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CITY OF OAKLAND
2025 ENCAMPMENT ABATEMENT POLICY
I. INTRODUCTION
In December 2019, the Oakland City Council adopted the Permanent Access to Housing (PATH) Framework, which among other things, recommended strategies and interventions to address the growing homelessness crisis in Oakland.
The PATH Framework groups response strategies into three major categories:
1. Prevention: to protect vulnerable tenants from losing the housing they have and stabilizing those most at risk of becoming homeless;
2. Emergency Response: to shelter and rehouse households and improve health and safety on the street.
3. Housing Development: to expand the number of Extremely Low Income (ELI) and Permanent Supportive Housing (PSH) units prioritized for individuals and families experiencing homelessness.
Prevention strategies and affordable housing development strategies are not addressed in this particular policy; however, it is important to acknowledge that the Emergency response strategies outlined in this policy fall within a broader framework to ultimately exit unhoused individuals and families from the homelessness system to permanent housing. Within 90 days of enactment, City Administration shall provide to City Council a written report identifying city properties that could be converted to shelter, low sensitivity areas, and/or safe parking sites.
The PATH Framework specifically called for the development of an Encampment Management Policy to address the adverse health and safety impacts of unsheltered homelessness, with compassion and care to not criminalize poverty. Additionally, the PATH Framework highlights the importance of developing an encampment policy through a race and equity lens, given the disproportionate impact of homelessness on African Americans in Oakland, as well as disproportionate health and safety impacts from encampments on low income communities of color.
A. Equity Considerations
African Americans are disproportionately impacted by unsheltered homelessness. In Oakland, 5370 percent of the homeless population are African American and the vast majority of known encampments at this time are located within communities of concern.
For these reasons, this policy was developed with an intentional focus on the following equity outcomes:
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• Health and safety standards are achieved and maintained for encampment residents who are disproportionately Black, Indigenous, and Persons of Color (BIPOC).
• BIPOC neighborhoods and businesses are not disproportionately impacted by vehicle and street encampments.
• Service provisions close disparities in BIPOC groups’ representation in homelessness.
An equity impact analysis will be conducted in coordination with the City’s Department of Race and Equity after the adoption and implementation of this policy to ensure the stated outcomes above are achieved and maintained.
It is important to note that an equity impact analysis is a comprehensive process that begins during the policy development stage and extends well into the implementation and evaluation stage of the policy process.
To this end, this policy will undergo an semi-annual equity review to determine its effectiveness in relation to the equity indicators and outcomes consistent with the guidance and best practices promoted by the City’s Department of Race and Equity.
B. Public Safety Considerations
It is important to distinguish between public safety “emergencies” and public safety “factors” to determine the appropriate encampment intervention.
Public safety emergencies requiring a fire, medical, and/or police response should be immediately reported to 911, and those departments shall respond according to the ordinances, codes, statutes, and/or regulations under which they operate and are authorized to enforce (e.g., Health & Safety Code, Fire Code, Penal Code, etc.).
The status of being unsheltered does not create immunity from generally enforced state codes and local ordinances. For example, the Oakland Police Department (“OPD”) or other relevant agencies shall conduct investigation of crimes, including property crimes , committed at encampments, especially violent crimes, arson, and narcotics, weapons, or human trafficking, shall be conducted consistent with the laws and policies that currently govern all other criminal investigations, irrespective of location or whether the suspect is sheltered or unsheltered. Although the City does not enforce ordinances or policies that criminalize the “status” of being homeless (e.g. citing or arresting for sitting, lying, or sleeping outdoors), the City will enforce laws, ordinances and policies aimed at punishing criminal conduct unrelated to the status of being homeless (e.g. drug and sex trafficking, arson, assault, vandalism, trespass, property crimes, etc.).
The City shall enforce against all criminal activities in encampments regardless of housing status.
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The City will also enforce California Vehicle Code (“CVC”) and Oakland Municipal Code (“OMC”) violations that address health and safety concerns regardless of an occupant or owner’s homelessness status, as further described in this Policy.
Regarding public safety factors that are not necessarily public safety emergencies (e.g. , accumulation of trash and/or debris, hazardous waste and toxic substances, right-of-way obstructions, distancing of tents, vehicles, structures, etc.), the Encampment Management and Abatement T eam shall determine the level of intervention depending on specific findings, which are presented later in this policy. Certain public safety factors (e.g., imminent damage to critical infrastructure, excessive fires , proximity t o active rail, including BART) may rise to the level of public safety emergencies requiring immediate intervention or urgent health and safety interventions, as further described below in Section III.C.
