CC SR 20240820 E - Good Neighbor Pledge
CITY COUNCIL MEETING DATE: 08/20/2024
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to adopt the South Bay Cities Council of Governments
Good Neighbor Pledge relating to addressing homelessness in the South Bay region.
RECOMMENDED COUNCIL ACTION:
(1) Approve the South Bay Cities Council of Governments (SBCCOG) Good Neighbor
Pledge;
(2) Authorize the Mayor to sign the Pledge on the City Council’s behalf and participate
in a signing ceremony hosted by the SBCCOG; and,
(3) Direct staff to ensure all appropriate stakeholders including City Staff and the Los
Angeles County Sheriff’s Department are made fully aware of all resources that
are available to individuals experiencing homelessness in order to make them
more easily accessible.
FISCAL IMPACT: There is no direct fiscal impact to approve the recommended actions
above.
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Catherine Jun, Deputy City Manager
REVIEWED BY: same as below
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. South Bay Cities Council of Governments Good Neighbor Pledge (page A-1)
BACKGROUND
City of Grants Pass v. Johnson
On June 28, 2024, the U.S. Supreme Court issued a ruling in City of Grants Pass v.
Johnson (Grants Pass), permitting cities to enforce their public camping ordinances
without first demonstrating that adequate shelter was offered to and then declined by
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homeless persons living in those encampments. This ruling reverses a previous
precedent set by the Ninth Circuit Court of Appeals in Martin v. Boise (2018) that
determined cities could not enforce such ordinances if there were more homeless persons
than available shelter beds.
In this decision, the Supreme Court ultimately ruled that the enforcement of public
camping ordinances on the local level did not qualify as cruel and unusual punishment.
The Supreme Court also acknowledged that “Homelessness is complex. Its causes are
many. So may be the public policy responses are required to address it.”
Response to Grants Pass
As such, state and local governments have since engaged in discussions about the
policies they may undertake to address encampments within the auspices of Grants Pass
as well as any existing homeless resources and ordinances. In one example, Governor
Gavin Newsom issued an executive order in July 2024 for state agencies and
departments under his authority to remove encampments on state properties that pose
an imminent threat to life, health, safety or infrastructure; state officials are required to
provide 48 hours’ notice prior to removing encampments and to offer outreach services.
The order also encouraged local governments to adopt similar policies . On August 9,
2024, Governor Newsom stated that agencies that do not move forward with dismantling
encampments and moving people into shelter will have state funding withheld.
Separately, the South Bay Cities Council of Governments (SBCCOG), in coordination
with the City of Redondo Beach, engaged member jurisdictions and stakeholders on the
approach to homelessness. The discussion included concerns that the Supreme Court
ruling may encourage state and local governments to clear encampments without offering
sufficient resources and shelter, thereby moving homeless persons from one jurisdiction
to another.
Rancho Palos Verdes Ordinance
It should be noted that the City of Rancho Palos Verdes has a prohibition on camping and
storage of personal property in public places, pursuant to Rancho Palos Verdes Municipal
Code § 12.16.140. The code is “intended to protect the public health, welfare and safety
by reserving open spaces and facilities within the city limits for their intended purposes ”
and makes it “unlawful for any person to camp or use camp paraphernalia used in any
public place, except as otherwise provided herein or mandated by applicable law.” The
code, as currently written, shall not apply when every shelter in the local area is at
capacity.
DISCUSSION
The SBCCOG has since prepared a Good Neighbor Pledge, committing member
jurisdictions to three key principles:
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• Commitment to enhancing care coordination among all jurisdictions to offer
individuals with comprehensive support
• Commitment to continue investing in solutions to solve and prevent homelessness,
including housing, shelter and services funding
• Commitment to making appropriate personnel, such as the Los Angeles Sheriff’s
Department, fully aware of the resources available in each jurisdiction to help
individuals access them more easily. This commitment is due by December 31,
2024.
