Homeless Encampment Management Procedures
DRAFT
Administrative
Regulation No. 7.01.100
Homeless Encampment Management Regulation Page 1 of 14
AR No. 7.01.100 (XXXXXXX)
1. Overview of Purpose and Scope of this Regulation
1.1 The purpose of these “Homeless Encampment Management Procedures” (which may be referred to herein as “this Policy”) is for the City Manager to provide direction to City staff regarding cleanup and enforcement activities by City staff at and around homeless encampments that are located on public property that is owned or controlled by the City.
1.2 Camping and attendant accumulations of possessions and waste in public places often negatively impacts general health, safety, and well-being not only of those experiencing homelessness, but the entire community. Through the implementation of this policy, the City will focus enforcement of the City’s anti-camping and anti-storage laws to best protect critical aspects of public health, safety and public infrastructure while recognizing and protecting the rights and needs of the unsheltered population.
1.3 The City has authority to prohibit camping and storing personal items in public places (see Napa Municipal Code (“NMC”) Chapter 12.65, specifically Sections 12.65.030 and
12.65.040). The Supreme Court of the United States has recently addressed local jurisdiction’s rights to enforce camping and storage provisions as it pertains to the 8th Amendment of the United States Constitution, however the City’s authority remains subject to the 4th amendment of the United States Constitution. Additionally, clearing homeless encampments does not directly resolve the instance of homelessness unless there is sufficient shelter or housing opportunities, which even then, cannot be forced upon individuals experiencing homelessness. Finally, the City of Napa has finite resources that require prioritization. This policy seeks to balance these important competing public interests by focusing cleanup and enforcement efforts on a prioritized set of significant public health and safety concerns while humanely and respectfully assisting homeless people by providing access to shelter and services.
1.4 The City’s priorities for cleanup and enforcement activities at and around homeless encampments are:
a. Hazardous Materials: Removal of Fire Hazards and Hazardous Materials from all encampments on City Property.
b. Hazardous Conditions: Abatement of Hazardous Conditions existing in all encampments on City Property.
c. High Sensitivity Areas: Rapid removal of homeless encampments in areas identified as High Sensitivity areas.
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Homeless Encampment Management Procedures
DRAFT
Administrative
Regulation No. 7.01.100
Homeless Encampment Management Regulation Page 2 of 14 AR No. 7.01.100 (XXXXXXX)
1.5 The City of Napa, and a joint powers agreement with the County of Napa, provides outreach, sheltering, housing navigation, and housing assistance services that are available to anyone experiencing homelessness. Intervention staff from the City of Napa and contract homeless outreach providers visit encampments and provide services and referrals to shelter and other community services. Outreach staff shall actively engage and offer services to individuals that may be impacted by cleanup, removal, or enforcement actions.
1.6 This policy does not apply to public safety emergencies requiring an immediate fire, medical, or police response. These emergencies shall be reported by dialing 9-1-1, or directly to a public safety official, and the relevant department shall respond under the laws, regulations, and policies under which they operate.
2. Definitions
“Chief Building Official” means the City’s officer conferred with that title, or other designated authority charged with the administration and enforcement of the building, housing, plumbing, electrical and related codes, as provided by Title 15 of the NMC. “City Property” means real property whether outside or within the City limits which the City owns, leases, has a right of way or other easement right, licenses, or otherwise controls. “Critical City Infrastructure” means infrastructure on City Property that is not open to access by the general public and which, as determined by the Public Works Director or Utilities Director, provides a public benefit to the community that could be detrimentally impacted by unauthorized access by the general public. Examples include the structural or other engineering elements of bridges and public buildings, and facilities that support the provision of safe and clean water. Some elements of Critical City Infrastructure are identified on Exhibit “A,” attached hereto and incorporated herein by reference.
“Encampment” means any area on City Property which has one or more of the following elements:
• A group of people sleeping outside in the same location for a sustained period. • The presence of some sort of physical structures (e.g. tents, tarps, makeshift structures) • The presence of personal belongings placed in a public right of way (e.g. coolers, bicycles, mattresses, clothes)
• The existence of social support or a sense of community for residents.
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Homeless Encampment Management Procedures
DRAFT
Administrative
Regulation No. 7.01.100
Homeless Encampment Management Regulation Page 3 of 14 AR No. 7.01.100 (XXXXXXX)
“Fire Hazards and Hazardous Materials” means materials which, as determined by the Fire Marshal, present a risk to the health or safety of people, animals, or the environment. Currently identified Fire Hazards and Hazardous Materials are identified on Exhibit “B,” attached hereto and incorporated herein by reference.
