HomeMy WebLinkAbout2019-05-14; City Council; ; Status Report on the Homeless Response Plan and Homeless Outreach Team efforts~ CITY COUNCIL
~ Staff Report
Meeting Date:
To:
From:
Staff Contact:
May 14, 2019
Mayor and City Council
Scott Chadwick, City Manager
Marie Jones-Kirk, Community Services Manager
marie.jones-kirk@carlsbadca.gov or 760-434-2807
CA Reviewf1'/t._,,,
Subject: Status Report on the Homeless Response Plan and Homeless Outreach
Team efforts
Recommended Action
Receive an informational staff report on the status of the Homeless Response Plan and
Homeless Outreach Team efforts.
Executive Summary
On October 17, 2017, City Council approved and adopted the Carlsbad Homeless Response Plan
(the "Plan") which established key principles and system responses that the city will employ to
address the community impacts of homelessness. On May 22, 2018, the City Council approved
the fiscal year 2018-19 administrative budget for Plan implementation, which included
$244,944 in funding for a contract with Interfaith Community Services to provide social worker
services for the benefit of homeless residents in Carlsbad.
On March 26, 2019, the City Council approved the following minute motion (5-0) "directing
staff to prepare an update of the Carlsbad Homeless Response Plan's (the "Plan") current
implementation, as well as an update on the Hoi:neless Response Team ("HRT") efforts within
two months." (The HRT is comprised of staff from several city departments, including Housing &
Neighborhood Services ("HNS"), Police, Fire, Library, Parks & Recreation, Public Works and the
City Attorney's Office) This staff report and attached Plan update (Exhibit 1) is in response to
-the City Council's direction. The Plan update also highlights additional issues and concerns
associated with homelessness in Carlsbad.
The following provides some general highlights from the attached comprehensive report on
efforts made to date to implement the Plan, and the successes to date:
• Since adoption of the Plan in October 2017, the Homeless Outreach Team ("HOT"),
comprised of one sergeant, two dedicated fulltime police officers, other city staff, the
Community Services Manager (HNS) and the city's 2.5 contracted social workers, has
worked with approximately 180 homeless residents, which includes 84 homeless
residents the social workers have assisted since August 2018.
• In June 2018, the city contracted with Interfaith Community Services to provide 2.5
licensed social workers to assess individual needs and assist willing homeless residents
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to prepare action plans to change his/her life story; this addition expanded the city's
capacity to serve the homeless residents of Carlsbad and provided the expertise and
access to various programs that the city required to successfully implement its homeless
response plan.
• Of the 84 homeless residents working with the city's contracted social workers, eight
individuals moved into permanent supportive housing, eleven individuals went into
emergency shelters in San Diego County, four individuals moved into sober living homes
or family or friend's homes, four individuals were admitted to inpatient substance abuse
treatment programs, 14 individuals were connected with mental health services and 19
individuals were connected with a primary care doctor for medical services.
• The social worker team has assisted eight individuals in earning or increasing their
income through Social Security Insurance ("SSI"}, General Relief, CalWorks or reduction
in child support payments. This team also completed three Assertive Community
Treatment ("ACT") referrals for individuals experiencing serious mental illness and
homelessness, and all three were accepted to these programs. These individuals will
receive lifelong case management support, 24/7 care, mental health treatment and
housing resources.
• In 2018, the Police Department handled approximately 4,480 calls for service which
were related to homeless/transients incidents or concerns; these incidents or concerns
frequently involved repeated contacts with the same homeless persons within similar
locations. To date in 2019, the Police Department has handled 1,864 calls for service
related to homeless/transients.
• During fiscal year 2017-18, the Police Department spent approximately $1.1 million on
their response to homelessness.
• An encampment tracking system was developed to prioritize weekly clean-ups and cost
impacts and an encampment enforcement plan was created; in the last six months of
2018, 95 homeless camps were removed resulting in the clean-up of 300 cubic yards of
refuse on primarily public lands or open space.
• In April 2019, in response to community feedback, the Police Department began posting
an encampment clean-up map on its webpage to assist in informing the general public
of their efforts.
• Substantial work has been completed by the City Attorney's Office to explore the
various legal issues that surround the response to homelessness in Carlsbad and
throughout the region; there are numerous legal constraints that limit legislative and
law enforcement powers with regard to homeless individuals.
• Ordinances are being prepared that align with the Plan and will soon be submitted to
the City Council for consideration. The goals for these ordinances is primarily to address
the increasing health, safety and environmental concerns that have accompanied an
increase in local transient encampments and the troubling conduct of chronic criminal
offenders.
• Miscellaneous other legal issues are under review, including possible revised policies for
public places such as the city's libraries and the Senior Center.
• The City Attorney's Office has also joined a local discussion with the San Diego District
Attorney's Office to address chronic offenders, many of whom are also homeless.
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• Ongoing research has been conducted to study the work of other cities and counties to
address the challenges of responding to the needs and impacts of homelessness and
discover some best practices.
• Collaboration has been initiated with community partners and service providers to
better coordinate services to the homeless residents; a survey has been completed to
learn more about the resources and services currently being provided to Carlsbad
homeless residents; city staff is beginning to analyze the gaps in services/resources.
There is more work to do in this area.
• A resource guide has been developed for city departments to help with referrals and
information to the homeless residents.
• A rehousing pilot project was initiated in Carlsbad to assist in placing homeless residents
in existing affordable housing developments and provide support from the contracted
social workers for up to nine months to allow for successful rehousing efforts; this has
resulted in the rehousing of five homeless individuals to date. Other individuals (three to
date} have been rehoused through alternative housing such as independent living
facilities.
• The city launched a "Home Share" program in 2019 to offer alternative housing
solutions to Carlsbad residents. This program matches home providers with housing
seekers through carefully monitored agreements.
• Other housing programs are being researched and studied to determine if they are
feasible for homeless residents in Carlsbad; these programs include tiny homes and the
matching of accessory dwelling unit owners with homeless families, veterans and
seniors.
• City staff, volunteers, elected officials, social workers and others assisted with a count of
the homeless residents of Carlsbad in January 2019. The raw data indicates a homeless
population count of 131 for Carlsbad; the raw data in 2018 indicated a homeless
population of 129. There is no significant change in the population count for homeless
residents in Carlsbad. However, the city has much better documentation in 2019 on its
homeless residents and has begun to work with many of them.
While there has been success in implementing strategies within the Plan, there is more work to
be done. Additional resources needed for implementation of the Plan will be addressed in the
fiscal year 2019-20 budget. Staff will also return to the City Council as needed for consideration
of additional programs, services or legislative actions determined to be necessary to more
successfully address the needs and impacts of homeless residents in Carlsbad.
Discussion
Attached is a comprehensive Plan update and HOT update (Exhibit 1} for City Council review
and consideration. The Plan update identifies the role of the City of Carlsbad in addressing
homelessness and defines its function as distinct from other tiers of government and
community partnerships. The Plan provides for ongoing and new strategies to prevent, reduce
and manage homelessness in Carlsbad; to support and build capacity within the city as an
agency and as a community; to encourage collaboration within the city, with community
partnerships and with residents; and to retain, protect and increase the supply of affordable
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housing. It establishes-key principles and system responses that the city has employed and will
continue to employ to address the community impacts of homelessness.
Exhibit 1 also provides information on the costs associated with homelessness, data and
outcomes related to implementation of the Plan, activities of HOT, other jurisdictions' response ·
to homelessness, various legal considerations and challenges/concerns to successful
implementation of the Plan.
As indicated in 2017, the causes of homelessness continue to be as varied as the individuals
experiencing homelessness and continues to require an individualized approach to assistance
and ultimately rehousing. The city's approach to this complex issue has required staff and
community partners to work collaboratively to address the needs of the homeless residents of
Carlsbad and expand the city's capacity to serve them. This multifaceted and layered approach
has allowed the city to assist the homeless, while also being equally mindful of community
members' health, safety and welfare concerns.
In addition to the data provided in Exhibit 1, staff would like to take this opportunity to
,, highlight homeless count data for the City of Carlsbad. On January 25, 2019, the city's
Community Services Manager (HNS) convened a team from several city departments, including
Police, Fire, Library & Cultural Arts, HNS, Community & Economic Development,. Public Works,
elected officials and community volunteers to conduct a homeless count to gather additional
data and related information on the homeless residents of Carlsbad. The team counted the
number of homeless individuals, including those in vehicles and hand-built structures, and
conducted informational surveys during this time. The team counted a total of 131 unsheltered
homeless residents in Carlsbad and conducted a total of 42 surveys of those individuals. By way
of reference, in 2018, the raw number of unsheltered homeless in Carlsbad was 129 individuals.
