CC SR 20210720 06 - Procedures for Unhoused Persons
CITY COUNCIL MEETING DATE: 07/20/2021
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA TITLE:
Consideration and possible action to receive a report on resources available for unhoused
persons.
RECOMMENDED COUNCIL ACTION:
(1) Receive and file a report on resources available for unhoused persons and
reporting/enforcement procedures;
(2) Direct Staff to return with an ordinance amending the Municipal Code to consider
prohibiting overnight camping in all City parks, open space areas, streets and
sidewalks, in addition to existing code prohibiting camping in the Palos Verdes
Nature Preserve, unless expressly permitted by the City; and,
(3) Direct Staff to publish educational materials and available resources on the City’s
website, social media platforms, and other City publications.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: McKenzie Bright, Administrative Analyst
REVIEWED BY: Karina Bañales, Deputy City Manager
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. January 17, 2012 City Council Staff Report Adopting an Ordinance
Prohibiting Overnight Camping (page A-1)
B. City of Torrance Staff Report and Ordinances Amending Municipal Code,
Expanding Anti-Camping Ordinance (page B-1)
C. SBCCOG Staff Training on Homelessness for Peninsula Cities
BACKGROUND:
Over the past several months, the City has received correspondence from the public
expressing concerns with the rising number of unhoused persons in the City and
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requesting the City assist these individuals with appropriate resources. In response, at
the June 15 meeting, Mayor Alegria requested a future agenda item on this topic.
To address homelessness issues, the City of Rancho Palos Verdes works with two lead
agencies, the Los Angeles Homeless Services Authority (LAHSA) and the South Bay
Cities Council of Governments (SBCCOG).
LAHSA is statutorily charged with the provision of resources, including sheltering
unhoused individuals, for the entirety of Los Angeles County, excluding Long Beach,
Glendale, and Pasadena, which coordinate their own continuum of care efforts. LAHSA
coordinates and manages over $400 million annually in federal, state, county, and Los
Angeles City funds for programs providing shelter, housing, and services to unhoused
persons in Los Angeles City and County. Partner agencies such as Harbor Interfaith
Services, funded in large part by LAHSA and in close collaboration with LAHSA, provide
a continuum of programs ranging from outreach, access centers, emergency shelters,
safe havens, transitional and permanent housing, and prevention, along with the
necessary supportive services designed to provide the tools and skills required to attain
a stable housing environment.
The SBCCOG has invested above and beyond LAHSA’s Countywide, federally-funded
approach and has additionally funded the SBCCOG Homeless Outreach program. The
SBCCOG strategy involves coordinated contracts with the nonprofit organization, People
Assisting the Homeless (PATH), to address chronic homelessness with real solutions.
Primary among these solutions are on-the-ground outreach and a coordinated entry
system with a consolidated database of resources. The PATH Street Outreach Team
works to get people into homes and connected with supportive services within the South
Bay region. The coordinated entry system has consolidated resources available, from
emergency food and medical aid to short-term sheltering to long-term housing and the
financial, job-related, mental health, and substance abuse assistance necessary.
City Staff members participate in the SBCCOG Homeless Services Task Force , which
meets bimonthly. The SBCCOG has also utilized the County’s Innovation Funds to
develop a training module for City staff members, providing background on homeless
issues and solutions. The slides prepared for the Peninsula cities are attached to this
report (see Attachment C).
LAHSA conducts an annual point-in-time count of homeless individuals in the County.
During the point-in-time count, LAHSA staff and volunteers go out into communities and
count the number of unhoused individuals they see. This factor is multiplied based on a
formula to account for individuals that may have been hidden or missed. For example, in
2020, the City of Rancho Palos Verdes’ count was 0 homeless individuals, in 2019, it was
1.7; in 2018 it was 3.8. The 2021 count was cancelled due to the COVID-19 pandemic.
Therefore, the City's actual number of homeless individuals may fluctuate, and the point-
in-time count may not capture all individuals in the City. Additionally, the deputies at the
Lomita Station maintain an informal count of homeless individuals based on field
observations and reports to the station.
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DISCUSSION:
Resources Available and Reporting/Enforcement Procedures
The main resource for homeless individuals is the County of Los Angeles and LAHSA’s
Homeless Outreach Portal (LA-HOP). LA-HOP is an online tool designed to assist people
experiencing homelessness in L.A. County with outreach services. If the City or the
Sheriff’s Department is notified of a homeless person, or if a resident observes a person
in need, they fill out a form at la-hop.org and LAHSA, County departments, and other
providers will use the information to dispatch a homeless services outreach team.
The City of Rancho Palos Verdes is part of the County’s Public Health Service Planning
Area 8 (SPA 8), so the Coordinated Entry System (CES) lead services are provided by
Harbor Interfaith Services, Inc. When an LA-HOP form is filled out in the City, an outreach
team from Harbor Interfaith will work to connect with the individual. Once the team makes
contact with the individual, they will work to form a relationship and start referring them to
housing and supportive services that best fit their needs. CES leads work to match a real-
time list of clients to housing and supportive services. Regardless of whether the
individual accepts the referrals, outreach teams will continue to check in with the
individual to help find a solution for their needs.
Residents and unhoused individuals do not need to know their SPA to contact their
specific CES lead – they need to fill out an LA-HOP request or have one filled out on their
behalf. The LA-HOP program will automatically send the request to the appropriate CES
lead.
To fill out a request, LA-HOP requests the description of the location, date last seen,
number of people, name of the person requiring outreach (if known), physical description
of the person, and description of the person’s needs. Additional information helps the
outreach team connect with the individual.
Homeless individuals can also be reported to the Sheriff’s Department (LASD) at 310-
539-1661, and Sheriff’s deputies will attempt to make contact with the person. Based on
that interaction, they will fill out the LA-HOP form.