“Fire Marshal” means the City employee designated by the City Manager or Fire Chief to manage fire prevention activities within the City of Napa. “High Sensitivity Area” means locations where the health and safety impacts of homeless encampments are deemed critical due to the potential impact on critical city infrastructure, restriction of public amenities, significant obstructions to accessing public services, residences, businesses, or emergency routes and right of ways, where the City would prioritize maintaining the area free of homeless encampments, regardless of size. “Homeless Programs Director” means the City employee designated by the City Manager to lead homeless services efforts for the City of Napa.
“Personal Belongings” means items belonging to a person that can be transported or carried from place to place. The following Personal Belongings that are not a health or safety hazard and in plain sight will be collected and stored:
• Items that have an apparent value of $50 or more
• Eyeglasses, operational wheelchairs, walkers, crutches, or other medical devices • Tents (habitable and uncontaminated)
• Personal papers such as photographs, albums, IDs, bank statements, legal papers, etc. • Bicycles, scooters, strollers in good repair
• Backpacks and containers that appear to be in good condition and free of hazardous materials.
The following items ARE NOT considered Personal Belongings:
• Toxic sharps, needles, scissors and knives
• Chemicals including bleach, paint, oils, etc.
• Mattresses
• Items (including bedding and clothing) soiled by infectious materials, human waste, or bodily fluids
• Perishable items
• Moldy or mildewed items
• Items that may be infested by rodents, insects, rats, mice, fleas, lice or bed bugs • Items that pose a risk of fire or explosion, including wood materials, combustibles, propane tanks, or any item containing fuel or other unidentifiable liquids ATTACHMENT 1
Homeless Encampment Management Procedures
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Regulation No. 7.01.100
Homeless Encampment Management Regulation Page 4 of 14 AR No. 7.01.100 (XXXXXXX)
• Backpacks or closed containers that have been determined to contain items listed above • If personal belongings are co-mingled or littered with needles, human waste, or other health risks, employees/contractor may dispose of the entire pile of belongings and are not required to sort through or attempt to remove the health and safety risks. “Public Works Director” means the person designated by the City Manager under NMC Chapter
2.40, or a designee under NMC Section 1.04.060.
“Utilities Director” means the person designated by the City Manager under NMC Chapter 2.40, or a designee under NMC Section 1.04.060.
“Hazardous Conditions” means anything designated by City Officials as causing a significant risk of damage or injury to the health or safety of the occupants of an encampment or the public, including, without limitation, risks of fire or structural damage resulting from dwellings or structures using wood or other hard materials to create one or more walls and/or a roof.
3. Regulations. The City Manager hereby authorizes the Homeless Programs Director to manage and direct City staff (subject to limitations on available City resources) to establish schedules to implement the actions set forth in this Policy. For the purpose of this Policy, the phrase “City staff” includes the possible use of persons under contract with the City.
3.1 Encampment Management Committee
3.1.1 The City shall create and maintain an Encampment Management Committee under the facilitation of the Homeless Programs Director. The purpose of the Encampment Management Committee is to review requests for abatement or management of homeless activities and encampments and make decisions around the prioritization or resources and identification of homeless encampments and activities in High Sensitivity Areas. The Encampment Management Committee shall consist of the following members:
• Homeless Program Director (Chairperson)
• Police Chief or Designee
• Fire Chief or Designee
• Director of Public Works or Designee
• Director of Utilities or Designee
• Director of Parks and Recreation or Designee
• Compliance Programs Manager or Designee
• Chief Building Official or Designee
• Homeless Intervention Coordinator(s)
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Homeless Encampment Management Procedures
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Administrative
Regulation No. 7.01.100
Homeless Encampment Management Regulation Page 5 of 14 AR No. 7.01.100 (XXXXXXX)
3.1.2 The Encampment Management Committee will be responsible for designating High Sensitivity Areas to prioritize for rapid removal of encampments. The following factors shall be considered by the Encampment Management Committee when designating High Sensitivity Areas and determining the prioritization of areas designated High Sensitivity Areas. No one factor will mean an automatic designation of a High Sensitivity Area; the Encampment Management Committee will consider the severity of each factor:
• Proximity of less than 150 feet to any school, childcare center, public playground, public sport courts or fields, or business that solely serves youth under the 18
• Proximity of less than 150 feet to any homeless shelter or permanent supportive housing complex
• Proximity of less than 150 from Critical City Infrastructure • Proximity of less than 25 feet of a bus stop
• Proximity of less than 25 feet of any fire hydrant, fire access path, or fire station
• Proximity of less than 25 feet of any police station
• Proximity of less than 50 feet from unfenced entry points of a residence (i.e. front door, back door, garage)
• Proximity of less than 50 feet from the main entrance of a retail business • Proximity of less than 150 feet of a high-water mark or any waters where failing to control property, trash, or other materials may result in them entering the waterway
• Number of calls to dispatch for activities reporting crimes in violation of the California Penal Code, Welfare and Institutions Code, California Vehicle Code, and/or Streets and Highways Code
• Number of criminal reports taken and substantiated
• Number of calls to dispatch for fire activity that prompts a response from the Napa Fire Department
3.2 Removal and Disposal of Fire Hazards and Hazardous Materials at Encampments
3.2.1 City staff or contractors will monitor and remove all Fire Hazards and Hazardous Materials from encampments located on City Property.
