City Council

1. ROLL CALL 2. PLEDGE OF ALLIEGENCE 3. APPROVAL OF THE AGENDA Winters Regular Council Meeting Tuesday, September 3, 2024 @ 6:30 PM AGENDA Members of the City Council Bill Biasi, Mayor Albert Vallecillo, Mayor Pro-Tempore Richard Casavecchia Jesse Loren Carol Scianna Meeting Information Winters City Council meetings are conducted in person at City Hall Council Chambers (318 First Street, Winters, CA) and are accessible via the Abbey St side entrance. As a courtesy and technology permitting, members of the public may still participate virtually. However, the City cannot guarantee that the public’s access to teleconferencing technology will be uninterrupted, and technical difficulties may occur from time to time. Unless required by the Brown Act, City Council meetings will continue despite technical difficulties for participants using teleconferencing. Z o o m : https://us02web.zoom.us/j/89855949754? pwd=Y09JK1ZaRmt0ejJuazNsRmhvaDRXZz09 Meeting ID: 898 5594 9754 Passcode: 202614 1. If you are joining the meeting via Zoom and wish to make a comment on an item, press the “raise a hand” button. If you are joining the meeting by phone, press *9 to indicate a desire to make a comment. The chair will call you by name or phone number when it is your turn to comment. Speakers will be limited to 3:00 minutes. 2. If you choose not to observe the City Council meeting but wish to make a comment on a specific agenda item, please submit your comment via email by 5:00 p.m. on the Monday prior to the City Council meeting. Please submit your comment to the City Clerk at cityclerk@cityofwinters.org. All public comments submitted to the City Clerk will be summarized and read into record but will not be read verbatim due to time limitations 1 City of Winters

4. COUNCIL/STAFF COMMENTS 5. PUBLIC COMMENTS At this time, any member of the public may address the City Council on matters, which are not listed on this agenda. Citizens should reserve their comments for matters listed on this agenda at the time the item is considered by the Council. An exception is made for members of the public for whom it would create a hardship to stay until their item is heard. Those individuals may address the item after the public has spoken on issues that are not listed on the agenda. Presentations may be limited to accommodate all speakers within the time available. Public comments may also be continued to later in the meeting should the time allotted for public comment expire. A. Correspondence from Daniel Smith re: West Main crossing near Middle School Daniel Smith Letter for Public Safety on W. Main (1).pdf 6. CONSENT CALENDAR All matters listed under the consent calendar are considered routine and noncontroversial, require no discussion and are expected to have unanimous Council support and may be enacted by the City Council in one motion in the form listed below. There will be no separate discussion of these items. However, before the City Council votes on the motion to adopt, members of the City Council, staff, or the public may request that specific items be removed from the Consent Calendar for separate discussion and action. Items(s) removed will be discussed later in the meeting as time permits. A. Minutes from the Regular Meeting of the Winters City Council for July 16, 2024 City_Council_minutes_july_16_2024.docx B. Consider adopting Ordinance 2024-08 Amending Section 9.24.020 and Repealing Section 9.24.030 of Title 9 of the Winters Municipal Code Related to Encampments Within the City Limits. Staff_Report_Encampment_Ordinance_Update_2024-08_Second_Reading (1).doc Encampment_Ordinance_Update_2024-08__1_ (1).docx C. Consideration of Resolution No. 2024-59 Authorizing the Purchase of a 2024 Chevy 2500 Utility Truck for the Public Works Water Division from Hanlees Davis Chevy in an Amount Not to Exceed $75,000. Winters__Staff_Report_Water_Replacement_Vehicle.docx Winters__Reso_re_Public_Works_Truck_Purchase.docx Hanlees Davis Chevy.docx Dupratt Ford Quote.pdf Fairfield_Chevrolet.docx Hoblit Ford Quote.pdf WINTERS F250 SERVICE BODY JULY 26TH_001813.pdf D. Street Closure Requests for Fall Events: September 20 th Homecoming Rally, September 28th Festival de La Comunidad, and October 25 th and 26th Harvest Festival Fall_event_street_closures.doc 2 City of Winters

