Agenda Item A.9
CPMS CONSENT CALENDAR
Meeting Date: September 3, 2024
TO: Mayor and Councilmembers
SUBMITTED BY: JoAnne Plummer, Neighborhood Services Director PREPARED BY: Chuck Flacks, Homelessness Services Coordinator SUBJECT: Response to the 2024 Santa Barbara County Civil Grand Jury Report on “ Homeless Encampments in Santa Barbara County, Becoming Part of the Community Again”
RECOMMENDATION:
A. Review and approve staff’s recommended responses to the Santa Barbara County Civil Grand Jury Report regarding – “Homeless Encampments in Santa Barbara County, Becoming Part of the Community Again”; and
B. Authorize the City Manager to sign and transmit the City’s Respons e to the Presiding Judge, Honorable Pauline Maxwell of the Superior Court, a copy to the current impaneled Grand Jury, and to file a copy with the City Clerk’s Office.
BACKGROUND:
On June 25, 2024, the City received the Santa Barbara County Civil Grand J ury report entitled “ Homeless Encampments in Santa Barbara County, Becoming Part of the Community Again” (Attachment 1) (Hereafter referred to as GJR) . The subject of this investigation and report was the County of Santa Barbara’s Community Services Department’s Encampment Resolution Strategy and its working partnerships with many County and city departments and non -profit organizations to provide servi ces more directly and effectively. This collaborative effort has garnered three separate California Encampment Relief Grants (CERF 1, 2, and 3) for $2.5 million, $6 million, and $8 million, respectively in that order, over the last three years.
California Penal Code 933(c) states “no later than 90 days after the Grand Jury submits a final report on the operations of any public agency subject to its reviewing authority, the governing body of the public agency shall comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the control of governing body.” It further states “All of these comments and reports shall forthwith be submitted to the Presiding Judge of the Superior Court who impaneled the Grand Jury." 1 Meeting Date: September 3, 2024
The City of Goleta received the GJR on June 25, 2024. Therefore, the City Council is required to respond to this report by September 23, 2024.
DISCUSSION:
The 2024 Santa Barbara County Grand Jury studied the multi -agency efforts that the County of Santa Barbara’s Community Services Department used to implement their Encampment Resolution Strategy. The Grand Jury specifically examined the roles of Public Safety, Housing, Mental Health, Health, Funding, and the Environment as they pertained to the collaboration of public agencies and nonprofit organizations with new and existing resources. Their research findings included:
Public Safety
Fire Department – Eight percent (8%) of calls were “transient-related” from 2020- 2023. During this time frame, five homeless encampments were destroyed by fire and two were abandoned. The Fire Department respond ed humanely to encampment concerns about fire safety and has partnered with the County Department of Behavioral Wellness to consider co-response teams. Law Enforcement – The GJR found that while significant police resources in Santa Maria, Santa Barbara and Lompoc are devoted to homeless encampments, the GJR also concluded that solving homelessness does not include sending people to jail. The GJR further noted that the presence of law enforcement in encampments has harmed efforts by social service personnel and non -profit volunteers to help people experiencing homelessness because of fear and distrust of officers.
Encampment Sweeps – The G JR recognized environmental, aesthetic, and safety concerns raised by the presence of encampments. The GJR reported the fact that the County, in conjunction with cities, CalTrans and Union Pacific Railroad have cleared 700 encampments since 2021. The GJR noted the difficulties in terms of personnel, equipment and costs of clearing encampments ; and that residents of encampments do not always have access to shelter. The GJR further recognized that this is a multi-disciplinary effort involving non-profit organizations, law enforcement, and public agencies.
Flooding – Citing recent wet weather and reservoir overflow, the report noted the dangers of flooding to encampment residents. The GJR pointed out that the Sheriff’s Office has mounted concerted efforts using helicopters, drones, and foot patrols to warn people near waterways of imminent danger.
Housing
Point In Time Count – The GJR mentioned the County’s Annual Point in Time Count using primarily volunteers. The report erroneously stated that encampments were not counte d; however, according to County Point in Time County officials , 2 Meeting Date: September 3, 2024
local nonprofits were specifically tasked with counting people in encampments as a separate exercise. The report found that between 2022 and 2023 there was a
3.7% decrease in people counted, but a 12% increase in people counted between 2023 and 2024.