3.2.2 Fire Hazards and Hazardous Materials may be removed from encampments without prior notice if the Fire Marshal or Chief Building Official determines it is necessary to ATTACHMENT 1
Homeless Encampment Management Procedures
DRAFT
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Regulation No. 7.01.100
Homeless Encampment Management Regulation Page 6 of 14 AR No. 7.01.100 (XXXXXXX)
address an immediate threat to public safety. Otherwise, City staff will post written notice no later than 72 hours prior to removing or abating any Fire Hazards or Hazardous Materials The written notice will be posted at a location that is designed to be visible by people who are using the encampments. City staff will also endeavor to provide other verbal notice to people who are using the encampments prior to removing or abating any Hazardous Condition.
3.2.3 City staff will dispose of Fire Hazards and Hazardous Materials in accordance with applicable federal and State laws. However, Personal Belongings removed from encampments will be treated as set forth at section 4.3, below.
3.3 Removal, Abatement and Disposal of Hazardous Conditions at Encampments
3.3.1 City staff will monitor and abate Hazardous Conditions from encampments on City Property.
3.3.2 Hazardous Conditions may be removed or abated from encampments without prior notice if the Fire Marshal or Chief Building Official determines such action is necessary to address an immediate threat to public safety. Otherwise, City staff will post written notice no later than 72 hours prior to removing or abating any Hazardous Condition.
The written notice will be posted at a location that is designed to be visible by people who are using the encampments. City staff will also endeavor to provide other verbal notice to people who are using the encampments prior to removing or abating any Hazardous Condition.
3.3.3 City staff will dispose of any equipment, materials or structures constituting the Hazardous Condition in accordance with applicable federal and State laws. However, Personal Belongings removed from encampments will be treated as set forth at section 4.3, below.
3.4 Removal of Encampments in High Sensitivity Areas
3.4.1 City staff will promptly remove all encampments on City Property designated as High Sensitivity Areas.
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Homeless Encampment Management Procedures
DRAFT
Administrative
Regulation No. 7.01.100
Homeless Encampment Management Regulation Page 7 of 14 AR No. 7.01.100 (XXXXXXX)
3.4.2 City staff will post a written notice at a location that is designed to be visible by people who are using the encampments, when encampments or personal belongings are removed from High Sensitivity Areas. City staff will also endeavor to provide other verbal notice to people who are using the encampments prior to removing or abating encampments in High Sensitivity Areas. Upon removal of encampments or personal belongings, City staff will post a written notice of the removal at a location that is designed to be visible by people who using the encampment.
3.4.3 City staff will dispose of any equipment, materials, or structures on High Sensitivity Areas in accordance with applicable federal and State laws. However, personal belongings removed from encampments will be treated as set forth at section 4.3, below.
4. Disposal and Storage of Items Removed from Encampments
4.1 Except when immediate action is required to protect public safety, City Staff will provide encampments and individuals with written information regarding enforcement and any planned enforcement activity, including removal of and storage of materials pursuant to this policy. See Exhibit C for examples of written information. City staff will also endeavor to provide verbal notice to individuals using encampments.