Attachment 1 Street Closure Request WJUSD Homecoming Rally.pdf Attachment 2 Street Closure Request Carnitas Festival.pdf Attachment 3 Street Closure Request Harvest Festival.pdf E. Consideration of Resolution 2024-61 Approving and Authorizing the City Manager to Execute the Revised Second Amendment to Ground Lease Agreement with Sacramento Valley Limited Partnership d/b/a Verizon Wireless and First Amendment to Annex Parcel Lease Agreement with American Tower Delaware Corporation Winters__Staff_Report_re_Resolution_Approving_Cell_Tower_Lease_Amendments_with_ATC_ Winters__Resolution_Approving_Cell_Tower_Lease_Amendments_Revised_Exhibits__2024_.d 82655 APA Execution Copy 1st Am to APL.pdf 82655 Execution Copy 2nd Am to GL.pdf F. Resolution No. 2024-60 Approving Memorandums of Understanding with the Winters Management (Department Head) Employees, Winters Manager’s Series Employees, Winters Police Officers Association, and Winters Professional Firefighters Association, implementing a 3% General Salary Increase, and other changes, retroactive to four (4) pay periods prior to ratification and approval of these MOUs. Winters__StaffReport_2024MOUs_DeptHead_Mgr_POA_WFD.docx Winters__Attachment1_Resolution_MOUs.docx 2024-60_Exhibit_A_MOU_Manager_sRedline.docx 2024-60 Exhibit_B_POA_MOU__Red_line.docx 2024-60 Exhibit_C_MOU_Fire_Redline.docx 2024-60 Exhibit_D_MOU_DeptHeads_Redline.docx G. Resolution 24-62 Proclaiming September 9-13, 2024, as Disability Voting Rights Week Resolution 24-62 Proclaiming Disability Voting Rights Week.docx 7. PRESENTATIONS A. Presentation of the Results of the 2024 CCMF Scholarship Internship. Staff Report Internship Accomplishments .doc 8. DISCUSSION ITEMS 9. CITY MANAGER REPORT 10. INFORMATION ONLY 11. ADJOURNMENT I declare under penalty of perjury that the foregoing agenda for the regular meeting of the Winters City Council was posted on the City of Winters website at www.cityofwinters.org and Council Members were notified via e-mail of its’ availability. A copy of the foregoing agenda was also posted on the outside public bulletin board at City Hall, 318 First Street , and made available to the public during normal business hours. ______________________________________ Jeremy Craig, City Clerk Winters City Council Agenda 3 City of Winters

Questions about this agenda - Please call the City Clerk's Office (530) 794-6702. Agendas and staff reports are available on the city web page at http://www.cityofwinters.org/city-council-meetings_/ General Notes: Meeting facilities are accessible to persons with disabilities. To arrange aid or services to modify or accommodate persons with disability to participate in a public meeting, contact the City Clerk. Staff recommendations are guidelines to the City Council. On any item, the Council may take action, which varies from that recommended by staff. The city does not transcribe its proceedings. Anyone who desires a verbatim record of this meeting should arrange for attendance by a court reporter or for other acceptable means of recordation. Such arrangements will be at the sole expense of the individual requesting the recordation. How to obtain City Council Agendas and Agenda Packets: View on the internet: http://www.cityofwinters.org/city-council-meetings_/ City Council agenda packets and any attachments to the agenda that are not available online may be viewed at the City Clerk's Office at City Hall - 318 First Street. Email Subscription: You may contact the City Clerk's Office to be placed on the list. An agenda summary is printed in the Winters Express newspaper. A recording of any streamed City Council meeting can be viewed later at http://www.cityofwinters.org/city-council-meeting-recordings/. 4 City of Winters