The Pledge is not a legally enforceable agreement, but it seeks to discourage SBCCOG
member agencies from aggressively enforcing camping ordinances and to continue to
offer services to continually address the root causes of homelessness.
The SBCCOG Steering Committee passed the Final Pledge on August 12, 2024 and has
distributed it to 15 South Bay Cities and the County for consideration. As of August 13,
Redondo Beach City Council approved; Hawthorne and Torrance placed it on their
August 13 City Council agendas for consideration ; and Los Angeles City and Council
have indicated support thus far. Additional cities are expected to consider the Pledge.
City Council is requested to consider the Pledge and if approved, authorize the Mayor to
sign on behalf of the City of Rancho Palos Verdes and participate in a future signing
ceremony to be hosted by the SBCCOG. If approved; City Council is also requested to
direct staff to implement the Pledge, including informing personnel such as the Sheriff’s
Department, of all available resources in the City that can be offered to homeless
individuals.
ALTERNATIVES:
In addition to Staff’s Recommendations, the following alternatives are available for the
City Council’s consideration:
1. Do not authorize the Mayor to signs the SBCCOG pledge.
2. Direct Staff to develop its own pledge in response to the City of Grants Pass v.
Johnson court ruling.
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JOHNSON V. GRANTS PASS SUPREME COURT RULING
GOOD NEIGHBOR PLEDGE
Preamble:
As members of the South Bay Los Angeles communities, we stand at a critical juncture in
addressing the challenges presented by homelessness and housing instability. In Johnson v.
Grants Pass the U.S. Supreme Court held that the enforcement of generally applicable laws
regulating camping on public property does not constitute “cruel and unusual punishment”
prohibited by the Eighth Amendment. However, the Court noted that these public-camping
regulations are not usually deployed as a front-line response “to criminalize homelessness”.
Instead, they are used to provide city employees with the legal authority to address
“encampments that pose significant health and safety risks and to encourage their inhabitants
to accept other alternatives like shelters, drug treatment programs, and mental-health
facilities.” The Court further recognized that “Homelessness is complex. Its causes are many. So
maybe are the public policy responses required to address it”.
In light of the ruling, and the Court’s language, we commit to an approach that offers
services and shelter as a cornerstone of our strategy. Recognizing the controversial history of
sweeps, we pledge not to engage in practices that simply move individuals from one member
city street to another, understanding that such actions do not solve but only relocate the issue.
Through this Good Neighbor Pledge, we affirm our dedication to practices that prioritize
coordination, offer services, and achieve sustainable, long-term solutions.
Principles:
• Advance Care Coordination and Collaboration: We commit to enhancing care
coordination among all stakeholders, including cities, unincorporated areas, social
services, and community organizations, to offer comprehensive support. Continued
collaboration with the South Bay Cities Council of Governments is essential in ensuring a
unified and effective regional response.
• Continue Our Investments: We commit to continue investing in solutions to solve and
prevent homelessness. The SBCCOG will continue to be a partner in securing housing,
shelter and services funding, knowing that existing investments like pallet shelters,
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homeless courts, and SHARE! Housing decrease street homelessness durations and
increase public safety.
• Training Our People: We commit to making it easier for people sleeping on the streets
to access the local resources they need to once again become housed. As soon as is
practicable, and NO LATER THAN DECEMBER 31, 2024, we commit that appropriate
personnel will be fully aware of the resources available in our city so that they can help
people experiencing homelessness more easily access these resources. The SBCCOG can
assist cities with this education and training, especially as it relates to regional
resources.
By embracing this pledge, we unite in our commitment to hold each other accountable
in a South Bay defined by care, collaboration, and community. We recognize the challenges
ahead but remain steadfast in our belief that together, we can build a future that honors the
collective strength of our neighborhoods.
APPROVED BY THE RANCHO PALOS VERDES CITY COUNCIL on this 20th day of August 2024.
______________________________
John Cruikshank, Mayor
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