Housing Inventory – The G JR acknowledged that “the biggest challenge to encampment resolution is the lack of affordable housing.” While stating that 787 beds dedicated to people experiencing homelessness have been created countywide, the GJR did not distinguish between interim housing and permanent housing. The GJR did not identify the full range of units of permanent housing developed, nor d id it note that the Dignity Moves projects in Santa Barbara and Santa Maria were, in fact, interim housing.
Housing Resistance – The G JR stated (with no supporting documentation) because “encampment residents would prefer housing where they can maintain their independence” that only 20% of people have accepted congregate shelter beds, and 35% of encampment residents have “elected to recamp.” The GJR quoted “Encampment Strategy Plan staff” who stated, “that without provisions for partners, property, and pets (‘ the three Ps’), inhabitants of encampments often return to the encampments from interim housing.”
Housing Services – The GJR reported that the Dignity Moves projects d id not adhere to Housing First practices. The GJR noted that the County has a “good track record [under Housing First] of 90% retention when treatment is coupled with housing.” The GJR noted that, while the County owns 18 sites zoned for up to 6,000 new units, the costs for development and services were prohibitive. On the other hand, the GJR stated that in 2021 -2023, 700 encampments were cleared and 1,400 people were housed in low-cost units.
Mental Health
Mental Health and Drug Challenges – The G JR cited both the Point in Time Count, and County Department of Community Services estimates on the incidences of mental health problems and substance misuse among people experiencing homelessness. The GJR stated that Point in Time 2024 data estimated that 34% suffered from severe mental illness and 27% had a substance abuse disorder. Whereas Community Services Department staff estimated that mental health issues were present in 50 -60% of encampment residents and 40 - 50% had addictions and/or substance abuse is sues. The GJR then reported opinions without supporting evidence on some of the causes of these issues including trauma. Finally, the GJR reported opinions, without supporting evidence, about the impacts of mental health and drug challenges on the ability of people to function in daily life.
Housing People with Mental Illness – The GJR reported that it found that stable housing is the most important element in treating mental health. The report further identified outreach as an integral step because to gain the trust and cooperation 3 Meeting Date: September 3, 2024
of people experiencing both homelessness and mental health issues, compassionate providers have greater success in the field.
Educating the Public – The GJR received testimony from people who expressed negative feelings about the perception of people experiencing homelessness with mental illness.
Resources for Services – The G JR expressed optimism about the County Department of Behavioral Wellness efforts to extend street outreach, expand crisis units, and improve both training and collaboration. The GJR discussed partnerships with nonprofits. The GJR recognized the growth of the California Advancing and Innovating Medi -Cal (CalAIM) program from 2022 to 2027; however, the report expressed concern whether these increased supports would be sufficient to end homelessness for people.
Health
Challenges – The GJR recognized that the COVID -19 pandemic sparked great concern for people living in both congregate shelters and encampments. In addition to recognizing COVID as a problem, t he GJR noted the following health challenges:
o Lack of access to basic amenities
o Infectious diseases
o Substance abuse
Citing recent research, the GJR identified that “involuntary displacement of people experiencing homelessness possibly contributed to a 15-25% of all deaths among the unsheltered population over ten (10) years.” The G JR also cited data and reporting from the County Department of Public Health Death Report which found that:
o Between 2019 and 2022, 143 people died in homelessness o Leading causes of death were overdoses of drugs and alcohol, cardiovascular disease, and suicide
o Average age of death was 54 compared to 76 in the general population
Responses to Health Challenges - The GJR noted that the positive response to the health challenges has come from multi-disciplinary efforts involving the County Departments of Behavioral Wellness, Public Health and the Public Defender providing outrea ch and healthcare in the field. The report also identified key partnerships with nonprofits such as SBACT, Good Samaritan, and Doctors Without Walls. It expressed optimism over Medi -Cal expansion’s broad coverage for the majority of homeless people in the Homelessness Management Information System.
