HomeMy WebLinkAboutCorrespondence - Agenda Item #32Ibarra, Evelyn
From: Barry Ross <BRoss@csjorange.org>
Sent: Wednesday, November 13, 2024 11:00 AM
To: eComment
Subject: City Council Agenda Item 32
Attention: This email originated from outside of City of Santa Ana. Use caution when opening attachments or links.
Dear Mayor and Councilmembers,
As the City of Santa Ana is looking at the consequences of violating the proposed ordinance, I request you
incorporate language to reflect what the alternatives to jail or citations are when the individual wishes to go to
a shelter or other service and there is no service available. If they are open to a shelter or other services and
the shelter is full or the other services are not open, I do not feel that they should receive a citation or be sent
to jail. A suggestion is that rather than jail or cite someone who is on the streets, that their information and
location be provided to your outreach teams, so that they can start building a relationship of trust with
them. Citing and jailing people who are homeless and have no where to go will only make it more challenging
for them to get a job or housing.
The requirements look like someone brings a folding chair to a park or wants to lie on a bench to get some sun
could be cited or sent to jail. In an attempt to discourage encampments, the language is discouraging
residents from relaxing in the parks. I request that the language be modified.
Thank you.
Barry Ross
Santa Ana Resident
Ibarra, Evelyn
From: Jeffrey Katz <Jeffrey.katz@kesherlawgroup.com>
Sent: Tuesday, November 19, 2024 2:38 PM
To: eComment
Subject: Re: Item No. 32 — Anti -Camping Ordinance
Attachments: 24-11-19 - Anti -Camping Ordinance.pdf
Attention: This email originated from outside of City of Santa Ana. Use caution when opening attachments or links.
Madame Clerk,
Please include the attached letter in the Public Record for Re: Item No. 32—Anti-Camping Ordinance.
Kesher Law Group
Jeffrey A. Katz I Attorney at Law
Direct Dial: (714) 296-8309
Email: jeffrey.katz@kesherlawgroup.com
1
JEFFREY KATZ
Ward 3
Santa Ana,, California 92706
November 19, 2024
Santa Ana City Council
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701
Re: Item No. 32 —Anti-Camping Ordinance -Ordinance Adding Article XIV to Chapter 10
(Crimes and Miscellaneous Law Enforcement Provision) and Amending Related Sections
in Chapter 31, Chapter 33, and Chapter 36 of the Santa Ana Municipal Code
Dear Santa Ana City Council Members,
I write to you in full support of the proposed anti -camping ordinance. Every city has the right —
neigh ... the obligation —to ensure that its streets, parks, and public spaces remain clean, safe,
and accessible to all citizens. The ordinance you're considering is a strong step toward restoring
these shared spaces for our residential AND business communities.
The provisions outlined in Sections 10-402 and 10-403 address the most visible issues —
unlawful camping and the accumulation of personal belongings in public spaces. This is
essential for keeping Santa Ana's public areas usable for residents and businesses alike, ensuring
our community remains welcoming and vibrant. It's clear that this ordinance addresses a
fundamental community need, balancing compassion for those who may be in crisis with a firm
commitment to order and public welfare.
Expansion to Include Private Property
The intention behind this ordinance is both noble and necessary, as it will help mitigate the risks
associated with unauthorized encampments on public property. However, it is important to
acknowledge that while public spaces are a big concern, the presence of homeless individuals
on private property is also a significant and escalating issue in Santa Ana that demands
immediate attention and enforcement.
These encampments not only create unsafe and unsanitary conditions but also undermine the
safety, security, and well-being of those who are legally entitled to enjoy and maintain their
11Page
property. Property owners have a right to expect that their land will be respected and protected
from illegal encroachments, and we must support them in ensuring that their rights are upheld.
Therefore, I urge the City Council to amend the proposed ordinance to include explicit
provisions for enforcing trespassing by homeless individuals on private property. The police
should be empowered to take immediate action to remove individuals who are unlawfully
occupying private land, without the need for advance notice or additional hurdles. This
enforcement should mirror the swift actions taken when responding to public encampments,
ensuring that private property owners are afforded the same level of protection.
Incorporating provisions for trespassing on private property would allow the Police Department
to respond quickly to complaints or reports of illegal encampments, ensuring that property
owners do not bear the burden of having to repeatedly address these issues themselves. It will
also streamline the process by allowing immediate enforcement, without delay, when property
owners have filed complaints or documented unauthorized occupancy.
Recommended Strengthening Provisions
If we are to maximize the effectiveness of the proposed ordinance and address the growing
concerns of residents, business owners, and visitors, I recommend even stronger enforcement
provisions. For example:
1. Mandatory Cumulative Penalties: Instead of discretionary penalties for repeat offenses,
establish mandatory cumulative penalties to deter repeated violations. Each successive
violation within a certain period (e.g., 12 months) could incur higher fines or mandatory
service hours in community beautification efforts.
2. Escalation to Criminal Offense for Persistent Violators: To address the issue of repeated
violations, the ordinance should explicitly authorize the removal and possible arrest of
individuals who continue to camp in the same or nearby location after receiving an initial
citation. An escalating structure of penalties for subsequent violations should also be
implemented, culminating in immediate removal for persistent violators. This would
create a strong deterrent against recurring offenses and underscore the City's
commitment to enforcing this policy.
3. Immediate Property Impoundment: To maintain the integrity of our public spaces, the
ordinance could specify that any property stored unlawfully in public areas can be
impounded immediately. Property impoundment procedures should also ensure that
repeat violators cannot retrieve impounded items without payment of fines, to
discourage repeated encampment.
2 1 P a g e
4. Curfews and Patrols in Key Areas: To prevent nighttime encampments, particularly in
high -risk areas like the Civic Center, the Zoo District and 17t" & Main intersection,
designate curfews and increase patrol presence in those areas. This preventive approach
could help intercept issues before they arise.
5. Enhanced Civil Penalties for Damage to Public Property: Implement specific civil
penalties for individuals whose camping activities damage public property, such as
landscaping, street furniture, or park facilities.
6. Repeat Offender Program with Mandatory Rehabilitation Options: For those found
camping repeatedly and in need of social services, introduce a structured program that
mandates participation in rehabilitation programs (e.g., mental health or substance
abuse treatment) in exchange for waived or reduced penalties. This ensures
compassionate intervention alongside strict enforcement.
7. Mandatory Cleanup and Sanitation Services for Violators
Many campers leave behind significant litter and debris, which burdens the community
and poses health risks. I propose including a provision requiring violators to participate
in supervised cleanup activities as part of the penalty. If individuals are unable or
unwilling to participate, the City should be empowered to recover the costs of
professional cleanup services from individuals or supporting organizations where
feasible.
8. Designated Safe Zones and Coordination with Social Services
The ordinance's provision allowing individuals to be taken to social service facilities
instead of jail is commendable. This component could be expanded to include outreach
coordinators who can connect campers with housing, mental health, and addiction
support services, while still enforcing the ordinance firmly. Additionally, establishing
safe, designated areas (with adequate sanitary facilities and regular monitoring) for
those in need may alleviate the impact of displacement while still ensuring enforcement
in primary public spaces.
The ordinance you have proposed provides the foundation, and with these additional
enforcement measures, Santa Ana can strike a stronger balance between compassion and
accountability. This ordinance, strengthened as recommended, can restore our public spaces,
protect community safety, and provide resources to those who need assistance.
3 1 P a g e
Thank you for your commitment to Santa Ana. I urge you to adopt this ordinance and consider
these enhancements to make our city a cleaner, safer, and more beautiful place to call home.
Sincerely,
Jeffrey Katz
4 1 P a g e