DATE: October 9, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Police Department
TITLE: INTRODUCTION OF AN ORDINANCE AMENDING OCEANSIDE CITY CODE SECTIONS 20.21.1 AND 20.21.2 RELATED TO PUBLIC ENCAMPMENT AND THE STORAGE OF PERSONAL PROPERTY IN PUBLIC PLACES
RECOMMENDATION
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Staff and the Police and Fire Commission recommend that the City Council introduce an ordinance amending Sections 20.21.1 and 20.21.2 of the Oceanside City Code related to the City’s regulation of public encampment and the storage of personal property in public places.
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BACKGROUND AND ANALYSIS
In 2018, the Ninth Circuit Court of Appeals ruled in Martin v. City of Boise that prosecuting homeless individuals for sleeping outdoors when no alternative shelter was available violated the Eighth Amendment’s prohibition against cruel and unusual punishment. This decision meant that cities could not criminally enforce anti-camping laws if adequate shelter options were lacking, emphasizing the rights of homeless individuals to shelter themselves in public spaces under certain conditions. Consequently, on April 21, 2021, the Oceanside City Code was amended to include language making the Oceanside City Code’s ban against public encampment enforceable. [see OCC 20.21(g)(1)(c)].
In 2024, the United States Supreme Court heard a similarly appealed case, City of Grants Pass v. Johnson. The Court’s majority decision, published on June 28, 2024, overturned the Ninth Circuit’s ruling and found that the anti-camping ordinances enacted by both the cities of Boise and Grants Pass did not violate the Eighth Amendment's Cruel and Unusual Punishments Clause.
Furthermore, on July 25, 2024, Governor Gavin Newsom signed Executive Order N-1-64 mandating California State agencies swiftly address the issue of homeless encampments. The Order encouraged local agencies to adopt policies consistent with the Order “with both urgency and humanity.”
Homelessness continues to be a serious social issue in the United States, particularly in California which accounts for over a third of the nation’s homeless population. The recent Supreme Court ruling clarifies cities’ ability to enforce current statutes, and staff agrees that amending the code to mirror the majority opinion of the United States Supreme Court is necessary and appropriate.
Currently, Oceanside City Code 20.21.1 (g) requires that an officer, before conducting encampment enforcement action, must: 1) Notify the person engaged in the activity that they are in violation, 2) Inform the person that resources are available through the Homeless Outreach Team, and 3) Offer the person available shelter space or a motel voucher and offer to provide transportation to such facilities.
In light of the U.S. Supreme Court decision in Grants Pass and Governor Newsom’s Executive Order, this subsection of the City Code is no longer required. Therefore, staff recommends removing the third requirement, noted above, in the interest of allowing the removal of an encampment in situations where the availability of currently available shelter is unknown to the responding officer(s). Although the mandate of offering shelter would be removed from the ordinance, staff recommends that the officer(s) should still offer the person resources, but not as a prerequisite for enforcement. Should the recommended amendments be adopted, Staff responsible for the enforcement of the ordinances will be directed and trained to offer services when applicable and to consider factors including, but not limited to, the availability of shelter spaces, the individual’s health and safety, weather conditions, and the impact on the surrounding community. Officers are provided with resource pamphlets produced by the Oceanside Police Department HOT Team. These pamphlets contain addresses and contact information of resources available and will be provided to individuals on scene. These resources include addiction/detox recovery, housing, employment, mental health, shelters, and other miscellaneous services. Amending the section removes unnecessary requirements for officers who deem enforcement as the appropriate action for violators of this section. The proposed amendment would be an important tool to increase safety and address quality of life issues throughout the City.
The Governor’s Order encouraged agencies to act with urgency, to do more, and to take proactive steps to address encampments. Section Sec. 20.21.2. of the Oceanside City Code addresses the storage of personal property in public places. In general, the storage of personal property in public locations is currently prohibited. Personal property stored in a public place is subject to removal but it must first be tagged with a notice containing the following language: “It is illegal to store personal property in a public place, including, but not limited to, public open space, parks and parking lots. If this personal property is not removed within 48 hours of the date of this posting, be advised: THE PERSONAL PROPERTY SHALL BE DEEMED INTENTIONALLY ABANDONED AND SUBJECT TO REMOVAL AND POSSIBLE DESTRUCTION." Staff recommends that this Code language be amended by reducing the time for notification of property removal at encampment sites from 48 hours to 24 hours. This change will provide the ability to more efficiently and quickly respond to public complaints and proactively clean up encampments. It should be noted that any personal effects collected during such cleanups (e.g., personal medications, clean clothing, non-perishable food items) are not to be disposed of but instead taken to an off-site storage area, the location of which is identified in a notice that is left at the location where such personal effects are removed.
