2022/09/27 City Council Ordinance 970 AFFIDAVIT OF POSTING
Pursuant to California Government Code§36933 and§40806
Pursuant to Rohnert Park Municipal Code 1.08.010
STATE OF CALIFORNIA )
ss
County of Sonoma
I, Sylvia Lopez Cuevas, City Clerk for the City of Rohnert Park, declare this is a true and
correct copy of Ordinance No. 970.
Ordinance No. 970, an Ordinance of the City Council of the City of Rohnert Park,
Amending Section 9.41.030 and 9.41.040 of the Rohnert Park Municipal Code to Enact
Additional Provisions Regarding Camping on Pubic Property was published on
9/16/2022 and 9/30/2022 as required by law, and posted in five (5) public places in said
City, to:
www.rpcity.org for website posting
City Hall
130 Avram Avenue
Public Safety Main Station
500 City Center Drive
Rohnert Park Community Center
5401 Snyder Lane
Rohnert Park Senior Center
6800 Hunter Dr A
A certified copy of the full text Ordinance was posted at the City Clerk's office, 130 Avram
Avenue, Rohnert Park, California 94928 on 9/16/2022 and 9/30/2022.
The summary of Ordinance No. 970 was published in the Community Voice on 9/16/2022 and
9/30/2022 as required by law.
Sylvia Lopez Cuevas, City Clerk
Subscribed and sworn to before me this October I Z , 2022
Elizabeth Machado, Assistant City Clerk
CERTIFICATION OF PUBLICATION IN
"The Community VOICE"
(Published every Friday)
in the
SUPERIOR COURT
of the
STATE OF CALIFORNIA
In and For the County of Sonoma
COUNTY OF SONOMA
City of Rohnert Park
Summary of Ordinance #970
STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter swom, deposes and says:
That at all times hereinafter mentioned she was a citizen of the United States, over the age of eighteen years and a resident of said
county and was at all said times the principal clerk of the printer and publisher of The Community VOICE, a newspaper of general
circulation, published in the City of Rohnert Park, in said County of Sonoma, State of California; that The Community VOICE is and
was at all times herein mentioned, a newspaper of general circulation as that term is defined by Section 6000 of the Government Code;
its status as such newspaper of general circulation having been established by Court Decree No. 35815 of the Superior Court of the
State of California, in and for the County of Sonoma, Department No. 1 thereof; and as provided by said Section 6000, is published for
the dissemination of local and telegraphic news and intelligence of a general character, having a bona fide subscription list of paying
subscribers, and is not devoted to the interest, or published for the entertainment or instruction of a particular class, profession, trade,
calling, race or denomination, or for the entertainment and instruction of such classes, professions, trades, callings, races or
denominations; that at all said times said newspaper has been established and published in the said City of Rohnert Park, in said County
and State at regular intervals for more than one year preceding the first publication of this notice herein mentioned; that said notice was
set in type not smaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil, describing
and expressing in general terms, the purport and character of the notice intended to be given; that the "City of Rohnert Park, Summary
of Ordinance No. 970" of which the annexed is a printed copy, was published in said newspaper at least 1 consecutive time(s),
commencing on the 30" day of September, 2022 and ending on the 301 day of September, 2022.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct.
EXECUTED this 301" day of September, 2022, at Rohnert Park, California
Signed
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Claudia Smith Chief Clerk
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CERTIFICATION OF PUBLICATION IN
"The Community VOICE"
(Published every Friday)
in the
SUPERIOR COURT
of the
STATE OF CALIFORNIA
In and For the County of Sonoma
COUNTY OF SONOMA
City of Rohnert Park
Summary of Ordinance No. 970
ROHNERT PARK
SEP 2 2 2022
CITY CLERK
STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn, deposes and says:
That at all times hereinafter mentioned she was a citizen of the United States, over the age of eighteen years and a resident of said
county and was at all said times the principal clerk of the printer and publisher of The Community VOICE, a newspaper of general
circulation, published in the City of Rohnert Park, in said County of Sonoma, State of California; that The Community VOICE is and
was at all times herein mentioned, a newspaper of general circulation as that term is defined by Section 6000 of the Government Code;
its status as such newspaper of general circulation having been established by Court Decree No. 35815 of the Superior Court of the
State of California, in and for the County of Sonoma, Department No. 1 thereof; and as provided by said Section 6000, is published for
the dissemination of local and telegraphic news and intelligence of a general character, having a bona fide subscription list of paying
subscribers, and is not devoted to the interest, or published for the entertainment or instruction of a particular class, profession, trade,
calling, race or denomination, or for the entertainment and instruction of such classes, professions, trades, callings, races or
denominations; that at all said times said newspaper has been established and published in the said City of Rohnert Park, in said County
and State at regular intervals for more than one year preceding the first publication of this notice herein mentioned; that said notice was
set in type not smaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil, describing
and expressing in general terms, the purport and character of the notice intended to be given; that the "City of Rohnert Park Summary
of Ordinance No. 970" of which the annexed is a printed copy, was published in said newspaper at least 2 consecutive time(s),
commencing on the 16`h day of September, 2022 and ending on the a 161h day of September, 2022.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct.
