Susana Alcala Wood, City Attorney Jorge Oseguera, City Auditor Mindy Cuppy, City Clerk Howard Chan, City Manager John Colville, City Treasurer City Council Report
915 I Street, 1st Floor
Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2022-00823 April 6, 2022 Discussion Item 01
Title: Ordinance: Emergency Shelter and Enforcement Act of 2022 [In Lieu of Pass for Publication Ordinance to be Published in its Entirety]
Location: Citywide
Recommendation: Adopt an Ordinance adding Chapter 12.100 to the Sacramento City Code, relating to the Emergency Shelter and Enforcement Act of 2022, to be published in full pursuant to Sacramento City Charter, § 32(d); and pass a Motion directing the City Clerk to return to City Council on April 19, 2022, with the administrative items necessary to submit the Ordinance to the voters at the November 8, 2022, general election.
Contact: Howard Chan, City Manager, 916-808-7488, [email protected], Offi ce of
the City Manager
P
resenter: Howard Chan, City Manager, 916-808-7488, [email protected], O ffice of the City Manager
A
ttachments:
1-Description Analysis
2-Proposed Ordinance: Emergency Shelter and Enforcement Act of 2022 3-Proposed Initiative
File ID: 2022-00823 Discussion Item 01
April 6, 2022
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City of Sacramento
Description/Analysis
Issue Detail: Some concerned residents in February 2022 announced their intent to place an item on the November 2022 general election ballot for voter consideration related to addressing the challenges associated with increasing numbers of unsheltered individuals in the City of Sacramento (City). For reference, the proposed initiative language is included as Attachment 3.
While there is no disagreement that homelessness is one of the most important issues facing our city, extensive analysis of the detailed requirements compelled by the proposed initiative underscores the extraordinary burdens that would be placed on the City should the initiative be approved. The stark reality is that there is no scenario in which the City will be successful in providing the emergency shelter compelled by this proposal without decimating core programs and services. To attempt to achieve the objectives included in the proposed initiative could financially destabilize the City, requiring program and service level reductions far beyond to those undertaken as a result of the Great Recession.
The attached ordinance proposed for Council consideration –The Emergency Shelter and Enforcement Act of 2022 (Attachment 2) – offers an alternative that balances the immediacy of the homelessness crisis with the practical realities of funding, siting, and standing up robust homeless services programming. This alternate proposal seeks to mitigate the unintended consequences of the proposed initiative to ensure that our efforts to address this crisis continue, but not to the potentially irrevocable detriment of the City.
The following provides a brief description and analysis of both the proposed initiative, as well as the alternative proposal presented for Council consideration.
Proposed Initiative
The proposed initiative compels the City to identify and authorize emergency shelter space to 75% of unsheltered individuals in the City, as identified in the most recent point-in-time (PIT) count, within 60 days of voter approval. That would be an estimated 7,500 shelter spaces, which is 6,400 additional shelter spaces above the 1,100 currently maintained by the City.
Pursuant to the proposed initiative, until such time as the City meets that objective, the City could not enforce against persons illegally camping in the City. After the threshold is met, enforcement action can be taken if the City Manager has determined there is an available space, the illegally camping person has been offered a space, and that person has rejected that offer.
File ID: 2022-00823 Discussion Item 01
April 6, 2022
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City of Sacramento
The proposal also prohibits “encampments,” which are defined as four or more unrelated persons camping together (or within 50 feet of each other) and without permitted power, running water, and bathroom facilities.
Furthermore, it makes the City subject to public nuisance actions. Residents harmed by a public nuisance on the City’s property – including, but not limited to, unlawful camping or unlawful storage of personal property – would be able to commence a nuisance abatement proceeding against the City. If a hearing examiner thereafter orders the City to abate the alleged nuisance, the complaining resident would be entitled to recover costs and attorney’s fees.
While this seems like an interesting solution, it fails to take into consideration several key challenges to providing shelter at the specified level, the impact to core programs and services resulting from the redirection of resources, and the potentially exorbitant costs associated with resulting litigation.
The financial challenges associated with provision of thousands of new shelter spaces is nothing short of daunting. Government at all levels – federal, state, and local (cities and counties) – struggle to identify resources to address the ever-growing needs of unsheltered residents.
Using the current costs of approximately $33 million annually to fund nearly 1,100 shelter spaces, it could cost the City an estimated additional $192 million annually to provide the requisite shelter space. The City is currently working to identify resources to fund existing shelter spaces, currently funded with a combination of one-time resources from the State and Federal governments and the City’s General Fund, on an ongoing basis. But the provision of thousands of additional shelter spaces would require a significant redirection of City resources that would take time to identify and implement. Such a significant redirection of funding would drastically reduce core programs and service levels. It is simply not possible to maintain current programs and services while also meeting the demands of the proposed initiative.
Furthermore, based on recent experiences identifying, vetting, and preparing shelter locations associated with the Comprehensive Siting Plan to Address Homelessness, adopted by the City Council on August 10, 2021 (Resolution No. 2021-0251, as amended) (Comprehensive Siting Plan), even if the City could identify the nearly $200 million required for this effort, standing up 6,400 shelter spaces in the specified time frame of 60 days is simply not possible given the dearth of available land for this purpose and the regulatory requirements associated with the siting and preparation of shelter locations.
File ID: 2022-00823 Discussion Item 01
April 6, 2022
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Finally, the failure to achieve such dramatic results in such a short time frame would open the City up to lawsuits, the consequences of which could be not only protracted and costly litigation, but insurmountable financial obligations. In addition, any person allegedly harmed by the existence of an encampment on public property could initiate a potentially costly action against the City.
