HomeMy WebLinkAboutReport on Homelessness, Anti-Camping and Anti-Loitering Laws 2000 Main Street,
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File #: 22-1094 MEETING DATE: 12/20/2022
Submitted by Mayor Pro Tern Van Der Mark - Report on Homelessness, Anti-Camping and Anti
-Loitering Laws
Direct the City Manager and the Police Chief to return on January 17, 2023 to present the following:
1. A full report and accounting identifying all of the City's resources, including recently
hired/appointed City personnel, County programs present in the City, and facilities like the Navigation
Center, that have been employed or deployed to combat homelessness; and
2. A full report and accounting of the Navigation Center's use since it opened in December 2020,
including the number of beds occupied over time (utilizing monthly data), where the clients/patrons
are from (have they been Huntington Beach homeless or have they been brought in by the County or
other cities), and average length of how long individuals stay and where they go once released (e.g.,
back on the streets, County facilities, or back home); and
3. A proposal that incorporates former Police Chief Handy's 90-day plan on how HBPD will enforce
the City's and State's anti-camping and anti-loitering laws to get the City's public spaces free from the
mentioned encampments, loitering, and their related health and safety concerns; and
4. A request for the Police Chief to give quarterly updates at City Council on enforcement of anti-
camping and anti-loitering.
City of Huntington Beach Page 1 of 1 Printed on 12/14/2022
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CITY OF HUNTINGTON BEACH
CITY COUNCIL MEETING—COUNCIL MEMBER ITEMS REPORT
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: GRACEY VAN DER MARK, MAYOR PRO TEM
DATE: DECEMBER 20, 2022
SUBJECT: REPORT ON HOMELESSNESS,ANTI-CAMPING AND ANTI-LOITERING LAWS
Around 2019, the City began to appreciate a proliferation of the homeless population in
Huntington Beach as it was around Orange County. The increase in homeless individuals
sleeping on public benches, public parks, and outdoor encampments in public spaces and near
schools and playgrounds led to an increase in assaults on residents, degradation of the quality
of the City's parks and other public spaces, and health and safety issues such as filth, human
waste, drug paraphernalia, and other private property items left by homeless individuals strewn
through the City in public spaces. Many of these public spaces were, and still are, the
downtown area of Huntington Beach and beaches and parks, where children play.
In December 2020, the City responded to the homelessness proliferation in 2020 by building a
homeless shelter in cooperation with the County of Orange here in Huntington Beach (17642
Beach BI.). As this multi-million dollar Navigation Center was being built, former Police Chief
Rob Handy had put together a 90-day plan centered on outreach to the homeless community to
inform them of the resources available through the Navigation Center and the County, and that
Huntington Beach would no longer allow homeless to remain camping and loitering in public
spaces. After the 2020 election, new City Council leadership altered this course. As a result,
the 90-day plan by Chief Handy was never implemented, and little to no enforcement of our
laws left the Navigation Center unused in large part, and our public spaces are still occupied by
homeless encampments and homeless loitering.
The City knows through many meetings with Federal Judge Carter, and by instruction from the
Ninth Circuit Court of Appeal in the Martin v. Boise case,that having a homeless shelter, like
the Navigation Center, allows cities like Huntington Beach to legally enforce their anti-camping
and anti-loitering laws. There is no reason at this point, and going back to 2020, why the City
has not been enforcing its laws to keep the streets and public spaces healthy and safe. The
community knows this and is demanding that the City, once and for all, bring back law and
order to our City by addressing the homeless issue once and for all with the resources we
already have available to us.
RECOMMENDED ACTION
Direct the City Manager and the Police Chief to return on January 17, 2023 to present the
following:
1. A full report and accounting identifying all of the City's resources, including recently
hired/appointed City personnel, County programs present in the City, and facilities
like the Navigation Center, that have been employed or deployed to combat
homelessness; and
2. A full report and accounting of the Navigation Center's use since it opened in
December 2020, including the number of beds occupied over time (utilizing monthly
data), where the clients/patrons are from (have they been Huntington Beach
homeless or have they been brought in by the County or other cities), and average
length of how long individuals stay and where they go once released (e.g., back on
the streets, County facilities, or back home); and
3. A proposal that incorporates former Police Chief Handy's 90-day plan on how HBPD
will enforce the City's and State's anti-camping and anti-loitering laws to get the
City's public spaces free from the mentioned encampments, loitering, and their
related health and safety concerns; and
4. A request for the Police Chief to give quarterly updates at City Council on
enforcement of anti-camping and anti-loitering.