As follow-up action related to the January 2019 count of our homeless residents, staff tabulated
the information and plotted the location of the homeless populations to allow for future efforts
of outreach work and to identify trends in homeless numbers and locations. The raw data
obtained by city staff through this count was also shared with the Regional Task Force on the
Homeless San Diego, which recently reported on the survey data for the entire County of San
Diego. For comparison purposes, below are the point-in-time counts of Carlsbad homeless
residents as report by the Regional Task Force on the Homeless (both sheltered and
unsheltered) for years 2016 through 2019:
Carlsbad: We All Count Totals
Sheltered Unsheltered
2016 67 41
2017 59 101
2018 58 152
2019 59 . 102
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Based on the January 2019 count and the resulting raw data, Carlsbad has not experienced a
significant decrease in the unsheltered homeless population from 2018 to 2019. However, as
staff has shared in previous reports, the count is only one data point of several data points used
by the city to evaluate the effectiveness of its Plan and homeless outreach efforts. Some of
those other data points relate to the tracking of encampments and encampment cleanup
efforts, homeless individuals contacted and those the HOT is actively working with as well as
outcomes on engagement activities.
The Police Department has reported that they made contact with 361 self-reported homeless
or transient individuals in 2018 and 71 to date in 2019. Without a full assessment of these
individuals, it is difficult to determine if they all would be classified as "homeless" for the
purposes of eligibility for various service programs, but it is a data point that indicates the
number of homeless in Carlsbad is difficult to determine from day to day; it is a regularly
changing population because individuals move into and out of homelessness for various
reasons. Staff has discovered that some programs established to assist the homeless are often
also used by low income households who are having financial difficulties. For example, some of
those who are fed in the parks by churches or other service organizations are not all homeless,
but are in need due to financial constraints. They are not turned away from these programs by
the service providers because they do not meet the technical definition of "homeless".
To summarize, the HRT has had many successes working with the homeless in Carlsbad, has
taken steps to minimize the impact of homelessness to the community and has implemented
programs to house homeless individuals. That said, the HRT continues to work on action items
related to the Plan. The city's Plan will continue to be a dynamic document; implementing
strategies will continually be assessed as to their effectiveness and application as staff
continues to learn more about its homeless residents and identify the gaps in services.
While the City Council's full support of continued implementation of the city's Plan is key to
ongoing success, staff has identified one area of critical services where the City Council's
proactive advocacy could be very beneficial. As background, in October 2018, the Crisis
Stabilization and Behavioral Health unit at Tri-City Medical Center in nearby Oceanside was
closed, leaving a significant gap in emergency mental health services. There are now only two
options for care when someone is considered a danger to himself/herself: Palomar Health in
Escondido and the County of San Diego's psychiatric hospital in San Diego. Mental health
services are a critical need for assisting the homeless, especially in assisting them to be
successfully rehoused. Funding, services and facilities are in great need to meet the mental
health needs of the majority of the homeless as well as assist with homelessness prevention.
This is an area where legislative and additional financial resources as well as governmental
partnerships with the County of San Diego may be most helpful; the City Council could provide
the most impactful advocacy and legislative assistance with this issue of concern and need
within our homeless response.
Fiscal Analysis
There are no fiscal impacts associated with the presentation of this staff report and the
attached Plan update (Exhibit 1}. That said, the Plan update addresses some of the fiscal
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impacts of homelessness in the City of Carlsbad. Additional resources needed to continue
successful implementation of the Plan will be addressed in the presentation of the fiscal year
2019-20 budget.
Next Steps
City staff will continue to implement the Plan as set forth and approved by City Council. Staff
will continue to work towards full engagement of our homeless residents in Carlsbad,
ultimately connecting them with needed resources and working towards successful rehousing
efforts. Staff is evaluating resources allocated to implementing the HRP and will request
resources through the city's annual budgeting process as needed. Staff will also continue to
coordinate with our stakeholders and collaborate on how they can best help with
implementation of the city's Plan. Quarterly updates on the status of implementation efforts
for the Plan will be provided to the City Council via memorandum in fiscal year 2019-20.
Environmental Evaluation (CEQA)
Pursuant to Public Resources Code section 21065, this action does not constitute a "project"
within the meaning of CEQA in that it has no potential to cause either a direct physical change
in the environment, or a reasonably foreseeable indirect physical change in the environment,
and therefore, does not require environmental review.
Public Notification and Outreach
This item was noticed in accordance with the Ralph M. Brown Act and was available for public
viewing and review at least 72 hours prior to the scheduled meeting date.
Exhibits
1. Homeless Response Plan Update, status updated April 2019.
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City of Carlsbad Homeless Response Plan Update
April 2019
Background
Exhibit 1
In the past few years, the City of Carlsbad has experienced an increase in issues related to
homelessness, as well as increased calls for emergency and police services and citizen complaints
related to homelessness. Residents and other community members, including business owners,
have requested a response from the city to address the increasing impacts associated with this
challenging issue, both to the homeless individuals themselves and to the surrounding community.
The reasons for homelessness are many and often complicated; it is indeed one of the most
challenging social issues of our time to be resolved. To better understand the specific needs and
the impacts of the homeless on the Carlsbad community, Housing & Neighborhood Services
("HNS") convened a working group of staff from several city departments, including Police, Fire,
Library, Parks & Recreation, Public Works and the City Attorney's Office to share experiences and
collaborate on potential strategies. This working group, known internally as the Homeless
Response Team ("HRT"), met several times in late 2016 and early 2017 with the goal of developing
a proactive, solution-oriented program to address the homelessness challenge. While we
coordinate with other cities and other regional service organizations to meet the needs of the
homeless, the Carlsbad HRT decided to focus on addressing the needs of our homeless residents
as a first priority.
We work closely with other cities to expand our model to help other cities through an ongoing
collaborative approach. There are potential negative impacts to surrounding cities when one city
begins putting pressure on their homeless residents to make changes. It was our hope to resolve
the crisis to the greatest degree possible for Carlsbad, and not to just relocate it to another city.
As part of this working group effort, a decision was made to participate actively in the annual
Regional Task Force on the Homeless Point-In-Time Count which occurred on January 27, 2017.
City staff and volunteers who know the city well went into the field and took the counts, and
subsequently conducted interviews of a sample-of the homeless as prescribed by the Task Force. It
was very important to get an accurate count of the homeless to allow staff to better understand
the homeless population in Carlsbad specifically. With a more accurate count, compared to
previous counts, it was anticipated thatthe city would have much better access to state and
federal funding to help address the needs of the homeless in our community. The city also
participated in the Regional Task Force's 2019 Homeless Point-In-Time Count, and staff used this
data to further evaluate the city's Homeless Response Plan ("Plan") strategies and to coordinate
homeless outreach efforts. The total homeless count for Carlsbad in 2017 was 160; 59 sheltered
and 101 unsheltered. This is not the raw data, however; it is data that includes a multiplier for
vehicle and hand-made structure counts applied by the Regional Task Force on the Homeless.
In addition to receiving the final counts from the Regional Task Force on the Homeless, the
following tasks were also completed prior to the development of the original Plan in 2017:
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• A survey of local service, community and faith-based organizations to identify the
resources and services currently being provided to Carlsbad homeless residents and to
identify any gaps;
• Development of a resource guide for city departments to help provide referrals and
information to the homeless community;
• Preliminary efforts to identify local social service agencies, churches, service groups,
businesses and residents serving the homeless population and what each can do to help;
• Ongoing research for alternative affordable housing and homeless shelter opportunities;
• Learning from the City of Oceanside's Homeless Outreach Team and its model for how to
assess the homeless population and identify how to assist them from a range of solutions.