LASD provides the following guidelines for department personnel interacting with
unhoused persons:1
“When contacting homeless individuals, Department personnel should take
into consideration the possibility of mental illness and/or distress to maintain
safety and compassion. Personnel should attempt to assist individuals
experiencing homelessness through the referral process in lieu of arrest for
non-violent, low level offenses when possible. The referral process includes
contacting homeless outreach experts and service providers to obtain
1 See LASD Manual of Policy and Procedures 5-09/065.00 – Contact with Homeless Individuals.
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temporary housing, medical, mental health, or other applicable serv ices.
Department personnel shall also respect an individual’s right to refuse
assistance. […]
Community Partnerships Bureau’s Homeless Outreach Services Team
(HOST), is available to conduct homeless encampment checks when a
homeless encampment or convergence exceeds the capabilities of station
personnel.”
Lomita Sheriff’s Station deputies who observe or are dispatched to an unhoused
individual will speak with them and attempt to connect the individual to services, as well
as make a referral through LA-HOP. The Station Captain and Community Resources
(CORE) Team deputies, as well as any deputy on patrol, are working to address the issue
in this manner. As necessary, the Homeless Outreach Service Team (HOST) and mental
health teams have been called in to assist when needed.
If a deputy observes an action that is criminal in nature, such as urinating in public, lewd
activities, or trespassing, appropriate enforcement action is taken.
Section 12.16.140 of the Rancho Palos Verdes Municipal Code (RPVMC) prohibits
overnight camping in the Preserve (see Attachment A). Park Rangers who observe or are
notified of encampments generally seek to educate individuals on the City’s ordinance ,
and the individuals usually comply. Infractions may result in a fine that range between
$100 and $500 depending on the number of offenses.
In 2019, the Ninth Circuit Court of Appeals upheld the ruling in Martin v. City of Boise,
essentially stating that homeless individuals cannot be punished for sleeping on the
streets when there is no other shelter option because it violates the Eighth Amendment
protection against cruel and unusual punishment. The Boise ordinance that instigated the
court case prohibited using “any of the streets, sidewalks, parks or public places as a
camping place at any time.” Following a settlement, Boise agreed not to ticket or arrest
people experiencing homelessness for sleeping outdoors when no shelter beds are
available. Boise amended two ordinances related to outdoor camping to align them with
the new policy not to issue tickets if shelters are full or if individuals are unable to access
shelter based on “disability, sexual orientation or religious practices.”
If the unhoused person is not a danger to themsel f or others, the focus will remain on
attempting to connect them with resources. Citywide bans on camping without available
beds would infringe on the Martin ruling and would be unenforceable.
The current practice of the Sheriff’s Department of referring unhoused persons through
LA-HOP works to ensure that the unhoused person is connected to available resources
but doesn’t always result in the person being housed if they refuse assistance.
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Camping Ordinances in Other Cities
Neighboring cities in the South Bay and throughout L.A. County have a variety of
ordinances banning camping in certain locations. The other Peninsula cities – Palos
Verdes Estates, Rolling Hills, and Rolling Hills Estates – and the City of Lomita do not
have any ordinances banning camping in any public places.
Broadly, cities with a camping prohibition either prohibit camping in parks/beaches or
throughout the city – in parks, public parking lots/facilities, and in public rights-of-way.
Wholesale bans of camping on all public land without any available shelter beds is subject
to the non-enforcement Martin stipulation.
The table below illustrates the current policies from select other cities regarding
ordinances pertaining to overnight camping:
Sample of Cities with Ordinances Prohibiting Overnight Camping in Public Areas:
Parks/
Preserves/
Beaches
Public
Place
Sidewalks
or Streets None
Avalon* X X X
Beverly Hills X X X
Calabasas* X
Carson* X X X
Culver City X
Hermosa Beach X
Lomita* X
Los Angeles (City) X X X
Los Angeles (County)* X
Long Beach X X X
Malibu* X X
Manhattan Beach X X X
Palos Verdes Estates X
Paramount* X
Pasadena X
Rancho Palos Verdes* X
Redondo Beach X X X
Rolling Hills Estates* X
Rolling Hills* X
Santa Clarita* X X
Torrance X X X
West Hollywood* X
*City contracts with the Los Angeles County Sheriff’s Department
Code Amendment
Pursuant to Section 12.16.140 of the RPVMC, the City currently only prohibits camping
in the Preserve:
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1216.140 - Overnight camping within the Palos Verdes Nature Preserve
prohibited.
No person shall camp within the Palos Verdes Nature Preserve. For the
purposes of this section, "camp" shall mean to remain on site overnight,
whether entirely out of doors or utilizing an enclosed or semi -enclosed
temporary accommodation, including but not limited to, a tent, tarp, canopy,
trailer, recreational vehicle, passenger car or truck.
The City Council may consider directing Staff to return with an ordinance amending the
Municipal Code to prohibit overnight camping in all City parks and open space areas, in
addition to existing code prohibiting camping in the Palos Verdes Nature Preserve, unless
expressly permitted by the City. Sample language is provided below and would be further
vetted if directed to proceed with a code amendment:
No person shall camp within any park, public open space area or the Palos
Verdes Nature Preserve. No person shall store unattended personal
property, including camp paraphernalia, within any park, public open space
area or the Palos Verdes Nature Preserve. For the purposes of this section,
“camp” shall mean to remain on site overnight, whether entirely out of doors
or utilizing an enclosed or semi-enclosed temporary accommodation,
including but not limited to, a tent, tarp, canopy, trailer, recreational vehicle,
passenger car or truck.
The City Manager may issue a permit to camp overnight at a designated
location in a park, public place, or open space area if the City Manager finds:
• The group was organized in good faith and not for the purpose of
obtaining a permit under this section, and the members of such group
will include and be supervised by at least one (1) responsible adult
during such camping, and such overnight camping will not interfere
with or in any way be detrimental to the park or public place or
interfere with the uses thereof; and
• That the group has agreed to the conditions contained in the permit.