1. ROLL CALL 2. PLEDGE OF ALLIEGENCE 3. APPROVAL OF THE AGENDA Winters Regular Council Meeting Tuesday, September 3, 2024 @ 6:30 PM AGENDA Members of the City Council Bill Biasi, Mayor Albert Vallecillo, Mayor Pro-Tempore Richard Casavecchia Jesse Loren Carol Scianna Meeting Information Winters City Council meetings are conducted in person at City Hall Council Chambers (318 First Street, Winters, CA) and are accessible via the Abbey St side entrance. As a courtesy and technology permitting, members of the public may still participate virtually. However, the City cannot guarantee that the public’s access to teleconferencing technology will be uninterrupted, and technical difficulties may occur from time to time. Unless required by the Brown Act, City Council meetings will continue despite technical difficulties for participants using teleconferencing. Z o o m : https://us02web.zoom.us/j/89855949754? pwd=Y09JK1ZaRmt0ejJuazNsRmhvaDRXZz09 Meeting ID: 898 5594 9754 Passcode: 202614 1. If you are joining the meeting via Zoom and wish to make a comment on an item, press the “raise a hand” button. If you are joining the meeting by phone, press *9 to indicate a desire to make a comment. The chair will call you by name or phone number when it is your turn to comment. Speakers will be limited to 3:00 minutes. 2. If you choose not to observe the City Council meeting but wish to make a comment on a specific agenda item, please submit your comment via email by 5:00 p.m. on the Monday prior to the City Council meeting. Please submit your comment to the City Clerk at cityclerk@cityofwinters.org. All public comments submitted to the City Clerk will be summarized and read into record but will not be read verbatim due to time limitations City of Winters 1

4. COUNCIL/STAFF COMMENTS 5. PUBLIC COMMENTS At this time, any member of the public may address the City Council on matters, which are not listed on this agenda. Citizens should reserve their comments for matters listed on this agenda at the time the item is considered by the Council. An exception is made for members of the public for whom it would create a hardship to stay until their item is heard. Those individuals may address the item after the public has spoken on issues that are not listed on the agenda. Presentations may be limited to accommodate all speakers within the time available. Public comments may also be continued to later in the meeting should the time allotted for public comment expire. A. Correspondence from Daniel Smith re: West Main crossing near Middle School Daniel Smith Letter for Public Safety on W. Main (1).pdf 6. CONSENT CALENDAR All matters listed under the consent calendar are considered routine and noncontroversial, require no discussion and are expected to have unanimous Council support and may be enacted by the City Council in one motion in the form listed below. There will be no separate discussion of these items. However, before the City Council votes on the motion to adopt, members of the City Council, staff, or the public may request that specific items be removed from the Consent Calendar for separate discussion and action. Items(s) removed will be discussed later in the meeting as time permits. A. Minutes from the Regular Meeting of the Winters City Council for July 16, 2024 City_Council_minutes_july_16_2024.docx B. Consider adopting Ordinance 2024-08 Amending Section 9.24.020 and Repealing Section 9.24.030 of Title 9 of the Winters Municipal Code Related to Encampments Within the City Limits. Staff_Report_Encampment_Ordinance_Update_2024-08_Second_Reading (1).doc Encampment_Ordinance_Update_2024-08__1_ (1).docx C. Consideration of Resolution No. 2024-59 Authorizing the Purchase of a 2024 Chevy 2500 Utility Truck for the Public Works Water Division from Hanlees Davis Chevy in an Amount Not to Exceed $75,000. Winters__Staff_Report_Water_Replacement_Vehicle.docx Winters__Reso_re_Public_Works_Truck_Purchase.docx Hanlees Davis Chevy.docx Dupratt Ford Quote.pdf Fairfield_Chevrolet.docx Hoblit Ford Quote.pdf WINTERS F250 SERVICE BODY JULY 26TH_001813.pdf D. Street Closure Requests for Fall Events: September 20 th Homecoming Rally, September 28th Festival de La Comunidad, and October 25 th and 26th Harvest Festival Fall_event_street_closures.doc City of Winters 2