Based on the initial research and on the feedback from the community, the Carlsbad Police
Department created a Homeless Outreach Team {"HOT"} which became fully operational in
September 2017. HOT is comprised of one sergeant, two dedicated fulltime police officers, the
Community Services Manager {HNS} and the city's contracted social workers. The team's role is to
address the growing concerns from Carlsbad residents about the homeless and to address
homeless individuals' needs and impacts on the community. The goal of this team is to make
consistent and frequent contact with the homeless and seek opportunities to connect homeless
residents with appropriate resources and services. Indeed, the Police Department's entire patrol
fleet consistently participate in homeless outreach efforts and help to make these contacts on a
24/7 basis. The team takes a compassionate enforcement approach to working with the homeless
with a focus on the clean-up of homeless encampments and addressing community concerns as
related to the homeless residents, including any related criminal activity. To complement the
Police Department's outreach program, the City Council approved and adopted the Plan on
October 17, 2017 which established key principles and additional system responses that the city
has employed to address the needs of the homeless residents and the community impacts of
homelessness.
On May 22, 2018, the City Council approved an administrative budget for the Plan's
implementation, which included $244,944 in funding and authorization to enter into a contractfor
social worker services for the benefit of homeless residents in Carlsbad. The city currently has a
contract with Interfaith Community Services for 2.5 social workers to assist homeless residents.
The HRT continues to collaborate to implement and monitor execution of the Plan.
Overview
The reasons for homelessness in Carlsbad and other cities throughout the nation are many, and
often different for each individual. Some of the causes of homelessness are:
• Poverty
• Unemployment
• Lack of affordable housing
• Poor physical or mental health
• Drug and Alcohol Abuse
• Physical and/or sexual abuse
• Victims of financial or identify theft
• Escalating health care costs
• Aging out of foster care system with
no support
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• Gambling
• Family and relationship breakdown
• Domestic violence
• Human trafficking
• Lack of transportation or access to
services for various reasons
A homeless person could be homeless for one, several or all of the above reasons. These factors
not only cause a person to become homeless but can be the reasons a person remains homeless.
The solutions are not easy, and often require a multi-pronged and individualized response.
Resolution is also often time consuming and labor intensive to successfully move someone out of
homelessness.
It is staff's opinion, as it was in October 2017, that the current service environment to address the
needs of the homeless has not been more successful because 1) services are not being well-
coordinated and there is limited collaboration among service agencies; 2) there is duplication of
effort in many services due to overlapping organizational missions; 3) there is competition for
available funding to sustain individual organizations rather than to expand services through
partnerships; and 4) homeless persons have difficulty accessing the services for a variety of
reasons including public transportation.
Regional efforts have been made to present a unified response to homelessness in San Diego
County specifically, and considerable funding has been made available to address the needs.
Unfortunately, these efforts have had limited success to date and the homeless populations in San
Diego County are continuing to grow. Because the reasons are many, the solutions which would
allow a homeless person to be housed and remain successfully housed are difficult and complex to
resolve; the solutions require a more comprehensive understanding of the individual needs and,
as noted above, can take considerable time and staff resources to case manage each person.
In 2017 the United States lnteragency Council on Homelessness found that leaving a person to
remain chronically homeless costs taxpayers as much as $30,000 to $50,000 per year. If a
homeless individual does not have connections to the right types of care, they can cycle in and out
of hospital emergency departments and inpatient beds, treatment programs, jails and psychiatric
institutions, which contributes to high public expense when considered from the perspective of a
medical emergency response and care standpoint.
In October 2018, staff prepared a report on the cost of homelessness in Carlsbad which estimates
that in fiscal year 2017-18, the city spent $3 million to address homelessness. This is only an
estimate at this time because all departments are not yet fully tracking the resources being
utilized to address the needs and impacts of the homeless. Efforts are currently underway to
enhance the tracking of costs an·d staff resources to provide for a better accounting at a later date.
A large portion of the above noted costs are related to Fire and Police department responses. The
Fire Department spends approximately $500,000 annually on costs related to homelessness,
typically when fire personnel respond to health checks and crisis calls for the homeless.
Considering response costs for the Fire Department, transportation to the hospital and related
hospital costs for individuals with no insurance, the cost per person adds up fairly fast.
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In 2018, the Police Department handled approximately 4,480 calls for service which were related
to homeless/transient incidents or concerns. To date in 2019, the Police Department has handled
1,864 calls for service related to homeless/transients. These incidents are the result of proactive
police activity such as welfare checks, subject stops or extra patrols in response to community
concerns. The incidents may also originate from community calls for service related to specific
concerns such as theft, suspicious circumstances, assisting the fire department or illegal camping,
to name just a few. These homelessness related incidents frequently involve repeated contacts
with the same homeless persons within similar locations. During the fiscal year 2017-18 the Police
Department spent approximately $1.1 million on homelessness related responses and incidents.
To address the rising cost of homelessness, the city decided to take the steps necessary to actively
work directly with Carlsbad homeless residents and develop individualized action plans to move
them forward in their journey to rehousing. In May 2018 the city contracted with Interfaith
Community Services to provide licensed professional social workers to work with Carlsbad
homeless individuals and develop action plans for those homeless residents willing to make the
effort to change his/her life story. These social workers coordinate with city staff and other service
providers to achieve a level of focused effort and service that moves homeless residents forward
in meeting their life goals. These licensed professionals provide individualized case management
services where those experiencing homelessness are physically located within the community,
working with HOT officers, the city's Community Services Manager and community partners. The
case management work through social workers embodies a holistic and wraparound service
approach which addresses all domains of a person's life (e.g. mental, physical, housing, finances,
family/social supports, addiction, safety, employment, basic needs, legal and community
resources).
It is important to note that the work of social workers is different than homeless outreach
workers. Generally, the homeless outreach workers do not provide for a comprehensive
assessment of all the domains of a person's life. The outreach workers are attached to a specific
program (e.g. substance abuse or mental health) and can only engage individuals who have that
specific need and meet the program's criteria. Without the skills or training, the outreach workers
may not always identify the client's needs and will address only one issue when there could be
many needs that are intertwined and multi-faceted. The social workers provide for both outreach
to the homeless as well as intensive case management services. The social workers are not limited
to a specific population or program.
Plan Update/Implementation Status
This updated Plan provides a status on action items for each strategy currently being implemented
within the city's homeless response. The Plan is a dynamic document and will change based on the
city's learnings as it proceeds with implementation. Some of the key actions to date are as follows:
• Staff is continuing to develop a data collection system to track outcomes on key
performance indicators to assist with program effectiveness and allow for necessary
changes in a timely manner. As part of this effort, the Police Department and Public Works
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have developed an encampment tracking system to prioritize weekly cleanups and cost
impact.
• Working in partnership, the Police Department, Public Works and the City Attorney's Office
also created an encampment enforcement plan. In the last six months of 2018, the Police
Department, with the assistance of the Public Works Department and Urban Corps,
removed 95 homeless camps in the city, cleaning up over 300 cubic yards of refuse. The
majority of these encampments are located on public lands or open space property.
Pursuant to Police Department policy, if personal property of value is located during an
encampment clean up, the Police Department secures the property as found property for
safekeeping, for a minimum of 90 days. These encampments come to the attention of the
Police Department based on officer reports as they are located during their patrols, along
with community reports of illegal encampments.
• To facilitate the community's ability to report homelessness related issues, concerns or
encampments, the Police Department established a dedicated telephone hotline and email
address which allows community members to report their observations in a convenient
and timely fashion. HOT Police Department personnel monitor these reports and conduct
follow-up investigations to address the community's concerns. Additionally, the police
department has posted maps on its department webpage indicating the locations o~
encampment cleanups and calls for service related to homelessness issues.
• In March 2018, the City Council adopted a policy to exercise the city's options to purchase
resales of affordable housing for the purposes of creating new housing opportunities for
very low and/or extremely low-income households.
• Staff has met with homeless service providers to develop relationships around the delivery
of homeless services and programs in Carlsbad. Some of these service providers include
County of San Diego Health & Human Services, Mental Health Systems iHOT, McAlister
·institute and Interfaith Community Services.
• In June 2018, the city contracted with Interfaith Community Services to provide 2.5
licensed professional social workers to assess the individual needs of the homeless
residents who are willing to make the effort to change his/her life story. Since August 2018,
the social workers have engaged with 84 individuals. Of those individuals, 25 have agreed
to work with the social workers to develop individualized action plans that coordinate
comprehensive case management needs, ranging from entry into treatment programs, to
benefits, to temporary or permanent housing.
Social workers also coordinate with the HOT officers during encampment cleanups to
provide resources and connect the homeless residents to necessary resources. As part of
HRT, the social workers also provide insight on service gaps and program development.