Upon the granting of such permit, the members of such group may camp at
the time, location, and under the conditions specified in the permit.
The City Council may also wish to consider an ordinance prohibiting camping in public
places, including sidewalks, with the understanding that such an ordinance would be
unenforceable if there were not any available shelter b eds, under the Martin ruling.
Sample language is provided below and would be further vetted if directed to proceed
with a code amendment:
It shall be unlawful for any person to use any of the streets, highways,
sidewalks, parks or public places, including but not limited to parkways,
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beaches, bus stop sites, the civic center, and the Palos Verdes Nature
Preserve as a camping place at any tim e. For the purposes of this section,
“camp” shall mean to remain on site overnight, whether entirely out of doors
or utilizing an enclosed or semi-enclosed temporary accommodation,
including but not limited to, a tent, tarp, canopy, trailer, recreational vehicle,
passenger car or truck.
This camping section shall not be enforced when the individual is on public
property and there is no available temporary shelter. For the purposes of
this section, “available temporary shelter” is a public or private shelter, with
an available temporary space for an individual experiencing homelessness,
at no charge and shall not include the following:
• Shelter space where an individual cannot stay because the individual
has exceeded a shelter’s maximum stay rule or because shelter is
unavailable due to the individual’s sex or sexual orientation.
• Shelter space that cannot reasonably accommodate the individual’s
mental or physical needs or disabilities.
• Shelter space that does not permit a minor child to be housed in the
same facility with at least one parent or legal guardian.
• Shelter space for which an individual is required to attend or
participate in religious activities or programs as a condition of utilizing
the shelter space.
Prior to issuing any citation, law enforcement officers shall confirm that a
shelter has available space that can be utilized by that particular individual.
No citation shall be issued to a homeless person sleeping, lying, sitting, or
camping outdoors unless the officer first confirms the shelter ha s available
space that can be utilized by the individual.
With Council direction, Staff can return at a future meeting date with a formal code
amendment that includes language approved by the City Attorney’s Office and with
any necessary direction from the Sheriff’s Department.
Public Education
Information on resources available to unhoused individuals including LA-HOP will be
posted on the City’s Website, as well as through the City Manager’s Weekly
Administrative Report, the City’s social media networks, and through listserv messaging.
This will include information on how to submit an LA -HOP request, as well as provide
links to specific County resources.
Residents can refer any unhoused individual through LA-HOP at la-hop.org, which is the
best way to ensure that the individual is connected to the CES, and the County’s
resources.
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For individuals who would like more information on the County’s services, they can call
2-1-1, or visit 211la.org. 211 is provided as a guide to services, resources, and information
about shelters and housing, food programs, mental health programs, healthcare, and re-
entry programs, among others. Families with minor children can access CES
homelessness services through 211.
Additional resources for individuals and households experiencing homelessness or at -
risk of becoming homeless are available at lahsa.org/get-help, including specific
resources for domestic violence, slavery or trafficking, general health services, safe
parking locations, safe housing, veteran services, and other services.
Encampments in the Palos Verdes Nature Preserve may be reported to the Ranger
Hotline at 310-491-5775.
Residents may report individuals of concern to the Sheriff’s Department at 310-539-1661
and are strongly encouraged to report any fires that may be set by an unhoused person
or to report an individual that is a danger to themself or to others to the Sheriff’s
Department immediately.
ADDITIONAL INFORMATION:
Lomita Sheriff’s Station
At the City Manager’s request, Sheriff’s deputies have been conducting an independent
count of unhoused individuals during their patrols. As the City and Sheriff’s Department
are made aware of unhoused persons, LA -HOP requests are submitted. This
independent count will enable the City and the Sheriff’s Department to identify locations
where unhoused persons are at, to monitor changes to the unhoused population within
the City, to ensure safety checks are conducted, and to continue to provide resources to
assist unhoused individuals find appropriate shelter.
Homelessness Solutions in Other Cities
To address and manage the increasing population of unhoused persons, some cities are
exploring shelter options such as pallet shelters and safe park locations, in addition to
more traditional temporary shelters. The City of Redondo Beach, for example,
implemented a pallet shelter program, constructing 15 temporary units at a public works
yard. Additionally, their city staff provides social services, helping the individuals transition
into stable employment and housing. During a three-month trial period, the City of
Redondo Beach transitioned 25 people off the streets and found permanent housing for
10 of those individuals.
The City of Torrance approved a pallet shelter location on the Torrance Civic Cent er
grounds for 40 units. If funded, the program will include case management, which
provides support services to help move unhoused persons toward permanent housing.
Torrance also recently amended its ordinances regarding camping to align more closely
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with the Martin ruling, and to reflect the new temporary shelter option. The City of
Torrance has three existing shelters, but none of them qualified under Martin as being
“available” because all three facilities had restrictions on who they accept or require a
referral through L.A. County’s Department of Health Services. The pallet shelter increases
available beds by 40, and therefore the city is using that potential availability, and its
creation of a Plan to Prevent and Combat Homelessness, to implement more widespread
prohibitions on camping, to be enforced once the shelter is constructed (see Attachment
B).
In the example of Torrance, if the city constructs the pallet shelter, it will have 40 beds
available. The Torrance Police Department would be required to check in on the capacity
level before enforcing the non-camping ordinance.
LAHSA administers a Safe Parking program in various locations throughout the county.
In SPA 8, the Watts Labor Community Action Committee in Torrance and Volunteers of
America Los Angeles in San Pedro host Safe Parking sites. The Safe Parking Program
provides vehicle dwellers with a safe and legal place to park and sleep at night. The
program provides onsite security and restrooms, access to have a CES assessment
completed, referrals and linkages to community resources, access to case management
and financial assistance, and additional site amenities as available.