Alternate Ordinance
The alternate ordinance presented for Council consideration recognizes that the City must take immediate steps to create emergency shelter space and enforce its laws to protect the interests of all of its citizens. Given the financial challenges and unfunded obligations of the proposed initiative, the ordinance was crafted to address emergency shelter needs while recognizing the Council’s and community’s priorities regarding the provision of core programs and services. In many respects, the alternate ordinance builds on the concepts introduced in the proposed initiative.
The alternate ordinance includes three key components, as summarized below.
1. Emergency shelter identified and provided
The City formally acknowledges its commitment to identify and authorize the minimum threshold of emergency shelter spaces as follows:
• Within 90 days of voter approval, the City Manager will identify and authorize at least the number of new emergency shelter spaces that equals 20% of the minimum threshold of 60% of the PIT count.
o After that, the identification and authorization of additional spaces is contingent upon a 60% utilization rate of then-existing spaces. • Requires data collection and public reporting.
• Requires regular outreach.
2. Unlawful camping and enforcement; abatement of unlawful camping Specifies that unlawful camping may not be enforced against a person on public property unless and until all the following have occurred:
• The City Manager has authorized the requisite number of emergency shelter spaces;
• The City Manager has determined that an emergency shelter space for the person is currently available;
• The City Manager has offered the person an emergency shelter space; and • The person has rejected the City’s offer of an emergency shelter space and refuses to move from the public property.
File ID: 2022-00823 Discussion Item 01
April 6, 2022
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Specifies that it is unlawful and a public nuisance for any person to do the following in an “encampment” (four or more persons camping together or within 50 feet of each other, without permitted power, water, or bathrooms) located on any public or private property:
• Camp, occupy camp facilities, or use camp paraphernalia; or • Accumulate or fail to properly dispose of waste as specified.
(Note that this prohibition does not apply to encampments on private residential property by friends or family of the property owner, with owner consent limited to one consecutive night. And the City may issue a permit for an encampment in connection with a special event.)
Provides a mechanism for residents harmed by unlawful camping or unlawful storage on public property owned by the city, except for public property used for emergency shelter space, to commence proceedings to require the City to abate the alleged violations.
3. Funding mechanism and budget protection
Directs the City Manager to fund the commitments, obligations, and liabilities created by this ordinance first from external sources, such as County, State, and Federal governments. Should those resources be insufficient, the City Manager shall annually allocate up to 50% of unobligated General Fund year-end resources, as identified in the city’s budget, not to exceed $5 million.
Policy Considerations: The City has an obligation to take immediate steps to create emergency shelter space and to enforce its laws and protect the interests of all of its citizens.
The Council is also required to adopt and implement a balanced budget annually.
Economic Impacts: None.
Environmental Considerations: This action is exempt from CEQA pursuant to CEQA Guidelines sections 15061(b)(3) (common sense exemption), 15308 (actions to ensure the maintenance, restoration, enhancement, or protection of the environment), and 15269(c) (relating to specific actions necessary to prevent or mitigate an emergency); California Government Code sections 8698.4(a)(4) (actions taken by a local agency to lease, convey, or encumber land owned by a city, county, or city and county, or to facilitate the lease, conveyance, or encumbrance of land owned by the local government for, or to provide financial assistance to, a homeless shelter constructed or allowed by the Shelter Crisis Law) and 65660(b) (low barrier navigation centers).
File ID: 2022-00823 Discussion Item 01
April 6, 2022
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It can be seen with certainty that there is no possibility that the proposed ordinance may have a significant effect on the environment under CEQA Guidelines 15061 (b)(3). A “significant effect on the environment” is defined in CEQA as a “substantial, or potentially substantial, adverse change in the environment.” (Public Resources Code, § 21068.) The baseline for CEQA review is existing physical conditions. The various encampments and occurrences throughout the City are existing conditions, and existing conditions are relevant to determining whether a significant effect might occur. The Comprehensive Siting Plan was intended to among other things reduce, and eventually remove, such encampments and individual occurrences from the City’s right-of-way and spaces, and to address calls from the community for urgent responses from the City. This proposed ordinance is intended to increase the rate of work toward such goals, and at the same time have beneficial environmental effects. It enhances the Comprehensive Siting Plan because it requires the City Manager to authorize and identify emergency shelter spaces at the rate of 20% of 60% of the most recent PIT count each year for five (5) years. And as a corollary it enhances anti-camping and nuisance law.
The City has identified the beneficial effects of various actions that were approved for the purpose of responding to the ongoing emergency involving those experiencing homelessness.
These conditions have been identified in various presentations at the City Council, including presentations by each Councilmember reviewing conditions in their respective districts. The proposed ordinance would include beneficial effects to the environment by improving existing conditions, consistent with the Legislature’s intent in adopting CEQA: “to protect, rehabilitate and enhance the environmental quality of the state.” (Public Resources Code, § 21001 (a).) The legislature also identified the following policy, which is relevant to the purposes of the proposed ordinance: “Ensure that the long-term protection of the environment, consistent with the provision of a decent home and suitable living environment for every Californian, shall be the guiding criterion in public decisions.” (Public Resources Code, § 21001(d).) In addition, the proposed ordinance’s prescription that the City Manager identify and authorize new emergency shelter spaces at the rate specified does not foreclose CEQA review otherwise required in connection with any individual project. This could include the need to meet the requirements of specific exemptions such as CEQA Guidelines sections 15303(c) (related to new construction or conversion of small structures); 15304 (e) (related to the temporary use of land having negligible or no permanent effects on the environment); 15311 (related to accessory structures); 15308 (actions to ensure the maintenance, restoration, enhancement, or protection of the environment — not including construction activities — and the process must include procedures for protection of the environment and not the relaxation of standards to allow environmental degradation); or 15002 (i) and 15369 (ministerial activities). Nor would the proposed ordinance foreclose alternative solutions or mitigation measures to shelter persons experiencing homelessness or foreclose alternatives or mitigation measures that would otherwise be required in connection with any individual project.