Attachment 1 Street Closure Request WJUSD Homecoming Rally.pdf Attachment 2 Street Closure Request Carnitas Festival.pdf Attachment 3 Street Closure Request Harvest Festival.pdf E. Consideration of Resolution 2024-61 Approving and Authorizing the City Manager to Execute the Revised Second Amendment to Ground Lease Agreement with Sacramento Valley Limited Partnership d/b/a Verizon Wireless and First Amendment to Annex Parcel Lease Agreement with American Tower Delaware Corporation Winters__Staff_Report_re_Resolution_Approving_Cell_Tower_Lease_Amendments_with_ATC_ Winters__Resolution_Approving_Cell_Tower_Lease_Amendments_Revised_Exhibits__2024_.d 82655 APA Execution Copy 1st Am to APL.pdf 82655 Execution Copy 2nd Am to GL.pdf F. Resolution No. 2024-60 Approving Memorandums of Understanding with the Winters Management (Department Head) Employees, Winters Manager’s Series Employees, Winters Police Officers Association, and Winters Professional Firefighters Association, implementing a 3% General Salary Increase, and other changes, retroactive to four (4) pay periods prior to ratification and approval of these MOUs. Winters__StaffReport_2024MOUs_DeptHead_Mgr_POA_WFD.docx Winters__Attachment1_Resolution_MOUs.docx 2024-60_Exhibit_A_MOU_Manager_sRedline.docx 2024-60 Exhibit_B_POA_MOU__Red_line.docx 2024-60 Exhibit_C_MOU_Fire_Redline.docx 2024-60 Exhibit_D_MOU_DeptHeads_Redline.docx G. Resolution 24-62 Proclaiming September 9-13, 2024, as Disability Voting Rights Week Resolution 24-62 Proclaiming Disability Voting Rights Week.docx 7. PRESENTATIONS A. Presentation of the Results of the 2024 CCMF Scholarship Internship. Staff Report Internship Accomplishments .doc 8. DISCUSSION ITEMS 9. CITY MANAGER REPORT 10. INFORMATION ONLY 11. ADJOURNMENT I declare under penalty of perjury that the foregoing agenda for the regular meeting of the Winters City Council was posted on the City of Winters website at www.cityofwinters.org and Council Members were notified via e-mail of its’ availability. A copy of the foregoing agenda was also posted on the outside public bulletin board at City Hall, 318 First Street , and made available to the public during normal business hours. ______________________________________ Jeremy Craig, City Clerk Winters City Council Agenda City of Winters 3

Questions about this agenda - Please call the City Clerk's Office (530) 794-6702. Agendas and staff reports are available on the city web page at http://www.cityofwinters.org/city-council-meetings_/ General Notes: Meeting facilities are accessible to persons with disabilities. To arrange aid or services to modify or accommodate persons with disability to participate in a public meeting, contact the City Clerk. Staff recommendations are guidelines to the City Council. On any item, the Council may take action, which varies from that recommended by staff. The city does not transcribe its proceedings. Anyone who desires a verbatim record of this meeting should arrange for attendance by a court reporter or for other acceptable means of recordation. Such arrangements will be at the sole expense of the individual requesting the recordation. How to obtain City Council Agendas and Agenda Packets: View on the internet: http://www.cityofwinters.org/city-council-meetings_/ City Council agenda packets and any attachments to the agenda that are not available online may be viewed at the City Clerk's Office at City Hall - 318 First Street. Email Subscription: You may contact the City Clerk's Office to be placed on the list. An agenda summary is printed in the Winters Express newspaper. A recording of any streamed City Council meeting can be viewed later at http://www.cityofwinters.org/city-council-meeting-recordings/. City of Winters 4

Daniel Smith 965 Colton St. Winters , CA 95694 August 13, 2024 City of Winters, I am writing this letter in regard to public safety as the Middle School children cross W. Main St. to get to Anderson Avenue on the way to and from school at Winters Middle School. I am a law-enforcement officer (Corporal, Oakland Housing Authority Police) and deal with public safety recommendations on a daily basis. As children walk to school in the morning and cross W. Main St. towards Anderson Avenue, there is a lot of vehicle traffic. I have seen several near miss incidents involving children that are walking and riding bicycles to school. This area is extremely congested, in the morning/afternoons and parents are rushing their kids to school and from school. In addition, the stop sign off of Anderson gets backed up heading towards W. Main St. and drivers pull out in an unsafe manner. I do not want to see a child get hit by a vehicle on the way to or from school. I believe at this location there should be; 1. A crossing guard 2. Crosswalk with the blinking light 3. Or a three-way stop sign. I believe that any one of these remedies would assist in keeping our children/community safe as they walk to and from school. I believe being proactive in the situation is the best remedy to keep our children/community safe. Best regards, Daniel Smith School District Parent Corporal for Oakland Housing Authority 530-554-7707 cell 5