Staff asserts that addressing homelessness and supporting individuals experiencing homelessness requires a balanced approach that is compassionate and focuses on clear pathways to permanent housing. The City of Oceanside has invested in and implemented various programs and services to address homelessness. These include, but are not limited to, the following:
• Homeless Outreach Team: Two teams consisting of a police officer partnered with a social worker to provide strategic outreach services, direct engagement, and case management for unsheltered individuals in the greater Oceanside area.
• Oceanside Navigation Center: The year-round, 50-bed shelter focused on connecting individuals experiencing homelessness with permanent housing solutions.
• Bridge Housing Program: A program offering 60-90-day transitional housing for individuals requiring a secure residency while they develop their housing plan, with priority given to holders of housing choice vouchers and veterans.
• Encampment Resolution Funding (ERF) Program: This program, in partnership with the City of Carlsbad and supported by an $11.4 Million State grant, addresses homelessness encampments along the SR-78 corridor. It offers comprehensive services such as intensive outreach and case management, street medicine, and substance abuse treatment. It specifically focuses on helping encampment residents who may be reluctant to receive these services.
o Street Medicine Program: Providing medical care, mental health support, and substance abuse counseling directly to individuals in encampments as part of the broader strategy to resolve encampments.
o Motel Voucher Program: Offer non-congregate interim housing options, especially for individuals leaving encampments, by providing temporary stays with onsite case management.
o Rapid Re-Housing Programs: This program provides ongoing rental assistance and supportive services to help individuals transition quickly from shelters or the streets to permanent housing.
o Transportation Support: Vehicles for outreach and transportation to interim shelter, medical appointments, etc.
o Item Storage: Storage rental for participants' belongings.
o Pet Boarding: Boarding services to allow participants to enter interim housing without abandoning pets.
• Safe Parking Pilot Program (Coming Soon): This program is designed to support individuals living in their vehicles by providing a secure place to park overnight, along with case management and other supportive services. Staff is currently assessing potential locations to site such use.
• Family Reunification Programs: Supporting individuals in re-establishing connections with family members, providing travel assistance, and offering other resources to help stabilize their living situations.
• Permanent Supportive Housing Developments: The City has invested in multiple developments that provide long-term housing solutions and on-site supportive services for individuals with significant barriers to housing stability.
o Greenbrier Village Integrated Supportive Housing: A 59-unit facility was recently opened to provide permanent supportive housing with onsite services for formerly homeless individuals, including veterans and young adults aging out of foster care.
These programs showcase Oceanside's commitment to a comprehensive and compassionate approach to homelessness, ensuring individuals receive support for a smooth transition to stable housing.
FISCAL IMPACT
Does not apply.
COMMISSION OR COMMITTEE REPORT
The Police and Fire Commission recommended approval of this item at its regular meeting held on September 19, 2024. The Commission voted 5-3 in favor of recommending approval (one Commissioner was absent). The Commissioners who voted against recommendation voiced a concern over changing the word “shall” to “should” in section 20.21.2(d)(2) relating to. Staff had initially presented changing the word to “should” with respect to officer’s obligation to offer a list of resources to individuals referenced in this section. After the hearing their concerns, staff agreed to leave the word “shall” in the aforementioned section, thus leaving in effect the requirement for officers to provide a list of resources to those individuals.
CITY ATTORNEY’S ANALYSIS
The referenced documents have been reviewed by the City Attorney and approved as to form.
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Prepared by: Scott Garrett, Police Captain
Reviewed by: Kedrick Sadler, Chief of Police
Submitted by: Jonathan Borrego, City Manager
ATTACHMENTS:
1. Staff Report
2. Ordinance