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• HOT officers work proactively with the city's social workers, community partners and
community groups to coordinate a homeless person's needs, which can include drug
treatment, medical care, veterans' assistance, mental health treatment, Medi-Cal benefits
and Calfresh benefits (food stamps). In addition to providing resource information, officers
assist homeless persons in accessing the services by providing transportation, assisting in
application preparation and obtaining necessary documents.
• With the assistance of the contracted social workers, staff has worked on the initial
development of a program and process for the city's social service and outreach effort
delivery. Staff has researched the work of other cities in the area of homeless outreach to
identify best practices.
• The program goal is to provide comprehensive case management services to those actively
working with a city contracted social worker, while prioritizing the expanding needs of the
homeless and community.
• In September 2018, the city developed the Carlsbad Rehousing Set-Aside Program
intended to assist homeless Carlsbad residents. Participants are required to collaborate
with a contracted city social worker to develop an Individualized Action Plan (IAP) that will
set forth use of supportive services and/or other actions necessary for the homeless
resident to be rehoused and to successfully remain housed.
The city partnered with WSH Property Management Company at Tyler Court Senior
Apartments to launch the Carlsbad Rehousing Set-Aside program as a pilot to assist
homeless seniors working with a contracted city social worker. To date, the city has housed
five homeless senior residents at Tyler Court. These residents are then monitored by the
social workers for up to 9 months to ensure that they can remain successfully housed and
help them to learn to be rehoused after many years of homelessness.
• In November 2018, the Housing Commission was established as the advisory group for
homeless services and engagement. Staff has reported to the commission updates to the
Plan, introduction of the HOT officers and social workers, trends in homeless services and
programs, new city housing programs to assist the homeless and homeless data and
statistics.
• Staff has met with community partners who serve the homeless in Carlsbad to educate
them on the city's Plan and work to coordinate outreach efforts in a more effective
manner. Some of these community partners include St. Patrick's Church, Fill-a-Belly,
Community of Christ Church, Carlsbad Community Church and Rotary Hi-Noon.
• In January 2019, the city launched an additional pilot program, HomeShare, in partnership
with ElderHelp, to offer alternative housing solutions to Carlsbad residents. The
HomeShare program is a matching service (providers and seekers of housing) that
coordinates shared housing opportunities through carefully monitored agreements. The.
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program focuses on maximizing the use of existing housing stock by matching seniors who
want to remain in their own homes with screened and qualified adults of all ages in need
of housing. This is a free service. One of the parties must be a senior, but there are no
other age restrictions.
• City staff has also been researching and studying other alternatives for providing affordable
housing opportunities to both the homeless and other lower income households in Carlsbad.
These alternatives include the development of a tiny home village with supportive services,
the acquisition and rehabilitation of apartment complexes, a partnership with Habitat for
Humanity and recruitment of accessory dwelling unit owners to make their rentals available to
lower income households with potential management assistance from the city.
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Below is a summary of the various strategies identified in the city's Homeless Response Plan with
status of implementation for those strategies.
Strategy #1: Prevent, reduce and manage homelessness in Carlsbad
Action Comments -
Continue to evaluate existing city services and programs that This is an ongoing activity. serve homeless residents.
Compile homeless and/or transient related data from
departments (transient camps cleaned up, number of This is an ongoing activity. homeless-related emergency calls) to set a benchmark to track
success of plan efforts.
Develop homeless encampment enforcement plan in Team has developed an encampment tracking sheet
coordination with the city's crime suppression team and HOT, to coordinate clean-up efforts, and clean ups are
other city departments and select service providers. conducted every week.
Strategy #2: Support and build capacity within the city and community to address homelessness
Action Comments
Hire a Homeless Response Manager to allow for dedicated Manager to be hired in FY19/20, if budget is support to the team and implementation of the city's provided to do so. homeless response
Contract with one or more local service provider(s) for social City has contracted with Interfaith Community workers to work with homeless residents and city staff to Services for 2.5 social workers develop individualized action plans for homeless residents.
Conduct a community analysis of existing homeless programs
and services provided by the city, faith-based and community This is an ongoing activity depending on
organization and service providers to identify gaps and assessments of homeless residents.
opportunities. Implement efforts to address gaps.
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May 14, 2019 Item #8 Page 14 of 35
Develop a city protocol to assist staff to serve homeless This is a work in progress. residents at city facilities or in the community.
Engage the Housing Commission to serve as an advisory group The Housing Commission is receiving regular reports
for homeless services, programs and/or issues. and providing comments/feedback
Evaluate existing city ordinances: Noise, property Proposed amended and new ordinances will be maintenance, open container, camping, parking, land
use/zoning (e.g. churches -soup kitchens) that impact the presented to the Council at a future meeting for
community and city response to homeless-related issues consideration.
Strategy #3: Encourage collaboration within the city, community partnerships and residents
Action Comments
Coordinate with services providers (e.g. mental health,
recovery and housing) to support rapid rehousing and This is an ongoing activity
successful connection to needed services.
Develop partnerships with service providers, faith-based and
community organizations, residents and businesses to This is a work in progress.
collaborate on homeless related issues and needs.
Develop educational materials for residents and businesses on
how to address or report homeless related concerns (e.g. This is a work in progress. homeless resident going through trash in a dumpster on
private property-how to resolve?)
Develop working relationship with local DMV and Social
Security Administrative offices to eliminate barriers to housing This is a work in progress.
or connections to support services.
Host a one-day resource fair that provides access to local
services and programs, while allowing for a ·coordinated effort Future activity. to have attendees assessed by a local service provider or case
management team.
9
May 14, 2019 Item #8 Page 15 of 35
Work with faith-based organizations to coordinate community
outreach and service plan to reduce duplication of efforts and This is a work in progress.
crime-related issues (e.g. providing meals, clothes, bus passes)
Work with service groups and faith-based organizations to Future activity. provide home items for newly housed homeless.
Develop a plan with Tri-City Medical Center to address the
cycling of Carlsbad homeless in and out of the center, which This is a work in progess. has a negative impact on homeless residents' care and drains
city emergency resources.
Leverage existing Memorandums of Understanding (MOUs) or
community partnerships to connect homeless residents to This is an ongoing activity.
appropriate community services or programs
Strategy #4: Retain, protect and increase the supply of housing in Carlsbad
Action Comments
Work with existing housing developments to consider
voluntarily set-aside units for the homeless . Possibly provide Future activity. incentive to pay person's rent for a period of time or pay the
deposit.
lnclusionary housing policy: 10% set-aside units to serve Future activity for City Council consideration.
homeless residents for new developments
Evaluate alternate housing options to address high rent rates
and limited housing inventory: Tiny homes, motel or This is an ongoing activity. apartment conversion, shared housing and shelters for women
and families
Request authorization from City Council to pursue the City Council approved and authorized staff to purchase of existing housing units to rehouse homeless exercise option on existing affordable home resales. families, veterans and/or seniors as a priority.
City Departments' Coordinated Work
Housing & Neighborhood Services has taken the lead in implementing the Plan in coordination with
the city's HRT. This multi-department effort to address the needs of the homeless has been efficient
and effective because it builds on the strengths and current work effort of each of the HRT members.
In addition to executing the developed protocol for addressing the needs of the homeless at city
facilities and within the community, following are some of the current roles for the HRT members:
10
May 14, 2019 Item #8 Page 16 of 35
Department Role on team
Maintains a resource guide for all to use in addressing the needs of the
Library & Cultural Arts homeless; continues to provide insight to challenges and opportunities in
meeting the needs of homeless library patrons.
Continues to provide insight to challenges and opportunities in meeting the
Parks & Recreation needs of homeless residents at the Senior Center, Pine Park and other city
recreation facilities and parks.
Works collaboratively with HOT-Police Department and Urban Corp on
Public Works encampment cleanup projects and other related service needs; continues to
provide insight to challenges and opportunities for addressing the impacts of
homeless residents and their actions on public facilities.
Provides life emergency services to homeless residents; acts as subject matter
Fire expert for emergency services best practices for homeless residents; continues
to assist with interviewing homeless residents and helps them move forward to
obtain assistance through the city's case management program.
Working as part of the HOT, two dedicated officers and their sergeant make
consistent and frequent contact with the homeless through a compassionate
enforcement approach to homeless outreach; seek opportunities to move
Police homeless residents towards the city's contracted social worker/case
management program in coordination with HNS and other HRT members. The
HOT-Police Department leads the effort on addressing the impact of homeless
encampments and works with the general public on their concerns and
complaints regarding the homeless.