The City of Rancho Palos Verdes does not have any transitional shelter options within
City limits. The County’s CES, through LA-HOP, is structured for this, so that individual
cities do not necessarily need to provide their own shelter options. The City relies on
County resources and services for unhoused individuals in the City. The Martin case does
not specify that beds must be available within a jurisdiction in order to enforce ordinances,
so cities generally assume that so long as a nearby bed is available, ordinances are
enforceable. However, having beds in different jurisdictions may make it more difficult to
know how many beds are actually available at any given time.
CONCLUSION:
The City’s main goal is to help connect unhoused persons with available resources,
including shelter and supportive services. Lomita Station and the City primarily do this
through LA-HOP requests, and County outreach teams are dispatched to the unhoused
individual in order to assess how to connect them with needed resources.
Furthermore, through collaboration with LAHSA and the SBCCOG, the City is focused on
providing referrals to resources for unhoused persons within the City. Links to these
resources will be added to the City website, including LA-HOP, 211 LA, and LAHSA, and
will be shared using the City’s networks, including the City Manager’s Weekly
Administrative Report and social media.
To prohibit camping in public areas including the public right-of-way within the City, the
City Council may consider directing Staff to return with an ordinance prohibiting camping
in specified locations, such as expanding the existing prohibition of camping in the
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Preserve to include City parks and open space, and/or expanding the prohibition to
additionally include sidewalks and other public places, with the understanding that access
to shelters would be needed in order for any ordinance to be enforceable via Martin v.
Boise.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available for
the City Council’s consideration:
1. Direct Staff to explore the feasibility of developing temporary shelter locations to
help provide resources, as well as ensure the City’s ordinance(s) pertaining to
camping are enforceable.
2. Consider developing a Homeless Outreach Team to act as the City’s liaison
between unhoused persons and CES services.
3. Take other action, as deemed appropriate.
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CITYOF RANCHO PALOS VERDES
MEMORANDUM
TO:
FROM:
HONORABLE MAYOR & CITY COUNCIL MEMBERS
CAROLYNN PETRU, AICP, DEPUTY CITY MANAGE�
AND INTERIM DIRECTOR OF RECREATION & PARKS
JANUARY 17, 2012 DATE:·
SUBJECT: ORDINANCE PROHIBITING OVERNIGHT CAMPING IN
THE PALOS VERDES NATURE PRESERVE AND THE
ABANDONMENT OF ANIMALS ON CITY PROPERTY
REVIEWED: CAROLYN LEHR, CITY MANAGER Q.Q__
Project Manager: Kit Fox, AICP, Senior Administrative Analys�
RECOMMENDATION
Adopt Ordinance No. 530, an ordinance of the City of Rancho Palos Verdes prohibiting
overnight camping in the Palos Verdes Nature Preserve and the abandonment of animals
on City property, and amending the Rancho Palos Verdes Municipal Code.
DISCUSSION
On December 20, 2011, the City Council introduced Ordinance No. 530 to amend Chapter
12.16 (Streets, Parks and Recreational Facilities) of the Rancho Palos Verdes Municipal
Code (RPVMC) to prohibit overnight camping in the Palos Verdes Nature Preserve and the
abandonment of animals on City property. Staff now presents Ordinance No. 530 for its
second reading and adoption.
CONCLUSION
In conclusion, Staff recommends that the City Council adopt Ordinance No. 530, an
ordinance of the City of Rancho Palos Verdes prohibiting overnight camping in the Palos
Verdes Nature Preserve and the abandonment of animals on City property, and amending
the Rancho Palos Verdes Municipal Code.
Attachments:
•Draft Ordinance No. 530
M:\Municipal Facilities\Overnight Camping & Animal Dumping\20120117 _MiscRevRPVMC1216_StaffRpt.doc
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ORDINANCE NO. 530
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
PROHIBITING OVERNIGHT CAMPING WITHIN THE PALOS VERDES
NATURE PRESERVE AND THE ABANDONMENT OF ANIMALS ON
CITY PROPERTY, AND AMENDING THE RANCHO PALOS VERDES
MUNICIPAL CODE
WHEREAS, the City of Rancho Palos Verdes owns roughly 1,400 acres of open
space known as the Palos Verdes Nature Preserve (the "Preserve"), which fulfills a
variety of purposes that are important to the surrounding community, including (but not
limited to) protection of sensitive natural habitat; providing opportunities for passive
re.creational use; preservation of natural watershed areas and drainage courses; and
maintenance of open space buffers between and within developed areas; and,
WHEREAS, overnight camping within the Preserve is inconsistent with the
foregoing purposes of the Preserve for a number of reasons, including (but not limited
to) lack of adequate and appropriate sanitary facilities and shelters; adverse impacts
upon sensitive plant and animal communities; increased risk of wildfire due to human
activity; and limited emergency access to the Preserve; and,
WHEREAS, the City of Rancho Palos Verdes has experienced, and continues to
experience, problems in several of its parks with the control of colonies of feral domestic
animals and the abandonment of unwanted animals; and,
WHEREAS, it is in the best interest of the safety, health and general welfare of
both animals and the public, that the abandonment of unwanted animals on City
property is prohibited.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY ORDAIN AS FOLLOWS:
Section 1: Chapter 16 of Title 12 of the Rancho Palos Verdes Municipal Code
is hereby amended by adding new Section 12.16.140 thereto to read as follows:
12.16. 140 Overnight Camping within the Palos Verdes Nature Preserve Prohibited.
No person shall camp within the Palos Verdes Nature Preserve. For the purposes of
this section, "camp" shall mean to remain on site overnight, outside of the hours of
operation specified in Section 12. 16. 030, whether entirely out of doors or utilizing an
enclosed or semi-enclosed temporary accommodation, including but not limited to, a
tent, tarp, canopy, trailer, recreational vehicle, passenger car or truck.
Section 2: Chapter 16 of Title 12 of the Rancho Palos Verdes Municipal Code
is hereby amended by adding new Section 12.16.150 thereto to read as follows:
A-2
12.16. 150 Abandonment of Animals Prohibited.