File ID: 2022-00823 Discussion Item 01
April 6, 2022
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City of Sacramento
Sustainability: Not applicable.
Commission/Committee Action: Not applicable.
Rationale for Recommendation: The recommendations above are intended to provide a wholistic approach to addressing the homelessness crisis, while reflecting the reality that the City does not receive ongoing funding from the County, State, or Federal governments to provide emergency shelter and requisite programmatic services for unsheltered individuals.
Further, to compel the City to fund emergency shelter as specified in the proposed initiative and the likely incursion of substantial legal costs would impact the City’s ability to provide core services, including police and fire response, code enforcement, arts and cultural programming, and parks and recreational programming, all of which have been repeatedly identified by Council and the community as funding priorities.
Financial Considerations: The City currently provides approximately 1,100 shelter spaces at a cost of nearly $33 million annually for both physical space and wrap-around services. These services are currently funded through a combination of one-time resources from the State and Federal governments and the City’s General Fund. Permanent ongoing funding for existing programs remains to be identified.
Using current programming as a model, without additional funding from County, State or Federal resources, the proposed initiative would require unprecedented cuts to core programs and services, resulting in program and service level reductions far beyond those undertaken due to the Great Recession. In addition, it is a given that further reductions would be required to pay for the costs associated with litigation resulting from the City’s inability to meet the requirements as proposed.
The alternate ordinance provides a more realistic, actionable approach to directing available resources to address gaps in services for unsheltered persons, and balances these needs with the community’s continuing demands and Council’s commitments for the provision of core program and services.
Local Business Enterprise (LBE): Not applicable.
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ORDINANCE NO.
Adopted by the Sacramento City Council
Date Adopted
AN ORDINANCE ADDING CHAPTER 12.100 TO THE SACRAMENTO CITY CODE, RELATING TO EMERGENCY SHELTER AND ENFORCEMENT ACT OF 2022
BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO:
SECTION 1. F indings
A. The most important issue facing our city is the massive increase in the number of people experiencing homelessness and living on our public streets and sidewalks, in vehicles, or in other public spaces. Recent data indicates that the number of unsheltered homeless persons has more than doubled in just the last few years.
B. Numerous homeless encampments, many with dozens of people living in tents and other makeshift shelters on both public and private property, have created a public health and safety crisis.
C. The living conditions facing people experiencing homelessness are unhealthy and unsafe.
D. Homeless encampments create tons of hazardous waste, creating dangerous health conditions for the occupants and the entire city. The unsanitary conditions have led to infestation of disease-carrying rats and the spread of communicable diseases. Our rivers and storm water systems have become contaminated with unsafe levels of E. coli. The public has even been warned to stay out of the American River and to be wary of needles in our public parks because of the dangerous conditions caused by homeless encampments.
E. Criminal activity may be present near established encampments, which creates potential victimization of all residents, housed and unhoused. The prevalence of substanc e abuse and mental health disorders can also lead to an increase in low-level offenses due to individuals being disconnected from supports and housing.
F. Homelessness disproportionately impacts people of color, members of the LGBTQ+ community, former foster youth, and veterans. These populations are more likely to suffer from these deplorable living conditions.
G. Governor Newsom has stated that the ideal long -term solution to solving homelessness is permanent housing with services for those needing assistance with drug addiction, mental illness, and economic disadvantages. But, as the Governor also noted, that could take years to come to fruition. The Governor stated that we must do more – we must find a “bridge to permanent supportive housing.” Unfortunately, funding resources make it impossible to successfully create both short-term and long-term solutions simultaneously.
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H. The community of Sacramento has demanded an immediate and urgent response from their city government. There is nothing compassionate about letting people deteriorate and ultimately die on our city streets. There is nothing compassionate about allowing large encampments that create a public health and safety crisis. And there is nothing compassionate in allowing conditions which threaten the livability, security, and economic vitality of the city. The community of Sacramento has demanded that the city take i mmediate action to address this crisis, which includes taking humane action to move persons camping on public streets to a safer and more suitable and secure housing location, or to a shelter facility until permanent housing is provided. We must provide the homeless with a bridge to a more permanent housing solution.
I. Under existing law, the City is authorized to commence proceedings against private property owners to abate unlawful camping and unlawful storage of personal property that occurs on their property. The City owns thousands of acres of public property, and the City should be held responsible to abide by the same standard that the City imposes on the owners of private property. Any resident, or group of residents, harmed by unlawful camping and unlawful storage of personal property that occurs on public property must be authorized to de mand the City to abate those violations.
J. Therefore, the people hereby enact “The City of Sacramento Emergency Shelter and Enforcement Act of 2022.” Nothing in this Act prevents or prohibits the city from providing long- term housing or social services to persons experiencing homelessness, and doing so is necessary and encouraged. However, the c ity of Sacr amento must also take immediate steps to create emergency shelter space and to enforce its laws and protect the interests of all of its citizens.
SECTION 2.
Chapter 12.100 is hereby added to the Sacramento City Code to read as follows:
Chapter 12.100 Emergency Shelter and Enforcement Act of 2022
12.100.010 Definitions.
The following definitions apply in this chapter:
“Camp” means to place, pitch , or occupy camp facilities; to live temporarily in a camp facility or outdoors; to use camp paraphernalia.
“Camp facilities” include, but are not limited to, tents, huts, vehicles, vehicle camping outfits, or temporary shelter.
“Camp paraphernalia” include s, but is not limited to, bedrolls, tarpaulins, cots, beds, sleeping bags, hammocks, or cooking facilities and similar equipment. “City manager” means the city manager or designee.
