Malibu Clears Out Las Tunas Homeless Encampment

MALIBU, CA — The city of Malibu announced Thursday that after three fires in short succession, it is working "aggressively in coordination with the LA County Sheriff's Department to remove encampments around the city within the considerable constraints of the law."

A letter from City Manager Reva Feldman said that the city has initiated an "extensive cleanup" Thursday of an encampment located near Tuna Canyon and Pacific Coast Highway. Feldman said that after securing a Letter of Agency from the property owner on Nov. 10, a team from the Sheriff's Department, Fire Department, numerous city agencies, and the Los Angeles Homeless Services Authority traveled the area last Friday to advise residents that the area was going to be cleared out.

The move comes in response to three fires started near the eastern Malibu encampment. Last Friday, a one-two-acre brush fire started at around five in the morning. Although it did not damage any structures, a stretch of PCH was shut down for about three hours. A man believed to be homeless or transient was taken into custody later that day on suspicion of causing the fire.

Two other fires are believed to have stemmed from this encampment, according to the letter and reporting in the Malibu Times. Feldman said that although the fires were not destructive, they occurred during peak wildfire season.

"The City's top priority is protecting public safety, and the number one public safety threat to the community is wildfire, so this is extremely concerning," she wrote. "While the City is committed to addressing homelessness in the community, supporting effective and compassionate outreach and services, the City also considers homeless encampments a hazard to public safety, public health, and the environment."

Feldman said that the city and Lost Hills deputies continue to monitor other hot spots in town, including the Civic Center area, where an individual allegedly caused a warming fire, and returned after he was removed; Legacy Park, where the city has initiated a weekly cleanup strategy; and Corral State Beach, where the city has been working with the Department of Beaches and Harbors to remove encampments.

Feldman said that the city is embarking on these removals despite the "considerable constraints of the law." The Martin v. Boise ruling from the 9th Circuit Court of Appeals prohibits the city from enforcing ordinances prohibiting camping in public places if there are not adequate shelter beds in the area. In order to enforce anti-camping laws, the city must provide alternative sleeping locations, which it does not currently possess. However, the city is permitted through an ordinance last year to remove encampments during Red Flag fire conditions.

If an encampment is located on private property, the city must obtain permission of the property owner, which it did last week in the case of the Tuna Canyon encampment. If the encampment is located on public property, homeless outreach workers must work with the individuals first, provide a minimum of 72 hours notice, and post appropriate signage.

Incoming Councilmember Bruce Silverstein believes the city has the legal right to remove these encampments. In a blog post, Silverstein wrote that Martin decision does not provide protection for people trespassing on private property, the area from which the three fires are believed to have originated. He also said that the Martin decision does not prevent the government from enforcing laws designed to protect the "health, safety, and welfare of the community."

Silverstein also believes that the city does not need a letter of agency to deal with an unlawful fire, and advocated that the city proactively ask for owners of vacant parcels to consent to a letter of Agency at the risk of being fined or being held civilly liable for damages related to a fire. He also said that the city has the power to adopt ordinances requiring the owners of vacant property to take steps to prevent their property from becoming a public nuisance.

"The Martin decision does NOT, in any way, impair Malibu’s right to enforce laws that prohibit unpermitted outdoor fires. Anyone who claims otherwise is uninformed or dishonest," he wrote.