City of Gonzales
CITY ATTORNEY
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: October 7, 2024
FROM: Michael Rodriquez, City Attorney
THROUGH: Carmen Gil, City Manager
SUBJECT: Possible New Regulations Concerning Encampments on Public Property
RECOMMENDATION
It is recommended that the City Council provide Staff with guidance on the preparation of desired regulations on encampments on public property in the City.
BACKGROUND
Issues concerning encampments occupied by unhoused persons impact nearly every community throughout the State. Locally, many cities in Monterey County are struggling with the appropriate means to address such issues. Due to the fact that the potential causes and impacts of being unhoused are varied and complicated by the wide range of affected people, including single adult men and women, families, single parents with children, youths, seniors and veterans, there is no easy, single approach to dealing with the encampment problem.
Unfortunately, unhoused encampments are frequently established in public spaces and other places not meant for human habitation, posing a significant threat to the health and safety of their occupants who are already vulnerable to illness, crime, malnutrition, and harmful weather exposure (excessive heat, cold, rain and flooding). Moreover, encampments create risks to the health and safety of the larger community due to problems associated with large accumulations of rubbish, dilapidated vehicles, drug paraphernalia and criminal conduct in public places and in close proximity to public resources and bodies of water. Among other matters, the health and safety risks from unregulated encampments can include disease, bacterial and viral infections, water pollution, risk of drug overdoses and pedestrian danger.
The City of Gonzales has seen a slow but steady increase in the number of local unhoused individuals within and near the City’s boundaries. Although the City has information and limited AGENDA
ITEM
14 resources it can make available to the unhoused concerning support and assistance from County entities, the City has no specific programs, policies or regulations that pertain to encampments. As the number of unhoused individuals increases so does the health and safety risk from such activity when tents or encampments are set up in public places. Additionally, because of the varied approaches to the encampment problem taken by local cities and the county, there is some risk that failing to take any regulatory action will leave the City susceptible to an influx of unhoused individuals from regions in which regulations or prohibitions are being strictly enforced.
On April 1, 2019, the Ninth Circuit Court of Appeals issued its decision in Martin v. Boise, Case No. 15- 35845 (9th Cir 2019), holding that enforcement against individuals camping and storing property in public places violates the 8th Amendment’s prohibition on cruel and unusual punishment when the unhoused have nowhere else to go. The general interpretation of Boise was that cities did not have the authority to clear an encampment unless they had a shelter bed or other space available for every displaced encampment resident.
However, the Supreme Court subsequently took up the issue in Grants Pass v. Johnson, in which a small city in Oregon’s ban on camping and the use of camping equipment in public places throughout its jurisdiction had been struck down by lower courts as essentially making it a crime to be homeless. On June 28, 2024, the Supreme Court issued its final decision in the Grants Pass case, overturning Boise and stating that “the enforcement of generally applicable laws regulating camping on public property does not constitute cruel and unusual punishment prohibited by the 8th Amendment.” The Court rejected arguments that encampment bans target and criminalize the sheltering habits of the homeless since they apply to anyone attempting to use public property for housing purposes (vacationing backpackers, protesters) and said that the types of punishment Grants Pass imposed on homeless residents, limited fines and jail sentences, did not constitute cruel and unusual punishment. The takeaway from this decision was that cities can now enforce encampment ordinances regardless of the availability of shelter beds or sleeping spaces.
In addition, on July 25, 2024, Governor Newsom issued Executive Order N-1-12 which ordered state agencies and departments to adopt policies that urgently address homeless encampments. Agencies subject to the Governor’s authority were directed to remove homeless encampments and adopt specific related policies on topics such as providing notice to vacate property, providing outreach services in coordination with service providers, and removing and storing personal property collected on removal sites. The Order also encouraged local jurisdictions to adopt the State’s guidelines and to use available resources to humanely remove encampments from public spaces.
REVIEW AND ANALYIS
While the City is dedicated to continuing a compassion-led effort to work with individuals to move from street to self-sufficiency, it has become clear that measures are needed to address growing concerns over adverse impacts to the public health and welfare associated with unhoused encampments. At a minimum, proposed amendments to the City Code should protect the life, health, and safety of all people in the City by prohibiting overnight camping near sensitive receptors such as schools, city facilities, areas of commercial business, waterways, parks and environmentally sensitive areas. However, given the City’s limited administrative and enforcement resources, it may be easier to have a single set of regulations prohibiting encampments on public property anywhere in the City. This approach would alleviate the need to make in- field determinations as to whether a given encampment was or was not allowed on specific public property. Certain exceptions could be carved out for the limited camping needs of community organizations such as the Scouts. Keep in mind that the City should also be mindful of the guidance provided by the Governor that local regulations should contain elements concerning notice, removal and storage of personal belongings, and referrals for assistance.
In summary, in response to Federal, State and Council direction and actions, Staff is providing several proposed ordinance options, attached hereto, for potential regulation of encampments in the City. The Council should review and provide direction. Staff will thereafter prepare an ordinance for Council consideration at a future date.
Explain Recommendation and How it Supports the Vision.
Gonzales will continue to be a safe, clean, family-friendly community, diverse in its heritage, and committed to working collaboratively to preserve and retain its small town charm.
Explain: Establishing regulations concerning unhoused encampments will directly impact the City’s ability to ensure that the City’s vision is maintained.
Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment and resources necessary to provide excellent services that enhance the quality of life of our diverse community. X Yes No NA
Explain: See above.
City services will be delivered in a cost-effective, respectful and friendly manner to ensure the safety and well being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner. Yes No _X_NA Explain: See above.
Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety Yes No X NA
• Housing Yes No X NA
• Recreation Yes No X NA
• Environment Yes No X NA
• Education Yes No X NA
Explain: N/A.
ALTERNATIVES
• Provide Staff with guidance on the types of regulations the Council would like to establish to deal with encampments on public property in the City.
• Decide that regulatory action is not warranted or desired at the current time.
BUDGET IMPACT
There is no direct financial impact associated with the modification to the Manager’s Agreement. All purchases will still need to be made within approved budgets.
PUBLIC NOTICE
N/A.
CONCLUSION
It is recommended that City Council consider various options for potential regulations on encampments and provide Staff with direction.