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“Emergency shelter space” means a city-authorized location providing temporary shelter or alternative sleeping space for a person experiencing homelessness until permanent shelter or housing can be obtained. “Emergency shelter space” includes the following:
(a) A n enclosed or partially enclosed space of at least 70 square feet with a bed and roof that provides protection from the sun and rain in which a person may sleep. (b) A space of at least 100 square feet in which a person may camp . The city may provide the camp paraphernalia, or the person may bring their own camp paraphernalia, according to the rules for that location. The city may permit the person to sleep in the space during designated nighttime hours and require them to vacate the space during the day, so long as each person is provided reasonable space for storage of property and possessions during the time the person is required to vacate the space. (c) A space of at least 150 square feet in which a person may park a vehicle in which they can sleep temporarily.
“Encampment” means four or more unrelated persons camping together or within 50 feet of each other and without permitted electrical power, permitted running water, and permitted bathroom facilities that serve that encampment. “Harm” means monetary loss and the loss of the quiet use and enjoyment of private or public property.
“Minimum threshold” means the number of emergency shelter spaces that equals 60% of the estimated number of unsheltered homeless persons in the city and county pursuant to the 2022 PIT Count Report or the most recent PIT Count Report, whichever is less.
“New emergency shelter spaces” mean s shelter spaces identified or authorized after December 31, 2021.
“PIT Count Report” means the report of the Point-in-Time Homeless Count documenting the results o f the survey of every individual in the County of Sacramento experiencing homelessness during a twenty -four-hour period , conducted to fulfill a
federal funding requirement from the U.S. Department of Housing and Urban Development.
“Resident” means a person who resides in the city or owns a business located in the city, and includes a group of residents, or an organization of residents.
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“Unrelated” means not related by blood, adoption, marriage, or registered domestic partnership.
“Utilization rate” me ans the percentage calculated as follows: ( monthly average number of occupied emergency shelter spaces )/(total emergency shelter spaces identified and authorized by the city manager). For purposes of this calculation, the monthly average is calculated usi ng the daily counts conducted pursuant to section
12.100.020.
12.100.020 Emergency shelter identified and provided.
The city of Sacramento hereby declares its commitment to identify and authorize the minimum threshold as follows:
A. Within 90 days of the effective date of this chapter, the city manager will identify and authorize at least the number of new emergency shelter spaces that equals 2 0% of the minimum threshold. If in any given month thereafter, the utilization rate is greater than 60%, the city manager shall, within 30 days, identify and authorize an additional number of emergency shelter spaces that equals 20% of the minimum threshold.
However, the city manager shall not be required to identify and authorize emergency shelter spaces that exceed the minimum threshold.
B. Nothing in this section restricts the city manager from identifying and authorizing more emergency shelter spaces in any given time period if funds are available.
C. F or purposes of subsections A through D, the city manager may include emergency shelter spaces within the city that are:
1. On any public property, except for city streets, sidewalks, or neighborhood parks; locations within 1,000 feet of a K -12 school, public library, licensed daycare or preschool facility, or playground; or locations within 500 feet of a stream or river;
2. P rovided by nonprofit organizations if such space is adequate and reasonably available; and
3. Established by contract with an owner of private property, or a local, state, or federal government.
D. T he city manager will require all persons within an emergency shelter space to comply with all laws and rules for that location.
E. The city manager may allow emergency shelter spaces to accommodate persons with physical disabilities, partners, and pets (though pets may be kenneled), as necessary to further the purposes of this chapter.
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F. The city manager will inform all city employees or contractors conducting outreach and relevant city agencies, including the police department, of the number and location of emergency shelter spaces available as of 5:00 p.m. each day. The city manager may accomplish this by developing an internet-based application that provides real-time updates of the availability of emergency shelter space s to city employees, service providers, advocates, nonprofits, and the public.
G. The city manager will collect data regarding the progress in providing emergency shelter space, and in eliminating encampments and unlawful camping; and report the data to the city council every thirty days. Within 12 months of the effective date of this chapter, the city will achieve a significant reduction in the number of encampments and in the number of unsheltered persons; and the city manager will report the results to the city council.
H. At least five days per week , t he city manager will deploy city personnel or contractors in a designated part of the city, as determined by the city manager, to conduct outreach to persons unlawfully camping and to offer available emergency shelter space, as appropriate for that person. The outreach shall include, at a minimum:
1. Giving notice orally and in writing to persons camping on public property in violation of section 12.52.030 that doing so is illegal, and that the law will be enforced in that designated part of the city beginning on a specified date at least 14 days from the date the notice is first provided.
2. Making reasonable efforts to connect persons who are illegally camping with appropriate county social services agencies, including mental health services and drug rehabilitation services, and maintain ing data on those efforts and the county agencies’ participation.
3. Assisting with the relocation of the person who is camping to a housing unit, shelter, or emergency shelter space. The city may use city personnel and vehicles or may obtain the services of contractors to provide such services (e.g., waste removal and rideshare services). The city may pay a person for the reasonable value of that personal property in lieu of moving such property if the person agrees to such sale. If the person agrees to the sale, the city may dispose of the property, in the city manager’s discretion.
I. S ubject to the limitations set forth in section 12.100.060, the duties imposed on the city manager pursuant to this section are mandatory.
12.100.030 Unlawful camping enforcement.
Section 12.52.030 (unlawful camping) may not be enforced against a ny individual on public property unless and until all the following have occurred:
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A. The city manager has authorized the number of emergency shelter spaces, in accordance with section 12.100.020;
B. The city manager has determined that an emergency shelter space for the individual is currently available, in accordance with section 12.100.020.F; C. The city manager has offered the individual an emergency shelter space; and
D. The individual has rejected the city’s offer of an emergency shelter space and refuses to move from the public property.