No person shall willfully abandon any animal on any City-owned property. For the
purposes of this section, "willfully abandon" shall not include the release or rehabilitation
and release of native California wildlife by persons or agencies so authorized pursuant
to State law or regulations of the California Department of Fish and Game.
Section 3: The City Clerk shall certify to the adoption of this Ordinance, and
shall cause the same to be posted in the manner prescribed by law.
PASSED, APPROVED AND ADOPTED THIS 17TH DAY OF JANUARY 2012.
ATTEST:
CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF RANCHO PALOS VERDES
)
)
)
ss
MAYOR
I, CARLA MORREALE, City Clerk of the City of Rancho Palos Verdes, do hereby
certify that the whole number of members of the City Council of said City is five; that the
foregoing Ordinance No. 530 passed first reading on December 20, 2011, was duly and
regularly adopted by the City Council of said City at a regular meeting thereof held on
January 17, 2012, and that the same was passed and adopted by the following roll call
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY CLERK
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Ordinance No. 530
Page 2 of 2
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9B
Honorable Mayor and Members
of the City Council
City Hall
Torrance, California
Members of the Council:
Council Meeting of
June 22, 2021
SUBJECT: City Attorney -Adopt ORDINANCE Amending, Repealing, and Adding
Sections to Division 4 of the Torrance Municipal Code Related to Anti-
Camping
Expenditure: None.
RECOMMENDATION
Recommendation of the City Attorney that City Council adopt an ordinance amending
Division 4 by repealing Section 44.3.16 of the Torrance Municipal Code prohibiting
overnight camping on beaches, amending Section 45.1.4 standing or sitting on streets,
sidewalks, etc. as to obstruct free passage, amending Section 45.6.6 prohibiting the use
of tents for living or sleeping, and adding Section 14.1.8 closing civic center grounds 12:00
am to 6:00 am.
BACKGROUND AND ANALYSIS
On October 29, 2019, City Council held a joint meeting with the Social Services
Commission. During the joint meeting, I provided an update on the Martin v. City of Boise
case update. A summary of the City Attorney's report is provided below. The full report
from the City Attorney can be viewed at
http://torrance.granicus.comNiewPublisher.php?view id=8, under the October 29, 2019
City Council Meeting tab, Administrative Matters -Item 9A.
On April 1, 2019, the United States Court of Appeals for the Ninth Circuit
filed its order and amended opinion in the Martin v. City of Boise case (Case
No. 920 F.3d 584). The Ninth Circuit ruled that enforcing local laws that
prohibit camping and sleeping in public "when no sleeping space is
practically available in any shelter" violates the Eighth Amendment
protection against cruel and unusual punishment. The Boise ordinance
prohibited using "any of the streets, sidewalks, parks or public places as a
camping place at any time." Camping was broadly defined to mean "the use
of public property as a temporary or permanent place of dwelling, lodging,
or residence, or as a living accommodation at anytime between sunset and
sunrise, or as a sojourn." The ordinance further described indicia of camping
to include:
00320166.docx
1 B-1
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"storage of personal belongings, using tents or other temporary structures
for sleeping or storage of personal belongings, carrying on cooking activities
or making any fire in an unauthorized area, or any of these activities in
combination with one another or in combination with one another or in
combination with either sleeping or making preparations to sleep (including
the laying down of bedding for the purpose of sleeping)."
On September 24, 2019, there was an amicus (friend of the court) brief filed
asking the United States Supreme Court to review Martin v. City of Boise.
The City of Torrance joined a coalition of 33 California counties and cities
on the amicus brief. There are many issues with the Ninth Circuit's decision,
but the most important issue is that the standard adopted by the Ninth
Circuit is too vague. The amicus brief raises many questions about this
standard. What is meant by practically available? The only example given
by the Ninth Circuit was that a shelter requires attendance at religious
programming that is antithetical to their religious beliefs is not practically
available.
The City of Torrance has several ordinances that deal with issues relating
to homelessness. But, most of these ordinances are not enforceable due to
the Martin v. City of Boise case. According to the 2019 Greater Los Angeles
Homeless Count by the Los Angeles Homeless Services Authority, the City
of Torrance has 226 homeless. The City of Torrance does not have 226
shelter beds available. The City and its Police Department cannot enforce
laws that do not comply with the ruling in Martin v. City of Boise. Enforcing
these laws after Martin v. City of Boise could subject the City and the police
officers to lawsuits. Additionally, the police officers would not be able to
raise qualified immunity as a defense to a lawsuit. Qualified immunity
protects government officials from lawsuits that allege a violation of rights
for discretionary actions performed by the government official in their official
capacity except where the governmental official violated a clearly
established constitutional or statutory right. A municipality can still be liable
for damages even if a government official is protected by qualified immunity.
Unless and until the Martin v. City of Boise case is overturned by the United
States Supreme Court, the City of Torrance is bound by that case. Any
revisions to existing ordinances or any new ordinances must comply with
that case, which would require the City of Torrance to obtain at least 226
shelter beds.
At the City Council meeting of March 16, 2021, staff provided the Council with an update
on the City's efforts in addressing homelessness in Torrance. The staff report included
an update by the City Attorney's Office to the Martin v. City of Boise case, included below.
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The City of Boise moved to appeal the case to the U.S. Supreme Court in
late 2019. The Supreme Court declined to hear the case and remanded it
back to the U.S. Circuit Court of Appeals. Thus, the Ninth Circuit's holding
in this case stands: "[S]o long as there is a greater number of homeless
individuals in a jurisdiction than the number of available beds in shelters,
the jurisdiction cannot prosecute homeless individuals for involuntarily
sitting, lying, and sleeping in public."
On February 8, 2021, the City of Boise announced it reached an agreement
in the Martin v. City of Boise case (Attachment A) over the City's ordinance
that previously issued tickets to anyone sleeping on the streets. The
settlement required that the City not to ticket or arrest people experiencing
homelessness for sleeping outdoors when no shelter beds are available.
Additionally, to comply with the settlement, the City of Boise will amend two
ordinances related to outdoor camping to align them with the City's current
policy to not issue tickets if shelters are full or if individuals are unable to
access shelter based on "disability, sexual orientation or religious
practices." The Boise Police Department will adopt and implement
additional guidance and training for officers to further ensure no person
experiencing homelessness is issued a citation when no shelter is available
to them.
Finally, with this settlement, the City of Boise announced the investment of
$1,335,000 in preventing homelessness in 2021, with at least one-third of
the funding being dedicated to rehabilitating or creating additional overnight
shelter space.
Due to the settlement between the parties in the matter, that portion of the
Ninth Circuit's opinion that was reversed and remanded back to the District
Court for further proceedings, is now moot and will not be adjudicated.
Since the City of Boise settled the case on remand, there will be no final judgment in the
case. Therefore, many of the questions regarding the Ninth Circuit's opinion remain
unanswered. Based upon the settlement, it appears that enforcement of no camping
ordinances may only occur when there are available shelter beds as defined by the
Martin v. City of Boise case.
During City Council's discussion on March 16, 2021, the Council provided staff with
direction to return to City Council with a homelessness plan that includes a proposal for
temporary shelter, and an update to the City's anti-camping ordinance. The item before
your Honorable Body tonight updates the Torrance Municipal Code to reflect compliance
with the holding in Martin v. City of Boise.
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Repeal Section 44.3.16 Overnight Camping
Section 44.3.16 of the Torrance Municipal Code is recommended to be repealed in its
entirety. Section 44.3.16 currently reads, "A person shall not camp on or use for overnight
sleeping purposes the beach or bring a house trailer or similar vehicle onto the beach."
This Section is recommended to be repealed, as the proposed amended language in
Section 45.6.6 prohibits camping on beaches.
Amend Section 45.1.4 Standing or Sitting on Streets, Sidewalks, Etc. So As To
Obstruct Free Passage
Section 45.1.4 of the Torrance Municipal Code currently reads, "It shall be unlawful for
any person to stand or sit in or upon any public street, alley, sidewalk or crosswalk so as
to, in any manner, hinder or obstruct the free passage therein, or thereon, of persons
passing along such street, alley, sidewalk or crosswalk, without a permit first granted by
the City Council, or so as in any manner to annoy or molest persons passing along the
same."
This Section is recommended to be amended to reflect the allowance of permitted
vending operations, pursuant to Chapter 14 Sidewalk Vendors, Division 4 Public Health
and Welfare of this Code. The language is also updated to reflect the prohibition of
obstructing free passage on a sidewalk in front of a dwelling or business that abuts a City
sidewalk.
Amend Section 45.6.6 Tents Not to Be Used for Living or Sleeping
Section 45.6.6 of the Torrance Municipal Code currently reads, "No tents may be erected
or occupied in the City for the purposes of living or sleeping."
This Section is recommended to be retitled, "Camping in Public Places." The Section has
been updated to reflect compliance with the holding in Martin v. City of Boise. In this
Section, "camping" means the use of public property as a temporary or permanent place
of dwelling, lodging or residence, or as a living accommodation at any time. To comply
with Martin v. City of Boise, police officers shall not enforce this Section when an individual
is on public property and there is no available temporary shelter.
Add Section 48.1.8 Closure of Civil Center Grounds
A new Section, 48.1.8, is recommended to be added to Chapter 5 of Division 4 of the
Torrance Municipal Code. Because the City is proposing a temporary shelter on Civic
Center grounds, staff recommends that the Civic Center grounds be closed 12:00 am to
6:00 am, except those who are authorized to be on the grounds by the City of Torrance
or the State of California. The State is included, as the land occupied by the County
Courthouses are owned by the State
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Public Comment
In recent weeks, the City has received a high volume of public comment related to
homelessness. Some of the comments have been related to the creation of a
homelessness plan, and other public comments have been related to the development
of temporary housing and an update to the City's anti-camping ordinances.
Public comments related to this specific item received from May 14, 2021 -June 16,
2021, are included in Agenda Item 9C, Approve City of Torrance Plan to Prevent and
Combat Homelessness. Homelessness-related comments received between June 17,
2021 and June 22, 2021, 2:00 pm, will be included as a supplemental Agenda Item 9C.
NOTED:
Aram Chapa
City Manager
Attachments:
A) Ordinance
B) Ordinance Summary
C) Redline of Ordinance
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Respectfully submitted,
~~&_~
Patrick Q. Sullivan
City Attorney
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ATTACHMENT A
ORDINANCE NO. _____ _
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TORRANCE AMENDING DIVISION 4 BY REPEALING SECTION
44.3.16 OF THE TORRANCE MUNICIPAL CODE PROHIBITING
OVERNIGHT CAMPING ON BEACHES, AMENDING SECTION
45.1.4 STANDING OR SITTING ON STREETS, SIDEWALKS, ETC.
AS TO OBSTRUCT FREE PASSAGE, AMENDING SECTION 45.6.6
PROHIBITING THE USE OF TENTS FOR LIVING OR SLEEPING,
AND ADDING SECTION 45.1.8 CLOSING CIVIC CENTER
GROUNDS 12:00 AM TO 6:00 AM
WHEREAS, the City of Torrance ("City") encourages the use of open spaces and facilities
within the City by all members of the community; and
WHEREAS, camping within the City limits creates unsanitary, unhealthy, disorderly, and
dangerous conditions that may affect both the campers and the general public; and
WHEREAS, camping within the City limits tends to degrade or even destroy the property
upon which the camping is occurring, particularly in situations where an encampment is
large and ongoing; and
WHEREAS, camping within the City limits detracts from the use of the property for its
intended purposes, and
WHEREAS, the City has the authority to regulate to ensure the public's health, safety,
and general welfare, and desires to regulate camping within the city; and
WHEREAS, a Ninth Circuit Court of Appeals decision, Martin v. City of Boise, 920 F. 3d
584 (2019), prohibits criminal prosecution for sleeping outside when shelter is
unavailable;
WHEREAS, the holding in Martin v. City of Boise does not apply to individuals who have
access to temporary shelter; and
WHEREAS, the Ninth Circuit expressed that even where shelter is unavailable, an
ordinance prohibiting sitting, lying or sleeping outside at particular times or in particular
locations may be allowed under the U.S. Constitution; and
WHEREAS, the City intends to act in accordance with the Martin v. City of Boise decision;
and
WHEREAS, the City finds that camping prohibitions will best serve the public's health,
safety, and general welfare; and
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WHEREAS, the City may provide temporary shelter at the Torrance Civic Center.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TORRANCE DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1
Section 44.3.16 of the Torrance Municipal Code is repealed in its entirety:
"44.3.16 OVERNIGHT CAMPING.