C. Encampment Management and Abatement Team
The Encampment Management and Abatement Team ( EMT“EMAT”) is an interdepartmental working group tasked with implementing and administering this policy, consisting of representatives from Oakland’s Public Works Department (“OPW”), Human Services Department (“HSD”), Oakland Police Department (“OPD”), Oakland Fire Department (“OFD”), the City Administrator’s Office (“CAO”), and other consulted departments as necessary (e.g., the Mayor’s Office, the City Attorney’s Office, Oakland Parks, Recreation & Youth Development Department Parks and Recreation). The EMTEMAT is facilitated by the CAO via the Homelessness Administrator.
The division of responsibilities between each member department of the EMTEMAT may be adjusted as necessary by the CAO depending on available resources, capacity, and emergency responsiveness. Each department may, from time to time, promulgate additional specific procedures necessary to effectuate the roles and duties described in this policy under department specific Standard Operating Procedures (SOPs). The CAO may also promulgate guidance to all EMTEMAT member departments that further defines each department’s roles and responsibilities. Following adoption of this policy, the CAO shall promulgate SOPs to guide outreach, engagement, transparency to the public (i.e., a public shelter dashboard), managing service providers, offers of services and shelter, transportation, collaboration between Departments, trash reduction, sanitation, storage, tow procedures for inhabited vehicles, and EMAT operations.
The EMAT’s role is limited to addressing the health and safety impacts of encampments on City property. For the purposes of this revised policy, an “encampment” subject to EMAT intervention is any area on City property or in the right of way where one or more individuals or households are living, for longer than 72 hours, in tents or makeshift structures. This definition specifically excludes any type of vehicle, even if a person resides in such vehicle. OPD and DOT are responsible for enforcing the CVC. Nothing in the EAP shall be interpreted to bar law enforcement under the California Penal Code or CVC.
Each stakeholder department:
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• Provides regular input on issues governed by this policy, based in their departmental expertise;
• Participates in collective decision-making for any intervention proposed under this policy;
• Performs any aspect(s) of an intervention delegated to their department once the intervention is approved by the EMTEMAT under this policy; and • Participates as needed in developing procedure(s) to effectuate this policy.
The purpose of this policy is to protect and serve all Oaklanders, sheltered and unsheltered, and to manage the adverse impacts of homeless encampments by balancing the interests of all residents (i.e. unhoused, housed, business community), focusing encampment actions on mitigating negative outcomes as they pertain to public safety, public health, and equity outcomes. This policy aims to:
1. Designate high-sensitivity areas, where unmanaged encampments are presumed to cause unreasonably high levels of health and safety impacts due to the nature of the location;
2. Designate low-sensitivity areas, where enforcement will not be prioritized;
3. Determine findings that will prompt EMAT intervention and situations that authorize other departments to take actions separate from the EMAT;
4. Provide guidance on addressing unreasonable health and safety risks, promoting voluntary compliance, and strategies to address non-compliance.
II. DESIGNATION OF ENCAMPMENT SENSITIVITY AREAS
This revised policy designates two distinct areas – high and low sensitivity – of City property with respect to presumed health and safety concerns related to vehicle and street encampments. A map indicating the high and low sensitivity areas is attached to this policy to help the EMAT and the public identify such areas; however, this policy shall override the map in the event of conflicts. CAO shall be authorized to issue administrative guidance identifying and reclassifying additional low sensitivity areas or to prioritize high sensitivity areas.
A. High-Sensitivity Areas
High-Sensitivity Areas are specific locations where unsheltered homelessness poses an immediate and elevated risk to public health and safety, including demonstrable risk of harm to vulnerable populations (e.g. young children), critical infrastructure, or noncompliance with state and/or federal regulations (e.g. ADA, CalFire, protected waterways). formally designated by the City Council and can include parks, particularly those with playground structures or tot lots, protected waterways, and other public lands.