12.100.040 Unlawful encampments.
A. It is unlawful and a public nuisance for any person to do the following in an encampment located on any public or private property:
1. C amp, occupy camp facilities, or use camp paraphernalia; or
2. Accumulate or fail to properly dispose of waste including, but not limited to, hazardous waste, human waste, garbage, debris, and used needles.
B. T his section does not prohibit encampments on private residential property by friends or family of the property owner, so long as the owner consents and the encampment is limited to not more than one consecutive night.
C. T his section does not prohibit or make unlawful, activities of an owner of private property or other lawful user of private property that are normally associated with and incidental to the lawful and authorized use of private property for residential o r other purposes; and provided further, this section does not prohibit or make unlawful, activities of a property owner or other lawful user if such activities are expressly authorized by the Planning and Development Code or other laws, ordinances, and regulations.
D. The city manager may, in his or her discretion, issue a permit to establish, maintain, and operate an encampment in connection with a special event. A special event is intended to include, but not be limited to, programs operated by th e departments of the city, youth or school events, marathons or other sporting events , and scouting activities. The city manager may consult with various city departments, the health officer, and the public prior to issuing any temporary permit. Each department or person consulted may provide comments regarding any health, safety or public welfare concerns and provide recommendations pertaining to the issuance, denial, or conditioning of the permit. A reasonable fee, to be set by the city council shall be p aid, in advance, by the
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applicant. The fee shall be returned if the application is denied. In exercising his or her discretion to issue a temporary permit, the city manager may consider any facts or evidence bearing on the sanitary, health, safety and welfare conditions on or surrounding the area or tract of land upon which the proposed temporary camp or camp facility is to be located.
E. Notwithstanding the provisions of section 12.100.030, subsection A of this section may be enforced to prohibit encampments on public or private property without regard to the provisions of section 12.100.020.
F. A violation of this section is a misdemeanor. In addition to the remedies set forth in California Penal Code section 370, the city attorney may institute civil actions to abate a public nuisance under this chapter.
12.100.050 Abatement of unlawful camping or storage on public property owned by the city.
A. A ny resident harmed by a violation of sections 12.52.030 (unlawful camping) or
12.52.040 (unlawful storage) on public property owned by the city , except for public property used for emergency shelter space , is authorized to commence proceedings to require the city to abate the violations. This section goes into effect 180 days after the effective date of this chapter.
B. To commence proceedings to require the city to abate the violation of sections
12.52.030 or 12.52.040 on public property owned by the city , a resident must file with the city clerk a notice of violation and demand to abate (“notice and demand”). The city manager shall create a form for the notice and demand and establish a process for filing the notice and demand that complies with this section. The process for filing the notice and demand shall include options to file online, by personal delivery, and by mail. No fee shall be imposed for the filing of a notice and demand. The notice and demand must contain:
1. The street address or such other description needed to identify the location of the subject public property;
2. A description of the conditions that constitute the violation of s ection
12.52.030 or 12.52.040;
3. A description of the harm to the resident caused by the violation;
4. A demand that the city take action to abate the violation.
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C. Within 20 days from the date the city receives the notice and demand, the city shall inspect the subject public property location and respond to the notice and demand by informing the resident that the city will:
1. Abate the violations within 45 days of the date the notice and demand was received by the city , by following the outreach and relocation process as described in section 12.100.020.H;
2. Require an extension of time to abate the violation, not to exceed 30 days;
3. N ot abate the violation because the city does not own the subject property; or
4. D ispute that a violation exists.
D. If the city manager determines that the city does not own the subject property, disputes that a violation exists, or otherwise refuses or fails to cure the violation within the time prescribed, the resident may seek an appeal, consistent with the provisions of section 8.04.170 et seq . The city manager shall establish rules of procedure for the processing of appeals filed pursuant to this section, so long as they are consistent with this chapter and the appeal procedures in chapter 8.04.
E. N otwithstanding any provision of chapter 8.04 to the contrary , the hearing examiner’s authority on appeal is limited to determining whether , pursuant to this chapter, the city must abate the alleged violations on public property, and if so, ordering the city to take any appropriate action to abate the violation.
F. If, following an appeal pursuant to subsection D, the hearing examiner orders the city to abate the violation, the resident shall be entitled to recover from the c ity their costs and reasonable attorney’s fees incurred, if any, in connection with the hearing.
12.100.060 Budgeting.
A. To fund the commitments, obligations, and liabilities created under this chapter, the city manager shall first allocate the money from external sources, such as county, state, and federal governments.
B. I f the resources allocated in subsection A are not sufficient to meet the commitments, obligations, and liabilities created under this chapter , the city manager shall then annually allocate up to 50% of unobligated general fund year-end resources, as identified in the city’s budget, not to exceed $5,000,000.
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SECTION 3 . General Provisions.
A. If any provision or subsection of this Act or application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or subsections or applications of the Act which can be given effect without the invalid provision or subsection o r application, and to this end the provisions of this Act are severable.
B. This Act is intended to be comprehensive. It is the intent of the people that in the event this Act or acts relating to the same subject shall appear on the same ballot, the provisions of the other Act or Acts shall be deemed to be in conflict with this Act. In the event that this Act receives a greater number of affirmative votes, the provisions of this Act shall prevail in their entirety, and all provisions of the other Act or Acts shall be null and void.
C. This Act may be amended by the city council upon a two-thirds vote of the m embers of the council, but only to further the purposes of this Act.
SECTION 4. M
ajority Approval; Effective Date.
This ordinance shall be effective only if approved by a majority of the voters voting on this ordinance and shall be operative on the date so approved by the voters.
1 The people of the City of Sacramento do ordain as follows:
SECTION 1. STATEMENT OF FINDI NGS AND DECLARATION OF PURPOSE A. The most important issue facing our city is the massive increase in the number of people living on our public streets and sidewalks, in abandoned vehicles, or in other public spaces. Recent data indicates that the number of unsheltered home less individuals has more than doubled in just the last few years.