4.2 Encampment removal activities will be planned and coordinated amongst City Staff under the direction of the Homeless Program Director and the Encampment Management Committee. City staff shall be responsible for preparing and maintaining written and visual documentation of all clean-up and removal and storage efforts. Documentation shall include: dates of clean-ups or removal of materials or encampments, a description of the condition of the encampment, a copy or photograph of documentation provided to encampment occupant(s), photographs or video of the encampment prior to removal of any materials or the entire encampment, photos or any notices or notes left for encampment occupant(s) after clean-up.
4.3 Personal Belongings removed from encampments by City Staff pursuant to this regulation shall be held in storage for no less than 90 days in accordance with Police Department policies on the storage of personal belongings. Every effort shall be made to leave a written notice that items were removed and how items can be claimed. Items may be claimed by visiting the Napa Police Department or calling (707) 257-9479. Items not retrieved within 90 days will be discarded.
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Homeless Encampment Management Procedures
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Administrative
Regulation No. 7.01.100
Homeless Encampment Management Regulation Page 8 of 14 AR No. 7.01.100 (XXXXXXX)
4.3.1 Depending on storage space available, storage of Personal Belongings may be limited.
If items cannot be stored, 72 hours’ notice will be provided to allow the owner to relocate items.
5. Providing Information to the Public
5.1 The Homeless Programs Director shall provide information and notices to the public regarding this regulation, and the efforts City staff has taken in implementation of this regulation, on the City’s Homeless Services web page.
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Homeless Encampment Management Procedures
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Administrative
Regulation No. 7.01.100
Homeless Encampment Management Regulation Page 9 of 14 AR No. 7.01.100 (XXXXXXX)
Exhibit A- List of Critical City Infrastructure
“Critical City Infrastructure” means infrastructure on City Property that is not open to access by the general public and which, as determined by the Public Works Director or Utilities Director, provides a public benefit to the community that could be detrimentally impacted by unauthorized access by the general public. Examples include the structural or other engineering elements of bridges and public buildings, and facilities that support the provision of safe and clean water. Some elements of Critical City Infrastructure are identified below, however this list may not be exclusive.
Facility Carried-Bridges Feature Intersected Location
Trancas Street Napa River 1.3 MI E SR 29
Jefferson Street Napa Creek At Cedar Ave
Lincoln Ave Napa River Just W SR 121
Third Street Napa River Just W Soscol Ave
Soscol Ave Napa River 0.1 MI S First St
Redwood Road Redwood Creek At Dry Creek Road
Main Street Napa Creek Southeast Pearl St
Big Ranch Road Salvador Overflow 0.3 MI N Trancas St
Shurtleff Ave Tulocay Cr (Cayetano Cr) At Wyatt Rd
Seminary St Napa Creek At Arroyo
Pearl Street Napa Creek Btwn Main and Coombs Sts
West Pueblo Ave Redwood Creek At Rancho Drive
Wine Country Ave Napa Drain At Solano Ave
California Blvd Napa Creek 0.2 MI N First St
Villa Ave Silverado Creek 0.35 MI N/O Trancas Str
Soscol Ave Napa River Bypass Btwn First and Pearl Str
First Street Napa Cr & River Overflow Just E of West Street Jefferson Street Napa Drain Just N of Trower Ave
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Homeless Encampment Management Procedures
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Administrative
Regulation No. 7.01.100
Homeless Encampment Management Regulation Page 10 of 14 AR No. 7.01.100 (XXXXXXX)
Trower Ave Napa Drain Just E of Jefferson St
First Street Napa River 0.1 MI W OF SR 121
Skylark Way Browns Valley Creek 0.1M N OF Tall Grass Dr Meadowbrook Drive Browns Valley Creek Just S of Tall Grass Dr Tall Grass Drive Browns Valley Creek Just S of Partrick Rd Terrace Drive Camille Creek North of Kansas Ave
Shurtleff Ave Camille Creek South of Seville Dr
Shetler Ave Camille Creek East of Shurtleff Ave
Robinson Lane Browns Valley Creek 0.16 MI North of Browns Valley Rd Browns Valley Road Browns Valley Creek Btwn Thompson Ave and Thronhill Dr McCormick Ln Browns Valley Creek 0.12 MI South of Browns Valley Rd.
Buhman Ave Browns Valley Creek Near Browns Valley Rd.
