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HomeMy WebLinkAboutItem 14a - Unlawful Camping DATE: February 2, 2021 TO: Honorable Mayor and City Council FROM: Dominic Lazzaretto, City Manager By: Michael Bruckner, Deputy City Manager Laena Shakarian, Management Analyst SUBJECT: ORDINANCE NO. 2374 AMENDING CHAPTER 9 OF ARTICLE VII OF THE ARCADIA MUNICIPAL CODE RELATING TO CAMPING AND STORAGE OF PERSONAL PROPERTY ON PUBLIC PROPERTY AND DETERMINING THE ORDINANCE IS CATEGORICALLY EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) Recommendation: Introduce SUMMARY Due to the health and safety concerns caused by the rise in homelessness, enhancing the City’s camping laws is advisable to ensure the safety and well-being of the homeless community. The proposed Ordinance would update the existing regulations to further define where camping by necessity is allowable while still prohibiting voluntary camping everywhere in the City. The proposed Ordinance also strengthens and expands enforcement citywide. Therefore, it is recommended that the City Council introduce Ordinance No. 2374 (Attachment A) amending Chapter 9 of Article VII of the City of Arcadia Municipal Code relating to camping and storage of personal property on public property and find that this action is categorically exempt under the California Environmental Quality Act. BACKGROUND From 2015 through 2020, the number of individuals experiencing homelessness in Arcadia as identified by The Greater Los Angeles Homeless Count has increased significantly, as depicted in the chart below: Ordinance No. 2374 – Camping and Storage of Personal Property on Public Property February 2, 2021 Page 2 of 6 It is likely that increase will continue in the coming years due to the economic impacts of the COVID-19 pandemic and other underlying economic factors in the Los Angeles region. As a result, it is essential for the City to manage this increase to ensure that the overall quality of life in the community remains high. Recognizing the impact of homelessness on individuals and communities countywide, in 2017, Los Angeles County voters approved Measure H to fund services to prevent and combat homelessness. The County Board of Supervisors approved an initial allocation of Measure H funds in June 2017, which included funds for cities to develop local homelessness plans. In October 2017, the City of Arcadia was awarded a $30,000 planning grant to develop a City plan to prevent and combat homelessness, which was adopted on August 8, 2018. The City of Arcadia has been working diligently on advancing the Five-Year Homelessness Plan that entails a number of initiatives and strategies for addressing the core issue of homelessness. The Plan recognizes the need to expand access to temporary shelter facilities and the array of social services required to serve our homeless population. In recent months, the City has initiated several programs to address homelessness in the community, including creation of the Homeless Resources Hub, hiring an additional full-time outreach coordinator, and using grant funds to prevent homelessness in the first place. Some of the tools that have been historically relied upon to help balance the needs of homeless individuals with the rights of others in the community have been curtailed by recent changes in state law, as well as applicable case law. For example, in September 2018, the case of Martin v. City of Boise was decided by the Ninth Circuit Court of Appeals, which held that local governments are prohibited from criminalizing 22 12 14 15 77 106 0 20 40 60 80 100 120 2015 2016 2017 2018 2019 2020# of Individuals Experiencing HomelessnessYear 2015-2020 City of Arcadia Homeless Count Ordinance No. 2374 – Camping and Storage of Personal Property on Public Property February 2, 2021 Page 3 of 6 homelessness, and that cities must allow individuals to sleep on public property when there is no shelter available to them. The Circuit Court held that prosecution under such circumstances amounted to cruel and unusual punishment in violation of the Eighth Amendment to the United States Constitution. Importantly, the Court limited its decision in several ways. The Court made it clear that its ruling would not apply to individuals who can pay for temporary shelter and choose not to, or to individuals who have realistic access to free shelter and choose not to use it. Similarly, the Court noted that a jurisdiction may, in certain circumstances, criminalize the act of sleeping outside, for example, at particular times or in particular locations. In order for the City to regulate camping and sleeping in the City, Arcadia’s existing camping required amendment. On April 16, 2019, the City Council adopted Ordinance No. 2360 amending Chapter 9 of Article VII of the City of Arcadia Municipal Code relating to camping and storage of personal property on public property in response to the Boise Decision. Ordinance No. 2360 prohibits the use of public property for camping purposes; however, the Ordinance includes an exception when an individual is camping by necessity; for example, when every shelter in the local area is at capacity or the individual in question is involuntarily homeless. The Ordinance authorizes the City Manager to establish local guidelines to determine whether an individual is camping by necessity so that City staff can ensure that the Ordinance is enforced consistent with current case law. Under the Boise Decision, the current camping regulations could be clarified to identify allowable places, times, and manners for involuntary camping. Under the current Ordinance, it is not clear where involuntary camping is allowed or prohibited in the community, which leads to confusion by those who are camping as well as City enforcement officials. An updated ordinance to provide greater clarity, while remaining consistent with the City’s Homeless Plan and balancing public health and safety concerns, would be beneficial for all. It is within this context that City staff have been exploring options for better managing the current impacts of homelessness in the City. DISCUSSION Camping on public property can create an unsanitary and unhealthy environment for the persons engaged in the camping, as well as persons coming into contact with the campers. Both campers and the general public can be affected by the unsafe and potentially disorderly environment. This is further exacerbated due to public health