ACTION:
____________________________
Clerk/Secretary
Department: City Attorney Item No: PH2
Prepared by: Walter Chung, City Attorney Meeting Date: August 13, 2024 Approved by: John Conley, City Manager Agenda Location: Public Hearing SUBJECT: UNAUTHORIZED CAMPING ORDINANCE
RECOMMENDATION:
1. Open, conduct, and close a public hearing to receive public testimony regarding the Unauthorized Camping Ordinance.
2. Introduce and adopt City Council Ordinance No. 2024- , adding Section 9.20.025, Unauthorized Camping on or Near Certain Areas and Structures, to the Vista Municipal Code and Repealing Section
9.20.020(B) from the Vista Municipal Code; or
3. Adopt City Council Resolution No. 2024- , directing the City Manager and City Prosecutor to enforce Vista Municipal Code Section 9.20.020(B).
CORRELATION TO CITY COUNCIL GOALS: Homelessness and housing.
PRIOR ACTION: On April 23, 2024, directed staff to bring back an ordinance prohibiting camping within two (2) blocks of a homeless shelter, two (2) blocks of a school, and 250 yards of a play structure or recreation field if a bed is offered and refused; bring the ordinance back once the Supreme Court has issued its ruling on City of Grants Pass, Oregon V. Johnson (Vote: 4-1, Contreras opposed).
STATEMENT ON THE SUBJECT: Despite the City’s best efforts to help people experiencing homelessness to find shelter and connect them with services that can help them, homeless encampments still exist on public property within the City. Concerned for public safety and wanting all residents of the City to be able to enjoy public amenities, the City Council, on April 23, 2024, directed the City Attorney to draft an ordinance that prohibited camping within two blocks of a homeless shelter, two blocks of a school and within 250 yards of a recreation field or play structure provided that a shelter bed was available and offered.
The Council also directed the City Attorney to wait to bring back the ordinance for Council consideration until the United States Supreme Court decided the case of City of Grants Pass, Oregon v. Johnson so as to ensure any unauthorized camping ordinance considered by the Council would take into account all legal requirements.
The City Attorney has drafted an ordinance consistent with the direction of the City Council on April 23, 2024.
However, two recent events have taken place that could result in the Council wanting to further discuss the prohibitions and requirements of the draft ordinance and provide the City Attorney with further direction.
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
Opened, conducted, and closed a public hearing. Adopted City Council Resolution No. 2024-140.
Vote: 4-0, Contreras abstained.
MEETING DATE: August 13, 2024 PAGE 2
SUBJECT: UNAUTHORIZED CAMPING ORDINANCE
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First, on June 28, 2024, the United States Supreme Court issued its decision in Grants Pass which give cities much greater latitude than many people expected. The central issue in the case was whether Grants Pass’ ordinance that penalizes homeless individuals for sleeping in public spaces constituted “cruel and unusual punishment” under the Eighth Amendment. The Supreme Court, in a 6-3 decision, reversed the lower court’s ruling, and held that enforcing laws regulating camping on public property does not violate the Eighth Amendment of the United States Constitution. The Supreme Court did not require cities to undertake any affirmative action (i.e. offer services, shelter, etc.) before enforcing a no camping restriction.
This decision has broad implications for homelessness policies as it allows cities to enforce anti-camping laws even when there are not enough shelter beds available. This is in stark contrast to the fact that, for the last six years, an earlier Ninth Circuit Court of Appeals decision in Martin v. Boise had prohibited cities from enforcing anti-camping restrictions if there were no available shelter beds.
Second, on July 25, 2024, Governor Newsome issued Executive Order N-1-24 directing state agencies to remove homeless encampments within its jurisdiction and encouraging all local agencies to do the same, a copy is attached as Exhibit 2 to this agenda report. Specifically, in paragraph 3 under the Executive Order section, the Governor states, “Local governments are encouraged to adopt policies consistent with this Order and to use all available resources and infrastructure, including resources provided by the State’s historic investments in housing and intervention programs where appropriate and available, to take action with the urgency this crisis demands to humanely remove encampments from public spaces, prioritizing those encampments that most threaten the life, health, and safety of those in and around them.” The ambiguity in the law regarding whether citing for camping on public property caused a pause in City enforcement of the city’s existing total ban on camping on public property. The City has had a total ban on camping on public property since 1968 (Ord. No. 68-47, adopted December 2, 1968). Specifically, Vista Municipal Code section 9.20.020(B) states, “No person shall camp on any public property, public park, or any public street or highway….” The Supreme Court’s decision in Grants Pass gives back to cities enforcement authority over their anti-camping bans and now allows the City to once again enforce its total ban on all public property.