B. Numerous homeless encampments, many with dozens of people livi ng in tents and other make-shift shelters on both public and private property, have crea ted a public health and safety crisis.
C. The living conditions facing people experien cing homelessness are unhealthy and unsafe.
A recent study found that homelessness reduces a pe rson’s life expectancy by 25 years or more.
Nearly 200 people died on our city streets last year.
D. Homeless encampments, in particular, create tons of hazardous waste, creating dangerous health conditions for the entire city. The unsanitary conditions have led to infestation of disease- carrying rats and the spread of communicable diseases. Our rivers and storm water systems have become contaminated with unsafe levels of E. coli. Our citizens have even been warned to stay out of the river and to be wary of needles in our public parks because of the dangerous conditions caused by homeless encampments.
E. Crime often occurs in and around encampments , mostly in connecti on with illegal drug use. Retail theft, burglary, and other property crimes support the flourishing drug trade hiding in these encampments. Homeless indi viduals living in these encamp ments are also subjected to crime, including assaults, rape, and human-trafficking.
F. Homelessness disproportionately impacts pe ople of color, members of the LGBTQ+ community, former foster youth, and veterans – meaning these populations are two or three times more likely to suffer from these deplorable living conditions.
G. Governor Newsom recently st ated that the ideal long-term solution to solving homelessness is permanent housing with services for those needing assistance with drug addiction, the mentally- ill, and economically-disadvantaged. But, as the Governor also noted, that could take years to come to fruition. The Governor stated that we must do more – we must find a “bridge to permanent supportive housing.” Unfortunately, our City Council has focused almost exclusively on finding long-term solutions.
H. The people demand an immedi ate and urgent response from our city government. There is nothing compassionate about letting people deteriorate and ultimately die on our streets. There is nothing compassionate about allowing large encampments that create a public health and safety crisis. And there is nothing compassionate in allowing conditions which threaten the livability, security and economic vitality of the city. Immediate action is necessary. If a person is camping on a public street, moving them to a safer and mo re suitable location is a humane and sensible Attachment 3
2 temporary response. We must provide the homel ess with a bridge to a more permanent housing solution.
I. Therefore, the people hereby enact the “E mergency Temporary Shelter and Enforcement Act of 2022.” Nothing in this Act prevents or prohibits the City from providing long-term housing or social services to homeless individuals, and doing so is necessary a nd encouraged. However, the City of Sacramento must also take immediate steps to enforce its laws and protect the interests of all of its citizens.
SECTION 2. Unlawful Camping on Public and Private Property Prohibited.
Sections 12.52.010, 12.52.020, 12.52.030, and 12.52.040 of Chapter 12.52 of the Sacramento City Code are hereby amended (additions denoted in underlined type and deletions denoted in strikeout type)) and Section 12.52.045 is hereby added to read as follows:
Chapter 12.52 CAMPING
12.52.010 Purpose.
The streets and public areas within the city should be readily accessible and available to residents and the public at large. The use of these areas for camping purposes or storage of personal property interferes with the rights of others to use the areas for which they were intended. Such activity can constitute a public health and safety h azard which adversely impacts neighborhoods and commercial areas. Camping on private property without the consent of the owner, proper sanitary measures and for other than a minimal duration adversely affects private property rights as well as public health, safety, and welfare of the city. The purpose of this chapter is to maintain streets, parks and other public and private areas within the city in a clean, sanitary and accessible condition and to adequately protect the health, safety and public welfare of the community, while recognizing that, subject to reasonable conditions, camping and camp facilities associated with special events can be beneficial to the cultural and educational climate in the city. Nothing in this chapter is intended to interfere with otherwise lawful and ordinary uses of public or private property.
Large unauthorized encampments on public and private property create additional and more dangerous public health and safety concerns for those experiencing homelessness and the general public and also threaten the livability, security, and economic vitality of the city.
The City needs to enforce these laws while providing immediate emergency shelter and emergency camping spaces as an alternative to unauthorized camping.
12.52.020 Definitions.
Unless the particular provisions or the context otherwise requires, the definitions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter.
“Camp” and “camping” means to temporarily or permanently live, dwell, or sleep outdoors; place, pitch or occupy or temporarily live in camp facili ties; to live temporarily in a camp facility or outdoors; to use camp paraphernalia.
3 “Camp facilities” include, but are not limited to, tents, huts, vehicles, vehicle camping outfits or temporary shelter or structures.
“Camp paraphernalia” includes, but is not limited to, bedrolls, tarpaulins, cots, beds, sleeping bags, hammocks, items used for the making of any unaut horized fire, or cooki ng facilities and similar equipment, for the purpose of camping, or storage of personal belongings. “City manager” means the city manager or designee.
“Emergency shelter space” means a city-authori zed location providing temporary shelter in an enclosed or partially-enclosed area with a roof and bed that provides protection from the sun and rain in which a person may sleep in an area totaling at least seventy (70) square feet per person. “Emergency camping space” means a city-authorized location providing temporary space in which a person may camp in an area totaling at least one -hundred (100) square feet per person, whether the city provides the camp paraphernalia or the individual brings th e individual’s own camp paraphernalia, according to the city or organization’s rules or preferences. “Emergency camping space” may include spaces where a person is permitted to sleep during designated nighttime hours and is required to vacate the space during the day so long as each individual is provided reasonable space for storage of property and possessions during the time the individual is required to vacate the space.
“Encampment” means four or more unrelated individuals camping t ogether or within fifty (50) feet of each other and without permitted electrical power, running water, and bathroom facilities. “Establish” means setting up or moving equipment, supplies or materials on to public or private property to “camp” or operate camp facilities.