and safety concerns under COVID-19. In addition, some camping may interfere with the rights of others to use the areas for their intended purposes and important federal regulations such as providing a clear path of travel on sidewalks under the Americans with Disabilities Act. Furthermore, camping can contribute to blight and cause damage to public property. The proposed Ordinance No. 2374 would update existing camping regulations in an effort to further define criteria surrounding lawful and unlawful camping, including restrictions on time, manner, and place to better protect those that are experiencing homelessness Ordinance No. 2374 – Camping and Storage of Personal Property on Public Property February 2, 2021 Page 4 of 6 as well as the community at large. The proposed Ordinance also strengthens and expands enforcement tools citywide for those that may violate the City’s regulations. Ordinance No. 2374 will continue to allow camping by necessity and camping with a permit, such as overnight camping programs at Wilderness Park. Ordinance No. 2374 would update Chapter 9 of Article VII of the Arcadia Municipal Code to include the following new guidelines:  No person shall erect, configure, or construct any camp facilities in any public area from 7:00 a.m. to 10:00 p.m. (except during rainfall).  A person must take down, fold, and completely remove or put away any camp facilities erected, configured, or constructed on any public property between the hours of 7:00 a.m. and 10:00 p.m. (except during rainfall).  At no time shall any person obstruct access to a street, sidewalk, park playground, public utility, public property, or other public right-of-way open for pedestrian travel or governmental use.  The use of public utilities not designated for public use is prohibited. For example, stairwells at City Hall not normally accessed by the public cannot be used for camping.  Upon resolution adopted by the City Council and the posting of signage, camping is prohibited in numerous areas of the City, including but not limited to the following: o City Benches o Under bridges and within 500 feet thereof o Freeway Onramps and Off-ramps o Park Playgrounds, Picnic Areas, Shelters, Synthetic Turf Areas, and Bleachers o Arcadia Transit Plaza o Arcadia City Hall o Arcadia Public Library o Gilb Museum of Arcadia Heritage and Museum Education Center o Arcadia Community Center o Landscaped Areas o Arcadia Par 3 Golf Course o Very High Fire Severity Zones o Areas zoned for business or commercial use Ordinance No. 2374 – Camping and Storage of Personal Property on Public Property February 2, 2021 Page 5 of 6 As part of this updated Ordinance, City staff has prepared an Anti-Camping Enforcement Area map (Attachment B) to help identify and communicate to the public where camping is prohibited. This map will help ensure there is no confusion regarding where camping is allowed and where it is prohibited. Furthermore, Ordinance No. 2374 will provide additional enforcement mechanisms that do not currently exist within the City’s current camping ordinance. Violation of the City’s camping laws may be charged as a misdemeanor and/or are subject to administrative citation. Illegally constructed camp sites may be removed and stored by the City upon proper noticing that the camp must be removed within 24 hours. Overall, the intent of this updated Ordinance is to establish clear camping prohibitions in order to best serve the health, safety, and general welfare of all Arcadians, including individuals experiencing homelessness. This Ordinance is intended to avoid unsafe and potentially disorderly conditions, unsanitary and unhealthful conditions, and the degradation or destruction of open spaces and facilities within the City. It also seeks to balance public health and safety with the rights and unique needs of individuals experiencing homelessness who are camping by necessity. Without proper safety measures in place, involuntary camping can interfere with the rights of others to use the areas for their intended purposes and is deleterious to the public, health, safety, and welfare. ENVIRONMENTAL ANALYSIS The proposed action does not constitute a project under the California Environmental Quality Act (“CEQA”), and it can be seen with certainty that it will have no impact on the environment. Thus, this matter is exempt under CEQA under Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines. FISCAL IMPACT The introduction of Ordinance 2374 has no fiscal impact to the General Fund; however, there are undetermined costs associated with the staff time and material costs involved in the enforcement of this Ordinance. Currently, staff does track the number of incidences and calls for service related to homeless and camping issues, and they range widely. These costs are absorbed within existing operations and budgets. The purpose of this Ordinance is to create more surety for individuals experience homelessness and the rules and regulations regarding involuntary camping. As result, staff anticipates that less time will be needed addressing current issues because the Ordinance will provide clearer guidelines resulting in fewer staff interactions. Ordinance No. 2374 – Camping and Storage of Personal Property on Public Property February 2, 2021 Page 6 of 6 RECOMMENDATION It is recommended that the City Council determine that this does not constitute a project under CEQA; and introduce Ordinance No. 2374 amending Chapter 9 of Article VII of the City of Arcadia Municipal Code relating to camping and storage of personal property on public property. Attachments: A - Ordinance No. 2374 B - Anti-Camping Enforcement Areas Map !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !(!( !(!(!(!( !(!(!( !( !(!( !( !(!( !(!(!( !( !( !(!( !( !( !(!( !(!( !( !( !( !(!( !(!(!(!( !( !( !( !( !(!( !(!(!( !( !(!( !( !( !( !(!( !( !( !(!( !( !( !(!( !(!( !(!( !(!( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !(S 2nd AveS Baldwin AveW Duarte Rd S Santa Anita AveW H u ntington D r W Foothill Blvd N Santa Anita AveEl Monte AveLas Tunas Dr N 2nd AveE Longden Ave E L i ve Oa k Ave S Mayflower AveE Huntington Dr W Longden Ave E Duart e RdN Baldwin AveW Live Oak Ave Peck RdArcadia City Boundary Sphere of Influence Parcels Anti Camping Enforcement Areas!( Streets Anti CampingEnforcement Areas City of Arcadia, California Ü 00.51Miles Data Sources: City of Arcadia, County of Los Angeles Date Created: January 10, 2021