0 have signed. Let’s get to 1,000!

San Clemente must open a temporary homeless shelter in order to enforce the anti-camping laws imposed by the recent ruling of Martin Vs Boise.  The ruling basically bars the city from enforcing anti-camping laws as long as there is no shelter provided.

For months, the city has said that a shelter is imminent; however, the public has been kept in the dark as all the discussions happen only during CLOSED session. 

These discussions need to be during OPEN session to comply with the Ralph Brown Act. 

From: Ferguson, Laura <>
Date: Mon, Apr 29, 2019 at 8:30 PM
Subject: May 7th Council Meeting Agenda
To: Makshanoff, James <>
Cc: Bane, Dan <>, Ferencz, Veronica <>

Dear James,

Mayor Pro Tem Bane and I would like you (or designated staff) to prepare an agenda report for the May 7th City Council meeting sharing your efforts to develop a plan for the temporary emergency sheltered beds for the homeless (until a regional solution is available) which City Council gave direction to you to do one and a one-half months ago.

To not place this on the City Council agenda on May 7th and every agenda going forward until we have a shelter plan in place, and to continue holding this conversation in closed session without properly noticing it on the agenda, is a Brown Act violation. It is time for a public update on this as well as a public discussion on solving this problem. North Beach in particular is a growing concern and the longer we go without a plan to offer beds to those experiencing homelessness, law enforcement cannot enforce the city’s anti-camping laws because there’s no option for sleeping indoors and therefore government cannot criminalize people for sleeping outdoors on public property without exception. Further, we have the potential to pose a public health and safety risk not only to those who are homeless but to the public at-large.

Between Mayor Pro Tem Bane and I, we have separately spoken with and met with elected officials in other cities, and visited a shelter in North County and have attended meetings/forums with speakers and panelists with expertise on addressing homelessness. We have gained knowledge and first hand accounts on how swiftly some cities are responding to this crisis. We have also been meeting with the human affairs committee to develop our own city town hall on homelessness for mid-June but before then we will bring an agenda report back to City Council as required by our fellow members of council when our request for this town hall was approved.

I will be sharing this correspondence on social media so the public, many who have been writing us frequently since the last council meeting, can see how transparent and collaborative we want to be in working together to come up with a viable plan since we do not have sheltered beds available, yet.

Thank you for your timely attention to this matter of utmost concern to our community.


Councilwoman Laura Ferguson 
Mayor Pro Tem Dan Bane