4 Meeting Date: September 3, 2024
Funding
The GJR recognized that funding for people experiencing homelessness used to be simple charity from traditional organizations like the Red Cross and Salvation Army taken in the form of individual donations. The report lists the range and breadth of funding that has come into the County through its encampment relief efforts:
American Rescue Plan Act (ARPA) funded staff positions at the County of Santa Barbara that allowed for the California Encampment R elief Fund (CERF) applications
The application for CERF 1 (2021) focused on transit corridors yielded $2,520,000 resolving 95 encampments
The application for CERF 2 (2022) focused on creeks and waterways was awarded $6,000,000
The application for CERF 3 (2024) focused on people living in vehicles was awarded $8,000,000
CalAIM (discussed above) will pay for more robust services from eligible service- providers
Increased mental health funding directed to both homeless people and housing will be available through the recently passed Proposition 1 implementation by the State of California
The GJR stated that in April 2024, the County Community Services Department requested $500,000 from the remaining ARPA funds for sanitation services to remove debris and bio hazards from encampments for two years from 2024 to 2026 . The GJR further found that there is $8 million in ARPA funds for future homeless projects over the next two years from 2024 to 2026.
Environment
The GJR called out the destructive environmental impacts of homeless encampments. It cited damage to riverbeds and open spaces through trampling of vegetation and water pollution. The GJR also called out garbage, propane, oil, biowaste, needles and chemical spills as further environmental contaminants. The GJR noted that the County could not rely on CERF funding for clean -up and used ARPA funds for the $375,000 per year for sanitation and $100,000 per year for storage of personal property.
The GJR expressed concern that insufficient public funding was available to manage the large need for clean-up of waste and debris from encampments and restoring the habit from environmental degradation . Some of the gaps were being filled by nonprofit organizations such as Healt h the Ocean, Santa Barbara Urban Creeks Council, and Channel Islands Restoration volunteers.
5 Meeting Date: September 3, 2024
Findings and Recommendations
The GJR concluded with seven findings and seven recommendations that were directed at different public agencies. The City of Goleta was requested to respond only to Findings 2 and 3; and Recommendations 2 and 3, which are listed below.
City of Goleta Response
Pursuant to California Penal Code §933 and 93 3.05, the Santa Barbara County Grand Jury requests each entity to respond to the enumerated findings and recommendations within the specified statutory time limit. Responses to Findings must be agree, wholly disagree, or partially disagree and include explanations.
Furthermore, responses to recommendations shall include one of the following:
Has been implemented, with a brief, summary of the implementation actions taken Will be implemented, with an implementation schedule
Requires Further Analysis, with an analysis completion date of less than six months after the issuance of the report
Will not be implemented with an explanation of why
Finding 2
The negative effects of encampment sweeps can be mitigated when a variety of community resources are present at the time of the clean-up.
City of Goleta Response: Agree
The City of Goleta utilizes a variety of community resources in responding to encampments. The City of Goleta adopted a Homelessness Strategic Plan in 2021 and has created a range of services fr om outreach and housing navigation to Safe Parking for people living in vehicles, to paying for bed reservations in interim housing programs, to directly helping to fund Permanent Supportive Housing.
Recommendation 2
The County and the cities shall ensure that all sweeps occur utilizing a multi-disciplinary approach.
City of Goleta Response: Agree: Has been implemented
Since FY 2021 -2022, the City of Goleta has funded and implemented an outreach and engagement program that combines street-level engagement, interim housing, behavioral health, and public health as the first response to encampments on public property.
6 Meeting Date: September 3, 2024
In general, when an encampment is identified, the outreach team enters the encampment into a cloud-based tracking system, Fulcrum, that is used countywide. This system is used by nonprofit outreach workers, government officials, including City of Goleta employees, and law enforcement.
Once entered and engaged by outreach, the encampment is reported to the City of Goleta’s Neighborhood Services Department. Staff at the City then coordinate the proper response with both contracted providers such as City Net and Santa Barbara County agencies such as Behavioral Wellness and Public Health.
Prior to any discussion of clearing an encampment on public property, the encampment residents receive numerous attempts to provide basic needs, shelter, housing navigation, and other help the person may request (e.g. rides to medical appointments).
Even in areas where public health and safety are deemed to be the primary issue —like fire zones and construction areas—the first response is provided by contracted outreach teams.
In short, the City conducts sweeps with significant efforts to help people find alternatives to living in their encampments, with offers of basic needs and assistance, and implements multi-disciplinary approaches in these efforts as described above.
Finding 3
Encampments lack basic sanitation services.
City of Goleta Response: Agree
The City of Goleta recognizes the threat to public safety posed by encampments that lack any access to basic sanitation services. As a result, the City spends significant funding on environmental clean-up when an encampment has been determined to be abandoned.
City contracted clean-up crews are regularly dispatched to encampments in open spaces and creeks to address biohazards, improperly disposed-of needles, trash and debris.