Provides legal guidance, advice and insight around homeless related issues;
City Attorney assists with new policies and ordinances to address and limit, where necessary,
homeless impacts on the community.
Housing &
Neighborhood Lead on management of the Plan, which includes strategies and action items.
Services Staff is a member of HOT and supports in homeless engagement efforts.
Measuring Success
A critical element of the city's Plan involves monitoring progr·ess and measuring success against
established objectives. Using indicators to help gauge the impact of actions has been important to
help the city and community to better understand where success is emerging or where efforts
need to be re-evaluated.
Staff has developed tracking and reporting systems to measure the effectiveness of the Plan. The
following items are some of the key measures for the homeless response project. Over time, key
performance indicators will be added or changed based on review of the homeless response plan
and development of the longer term strategic homeless plan. The measures include, but are not
limited to:
• Number of homeless residents assessed, and action plans developed for each person
and/or family.
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May 14, 2019 Item #8 Page 17 of 35
• Full implementation of a case management system, put into place to effectively
collaborate with city departments, service providers and community organizations to
address the unique needs of homeless residents.
• Increase in number of community and service partnerships to serve homeless residents.
• Increased housing opportunities for short and long-term housing for homeless residents.
• HOT-Police Department homeless outreach, enforcement activity and encampment
cleanup efforts.
• Public Works' tracking of detailed data on encampment cleanup events, capturing
information on the number of encampments cleaned per week, the number of camps in
each encampment and the number of hours for each cleanup.
Below are some of the key reporting areas for the Plan, which include HOT outcomes,
encampment cleanups and Fire Department data.
Homeless Outreach Team ("HOT"} Efforts and Successes to Date
Staff worked on the development of a program and process to support the work of HOT, which
includes a database to capture information on the number of homeless the team has contacted or
is working with in Carlsbad . This area of the Plan is a work in progress, as staff works on an
enhanced data collection model.
Since 2017, HOT has worked with approximately 180 homeless individuals, which includes 84
individuals who city social workers have assisted since August 2018. Of those 84 people, eight
individuals moved into permanent supportive housing, 11 individuals went into emergency
shelters in San Diego County, four individuals moved into sober living homes or family or friends'
homes, four individuals were admitted to inpatient substance abuse treatment programs, 14 were
connected with mental health services and 19 were connected with a primary care doctor. The
social worker team also assisted eight individuals to earn or increase their income through SSI,
General Relief, CalWorks or reduction in child support payments. This team also completed three
Assertive Community Treatment ("ACT"} referrals for individuals experiencing serious mental
illness and homelessness, and all three were accepted to these programs; these individuals will
receive life-long case management support, 24/7 care, mental health treatment and housing
resources. The social workers continue to work with the remaining homeless residents to the
extent that they are willing to accept the city's services.
In 2018, the Police Department handled approximately 4,480 calls for service which were related
to homeless/transient incidents or concerns; these incidents or concerns frequently involved
repeated contacts with the same homeless persons within similar locations. To date in 2019, the
Police Department has handled 1,864 calls for service related to homeless/transients. As explained
above, when Police Department HOT officers contact homeless persons, officers are proactive in
providing resource information with respect to drug treatment, medical care, veterans' assistance,
mental health treatment, Medi-Cal benefits and Calfresh benefits (food stamps). In addition to
providing resource information, officers assist homeless persons in accessing the services by
providing transportation, assist in application preparation and obtaining necessary documents.
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May 14, 2019 Item #8 Page 18 of 35
In addition to the calls for service noted above, the Police Department reported 532 arrests in
2018 and 182 arrests year to date for 2019 for involuntary psychiatric holds for homeless or
transients in Carlsbad. Citations for illegal camping by homeless/transients were issued by Police
Department, with 464 issued in 2018 and 134 issued year to date for 2019.
In April 2019 the Police Department, in response to community feedback, began posting on its city
web page a HOT heat map calls for service for six-month period. An example of the map is noted
below.
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Batiq llilne Lagoon
I '
l. --•• ,
~•,fo,j/t7/ I
·Matron
,Omf)i,la&sta.
'Golf Club
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May 14, 2019 Item #8 Page 19 of 35
To help prioritize the work of the HOT, staff uses a level and stage of engagement model to
determine a person's level of motivation to work with a team member. This approach also allows
us to manage resources and plan for an increase in staffing resources based on the number and
need of the homeless.
Below is the level of engagement chart, which reflects the stages of homeless resident
engagement totals and the current level of engagement per contracted social worker caseload.
Definition of the Levels of Engagement:
Level of en~a~ement Exolanation
Precontemplation Not thinking about or has rejected change.
Contemplation Thinking and talking about change.
Preparation Planning what it would take to make change happen
Action Putting plan into practice by actively working with Homeless Outreach
Social Worker
Maintenance Achieving positive and concrete developments with continuing and
potentially little support.
Relapse Falling back into old patterns, actions, and behaviors.
Definition of Stages of Engagement:
Stages of engagement Exel a nation
HOT member has made contact with the individual, and the person may not be a
Pre-Engaged Carlsbad homeless resident, has declined assistance from a team member or has not
been assigned to a social worker.
Engaged Homeless person has begun initial work with a HOT member.
Homeless individual is actively working with a social worker on developing and
Active executing an Individualized Action Plan.
Homeless individual was either in the Engaged or Active stage and has disengaged for
Disengaged a variety of reasons.
Closed
Homeless individual no longer requires assistance from HOT or has case transferred to
another service provider based on the person's Individualized Action Plan.
Deceased
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May 14, 2019 Item #8 Page 20 of 35
Neighboring Cities' Response
Several of Carlsbad's neighboring cities have taken a proactive approach by developing a homeless
strategic plan and city-specific programs similar to the City of Carlsbad's Plan, as in the case of
Escondido and Vista. Oceanside developed a Homeless Outreach Team in 2014 with two dedicated
officers and one sergeant. The city contracted with Interfaith Community Services to provide two
social workers to work with its police and housing departments, similar to Carlsbad. Encinitas
contracted with Community Resource Center to hire a Homeless Services Coordinator to work on
their challenges associated with the homeless.
Because of the uniqueness of the needs of each homeless resident and the varying degrees of
abilities to access services in each city, it appears that a community focused effort may be more
successful than the regional approach at this time. These locally focused efforts may then be able
to expand to regional solutions as each of the cities develop a better understanding of the specific
needs of their homeless populations and responds accordingly to connect this population with
resources and other longer-term solutions to address those needs. It is important to note,
however, that there is a role for regional solutions in areas such as mental and behavioral health
services, emergency care and funding. Elected officials, legislatures and county, state and federal
agencies need to address these service and funding gaps to assist local governments to be
successful in their responses to the challenges of addressing homelessness and its impacts on the
local communities.
Community Partnerships
To respond successfully to the challenge of homelessness in Carlsbad, the coordinated assistance
of a multitude of community partners are needed to work in coordination to implement the
strategies of the Plan. The city would not be able to implement its Plan without the assistance of
many others with expertise in a variety of areas of service to the homeless.
Staff has worked with its key stakeholders including caring residents, community members,
service organizations, faith-based organizations, businesses and other government agencies to
address the complex needs of the homeless and minimize the impact of homelessness in Carlsbad .
For example, Police Department HOT officers partner with the County of San Diego Health &
Human Services and Mental Health Systems' iHOT program in the field to connect homeless
individuals to mental health treatment, Medi-Cal benefits and Calfresh benefits (food stamps).
HOT members actively work with Carlsbad faith-based organizations, who provide support to the
homeless, by the coordination of services.
Residents and businesses are a valued partner in the implementation of the Plan. The Police
Department HOT and the Community Services Manager (HNS) have met or spoken with residents
and business owners who want to provide support to the city's Plan, have concerns about the
impact homelessness is having on their business or neighborhood or would like to understand
what the city's approach is to addressing homelessness.
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May 14, 2019 Item #8 Page 24 of 35
Service providers and community organizations are an integral part of the success of the Plan, as
they provide services and programs that meet the direct needs of the homeless which include
housing, substance abuse treatment, mental health, healthcare, veteran assistance, senior
services, employment, transportation, reunification with family and securing benefits, to name a
few.
