California Environmental Quality Act ("CEQA")
pursuant to CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3: (1) Section
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical
change in the environment); (2) Section 15060(c)(3) (the activity is not a project as defined in
Section 15378), because the subject regulations have no potential for resulting in any significant
physical change to the environment, directly or indirectly, and (3) Section 15321 (the ordinance
addresses administrative procedures for City Manager duties).
SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or
phrase, or portion of this ordinance is, for any reason, held to be unconstitutional or invalid or
ineffective by any court of competent jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this ordinance or any part thereof. The City Council
hereby declares that it would have adopted this ordinance and each section, subsection,
subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the fact that
one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be
declared unconstitutional or invalid or ineffective. To this end the provisions of this ordinance are
declared to be severable.
SECTION 5. Publication. The City Clerk is directed to certify to the adoption of this ordinance
and publish in accordance with law.
PASSED, APPROVED, AND ADOPTED this 1 I"' day of February 2025.
Margaret Clark, Mayor
APPROVED AS TO FORM: ATTEST:
Rachel H. Richman,
City Attorney
Erick Hernandez, City Clerk
4873-2430-4358 v1
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROSEMEAD
I, Ericka Hernandez, City Clerk of the City of Rosemead, County of Los Angeles, State of
California, hereby attest to the above signature and certify that Ordinance No. 1026 was first
introduced at the regular meeting of January 28, 2025 by first reading. Said Ordinance was
approved and adopted by the City Council of the City of Rosemead at a regular meeting held on
the 11 �h day of February 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ericka Hernandez, City Clerk
4873-2430-4358 v1
E AI P
S
O S
CITY OF ROSEMEAD
Administrative Policy Manual
Policy Number: 10-XX
Date Established:
Date Revised:
City Manager Approval:
SUBJECT: POLICY FOR CLEANUP OF PERSONAL PROPERTY STORED IN PUBLIC
PURPOSE: TO PROVIDE GUIDELINES TO CITY STAFF FOR THE REMOVAL OF
PERSONAL PROPERTY IN STORED IN PUBLIC IN COMPLIANCE WITH
APPLICABLE LAW AND THE RIGHTS OF THOSE AFFECTED
GENERAL POLICY
This policy is adopted under Rosemead Municipal Code section 12.36.040. Pursuant to
this policy, and in conjunction with RMC section 12.36.040, the City Manager, or his or her
designee, may remove personal property stored in public according to this policy. This
policy facilitates maintaining clean, safe, and accessible City properties for all residents to
enjoy, while providing guidance regarding removal operations.
PROCEDURES
A. Posting of a Notice to Vacate Before Cleanup
1. Posting. A written Notice to Vacate must be posted at each major point of
ingress/egress of the area to be cleaned up in a conspicuous manner. The Notice to
Vacate should be enclosed in some manner to protect against weather.
2. Timing of Posting. The Notice to Vacate must be posted at least 48 hours
before beginning encampment removal. The Notice to Vacate should be reposted as
necessary approximately 24 hours before beginning encampment removal.
3. Form of Notice to Vacate. The Notice to Vacate must be written in a form that
is substantially consistent with the following:
" NOTICE TO VACATE
Posting Date:
Posting Time:
Everyone who camps, uses camp paraphernalia, occupies camp facilities, or
stores personal property in public in violation of Chapter 12.36 of the
Rosemead Municipal Code is guilty of a misdemeanor offense. By this
notice, you are being provided instructions on your obligation to vacate.
Should you fail to timely vacate, you may be charged with such an offense.
Page 1 of 4
Page 2 of 4
Policy 10-xx
Instructions:
• You must remove your belongings from this site by the vacate
date and time listed below.
• All property and debris remaining after the vacate date and time
below will be removed and may be disposed of as trash or
stored.
• The City will post a Notice of Removal in the event personal
property is not disposed of during the cleanup process. All
personal property not disposed of will be stored for 60 days.
Follow the instructions on the Notice of Removal to reclaim
your property. Failure to timely reclaim property removed and
stored by the City will result in its disposal.
Vacate Date:
Vacate Time:
IE
4. Outreach. At the time of posting the Notice to Vacate, appropriate City staff
should attempt to connect inhabitants of any encampment with resources, such as the
County or other community partners. This ideally connects people with services while also
ensuring the area is cleared of personal property, so that only trash is left on the day of the
cleanup. This is a best practice and should continue to be utilized, resources permitting.
B. Cleanup Procedures
1. Cleanup Authorized. After expiration of the 48 hours, the City Manager is
authorized to cause a cleanup of the site and removal of any remaining personal property.
The cleanup and storage procedures below should be followed.
2. Outreach. At the date and time of the cleanup, appropriate City staff should
do outreach and attempt to connect inhabitants of any encampment with homeless
resources.
3. Final Time Allowance for Removal. Upon arrival at the date and time for a
cleanup, any individuals remaining on site must be given a reasonable amount of time to
remove possessions before any cleanup begins. Any person who returns to an
encampment during abatement may be allowed to remove their personal property from the
site. If there is a dispute with an individual remaining on the site regarding how much
additional time is reasonable after the Notice to Vacate, City staff shall make a record of
the circumstances before any commencement of cleanup.