Minutes of the Regular Meeting of the Winters City Council held on July 16, 2024 _________________________________________________________________________________ Mayor Biasi called the meeting to order at 6:33 PM Present: Council members Richard Casavecchia, Jesse Loren, Carol Scianna, Mayor Pro Tem Albert Vallecillo, Mayor Bill Biasi Alex Mercer led the pledge of allegiance. APPROVAL OF THE AGENDA: Motion by Council Member Scianna, seconded by May Pro tem Vallecillo to approve the agenda as presented. Motion carries by the following vote: AYES: Council members Richard Casavecchia, Jesse Loren, Carol Scianna, Mayor Pro Tem Albert Vallecillo, Mayor Bill Biasi NOES: None ABSENT: None ABSTAIN: None COUNCIL/STAFF COMMENTS: Verbal Updates were provided by Council Members. Mayor Biasi commented there was no reportable action from the closed session held on July 16, 2024, prior to the regular council meeting. PUBLIC COMMENTS: Alex Mercer spoke on the Prop. 218 process and expressed his concerns that past councils had not adequately funded the fire department and rhat fire equipment is not in good working order. Stacey McPherson from the Mastagni Law Firm which provides labor union representation to three City labor unions addressed the Council with her concern of critical labor shortage in the City and the strain it has on the workforce. She also noted the importance of the ongoing classification and compensation study and the need for the Council to find solutions for attracting and retaining quality city staff. CONSENT CALENDAR: Minutes of the Regular Meeting of the Winters City Council on July 2, 2024 Memorandum of Understanding (MOU) for the SR-128/I- 505 Interchange/Russell Blvd Active Transportation Improvements Project between the City of Winters and Yolo County 6

City Manager Craig introduced the Consent Calendar. Councilmember Loren commented on the milestone reached with progress towards the pedestrian/bicycle crossing over I-505 and the years of work it has taken to get to this stage in the project; she hopes to see it completed promptly. She stressed the importance of connecting residents from the other side of I-505 to a safe pathway into the City and essential services. DISCUSSION ITEMS 8(a) Public Hearing Regarding Resolution 2024-51 Adopting the Report Proposing to Have Delinquent Water and Sewer Charges Collected on the Property Tax Roll for Fiscal Year 2024-25 and Directing the City Clerk to File Said Report with the Yolo County Auditor-Controller to Place Said Charges on the Tax Roll Administrative Service Director Cathy Mathews introduced items 8(a) and 8(b) together as they relate to the collection of delinquent accounts related to water and sewer services and solid waste. Ms. Mathews explained the notification process for the accounts listed on each report and that a final review would be made of the list for payment before submitting to the County Auditor-Controller for collection. Mayor Biasi opened up the public hearing for item 8(a) at 7:02 pm. Seeing no speakers, Mayor Biasi closed the public hearing at 7:03 pm. A motion was made by Councilmember Loren and seconded by Councilmember Scianna to direct the City Clerk to file the collection report with the Yolo County Auditor-Controller and place said charges on the tax roll. Motion carries by the following vote: AYES: Council members Richard Casavecchia, Jesse Loren, Carol Scianna, Mayor Pro Tem Albert Vallecillo, Mayor Bill Biasi NOES: None ABSENT: None ABSTAIN: None 8(b) Hold a Public Hearing Regarding Resolution 2024-52 Adopting the Report Proposing to Have Delinquent Solid Waste Charges Collected on the Property Tax Roll for Fiscal Year 2024-25 and Directing the City Clerk to File Said Report with the Yolo County Auditor-Controller to Place Said Charges on the Tax Roll. Mayor Biasi opened the public hearing for item 8(b) at 7:04 p.m. and closed it at 7:05 p.m., seeing no speakers. A motion was made by Vice Mayor Vallecillo and seconded by Councilmember Casavecchia to direct the City Clerk to file the collection report with the Yolo County Auditor-Controller and place said charges on the tax roll. 7