High-sensitivity areas are locations where the health and safety impacts of homeless
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encampments are heightened due to the potential degradation of critical infrastructure, restriction of public amenities or services, or significant obstructions to residences, businesses, emergency routes and rights -of-way. In these locations, the City would prioritize maintaining the areas free of encampments. Parks with playground structures or tot lots, or that host City -sponsored programs or classes for children shall be the City’s highest priority high-sensitivity areas. The City Council reserves the right to allow smaller encampments in high- sensitivity areas, however, it is recommended that the operation and management of encampments in these areas be in collaboration with a managing agency. The managing agency would work in collaboration with encampment residents and the City to mitigate safety and health hazards. The managing agency can be a nonprofit organization, advocacy group, faith-based organization, another public agency, or a grassroots collective. The managing agency must meet the City’s ins urance requirements (or obtain a fiscal sponsor that is able to meet the City’s insurance requirements). Guidance on the implementation of this model can be found in Appendix A.
Adoption of this policy would establish This policy hereby establishes the following public property locations as high-sensitivity areas:
• Locations designated as High Fire Severity Zones (HFSZ) by the Oakland Fire Department and/or CalFIRE.
• Within 150 feet of an elementary, middle, pre-school or child care center, and 100 feet from a high school.
• Within 50 feet of a protected waterway as established by any governing body. • Within 25 feet of critical infrastructure operated by BART, EBMUD, BCDC, PG&E, Union Pacific, or Caltrans, including active rail lines and public utilities. • Within 50 feet of a residence.
• Within 50 feet of a retail business, and 50 feet from the main entrance and any emergency exits from all other businesses, including places of worship. • Within 50 feet of a city park or other public land that has a children’s playground, play structure, tot lot, or recreation center in which children participate in city - sponsored programs/classes.*
• (*Other public parks that contain ball fields, basketball courts or tennis courts shall be discouraged as encampments, but not initially considered high- sensitivity locations.)
• Within 50 feet of a public park, soccer field, baseball field, basketball court, tennis court, and/or golf course.
• Areas directly adjacent (within 25 feet) to emergency shelter interventions. • Within 200 feet of a construction zone.
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• Within 25 feet of hospitals or emergency rooms or any medical facility where compromised immune filtration systems could be compromised.
B. Low-Sensitivity Areas
All City property not explicitly designated as high-sensitivity areas shall be treated as low- sensitivity areas, where the City does not automatically prohibit encampments. These locations may serve as temporary stability zones when residents are not yet connected to shelter or housing, and where no immediate public safety risk exists. In acknowledgement that the City and County do not currently have sufficient temporary or permanent affordable housing to accommodate all those currently experiencing homelessness in Oakland, the City Administrator may, from time to time and in consultation with relevant Councilmembers, update the designated low-sensitivity areas as needed to maintain the health and safety of all neighborhoods and to avoid undue concentration of unsheltered homelessness into limited areas of the City.
In these areas, the City may permit encampments to remain provided they do not pose emergency or urgent health and safety conditions and if they meet minimum health, safety, and access standards, as outlined below. These standards ensure basic access, emergency response capability, and fire prevention, while upholding dignity for individuals who have not yet been offered shelter or housing.
Encampments and all inhabited single tents, vehicles, and structures in low -sensitivity areas must meet the following standards to maintain public health, safety, and fire separation standards:
Low-Sensitivity Areas are all other areas not included above, and the following standards are to apply to all encampments in these locations:
• Shall be limited to one side of the street.
• Shall not impede vehicle, bike, or pedestrian traffic (on at least one side of the street).
• Shall not impede ADA access points, consistent with goal of limiting encampments to one side of the street.
• Shall not impede emergency ingress/egress routes.
• Compliance with applicable and generally enforced state codes and local ordinances.
• Encampment footprint shall not exceed Maintain a maximum footprint of 12 x 12 sq. ft per person.
• A rea directly adjacent to a vehicle dwelling must remain clear at all times. • No gray or black water dumping.
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• No illegal electrical or water taps.
• No storage of automobiles, tires, gasoline, generators, or propane tanks, or unsafe storage of combustible materials or accumulation of combustible waste. • Structures and tents and vehicle dwellings shall maintain not less than six (6) feet distance between one another.
III. EMAT INTERVENTION
A. Findings Prompting EMTEMAT Intervention
Encampments located in high- sensitivity areas are always subject to EMAT operations and potential closure EMT intervention (except for exceptions approved by the City Council) given risk of harm to vulnerable populations, risk of the potential degradation of critical infrastructure, restriction of public amenities or services, or significant obstructions to residences, businesses, emergency routes and rights-of-way.