EXECUTED this 16`h day of Septmber, 2022 at Rohnert Park, California
Signed SUMMARY OF ORDINANCE NO. 970 OF THE CITY OF ROHNERi PARK,
� � J CALIFORNIA, MUNICIPAL
AMENDING SECTION G 41.080 AND 9. D PR OF THE ROHNERT
II PARK MUNICIPAL CODE (CAMPING ON PUBLIC AND PRNATE PROPERTY)
Claudia Smith
Chief Clerk
Pursuant to Government Code Section 36933 (c), the fallOwing cansfitutes a 5ummol
of Ordinance No. 970 Introduced by the Rohnert Park City Council on September 1;
2022 and scheduled for consideration of adoption on September 27. 2022 at Its meetin
to be hold in the Clty Council Chom bars, 130 Avram Avonus, Rahnert Park, California,
The purpose of Ordinance No. 970 is to amand the regulations related to camping Oi
Public property in order to safeguard health, safety, and the public welfare, and to cfarlf
penalties for viotatio6. The proposed amendments will prohibit camping In creek pro
tecflon zones, within 1,500 feet of schools, daycaun and libraries, and within 1,000 foe
Of homeless 6hallots and navigation centers and safe sleeping and parking areas. Thi
proposed amendments allow the City COLind f to establish additional no camping area:
by resolution when public health and safety finds can be made. The proposed amend
morft aulhonze the City Managar to adopt reasonable management plans and admire
Istrative rules 901(0mfng camping on public property and probiblt camping In vfolatlor
of those administrative regulations and plans. The proposed amendments clarify Iho au•
thonly for prosecuting violations as mledemeanars. Infractions or nuisances In accor.
danco with aactlon 1,16,010 and 1.24 of the Rohnart Park Municipal Code,
A rertiffad copy of the full text of the Ordinance Is posted and available for review In
the City Clerk's Office at 130-Avram Avenue, Rohnert Park, California and online at
LdThis ordinance shall be In full farce and effective thirty (30) days after its adopt
and published and posted as required by law.
Thfe Ordinance was introduced by the City Council of the City of Rohnert Park an
13ih day of September 2022 and Is scheduled for consideration of adoption on 5
tember2T, 2022.
Gated: September 14, 2022 Sylvia Lope= Cuevas,
City Clerk
Publish Date: SOplamber 16, 2022 City of Rohnert Park
The Community Voice
ORDINANCE NO. 970
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AMENDING SECTION 9.41.030 AND 9.41.040 OF THE ROHNERT PARK MUNICIPAL
CODE TO ENACT ADDITIONAL PROVISIONS REGARDING CAMPING ON PUBLIC
PROPERTY
WHEREAS, in 2018, and again upon rehearing en bane in 2019, the Ninth Circuit
Court of Appeals issued decisions in Martin v. Boise that the Eighth Amendment to the
United States Constitution prohibits the government from enforcing criminal prohibitions
related to sleeping outside on public property when no alternative is practically available to
a homeless person in any shelter; and
WHEREAS,the Ninth Circuit's opinion in Martin v. Boise noted that its holding
was a narrow one and did not grant individuals an unconditional right to sit, lie or sleep on
the streets at any time or at any place, leaving open the possibility for local jurisdictions to
adopt time, place and manner restrictions on such activities; and
WHEREAS,the City of Rohnert Park has devoted substantial resources toward
assisting all members of the community experiencing homelessness, including among other
things:
• Establishing an internal homeless taskforce including staff from public safety,
public works, code compliance, housing and the City Attorney's office
• Establishing a Homelessness Roundtable to engage the community in
programs to address homelessness
• Adding a homeless services coordinator and homeless-focused code
compliance officer
• Dedicating its Community Oriented Problem Solving (COPS) Team half time
to issues related to homeless
• Investing over $4.3 million in contracts for rapid rehousing and homeless
services since 2019
• Engaging 387 unhoused individuals and connected them with services
• Placing 61 formerly unhoused individuals in permanent housing
• Placing 58 formerly unhoused individuals into interim housing/shelter
• Securing a $14.6 million grant from the state Department of Housing and
Community Development, matched with $750,000 of investment from the
City, to construct a 60-unit interim supportive housing project
WHEREAS, on November 13, 2018 the Rohnert Park City Council adopted
Resolution 2018-148 declaring a shelter crisis pursuance to Government Code Section
8698.2; and
WHEREAS, the Rohnert Park Public Safety Department experienced a doubling of
publicly generated calls for service associated with homeless encampments between 2020
and 2021 and is on-track to experience another doubling between 2021 and the end of 2022;
and
WHEREAS, the Rohnert Park Public Safety Department experienced a doubling of