Mr.Amory Hanson
8102 Ellis Avenue
Apartment 121
Huntington Beach CA 92646
December 18, 2022
The Mayor of Huntington Beach
2000 Main Street
Huntington Beach CA 92648
My Dear Mister Mayor,
I am writing to express my support for Item XXIX.
Sincerely Yours,
Mr.Amory Hanson
CC: The Honorable Grace Vandermark
CC:The Honorable Rhonda Bolton
CC: The Honorable Patrick Burns
CC: The Honorable Daniel Kalmick
CC: The Honorable Casey McKeon
CC: The Honorable Natalie Moser
SUPPLEMENTAL
COMMUNICATION
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Moore, Tania
From: Linda Moon <Isapiro048@gmail.com> SUPPLEMENTAL
Sent: Monday, December 19, 2022 3:54 PM
MN�UNICATION
To: CITY COUNCIL
Subject: 12-20-23 City Council Agenda
Meeting Date:
Dear Mayor Strickland and City Council Members: Agenda Item #G 6 (00 _ /0 )
I have been a resident and homeowner in Huntington Beach for 48 years and maintained a law office in
Huntington Beach for 40 years until my retirem.nt. I have followed the work of the City Council for many
years. I understand that the new City Council majority is anxious to make changes and put its mark on the
city's future. I fear,however,that several of the Councilmember Items on the December 20, 2022 agenda were
hastily thought out and could have negative impacts on the city. I urge your careful consideration and measured
approach in moving forward with these proposals. Of greatest concern to me are the following:
Item 11 would raise the salary of the current City Attorney, who had no training or experience in Municipal
Law prior to coming into office, beyond that of all but one other City Attorney in the state, many of whom are
far more experienced, and from wealthier communities. While the City Attorney should be fairly compensated,
the current proposal is concerning.
Item 26,prohibiting anonymous complaints against businesses and requiring in-person filing will be
intimidating to the public and have a chilling effect on legitimate complaints regarding potentially dangerous
Code violations. The public should not be made to fear retaliation or retribution for reporting dangerous
conditions or be required to appear in person during business hours, something impossible for many
residents. The City Code Enforcement employees can quickly determine whether reports are valid or
frivolous. The proposal makes an upfront assumption that all reports are wrongful. The opposite should be
true. Code enforcement practices should best serve the residents, employees and customers, not make them
targets and endanger the safety of reporters and their families.
Item 27 seeking to raise political campaign contribution limits beyond the inflation standards previously
established will result in an unfortunate scenario in which only candidates with wealthy and corporate
supporters can possibly be elected. This is a recipe for council corruption and the elimination of diversity on
the city's governing body.
Item 28 appears to be an inappropriate gift of public funds for the cost of a CEQA Environmental Impact
Review,which would ordinarily be paid by the event sponsor. The benefit to the city in hosting that event does
not warrant the cost proposed.
Item 29 smacks of a full-on attack on services to the homeless. I suggest that the Council avail itself of the
knowledge of your competent staff to become educated regarding state laws protecting the homeless and the
benefits of the services now provided, before seeking to dismantle them.
Item 30 regarding the Orange County Power Authority may be better considered after full reporting on the
status of the Community Choice Power Aggregate and its potential for reducing dangerous greenhouse gasses
and saving money for consumers. As noted by the County Audit serious concerns exist regarding the current
operation of the OCPA. But throwing the baby out with the bathwater may not be the best strategy.
i
Item 33 will most certainly result in the city incurring significant fines for "challenging" and defying state
laws. Huntington Beach does not exist in a vacuum. Like it or not,we are part of the State of California and
subject to its housing laws. Most of the council members have had little education,to date,regarding how and
why housing mandates exist. We have already paid millions of dollars to fines that could have gone to good
use in our city for defying housing statutes. Continued defiance will not be productive or in the best interests of
the residents of Huntington Beach.
Item 34 regarding the RWG report appears to be political payback at its worst. I sincerely doubt the legality of
this city council "waiving" the Attorney Client privileges of the prior council. The report,previously made
public, explains to Huntington Beach residents why over 1.5 Million dollars had to be paid to former employees
and litigants who were the subject of age discriminatory tactics by the City Attorney. A desire to cleanse Mr.
Gates'record to facilitate his future political aspirations is entirely inappropriate. Mr. Steele, unlike Mr. Gates,
has many decades of Municipal Law experience and training. The point of the report was to educate the council
and serious issues came to light. Sweeping problems under the rug is not in the best interests of the City and its
residents.
I hope the City Council will fully deliberate and consider the need for, effects and ramifications of the above
proposals, with the focus on serving the best interests of the City and its residents.
