Agenda Item B.2
CPMS CONSENT CALENDAR
Meeting Date: July 18, 2023
TO: Mayor and Councilmembers
FROM: Megan Garibaldi, City Attorney
CONTACT: Winnie Cai, Assistant City Attorney
Jaime Valdez, Neighborhood Services Director
Chuck Flacks, Homelessness Services Coordinator
SUBJECT: Second Reading of An Ordinance Amending Sections 12.01.010 through
12.01.030 of Chapter 12.01 of the Goleta Municipal Code Regarding Camping and Open Fire Regulations Relating to High -Fire Risk Areas and all other Public Property; and Finding the Regulations Categorically Exempt from the California Environmental Quality Act
RECOMMENDATION:
Conduct second reading (by title only, waiving further reading) and adopt Ordinance No. 23-__ entitled, “An Ordinance Amending Sections 12.01.010 through 12.01.030 of Chapter 12.01 of the Goleta Municipal Code Regarding Camping and Open Fire Regulations Relating to High-Fire Risk Areas and all other Public Property; and Finding the Regulations Categorically Exempt from the California Environmental Quality Act.” BACKGROUND:
On June 27, 2023, the City Council introduced and conducted the first reading of the Camping and Open Fire Regulations Ordinance (Attachment 1).
DISCUSSION:
The City Council now has the opportunity to conduct the second reading and adopt the Camping and Open Fire Regulations Ordinance, which would then become effecti ve on the thirty-first day after adoption (August 18, 2023).
FISCAL IMPACTS:
The cost of enforcement of the ordinance will be the legal services needed to criminally prosecute a misdemeanor against an individual who refuses to leave an area that the City has prohibited through this ordinance. The cost of homelessness services, clean up 1 Meeting Date: July 18, 2023
services, and staff and consultant services to help an individual in an encampment are budgeted in the Neighborhood Services and Public Works departments.
ALTERNATIVES:
The City Council could choose to amend the ordinance and reintroduce it, direct staff to return with further information, or take no action. Each of these alternatives would prevent adoption at this time.
Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Robert Nisbet
Assistant City Manager City Attorney City Manager
ATTACHMENTS:
1. Ordinance No. 23 -__ entitled, “An Ordinance Amending Sections 12.01.010 through 12.01.030 of Chapter 12.01 of the Goleta Municipal Code Regarding Camping and Open Fire Regulations Relating to High-Fire Risk Areas and all other Public Property; and Finding the Regulations Categorically Exempt from the California Environmental Quality Act.”
2 Attachment 1
Ordinance No. 23-__ entitled “An Ordinance of the City of Goleta, California, Amending Sections 12-01.010 through 12.01.030 of Chapter 12.01, Title 12, of the Goleta Municipal Code Regarding Camping and Open Fire Regulations Relating to High -Fire Risk Areas; Park, Recreation, and Beach Areas Outside of City -Approved Hours of Operation; and Finding the Regulations Categorically Exempt from the California Environmental Quality Act”
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ORDINANCE NO. 23-_
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GOLETA, CALIFORNIA, AMENDING SECTIONS 12.01.010
THROUGH 12.01.030 OF CHAPTER 12.01, TITLE 12, OF
THE GOLETA MUNICIPAL CODE, REGARDING CAMPING
AND OPEN FIRE REGULA TIONS RELATING TO HI GH-
FIRE RISK AREAS AND ALL OTHER PUBLIC PROPERTY;
AND FINDING THE REGU LATIONS CATEGORICALL Y
EXEMPT FROM THE CALI FORNIA ENVIRONMENTAL
QUALITY ACT
WHEREAS, within the City of Goleta (“City”) and other cities in the surrounding region, and throughout the State of California, there is a significant number of people experiencing homelessness;
WHEREAS, homeless persons sometimes camp, sleep, or lie on public or private property, particularly if they have no other place to sleep; WHEREAS, camping in certain areas within the City can create unsanitary, unhealthy, and dangerous conditions that risk the public health and safety , including but not limited to creating a significant source of vegetation fires in the City and contributing to the contamination of creeks through debris and human waste; and WHEREAS, the Legislature of the State of California has, in Government Code sections 65302, 65560, and 65800, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its residents;