Motion carries by the following vote: AYES: Council members Richard Casavecchia, Jesse Loren, Carol Scianna, Mayor Pro Tem Albert Vallecillo, Mayor Bill Biasi NOES: None ABSENT: None ABSTAIN: None CITY MANAGER REPORT – The City Manager reported he and the mayor had attended an economic development workshop at First Northern Bank’s headquarters in Dixon. The event was created by the Solano EDC and focused on economic development opportunities for small cities. The forum brought together several county, state, and federal resources, each giving an overview of what they offered. The event then left time to network with those resources. The event was very successful and provided many new resources to the City. ADJOURNMENT – The meeting was adjourned in honor of Officer Matthew Bowen from the City of Vacaville, who was killed on duty during a traffic stop. The meeting was adjourned at 7:10 pm. ______________________________________ Jeremy Craig, City Clerk City of Winters 3 8

CITY COUNCIL STAFF REPORT TO: Honorable Mayor and Councilmembers DATE:September 3, 2024 THROUGH: Jeremy Craig, City Manager FROM: John P. Miller, Chief of Police SUBJECT: Adopt Ordinance 2024-08 Amending Section 9.24.020 and Repealing Section 9.24.030 of Title 9 of the Winters Municipal Code Related to Encampments Within the City Limits RECOMMENDATION: Adopt Ordinance 2024-08 amending Section 9.24.020 and repealing Section 9.24.030 of Title 9 of the Winters Municipal Code related to encampments within the City limits. BACKGROUND: The City Council approved a camping ordinance on April 2, 2024. Since then, on June 28, 2024, the Supreme Court of the United States (SCOTUS) held in City of Grants Pass, Oregon v. Gloria Johnson (2024) 144 S.Ct. 2202 (Grants Pass) that the “enforcement of generally applicable laws regulating camping on public property does not constitute ‘cruel and unusual punishment’ prohibited by the Eighth Amendment” and annulling prior court decisions that required shelter beds to be unavailable before camping bans could be enforced. In light of SCOTUS’s decision in Grants Pass, staff is proposing an amendment to the City’s camping ordinance that allows enforcement of the camping ordinance without regard to shelter bed status. DISCUSSION: As the homeless population of California continues to increase, the City of Winters has experienced more homeless encampments, especially on private and public property along the Putah Creek. Unfortunately, the conditions of these encampments often deteriorate, causing environmental harm and negative impacts to the public health, safety and welfare. 9

2 At the February 6, 2024 City Council regular meeting, the City Council held a discussion on the processes and programs for addressing the unhoused in the City, current City responses, and additional resources that may be employed in further addressing these challenges. During the meeting, members of the community addressed the Council with their concerns regarding the impacts of encampments on Putah Creek, Downtown businesses, and the health, safety and welfare of residents. Following comments from the public, the City Council expressed support for a proposed ordinance regulating encampments within the City limits to be brought back for consideration and potential adoption. On April 2, 2024, City Council adopted Ordinance 2024-02 adding Chapter 9.24 to Title 9 of the Winters Municipal Code. As stated during the Council presentation and discussion of the ordinance, the ordinance was drafted with language to comply with then-current case law, specifically Martin v. City of Boise (9th Cir. 2019) 920 F.3d 584, 617 (Boise) and Grants Pass, which was being reviewed by SCOTUS. On June 28, 2024, SCOTUS reversed the Ninth Circuit Court of Appeal’s decision and held that the “enforcement of generally applicable laws regulating camping on public property does not constitute ‘cruel and unusual punishment’ prohibited by the Eighth Amendment.” In doing so, SCOTUS annulled Boise, which had held that as “‘long as there is a greater number of homeless individuals in [a jurisdiction] than the number of available beds [in shelters],’ the jurisdiction cannot prosecute homeless individuals for ‘involuntarily sitting, lying, and sleeping in public.’” and a similar line of cases. In light of SCOTUS’s decision in Grants Pass, staff returned to Council on August 6, 2024, and presented Ordinance 2024-08 for first reading to amend the City’s camping ordinance to allow enforcement of the camping ordinance on all City property and without regard to shelter bed status to streamline the enforcement process. Tonight is the second reading of Ordinance 2024-08 and Council may adopt the ordinance. ENVIRONMENTAL ANALYSIS: This Ordinance is not subject to the California Environmental Quality Act (“CEQA”), pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. FISCAL IMPACT: There are undetermined costs associated with staff time to implement and enforce the ordinance. ATTACHMENT(S): 1. Ordinance 2024-08 10

