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HomeMy WebLinkAboutItem 13b - Amendment to Anti-Camping Ordinance DATE: August 17, 2021 TO: Honorable Mayor and City Council FROM: Dominic Lazzaretto, City Manager By: Michael Bruckner, Deputy City Manager SUBJECT: REPORT, DISCUSSION, AND DIRECTION REGARDING AMENDMENTS TO THE CITY’S ANTI-CAMPING ORDINANCE Recommendation: Provide Direction SUMMARY At its regular meeting on February 16, 2021, the City Council adopted 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 in response to the Martin v. Boise decision. Ordinance No. 2374 includes criteria further defining lawful and unlawful camping, along with restrictions on time, manner, and place to better protect those that are experiencing homelessness as well as the community at large, including additional enforcement tools. At the August 3, 2021, City Council meeting, Council Member Beck requested that the Ordinance be brought back for further discussion and amendment. His request was supported by Mayor Pro Tem Cheng and Council Member Verlato. Therefore, it is recommended that the City Council provide direction on any desired amendments to the City’s Anti-Camping Ordinance. BACKGROUND Camping on public property can create an unsanitary and unhealthy environment for the persons 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 related to 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, as well as interfering with commercial activities. Report, Discussion, and Direction Regarding Amendments to the City’s Anti-Camping Ordinance August 17, 2021 Page 2 of 4 At its regular meeting on February 16, 2021, the City Council, by a vote of 4-1-0 with Council Member Beck abstaining, adopted 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. DISCUSSION Ordinance No. 2374 updated 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 as well as the community at large. The Ordinance also strengthens and expands enforcement tools citywide for those that may violate the City’s regulations. The Ordinance continues to allow camping by necessity and camping with a permit, such as overnight camping programs at Wilderness Park. Below is a summary of the provisions of the Ordinance:  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.  On July 6, 2021, the City Council adopted Resolution No. 7376 (Attachment “B”) allowing for the posting of signage stating that 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 Report, Discussion, and Direction Regarding Amendments to the City’s Anti-Camping Ordinance August 17, 2021 Page 3 of 4 o Landscaped Areas o Arcadia Par 3 Golf Course o Very High Fire Severity Zones o Areas zoned for business or commercial use Included with the Ordinance, the City developed an Anti-Camping Enforcement Area map (Attachment “C”) to help identify and communicate to the public where camping is permanently prohibited. This map will help ensure there is no confusion regarding where camping is allowed by necessity and where it is fully prohibited. Furthermore, Ordinance No. 2374 provides additional enforcement mechanisms that did not previously exist. Violation of the City’s camping laws may be charged as a misdemeanor and/or be 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, which is consistent with current case law. Overall, the intent of the City’s Anti-Camping 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, safety, and enforcement with the rights and unique needs of individuals experiencing homelessness who are camping by necessity. Without proper safety and enforcement 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. FISCAL IMPACT Depending on the direction provided by the City Council, staff will return with cost estimates of any proposed action. Sufficient funds are available to erect the previously approved signage and any enforcement actions which may follow. ENVIRONMENTAL ANALYSIS The proposed actions do not constitute a project under the California Environmental Quality Act (“CEQA”), based on Section 15061(b)(3) of the CEQA Guidelines, as it can be seen with certainty that they will have no impact on the environment. Thus, these matters are exempt under CEQA. Report, Discussion, and Direction Regarding Amendments to the City’s Anti-Camping Ordinance August 17, 2021 Page 4 of 4 RECOMMENDATION It is recommended that the City Council determine that this project is exempt under the California Environmental Quality Act (“CEQA”); and provide direction on any amendments to the City’s Anti-Camping Ordinance. Attachments: “A” - Ordinance No. 2374 “B” - Resolution No. 7376 “C” - Anti-Camping Enforcement Areas Map ADOPTEDAttachment "A" /s/ Roger Chandler /s/ Gene Glasco /s/ Gene Glasco ADOPTEDAttachment "B" /s/ Sho Tay /s/ Gene Glasco /s/ Gene Glasco !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !(!( !(!(!(!( !(!(!( !( !(!( !( !(!( !(!(!( !( !( !(!( !( !( !(!( !(!( !( !( !( !(!( !(!(!(!( !( !( !( !( !(!( !(!(!( !( !(!( !( !( !( !(!( !( !( !(!( !( !( !(!( !(!( !(!( !(!( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !(S 2nd AveS Baldwin AveW Duarte Rd S Santa Anita AveW Hunt ington 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 Duarte 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 Attachment "C"