CITY COUNCIL STAFF REPORT
Meeting: October 15, 2024
Subject
Study Session on Unhoused Services and Programs
Recommended Action
Staff recommend the City Council to consider the following options:
1. Continue the current model based on the City's Unhoused Task Force, Process for Assisting Unhoused Residents, and partnerships with the County of Santa Clara to measurably serve the City based on the relative needs of existing unhoused residents, including continuing to seek partnerships and possible grant opportunities.
OR
2. Direct the City Manager to propose an item for the Fiscal Year 2025-2027 City Work Program to develop an encampment management policy by evaluating examples from other jurisdictions in the Bay Area and incorporating best practices for review by the City Council.
Executive Summary
Homelessness is a complex, regional problem. The City has procedures in place and employs strategies to collaboratively, equitably, and humanely address the unhoused encampments, balancing the safety and cleanliness of City streets and the rights and needs of unhoused individuals. The City partners with Santa Clara County and West Valley Community Services to provide outreach and engagement services. The City Manager's Office also leads the Unhoused Task Force—a cross-agency, multi-sector team that operates without a budget, relying on the collaboration and expertise of staff and department resources.
The City Council has requested a study session on the status of unhoused services and relative needs in the City following the U.S. Supreme Court's recent ruling in City of Grants Pass v. Johnson, 603 U.S. ___ (2024). The report outlines the legal basis for
unhoused services, highlights existing services in the City, reviews processes for encampment resolution, and provides an overview of processes initiated in similar jurisdictions. The report is divided into the following key sections:
• Background
• Current Status of Unhoused Individuals in Cupertino
• City's Unhoused Task Force
• Countywide Service Model: Office of Supportive Housing • Overview of Local Jurisdictional Programs
• Potential Options Forward
Background
There are many concerns about environmental, health, and safety issues related to homeless encampments in Cupertino. Several court decisions until very recently drastically reduced the City's ability to "evict" or "remove" individuals living on public lands, including City-owned property.
Martin v. City of Boise
In 2018, the federal Ninth Circuit Court of Appeals held that imposing criminal penalties for camping or sleeping on public property constituted cruel and unusual punishment under the 8th Amendment of the U.S. Constitution. Martin v. City of Boise, 902 F.3d 1031 (9th Cir. 2018). Subsequent court rulings extended Martin to effectively require an offer of alternative shelter (i.e., a dedicated shelter bed or sanctioned outdoor location) before action could be taken to resolve a homeless encampment. Like other jurisdictions in the Ninth Circuit, the City of Cupertino adopted the practice of offering dedicated shelter before resolving any encampment in a public place. Due in part to limited shelter availability, encampments continue to exist.
2024 Legal Decision
On June 28, 2024, the Supreme Court overturned the Ninth Circuit's Martin v. City of Boise ruling in Grants Pass v. Johnson, 902 F.3d 1031. The Court concluded that enforcing anti-camping ordinances against homeless individuals, as practiced in Grants Pass, Oregon, does not violate the Eighth Amendment's ban on cruel and unusual punishment. This decision eliminates the legal requirement to provide shelter before dismantling an encampment. Consequently, the decision allows cities increased authority to establish encampment regulations tailored to specific health and safety concerns.
The Grants Pass decision does not change other legal obligations that protect the rights of unsheltered individuals, including protections against unreasonable searches and the right to due process. The City protects these rights by posting advanced notices to vacate, evaluating abandoned items at encampments, and storing items of value for up to 90 days.
Current Status of Unhoused Individuals in Cupertino
The Point in Time Count (PIT) is a semi-annual survey that provides a snapshot of the number of sheltered and unsheltered homeless individuals within a specific area on a designated day in January. This count is part of a national initiative led by the United States Department of Housing and Urban Development. The data from the PIT Count is instrumental in understanding the extent of homelessness, identifying trends, assessing needs, and evaluating the effectiveness of interventions.
The PIT Count and subsequent reports show that the City of Cupertino has consistently had fewer homeless individuals than nearby cities. The semi-annual PIT count highlights the city's ongoing efforts, with a significant decrease from 159 individuals in 2019 to 48 in 2023. This data helps identify trends, assess needs, and evaluate intervention effectiveness.