A person shall not camp on or use for overnight sleeping purposes the beach or bring a house
trailer or similar vehicle onto the beach."
SECTION 2
Section 45.1.4 of the Torrance Municipal code is amended to read in its entirety as follows:
"45.1.4 STANDING OR SITTING ON STREETS, SIDEWALKS, ETC. SO AS TO OBSTRUCT
FREE PASSAGE.
Whoever remains standing, lying or sitting down on any of the sidewalks, streets, highways,
alleys or public places in such a manner as to obstruct or impede the free passage of
pedestrians or public travel, after being requested to immediately move by any police officer, or
who willfully remains on the sidewalk in front of any dwelling house or place of business which
abuts on any of the sidewalks in this City, in such manner as to obstruct the free passage of any
other person into or out of such dwelling house or place of business, without the consent or
against the will of the proprietor, shall be deemed guilty of a misdemeanor; provided, that this
section shall not prohibit sidewalk vending operations pursuant to a permit issued by the
Finance Director under Chapter 14 Sidewalk Vendors, Division 4 Public Health and Welfare of
this Code."
SECTION 3
Section 45.6.6 of the Torrance Municipal code is amended to read in its entirety as follows:
"45.6.6 CAMPING IN PUBLIC PLACES.
a) It shall be unlawful for any person to use any of the streets, highways, sidewalks, parks
or public places, including, but not limited to parkways, beaches, bus stop sites, the
transit center, the civic center, and the Madrona Marsh Preserve and Nature Center as a
camping place at any time; provided, that this section shall not prohibit sidewalk vending
operations pursuant to a permit issued by the Finance Director under Chapter 14
Sidewalk Vendors, Division 4 Public Health and Welfare of this Code.
1) The term 'camp' or 'camping' shall mean the use of public property as a temporary or
permanent place of dwelling, lodging or residence, or as a living accommodation at
any time;
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2) lndicia of camping may include, but are not limited to, storage of personal
belongings, using tents or other temporary structures for sleeping or storage of
personal belongings, carrying on cooking activities or making any fire in an
unauthorized area, or any of these activities in combination with one another or in
combination with either sleeping or making preparations to sleep (including the laying
down of bedding for the purpose of sleeping).
b) Police officers shall not enforce this camping section when the individual is on public
property and there is no available temporary shelter.
1) The term 'available temporary shelter' is a public or private shelter, with an available
temporary space, for an individual experiencing homelessness, at no charge, as
defined in subsection b.2.
2) The term 'available temporary shelter' shall not include the following:
A) Shelter space where an individual cannot stay because the individual has
exceeded a shelter's maximum stay rule or because shelter is unavailable due to
the individual's sex or sexual orientation.
B) Shelter space that cannot reasonably accommodate the individual's mental or
physical needs or disabilities.
C) Shelter space that does not permit a minor child to be housed in the same facility
with at least one parent or legal guardian.
D) Shelter space for which an individual is required to attend or participate in
religious activities or programs as a condition of utilizing the shelter space.
3) Prior to issuing any citation, a police officer shall confirm that a shelter has available
space that can be utilized by that particular individual. No police officer shall issue a
citation to a homeless person sleeping, lying, sitting, or camping outdoors unless the
officer first confirms the shelter has available space that can be utilized by the
individual."
SECTION4
That the following Section 45.1.8 entitled "CLOSURE OF CIVIC CENTER GROUNDS" is hereby
added to Chapter 5 of Division 4 of the Torrance Municipal Code:
"45.1.8 CLOSURE OF CIVIC CENTER GROUNDS
a) Between the hours of 12:00 am and 6:00 am, no person shall enter, remain or be present
in or upon the Torrance Civic Center which is the area bounded by Torrance Boulevard,
Madrona Avenue, Civic Center Drive, and Maple Avenue.
b) This Section shall not apply to persons whose presence is authorized by either the City of
Torrance or the State of California, or is in conjunction with an activity that is authorized
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or permitted in the City of Torrance or the State of California, or is in conjunction with
gaining ingress to or egress from the Torrance Police Department.
c) This Section does not prohibit anyone from being present at any time on a sidewalk
adjacent to any public street, provided that there is no violation of Section 45.1.4 of this
Code.
d) Any person violating the provisions of this Section shall be guilty of a misdemeanor and
upon conviction shall be fined in an amount not to exceed one thousand dollars or
imprisoned for a period not to exceed six months, or both."
SECTION 5
Any provisions of the Torrance Municipal Code or its appendices, or any other ordinances of the
City inconsistent with this ordinance to the extent of the inconsistencies and no further, are
repealed.
SECTION 6
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to
be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision
will not affect the validity of the remaining portions of the ordinance. The City Council declares
that it would have passed this ordinance and each section, subsection, sentence, clause and
phrase irrespective of the fact that any one or more sections, subsections, sentence, clauses or
phrases are declared invalid or unconstitutional.
SECTION 7
This ordinance will take effect thirty days after the date of its adoption. Within fifteen days following
adoption, this ordinance or a summary of this ordinance, if authorized by the City Council, will be
published at least once in the Daily Breeze, a newspaper of general circulation, published and
circulated in the city of Torrance.
