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Home My WebLink About19-09 - Urgency Ordinance for prohibitions against sleeping in vehiclesURGENCY ORDINANCE NO. 19-09 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING SECTION 10-194 (SLEEPING IN MOTOR VEHICLES PROHIBITED) OF CHAPTER X (STOPPING, STANDING AND PARKING GENERALLY) OF TITLE 10 (MOTOR VEHICLES AND TRAFFIC), RELATING TO PROHIBITIONS AGAINST SLEEPING IN VEHICLES WHEREAS, the City of Costa Mesa, pursuant to its police power, may adopt regulations to protect the health, safety and welfare of the public (Cal. Const. art. XI, § 7, Cal. Govt. Code § 37100), and thereby is authorized to declare what use and condition constitutes a public nuisance; and WHEREAS, the City Council of the City of Costa Mesa finds there is currently a well- documented homeless crisis both at the state, county and local level; and WHEREAS, the City Council of the City of Costa Mesa finds this crisis and resulting unsanitary living conditions have created a resurgence in communicable diseases and other health and safety hazards that have been recently referred to by the Governor as "medieval"; and WHEREAS, due to recent United States Court of Appeals for the Ninth Circuit case law and the directives of the District Court, Central District of California — Southern Division in the case of Orange County Catholic Worker et al. v. Orange County, et al., Case No. 8:18- cv-00155, the City has been effectively unable to enforce the various provisions of the Costa Mesa Municipal Code (CMMC) that prohibit camping, storage of personal property and sleeping in vehicles in public areas for approximately 12 months; and WHEREAS, the City Council of the City of Costa Mesa finds that this inability to enforce the above referenced provisions of the CMMC has exacerbated the homeless crisis within the City and has resulted in an intensification of unsanitary conditions of public property, including but not limited to persons camping in public places and dwelling in vehicles, which conditions constitute a public nuisance, all to the detriment of the public health, safety and welfare; and WHEREAS, the City Council of the City of Costa Mesa finds that there is an immediate need to clarify the definitions of prohibited conduct found both in Chapter IX of Title 10 and in Chapter XIV of Title 11 of the CMMC relating to prohibitions against sleeping in vehicles and camping in public areas to both provide constitutional safeguards and enable effective and timely enforcement of the prohibitions against camping and related activity on public property; and WHEREAS, the City intends to fully comply with both the letter and spirit of the terms of the settlement agreement and the District Court's order in Orange County Catholic Worker et al. v. Orange County, et al., relating to the procedures for the enforcement of CMMC sections 10-194 (sleeping in motor vehicles prohibited), 11-302 (definitions), 11-304 Urgency Ordinance No. 19-09 Page 1 of 4 (camping in public places prohibited -penalties) and 11-306 (storage of personal property in public areas prohibited), or any comparable provisions of state law, or any law concerning "loitering" against homeless individuals within the City's jurisdiction; and WHEREAS, the City Council of the City of Costa Mesa finds that the adoption of this Ordinance will not alter or affect its ability to comply with its obligations under the above referenced settlement agreement and court order; and WHEREAS, the City of Costa Mesa, pursuant to the provisions of the California Environmental Quality Act ("CEQA") (California Public Resources Code Sections 21000 et seq.) and State CEQA Guidelines (Sections 15000 et seq., Title 14 the California Code of Regulations) has determined that the Ordinance is not a "project" pursuant to Public Resources Code Section 21065, and that it is exempt from the provisions of CEQA pursuant to Guidelines Sections 15061(b)(3) (because it can be seen with certainty that the adoption of this Ordinance will not have an effect on the environment) and 15321 (enforcement actions by regulatory agencies); and WHEREAS, the City Council recognizes that there is a need to enact the restrictions contained in this Ordinance immediately to preserve and protect the public peace, health, safety and welfare; and WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have occurred. NOW, THEREFORE, THE COSTA MESA CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council finds that all the facts, findings, declarations and conclusions set forth above in this Ordinance are true and correct. SECTION 2. The City Council makes and adopts as findings the facts and conclusions set forth in the preamble of this Ordinance and, for the reasons set forth in the recitals, finds that adoption of the Ordinance as an urgency ordinance is necessary for the immediate preservation of the public peace, health and/or safety. SECTION 3. Except as provided herein, the remaining provisions of Title 10, Chapter X, of the Costa Mesa Municipal Code shall remain in full force and effect. SECTION 4. Title 10, Chapter X, Section 10-194 of the Costa Mesa Municipal Code is hereby amended to read as follows: 10-194. Sleeping in motor vehicles prohibited. It is unlawful for any person to sleep in or on any motor vehicle parked any place in the city, other than upon private residential property, at any time between the hours of 9:00 p.m. and 7:00 a.m., or to dwell and/or live in or on any motor vehicle parked upon any city owned, operated, or maintained street, sidewalk, alley, public right-of-way, or any other public property or any private property within the city at any time. This section is not intended to Urgency Ordinance No. 19-09 Page 2 of 4 prohibit the use of campers or motor coaches or motor vans for sleeping and/or dwelling purposes where the same are parked in an authorized trailer court or campsite within the city. As used in this section, "dwell' means to use as a basic residence for shelter, sleeping and/or cooking purposes in lieu of traditional code compliant building structures designed for human habitation. SECTION 5. Inconsistencies. Any provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 6. Severability. If any chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional. No portion of this Ordinance shall supersede any local, state, or federal law, regulation, or codes dealing with life safety factors. SECTION 7. Effective Date. This Ordinance shall become effective immediately. SECTION 8. Certification. The City Clerk shall certify the passage and adoption of this Ordinance and shall cause the same to be posted or published in the manner as required by law. Mayor ATTE PASSED AND ADOPTED this 2nd day of April, 2019. Brenda Green City Clerk APTRD Kimberly Hallyo T� FORM: How, City Attorney Urgency Ordinance No. 19-09 Page 3 of 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing Urgency Ordinance No. 19-09 was duly introduced and adopted at the regular meeting of the City Council of the City of Costa Mesa held on the 2nd day of April, 2019, by the following roll call vote, to wit: AYES: COUNCILMEMBERS: CHAVEZ, GENTS, MANSOOR, MARR, REYNOLDS, STEPHENS, FOLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 3rd day of April, 2019. Brenda Green, tity Clerk Urgency Ordinance No. 19-09 Page 4 of 4