“Maintain” means keeping or permitting equipment, supplies or materials to remain on public or private property in order to camp or operate camp facilities. “Operate” means participating or assisting in establishing or maintaining a camp or camp facility. “Park” means the same as defined in Section 12.72.010 of this title. “Private property” means all private property including, but not limited to, streets, sidewalk, alleys, and improved or unimproved land.
“Public property” means all public property including, but not limited to, streets, sidewalks, alleys, improved or unimproved land and parks.
“Store” means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.
“Street” means the same as defined in Section 12.16.180 of this title. “Unrelated individuals” mean related by blood, adoption, marriage, or registered domestic partnership.
12.52.030 Unlawful camping.
A. It is unlawful and a public nuisance for any pe rson to camp, occupy camp facilities, or use camp paraphernalia in the following areas:
1 A. Any public property, except for public property designated as an emergency shelter space or emergency camping space; or
4 2. B. Any private property.
B. It is unlawful and a public nuisance for any person to camp, occupy camp facilities, or use camp paraphernalia in an encampment located in the following areas:
1. Any public property, except for public property designated as an emergency shelter or camping site, or
2. Any private property.
C. 1. It is not intended by this section to prohibit overnight camping on private residential property by friends or family of the property owner, so long as the owner consents and the overnight camping is limited to not more than one consecutive night.
2. Nothing in this chapter is intended to pr ohibit or make unlawful, ac tivities of an owner of private property or other lawful user of privat e property that are normally associated with and incidental to the lawful and au thorized use of private property for residential or other purposes; and provided further, nothing is intended to prohi bit or make unlawful, activities of a property owner or other lawful user if such activities are expressly authorized by the Planning and Development Code or other laws, ordinances and regulations.
3. The city manager may, as provided in Section 12.52.050 of this chap ter, issue a temporary permit to allow camping on public or private property in connection with a special event.
D. 1. A violation of this section is a misdemeanor. In addition to the remedies set forth in Penal Code Section 370, the city attorney may institute civil actions to abate a public nuisance under this chapter.
2. Subsection A of this section may not be enforced against an individual ca mping on public property unless and until all of the following has occurred:
a. The City Manager has authorized emergency shelter space, and/or emergency camping space pursuant to section 12.52.045A, and
b. The City Manager has determined the current availability of such spaces for the individual pursuant to section 12.52.045D, and
c. The City Manager has offered the individual space in an emergency shelter and/or emergency camping space, and
d. The individual has rejected the city’s offer of an emergency shelter space and/or emergency camping space and refuses to move from the public property.
3. Subsection B of this section may be enfor ced to prohibit encampments on public or private property without regard to sections 12.52.045A or D.
12.52.040 Storage of personal property on public and private property.
A. It is unlawful and a public nuisance fo r any person to store personal property, including camp paraphernalia, in the following areas, except as otherwise provided by resolution of the city council:
1. A. Any public property; or
2. B. Any private property without the written consent of the owner.
5 B. It is unlawful and a public nuisance for any person to improperly dispose of hazardous waste, including, but not limited to, human waste, garbage, debris, used needles, in an encampment or camp facility.
C. A violation of this section is a misdemeanor. In addition to the remedies set forth in Penal Code Section 370 the city attorney may institute civil actions to abate a public nuisance under this chapter.
12.52.045 Emergency Shelter Id entified and Provided.
A. Within sixty (60) days following the enactment of this ordinance, the City Manager shall identify and authorize emergency shelter space and/or emergency camping space, equal to at least seventy-five percent (75%) of the total number of homeless individuals estimated to reside in the city pursuant to the last point-in-time (“PIT”) count conducted in the city.
1. The City Manager may, for purposes of subsect ion A, include emergency shelter space or emergency camping space, provided by nonprofit organizations operating such shelters within the city so long as such space is adequate and reasonably available.
2. The City Manager shall require compliance with all municipal and state laws within an emergency shelter space and emergency camping space and shall provide reasonable security to protect the safety of those using the facility and the public generally.
3. The City Manager may allow emergency shel ter spaces and emergency camping spaces to accommodate persons with physical disabilities, partners, and pets (though pets may be kenneled), as necessary to further the purposes of this chapter.
B. The City Manager may use any public property, except for city streets, neighborhood parks, or locations within one thousand (1,000) feet of a K-12 school, public library, daycare or preschool facility, or playground, or five hundred (500) feet from a stream or river. The City Manager may contract with the County, State, and/or Federal governments, or the owner of private property, for the provision of emergency shelter space or emergency camping space.
C. The City Manager may reduce the number of emergency camping spaces and/or emergency shelter spaces in the City Manager’s discreti on, and upon City Council approval, if there are consistently unused emergency camping spaces and/or emergency shelter spaces, and the most recent PIT count has shown a reduction of at l east seventy-five percent (75%) in unsheltered homelessness from the 2022 PIT count (or the 2019 PIT count if no 2022 PIT count was conducted).
D. The City Manager shall inform all rele vant public agencies, including the police department, and city outreach workers and relevant contractors if any, of the number and location of open and unused emergency shelter spaces and emergency camping spaces available as of 5:00 p.m. each day.
E. The City Manager shall colle ct data regarding, and report to the Council every thirty days on, the progress in provision of emergency sh elter space and/or emergency camping space, and
6 the progress towards the elimination of encampmen ts and unauthorized camping. Within twelve months from the enactment of this Act, the Ci ty Manager shall achieve a significant reduction in the number of encampments and a significant reduction in the num ber of unsheltered homeless individuals, and the City Manager shall report such results to the Council.
F. The City Manager shall deploy city personnel an d/or obtain the services of contractors to conduct outreach, on at least every working day, to homeless individuals camping illegally in a designated part of the city, as determined by the City Manager, to offer available emergency shelter space or emergency camping space, as appropriate for that individual. The outreach shall include, at a minimum:
1. Notice to all individuals camping illegally that such camping and encampments on public property are illegal in the city, and that the law will be enforced in the particular area beginning on a designated date not earlier than fourteen (14) days from the date notice is first provided. The notice shall be given orally and in writing.