Sincerely,
Linda Sapiro Moon
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Moore, Tania
From: Gino J. Bruno <gbruno@socal.rr.com>
Sent: Monday, December 19, 2022 5:36 PM
To: CITY COUNCIL
Cc: Zelinka, Al; e.parra@surfcity-hb.org; Hopkins,Travis; Gates, Michael
Subject: CC Agenda Items 29 &32
Regarding Items #29 and #32 on the City Council Agenda, 12/20/2022 . . .
Council members:
Excerpts from some of the more interesting Municipal Code ordinances already on our books (and, Yes, we
have a Navigation Center—see Martin v. City of Boise, 920 F.3d 584) . . .
§13.10.030 UNLAWFUL CAMPING
It is unlawful and a public nuisance for any person to camp, occupy camp facilities, or use camp paraphernalia
in the following areas:
A. Any public property; or
B. Any private property [without owner's consent].
§13.10.040 UNLAWFUL STORAGE OF PERSONAL PROPERTY ON PUBLIC AND PRIVATE PROPERTY
It shall be unlawful and a public nuisance for any person to leave stored personal property on public property
or private property without the consent of the property owner or except as otherwise approved by the Police
Chief, the Community & Library Services Director, the Public Works Director, or any of their designees. Stored
personal property left on public or private property in violation of this section may be impounded pursuant to
the provisions of this chapter.
§13.10.041 IMPOUNDING STORED PERSONAL PROPERTY
A. The Police Chief, or his or her designee, is authorized to impound stored personal property located on
public property or private property pursuant to the provisions of this chapter. The Police Chief is authorized to
adopt written policies and procedures to implement provision of this chapter. Nothing in this chapter shall be
construed to limit or otherwise interfere with State law regarding the impounding of evidence related to a crime.
B. Stored personal property may be impounded and disposed of without notice if there is a cause to
reasonably believe that the stored personal property is:
1. Perishable;
2. Contaminated with feces, urine or bodily fluid;
3. Infested with insects;
4. Contaminated with mold or mildew; SUPPLEMENTAL
5. Intentionally discarded; COMMUNICATION6. An immediate threat to public health or safety.
§9.20.015 PUBLIC NUDITY Meeting Date I AIAP0?2—
A 2
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It shall be unlawful for any person over the age of nine years old to appear, bathe, sunbathe, walk or
be on any public park, playground, beach, or in the water adjacent thereto, or on any other public
land, or on any private property open to public view from any public beach, playground, park, public
place, or public right-of-way in such a manner as to knowingly and intentionally expose his or her
genitals, pubic hair, perineum, anal region or pubic hair region, or expose the nipples and/or areola of
the female breast except as necessary while engaging in breastfeeding.
§9.20.020 HUMAN WASTE
No person shall urinate or evacuate his or her bowels on private property in an area exposed to the
public view, or on any public street, sidewalk, alley, park, or other public place, except in a public
restroom.
§9.44.010 DRINKING IN PUBLIC PLACES
No person shall drink any malt, spirituous or vinous liquor containing more than one-half of one
percent of alcohol by volume, upon any public streets, alleys, sidewalks, parkways, playgrounds,
parking lots open to the public, public parks, public school grounds, and public recreation areas within
this City, unless such person is on any place for which a conditional use permit or special permit has
been issued by the City of Huntington Beach permitting alcohol consumption.
Thank you.
Gino J. Bruno
Huntington Beach
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4z°1
Switzer, Donna
From: Walker, Renee
Sent: Tuesday, December 20, 2022 2:15 PM
To: AgendaAlerts@surfcity-hb.org
Subject: Request to City Council to act on Housing Element#6 for the Homeless issue
From: Maneck Bhujwala <mbhujwala@socal.rr.com>
Sent:Tuesday, December 20, 2022 2:07 PM
To:CITY COUNCIL<city.council@surfcity-hb.org>
Cc: Patricia Goodman<patgoodman12@gmail.com>
Subject: Request to City Council to act on Housing Element#6 for the Homeless issue
Respected City Council Members,
At your upcoming meeting, I would like for you to support presentation of essential information about
the Navigation Center and homeless services to council. I think that data and
their analysis are particularly important for leaders to make informed decisions. I also
believe that the human story and the work of everyday people is just as important to
tell the full story. I understand that act on this important item in order that the city
follows state housing law. Without a certified Housing Element, the city is subject to
severe penalties and/or fines.
Have a nice day !
Maneck Bhujwala
Resident of Huntington Beach
Sent from Mail for Windows
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