For low-sensitivity areas, the EMAT will assess encampments based on compliance with the minimum health and safety standards outlined in this policy. If those standards are not met, the EMAT and relevant City Department shall:
1. In coordination with relevant City Departments, assess whether an emergency or urgent health and safety condition requires expedited closure;
2. Initiate outreach and offer voluntary compliance, including education on encampment standards and available services;
3. Assess mitigation options, such as sanitation services or spatial reconfiguration;
4. If mitigation and outreach are unsuccessful, provide written findings and a determination of whether intervention is necessary, and if so, pursue the least disruptive option, with a focus on preserving stability and avoiding displacement without shelter or housing offers;
5. If encampment is not closed, outreach efforts and service offers will continue, as resources allow, with the goal of ending the individual’s unsheltered status if possible. Encampments in compliance with the standards established for low - sensitivity areas must still abide by all relevant local, state and federal laws.
For encampments located in low-priority low sensitivity areas that do not meet the standards outlined above, the EMT will consider the following findings in deciding what level of intervention is appropriate.
Public health findings:
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• Confirmed case(s) of infectious disease(s) (e.g., Bubonic plague, Tuberculosis, Zika, COVID-19);
• Confirmed exposure(s) to case(s) of infectious disease(s) (e.g., Bubonic plague, Tuberculosis, Zika, COVID-19);
• Excessive animal or vermin vector hazards (e.g., rats, other vector vermin); • Presence of biological vector hazards (e.g., blood, fecal matter); • Notice of public health emergency at an encampment site declared by a county, state, or federal public health entity;
• Need for encampment decompression as identified by public health officials; and/or
• Location of encampment in a public recreational area, or shared facility for recreational activity should such facility require repurposing, pursuant to the Order of the Alameda County Health Officer to Shelter in Place No. 20-04 or other similar subsequent orders.
Public safety findings:
• Location of encampment impedes the right -of-way, lane of traffic, bike lane, or ADA access;
• Location of encampment such that First Responders (including, but not limited to, Fire, Police, and any health care workers), are impeded in performing their essential government functions;
• Pervasive criminal activity;
• Damage to essential infrastructure (e.g., reservoirs, bridges, public utilities, drainage and sewer systems);
• Excessive amounts of waste/garbage/debris as determined by OPW. • Proximity of encampment to objective dangers (e.g., edge of a steep slope, on an in- use train track, in a vehicular lane of traffic). • Excessive fire hazards and/or calls for service as determined by OFD. • Unpermitted outside fires burning less than 30 feet away from any structure, tent, or vehicle.
• Presence of open electrical splices or illegal wiring. • Roadway does not have 20 feet of unobstructed width for Fire Apparatus Access
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• Fire hydrant obstructions with less than three feet radial clearance around hydrants.
• Storage of tires, gasoline, or propane tanks, and unsafe storage of combustible materials or accumulation of combustible waste.
The City will not cite or arrest any individual solely for camping, or otherwise for the status of being homeless and will make reasonable efforts to allow and, where feasible, assist the encamped individual with gaining compliance with the encampment standards outlined in this policy.
B. Types of EMTEMAT Interventions
It is the goal of the City to provide regular and adequate trash collection from encampments, to ensure that porta- potties and hand- washing stations are serviced regularly as needed, and that encampments receive regular deep cleanings to ensure that our unhoused residents are not living in conditions that threaten health and/or safety. • Outreach. Except under Emergency conditions where imminent safety risks to not allow for outreach, outreach and communication should be the first strategy to address unsheltered individuals. In-person engagement and communication about City policies supports voluntary compliance and can help avoid more time - intensive and resource- intensive EMAT interventions. Outreach prior to encampment operations or tow actions is a critical opportunity to provide information and referrals. Outreach will begin as early as possible for the best chances of voluntary compliance and connection to shelter and services. At a minimum, outreach will begin at the time of the required postings for operations.
Outreach staff will offer services and opportunities for relocation based on available resources. Such offerings may include (subject to funding and programming availability): case management, family reunification, travel vouchers, vehicle buy-back opportunities, shelter or housing connections, or other supports relevant to the individuals’ circumstances.
