September 17, 2024
Homeless
Services
Report
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Purpose of this Discussion
• Brief Updates
– Grants Pass v. Johnson
– Governor’s Executive Order
– Review abatement resources
• Overview of Revised City Policy
• Council Discussion and Direction
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Point In Time Count Data
January 2023 January 2024 Difference
Overall Count 506 414 -18%
Sheltered 157 211 34%
Unsheltered 349 203 -42%
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City of Grants Pass v. Johnson
• The Grants Pass decision ruled that
enforcing camping or storage ordinances
was not a violation of the 8th amendment’s
cruel and unusual punishment clause. The
decision also clarified that there was no
requirement to offer alternative shelter or
housing when acting to enforce a camping
ordinance.
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City of Grants Pass v. Johnson
• What Grants Pass Did Not Do:
– Address 4th Amendment rights related to unlawful
search and seizures by the Government
– Provide uniform standards for encampment
removal procedures that minimize risk to local
jurisdictions
– Create or provide funding for shelter or housing
units
– Create uniform Federal misdemeanors or felonies
for camping
– Take away the civil right to refuse services or face
punishment
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Governor’s Executive Order
• Directed all State of California Departments that
own public lands to develop encampment
management and removal procedures
• Strongly encouraged local jurisdictions to also
adopt encampment management and removal
procedures
• Since issuance, Governor has been vocal about
expecting cities and counties to act, or risk losing
services funding
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Governor’s Executive Order
• What Executive Order Did Not Do:
– Create or provide funding for shelter or housing
units
– Create uniform State misdemeanors or felonies
for camping
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Proposed City Goals
• Prevent new encampments from forming
• Enroll individuals experiencing
homelessness into shelter and housing
navigation services
• Begin to address and remove existing
encampments
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City Municipal Code
• Provisions on camping, storage and parking last
updated in 1954; superseded in some cases by
State law and case law
• Lacks modern definitions
• Most provisions related to camping and storage
are infractions
• Municipal Code misdemeanors have potential to
be costly
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City Municipal Code
• Municipal Code Misdemeanors
– Requires City to have a City Prosecutor or
contract out for the service
– Requires City to pay for booking fees and daily
jail rates for any pre-trial or post sentence jail
time
– Local jails are not holding misdemeanants,
often released under cite-release provisions or
on own recognizance
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City Municipal Code Updates
• Parking Enforcement
– Defining movement requirements
– Parking of oversized vehicles on City Streets
– Incorporating other Vehicle Codes into
Municipal Code
• Code Compliance
– Various issues that address blight that may be
perceived as related to unsheltered
homelessness
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Challenges
• Abatement and enforcement resources are finite
• Need/demand exceeds capacity
• Shelters are at 90%+ capacity on any given day
• Dedicated permanent homeless units and funding
is fully utilized
• Services cannot be mandated, and some
individuals are service resistant
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Current Resources
• Street Outreach Team- Client Focused
• Homeless Intervention Coordinator
• Overtime shifts for sworn officers
• Contract with abatement company
• Parking enforcement and towing resources
• Funds for private storage when engaged in
programs
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Expanded Resources
• 6 Month Security Officer Pilot Program
• Adding trash/debris removal contractors
• Reprogramming one-time discretionary funds to
prioritize for abatement/enforcement so State
and Federal funds can focus on services
• Service Center Additions:
– Shopping Cart Retrieval
– Report Homeless Abatement Issues
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Proposed City Policy
• Encampment Management Committee:
‒ 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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Proposed City Policy
• Purpose of Encampment Management
Committee:
– Work towards abatement of all encampments and
ongoing maintenance of homeless services issues
– Ensure Fire Hazards and Hazardous Materials are
immediately identified and removed
– Look at all service requests/ Citywide needs and
prioritize resources according to established
criteria
– Consider the “human factor” and cause and effect
of breaking up encampments immediately
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Proposed City Policy
• Defines “Encampment”:
“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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“High Sensitivity Areas”
• 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 an unfenced entry point of a residence • 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
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Proposed City Policy
Other items:
• Defines “Personal Belongings” and what will be
stored for retrieval within 90 days
• Provides procedures for notification of encampment
removal
• Defines what is considered hazardous or fire hazards
for immediate removal, regardless of whether
encampment is removed entirely
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Questions and Feedback
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