Re-codification of a total ban on camping on public property would delay any enforcement as ordinances do not take effect until 30 days after final passage. If the Council wishes for the City to enforce a total ban on camping on public property citywide, staff suggest the Council pass a resolution directing the City Manager and the City Prosecutor to begin enforcing again Vista Municipal Code section 9.20.020(B). A draft resolution is attached for the Council’s convenience as Exhibit 3.
If the Council adopts the ordinance it directed the City Attorney to draft during April 23, 2024 meeting, the ordinance will also repeal section 9.20.020(B) as a partial ban on camping on public property is inconsistent with a full ban on camping on public property.
FISCAL IMPACT: The adoption of an ordinance related to unauthorized camping will have no direct fiscal impact. However, the enforcement of any prohibitions in any ordinance related to unauthorized camping will have an unknown fiscal impact.
EXHIBITS:
1.City Council Ordinance No. 2024- , adding Section 9.20.025, Unauthorized Camping on or Near Certain Areas and Structures, to the Vista Municipal Code and Repealing Section 9.20.020(B) from the Vista Municipal Code
2.California Executive Order No. N-1-24
3.City Council Resolution No. 2024- , directing the City Manager and City Prosecutor to enforce Vista Municipal Code Section 9.20.020(B) and to continue to offer services and/or shelter when available. 08/13/2024 PH2 Page 2 of 12
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ORDINANCE 2024-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA, CALIFORNIA ADDING SECTION 9.20.025, UNAUTHORIZED
CAMPING ON OR NEAR CERTAIN AREAS AND STRUCTURES, TO THE VISTA MUNICIPAL CODE AND REPEALING SECTION 9.20.020(B) FROM
THE VISTA MUNICIPAL CODE
The City Council of the City of Vista does ordain as follows:
1. Findings. The City Council hereby finds and declares all of the following:
A. The City of Vista is committed to protecting the life, health, and safety of its residents and all people within the geographical boundaries of the City, including, protecting the rights of individuals who cannot obtain shelter and to treating their personal property with respect and consideration.
B. The Council finds that certain public lands in the City near homeless shelters, schools, recreation fields and play structures used for sheltering purposes poses a danger to the health and safety of people who may stay in encampments on said lands, as well as to the general public. This is because there are significant adverse impacts caused by encampment activity concentrated around shelters provided to individuals and families experiencing homelessness, including predatory behavior and drug dealing which undermines the community's efforts to provide meaningful assistance and long-term solutions for people seeking reasonable support. As for persons sheltering near schools, recreation fields and play structures, encampments near these areas expose children and minors to potentially dangerous situations, including, encountering individuals using and selling drugs, unsafe conditions and unsanitary conditions.
C. The City wishes to protect all its citizens health and safety by maintaining clean, safe, and accessible areas within (1) two blocks of a shelter, (2) two blocks of a school, (3) 250 yards of a recreation field, and (4) 250 yards of a play structure so that all City residents can enjoy these services and/or amenities.
D. To mitigate risks to the health and safety of all its citizens, the City Council desires to adopt reasonable and objective time, place and manner regulations establishing locations where public camping and the maintenance of an encampment is prohibited due to the significant health and safety risk to those engaged in that activity and the general public.
E. In enacting these prohibitions, the City Council will provide procedures to safeguard property. When abating any encampment, the City will provide written notice in advance of the abatement that explains the date and time the encampment will be abated.
Abatement will only take place if accommodation at a shelter is available, offered and not accepted. During an abatement, the City will retrieve and store any personal property that may belong to a person if the property has apparent utility in its current condition and can be safely retrieved and safely stored.
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2. Code Amendment.
Section 9.20.025 is added to the Vista Municipal Code as follows:
Section 9.20.025 Unauthorized Camping on or Near Certain Areas and Structures
A. Definitions. For purposes of this section, the following words, terms, and phrases shall be defined as follows:
“Abate” and “Abatement” means the process of documenting and collecting eligible items for storage, and removing and disposing of, recycling, or reusing of waste at an encampment.