• Health & Hygiene Intervention. This intervention may include placing handwashing stations or portable toilets, mobile shower facilities, and/or providing routine waste collection services and/or outreach services at an encampment. This intervention may be used at as many encampments as the City can reasonably serve given its resources. When possible, this intervention will be coordinated with partner public agencies. The EMT will use the 2018 Minimum Health and Safety Standards to determine which encampments are eligible for this intervention. • Cleaning. This intervention may require individuals encamped at a site to temporarily relocate to mitigate public safety and/or public health risks, allowing individuals to return to the site after the intervention is complete. This intervention may be used when one or more of the public safety and/or public health findings identified above are present and, due to its presence, the EMTEMAT or another City department decides that performing this intervention is necessary to protect the public. In performing this intervention, the City will make reasonable efforts to mitigate any individual or group property loss, as outlined in OPW’s SOPs, but
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may determine that some property must be removed to protect the public. When possible, this intervention will be coordinated with relevant public agencies. • Partial closure. Partial closure refers to a targeted intervention that relocates a portion of an encampment in order to address specific public safety risks or to allow for access to public infrastructure. Partial closures may also be used to mitigate persistent health or safety concerns within a section of an encampment.
This intervention may include partially moving and/or closing an encampment due to construction, to provide access to a work zone, or to abate ongoing public safety and/or health hazards. A ffected encamped individuals will be offered shelter and/or alternative housing (or, if located in a high- sensitivity area, an opportunity to voluntarily relocate to a low-sensitivity area). This intervention may be used when the City is alerted to an impending construction or work project, and/or one or more of the public safety and/or public health findings identified above are present and, due to its presence, the EMT decides that performing this intervention is necessary to protect the public (including, but not limited to, the health and/or safety of the individuals living in the encampment). In performing this intervention, the City will provide advance notice as outlined below and will make reasonable efforts to mitigate any individual or group property loss, as outlined in OPW’s SOPs, but may determine that some property must be removed to protect the public. Th e City, on its own or in conjunction with another public agency, will make every reasonable effort to provide offers to all affected encamped individuals of shelter and/or alternative housing, and when shelter is unavailable despite such efforts, the City shall allow an individual to move to a low-sensitivity area (as described below).
• Closure. Closure refers to the full removal and disbandment of an encampment, typically due to its location within a high-sensitivity area or the presence of severe and unresolvable health or safety risks in a low sensitivity area, including those associated with construction or emergency infrastructure access. This intervention may include fully closing an encampment due to construction, to provide access to a work zone, or to abate ongoing public safety and/or health hazards. Affected encamped individuals will be offered shelter and/or alternative housing (or, if located in a high sensitivity zone, an opportunity to voluntarily relocate to a low sensitivity zone). This intervention may be used when the City is alerted to an impending construction or work project, and/or one or more of the public health and/or public safety findings identified above are present and, due to its presence, the EAT decides that performing this intervention is necessary to protect the public (including, but not limited to, the health and/or safety of the individuals living in the encampment). In performing this intervention, the City will provide advance notice as outlined below and will make reasonable efforts to mitigate any individual or group property loss, as outlined by OPW’s SOPs, but may determine that some property must be removed to protect the public and/or to complete the process of closing the encampment. The City, on its own or in conjunction with another public agency, will make every reasonable effort to provide offers to all affected encamped individuals of shelter and/or alternative housing, and when shelter is unavailable despite such efforts, the City shall allow an individual to move to a low-sensitivity area (as described below).
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• Re-encampment Closure. If an encampment arises on the same site (within the same block on either side of the street) within 60 days of the notice of a prior Closure or Partial Closure, such encampment may be subject to closure with 72- hour notice, or less in the case of emergencies or urgent health and safety conditions. Individuals may be immediately subject to enforcement actions for criminal activity, up to and including citation and/or arrest. • Inhabited Vehicles. All vehicles parked in violation of the CVC and/or OMC are subject to enforcement and written tow notices by DOT and/or OPD according to applicable law and are not considered encampments subject to this policy. DOT or OPD is encouraged, but not required, to coordinate with the EMAT to address inhabited vehicles when tents or makeshift structures surround such vehicles.
Prior to towing a vehicle that can be reasonably assumed to be inhabited, the City department leading the tow should attempt to work with relevant City departments to identify shelter that may be available (which may include congregate or other non-vehicle based shelter), and shall provide resource information to such individuals when available, unless the vehicle presents an imminent hazard or if there is probable cause that the vehicle has been used for criminal activity. If no shelter is available or if shelter is declined, the City should consider allowing the occupants to relocate the vehicle to a low sensitivity area where reasonable and feasible. The City Administrator shall develop operating procedures with OPD and DOT to enable standardization and transparency without jeopardizing criminal law enforcement.