officer generated calls for service associated with homeless encampments between 2020 and
2021 and is on-track to experience a tripling of officer generated calls between 2021 and the
end of 2022; and
WHEREAS, the Rohnert Park Public Safety Department experienced a doubling of
arrests associated with illegal behavior at homeless encampments between 2020 and 2021
and is on-track to experience another doubling of between 2021 and the end of 2022; and
WHEREAS, on August 9, 2022, the Rohnert Park City Council repealed and
replaced Municipal Code Chapter 9.41 in order to adopt regulations related to camping on
public and private property that are consistent with Martin v. Boise and protective and
public health and safety, specifically seeking to (1) protect neighborhoods and property from
risk of fire, and (2) protect unhoused persons from living in locations likely to cause
conflicts with vehicular traffic or create other safety issues due to accumulation of debris or
creation of large unpermitted and unsafe structures, and (3) prevent contamination of public
spaces and environmental resources; and
WHEREAS, the City anticipates opening its state-funded interim supportive housing
project in October 2022, which will provide 60 new shelter units for unhoused residents; and
WHEREAS, it is the obligation of the City to keep its public rights of way clean and
available for public use, and to protect the public health, safety, and access by City
constituents; and
WHEREAS, the availability of safe, accessible, local shelter units warrants that the City
adopt additional restrictions on camping to protect certain sensitive public land uses because it
can make shelter available to persons experiencing homelessness; and
WHEREAS, the City should seek to accomplish the aforementioned objectives in a
manner that preserves the dignity and safety of all residents.
NOW THEREFORE, the City Council of the City of Rohnert Park does ordain as follows:
Section 1. Recitals. The above recitals are adopted as findings of the City Council in
enacting this ordinance. The City Council of Rohnert Park hereby finds that the adoption of this
ordinance is necessary for the preservation of the public peace, health and safety, in order to
address fire safety and nuisance conditions generated by large encampments, and that the above
recitals set forth the factual basis for the adoption of the ordinance.
Section 2. Environmental Review. The City Council finds the approval of this
ordinance is exempt under the "common sense" exemption because it does not involve the
construction or alteration of facilities and has no potential for resulting in direct or indirect
significant effect on the environment, as described in CEQA Guidelines section 15061(b)(3). In
the alternative, the proposed regulations are intended to regulate and limit the secondary impacts
associated with unhoused persons living in locations likely to cause damage to environmental
resources, and to prohibit discharges of untreated wastewater and other pollutants, and is
therefore exempt under CEQA Guidelines section 15307 as an action to protect natural resources
and under CEQA Guidelines section 15308 as an action for protection of the environment.
Section 3. Amendments to Rohnert Park Municipal Code Section 9.41.030 and
9.41.040.
Ordinance No. 970
2
Section 9.41.030—Camping and storage of personal property in public, is amended to read in its
entirety as follows:
9.41.030 - Camping and storage of personal property in public.
A. It is unlawful for any person to camp in any public park in violation of Section
9.62.010 of this code.
B. It is unlawful for any person to camp in any wellhead protection zone in violation of
Section 13.02.120 of this code.
C. No person shall camp, or obstruct a street, sidewalk, or other public right-of-way,
in any of the following manners:
1. by camping, sitting, lying, or sleeping, or by storing, using, maintaining,
or placing personal property, in a manner that impedes pedestrian
passage on any sidewalk or walkway;
2. by camping, sitting, lying, or sleeping, or by storing, using, maintaining,
or placing personal property, within ten feet of any driveway or loading
dock;
3. by camping, sitting, lying, or sleeping, or by storing, using, maintaining,
or placing personal property, within five feet of any building entrance or
exit;
4. by camping, sitting, lying, or sleeping, or by storing, using,
maintaining, or placing personal property, within fifteen feet of any
fire hydrant, designated fire lane, fire plug, or other fire department
connection;
5. by camping,sitting, lying, or sleeping, or by storing, using,
maintaining, or placing personal property, within the public right-of-
way in a manner that obstructs or unreasonably interferes with the
use of the right-of-way for any activity for which the City has issued
a permit.