4. Commencement of Cleanup. Work may begin on the date written on the
Notice to Vacate and must begin no earlier than the time specified on the Notice to Vacate.
5. Documentation. Time -stamped photographs should be taken before, during,
and after removal. Collected personal property should be documented with time -stamped
Page 3 of 4
Policy 10-xx
photographs and shall be inventoried by describing and labeling the items and identifying
the cleanup location and the removal date. Items to be discarded should be photographed
to provide evidence of the reasons they were removed and discarded.
6. Disposition of Items. The following table provides guidance on what items
may be disposed of, and what items must be stored. Courts have affirmed the following
rules regarding certain items (trash, hazardous material, soiled items, and contraband) that
may be removed or discarded. Anything else that is personal property of apparent value
must be stored if removed.
REMOVE
Items appearing to be trash (based
on an objectively reasonable belief of
Staff)
Items appearing to be abandoned
(based on an objectively reasonable
belief of Staff)'
Items that are considered to pose a
danger or hazard to public health and
safety whether due to being
unsanitary or due to the nature of the
item (e.g., toxic sharps [needles,
scissors, knives]; chemicals, items
soiled by infectious materials, human
waste, or bodily fluids; moldy,
mildewed items; items that may be
infested by rodents and insects;
combustibles; perishable food)
Evidence of crime (e.g., narcotics) or
contraband (e.g., weapons)
STORE
Anything else constituting personal
property of apparent value, including
personal identification documents (e.g.,
birth certificates); musical instruments,
bikes, wheelchairs, and other
conveyances in good repair;
medications and medical equipment;
family memorabilia (e.g., photographs);
items usable for shelter (e.g., habitable
and uncontaminated tents, tarps, and
sleeping bags)
Abandoned property is usually coextensive with trash. Abandoned property has no legal
protection and may be seized without violating the Fourth Amendment. (U.S. v. Bumette (9th Cir.
1983) 698 F.2d 1038, 1047.)
Page 4 of 4
Policy 10-xx
7. Posting of Notice of Removal. After completion of the cleanup, a Notice of
Removal should be posted at the site in the same manner as the Notice to Vacate. Notices
should be placed in locations near where items were removed from. The Notice of
Removal must include information on how a person can claim stored items and a point of
contact for that purpose. The Notice of Removal must include a statement that removed
personal property may be discarded if not claimed within 60 days after impoundment.
C. Storage Procedures
1. Storage Period. Any personal property that is removed should be stored in a
secure location for not less than 602 days, then discarded or auctioned if not claimed.
2. Procedure for Reclaiming Property. Persons attempting to retrieve property
collected during a removal operation shall give the location of the encampment where the
property was collected, describe where and when the personal property was last in their
possession, and provide a description of the item(s) with sufficient specificity to
demonstrate ownership. The person retrieving the property shall sign and date a document
acknowledging receipt of the property. If requested, a receipt should be given to the person
retrieving the property. A person may retrieve stored items without inquiry into the person's
criminal background or outstanding warrants. Valid, government -issued identification is not
required to reclaim removed personal property. A person claiming property must take all
stored property at the time of claiming property.
D. Expedited Cleanups
3. Standard for Expedited Cleanup. In general, noticed abatement procedures
should be followed. But in emergency cases, no -notice, immediate abatement can be
utilized. This is limited to exigent circumstances. The City may proceed with immediate
abatement when the City Manager, or his or her designee, reasonably determines in his or
her sole discretion that an encampment or other storage of personal property in public
poses an imminent threat to life, health, safety, or infrastructure.
4. No Formal Notice Required. No advance posting of a Notice to Vacate is
required for expedited cleanup. 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.
5. Cleanup and Storage Procedures. To the extent feasible under the
circumstances, the cleanup and storage procedures above should be followed, including
posting of the Notice of Removal. Due to the exigent circumstances surrounding these
removals, it may not be possible to collect, label, and store items.
2 See Civ. Code., § 2080.10.
Attachment B
City Council Staff Report
Dated January 28, 2025
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: BEN KIM, CITY MANAGER V4
DATE: JANUARY 28, 2025
SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, AMENDING CHAPTER 12.36 OF THE
ROSEMEAD MUNICIPAL CODE RELATING TO UNLAWFUL
CAMPING AND PERSONAL PROPERTY IN PUBLIC PLACES
SUMMARY
This staff report introduces a proposed ordinance addressing the regulation of camping and the
storage of personal property in public spaces within Rosemead. The proposed ordinance seeks to
balance the City's commitment to maintaining public health, safety, and access to public spaces
with its legal authority under the recent United States Supreme Court decision in City of Grants
Pass v. Johnson. The ordinance, along with the attendant cleanup policy, reflects a measured
approach that emphasizes compliance with federal and state law while incorporating strategies to
connect individuals experiencing homelessness with available resources. This report outlines the
ordinance's key components, relevant legal considerations, community needs, and anticipated
fiscal implications.