2. The outreach worker or social worker shal l make reasonable efforts to connect camping individuals with appropriate county social services agencies, including mental health services and drug rehabilitation services, and maintain data on both efforts and county agency participation.
3. Assistance in the relocation of the camping individual and disposal of, or movement of a reasonable amount of, the camping i ndividual’s personal property to an emergency shelter space or emergency camping space. The City Manager may use city personnel and vehicles or may obtain the services of contractors to provide such serv ices (e.g. waste removal a nd rideshare se rvices).
The City Manager may pay a camping individual for the reasonable value of his or her personal property in lieu of moving such property, if the camping individual agrees to such sale. If the camping individual agrees to the sale, the City Ma nager may dispose of the property in the City Manager’s discretion.
G. The duties imposed on the C ity Manager pursuant to this section are mandatory and not discretionary.
SECTION 3. Enforcement and Abatement of Public Nuisance Caused by City Inaction.
Section 8.04.275 is added to Article V of Chapter 8.04 of the Sacramento City Code to read:
8.04.275 Nuisance Abatement Caused by City
A. Under existing law, this Chapter authorizes the City to commence proceedings against the owner of private property to enforce code violations and to abate public nuisances. The City owns thousands of acres of public property, and the City should be held responsible to abide by the same code requirements and public nuisance laws that the City imposes on the owners of private property and any resident, or or ganization or group of residents, harmed by the violation or nuisance must be authorized to demand abatement of such a nuisanc e by the City. This section goes into effect one hundred and eighty (180) days after enactment of this ordinance.
B. To commence a nuisance abatement proceedin g against the City for a code violation or public nuisance on city property, a resident, or organiza tion or group of residents, shall issue a
7 notice of violation and demand to abate (“notice and demand”) directed to the City Manager. The City Manager shall create a form notice and demand that complies with this section which shall include an online submission op tion, and an option for personal or mail delivery to the City Manager. No fee shall be imposed for the s ubmission of a notice and demand. The notice and demand shall contain:
1. The street address and/or such other description as is required to identify the city property;
2. A statement specifying the conditions which constitute the nuisan ce and declaring such conditions to be a public nuisance pursuant to Section 8.04.100 of this chapter or an unlawful camp, camp facilities, or encampment under Sections 12.52.030 or 12.52.040;
3. A statement describing how th e public nuisance has caused inju ry, damage, or harm to the resident or organization, or the resident or organization’s use of their private property or the public property, or to the group of residents or group of organizations, or the use of their private property or public property, so long as each member of the group of resi dents or group of organizations submits separate statements of injury, damage, or harm;
4. A statement of the action required to be taken to abate the public nuisance;
5. A demand that the City Manager abate the nuisan ce prior to a set date, not less than forty-five (45) days from the date of the notice and demand if received onlin e, or sixty (60) days from the date of the notice and demand if received by mail.
C. Within twenty (20) days from the date of the notice and demand if received online, or thirty (30) days from the date of the notice and demand if received by mail, the City Manager shall inspect the property in question and respond to the notice and demand informing the resident that the city will either:
1. abate the nuisance within the time demanded by following the outreach and relocation process as defined in section 12.52.045;
2. request an extension of time to abate the nuisa nce, not to exceed thirty (30) days of the time demanded;
3. not abate the nuisance because the city does not own the property in question; or
4. dispute that a public nuisance exists.
D. If the City Manager claims that the city does not own the property in question or that a public nuisance exists, or refuses to or otherwise fails to abate the nuisance within the time period prescribed herein, he or she shall advise the resident that he or she will seek a hearing as provided in section 8.04.180, which shall be conducted pursuant to this Article.
E. If the City Manager fails to obey an order of the hearing examiner following the hearing, notwithstanding section 8.04.290, the hearing examiner’s authority is limited to instituting any appropriate action to abate the conditions which constitute a public nuisance.
F. If the city is ordered to abate the nuisance following a hearing pursuant to subsection D, the resident shall be entitled to recover from the City his or her costs and attorney’s fees incurred, if any, in connection with the hearing.
G. For purposes of this section:
8 1. “injury, damage, or harm” includes monetary lo ss and/or the quiet enjoyment of the use of a resident’s or an organization’s personal property or the public property at issue.
2. “resident” includes a person who resides or conducts business within the city.
SECTION 4. General Provisions.
A. If any provision or subsection of this Ac t or application ther eof to any person or circumstance is held invalid, that invalidity sha ll not affect other provisions or subsections or applications or the Act which can be given effe ct without the invalid provision or subsection or application, and to this end the provisions of this Act are severable.
B. This Act is intended to be comprehensive. It is the intent of the people that in the event this Act or acts relating to the same subject sha ll appear on the same ballot, the provisions of the other Act or Acts shall be deemed to be in conflict with this Act. In the event that this Act receives a greater number of affirmative votes, the provisions of this Act shall prevail in their entirety, and all provisions of the other Act or Acts shall be null and void.
C. The City Attorney shall defend any legal challe nge to the validity of this Act, or any part thereof, and shall consent to a motion to intervene by the proponents of the measure or the sponsors responsible for qualifying and passing this Act. If the City Attorney fails to defend the Act or any part thereof, the City shall be responsible to reimburse the proponents or sponsors of the measure for any attorney’s fees incurred by them in defending the legality of the Act in court.
D. This Act may be amended by the City Council upon a two-thir ds vote of the Members of the Council, but only to further the purposes of this Act and only after the number of unsheltered homeless individuals in the City has been reduced by at least seventy-five (75%) from the date this Act is enacted.