WHEREAS, the City Council of the City of Goleta therefore desires to protect the public health and safety by reducing the risk of vegetation fires within and adjacent to City boundaries, and protecting city creeks from contamination and environmental risk, by updating its regulations relating to camping on certain City property; and WHEREAS, Goleta Municipal Code sections 12.01.010 through 12.01.050 currently regulate camping on public roads, public property and private property , and subject to limited exceptions, GMC 12.01.030 prohibits camping in all of these areas; and WHEREAS, in April of 2019, the United States Court of Appeals, Ninth Circuit, issued a decision in Martin v. City of Boise (9th Cir. 2019) 920 F.3d 584, which held in part that “the Eighth Amendment prohibits the imposition of criminal penalties for sitting, sleeping, or lying outside on public property for homeless individuals who cannot obtain shelter” (Martin, 920 F.3d at 616); and
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WHEREAS, the Martin court explained that “an ordinance prohibiting sitting, lying, or sleeping outside at particular times or in particular locations might well be constitutionally permissible”; and
WHEREAS, it has been and will be the City of Goleta’s practice to follow the Martin decision and other case law that has subsequently developed on this topic; and
WHEREAS, notwithstanding this recent case law, there are camping situations that create a substantial danger or risk of harm that requires immediate removal of the camper and property in order to prevent substantial harm to individuals and the health and/or safety of the public; and
WHEREAS, the City Council desires to amend certain sections of GMC Chapters
12.01, as identified herein, to codify the constitutional principles from Martin and its progeny, and to narrow the City’s camping and open fire regulations thereby clarifying and strengthening the provisions in the Goleta Municipal Code that prohibit camping on public property.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GOLETA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and incorporated herein by this reference.
SECTION 2 .Title 12, Chapter 12.01 of the Goleta Municipal Code, Offenses - Miscellaneous, is hereby amended as follows:
A. Section 12.01.010 is hereby repealed and replaced in its entirety as follows:
12.01.010 Sleeping or Camping in Certain Areas Prohibited—Purpose.
The public roads, parks, recreation areas, open spaces and public property within the City should be readily accessible to residents and the public at large. The use of these areas for camping purposes interferes with the rights of others to use these areas for the purposes for which they were intended and can create public health and safety risks for the residents and detrimental impacts to the environment. The purpose of Sections 12.01.010 through 1 2.01.050 is to maintain public property in a safe, clean, and accessible condition for the benefit of the public at large.
B. Section 12.01.020 is hereby repealed and replaced in its entirety as follows:
12.01.020 Definitions.
Unless the particular provisions or the context otherwise requires, the definitions contained in this section shall govern the 5 65266.00009\41418428.3
construction, meaning and application of words and phrases used in Sections 12.01.010 through 12.01.050.
“Camp” means to set up, pitch, occupy, or leave behind camp facilities or to use camp paraphernalia.
“Camp facilities” include, but are not limited to, tents, shacks, huts or temporary shelters, structures of specialty vehicles (including, but not limited to, house trailers, camp trailers, camp wagons, and any other mobile or stationary campers), each of which are used or could be used for overnight camping. “Camp paraphernalia” includes, but is not limited to, tarpaulins, cots, beds, hammocks or non-City desig nated cooking
facilities, including but not limited to fueled cooking equipment, flammable gas canisters, combustible liquid containers, or similar items.
“City” means the City of Goleta.
“High fire area” means those City -owned parcels that are included in or adjacent to a wildfire hazard area in the City’s current Community Wildfire Protection Plan, which may be amended from time to time by Council resolution.
“Public property” means all property owned or controlled by the City.
“Road” means the same as defined in Vehicle Code Section 527.
“Temporary shelter” means any shelter not authorized by, or approved by, the City.
“Vehicle” means the same as defined in Vehicle Code Section 670.
C. Section 12.01.030 is hereby repealed and replaced in its entirety as follows:
12.01.030 Camping and Open Fires in Certain Areas
Prohibited—Generally—Exceptions.