Legal Considerations
The following is an exploration of some of the legal issues that surround homelessness in Carlsbad
and throughout the region.
The first subsection discusses a local ordinance package that will be introduced to the City Council
in the near future. The second subsection provides a discussion of the landmark federal Ninth
Circuit case, Martin v. City of Boise, 902 F.3d 1031 (9th Cir. 2018), which has significantly reduced
governments' abilities to enforce camping ordinances throughout the Ninth Circuit. The third
subsection discusses miscellaneous legal issues/questions that have been raised by members of
the public, staff and/or the Council. The final subsection discusses inter-agency legal solutions.
It should be prefaced that there are numerous legal constraints that limit legislative and law
enforcement powers with regard to homeless individuals. While homeless individuals do not
receive special class protection for purposes of the equal protection clause of the Fourteenth
Amendment, numerous other constitutional rights must be respected . Court challenges to laws
restricting camping and sleeping in public have resulted in a complex patchwork of case law
restricting the government's ability to regulate and particularly criminalize these activities.
Governments must also tread carefully when regulating any conduct that might impact a homeless
individual's First Amendment rights: Freedom to speak, associate or express views. All persons,
homeless or otherwise, have the right to use public open space for free speech, expression and
association. That said, the public's free speech rights are not without limits, and the government
may impose content neutral and reasonable time, place and manner restrictions on
communicative activities. The level of permissible government control fluctuates with the location
or forum of the communicative activity (i.e., public forum, designated public forum, non-public
forum). Most of the time, public open spaces will be considered a public forum by the courts, so
regulation of these spaces are subject to strict judicial review standards.
Local Ordinance Package
The Carlsbad Police Department, in consultation with the City Attorney's Office, has been
researching and drafting an ordinance package that aligns with the city's Plan. When the Plan was
first adopted in October 2017, it recommended the implementation of new policies and
ordinances to address and limit, where necessary, homeless impacts on the community and to
prosecute criminal offenses as appropriate. This ordinance package is intended to provide another
tool to address increasing health, safety and environmental concerns that have accompanied a
rise in local transient encampments, as well as the troubling conduct of chronic criminal offenders.
At the same time, any ordinance changes will seek to ensure that all persons' constitutional rights
are respected and enforced accordingly. Any proposed ordinances will be limited in scope to
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May 14, 2019 Item #8 Page 25 of 35
comply with constitutional limitations and take into consideration the ever-evolving legal
landscape in this field.
By way of background, the Carlsbad Municipal Code ("CMC") addresses some of the illegal
conduct exhibited by members of the homeless population, including: Unlawful camping,
urinating/defecating in public, open alcohol containers, scavenging, entering parks or beaches
after the posted closing time and distribution or solicitation to persons in vehicles. Most of these
offenses are chargeable as an infraction, although some such as urinating/defecating in public are
a misdemeanor offense. Only the misdemeanor CMC offenses may be prosecuted by the City
Attorney's Office; the infraction offenses go to the "Minor Offenses" division of the Superior Court
and are often dismissed or unresolved due to defendants' failure to appear in court.
Notwithstanding this limitation on prosecutable offenses in the CMC, the City Attorney's Office
has prosecuted repeat unlawful camping cases under CMC section 1.08.010(B)(3), three or more
of the same municipal code offenses within one year, a misdemeanor offense. Since April 2018,
eight repeat public camping cases have been prosecuted under this section, in addition to other
quality of life cases such as public urination. These cases have resolved by way of plea, resulting in
three-year terms of probation, stay-away orders from the unlawful encampment area in question,
and oftentimes jail terms (stayed or imposed custody). The City Attorney's Office has also added,
as a condition of probation, that defendants make a certain number of contacts with homeless
resource centers, such as Carlsbad's HOT.
That said, there is still room for change in the CMC to more adequately address the wide array of
problematic activities associated with unlawful camping and chronic offenders. Staff believes that
revisions to the CMC will provide an expanded "tool kit" to help remedy these issues.
Martin v. City of Boise: Implications on Enforcement of Unlawful Camping Laws
In September 2018, a three-judge panel of the U.S. Circuit Court of Appeals for the Ninth Circuit
held in a landmark decision that, '"so long as there is a greater number of homeless individuals in
[a jurisdiction] than the number of available beds [in shelters]," the jurisdiction cannot prosecute
homeless individuals for 'involuntarily sitting, lying and sleeping in public."' Martin v. City of Boise,
902 F.3d 1031, 1048 (9th Cir. 2018) (citing Jones v. City of Los Angeles, 444 F.3d 1118, 1138 (9th
Cir. 2006)). The court went on to explain that "as long as there is no option of sleeping indoors,
the government cannot criminalize indigent, homeless people for sleeping outdoors, on public
property, on the false premise they had a choice in the matter." Martin at 1048. At the same time,
the panel explained in a footnote that "where shelter is unavailable, an ordinance prohibiting
sitting, lying, or sleeping outside at particular times or in particular locations might well be
constitutionally permissible. So, too, might an ordinance barring the obstruction of public rights of
way or the erection of certain structures." Martin at 1048, FN 8. The panel further limited the
scope of its holding, stating that "our holding does not cover individuals who do have access to
adequate temporary shelter, whether because they have the means to pay for it or because it is
realistically available to them for free, but who choose not to use it." !.Q. Ultimately, the court
ended its footnote with a vague message to cities as to what type of camping ordinance would or
would not be constitutionally compatible: "Whether some other ordinance is consistent with the
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May 14, 2019 Item #8 Page 26 of 35
Eighth Amendment will depend, as here, on whether it punishes a person for lacking the means to
live out the 'universal and unavoidable consequences of being human' in the way the ordinance
prescribes." .!.fl (citing Jones at 1136}.
The effects of this landmark decision are wide-ranging, as the Ninth Circuit encompasses not only
California, but also Oregon, Washington, Nevada, Montana, Idaho, Arizona, Alaska and Hawaii.
That said, interpretation of the case is very nuanced and not yet fully understood by legal analysts.
In many respects, we must "wait and see" what happens with future litigation that might pave the
way for another court's interpretation of Martin. Given these variables and the Ninth Circuit's
apparent desire to vigilantly protect homeless persons' constitutional rights, the City Attorney's
Office believes that the most prudent course of action is to maintain our public camping charge as
an infraction level offense and not seek to elevate this offense to a misdemeanor in a future
ordinance package. The Carlsbad Police Department has also revised internal policies in response
to Martin by limiting the times and places that the city's public camping ordinance can be
enforced. This limitation on enforcement is essential under Martin to ensure that homeless
persons are provided times and places to lawfully carry out "universal and unavoidable" human
activities, such as sleeping. The City of Carlsbad is not in a position to enforce a citywide ban on
camping in public, given the current bed status within the city's limits. In short, there is currently
insufficient "alternative sleeping space" within the city's limits to accommodate the city's entire
homeless population. Martin v. City of Boise, 2019 WL 1434046 at *3 (Apr. 1, 2019}.
That said, this area of law-homeless individuals' right to camp and do other activities in public--is
still in a state of flux. Soon after the Martin case came down, the City of Boise filed petitions with
the Ninth Circuit seeking panel rehearing or, in the alternative, rehearing en bane (rehearing by
the entire Ninth Circuit). On April 1, 2019, the court denied both petitions and declared that no
further petitions would be entertained. The court also provided a slightly amended opinion to its
earlier opinion published in September 2018. Judge Berzon, concurring in the denial of rehearing
en bane, emphasized that the court's opinion was limited in scope and "holds only that municipal
ordinances that criminalize sleeping, sitting, or lying in all public spaces, when no alternative
sleeping space is available, violate the Eighth Amendment." Martin, 2019 WL 1434046 at *3 (citing
Martin, 902 F.3d at 1035}. "Nothing in the opinion reaches beyond criminalizing the biologically
essential need to sleep when there is no available shelter." Martin, 2019 WL 1434046 at *3.
Notwithstanding the Ninth Circuit's official concurrence with the original opinion published in
September 2018, two members of the court published lengthy dissenting opinions, in which
numerous members of the court joined at least in part. Judge Bennett's dissent addresses the
notion that "except in extraordinary circumstances not present in this case, and based on its text,
tradition, and original public meaning, the Cruel and Unusual Punishments Clause of the Eighth
Amendment does not impose substantive limits on what conduct a state may criminalize." .!.fl at
*12.
