City of Sacramento
City Council - 12:30PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-00903 8/1/2023 Discussion Item 4.
Updated Homeless Response Protocol
File ID: 2023-00903
Location: Citywide
Recommendation: Adopt a Resolution that: 1) Gives Direction to the Sacramento City Manager to Enforce Provisions of the Sacramento City Code relating to Critical Infrastructure; Sidewalk Obstructions and Pedestrian Interference; Park Use Regulations; Storage of Personal Property on Public Property; and Vehicles and Traffic, as well as provisions of the California Vehicle Code applicable to vehicle encampments; 2) provides the Sacramento City Manager with the authority to use any and all appropriate funding within his budgetary authority to carry out the purposes of the resolution; and 3) rescinds Resolution No. 2022-0286 Direction to Sacramento City Manager and the Sacramento City Attorney Re: Enforcement of Chapter 12.24 of the Sacramento City Code.
Contact: Howard Chan, City Manager, (916) 808-7488, [email protected], Office of the City Manager
Presenter: Mario Lara, Assistant City Manager, (916) 808-8526, [email protected], Office of the City Manager
Attachments:
1 - Description/Analysis
2 - Councilmember Proposal Request Submission sponsored by Council Members Rick Jennings, Lisa Kaplan, and Karina Talamantes
3 - Resolution
4 - Updated Citywide Homeless Response Protocol
5 - Sample of the City’s Frequently Asked Questions regarding life necessities Description/Analysis
Issue Detail: This item is a follow up to the Homeless Workshop held on June 27, 2023. The attached updated Citywide Homeless Response Protocol incorporates comments received from Council at Homeless Workshop and per the attached Councilmember Proposal Request Submission sponsored by Council Members Rick Jennings, Lisa Kaplan, and Karina Talamantes.
The homeless response protocol is being hereby updated to provide that violations of the
File ID: 2023-00903 8/1/2023 Discussion Item 4.
Sacramento City Code, especially those relating to Park Use Regulations; Storage of Personal Property on Public Property and violations of the California Vehicle Code applicable to vehicle encampments be included as conditions that qualify as encampment as Level 1-Highest Priority- in addition to Critical Infrastructure and Sidewalk Ordinance enforcement. The Purpose of this update is to ensure that response strategy to encampments is focused on gaining compliance with City Code and the California Vehicle Code.
The enforcement and compliance efforts above will include significant camp management efforts, with attention to life necessities, targeted to the individual person on a case-by-case basis. Life necessity items are items identified by persons as necessary for their particular physical, emotional, or mental health, and/or wellbeing as an individual. Attachment 5 to this Staff Report provides a sample of the City’s Frequently Asked Questions regarding life necessities that may be published following adoption of this resolution.
Policy Considerations: The updated Citywide Homeless Response Protocol is in alignment with the Emergency Shelter and Enforcement Act of 2022, and the following Chapters in the City Code:
1. Chapter 8.140 Protection of Critical Infrastructure and Wildfire Risk Areas, in particular 500 feet buffer zone around schools, K-12, within the Critical Infrastructure List (“500 feet buffer zone”);
2. Chapter 8.16 Abatement procedure for abandoned, wrecked, dismantled or inoperative vehicles;
3. Chapter 10.36.08 Removal of vehicles from the street and 22651 of the California Vehicle Code
(CVC);
4. Chapter 12.24 Sidewalk Obstructions and Pedestrian Interference;
5. Chapter 12.52.040 Storage of personal property on public property;
6. Chapter 12.72.060 Park use regulations.
Economic Impacts: Not applicable.
Environmental Considerations: This report is not a project pursuant to the California Environmental Quality Act (CEQA). As there is no potential for this workshop to result in a direct physical change in the environment or a reasonably foreseeable indirect physical change, this report does not qualify as a “project” under CEQA. (See CEQA Guidelines 15378(a).) Sustainability: Not applicable.
Commission/Committee Action: Not applicable.
Rationale for Recommendation: This follow up item is in response to comments received from Council on June 27, 2023, during homeless workshop discussion.
Financial Considerations: Not Applicable.
Local Business Enterprise (LBE): Not Applicable.
. '. I. { '/ l 0/
SACRAMENTO
(OUNCILMEMBER PROPOSAL REQUEST SUBMISSION
Process as outlined in the Council Rules of Procedure, Chapter 12.
Submission Date: 6/27/2023
SUBJECT (brief summary): Request for Sacramento City Council action to create a Healthier and Safer Community in addressing our unhoused and homeless community Councilmember Sponsor: Rick Jennings, �a Kaplan and Karina Talamantes Assigned Council Staff Members: Chief of Staff in each Council office (Dennis, Misty and Scott) ····· - . ---- . ··- �
Bring back to City Council for immediate adoption:
Proposal Summary/Recommendation (Provide a brief description of the proposal):
1) Staff Citywide Homelessness Response Protocol
-Add in Priority Level 1 the Critical Infrastructure Ordinance and the Vehicle Remq,val Ordinance . ,
2) Health & Safety Camp Management Protocol, which includes but is not limited to voluntary waste, trash pick-up and red box needles.
Bring to Law and Leg
a) the adoption of an essential items camping ordinance and b) Stabilization in Place ordinance that reduces city insurance liability Rationale for Recommendation {Identify the issue(s) that this proposal will address):
The crisis of unsheltered homelessness is one that impacts our entire community, both those experiencing homelessness and the broader community of housed residents, businesses and neighborhoods.
The voters in the City adopted Measure O and desire to hear the Council's direction on the City's role moving forward in working in partnership with the County to address the homelessness crisis. By adopting staff protocols, the city is taking direction and hopes the county will join in partnership in mirroring our actions.
Applicable Council Priority Goal:
• A safe, secure, healthy, and prepared community
o Climate Change: Reducing our Carbon Footprint
Councilmember Proposal Request Submission
Form Rev. 03/15/2023
Recommended Priority Level:
□ 0-30days
D 30-60 days
□ Greater than 60 days
City Council Committee Review Recommended:
□ Budget and Audit Committee (B&A)
� Law and Legislation Committee (L&L) referral only for item a & b (1 & 2 should come to city council for an immediate vote and adoption)
D Personnel and Public Employees Committee (P&PE)
□ Racial Equity Committee (RE)
□ City Board, Commission, or Committee Review Recommended {list advisory body{ies)):
Do any of the following Council Policy Considerations apply? If so, give a brief explanation:
□ DEi:
□ Climate Action:
Financial Considerations:
The impact of the adoptions of these ordinances is to save lives, for which the value is immeasurable.
The cost to implement and have compliance with existing ordinances on the books should be brought back to council for consideration.
Attachments to Support Summary/Recommendation:
(Please attach and explain council staff research that has been done on this proposal; Include all information received from outside careholders, drafts or examples compiled).
Councilmember Proposal Request Submission
Form Rev.03/15/2023
Mayor's Review:
Date Reviewed:
Committee Review Required:
D Budget and Audit Committee (B&A)
D Law and Legislation Committee (L&L)
□ Personnel and Public Employees Committee (P&PE)
D Racial Equity Committee
D City Board, Commission, or Committee Review (list advisory body(ies)):
Committee Review Exception Applies:
□ Urgent matter that requires quick council action.
D A matter related to a pending council matter.
□ A matter that on its face falls fully outside the jurisdiction of the City. □ A matter within the City Manager's executive function that does not need council authorization.
Department(s) Collaboration Needed:
Mayor's Additional Direction:
Mayor's Signature: _________________ Date: __________ _ Councilmember Proposal Request Submission
Form Rev.03/15/2023
City Council Standing Committee Scheduling:
Transmitted for addition to the following agenda(s) for committee review to initiate staff work on the proposal:
Standing Committee Tentative Agenda Date
Budget and Audit Committee (B&A)
Law and Legislation Committee (L&L)
Personnel and Public Employees Committee (P&PE)
Racial Equity Committee (RE)
Proposal will also be made part of the Council member Proposal Tracking Log.
City Clerk's Additional Comments:
City Clerk's Signature: ________________ Date: __________ _ Councilmember Proposal Request Submission
Form Rev.03/15/2023
Resolution 2023-#### July 25, 2023 Page 1 of 3
RESOLUTION NO. 2023-XXXX
Adopted by the Sacramento City Council
July 25, 2023
Direction to the City Manager to Enforce Provisions of the City Code relating to the Protection of Critical Infrastructure and Wildlife Risk Areas; Sidewalk Obstructions and Pedestrian Interference; Parks, Park Buildings and Recreational Facilities; Storage of Personal Property on Public and Private Property; and Vehicles and Traffic, as well as provisions of the California Vehicle Code applicable to vehicle encampments.
BACKGROUND
A. At any point in time, more than 5,000 persons within the City are experiencing unsheltered homelessness, according to the 2022 Sacramento County Point in Time Report.
B. Many of those unable to obtain shelter reside on the streets, in alleys and doorways, along the river, and in unauthorized encampments throughout the City.
C. The conditions in which these individuals live not only threaten their physical and mental health and safety, but also result in a threat to the public health, safety, and welfare of the community at large.
D. The City Council has heard extensive testimony on the impacts of homelessness on persons without shelter as well as on the community at large.
Resolution 2023-#### July 25, 2023 Page 2 of 3
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:
Section 1. Addressing Storage of Personal Property: The City Manager is directed to update the Citywide Homeless Response Protocol, attached hereto, to provide that violations of the Sacramento City Code relating to Storage of Personal Property on Public and Private Property shall be included as conditions that qualify as Level 1 – High Priority. The City Manager is further directed that the City’s response to sites designated as Level 1 – High Priority, must include enforcement of local law, including, but not limited to, provisions of the Sacramento City Code relating to Storage of Personal Property on Public and Private Property, as well as enforcement of state law, as applicable.
Section 2. Addressing compliance with state and local laws: The City Manager is directed to update the Citywide Homeless Response Protocol, attached hereto, to provide that violations of the California Vehicle Code, and of City Code provisions relating to: Critical Infrastructure and Wildlife Risk Areas; Sidewalk Obstructions and Pedestrian Interference; Parks, Park Buildings and Recreational Facilities; and Vehicles and Traffic, shall be included as conditions that qualify as Level 1 – High Priority. The City Manager is further directed that the City’s response to encampments designated as Level 1 – High Priority, must include enforcement of local law, including, but not limited to, provisions of the Sacramento City Code relating to Critical Infrastructure and Wildlife Risk Areas, Sidewalk Obstructions and Pedestrian Interference, Parks, Park Buildings and Recreational Facilities, , and Vehicles and Traffic, as well as enforcement of state law, including, but not limited to, provisions of the California Vehicle Code applicable to vehicle encampments.
Section 3. Budget: The City Manager is hereby authorized to use any and all appropriate funding within his budgetary authority to carry out the purposes of this resolution.
Adopted by the City of Sacramento City Council on July 25, 2023, by the following vote: Ayes:
Noes:
Abstain:
Absent:
Attest:
Resolution 2023-#### July 25, 2023 Page 3 of 3
Mindy Cuppy, City Clerk
The presence of an electronic signature certifies that the foregoing is a true and correct copy as approved by the Sacramento City Council.
CITYWIDE HOMELESS RESPONSE
PROTOCOL
Citywide Homeless Response Protocol
CURRENT VERSION : July 2023
PRIOR VERSION(s) : October 18, 2022, Citywide Homelessness Response Memo.
November 28, 2022, Sidewalk Ordinance and 500 ft. Buffer Zone K-12 Enforcement Guidance Memo.
REASON FOR REVISION : Revised to consolidate guidance memos into one policy document and to incorporate comments: (1) from City Council at the Homeless Workshop held on June 27, 2023; (2) from the Councilmember Proposal Request Submission from Council Members Jennings, Kaplan, and Talamantes.
Changes to this
Protocol :
The City Manager may amend this protocol, as needed, in consultation with the City Attorney’s Office (“CAO”).
Citywide Homeless Response Protocol
Contents
Objectives ................................................................................................................................................................................ 4 Scope ........................................................................................................................................................................................ 4 Overview .................................................................................................................................................................................. 5 Incident Management Team.................................................................................................................................................... 5 Response Activities .................................................................................................................................................................. 6 Outreach .......................................................................................................................................................................... 6 Encampment Management ............................................................................................................................................. 6 Compliance ...................................................................................................................................................................... 6 Response Strategies ................................................................................................................................................................. 7 General Response ............................................................................................................................................................ 7 Rapid Response ................................................................................................................................................................ 7 Coordinated Response ..................................................................................................................................................... 7 Response Workflow ................................................................................................................................................................. 8 Prioritization ............................................................................................................................................................................ 9 Level 1 – High Priority .................................................................................................................................................... 10 Level 2 – Moderate Priority ........................................................................................................................................... 10 Level 3 – Low Priority ..................................................................................................................................................... 11 Weekly Metrics and Reporting .............................................................................................................................................. 12 Attachment 1: Examples of Encampments and Response Strategies ................................................................................... 13
Citywide Homeless Response Protocol
Objectives
• To provide guidelines for interdepartmental response to encampments by the City of Sacramento (“City”). • To set objective criteria for identifying encampments that are a citywide priority for outreach and abatement. • To provide guidance for the City’s approach to addressing encampments that violate City Codes and State laws including, but not limited to, the following:
1. Chapter 8.140 Protection of Critical Infrastructure and Wildfire Risk Areas, in particular 500 feet buffer zone around schools, K-12, within the Critical Infrastructure List (“500 feet buffer zone”);
2. Chapter 8.16 Abatement procedure for abandoned, wrecked, dismantled or inoperative vehicles;
3. Chapter 10.36.08 Removal of vehicles from the street and 22651 of the California Vehicle Code (CVC);
4. Chapter 12.24 Sidewalk Obstructions and Pedestrian Interference;
5. Chapter 12.52.040 Storage of personal property on public property;
6. Chapter 12.72.060 Park use regulations.
Scope
“Encampments” is meant to be a broad term to encompass locations and situations where one or more persons are situated, in an unsheltered manner, such that their primary nighttime residence is not suitable for human habitation and/or living accommodation purposes.
“Living accommodation purposes” include sleeping and/or preparing to sleep; the use of tents or similar temporary shelter; and/or storing personal property (including but not limited to clothing, sleeping bags, bedrolls, blankets, sheets, luggage, furniture, backpacks, kitchen utensils, cookware, and other materials). These activities constitute an encampment when it reasonably appears, under the totality of the circumstances, that a person is using public property for living accommodation purposes, for one or more nights, as defined below.
This protocol pertains to the following encampments:
1. Encampments located on property owned or leased by the City;
2. Encampments located on a public right-of-way or City easements; and
3. Encampments located within the City Limits, on property owned or leased by another public entity, if the City has signed a written agreement authorizing the City to conduct outreach and abatement.
This protocol does not pertain to encampments on privately-owned property.
Citywide Homeless Response Protocol
Overview
Service Requests related to encampments originate from 311 and/or direct constituent complaints to the City, including any member of the City Council, or through Notice and Demand form, 911 calls, calls to Sacramento Police Department’s non-emergency line. Note: if service request does not originate from 311, the Department of Community Response shall generate a 311 ticket for internal coordination purposes.
Salesforce will be the primary system of record and reporting for general citywide homelessness response though all involved agencies will continue to record activities and report according to their established department practice.
All service requests related to unhoused encampments must be categorized into sub service types. Generally, these requests are generated via 311, direct constituent complaints to the City, calls to Sacramento Police, or through Notice and Demand forms. Sub service categorization is important because the type of response required will be determined by the specific category given to the sub service type. Sub service types and associated responses shall be the following:
• Concern – General Response Strategy;
• Homeless Encampment Blocking Sidewalk – Rapid Response Strategy; • Homeless Encampment within 500 ft of a School – Rapid Response Strategy; • Park or Bike Trail –Rapid Response Strategy.
Incident Management Team
The citywide response to homelessness will be coordinated by an Incident Management Team (“IMT”). The IMT shall hold daily and weekly coordination meetings for rapid response to small and medium encampments in violation of the Sacramento City Code (“SCC”) or the California Vehicle Code (“CVC”). The IMT shall also coordinate response to address larger complex encampments that require intensive outreach and engagement efforts, prior to conducting cleanup and compliance with the SCC and/or CVC.
Citywide Homeless Response Protocol
Response Activities
To ensure public health and safety, the City will employ three main types of activities when responding to encampments:
outreach, encampment management/cleanup, and compliance with State law and the SCC. These main activities are intended to connect community members experiencing homelessness with the appropriate social services, and to reduce and minimize the negative impact of encampments on surrounding neighborhoods.
Outreach
The Department of Community Response (“DCR”) will be the primary response agency for outreach activities. Outreach shall focus primarily on assessing the needs of encampment residents and connecting those residents to social services as appropriate and available. For larger and more complex encampments, DCR will prioritize and assign City/County Partnership teams to conduct outreach and engagement for the purpose of delivering behavioral health services and offering temporary shelter.
Encampment Management
Encampment management activities primarily include cleanup and removal of trash and hazardous materials. The City will procure contract services to ensure that removal of trash, needles, and other hazardous materials is conducted daily.
DCR staff will prioritize locations based on calls for services and field assessments.
Compliance
The lead agencies for gaining compliance with the SCC and the CVC are the Sacramento Police Department (“SPD”), the Park Rangers (“Rangers”) for calls that are within parks or bike trails, and Code Enforcement Division (“Code”) for removal of vehicles from streets.
To the extent practicable, before relocation of an encampment or removal of an occupied vehicle takes place, staff should consider the following factors:
• Whether sufficient notice has been provided by using a form approved by CAO. • Whether any social services are available.
• Excessive heat or cold at the time of relocation (activation of weather respite). • Availability or lack of shelter.
• Transportation challenges to a shelter.
However, nothing in this protocol shall prevent the City from utilizing any remedies, procedures, and/or penalties available under any Federal, State or local laws.
Citywide Homeless Response Protocol
Response Strategies
This protocol is composed of three primary response strategies: General Response, Rapid Response, and Coordinated Response.
General Response
DCR will respond to 311 calls related to homeless encampments. The primary focus of DCR’s response will be to conduct outreach and coordinate encampment management. DCR staff will work with community members experiencing homelessness to identify specific needs and create connections to appropriate social services.
If violations of the SCC or CVC are observed, DCR staff will work with encampment residents to gain compliance. Where compliance is not immediately achieved, a new salesforce case will be created in the category associated with the violation observed, and the case will be referred for Rapid Response.
When no violation is observed and outreach is completed, the case will be closed.
Rapid Response
The Sacramento Fire Department (SFD”), SPD, Code, and the Rangers, are the lead agencies for rapid response strategy focused on responding to concerns related to homeless encampments reported to be in violation of the SCC and the CVC.
This response strategy will strive to connect community members experiencing homelessness to needed social services, but its primary focus will be ensuring public health and safety by gaining prompt compliance with the SCC and CVC.
SPD IMPACT, Code Enforcement, Rangers, and DCR will meet daily for morning briefings and review of priority encampments. DCR will be primarily responsible for assessing priorities and identifying locations based on 311 calls for service for the Rapid Response strategy to be deployed. SPD and Code can also identify and refer cases for Rapid Response based on field observation or requests received while in the field.
Once an encampment or call for service is assigned Rapid Response strategy, the call will be closed only when compliance is achieved. Once compliance is achieved, a new 311 ticket may be opened for general response and follow up by DCR staff.
Coordinated Response
If during general response or rapid response an encampment is identified as being too large or complex to be addressed in real time, the encampment it will be referred for a coordinated response.
Coordinated response will involve City-County Partnership Outreach teams (“Outreach Teams”). City Outreach Specialists, County Behavioral Services Staff, and Community Based Organizations partners (“CBOs”) will respond to an encampment, seeking to build rapport with encampment residents. In addition, the Outreach Teams will work to develop strategies to empower unhoused community members and connect them to social services to achieve safe and stable living circumstances.
When DCR staff determine that Outreach Teams have exhausted all opportunity for outreach-based progress, the encampment will be referred scheduled for encampment management and compliance with and the SCC and/or CVC.
Citywide Homeless Response Protocol
Response Workflow
Citywide Homeless Response Protocol
Prioritization
DCR will be the lead agency for assessment and prioritization.
A ranked list of large/complex encampments requiring a coordinated response will be maintained and updated on a weekly basis.
Participating response agencies will determine needed resources for each encampment and schedule response activities as soon as possible.
DCR will prioritize the encampment for outreach. DCR shall prioritize encampments suitable for response from collaborative Outreach Teams.
When assessing, prioritizing, and ranking encampments, DCR shall consider the following health and safety considerations:
• Calls for service to first responders related to an encampment. • Complaints to City staff and/or City Council members. • Size of the encampment.
• Unsafe geographical location of the encampment (e.g., danger to the unhoused). • Biohazards including, but not limited to, human waste and used syringes. • Fire hazards including, but not limited to, propane tanks, gasoline canisters and oil containers. • Unsecured animals, or secured and potentially dangerous animals. • Large accumulations of personal property other than life necessities. • Large accumulations of garbage, trash or debris.
• Vector hazards (e.g., rodents) related to an encampment.
The prioritization process shall also consider the following Essential Locations:
• Important community resources including schools, health centers, and senior centers. • Environmentally sensitive areas such as rivers, waterways, wetlands, wildlife concentrations, protected vegetation, or wildfire risk areas.
• Public rights-of-way, particularly those required for access by first responders. • Critical infrastructure and immediately adjacent areas not included or specified above. (Encampments fitting this description are subject to immediate relocation pursuant to Sac. City Code §§ 8.140.030-040.) • Locations that must be accessed for maintenance or locations that must be accessed to complete permitted construction and development projects., or other land or resource management practices intended to reduce health and safety hazard, such as wildfire risk.
Citywide Homeless Response Protocol
Priority levels range from Priority 1 (high priority), when encampments pose imminent threats to safety or critical infrastructure and where violations of city codes must be immediately resolved, to Priority 3 (low priority), where city staff work, in collaboration with local partners to monitor the encampment to ensure the safety of the inhabitants and the community at large.
Level 1 – High Priority
A Level 1 encampment is any of the following: (a) an encampment adjacent or blocking access to, an essential location, (b) an encampment where there is a public health and safety risk that necessitates urgent relocation of the unhoused, or (c) an encampment that city staff have determined is in violation of the SCC.
Priority Level 1 encampments where there are violations of the SCC or CVC can be removed or brought into compliance without conducting outreach and engagement activities and without necessarily posting a notice when the code or law allows. Generally, although not exclusively, a rapid response strategy would focus on addressing violations and gaining compliance. Where there is the likelihood that more than 6 tents or 10 persons will be displaced or where encampments present complex logistical issues, a coordinate response strategy will be employed instead whereby the Outreach Teams will work to connect individuals in encampment to behavioral health services and temporary shelter.
Once reasonable outreach efforts are exhausted, a plan to cleanup encampment and address violations will be scheduled and executed.
Examples of Priority Level 1 encampments include, but may not be limited to, the following:
• Encampments within 500 feet of a school or along a route that children must take to arrive at the school. • Encampments posing an imminent threat of fire, which would prompt an SFD response. • Encampments adjacent to critical infrastructure.
• Encampments in violation of the City of Sacramento Sidewalk Ordinance. • Encampments in violation of the City of Sacramento Park Curfew and Park Use Ordinance. • Encampments in violation of the CVC, other SCC sections, including City parking regulations. • Encampments posing a serious danger to public utilities and transportation infrastructure. • Encampments posing a serious threat to public health and safety. • Encampments blocking or impeding traffic or travel lanes, including bicycle paths , bus shelters, bus loading and unloading zones, where the encampment (or debris from the encampment) restricts vehicular or pedestrian access (in violation of Americans with Disabilities Act) and/or otherwise presents a risk of collision or pedestrian/vehicle conflict. • Encampments involving multiple documented community concerns or complaints. These concerns or complains must include, but may not be limited to, 911 calls, calls to Sacramento Police Department’s non-emergency line, 311 and/or direct constituent complaints to the City, including any member of the City Council.
Level 2 – Moderate Priority
A Level 2 encampment does not require immediate relocation of the unhoused but involves evidence of threats to public health and safety. Focus is on monitoring, mitigating, and relocation solutions with local partners when practicable.
Examples of Priority Level 2 encampments include, but may not be limited to, the following:
• Encampments with excessive trash and debris where previous mitigation attempts such as repeated trash cleanups have failed.
Citywide Homeless Response Protocol
• Encampments involving an accumulation of needles, drug paraphernalia, feces, or other biohazards. • Encampments posing a significant increase in the presence vectors such as rodents, or insect infestations. • Encampments involving an excessive accumulation of personal property, other than life necessities.
Level 3 – Low Priority
Level 3 Encampments are those that do not pose an obvious and immediate risk to public health and safety and are not in the proximity of, or blocking access to, essential locations.
Citywide Homeless Response Protocol
Weekly Metrics and Reporting
Weekly reports shall be provided to the Assistant City Manager for distribution to internal and external interested parties.
DCR
• Call activity with heat map.
• Service Type by District.
• Outreach Teams & Coordinated Camp Management activities. • Cleanup & Trash Removal on public property other than parks. • Ranked Listed of Priority Encampments.
Code Enforcement
• Compliance activity report (Vehicle Abatement Report).
Park Rangers
• Compliance activity report (Park Rules Regulation enforcements related to encampments). • Cleanup & Trash Removal in Parks
PD Impact
• Compliance activity report.
Citywide Homeless Response Protocol
Attachment 1: Examples of Encampments and Response Strategies
Encampment is blocking
pedestrian access in violation of
sidewalk ordinance and
Americans with Disabilities Act.
Rapid Response strategy would
be deployed to clear this
encampment as soon as possible
without necessarily conducting
outreach and engagement.
Encampment management
activities to remove trash while
allowing PEH to retain life
essentials would be conducted
as well. To the extent possible
outreach staff may
simultaneously offer services
while compliance with SCC and
CVC is being achieved.
Encampment violates vehicle
codes. Rapid Response
strategy would be deployed to
clear this encampment as soon
as possible without necessarily
conducting outreach and
engagement. To the extent
possible outreach staff may
simultaneously offer services
while compliance with SCC and
CVC is being achieved.
C
itywide Homeless Response Protocol
Encampment violates critical
infrastructure and presents a
serious safety concern. Due to
its large size, complexity, and
number of persons likely to be
displaced, a Coordinated
Response strategy would be
deployed to clear this
encampment as soon as
practicable through a
coordinated effort involving
multiple internal and external
partners. Intensive outreach
activities would be conducted
prior to encampment
management and gaining
compliance with SCC and CVC.
Encampment has a large
amount of personal property
on public space. It’s location at
a street corner presents a
traffic hazard. Rapid Response
strategy would be deployed to
clear this encampment as soon
as possible without necessarily
conducting outreach and
engagement. Encampment
management activities to
remove trash while allowing
PEH to retain life essentials
would be conducted as well.
To the extent possible
outreach staff may
simultaneously offer services
while compliance with SCC and
CVC is being achieved.
C
itywide Homeless Response Protocol
Encampments consist mainly of life
essentials, are small, contained,
relatively tidy and are not obstructing
the sidewalk or public access. A
General Response strategy would be
deployed whereby DCR staff will
conduct outreach and close call for
service without relocating
encampment so long as there are no
SCC or CVC violations or serious
public health and safety concerns.
Attachment 5
Q
: Can people experiencing homelessness keep accumulations of personal property in and around their encampments on public property?
A: No, unless the personal property consists of life necessities. Pursuant to Sacramento City Code section 12.52.040, subsection A, it is unlawful to store personal property upon any public property.
Courts have held, however, that people experiencing homelessness have constitutional protections in their life necessities. Although no court has precisely defined “life necessity,” the term is understood to mean property that unhoused individuals need to survive.
Likewise, no court has provided an exhaustive list of “life necessities” to which people experiencing homelessness are entitled to keep on public property, instead providing only representative (i.e., non-exhaustive) examples, such as bedding, clothing, identification documents, medications and medical devices, tents, toiletries, and sentimental effects.
Sacramento City Code section 12.52.040.A may be enforced against anyone who is storing personal property with objective value other than life necessities on public property. While the universe of such property is expansive, representative examples include appliances requiring but lacking electrical power, bulky furniture not actively used to support one’s need to rest, dissembled bicycles or bicycle parts, and propane tanks.
Personal property other than life necessities that lack objective value are subject to summary abatement. For instance, the City may summarily abate soiled textiles, spoiled food, and obvious junk and debris. Even personal property other than life necessities that have objective value may be summarily abated if they are potentially hazardous.