“Camp” shall have the same meaning as provided for in Vista Municipal Code section 9.20.020(A).
“Camp paraphernalia” means personal property used to facilitate occupancy of an area and includes personal property typically associated with camping such as tarps, cots, beds, sleeping bags, hammocks, bedding, camp stoves, cooking equipment, buckets, and similar equipment, mattresses, couches, dressers, or other furniture.
“City Manager,” for purposes of this section, shall mean the appointed City Manager for the City of Vista and all persons designated and authorized by the City Manager to perform the activities required under this section including but not limited to all law enforcement and City personnel. “Encampment” means one or more temporary, makeshift, or hand-built structures not intended for long-term continuous occupancy, including tents, that are used to shelter one or more persons or their belongings and that are not authorized by the property owner. Encampment includes any camp paraphernalia and personal property associated with or located in or around the structures or tents.
“Play structure” means any structure designed for a child’s recreational enjoyment, including, but not limited to swings, slides, jungle gyms, see saws, etc.
“Recreation field” means any public property, whether developed or undeveloped, held out by the City or used by the public for active or passive park and recreational uses, including adjacent buffer lands and natural areas and any adjacent parking lots and perimeter sidewalks. The definition of park includes open space.
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“Shelter” means any facility where individuals or families experiencing homelessness can access beds and other services or an area designated by the City Manager for use by individuals or families experiencing homelessness.
B. At all times, it shall be unlawful for any person to camp or to maintain an encampment in the following locations:
1. Within two (2) blocks of a shelter, as measured from the outer most legal boundary lines of the property upon which the shelter is located.
2. Within two (2) blocks of a school that offers instruction to people under the age of eighteen (18), as measured from the outer most legal boundary lines of the property upon which the school is located.
3. Within two hundred fifty yards (250) yards of any recreation field, as measured from the outer most boundary of the recreation field.
4. Within two hundred fifty yards (250) yards of a play structure, as measured from the outer most boundary of the play structure.
C. Abatement of Encampments
The City Manager is authorized to abate and remove personal property, camp paraphernalia, and all other property, contraband, litter, and waste found at an encampment or at a location where a person(s) is engaged in unlawful camping in compliance with the following conditions and procedures:
1. A written notice of intent to abate an encampment shall be posted at the encampment in order to provide reasonable notice to persons at the encampment of the date and time of any abatement. The notice of intent to abate shall be posted at least 24 hours in advance of any abatement in order to give person(s) at the encampment time to remove personal belongings.
2. The written notice of intent to abate shall include: (a) the date and time the abatement will take place, (b) notification that any belongings at the encampment during the abatement will be removed, (c) if items are stored by the City, the location where stored items can be claimed, and, (d) for any items that are stored by the City, how long the items will be stored by the City.
3. Prior to any actual abatement, accommodations at a shelter must be available, said accommodations must be offered to person(s) located at the encampment. If the offer of accommodation at a shelter is not accepted by the person(s) located at the encampment, the City Manager is authorized to abate the encampment. If the offered accommodation is accepted, the City Manager is authorized to abate the encampment.
4. If a properly noticed abatement is delayed or needs to be rescheduled, the City Manager may continue the abatement to a date and time within forty-eight (48) hours of the date and time on the previously posted notice of intent to abate without reposting a new notice. If abatement is delayed longer than 08/13/2024 PH2 Page 5 of 12
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48 hours, the City Manager shall repost a new notice of intent to abate with a new date and time.
D. Storage of Unclaimed Items
Unclaimed items found during abatement shall be eligible for storage by the City so long as (1) reasonable circumstances indicate that the item belongs to a person, (2) the item has apparent utility in its current condition and circumstances, and (3) the item can be safely retrieved from the encampment.
Items found during an abatement meeting these criteria will be placed into storage, unless the item is (1) hazardous (i.e. contains chemicals, animal or human waste, mold etc.), (2) likely to become hazardous in storage (i.e. perishables, items that may generate mold), (3) impractical for the City to store due to size, weight or other characteristics of the item, and/or (4) contraband or stolen.
After abatement has concluded and when eligible items are collected and will be placed in storage, the City Manager shall post a notice at the location of the abated encampment that includes information on how a person can claim stored items. Information about retrieval of stored items shall also be available on the City’s website. A person may retrieve stored items from the City based on a description with sufficient specificity to demonstrate ownership.