The EMAT shall coordinate with DOT and/or OPD to tow vehicles in connection with an encampment cleaning or closure operation in the event vehicles are located within encampments otherwise subject to an EMAT intervention. In those cases, during and in the vicinity of an EMAT operation, all such vehicles present are still subject to tow when CVC and/or OMC towable violations are present , except that vehicles present in the location of a noticed EMAT operation will not be towed prior to the expiration of the notice applicable to the operation (7-days if not an emergency or urgent intervention) absent imminent risks and individuals living in such vehicles will be offered shelter and storage to the same extent as those living in tents within the EMAT operation area.
C. Public Noticing of EMTEMAT Interventions
To the extent feasible, the City will follow the procedures stated below to provide notice prior to any encampment intervention.
Non-emergency Actions
For any non -urgent intervention, the City will provide adequate notice. For Health & Hygiene interventions, the City will work with those encamped to ensure the effectiveness of the intervention. For all Deep Cleaning, Partial Closure, and Closure interventions and Re-encampment Closures, the City will provide at least a 72- hour notice unless there is an emergency or urgent public health and safety concern that prevents such notice from
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being provided, as described in the section below. For all Partial Closure and Closure operations, the City will provide at least 7 -day notice unless there is an emergency or urgent public health and safety concern that prevents such notice from being provided, as described below. The 72-hourapplicable notice will be provided in writing, posted around the site in multiple languages, and, as feasible, verbally to those encamped. The notice will: state the date that the intervention will begin; state the date of the posting; identify whether the intervention will take place over multiple days by stating the days on which the intervention will occur; be reposted if the intervention does not occur on the day (or time) as posted; include a 4- hour window for the intervention start time; and include contact information for homelessness services outreach.
Emergency Actions Due To Catastrophic Events, Natural Disasters, or other Urgent Health and Safety Concerns Imminent Threats to Life, Health, Safety, or Infrastructure
Imminent Threats to Life, Health, Safety, or Infrastructure warrant urgent action. Imminent Threats to Life, Health, Safety, or Infrastructure fall into two categories: the most urgent are emergency conditions, and these conditions may at times be subject to immediate closure. Urgent Health and Safety Concerns are still critical for prioritization and are typically less urgent and thus require reasonable efforts to provide 24-72 hour notice under this policy.
For any emergency Deep Cleaning, Partial Closure, or Closure, the City will make reasonable efforts to provide those encamped with some form of notice, such as outreach workers visiting the site and sharing information verbally or in writing, if such notic e is feasible. For certain public health or public safety interventions, like fires, the City may be unable to provide prior notice due to the nature of the emergency.
The EMAT or another City department may conduct an immediate closure for emergency conditions detailed in #1 and #2 below with findings and determination by the applicable City department. Under these emergency conditions, the City will make reasonable efforts to provide same-day notice, such as outreach workers visiting the site and sharing information verbally or in writing, where there is a:
1) Determination by OPD and/or OFD of imminent risk of serious injury or death, including but not limited to:
a) active fires or fires having occurred within past 24 hours; b) criminal investigations; and
c) encampments attached to residential or business structures determined by OFD to be an imminent fire hazard; or a
2) Determination by applicable City Department of imminent or active destruction to critical infrastructure, including:
a) traffic signal and equipment;
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b) emergency warning equipment;
c) light poles and power poles;
d) electrical energy stations;
e) active train tracks or bridges
f) drainage and sewer systems, including active dumping of hazardous waste or debris into sewer system;
g) obstruction of traffic lanes, including bike lanes or on and offramps.
The EMAT or other City Department may conduct an expedited closure for urgent health and safety concerns detailed in #1-8 below with written findings and determination by the applicable City department. Under the following urgent health and safety conditions, the City will make reasonable efforts to provide 24-hour to 72-hour notice:
1) Determination by OPD and/or OFD of risk of serious injury or death, including but not limited to:
a) unpermitted fires burning less than 30 feet from any structure, tent, or vehicle;
b) open electrical splices or illegal wiring;
c) roadway with less than twenty (20) feet unobstructed width; d) fire hydrants with less than three (3) feet unobstructed radial clearance; e) storage of tires, gasoline, or propane tanks, and other combustible materials;
f) accumulation of combustible waste;
g) pervasive criminal activity.