INTRODUCED and APPROVED this __ day of June 2021.
ADOPTED and PASSED this __ day of June 2021.
APPROVED AS TO FORM:
PATRICK Q. SULLIVAN
CITY ATTORNEY
By: ______________ _
Tatia Y. Strader, Assistant City Attorney
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Mayor Patrick J. Furey
ATTEST:
Rebecca Poirier, City Clerk
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ATTACHMENT B
ORDINANCE NO. ____ _
SUMMARY
On June 22, 2021 the City Council of the City of Torrance adopted Ordinance No.
___ , an ordinance that amends Division 4 by repealing section 44.3.16 of the
Torrance Municipal Code prohibiting overnight camping on beaches; amends section
45.1.4 standing or sitting on streets, sidewalks, etc. as to obstruct free passage; amends
section 45.6.6 prohibiting the use of tents for living or sleeping; and adds section 45.1.8
closing civic center grounds 12:00 am to 6:00 am. Copies of the Ordinance are available
from the City Clerk's Office or online at www.torranceca.gov.
*****City Clerk to add a paragraph stating the names of the City Council members who
voted in favor and those who voted against.*****
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SECTIONS TO REPEAL OR AMEND
44.J.4&-0VE-RN1GHT·-GAMPING.
ATTACHMENT C
A person shall not camp on oF-HS~tf§flt sleepin§-Plliposes the beach or brin§-a
house trailer or similar vehicle onto the beach.
45.1.4 STANDING OR SITTING ON STREETS, SIDEWALKS, ETC. SO AS TO
OBSTRUCT FREE PASSAGE.
(Added by 0-227; Amended by 0-1068)
It shall be unlm.vful for any person to stand or sit in or upon any public street, alley,
sidev,alk or cross'Nalk so as to, in any manner, hinder or obstruct the free passage
therein, or thereon, of persons passing along such street, alley, sidewalk or crosswalk,
i.vithout a permit first granted by the City Council, or so as in any manner to annoy or
molest persons passing along the same.
Whoever remains standing, lying or sitting down on any of the sidewalks, streets,
highways, alleys or public places in such a manner as to obstruct or impede the free
passage of pedestrians or public travel, after being requested to immediately move by
any police officer, or who willfully remains on the sidewalk in front of any dwelling house
or place of business which abuts on any of the sidewalks in this City, in such manner as
to obstruct the free passage of any other person into or out of such dwelling house or
place of business, without the consent or against the will of the proprietor, shall be
deemed guilty of a misdemeanor; provided, that this section shall not prohibit sidewalk
vending operations pursuant to a permit issued by the Finance Director under Chapter
14 Sidewalk Vendors, Division 4 Public Health and Welfare of this Code.
45.6.6 CAMPING IN PUBLIC PLACES.TENTS NOT TO BE USED FOR L-1\LING OR
SLEEPING.
(Added by 0-737)
No tents may be erected or occupied in the City for the purposes of living or sleeping.
a) It shall be unlawful for any person to use any of the streets, highways, sidewalks, parks
or public places. including, but not limited to parkways. beaches, and bus stop sites, as a
camping place at any time; provided, that this section shall not prohibit sidewalk vending
operations pursuant to a permit issued by the Finance Director under Chapter 14
Sidewalk Vendors, Division 4 Public Health and Welfare of this Code.
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1) The term ·camp' or 'camping' shall mean the use of public property as a temporary or
permanent place of dwelling. lodging or residence. or as a living accommodation at
any time:
2) lndicia of campina may include. but are not limited to. storage of personal
belongings. using tents or other temporary structures for sleeping or storage of
personal belongings. carrying on cooking activities or making any fire in an
unauthorized area. or any of these activities in combination with one another or in
combination with either sleeping or making preparations to sleep (including the laying
down of bedding for the purpose of sleeping).
b) Police officers shall not enforce this camping section when the individual is on public
property and there is no available temporary shelter.
1) The term 'available temporary shelter' is a public or private shelter. with an available
temporary space, for an individual experiencing homelessness, at no charge, as
defined in subsection b.2.
2) The term 'available temporary shelter' shall not include the following:
A) Shelter space where an individual cannot stay because the individual has
exceeded a shelter's maximum stay rule or because shelter is unavailable due to
the individual's sex or sexual orientation.
B) Shelter space that cannot reasonably accommodate the individual's mental or
physical needs or disabilities.
C) Shelter space that does not permit a minor child to be housed in the same facility
with at least one parent or legal guardian.
D) Shelter space for which an individual is required to attend or participate in
religious activities or programs as a condition of utilizing the shelter space.
3) Prior to issuing any citation, a police officer shall confirm that a shelter has available
space that can be utilized by that particular individual. No police officer shall issue a
citation to a homeless person sleeping, lying, sitting, or camping outdoors unless the
officer first confirms the shelter has available space that can be utilized by the
individual.
SECTIONS TO ADD
45.1.8 CLOSURE OF CIVIC CENTER GROUNDS
a) Between the hours of 12:00 am and 6:00 am, no person shall enter. remain or be present
in or upon the Torrance Civic Center which is the area bounded by Torrance Boulevard,
Madrona Avenue, Civic Center Drive, and Maple Avenue.
b) This Section shall not apply to persons whose presence is authorized by either the City of
Torrance or the State of California, or is in coniunction with an activity that is authorized
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or permitted in the City of Torrance or the State of California, or is in conjunction with
gaining ingress to or egress from the Torrance Police Departrnent.
c) This Section does not prohibit anyone from being present at any time on a sidewalk
adjacent to any public street, provided that there is no violation of Section 45.14 of this
Code.
d) Anv person violating the provisions of this Section shall be guilty of a misdemeanor and
upon conviction shall be fined in an amount not to exceed one thousand dollars or
imprisoned for a period not to exceed six months, or both.
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