Morningside Drive Browns Valley Creek Near Partrick Rd
Salvador Ave Napa Drain Btwn Solano Ave and SR 29
Solano Pedestrian Bridge Napa Drain West of SR 29 @ Vine Trail Byway East Napa Drain/Salvador Creek North of Valencia Street Garfield Ln Pedestrian Bridge Salvador Creek End of Garfield Ln Senior Center Pedestrian Bridge Napa Creek East of Jefferson Street Hidden Pedestrian Bridge Napa Creek SW corner of Pearl & Main Sts towards Shopping Mall Main St Exchange Pedestrian Bridge Napa Creek
West end of West St towards Napa Valley Opera
House
Behrens St Pedestrian Bridge Napa Creek End of Behrens St towards Seminary St Coombs St Pedestrian Bridge Napa Creek North end of Coombs St/South end of Brown St Gasser Drive Napa River North of Kansas Ave
Description
Location
Public Works/Lake Park Pump Station and
Outfall Structure 2377A Stonehouse Drive
Utilities/Simi's Pit-Pressure Distribution
Station 1831 Silverado Trail
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Homeless Encampment Management Procedures
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Regulation No. 7.01.100
Homeless Encampment Management Regulation Page 11 of 14 AR No. 7.01.100 (XXXXXXX)
Exhibit B- List of Fire Hazards and Hazardous Materials
• Flammable or combustible fuels
• Generators
• Propane tanks
• Firewood
• Wood or plastic pallets, except for one pallet to raise a tent off the ground • Lumber
• Batteries that are primarily for use on a motor or electric vehicle • Electrical wiring
• Fencing material
• Tires not attached to a bicycle or a legally registered and parked vehicle or motor bike • Motorized vehicles or bikes in areas not permitted for vehicular access in the Napa Municipal Code or other City of Napa policy
• Anything used to create, contain, or employ fire, flames, coals, or other fuel or a heating element of any kind, whether for cooking, heating, or any other purpose • Other flammable or combustible materials determined and documented by the Fire Marshal that creates a significant risk of damage or injury to the occupants of the encampment
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Homeless Encampment Management Procedures
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Administrative
Regulation No. 7.01.100
Homeless Encampment Management Regulation Page 12 of 14 AR No. 7.01.100 (XXXXXXX)
Exhibit C-Sample Written Notices
Template #1: 72 Hour Advance Notice
ORDER TO VACATE
72 HOUR NOTICE OF CLEANUP AND PROPERTY REMOVAL
DATE/TIME POSTED: ______________________________
DATE/TIME PROPERTY WILL BE REMOVED:__________________________ LOCATION:___________________________________________________ All personal belongings left in this area on that date will be removed. Personal belongings that are soiled, unsanitary, verminous, perishable or a safety hazard will be thrown away. Personal Belongings that are sanitary and saleable or useable or otherwise reasonably appear to be of value, will be stored for 90 days. If the Personal Belongings are not claimed by the owner in 90 days, they will be disposed of.
Property belongings will be held at the Napa Police Department at 1539 1st Street in Napa. Property can be claimed by calling (707) 257-9479, Monday through Friday from ** to ** or visiting the Napa Police Department.
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Homeless Encampment Management Procedures
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Administrative
Regulation No. 7.01.100
Homeless Encampment Management Regulation Page 13 of 14 AR No. 7.01.100 (XXXXXXX)
Template #2: Immediate Removal Notice
Notice of Encampment Removal
WHEN
Date and Time
WHERE
Location
NOTICE IS HEREBY GIVEN
This area is identified as a High Sensitivity Area, and all items were removed without notice pursuant to City of Napa policy. Attempts to reestablish occupancy or store materials in this area will also result in immediate removal.
Per City Policy, the following Personal Belongings that are not a health or safety hazard and in plain sight were collected and stored:
• Items that have an apparent value of $50 or more
• Eyeglasses, operational wheelchairs, walkers, crutches, or other medical devices • Tents (habitable and uncontaminated)
• Personal papers such as photographs, albums, IDs, bank statements, legal papers, etc. • Bicycles, scooters, strollers in good repair
• Backpacks and containers that appear to be in good condition and free of hazardous materials.
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Homeless Encampment Management Procedures
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Administrative
Regulation No. 7.01.100
Homeless Encampment Management Regulation Page 14 of 14 AR No. 7.01.100 (XXXXXXX)
Personal Belongings removed can be reclaimed by calling (707) 257-9479 or visiting the Napa Police Department at 1539 1st Street in Napa. Belongings will be held for 90 days. Any items remaining after 90 days will be disposed of.
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