2) Where obstruction of sidewalk and path of travel is a violation of American Disabilities Act (ADA) and requires pedestrians to modify path that would take them into a dangerous situation as defined by public safety officials; 3) Determination that obstructed waterways or storm drains create serious environmental or health risks;
4) Obstructed signed construction zones;
5) Disruption to City services, U.S. mail service, and/or trash service; 6) Unsafe proximity to objective dangers, such as active train tracks, as determined by the City Administrator;
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7) Any location where necessary to comply with regulatory requirements from oversight agencies;
8) Any location experiencing an outbreak of contagious disease or vermin infestation, or where there is notice of a public health emergency from a county, state, or federal public health entity.
A vehicle that presents an emergency or urgent health and safety concern will be towed and/or impounded by DOT or OPD immediately if prior notice is not reasonable or feasible.
Inhabited vehicles will be addressed as described in section III.B.
D. Offers of Shelter
In connection with a Partial Closure or Closure of an encampment, the EMAT will make every reasonable effort to offer services, support, and shelter to each individual residing within the noticed area, including those living in vehicles, prior to removing that individuals’ belongings. The EMAT will attempt to coordinate transportation for individuals to relocate prior-to or during an EMAT operation, particularly for individuals with disabilities.
Non-emergency Actions
For closures other than those to address signed re -encampment areas or to abate “emergencies” or “urgent health and safety conditions”, as listed above, “every reasonable effort to offer shelter” means (1) pacing regular encampment closures to account for resource and operation constraints; (2) attempting to identify all impacted individuals and assessing their shelter needs (e.g., families, persons with disabilities) at least 48 -hours prior to the closure, (3) identifying the number and type of shelter beds available and confirming the availability on the day of closure, (4) making at least one offer of available shelter, prioritizing families and persons with disabilities, and holding offer(s) open for 48- hours, and (5) offering to transport individuals and their belongings to a shelter program.
If on the day of the operation, despite the efforts described above, there are insufficient shelter beds for all impacted individuals willing to accept shelter, the EMAT should consider delaying the operation, or if delay is not reasonable or feasible, shall allow individuals an opportunity to move to a low sensitivity area.
Emergencies, urgent health and safety conditions, and re-encampment closures For closures to address re-encampment areas, or to abate emergencies or urgent health and safety conditions, the relevant City department, on its own, or in coordination with the EMAT, shall attempt to (1) identify the number and type of shelter beds available at the time of closure; and (2) provide information, resources, and an offer of shelter to all impacted individuals, which may include a referral to congregate shelter. Depending on the situation, such efforts may not be feasible, and in no case will emergency or urgent closures be delayed for shelter unavailability. Individuals who must be displaced without a shelter offer shall be permitted to move to a low sensitivity area and shall not be subject to arrest or citation. Information and resources shall include encampment standards, location of low sensitivity areas, and available services, shelter, and supports.
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E. Storage of Individuals’ Property
In performing any intervention, the City will respect and protect individuals’ rights to their property while also following applicable local, state, and federal laws, as well as the injunctive relief and settlement described in Miralle v. City of Oakland (2022).
During the course of any EMTEMAT intervention, OPW and other EMTEMAT member departments may remove debris, trash, waste, illegal dumping, hazardous materials hazmat, and/or other materials that cannot be safely stored, following ordinary procedures with respect to handling such materials and the disposal thereof. OPW and other EMTEMAT member departments may also encounter property that is not debris, trash, waste, illegal dumping, or hazardous materials hazmat. For any such property: (1) whose ownership cannot be clearly determined but does not seem abandoned; or (2) whose ownership is known but the owner cannot transport it, the City will make reasonable efforts to store up to one (1) square cubic yard of such property per individual. Any such effort will comport with OPW’s ordinary practices with respect to property storage during encampment interventions. Should OPW require additional procedures for performing these property-related functions under this policy, OPW may promulgate such additional SOPs. Note that if a law enforcement agency must effectuate an arrest, the Alameda County Sheriff’s Department, which operates the County’s detention and incarceration facilities, will set any and all rules regarding property storage at their facilities.