DISCUSSION
Legal Background
In Grants Pass v. Johnson, the U.S. Supreme Court held that regulating camping on public
property does not constitute "cruel and unusual punishment" prohibited by the Eighth
Amendment. The decision reversed the holding of the Ninth Circuit Court of Appeals, which
held that camping prohibitions were "cruel and unusual punishment" if a person was
"involuntarily" homeless. The Supreme Court held that legislative bodies, rather than courts, are
the appropriate decision maker when determining criminal regulations and penalties for camping
in public. The Court acknowledged legislative bodies have broad discretion in this regard.
However, the Court also acknowledged that a number of Constitutional and common law
protections still apply, for example competency to stand trial, a "necessity defense," due process,
and equal protection, among others.
The Grants Pass decision does not mandate changes to existing city legislation or practices but
provides clear authority for municipalities to regulate camping under specific conditions. It did
AGENDA ITEM 5.0
City Council Meeting
January 28, 2025
Page 2 of 3
not address encampment cleanup procedures, which are governed by Fourth and Fourteenth
Amendment considerations as outlined in cases such as Lavan v. City of Los Angeles and Garcia
v. City of Los Angeles? These cases establish procedural requirements for removing personal
property from public spaces, including notice, storage, and due process safeguards.
Governor Newsom's Executive Order
Following the Grants Pass decision, Governor Gavin Newsom issued Executive Order N-1-24
on July 25, 2024, urging local agencies to adopt cleanup policies consistent with Caltrans
Maintenance Policy Directive 1001-R1. This directive outlines procedures similar to those
implemented by Los Angeles post-Lavan and Garcia. The order also explained that California is
experiencing a homelessness crisis decades in the making and highlighted the potential dangers
associated with encampments, including subjecting unsheltered occupants to extreme weather,
fires, predatory and criminal activity, and widespread substance abuse.
Section 3 of the Executive Order specifically encourages local governments to adopt policies
consistent with the Caltrans policy, prioritize the removal of encampments that most threaten
public health and safety, while leveraging available State resources.
Community Need
City streets, sidewalks, and parks are intended for safe and sanitary shared use by a diverse
community of users including businesses, government, and the general public for gathering,
recreating, movement of people, maintenance, and cleaning, and are frequently used by people
relying on a variety of mobility devices. Meanwhile the City is obligated to protect public health
and safety and its natural resources by maintaining clean, safe, and accessible City properties for
all residents to enjoy, including parks, open space, and the public right of way.
Rosemead has a history of proactively addressing homelessness. The proposed ordinance
regulating encampments and the storage of personal property in public spaces serves as a prudent
corollary to these initiatives. This dual approach underscores the City's dedication to ensuring
that public spaces remain accessible while supporting vulnerable populations.
Proposed Ordinance
The proposed ordinance includes the following key provisions:
• Makes it unlawful to camp, use camp paraphernalia, or sleep on public property, including
streets, sidewalks, parks, and other areas, without prior authorization;
• Prohibits the storage of personal property, including camping equipment, on public
property unless authorized by the City Manager or a City -issued permit;
I Lavan v. City of Los Angeles (9th Cir. 2012) 693 F.3d 1022.
2 Garcia V. City of Los Angeles (9th Cir. 2021) 11 FAth 1113.
City Council Meeting
January 28, 2025
Page 3 of 3
• Empowers the City Manager to establish regulations and policies for enforcing the
ordinance; and
• Specifically authorizes removal of personal property, camping equipment, contraband,
litter, and waste in accordance with City administrative policies.
Attendant Cleanup Policy
The accompanying administrative policy supplements the ordinance, outlining procedures for
cleanup operations while ensuring due process. Key provisions include:
• Posting of a notice of the cleanup 48 hours in advance;
• Removal, inventory, and storage of personal property;
• Immediate disposal of trash and hazardous items;
• Notice of where to retrieve the stored personal property;
• Storage of personal property by the City for 60 days before disposal;
• An exception for immediate, no -notice removal if the encampment/storage constitutes an
imminent threat to life, health, or infrastructure; and
• Direction to connect individuals experiencing homelessness with available resources
where feasible.
These provisions align with relevant legal precedents and State directives. As a policy of the City
Manager, there is no Council action required.
FISCAL IMPACT
There is no immediate fiscal impact associated with the recommendation of this report; however,
stricter enforcement may require additional resources in the future.
STAFF RECOMMENDATION
It is recommended that the City Council introduce for first reading Ordinance No. 1026,
amending Chapter 12.36 of the Rosemead Municipal Code relating to unlawful camping and
personal property in public places and direct staff to place the ordinance on the next agenda for
consideration of adoption.
CEOA
The proposed ordinance qualifies for a finding of no possibility of significant effect pursuant to
Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines.
Prepared by:
Rachel Richman, City Attorney
Attachments: Proposed Ordinance No. 1026 - Administrative Policy