3. Repeal. Section 9.20.020(B) of the Vista Municipal Code is repealed in its entirety.
4. Severability. If any word, sentence, paragraph, or other portion of this ordinance is deemed to be invalid or unenforceable for any reason by a court of competent jurisdiction, the City Council declares its intent that all remaining words, sentences, paragraphs or portions of the ordinance not held to be invalid or unenforceable shall remain in full force and effect, and shall be so construed, as if the original ordinance did not contain the invalid or unenforceable language.
5. Effective Date. This Ordinance shall be in full force and effect on the thirty-first day following the date of its adoption.
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6. Adoption. INTRODUCED and ADOPTED at a meeting of the City Council of the City of Vista held on August 13, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
JOHN FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
APPROVED
Walter C. Chung
20240801144038
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E X E C U T I V E D E P A R T M E N T
STATE OF CALIFORNIA
EXECUTIVE ORDER N-1-24
WHEREAS California is experiencing a homelessness crisis decades in the making, with over 180,000 people estimated to have experienced homelessness on any given night in 2023, including 123,000 people who experienced unsheltered homelessness, living in tents, trailers, and vehicles across the state; and
WHEREAS within the first year of my Administration I fast-tracked the development of shelter through Executive Order N-23-20, which directed departments to assess and facilitate the use of available state land and resources for short-term emergency homeless shelters; and WHEREAS since the beginning of my Administration, the State has made unprecedented investments to address the homelessness crisis head on, investing more than $24 billion across multiple state agencies and departments, including $4.85 billion in flexible funding to local jurisdictions to prevent and reduce homelessness through Homeless Housing, Assistance and Prevention grants, $1 billion in Encampment Resolution Funding to assist local jurisdictions in providing services and supports to people living in encampments, and $3.3 billion to rapidly expand housing for persons experiencing homelessness through Homekey; and
WHEREAS the State has redoubled its commitment to holding local jurisdictions accountable to reduce homelessness, including by strengthening and enforcing requirements that local jurisdictions plan for their fair share of housing and by conditioning state homelessness funding on rigorous reporting and measurable performance metrics; and
WHEREAS it is imperative to act with urgency to address dangerous encampments, which subject unsheltered individuals living in them to extreme weather, fires, predatory and criminal activity, and widespread substance use, harming their health, safety, and well-being, and which also threaten the safety and viability of nearby businesses and neighborhoods and undermine the cleanliness and usability of parks, water supplies, and other public resources; and
WHEREAS while every jurisdiction must do more to address encampments, state and local agencies taking proactive steps to remove encampments have been stymied in those efforts by lawsuits and injunctions, leaving officials without the tools or guidance necessary to address the crisis on their streets; and WHEREAS in September 2023, I called on the United States Supreme Court to grant review in City of Grants Pass v. Johnson to clarify that state and local officials can take reasonable actions to resolve encampments while respecting the humanity of all Californians; and
WHEREAS in June 2024 the Supreme Court overturned Ninth Circuit Court of Appeals precedent that restricted the government’s authority to enforce laws regulating encampments, recognizing that jurisdictions may tailor their enforcement practices to reflect policy-driven approaches to addressing homelessness; and
WHEREAS with the threat of these types of injunctions removed, there is no longer any barrier to local governments utilizing the substantial resources 08/13/2024 PH2 Page 8 of 12
provided by the State, in tandem with federal and local resources, to address encampments with both urgency and humanity, or excuse for not doing so; and WHEREAS guidelines that prioritize offers of shelter and services as a first step to resolving any encampment best respect the dignity of every Californian and provide meaningful paths to ending homelessness; and WHEREAS the California Interagency Council on Homelessness leads California’s efforts to prevent and end homelessness; and WHEREAS the California Department of Transportation maintains a policy directive that prioritizes removal of encampments that pose threats to life, health, and safety, while partnering with local governments and nonprofit providers to facilitate offers of shelter and supportive services in advance of a removal; and
WHEREAS the California Department of Transportation has, since July 2021, removed 11,188 encampments and 248,275 cubic yards of debris from these encampments along the state rights of way.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes of the State of California, do hereby issue the following Order to become effective immediately:
IT IS HEREBY ORDERED THAT:
1)Agencies and departments subject to my authority shall adopt policies, generally consistent with California Department of Transportation’s Maintenance Policy Directive 1001-R1, to address encampments on state property, including through partnerships with other state and local agencies, and shall prioritize efforts to address encampments consistent with such policy. Such policies shall include the following:
a.Whenever feasible, site assessment in advance of removal operations to determine whether an encampment poses an
imminent threat to life, health, safety or infrastructure such that exigent circumstances require immediate removal of the
encampment.