While this policy is in effect, the EMTEMAT will make reasonable efforts to protect and store personal property collected from encampment operations as follows: (1) visually scan encampment area for personal property that meets the OPW Guidelines for Property Identification and/or coordinate with encampment occupants to determine if storable property is present; (2) discard items that do not meet the Guidelines for Property Identification; (3) collect identified personal property that meets the Guidelines into bags and label the bags; (4) post a notice of collected property stating the address where such property will be stored and the options for retrieval; and (5) store collected personal property for ninety (90) days and make reasonable efforts to maintain such property in the same condition as when collected. explore reasonable methods of safe, secure, property storage potentially available to the City, including, but not limited to, OPW’s storage facility; self-storage; and partnering with other public agencies or businesses to develop storage capacity.
IV. COMPLIANCE
The City must balance the rights of encamped individuals against its fundamental duty to maintain public safety and public health, in both high- and low-sensitivity areas. Where necessary, and when voluntary compliance cannot be achieved, the EMTEMAT may perform one or more of the four (4) interventions described above to maintain public safety and public health. The City will not cite or arrest solely for camping, but will enforce criminal laws in an ordinary manner to protect unsheltered and sheltered res idents alike.
Departments are not required to coordinate with the EMAT in order to enforce criminal laws in encampments and inhabited vehicles.
EXHIBIT B
Encampments located within a high- sensitivity area that are not approved by the City Council will be subject to a Closure intervention as outlined above. Except when for closures to abate emergency or urgent health and safety concerns, outreach will begin at least 7 days prior to closure and require shorter notice encampment residents will be given at least 4872 hours to accept an offer of shelter or alternative housing if such referrals are available. If after 48 hours, an individual declines an offer of a specific shelter program, the program spot will be provided to another individual. A person is also free to voluntarily relocate to a low -sensitivity area if shelter provisions are declined. All shelter offers, acceptances, referrals, and declinations will be documented. Emergency shelter provisions cannot be reserved for greater than 48 72 hours at a time, given the current demand.
Encampments in low -sensitivity areas that are in compliance with the encampment standards outlined above are not subject to prioritized for closure EMT intervention, unless an emergency or urgent public health and safety situation arises.
Encampments in low -sensitivity areas that are not in compliance with the standards established in this policy are subject to EMT intervention as follows:
• Encampment residents will be notified by the EMT of any public safety and/or public health findings and, unless urgent health and safety concerns require shorter notice, will be given 7 days to obtain voluntary compliance. Outreach workers may assist encampment residents during this period to achieve voluntary compliance.
• If the Outreach Team is unsuccessful, the encounter is documented and scheduled for a Deep Cleaning, Partial Closure, or Closure as determined by specific findings of the EMT , adhering to all noticing and storage requirements outlined above.
The City cannot require any individual to accept any offered form of shelter and/or alternative housing, even if such acceptance is strongly recommended for public health or public safety reasons. Instead, an individual offered shelter and/or alternative housing who declines the offer may continue to camp without risk of being issued a citation or arrested for remaining encamped, unless the encampment must be partially or fully closed as described above for public health and/or public safety reasons. In tho se limited circumstances, the City will not cite or arrest any individual solely for camping, or otherwise for the status of being homeless, and will make reasonable efforts to allow and, where feasible, assist the encamped individual in moving to a new location. The City , and will avoid citation or arrest unless either is necessary to protect against imminent risks to public safety and alternative indoor shelter or housing has been offered and declined.
In no instance shall this Policy be interpreted to bar or delay arrest for criminal activity, regardless of the individual’s housing status.
Encampments will be regularly monitored and managed by the EMAT. In the case of a medical or public safety emergency, 911 should be called. Inquiries and complaints should be forwarded to 311 and/or [email protected] for action. The City shall
EXHIBIT B
make reasonable efforts to communicate this policy in a user -friendly format to relevant parties including but not limited to those listed below:
• Service Providers in contact with unhoused people;
• Unsheltered individuals including those in tents, make- shift structures, cars and RVs;
• Public Safety Departments including OPD, OFD, District Attorney’s Office, Office of the Public Defender;
• Partner agencies including Alameda County Health, BART, EBMUD, BCDC, PG&E, Union Pacific or Caltrans.
LINKS:
https://www.oaklandca.gov/documents/2019-permanent-access-to-housing-path- framework- update
In an effort to create more shelter and housing options for individuals encamped in high sensitivity areas, the City shall launch at least one co- governed encampment pilot on public land within the next four months, working collaboratively with the unhoused community to design the program, advocates, housed and business neighbors and the Councilmember of the district.