Recommendation 3
The County and the cities shall make trash cans, port-potties, resources for handwashing, and sharps containers for safe disposal of needles and other hazardous waste available near encampment sites.
City of Goleta Response: Disagree: Will not be implemented
The City of Goleta treats encampments as hazardous to the health of both encampment residents and the surrounding community. For residents, the nature of living outside unsheltered exposes people to a host of real and potential hazards and unhealthy conditions. Not least of these includes the high propensity of alcohol and illegal drug use, sex trafficking, and lack of safety from the use of propane and other fuels. The real and potential fire danger posed by encampments also poses a risk to public health and safety. 7 Meeting Date: September 3, 2024
Given this determination, the City of Goleta’s policy has been to use both the outreach teams described in Recommendation 2, and law enforcement to rapidly move people out of their encampments to shelter or permanent housing. This approach ensures t hat unhoused individuals receive care of the type described in the recommendation, while allowing the City to focus its limited resources on providing the opportunities for shelter.
Implementing Recommendation 3 would require resources from the City of Goleta that are better used for moving people from encampments to housing. Providing sanitation and waste disposal to encampment residents further enables the perpetuation of encampments, when the primary purpose of the City of Goleta’s Homelessness Strategic Plan is to rapidly house people experiencing homelessness. Additionally, these encampments are typically few in the C ity and are quickly moved. Providing these services to those encampments when the encampments will ultimately be removed is an inefficient use of limited resources to provide aid.
Providing services to encampments has been attempted in many major metropolitan areas such as Oakland and Los Angeles, and locally, in the community of Isla Vista with disastrous results. Rather than creating incentives for moving into permanent housing, such services help encampment residents continue to stay in those conditions and reduce the desire of people to seek shelter and housing when offered. The local experience in Isla Vista showed not only this rel uctance to seek shelter but also reports of violence, illegal drug use, prostitution, theft, and vandalism. The Grand Jury recommendation would create a de-facto shelter in an area where the City does not want to create one and reduces the incentive to leave the encampment.
The draft response letter to the Grand Jury is provided as Attachment 2. Staff requests the City Council review and approve the draft response . Staff also requests the City Council to authorize the City Manager to sign the letter includ ing this response for transmittal to the Honorable Pauline Maxwell.
FISCAL IMPACTS:
There are no fiscal impacts to the drafting, approval, and transmission of the response to the Grand Jury’s findings and recommendations.
ALTERNATIVES:
Responses are required by Penal Code 933 and 933.05. As such, there is no alternative to responding to the Grand Jury’s report but altered responses can be requested of staff so long as responses can be submitted to the Grand Jury by the September 23, 2024 , deadline.
LEGAL REVIEW BY: Megan Garibaldi, City Attorney
APPROVED BY: Robert Nisbet, City Manager
8 Meeting Date: September 3, 2024
ATTACHMENTS:
1. Santa Barbara County Grand Jury 2023 -2024 Report, “Homeless Encampments in Santa Barbara County, Becoming Part of the Community Again,” June 25, 2024
2. Draft City of Goleta Response Letter to the Presiding Judge of the Superior Court 9 Attachment 1
Santa Barbara County Grand Jury 2023 -2024 Report, “Homeless Encampments in Santa Barbara County, Becoming Part of the Community Again,” June 25, 2024 10 11
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Attachment 2
Draft City of Goleta Response Letter to the Presiding Judge of the Superior Court
42 CITY COUNCIL
Paula Perotte
Mayor
Luz Reyes-Martín
Mayor Pro Tempore
District 1
Stuart Kasdin
Councilmember
James Kyriaco
Councilmember
District 2
Kyle Richards
Councilmember
CITY MANAGER
Robert Nisbet
September 03, 2024
Hon. Pauline Maxwell
Presiding Judge of the Superior Court
2024 Santa Barbara County Grand Jury
Santa Barbara County Courthouse
1100 Anacapa Street
Santa Barbara, CA 93101
RE: 2024 Santa “Homeless Encampments in Santa Barbara County, Becoming Part of the Community Again”
Dear Judge Maxwell and Members of the Grand Jury,
The City of Goleta is pleased to provide the following responses to the above referenced report as requested in the June 25, 2024, letter to the City:
Finding 2
The negative effects of encampment sweeps can be mitigated when a variety of community resources are present at the time of the clean-up.