Figure 1: The 2023 Santa Clara County PIT Counts demonstrated a decrease in sheltered and unsheltered individuals
2023 Santa Clara County Point in Time Count
Jurisdiction Total Sheltered and Unsheltered 2019 – 2023 % Change
2022 – 2023
% Change 2019 2022 2023
County Wide 9,706 10,028 9,903 2% -1%
City of Cupertino 159 102 48 -70% -53%
City's Unhoused Task Force
In 2020, the City of Cupertino established an Unhoused Task Force, which convenes representatives from multiple city departments to address homelessness-related issues as they arise. This cross-agency, multi-sector Task Force operates without a dedicated budget, relying on the collaboration and expertise of staff and department resources.
The Task Force's responsibilities include responding to resident inquiries, coordinating with local service providers, addressing encampments, and providing outreach and support to individuals experiencing homelessness. The Task Force follows the City's Process for Assisting Unhoused Residents (Attachment A), which was updated in September 2022. On December 15, 2020, the City Council adopted a resolution endorsing the Santa Clara County Community Plan to End Homelessness 2020-2025 (Attachment B). The Task Force supports Strategy 3: Improving the quality of life for unsheltered individuals and creating healthy neighborhoods for all.
The Task Force includes participation from various departments and organizations, such as the City Manager's Office, the Office of Emergency Management, the Public Works Department, the Community Development Department, the Sheriff's Office, the County of Santa Clara Office of Supportive Housing, and the West Valley Community Services.
The duties of the Unhoused Task Force are multifaceted and essential for addressing the intricate issue of homelessness within the city. In addition to their primary roles, members of the Task Force are involved in:
• Resource Coordination: By leveraging existing resources, the Task Force ensures that services are provided to unhoused individuals and encampments. Outreach
and engagement services provided in kind by the county and non-profits help assess and identify specific needs that need to be addressed and tracked by the Task Force.
• Responding to the Community: The Task Force responds to community members and local businesses to raise awareness about homelessness and foster a collaborative approach to addressing homelessness issues. • Partnership Development: The Task Force built cooperative partnerships with agencies not typically linked to Cupertino's unhoused individuals. This includes grants from the County Board of Supervisors, in-kind trash bins from Recology, and entry into the Coordinated Entry System.
• Emergency Response: In times of crisis, such as extreme weather conditions or public health emergencies, the Task Force coordinates with the County of Santa Clara emergency shelter and services to ensure the safety and well-being of the unhoused population.
• Encampment Resolution: When the County and non-profits exhaust available options and the City Manager concludes the encampment presents a health and safety concern, the Task Force coordinates an encampment resolution as a last resort. Once the determination for a resolution has been made, the Task Force conducts the following steps:
o The Task Force coordinates a date and time all services are available. Staff from the City, Sheriff's Office, and any in-kind non-profit support are scheduled.
o Public Works develops a traffic plan if needed to protect staff during the operation. Public Works staff will deploy and retrieve delineators, cones, and barricades as needed, including notifying Valley Transportation Authority of any impacts to bus lines.
o A contractor is engaged to conduct the physical removal of encampment items and clean the area according to environmental regulations. o Code Enforcement posts a notice to the encampment occupants of the City's intent to dismantle the encampment and to have the area cleared of any items that remain at the location.
o Code Enforcement works with the contractor to assess all items remaining and any items of apparent value are stored for up to 90 days.
The posted notice provides guidance to individuals on how to retrieve their belongings.
o The contractor collects debris, cleans the area, and hauls materials away from the location.
o The Task Force confirms the restoration of the site.
Each encampment resolution has resulted in unbudgeted costs to the City.
Contractor expenses related to encampment resolutions have been accounted for in the City Manager's Contingency as needed. While each encampment varies in size and complexity, staff have estimated the costs for a single-occupant encampment below. The estimates do not account for coordinating outreach and
engagement services in advance of the resolution, responding to 311 or email complaints, or in-kind costs from non-profit organizations.
Estimated Costs for Single-Occupant Encampment Resolution Personnel Hours Rate Total
Code Enforcement 3 $264.04 $792.12
Building Official 2 $266.00 $532.00
City Engineer 1 $291.00 $291.00
Public Works Staff 2 $291.00 $582.00
Emergency Manager 2 $193.32 $386.64
Sheriff Deputy 1 $305.35 $305.35
Total Personnel
Hours
11 Total Personnel
Cost
$2,889.11
Contractor
Encampment Resolution Contractor $1,660.65
Estimated Total $4,549.76
As evidenced by the overall reduction in the PIT Count, the Unhoused Task Force's comprehensive approach made a significant impact on the lives of the unhoused community in Cupertino. By leveraging existing resources, the Task Force ensures that the City's response to homelessness is both efficient and effective.