Likewise, Judge M. Smith's scathing dissent calls out the panel for a "misguided ruling" in "three
areas of binding Supreme Court precedent." !Q_at *4. Judge M. Smith's dissent goes on to describe
that the panel's holding "has begun wreaking havoc on local governments, residents, and
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May 14, 2019 Item #8 Page 27 of 35
businesses throughout our circuit. Under the panel's decision, local governments are forbidden
from enforcing laws restricting public sleeping and camping unless they provide shelter for every
homeless individual within their jurisdictions." l,Q. In short, "the panel's opinion shackles the hands
of public officials trying to redress the serious societal concern of homelessness." Id. At the end of
his dissent, Judge M. Smith reiterates: "The panel's decision, which effectively strikes down the
anti-camping and anti-sleeping Ordinances of Boise and that of countless, if not all, cities within
our jurisdiction, has no basis in current law." l,Q. at *12. There is also commentary on the fact that
the judiciary typically has no place in political decisions such as the homelessness crisis: "By
creating new constitutional rights out of whole cloth, my well-meaning, but unelected colleagues
improperly inject themselves into the role of public policymaking." !fl at *7.
While dissenting opinions are not binding, these opinions certainly call into question the
constitutional validity of the Martin case. Judge M. Smith's decision also highlights the divisive
circuit split on homelessness rights throughout the country, by virtue of the panel's holding that
Boise's enforcement of its ordinances violates the Eighth Amendment. In short, the dissent seems
to be beckoning the U.S. Supreme Court to take up the issue. At the same time, based on the
politically charged nature of this issue, the U.S. Supreme Court may choose not to hear this case
and leave the issue to the legislative branch, whether that be at the federal, state or local level.
In the interim, the law of this case governs our jurisdiction, and any current and future limitations
on enforcement of Carlsbad's public camping ordinance appear to be necessary.
Miscellaneous Legal Issues:
Conduct in Libraries
Libraries in particular have heightened constitutional protections by nature of the free media that
they offer to the public. The U.S. Supreme Court has held and reiterated that the First Amendment
prohibits the government from denying individuals the right to read, the freedom of inquiry and
the right to receive information and ideas. Griswold v. Connecticut, 381 U.S. 479 (1965); Stanley v.
Georgia, 394 U.S. 557 (1969). However, this right is not absolute. The government may limit this
right to some extent, depending on the nature of the public library as a forum.
Courts have consistently classified libraries as a limited public forum, meaning that they are
governmental property that have been designated as places for a specific type of expressive
activity. As a limited public forum, courts have held that a public library is obligated to permit the
public to exercise only those rights that are consistent with the nature of the library and with the
government's intent in designating the library as a public forum; other activities need not be
tolerated. See Kreimer v. Bureau of Police for the Town of Morristown, 958 F.2d 1242, 1255 (3d
Cir. 1992). In interpreting the "nature of the library," the U.S. Supreme Court has defined libraries
as "a place dedicated to quiet, to knowledge, and beauty." Brown v. Louisiana, 383 U.S. 131, 142
(1996). The Court has also stated that "[p]ublic libraries pursue the worthy missions of facilitating
learning and cultural enrichment." U.S. v. American Library Assn., Inc., 539 U.S. 194 (2003).
Library restrictions that do not directly limit First Amendment activities, such as banning talking on
a cell phone while in a library, need only be reasonable and viewpoint neutral. Perry Education
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May 14, 2019 Item #8 Page 28 of 35
Assn. v. Perry Local Educators' Assn., 460 U.S. 37, 46 (1983). On the other hand, a time, place or
manner restriction that limits a person's permitted First Amendment activities within a designated
public forum are legal only if they are "narrowly tailored to serve a significant governmental
interest, and ... leave open ample alternative channels for communication of information." Ward
v. Rock Against Racism, 491 U.S. 781, 791 (1989).
Courts have generally placed a library's hygiene and appearance restrictions in the latter category,
often finding that they do not withstand this heightened constitutional standard. So long as an
individual is peacefully engaged in the First Amendment activities for which the library was
established, s/he cannot be expelled from the premises just because s/he is violating a hygiene or
appearance rule. Similarly, public library polices regarding which items may be brought into the
establishment receive this higher level of scrutiny. For example, the Boston Public Library
attempted to prohibit persons from bringing in "articles with a foul odor which ... impede use of
the library by others." Lu v. Hulme, 133 F. Supp. 3d 312, 329 (D. Mass 2015). The court upheld the
library's policy, finding that the rule was narrowly tailored to serve the library's substantial
interest in ensuring that all patrons could use the library for its designated purposes. However, on
the Boston Public Library's related policy of disallowing wheeled carts in the library, the court
found that the policy was not narrowly tailored to serve the governmental interest in keeping
passageways and browsing areas clear. !fl at 331. The court suggested other less restrictive means
of accomplishing the government's interest, such as allowing for wheeled devices "in designated
areas." Id.
Under certain circumstances, disruptive individuals have been suspended or banned from
libraries. See Spreadbury v. Bitterroot Public Library, 862 F.Supp.2d 1054 (D. Mont. 2012). While
Spreadbury is not legally binding in California, it is instructive as to how a California court might
interpret this constitutional issue. The Spread bury court found that the plaintiff was not
wrongfully deprived of his constitutional liberty interests to use a public library when the town
library banned him from the premises. !fl at 1056. The plaintiff had intimidated library staff and
patrons after the library received a request to include in its collection a letter drafted by the
plaintiff. The court found that while everyone has a right to use public libraries, the right is not
unqualified. !fl Additionally, so long as a person is afforded due process, s/he may be
constitutionally deprived of a liberty interest. !fl (citing Pinnacle Armor, Inc. v. U.S., 648 F.3d 708,
716 (9th Cir. 2011)). The court cited to a non-binding Third Circuit federal case for the proposition
that "as a limited public forum, the Library is obligated only to permit the public to exercise rights
that are consistent with the nature of the Library and consistent with the government's intent in
designating the Library as a public forum. Other activities need not be tolerated." Kreimer v.
Bureau of Police for the Town of Morristown, 958 F.2d 1242, 1255 (3d Cir. 1992). In Spreadbury,
the court found that "Spreadbury violated a Library policy, and the Library could refuse him
service so long as it provided him with the minimum due process requirement of notice and an
opportunity to be heard." Spread bury, at 1056.
Like the hygiene policies discussed below, there is not any case law directly on-point in our
jurisdiction with regard to a potential library policy of: Removing disruptive persons, prohibiting
entry with certain belongings or appearance/hygiene restrictions. Any such policy is likely subject
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May 14, 2019 Item #8 Page 29 of 35
to strict constitutional scrutiny based on the unique First Amendment protections associated with
libraries. Any such proposed policy should be carefully reviewed by the City Attorney's Office prior
to implementation.
Hygiene Policies
Although there does not appear to be any California or Ninth Circuit case directly on-point with
this issue, two decisions from the Third Circuit and District of Columbia District Court are
instructive. In Kreimer v. Bureau of Police for the Town of Morristown, 958 F.2d 1242, 1246 (3d
Cir. 1992), the Third Circuit ultimately upheld a Morristown, New Jersey library policy relating to
patron hygiene. Specifically, a homeless man was expelled from the library for violating the
following provisions of the library's code of conduct:
1. Patrons shall be engaged in normal activities associated with the use of a public library
while in the building. Patrons not engaged in reading, studying, or using library materials
may be asked to leave the building. Loitering will not be tolerated.
9. Patron dress and personal hygiene shall conform to the standard of the community for
public places. This shall include the repair or cleanliness of garments.
Id. at 1247.