ORDINANCE NO. 2024-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WINTERS AMENDING SECTION 9.24.020 AND REPEALING SECTION 9.24.030 OF TITLE 9 OF THE CITY OF WINTERS MUNICIPAL CODE RELATED TO ENCAMPMENTS WITHIN THE CITY LIMITS WHEREAS, the City Council of the City of Winters (“City”) finds that the City has a legitimate and compelling interest in protecting the public health, welfare and safety of its residents, as well as preserving the same within the City and other public property; and WHEREAS, on April 2, 2024, the City Council adopted Ordinance 2024-02 to add Chapter 9.24 to Title 9 of the Winters Municipal Code relating to encampments within the City; and WHEREAS, the Supreme Court of the United States (SCOTUS) has since decided City of Grants Pass, Oregon v. Gloria Johnson (2024) 144 S.Ct. 2202 (Grants Pass) and held that the enforcement of applicable laws regulating camping on public property does not constitute cruel and unusual punishment prohibited by the Eighth Amendment; and WHEREAS, SCOTUS, in Grants Pass, also abrogated Martin v. City of Boise (9th Cir. 2019) 920 F.3d 584, 617, which had prohibited enforcement of camping bans when shelter beds are available; and WHEREAS, in light of SCOTUS’s decision in Grants Pass, the City desires to amend its camping ordinance to allow enforcement of the camping ordinance without regard to shelter bed status. THE CITY COUNCIL OF THE CITY OF WINTERS DOES ORDAIN AS FOLLOWS: Section 1. Repeal. The above recitals are adopted as findings of the City Council in enacting this ordinance. Section 2. Amendment. Section 9.24.020 of the Winters Municipal Code is hereby amended in its entirety as follows: 9.24.020. - Prohibition. A. Camping on City Property Prohibited at All Times. It shall be unlawful at all times of the day for any person to camp or to place an encampment on any City property, including, but not limited to: 1. Inside any public building, inside any fully-fenced area attached to a public building, or within twenty-five feet (25') of any entrance or exit to a public building; 11

2. Within fifty feet (50') of any house or other permanent structure used as a residence; 3. Within one hundred feet (100') of the property line of any property used as a school, preschool, playground, daycare, or other licensed childcare facility; 4. City creeks and creek embankments within City limits; 5. Within one hundred feet (100') of critical infrastructure, including water wells, storm drain basins, and bridges; 6. Within a Very High Fire Severity Zone, as established in accordance with California Government Code §§ 51178 and 51179; 7. Within any public park, except as authorized under Chapter 12.12 of this Code; 8. Within any public highway, road, or street; and, 9. Within any public sidewalk, easement, or right of way, where the presence of the person or their property thereon hinders or obstructs the free passage, access, or movement of any persons, bicycles, or vehicles travelling or attempting to pass along the same right of way. B. Camping on Private Property. It shall be unlawful for any person to camp or to place an encampment on any private property without first obtaining the written permission of the owner or other person(s) in lawful possession of the property. Section 3. Amendment. Section 9.24.030 of the Winters Municipal Code is hereby repealed. Section 4. Conflicting Laws. To the extent that there is any conflict between the provisions of this Ordinance and any provision of the Winters Municipal Code, an ordinance, or a resolution or policy, all such conflicting provisions shall be superseded by this Ordinance. Section 5. Severability. If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are severable. This City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the Ordinance be enforced. Section 6. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”), pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 12

Section 7. Effective Date and Publication. The City Clerk shall certify to the adoption of this Ordinance, and the City Clerk shall cause this Ordinance to be posted or published as prescribed by law. This Ordinance shall t