Santa Clara County Grant Funding
Starting in 2023, the Unhoused Task Force partnered with Supervisor Simitian's Office to secure a grant of $50,000 from the Santa Clara County Board of Supervisors. The Task Force secured a second grant in 2024, making the total amount received $100,000 to date.
These funds are designated specifically to enhance the services provided to the unhoused population and are instrumental in bolstering the Task Force's efforts, enabling more comprehensive outreach and robust support, and implementing innovative solutions to homelessness within the community. The first $50,000 grant was awarded in Fiscal Year 2023 - 2024 to bolster the Haven to Home program at West Valley Community Services, a crucial initiative aimed at facilitating transitions from homelessness to stable housing. The County grants have come in support of the City's prior investment into Haven to Home. This funding significantly increased direct services to unhoused individuals by addressing immediate needs.
The City will pursue an agreement using the second $50,000 grant from the Santa Clara County Board of Supervisors to enhance outreach and engagement services for unhoused individuals. The City has limited outreach and engagement services due to the absence of a direct service agreement and dedicated funding. Any outreach and engagement services have been provided in kind by the County or West Valley Community Services. By enhancing these services, the City hopes to significantly
improve the rate of engagement with unhoused individuals and encampments. By leveraging this grant, the City aims to expedite its response to notifications of encampments through Cupertino 311, ensuring the timely provision of assistance and interventions. This approach is intended to address the immediate needs of the unhoused community more effectively, fostering a supportive and responsive environment for all residents.
Countywide Service Model: Office of Supportive Housing
The County of Santa Clara, through its Office of Supportive Housing (OSH), provides a comprehensive system of support for individuals experiencing homelessness. This model includes a range of programs and services designed to assist individuals in securing and maintaining stable housing.
OSH plays a central role in addressing homelessness in Cupertino and neighboring jurisdictions. OSH coordinates a variety of services aimed at preventing and reducing homelessness, including:
• Homelessness Prevention Programs: These programs offer rental assistance, legal services, and financial aid to individuals and families at risk of eviction. • Emergency Shelters and Transitional Housing: OSH manages temporary housing services across the county, though shelters are often at capacity, requiring additional solutions.
• Permanent Supportive Housing: OSH provides long-term housing assistance combined with supportive services to help individuals achieve housing stability. • Rapid Rehousing: This program offers short-term rental assistance and supportive services to help individuals and families quickly exit homelessness and stabilize them in housing.
• Mental Health and Substance Abuse Services: OSH collaborates with local healthcare providers to refer unhoused individuals with mental health or substance dependency issues to available services.
Biannually, the County develops a progress report on the services and programs provided for the unhoused. The 2024 Mid-Year Progress Report on the Community Plan to End Homelessness is available in Attachment B.
Overview of Local Jurisdictional Programs
Staff's initial research of local jurisdictions shows that several cities in the area have adopted diverse policies and strategies to tackle homelessness. These are listed below.
More in-depth research is needed on the effectiveness and impact of these strategies.
Town of Los Gatos
On August 26, 2024, The Town of Los Gatos Town Council authorized the Town Manager to negotiate and execute an Agreement with the County of Santa Clara to provide unhoused engagement services in an amount not to exceed $92,777. The Town
intends to contract unhoused engagement services through OSH to leverage existing contracts, ensure cohesive implementation, and expand on services already provided through OSH. Like Cupertino, the outreach teams currently serve Los Gatos on a limited basis for a few hours a month, when available, as they are responsible for meeting the needs throughout the County. The recommended dedicated funding through their agreement with the County ensures a consistent presence in the Town, enabling outreach teams to build rapport with unhoused individuals. This dedicated funding also allows for coordination between the Town and County staff to identify individuals and geographic areas for deployment, so the outreach is responsive to the Town's needs. The source of the grant funding is the same County grant received by Cupertino in FY 2023/2024 and FY 2024/2025.
City of Morgan Hill and City of Campbell
Morgan Hill and Campbell received the capacity-building grant from Destination: Home to support work related to the 2020-2025 Community Plan to End Homelessness. The three-year partnership has enabled Morgan Hill and Campbell to hire dedicated liaisons on homelessness issues (with a particular focus on Strategy 3: Improving the quality of life for unsheltered individuals and creating healthy neighborhoods for all). The grant requires demonstrated support from each city for the Community Plan to End Homelessness. The grant award in both cities covers the first three years of costs. Long- term funding is needed in both cities for the position.
