Council votes to update camping ordinance after court ruling on homeless
Paso Robles City Council met on Tuesday
– At its regular Tuesday night meeting, the Paso Robles City Council unanimously approved an ordinance amending the municipal code regarding camping on public property and protecting waterways. The update to the ordinance is the city and its legal counsel’s best effort to get the city’s laws in line with the new decision by the U.S. Supreme Court in the case of City of Grants Pass v. Johnson.
The court ruled that cities can enforce ordinances penalizing homelessness by criminalizing activities such as sleeping in public spaces. This decision reverses a previous Ninth Circuit ruling that had prohibited such penalties on the grounds that they violated the Eighth Amendment’s protection against cruel and unusual punishment.
City manager Ty Lewis gave the report on the item at the Tuesday meeting. He said that the decision was a “good thing for municipalities,” and that it would give city staff more tools.
The city municipal code generally prohibits camping on public property. Section 7.50.040 currently prevents enforcement against individuals sitting, lying, or sleeping on public property where no alternative shelter is available, following the 2019 Ninth Circuit decision in Martin v. City of Boise.
The approved ordinance will update that section to remove the outdated Martin provision and enhance camping regulations. Camping or maintaining an encampment on public property, including streets, sidewalks, parks, open space areas, high-fire risk areas, and the Salinas River corridor, will be prohibited.
The city has worked with community partners to help provide shelter and supportive services for homeless individuals. This includes dedicating Project Homekey grant funds to People’s Self-Help Housing Corporation, the Housing Authority of the City of San Luis Obispo, and the El Camino Homeless Organization (ECHO) for establishing a joint shelter and transitional low-income housing site in 2021.
The city has contributed $444,000 to ECHO’s operating budget over fiscal years 2022-2023 and 2023-2024, with ECHO now providing 70 shelter beds. The city has committed to funding ECHO at the same level over the next two fiscal years.
In 2023, the city adopted a Homelessness Strategic Plan to better address homelessness, including funding for a homeless services manager position approved in June. The city is also working with the county housing authority, the Paso Robles Housing Authority, and housing developers to increase access to affordable housing, adding 205 housing units since 2019, with 240 units currently in the permitting process, according to the staff report.
Councilmember Chris Bausch called Tuesday night’s decision to update the code, “A good first step of many to come.”
The council also voted to approve a resolution in support of Proposition 13.
Proposition 13, passed by California voters on June 6, 1978, significantly changed the state’s property tax system. It limited property taxes to 1% of a property’s assessed value, rolled back assessments to 1975-76 levels, and restricted annual assessment increases to a maximum of 2% unless the property changed ownership. The initiative also required a two-thirds majority vote in both legislative houses for state tax increases and local special taxes.
While Proposition 13 provided substantial tax relief for property owners, it reduced revenue for local governments and public services such as schools and emergency services, prompting the state to adjust its budget and funding allocations to mitigate these impacts.
City staff wrote in the item report that, “Proposition 13 remains of benefit to property owners and renters by limiting the amount of property taxes that are assessed annually,” Therefore, it was recommended that the council formally recognize its support for the continuation of Proposition 13 as it is structured now. The council voted unanimously to pass a resolution in support of the continuation of the proposition.
The council also approved an oak tree removal permit for a new single-family residence located on Via Lantana. The home’s unique design made efforts to include as many oak trees as possible, and the property owners will replant two oak trees on the site. The permit was approved unanimously.
Mayor John Hamon made a statement at the beginning of Tuesday night’s meeting, apologizing to police staff for what he called “disgusting, uncalled for,” remarks made by a city council member in regard to the recent decision about dogs being allowed in public parks. He said that the remarks were, “not in the best interest of the city” and were an attack on the police force and their efforts to consistently enforce city laws. Which exact comments he was referring to were not explicitly stated. That meeting’s live stream is available here.
Councilmember Chris Bausch, who presumably made the remarks, apologized, and said the remarks were feedback from constituents and were meant to be “hard questions” and not an attack on city staff. Councilmember Sharon Rhoden apologized for not speaking up about the remarks at the time they were made.
Watch the full meeting below:
