CAMPING
REVISITED:
CITY RESPONSE TO SUPREME COURT
DECISION & STATE ORDER
Tuesday, August 27, 2024
9:00 am to 12:00 pm
Civic Auditorium
ATTACHMENT A
TODAY’S AGENDA
Mayor’s Welcome – Mayor Kevin J. Lincoln II9:00
Public Comment9:05
Introduction - Harry Black, City Manager9:20
Discussion: City Ordinance - Taryn Jones, Asst. City Attorney 9:40 Implementation - Harry Black, City Manager10:00
Enforcement - Chief McFadden, Police Department10:15
Clean-up - Chad Reed, Public Works10:40
Diversion - Carrie Wright, Economic Development 11:00
Next Steps – Harry Black, City Manager11:20
Questions & Discussion 11:30
Adjournment 12:00
ATTACHMENT A
Welcome &
Public Comment
Mayor Kevin J. Lincoln II
ATTACHMENT A
INTRODUCTION
Harry Black, City Manager
ATTACHMENT A
GRANTS PASS RULING
September 4, 2018 – Martin v. Boise
• The Supreme Court held that cities cannot enforce anti-c amping ordinances if they do not have enough homeless shelter beds available for their homeless population. This ruling prohibits the criminal enforcement of camping regulations where the unhoused population exceeded the amount of practically available shelter beds.
June 28, 2024 – Grants Pass v. Johnson
• The Supreme Court reversed the ruling for Grants Pass vs. Johnson an d overturned Martin v. Boise, allowing cities to enforce camping regulations even when the homeless population exceeds the number of practically available shelter beds.
July 25, 2024 – State Order
• Governor Newsom issued Executive Order N-1 -24, directing state officials to start removing homeless encampments across the State, in general compliance with Caltrans policy 1001-R1, and encouraged “local governments to adopt policies consistent with Caltrans, and used all available resources […] to take action with the urgency this crisis demands to remove encampments from public spaces…” 5 ATTACHMENT A
QUESTION:
WHAT SERVICES OR
POLICIES DO YOU THINK
WOULD BE EFFECTIVE
IN ADDRESSING
HOMELESSNESS IN SAN
JOAQUIN COUNTY?
6 Answered: 1,932
Skipped: 10
San Joaquin County Unsheltered Services and Policies Survey, as of 8/5/2024
ATTACHMENT A
QUESTION:
HOW IMPORTANT IS IT
TO PROVIDE WRAP
AROUND SERVICES
(E.G., MENTAL HEAL TH,
DRUG TREATMENT,
EMPLOYMENT
ASSISTANCE) FOR
UNSHEL TERED
INDIVIDUALS?
7 Answered: 1,931
Skipped: 11
San Joaquin County Unsheltered Services and Policies Survey, as of 8/5/2024
ATTACHMENT A
QUESTION:
DO YOU BELIEVE THAT
DRUG TESTING &
TREATMENT SHOULD
BE REQUIRED FOR
SHEL TER, OR FOR
UNSHEL TERED
INDIVIDUALS THAT
RECEIVE GOVERNMENT
ASSISTANCE?
8 Answered: 1,933
Skipped: 9
San Joaquin County Unsheltered Services and Policies Survey, as of 8/5/2024
ATTACHMENT A
QUESTION:
HOW DO YOU FEEL
ABOUT THE CURRENT
ENFORCEMENT OF
ENCAMPMENTS IN SAN
JOAQUIN COUNTY?
9 Answered: 1,928
Skipped: 14
San Joaquin County Unsheltered Services and Policies Survey, as of 8/5/2024
ATTACHMENT A
QUESTION:
THE SUPREME COURT
RECENTL Y ISSUED A
RULING THAT ALLOWS
LOCAL JURISDICTIONS
MORE ABILITY TO
ENFORCE NO-CAMPING
RULES. HOW DO YOU
FEEL ABOUT THAT
DECISION?
10 Answered: 1,936
Skipped: 6
San Joaquin County Unsheltered Services and Policies Survey, as of 8/5/2024
ATTACHMENT A
QUESTION:
DO YOU SUPPORT THE
CREATION OF
DESIGNATED SAFE
CAMPING & PARKING
LOCATIONS,
RESTRICTING PUBLIC
CAMPING IN NON-
DESIGNATED AREAS IN
SAN JOAQUIN COUNTY?
11 Answered: 1,933
Skipped: 9
San Joaquin County Unsheltered Services and Policies Survey, as of 8/5/2024
ATTACHMENT A
QUESTION:
WHAT LEVEL OF
ENFORCEMENT DO YOU
THINK IS APPROPRIATE
FOR UNSHEL TERED
ENCAMPMENTS
OUTSIDE OF
DESIGNATED SAFE
CAMPING LOCATIONS?
12 Answered: 1,914
Skipped: 28
San Joaquin County Unsheltered Services and Policies Survey, as of 8/5/2024
ATTACHMENT A
QUESTION:
WHICH APPROACH DO
YOU BELIEVE IS MOST
EFFECTIVE IN SOL VING
THE HOMELESSNESS
PROBLEM IN SAN
JOAQUIN COUNTY?
13 Answered: 1,928
Skipped: 14
San Joaquin County Unsheltered Services and Policies Survey, as of 8/5/2024
ATTACHMENT A
• Intergovernmental Cooperation &
C
oordination
• Fiscal impacts on the City
• Repurposing existing resources & personnel
• New resources needed
• Caltrans Labor Issues
• Supply Chain & Labor Market Constraints
• Leveraging Appropriate Non-P rofit Partners
• Accelerating Affordable & Workforce Housing
De
velopment
• Accelerating In/Outpatient Clinical Support
• Identification & Acquisition of Programmable
R
eal Estate
14 CHALLENGES
ATTACHMENT A
15 DISCUSSION:
CITY ORDINANCE
Taryn Jones, Assistant City Attorney
ATTACHMENT A
16 Grants Pass
• “No person may occupy a campsite in or upon any
sidewalk, street, alley, lane, public right of way,
park, bench, or any other publicly-owned
property or under any bridge or viaduct . . . .”
• 24 hour noticing requirement for removal of
property at campsite
• Civil citations for violations
• “An individual may be issued a written exclusion
order by a police officer of the Police Department
barring said individual from a City park for a period
of 30 days . . .”
City of Stockton
• Comprehensive list of critical infrastructure within
t
he City where camping is prohibited.
• 24 hour noticing requirement for removal of
property, unless there is an imminent threat to
public health and safety
• Criminal and civil penalties
• Stay aways not incorporated into municipal code
but can potentially be obtained during criminal
prosecution
ORDINANCE COMPARISON
ATTACHMENT A
17 Removal of Footnotes in Attachment
• Footnote 1, City Right-of-Wa y
• With this exclusion, camping
within 30 feet of this specific
critical infrastructure is
permitted
• Footnote 2, Parks
• Requires verification of
available beds.
• No longer required under
Grants Pass
POTENTIAL MODIFICATIONS
ATTACHMENT A
18 Addition of “any other publicly-owned property”
• Addition to or Replacement of Critical Infrastructure List • C
onsiderations
• Findings and Purpose section of Critical Infrastructure Ordinance • Focus on health and safety for specific at-risk properties • New findings to address broad application to all public property • Dissent in Grants Pass
• Holding specific to the Eighth Amendment
• Does not prevent other challenges
POTENTIAL MODIFICATIONS (CONT.)
ATTACHMENT A
19 Exclusions from Parks and other Critical Infrastructure “An individual may be issued a written exclusion
order by a police officer of the Police Department
barring said individual from a City park for a period of 30 days, if within a one-year period the individual:
A. Is issued two or more citations in the same City
park for violating regulations related to City park
properties, or
B. Is issued one or more citations for violating any
state law(s) while on City park property.
The foregoing exclusion order shall only apply to the
particular City park in which the offending conduct
under 6.46.350(A) or 6.46.350(B) occurred.”
• Grants Pass exclusion from City Parks where
m
ultiple violations occur at the same location.
• City of Stockton has no exclusion language in its
o
rdinance at this time.
• Stay away orders can s till be sought during criminal prosecution for code violations.
POTENTIAL MODIFICATIONS (CONT.)
ATTACHMENT A
20 IMPLEMENTATION
Harry Black, City Manager
ATTACHMENT A
HOW WILL THE CITY
OPERATIONALIZE:
Diversion
21 Clean-Ups
Enforcement
ATTACHMENT A
22 ENCAMPMENT
CLEAN-UP
Chad Reed, Director of Public Works
ATTACHMENT A
23 EXISTING CLEAN-UP
EFFORTS
• City currently schedules 27 Large-s cale clean-up events per year
• Weekly coordination meetings with Caltrans, SJ Behavioral Health, Stockton Police Department, and Public Works.
• Public Works Annual Fiscal Considerations:
2023 DATA
Cost Tonnage Annual number
of clean-ups
City Performed Large-
scale Clean-ups $ 163,000 1329 27
Contracted Services-
Excluding Parks $ 570,000 1484 871
Contracted Services-
Specific to Parks $ 214,300 144
Totals $ 947,300 2813 1042
ATTACHMENT A
ENHANCED CLEAN UP
EFFORTS
24 • Preparing for increased activity, SPD
and PW have started holding weekly
"Encampment Clean-up Coordination
Meetings" focused on regularly
dispatching smaller scale cleanup
efforts in identified areas.
• Additional efforts will not affect the
annually planned 27 Large-scale clean-
ups.
• Parks focused clean-ups.
• Opportunity to close efficiency gaps.
ATTACHMENT A
25 EFFICIENCY GAPS:
• Stockton Recycling closed in April 2024.
• Crews currently driving to Lodi Transfer Station orLovelace Transfer Station. 2023 Dumping Data (per clean up)
Number of
Trips
Est. Time to
Dump
Roundtrip
Time
Average
Miles to
Dump
Average
Tonnage
Collected
Location
City Performed Large-scale 25 5 20 5 1330 Weber/Filbert Transfer Station Totals 25 2 hrs 5 min 8.5 hrs 125 miles 49
Contracted Services- Excluding Parks 9 5 20 5 2457 (WO) Weber/Filbert Transfer Station Totals 9 45 min 3 hr 45 miles 3
2024 Dumping Data (Current)
Number of
Trips
Est. Time to
Dump
Roundtrip
Time
Average
Miles to
Dump
Average
Tonnage
Collected
Location
City Performed Large-scale 15 10 60 36 700 North County Recycling Center & Sanitary Landfill (Lodi, CA)
Totals 15 2.5 hrs * 15 hrs 540 miles * 37
Contracted Services- Excluding Parks 6 60 1.5 20 470 (WO) Lovelace Materials Recovery Facility and Transfer Station (Manteca, CA)
Totals 6 6 hrs 9 hrs 120 miles 1.6
* These numbers we updated by Public Works during the Study Session on 8/27/2024.
ATTACHMENT A
ENHANCED CLEAN UP
EFFORTS
26 Fiscal Considerations needed to sustain
enhanced clean up efforts:
Fiscal Considerations
Initial Cost
Ongoing
Annual Fiscal
Needs
Installation of a "Transfer
Station" at Corp Yard $ 550,000
Waste Hauler Serving Transfer
Station $ 275,000 $ 275,000
Additional Position to Support
Ongoing Enhanced Clean-up
Services
$ 140,000 $ 140,000
Additional Funding Needed to
Support Contracted Services For
Enhanced Clean-up
$ 300,000 $ 300,000
Totals $ 1,265,000 $ 715,000
ATTACHMENT A
27 DIVERSION
Carrie Wright
Director of Economic Development
ATTACHMENT A
SHEL TER/BED CAPACITY
• Shelter Capacity in the County has increased by
52% f
rom 2019-2024.
• There are 1,869 h omeless shelter and supportive
beds in the County.
• 25% (356) of shelter beds are typically available
(except for families) and 44% (158) of transitional
beds.
• 6,691 ho useholds stayed in Shelters in 2023 and
664 (9.4%) found Permanent Housing.
• Stockton Shelter beds will double by the end of
ye
ar 2024.
28 ATTACHMENT A
29 SERVICE PROVIDERS
• Shelter
• St. Mary’s, Gospel, etc.
• 211
• CVLIHC
• Housing Authority - HASJC
• San Joaquin County
• HSA, BHS, Probation
• PREVAIL
• Children’s Home
• Community Medical Center
DIVERSION
SERVICES
Shelters
Probation
Transitional
Housing
Services
Medical &
Mental
Health
Services
Food
Distribution
Veteran
Services
Youth
Services
ATTACHMENT A
30 PIPELINE PROJECT UPDATES
• Navigation Center
• $4.9 million invested
• Completion – Fall 2024
• 90+ Beds
• Pathways
• $3.6 million invested
• Completion – Winter 2024
• Beds – 220 units, 288 beds
• Shelter at St. Mary’s
• $5.63 million invested
• Currently Operating
• 209 beds
• Homekey Project – Calaveras Quarters
• $7.05 million invested
• Completion – Winter 2024
• 68 units
ATTACHMENT A
31 PIPELINE PROJECTS, CONT.
• Villa d’ Flore
• $6 million invested
• Completion – Summer 2024
• 12 units
• Satellite
• $4.3 million invested
• Completion – Next Year
• 31 Units
• Park Center
• $2.25 million invested
• Completion – Summer 2025
• 50 units
ATTACHMENT A
PIPELINE QUEUE
• Positioning for Prop 1
• State to issue a “H omekey-like” competitive
NOFA
• To be successful, City will need to provide
m
atch funding
• Property Acquisition
• Revisit Safe Camping & Parking Strategies
32 ATTACHMENT A
33 ENFORCEMENT
Chief McFadden, Police Department
ATTACHMENT A
EXISTING ENFORCEMENT
34 • Staff:
• Current team includes 1 Sergeant and 4 Field Officers • Historic Encampment Locations:
• Regularly monitored large encampments on a
scheduled rotation
• Service requests for additional, smaller, locations are complaint driven
• Critical Infrastructure:
• Parks: Enforcement requires verification of available beds at shelters
• Other City Facilities: Based on public health & safety • Pets & Property:
• Minimal collection/storage of property.
• Pets are allowed to stay with their owners , however, the Animal Shelter will take them, if surrendered.
• Citation and Arrests:
• Only in conjunction with other violations
• Fiscal Considerations:
• Approx. $1.5M per year in staff time to support
encampment clean up and enforcement efforts.
ATTACHMENT A
ENHANCED ENFORCEMENT
35 • Increased Coordination:
• Launch “Take Back our Parks” Campaign
• Weekly meetings with Public Works to increase
number of clean-ups
• Proactively increase service/response to
additional locations identified through
AskStockton, phone calls, etc.
• Prioritized by impact to the community and
critical infrastructure, and coordination of
resources needed
• Citation and Arrests:
• Voluntary compliance is the goal, SPD does
anticipate an increase in arrests related to
camping
• Education and coordination of wrap-around
services
• Coordinating with SJ Probation to identify
opportunities to expand services and provide
mutual support
ATTACHMENT A
ENHANCED ENFORCEMENT, CONT.
36 • Pets & Property:
• SPD will need to purchase and maintain
storage containers to create storage lockers for
property
• Pets of individuals who are arrested will be
taken to the Animal Shelter
• Fiscal Considerations:
• Additional clean-up requires additional
staffing, doubling the team by re-assigning
existing staff:
• 1 Sergeant and 4 Field Officers - $1.37M
• Estimated Additional Overtime - $130,000
• Two additional patrol trucks - $230,000
• Storage of property - $50,000
• Increase expense to Animal Shelter – $50,000
ATTACHMENT A
37 NEXT STEPS
Harry Black, City Manager
ATTACHMENT A
Collaboration & Coordination
Take Back our Parks Begins
Followed by other Critical Infrastructure
Complete Navigation Center
Open Pathways Project
Council to declare Housing & Homelessness
Emergency
Real Estate Acquisition
Based on Council direction, City Manager’s Office
will prepare a communications plan to engage and
inform the community
Tasks
38 • Intergovernmental meetings with City Council,
County & Staff
• Collaborate with Community Based Service
Providers & Contractors
• Staff Coordination with SJ Cares
• Participating in the California Interagency
Council on Homelessness (Cal ICH) series of
webinars to better understand State direction
ATTACHMENT A
FISCAL CONSIDERATIONS
39 1. Reprogramming Existing Staff reassigns 5 existing SPD positions to support Encampment
Enforcement efforts.
2. Public Works Existing Clean-Up includes services
annually budgeted to support 27 City coordinated
large scale clean-ups, additional contract services,
including parks.
3. Public Works Enhanced Efforts: One-Time includes
start-up expenses, establishing an on-site City
transfer station, support for our Hauler’s stations,
additional contract support & staff.
4. Public Works Enhanced: Ongoing includes the
expense associated with annual maintenance of all
Public Works Encampment Clean-Up efforts,
meaning new FY budget would be $1.7M, ongoing.
5. 1 Economic Development Program Manager FTE
6. Round 5 of Homeless, Housing & Assistance
Program, application and plan under review with
State Dept of Housing & Community Development.
Task
Current
Budget
Amended
Budget
External
Funds
ENFORCEMENT
Reprogramming Existing Staff (1) $1,370,000
Anticipated Overtime $130,000
Equipment $230,000
Storage of Property $50,000
Animal Shelter Resources $50,000
CLEAN UP
Existing Clean-Up Efforts (2) $947,300
Enhanced Clean-Up Efforts: One-Time (3) $1,265,000
Enhanced Clean-Up Efforts: Ongoing (4) $715,000
DIVERSION
Staff Expense (5) $156,493
HHAP 5 - NOFA (6) $7,000,000
TOTAL $2,317,300 $2,596,493 $7,000,000
ATTACHMENT A
QUESTIONS?
ATTACHMENT A