D. No person shall obstruct any portion of any street or other public right-of- way
open to use by motor vehicles, or any portion of a bike lane, bike path, or other
public right-of-way open to use by bicycles, by camping, sitting, lying, or
sleeping, or by storing, using, maintaining, or placing personal property,
anywhere within the street, bike lane, bike path, or other public right-of-way, as
specified.
E. No person shall occupy or use an area greater than ten by ten feet for storage of
unattended personal property on any city-owned parcel.
F. No person shall erect a tent, structure, or other encampment for purposes of
camping on public property within four feet of another person occupying a
different tent, structure, or other encampment on public property.
G. No person shall dump gray water(i.e., waste water from baths, sinks, washing
Ordinance No. 970
3
machines, and other kitchen appliances) or black water(i.e., sewage water) onto
sidewalks, streets, parks, open spaces, storm drains, or any other facilities not
intended for gray water or black water disposal.
H. No person shall create or use an unpermitted electrical connection on public
property.
I. No person shall use public property for unattended storage of gasoline, propane
tanks, or combustible waste, for a period of 72 hours or more, where such materials
are not used, moved from their location, or there is no apparent owner present,
during the entirety of such period.
J. Fires on public property shall be prohibited except for cooking purposes, and
within a fire-proof receptacle. Notwithstanding Chapter 8.20 or Chapter 8.24 of
this Code, camp fires, bonfires, recreational fires, burning of garbage, and use of
portable outdoor fireplaces are prohibited on public property.
K. No person shall discard hypodermic needles in any public place, except in a
designated container designed for disposal of sharps waste.
L. No person shall camp in such a manner or location as to disturb wildlife dens,
burrows, or nests, nor shall any person camping on public property cut vegetation
or excavate or terrace soil or cause damage to public property.
M. No person camping on public property shall exceed noise levels specified for
residential zoning districts in Chapter 9.44.40 of this code, as measured at the
nearest property line.
N. No person may camp in any of the areas specified below:
1. Within any creek protection zone as defined in Section 17.12.060 of this code.
2. Within 1,500 feet of a school, large or small daycare facility or library.
3. Within 1,000 feet of a facility that provides shelter, safe sleeping, or safe
parking to homeless persons, or that serves as a homeless services
navigation center.
4. On any street, sidewalk, public right-of-way, or other City property or portion
thereof, where camping has been designated as prohibited by resolution of the
City Council, upon a finding that camping in such particular location would
pose a particular and ongoing threat to public health or safety, or is unsafe or
incompatible with safe passage, and within the distance stated on posted
signage prohibiting such camping.
O. No person shall camp on a city-owned parcel in violation of any adopted site
management plan or administrative regulation adopted by the City Manager for
camping on the parcel. The City Manager may, but is not required to, establish
administrative regulations, including but not limited to site management plans,
standard requirements, procedures and forms to ensure that encampments on city-
owned parcels are managed to protect public health and safety.
Ordinance No. 970
4
Section 9.41.040-Penalties for Violation, is amended to read in its entirety as follows:
A. Any violation of this chapter shall be subject to prosecution, either a misdemeanor
or infraction, in accordance with section 1.16.010 of this code. Every day any
violation occurs or continues shall be deemed a separate offense.
B. Violations described above are deemed and declared to be a public nuisance
and may be subject to abatement in accordance with Chapter 1.24 of this
code.
Section 4. Severability. The City Council hereby declares that every section, paragraph,
sentence, clause, and phrase of this ordinance is severable. If any section, paragraph, sentence,
clause or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such
invalidity, or unconstitutionality shall not affect the validity or constitutionality of the remaining
sections, paragraphs, sentences, clauses, or phrases.
Section 5. Effective Date. This ordinance shall be effective 30 days after its adoption.
Section 6. Publication. The City Clerk is directed to cause this ordinance to be published in
the manner required by law.
This ordinance was introduced on September 13, 2022 and adopted by the Council of the City of
Rohnert Park on September 27, 2022, by the following roll call vote:
AYES: Fou &) (.o0r�c;Cmer41 l-foi h�►r��+� /Wtws, G:uc , uc(a`fth✓
NOES: rz-udnqUe c.v.) Ntuio• .11
ABSENT: O r (I) Co.t etc,Lein 5 ft-" t
ABSTAIN: ( )
CITY OF ROHNERT PARK
a ie Elwa , Mayor
ATTEST:
Sylvia Lopez Cuevas, City Clerk
`PROV TO FORM: •
• elle Marchetta Ke yon, City Attorney
Ordinance No. 970
5