SLO County city toughens camping rules to combat homelessness. Will it work?

With the rain season returning, Morro Bay is taking steps to remove homeless encampments from waterways that could flood during winter storms.

On Tuesday, the Morro Bay City Council unanimously passed rules that regulate when and where people can camp on public property, including that people can only camp in one spot for 24 hours at a time.

“Many encampments are located in waterways intended for storm runoff that are damaged from last year,” Morro Bay Fire Department Chief Dan McCrain said. “There is a safety concern for the inhabitants of these camps due to flooding, collapse, and erosion.”

“We’re trying to balance the needs of the community to have access to public spaces, reduce the risk of unsanitary conditions and safety concerns, as well as providing a method for those needing to utilize these spaces for shelter,” McCrain said.

The city does not want to ban all camping on public property, according to Morro Bay Police Department Chief Amy Watkins. Instead, the goal is to prevent the formation of large encampments, which tend to have more health and safety risks, she said.

“Smaller campsites support both the health and safety of people who are camping for survival on public property as well as the health and safety of the public,” Watkins said.

Some community members supported the ordinance, noting that large encampments put a strain on local businesses.

Other community members, however, said that requiring campers to move every 24 hours will make it more difficult for them to access services and focus on escaping homelessness.

The council passed these regulations as part of an urgency ordinance, which means it took effect immediately after it was passed on Wednesday.

On Jan. 9, the council will have the chance to review the ordinance and vote to preserve it, according to Deputy City Clerk Heather Goodwin.

The city of Morro Bay clears homeless camps along Morro Creek and the power plant in advance of projected El Niño storms in 2015.
The city of Morro Bay clears homeless camps along Morro Creek and the power plant in advance of projected El Niño storms in 2015.

What does the camping ordinance do?

The camping ordinance regulates how and where people experiencing homelessness can camp on public property, according to Watkins.

In addition to the 24-hour limit, camping is not allowed in four locations:

  • Within 200 feet of residential areas, schools, playgrounds, visitor serving commercial areas, infrastructure integral to the operation of the city or high fire zones.

  • In areas that would impede access to public or private property.

  • In vehicle and bicycle lanes.

  • At Morro Bay City Hall, the Community Center and Veterans Hall.

There are also a variety of regulations that limit the nature of campsites. For example, campsites cannot be larger than 144 square feet, within a 150-foot radius of another camp, or impede a sidewalk or public right-of-way.

Additionally, camps are limited to two people, two animals and one portable tent. Campers must remove all garbage and waste when they leave, and cannot use an open flame or dump hazardous waste.

“The intent of the ordinance is to set up a tent, sleep for the night, pack it up and move on,” McCrain said. “The intent is that people keep their campsites small and keep them mobile, and not create established campsites.”

The ordinance includes a three-step enforcement process.

First, a police officer will inform a camper that they are violating the city’s regulations and ask them to leave the spot. Officers are directed to share information about homeless shelters and service providers with the camper, Watkins said.

“Our purpose and goal is to serve all with compassion and understanding for everyone involved with this difficult issue,” Watkins said.

If the campsite remains, an officer will notify the camper that they have 72 hours to leave the area before the city dismantles the camp. The notice will include information about housing, shelters, homeless services and transportation, Watkins said.

If the camp remains after 72 hours, city staff will confiscate property at the campsite. The city will hold property “of reasonable value and utility” for 90 days for the owner to retrieve, according to the staff report.

The Police Department’s goal is “gradual and humane enforcement (of the ordinance) seeking to respect the dignity of all involved,” Watkins said.

The city can, however, remove a campsite without notice if law enforcement has probable cause to believe that “illegal activity, other then camping, is occurring” or if there is “immediate danger to human life or safety,” the staff report said.

The city’s first clean-out of encampments will cost about $50,000.

Councilmember Jen Ford said she supports the ordinance because it balances the needs of the public and people experiencing homelessness.

“They are our neighbors even if they’re unhoused,” Ford said. “I think that they deserve to be treated with dignity, and I feel as though that was taken into consideration when this was created.”

The city of Morro Bay clears homeless camps along Morro Creek and the power plant in advance of projected El Niño storms in 2015.
The city of Morro Bay clears homeless camps along Morro Creek and the power plant in advance of projected El Niño storms in 2015.

City also considers rules for camping on private property

These aren’t the only rules the city is considering related to homelessness.

On Jan. 9, the City Council also will consider regulating overnight vehicle camping on private property.

If the ordinance passes, it would require property owners to provide access to sanitary facilities at all times to folks camping in vehicles on their property.

