Bidwell Park, once an asset, now a liability

  I know you guys discussed more staffing at Chico PD last night – when can we expect regular, morning and evening sweeps of the park?

 Thanks, at your convenience, for your reply – Juanita Sumner

LATER that day…

Ms. Sumner,

 Thank you again for your input.  I’ve cc’d the Police Chief and Public Works Director over Operations on this e-mail, as they may have additional feedback to give.  I can tell you that staff is evaluating every opportunity to move forward with an effort to deal with this situation more aggressively.  One potential program we are working on is furthering the bond between our public works team and the Police department.  They already have a great working relationship, but we’re looking at a creative approach to securing an even smoother ability to deal with these park issues.  It will roll out during the budget process.  As for now, the Police Department and Public Works will continue to monitor and conduct sweeps on a regular basis…although not as often as staff would like to be able to do, simply due to resource constraints. 

Have a great day,

Mark

Here’s where Police Chief Mike O’Brien and Officer Scott Zuchin came into the conversation. O’Brien contacted me on January 18.

“Both the Rangers and our Police Officers move campers out of the Park, but it is helpful to have the specifics as to when and where.  I am including Interim Lieutenant Scott Zuschin in this email and would ask that you reach out to him specifically with the specifics of the camping sites.  I/Lt. Zuschin oversees our Target Team, as well as coordinating with our Rangers in dealing with issues in our city parks.  I will have him coordinate to address these issues.”

The conversation went completely off track at that point because I had cc’d Third District Supervisor Maureen Kirk, and she brought up concerns about her own neighborhood, Cal Park. I casually mentioned to her that I’d seen a tent off Hwy 32 near Cal Park. That got Zuchin off on the wrong track from the get-go. Zuchin responded to Kirk’s concerns, 

“Greetings… The Target team linked up with realtor Tamara Lambert-Valencia from Coldwell Banker DuFour to address the encampment issue near the water tower located inside the new Oak Valley subdivision two weeks ago. This camp is no longer an issue. Target will continue to work with the realtor and developer as crime and safety issues arise. Please give me a call. I can arrange a neighborhood meeting with the Target team to discuss your questions and concerns.”

I was stupid enough to argue with a cop – I had to tell him I’d just seen the dam-ned tent the previous day. At this point I started to detect a little impatience on his part.

Please be more specific then. We may not be speaking about the same location. You may attach photographs to your email if that helps.

I responded with clear directions to the tent, which was set up next to a little creek running alongside the new water tower and subdivision below it. I didn’t get any follow-up. When I sent him photos of a homeless encampment in Bidwell Park the next day, I didn’t get any response.  I realize it was Saturday.   I had complained to O’Brien that there is no way to report illegal camping online, and we’re told the phone is for emergencies, so he gave me Zuchin, who’s only available Monday through Friday 9 – 5. 

So I forwarded that request to Mark Orme the following Monday, asking for follow-up. I told him the campers were still there as of that morning. This was January 23. Orme did not respond to me personally but forwarded my request to Public Works staffer Erik Gustafson.

“Copy, I’ll forward to Rangers right away and have them connect with Sgt. Zuschin for notification status.  Thanks, Erik”

Later on Monday I heard from O’Brien.

“We are looking at Wednesday to have this resolved…PD and Parks are in contact to make it happen.”

By Tuesday, my husband had already noticed, the transients had moved their tents, leaving mounds of trash, including bike parts. I got another note from Gustafson,

“Good Morning.  Wanted to let you know that notice was posted at this particular location yesterday 1/24.  Per our notification terms, they have 48-hours to remove themselves and their property.  If cleanup is needed it will take place on Thursday 1/26.  This location will be included with several others and will be managed by a City Park Ranger, but performed by the inmate Alternative Custody Services (ACS) program.”

48 hours notice? I asked about that.

Thanks for the update.  I read the city code, camping without a permit is illegal. Could you give me a simple explanation, why we have to give these people 48 hours to vacate, especially when there is evidence of criminal activity, like bicycle parts laying all over the ground?  I would appreciate it if you could direct me to the written laws that cover this.

 Gustafson explained, “Good Morning.  The 48-hour notice is used for un-occupied encampments and is intended to give a short amount of time for folks to collect and remove their personal property.  It’s an internal policy based on City Attorney recommendation.  The City Attorney reviewed several cases that had been brought against larger Cities and recommended the notice term.  The term is intended to remove items in a timely fashion while still observing the Fourth and Fourteenth Amendments. “

Here’s the Fourth amendment:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Could anybody explain to me how the above protects someone from being ejected from an illegal campsite? Where does it say you can’t give somebody a ticket for an illegal activity? I’m not a lawyer, but I would say a ticket is proof of probable cause, and notification that your stuff is going to be seized if you refuse to leave or remove your belongings. In fact, the city could put signs up in these areas, saying that camping is illegal and personal belongings left on the premises will be seized and held for 30 days. That would cover the place to be searched, and the persons or things to be seized. Instead they warn these people again and again, cops pretending they don’t recognize the same person they warned for the same offense as little as eight hours previous.

Of course, this rule doesn’t seem to affect clean-up of abandoned sites. Look at some of the pictures I’ve posted – how do you decide, what’s trash, and what’s personal belongings? This all seems very discretionary to me.

Here’s the Fourteenth Amendment, Section 1, which was the only section that applied even remotely to this situation: 

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Yes, it goes back to due process.  The essential problem here is that the city does not have “No Camping” signs or signs which explain the penalties of the ordinance. As far as I know, the city has no penalties for public camping, public defecation/urination, nudity, drug use on city property – none of it. 

In other words, Bidwell Park is open for camping. It’s a de-facto bum camp and they aren’t going to do anything about it.

When I get up the nerve, I’ll contact the assessor’s office and ask them when they will start giving exemptions for properties within close proximity to Bidwell Park.