A. It is unlawful for any person to camp, whether inside or outside of a vehicle in or on any:
1. Public road.
2. City-owned building or parking lots, except that vehicles may be parked in and used for overnight sleeping in parking lots on City owned property if the following conditions are met:
a) The City has entered into a management agreement under 6 65266.00009\41418428.3
which the contracting party agrees to assume
administration and management of a program to oversee
such use of City-owned property; and
b) The management agreement referenced above satisfies
all City concerns regarding liability, due process, evictions, fair housing notice and employee safety, and specifically states the location and number of vehicles permitted at that location; and
c) All vehicle occupants enter into a written agreement with the contracting party in a form approved by the City and comply with all terms and conditions of that agreement.
3. All other public property, including but not limited to, high fire areas;
4. Private property, unless:
a) Located in a Recreational Vehicle Park as defined by Goleta Municipal Code Chapter 17.72 or as allowed for
living purposes not exceeding 14 days in a six -month
period as more particularly described in Goleta Municipal Code section 17.38.080; or
b) Temporary Overnight Camping Permit. The activity of
using or occupying of a vehicle for living or overnight camping, living or sleeping purposes shall be permitted if such activity occurs within a paved parking area of real property owned or leased by a property owner who has
obtained a temporary overnight camping permit pursuant
to the requirements defined in Section 12.01.050.
B. Absent exigent circumstances related to immediate threats to the public health, safety, or welfare, the provisions of this section will not be enforced against indigent homeless persons sitting, lying, or sleeping on City -owned public property, except in High Fire Areas, when no alternative shelter or publicly available campsite is available in accordance with the holding in Martin v. City of Boise (9th Cir. 2019) 920 F.3d 584.
C. Fires. No person shall build, maintain or light an open fire on any public property except within those facilities and/ or areas provided and designated for that purpose by the City or otherwise 7 65266.00009\41418428.3
allowed by the City or other application law. In addition to all available enforcement methods under the Municipal Code, such illegal fire shall be immediately abated. Exceptions to this requirement must be approved by the Public Works Director or designee.
SECTION 3. Effect of Amendment. To the extent any provision of this Ordinance repeals, amends, or supersedes any previous approvals, such repeal or replacement will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance’s effective date.
Any such repealed or superseded part of previous approvals will remain in full f orce and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.
SECTION 4. No Conflict with Federal or State Law. Nothing in this Chapter is intended to create any requirement, power, or duty that is in conflict with any federal or state law.
SECTION 5. CEQA. The City of Goleta has determined that the adoption of the proposed ordinance is exempt from review under the California Environmental Quality Act (“CEQA”) (California Public Resources Code § 21000 et seq.), pursuant to State CEQA Guidelines (14 Cal. Code Regs.) §15061(b)(3), which applies where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment; § 15060(c)(2), which applies where an activity will not result in a direct or reasonably foreseeable indirect physical change in the environment; and §§ 15307 and 15308, which apply to actions taken by regulatory agencies to assure the maintenance, restoration, enhancement of natural resources, or protection of the environment.
SECTION 6. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
SECTION 7. Certification. The City Clerk shall certify to the adoption of this ordinance and, within 15 days after its adoption, shall cause it to be published in accord with California Law.
SECTION 8. Effective Date.
This ordinance shall take effect thirty days after its passage and adoption pursuant to California Government Code section 36937.
INTRODUCED ON the 27th day of June, 2023.
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PASSED, APPROVED AND ADOPTED this 18th day of July, 2023.
_________________________
PAULA PEROTTE
MAYOR
ATTEST: APPROVED AS TO FORM:
______________________ _________________________
DEBORAH S. LOPEZ MEGAN GARIBALDI
CITY CLERK CITY ATTORNEY
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STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA ) ss.
CITY OF GOLETA )
I, DEBORAH S. LOPEZ, City Clerk of the City of Goleta, California, do hereby certify that the foregoing Ordinance No. 23-__ was introduced on XX XX , 202 3, and adopted at a regular meeting of the City Council of the City of Goleta, California, held on the Xth of XXX, 2023, by the following roll-call vote, to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
(SEAL)
___________________________
DEBORAH S. LOPEZ
CITY CLERK
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