City of Goleta Response: Agree
The City of Goleta utilizes a variety of community resources in responding to encampments. The City of Goleta passed a Homelessness Strategic Plan in 2021 and has created a range of services from outreach and housing navigation to Safe Parking for people l iving in vehicles, to paying for bed reservations in interim housing programs, to directly helping to fund Permanent Supportive Housing.
Recommendation 2
The County and the cities shall ensure that all sweeps occur utilizing a multi-disciplinary approach.
43 Santa Barbara County Grand Jury Response
September 03, 2024
City of Goleta Response: Agree: Has been implemented
Since FY 2021 -2022, the City of Goleta has funded and implemented an outreach and engagement program that combines street-level engagement, interim housing, behavioral health, and public health as the first response to encampments on public property.
In general, when an encampment is identified, the outreach team enters the encampment into a cloud-based tracking system, Fulcrum, that is used countywide. This system is used by nonprofit outreach workers, government officials, including City of Goleta employees, and law enforcement.
Once entered and engaged by outreach, the encampment is reported to the City of Goleta’s Neighborhood Services Department. City staff then coordinate the proper response with both contracted providers such as City Net and Santa Barbara County agencies such as Behavioral Wellness and Public Health.
Prior to any discussion of clearing an encampment on public property, the encampment residents receive numerous attempts to provide basic needs, shelter, housing navigation, and other help the person may request (e.g. rides to medical appointments).
Even in areas where public health and safety are deemed to be the primary issue —like fire zones and construction areas—the first response is provided by contracted outreach teams.
In short, the City conducts sweeps with significant efforts to help people find alternatives to living in their encampments, with offers of basic needs and assistance, and implements multi-disciplinary approaches in these efforts as described above.
Finding 3
Encampments lack basic sanitation services.
City of Goleta Response: Agree
The City of Goleta recognizes the threat to public safety posed by encampments that lack any access to basic sanitation services. As a result, the City spends significant funding on environmental clean-up when an encampment has been determined to be abandoned.
City-contracted clean-up crews are regularly dispatched to encampments in open spaces and creeks to address biohazards, improperly disposed-of needles, trash, and debris.
44 Santa Barbara County Grand Jury Response
September 03, 2024
Recommendation 3
The County and the cities shall make trash cans, port-potties, resources for handwashing, and sharps containers for safe disposal of needles and other hazardous waste available near encampment sites.
City of Goleta Response: Disagree: Will not be implemented
The City of Goleta treats encampments as hazardous to the health of both encampment residents and the surrounding community. For residents, the nature of living outside unsheltered exposes people to a host of real and potential hazards and unhealthy conditions. Not least of these includes the high propensity of alcohol and illegal drug use, sex trafficking, and lack of safety from the use of propane and other fuels. The real and potential fire danger posed by encampments also poses a risk to public health and safety.
Given this determination, the City of Goleta’s policy has been to use both the outreach teams described in Recommendation 2, and law enforcement to rapidly move people out of their encampments to shelter or permanent housing. This approach ensures that unhoused individuals receive care of the type described in the recommendation, while allowing the City to focus its limited resources on providing the opportunities for shelter.
Implementing Recommendation 3 would require resources from the City of Goleta that are better used for moving people from encampments to housing. Providing sanitation and waste disposal to encampment residents further enables the perpetua tion of encampments, when the primary purpose of the City of Goleta’s Homelessness Strategic Plan is to rapidly house people experiencing homelessness. Additionally, these encampments are typically few in the City and are quickly moved. Providing these services to those encampments when the encampments will ultimately be removed is an inefficient use of limited resources to provide aid.
Providing services to encampments has been attempted in many major metropolitan areas such as Oakland and Los Angeles, and locally, in the community of Isla Vista with disastrous results. Rather than creating incentives for moving into permanent housing, such services help encampment residents continue to stay in those conditions and reduce the desire of people to seek shelter and housing when offered. The local experience in Isla Vista showed not only this reluctance to seek shelter but also reports of violence, illegal drug use, prostitution, theft, and vandalism. The Grand Jury recommendation would create a de-facto shelter in an area where the City does not want to create one and reduces the incentive to leave the encampment.
45 Santa Barbara County Grand Jury Response
September 03, 2024
Thank you for the opportunity to comment on this Grand Jury Report.
Sincerely,
Robert Nisbet
City Manager
cc: JoAnne Plummer, Neighborhood Services Director
Santa Barbara County Grand Jury
Digital Copy to: [email protected]
46