West Valley Shelter Feasibility Study
The City of Campbell City Council recently allocated $100,000 for a West Valley Shelter Feasibility Study. The study will assess the feasibility of creating a facility to provide temporary or emergency housing for the unhoused population in the West Valley. There are currently 221 homeless individuals in the West Valley (County 2023 PIT count), and no shelters or temporary housing options exist. Campbell anticipates completing MOUs in the coming months, entering into an agreement with Home Base by the end of 2024, and completing the study in 2025.
The study has two parts:
• Evaluate the demographics of the West Valley's unhoused population (data from the Office of Supportive Housing).
• Analyze and recommend facilities and services for temporary housing (options include shelters, hotel rooms, sanctioned camping, and tiny homes) with cost estimates.
City of Berkeley
On September 10, 2024, the City Council of Berkeley, California, approved a policy and made changes to a local ordinance aimed at regulating homeless encampments. This policy establishes location restrictions and designates areas where encampments are allowed while imposing strict rules for their maintenance and hygiene to safeguard the well-being of both housed and unhoused individuals. The policy prioritizes ongoing
shelter offers, with a preference for individual units, but it also explicitly grants the City Manager authority to clear encampments under certain conditions. The policy is noted as a prominent example of City Council direction regarding encampment resolution policy.
Future Potential Options to Consider
While the City has made significant progress in reducing unsheltered homelessness since 2020, the City of Grants Pass ruling has prompted the reevaluation of encampment resolution practices and policies throughout the state. In responding to the ruling, the City Council may wish to take into account the relative success of the City's current practices and the relatively limited scale of unsheltered homelessness in Cupertino, as well as the constraints imposed by the City's extensive reliance on outside agencies and resources to address the needs of unsheltered individuals and the impact of homelessness on the community. Any policy changes adopted by the City of Cupertino should take into account this regional context. For these reasons, staff recommend the City Council consider the following options:
1. Continue the current model of the City's Unhoused Task Force, Process for Assisting Unhoused Residents, and partnerships with the County of Santa Clara to measurably serve the City based on the relative needs of existing unhoused residents, including continuing to seek partnerships and possible grant opportunities.
OR
2. Direct the City Manager to propose an item in the Fiscal Year 2025-2027 City Work Program to develop an encampment management policy by evaluating examples from other jurisdictions in the Bay Area and incorporating best practices for review by the City Council.
Sustainability Impact
No sustainability impact.
Fiscal Impact
Option 1: Continued Support and Partnerships
Should the City Council determine that the existing framework of the City's Unhoused Task Force, the Process for Assisting Unhoused Residents, and partnerships with the County of Santa Clara sufficiently meet the needs of the current unhoused population, the fiscal impact will primarily involve the maintenance of the existing system. Under this scenario, staff will continue seeking partnerships and potential grant opportunities, which could provide supplementary funding. This approach may incur minimal additional costs beyond the current budget allocations, provided that there are no significant changes in service demand or in the costs associated with maintaining the
current level of support. Additionally, the $50,000 grants received from the County of Santa Clara in Fiscal Years 2023 – 2024 and 2024 – 2025 may not continue.
Option 2: Development of an Encampment Management Policy If the City Council directs staff to develop an encampment management policy for inclusion in the Fiscal Year 2025-2027 City Work Program, this will likely require a more substantial fiscal commitment. The creation, implementation, and ongoing maintenance of a new policy will necessitate resources for evaluating best practices, drafting policy documents, and potentially hiring additional staff or consultants. Continuous funding will be required to support the ongoing management and enforcement of the policy. An estimated cost of this option would be provided as part of the Fiscal Year 2025-2027 Work Program process.
California Environmental Quality Act
Not applicable.
_____________________________________
Prepared by: Thomas Chin, Emergency Manager
Reviewed by: Christopher D. Jensen, City Attorney
Tina Kapoor, Interim Assistant City Manager
Approved for Submission by: Pamela Wu, City Manager
Attachments:
A – City of Cupertino Process For Assisting Unhoused Residents B – Santa Clara County Community Plan to End Homelessness 2020-2025 C – 2024 Mid-Year Progress Report on the 2020-2025 Community Plan to End Homelessness
D – City of Berkeley City Council Policy Encampment Policy Resolution to Promote Healthy and Safe Neighborhoods and Related First Reading of Ordinance Amending Chapter 14.48 of the Berkeley Municipal Code