Property owners would be prohibited from charging campers “any fee, rent or other monetary charge,” and the ordinance prevents campers from emptying “wastewater, greywater, hazardous water or trash on the property unless sufficient city approved receptacles or hook-ups are available,” the staff report said.

Campers can only stay at the property three times a week within a 10-day period and must follow “reasonable personal property restrictions,” the staff report said.

According to Watkins, the city wanted to increase homelessness services locally in tandem with these ordinances.

That’s why the city partnered with local nonprofit 805 Street Outreach to provide hot showers to those who need them.

Starting on Jan. 15, 805 Street Outreach will bring its shower trailer to the Morro Bay Library parking lot the first and third Monday of every month.

The nonprofit will be accompanied by medical professionals with Dignity Health, along with representatives from organizations including the Community Action Partnership of San Luis Obispo and Transitions Mental Health Association to connect folks with food, housing and counseling services.

The shower service coincides with a free community dinner at the Veterans Hall hosted by the Lions Club and the city every Monday night, Watkins said.

Judy Thompson washes dishes while Nancy Castle, back, preps donated food to be served at the weekly Monday dinner hosted by the Estero Alliance for Care at the Morro Bay Veterans Hall in December 2014.
Judy Thompson washes dishes while Nancy Castle, back, preps donated food to be served at the weekly Monday dinner hosted by the Estero Alliance for Care at the Morro Bay Veterans Hall in December 2014.

What does the community think?

A handful of community members supported the ordinance, including Barry Branin, the owner of the Burger King restaurant on Quintana Road.

Branin said his customers are intimidated by the nearby encampments, causing him to lose revenue. His employees are intimidated by the encampments, too.

“We have employees that work at Burger King — they’re afraid to go home,” Branin said.

Lisa Abbattista, a local advocate for the unhoused community who was previously homeless herself, also supports the ordinance but asked for people to be compassionate when they discuss people experiencing homelessness.

“I’m telling you, until you’ve been out there, you cannot judge and you should not judge,” Abbattista said. “They’re people that are just down on their luck.”

She said she appreciates that the ordinance requires people to move their campsite every day.

“You can’t let them get stagnant,” Abbattista said. “The longer they’re down there and out there, they’re not going to want to better themselves.”

Other community members, however, worried that requiring people to move their camp every 24 hours isn’t the right solution.

Andrea, a woman who experienced homelessness in Morro Bay and asked to remain anonymous for her safety, said that moving people around makes it more difficult for them to connect with support services, go to a job interview, or find housing.

“Whatever they are trying to do that day, moving all of their possessions is going to be even more time-consuming,” she told The Tribune before the meeting.

Sharon O’Leary, the director of the Community Resource Connections Office in Morro Bay, told The Tribune that the ordinance is “displacement by another name.”

Requiring people to move their camps every night will make it more difficult for the service office to stay in contact with their clients and maintain continuity with their case, O’Leary said.

She said the camping ordinance is only step one of a multi-step process to find people housing.

“This is where they want to start because the weather is changing,” O’Leary said, but the ordinance will only be effective if its paired with case management and housing.

“Folks have got to be taken care of. They can’t be set adrift like that,” O’Leary said.

Morro Bay resident Wynde Dyer asked the City Council to take more time to develop a solution in partnership with members of the unhoused community.

It needs to be all voices,” Dyer said. “They don’t know their stories. All they see is the trash and the needles.”

Why does city want to limit homeless encampments?

City staff estimate that about 100 people are experiencing homelessness in Morro Bay, according to the staff report.

Additionally, about 60% of the Police Department’s calls for service are related to homelessness — for crimes committed by and against people experiencing homelessness, McCrain said.

Large homeless encampments are located along Morro Creek, in Kaiser Park, on the Main Street overpass, next to the Morro Bay Boulevard on- and off-ramps for Highway 1, on Quintana Road across from Burger King, and along Quintana Creek, according to Watkins.

Long-term camping on public property creates health and safety hazards, McCrain said.

The lack of basic sanitation services, such as bathrooms and running water, increases the spread of communicable diseases in homeless encampments, he said.

Meanwhile, the accumulation of solid waste, including discarded furniture, food, tents, and sleeping bags, litters the environment and ends up in the waterways — often plugging storm drains, which can exacerbate flooding, he said.

City staff often find half-empty propane tanks and used needles at the campsites, which are a danger to public health and safety, McCrain said.

Most critical, though, is that homeless encampments are often located in areas prone to flooding — which is dangerous as the rainy season approaches, McCrain said.

“Urgency is needed to remove these campsites before the anticipated winter storms,” he said.