b.Where exigent circumstances exist, as much advance notice to vacate as reasonable under the circumstances.
c.Where no exigent circumstances exist, posting of a notice to vacate at the site at least 48 hours prior to initiating removal. d.Contacting of service providers to request outreach services for persons experiencing homelessness at the encampment.
e.Collection, labeling, and storage for at least 60 days of personal property collected at the removal site that is not a health or safety hazard.
2)All departments and agencies not under my authority are requested to adopt policies consistent with the guidelines in Paragraph 1. 3)Local governments are encouraged to adopt policies consistent with this Order and to use all available resources and infrastructure, 08/13/2024 PH2 Page 9 of 12
including resources provided by the State’s historic investments in housing and intervention programs where appropriate and available, to take action with the urgency this crisis demands to humanely remove encampments from public spaces, prioritizing those encampments that most threaten the life, health, and safety of those in and around them. 4)The California Interagency Council on Homelessness shall develop guidance and provide technical assistance consistent with this Order for local governments to follow in implementing their local homelessness programs.
IT IS FURTHER ORDERED that, as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.
This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.
IN WITNESS WHEREOF I have
hereunto set my hand and caused
the Great Seal of the State of
California to be affixed this 25th day
of July.
_____________________________
GAVIN NEWSOM
Governor of California
ATTEST:
_____________________________
SHIRLEY N. WEBER, Ph.D.
Secretary of State
08/13/2024 PH2 Page 10 of 12
00029213 7
RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, DIRECTING THE CITY MANAGER AND CITY
PROSECUTOR TO ENFORCE VISTA MUNICIPAL CODE SECTION
9.20.020(B) AND TO CONTINUE TO OFFER SERVICES AND/OR
SHELTER WHEN AVAILABLE
The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. The City of Vista has had a total ban on camping on public property in place since 1968 when the City Council adopted Ordinance 68-47.
B. This total ban is codified in Vista Municipal Code section 9.20.020(B) and states, “No person shall camp on any public property, public park, or any public street or highway….” C. The 2018 Ninth Circuit Court of Appeal’s decision in Martin v. Boise held that cities cannot enforce anti-camping ordinances if they do not have enough homeless shelter beds available for their homeless population. This decision caused a significant change in the City’s enforcement of its camping ban.
D. On June 28, 2024, the United States Supreme Court, in City of Grants Pass, Oregon v. Johnson, overturned the Ninth Circuit Court of Appeal’s decision in Martin v. Boise.
The Supreme Court’s decision resolved any ambiguity on whether cities could enforce anti- camping ordinances and allows for the City to once again enforce Vista Municipal Code section
9.20.020(B) without the prior restrictions placed on cities by the Ninth Circuit Court of Appeal.
E. On March 10, 2020, the City Council adopted the Strategic Plan to Address Homelessness to address factors contributing to individuals and families at risk of and experiencing homelessness in the hopes of preventing persons from becoming homeless, reducing the number of persons experiencing homelessness and improving the quality of life of both persons experiencing homelessness or at risk of experiencing homelessness. Through the end of March 2024, the City Council has appropriated $15,973,788.20 in services and resources to support the the goals of the Strategic Plan to Address Homelessness.
2. Action.
A. The City Council directs the City Manager and City Prosecutor to enforce the City’s total ban on camping on public property as codified in Vista Municipal Code section
9.20.020(B).
B. In conjunction with enforcing the City’s ban on camping on public property, the City Council directs the City Manager and the City Prosecutor to continue to offer services, resources and/or shelter to unsheltered persons when the resources are available as it has been since March 2020.
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RESOLUTION NO. 2024-
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 2
00029213 7Resolution to Enforce Total Camping Ban 4863-1231-5094 v.2.docx 4863-1231-5094, v. 2
3.Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on August 13, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
APPROVED
Walter C. Chung
20240807160257
JOHN B. FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
08/13/2024 PH2 Page 12 of 12