After receiving a letter from the New Jersey Office of the American Civil Liberties Union, the library
amended the ninth rule, among others, as follows: "[p]atrons shall not be permitted to enter the
building without a shirt or other covering of their upper bodies or without shoes or other
footwear. Patrons whose bodily hygiene is offensive so as to constitute a nuisance to other
persons shall be required to leave the building." & at 1248. Kreimer sued the library, alleging the
rules were "vague and overbroad, both on their face and as applied by library employees" and in
violation of his First Amendment and Fourteenth Amendment due process and equal protection
rights. & The equal protection claim asserted that Kreimer could not meet the library's
"subjective (and vague) standards ... because of [his] homeless status or because of an involuntary
physical condition." & The district court ruled that rules one and nine were null on their face, and
enjoined the library from enforcing the rules. Kreimer v. Bureau of Police for Town of Morristown,
765 F. Supp. 181, 197-98 (D.N.J. 1991), rev'd, 958 F.2d 1242 (3d Cir. 1992).
The Third Circuit reversed the district court on appeal, finding no violation of due process in the
rules. Kreimer, supra, at 1270-71. As to rule nine, the court found that it was valid under the First
Amendment: It was sufficiently narrow to promote the significant government interest of ensuring
that "all patrons of the [Library] [can] use its facilities to the maximum extent possible during its
regularly scheduled hours." & at 1264. The Third Circuit explained that while "the rule may
disproportionately affect the homeless who have limited access to bathing facilities, this fact ...
would not justify permitting a would-be patron, with hygiene so offensive that it constitutes a
nuisance, to force other patrons to leave the Library, or to inhibit Library employees from
performing their duties." & 1264-65. "Kreimer's [First Amendment] right has no lesser, or greater,
significance than that of other residence." &
24
May 14, 2019 Item #8 Page 30 of 35
As to Kreimer's argument that the rule should be void as constitutionally vague, the court
disagreed: "Although we agree that the 'nuisance' standard contained in this rule is broad, in our
view it is necessarily so, for it would be impossible to list all the various factual predicates of a
nuisance .... The determination of whether a given patron's hygiene constitutes a 'nuisance'
involves an objective reasonableness test, not an annoyance test." & at 1268. The court came to
the same conclusion as to rule one.
Finally, as to the equal protection argument, the court did not agree that the rules imposed any
legally significant burden on homeless persons. "Further, in any event, as the homeless do not
constitute a suspect class, the rules need only survive the lowest standard of review for equal
protection purposes. Our previous discussion forecloses any serious contention that they do not
pass muster under this standard." & at 1269, n.36.
Similarly, in Armstrong v. District of Columbia Public Library, a patron was expelled from a public
library under a similar ordinance for failure to pass the appearance standards of the library. 154 F.
Supp. 2d 67 (D.D.C. 2001). The library's policy provided for the exclusion of patrons based on
"[o]bjectionable appearance (barefooted, bare-chested, body odor, filthy clothing, etc.) .... " & at
70, n.2. The original policy included the phrase "Loiterers and Vagrants" and was passed because
"a proliferation of more street people and more homeless' in 1979 'precipitated the need for [the]
policy." Id. (internal quotation marks omitted). While the "Loiterers and Vagrants" phrase was
deleted in 1982, the substance of the policy remained unchanged. In this case, the plaintiff tried to
enter the library "wearing a shirt, shoes, pants, several sweaters, and two winter jackets to stave
off the cold weather." & He was turned away by a security guard who told him that he needed to
"clean up" before entering the building. &
Unlike in Kreimer, the Armstrong court found that regulation was unconstitutionally vague and
"unduly [interfered] with the exercise of the common right." & at 77-79. Specifically, there was
no defined legal standard or specific definition of "objectionable appearance," so library staff
necessarily exercised a subjective interpretation of the objectionable characteristics. & at 77-78.
While these cases both concerned hygiene practices in a public library, their holdings could be
extracted to other limited public forums such as Carlsbad's Senior Center. Again, without any case
law directly on-point in our jurisdiction, it would be advisable to keep any hygiene policy for the
library, Senior Center or other limited public forum narrow in scope with an objective standard of
interpretation, to ensure that such policy passes constitutional muster.
25
May 14, 2019 Item #8 Page 31 of 35
Safe Parking Lots
Safe parking lot programs are often administered by a non-profit agency in agreement with a city.
These programs allow homeless individuals to park a vehicle in a public parking lot for free and
legal overnight parking. Most programs allow vehicles only, no tents or RV's. The parking lots are
monitored by city staff. People seeking to use a safe lot must formally apply, and usually sobriety
is a condition of registration. Many operating organizations also prohibit violent criminals, sex
offenders and persons who have committed crimes against children. In many cases participation
appears to be a long-term commitment so that the operating organization can work with a
particular family or individual to provide assistance over time. Applicants are usually required to
make a commitment to seek permanent housing or at least apply to a long-term transitional
shelter.
A safe parking lot program would not be permitted by the Carlsbad Zoning Ordinance (Title 21).
Whether a safe parking lot program is allowed or prohibited in Carlsbad depends on the nature of
the operation of the use, the zoning designation and the zoning rules. The only classification in
the Carlsbad Municipal Code {CMC) that might be viable is "emergency shelter." These are allowed
in the "M" -Industrial Zone and the "PM" -Industrial Zone. But, the "shelter" would have to
conform with CMC section 21.32.070. CMC subsection 21.32.070{G) provides: "No person shall be
allowed to camp on the premises or sleep on the premises outside of the shelter building." A safe
parking lot would squarely violate this provision.
Even if a safe parking lot could somehow be interpreted as a "shelter building" under section
21.32.070{G), which would be a stretch at best, there are various requirements that would
unlikely be satisfied by a safe parking program. If the shelter has more than 30 beds, a Conditional
Use Permit (CUP) would be required. Section 21.32.070 (E)(4) states the minimum requirements
for the building and premises. Of note, it would be difficult to find that vehicles provide clean
sanitary beds. Sanitation facilities such as showers and toiletries would also need to be provided.
That said, overnight parking is permitted in most areas of the city, providing homeless persons
with ample locations to park their vehicles overnight. The proposed ordinance package discussed
above would continue to allow overnight vehicle parking, with certain time and place restrictions.
Distributing Food to Homeless in Public Spaces
In October 2017, El Cajon enacted a temporary urgency ordinance that banned the sharing or
distribution of food in parks and other public spaces. The short-lived El Cajon ordinance was
uniquely passed as a temporary "urgency ordinance" based on the high number of reported
Hepatitis A cases in El Cajon. The city's argument was that the ordinance would minimize the risk
of spreading Hepatitis A through handling food given to the homeless. Opposition groups
questioned the soundness of the city's argument, noting that Hepatitis A was not spread through
food handling but instead through feces. The city carved out exceptions for events such as
birthday parties, sport team celebrations and wedding anniversaries. The aftermath of the
ordinance included protests, homeless persons gathering and sharing food under the guise of a
"birthday party," and citizens simply defying the ban and feeding the homeless anyways. The
26
May 14, 2019 Item #8 Page 32 of 35
urgency ordinance was lifted shortly thereafter in January 2018 when the Hepatitis A emergency
was lifted.
The viability of such an ordinance was unique to the circumstances that existed at the time of its
passage. It would not be legally viable at this time to pass a similar such ordinance in Carlsbad. As
an alternative to addressing this conduct, the HRT will continue reaching out to community groups
to encourage solutions to help the homeless which aligns with the city's Plan.
It should further be noted that community events on public property are subject to strong
constitutional protections. At the same time, local governments have successfully enacted and
enforced reasonable and content-neutral time, place and manner regulations. See Santa Monica
Food Not Bombs v. City of Santa Monica, 450 F.3d 1022 {9th Cir. 2006) (upholding Santa Monica's
Community Events Law, including permitting, time, place and size limitations, against broad-based
constitutional attack); Long Beach Area Peace Network v. City of Long Beach, 574 F. 3d 1011 {9th
Cir. 2009) (approving 75-person threshold for events permit limitation).
In Santa Monica Food Not Bombs, the plaintiffs challenged the city's food distribution ordinance
as it applied to city sidewalks, among other ordinances. The food distribution ordinance had two
subsections, one that applied to public parks and the City Hall lawn, and one that applied to public
streets and sidewalks. The parks subsection required persons who served or distributed food to
comply with state health and safety standards, county health permit regulations (which required
city approval as to location) and all requirements of the city's Community Events Law. The public
streets and sidewalks subsection completely banned the distribution of food in these areas
"without City authorization." Violations of these ordinances were deemed a misdemeanor. The
streets/sidewalk section was amended after the filing of the lawsuit to clarify that "City
authorization" could come in the form of a vending permit, use permit, outdoor dining license or
community event permit. The amended ordinance also exempted any permit or license
requirement for "noncommercial food distribution that does not interfere with the free use of the
sidewalk or street by pedestrian or vehicular traffic." Santa Monica Municipal Code section
5.06.020.
The Ninth Circuit ultimately found that any challenge to the food distribution ordinance
concerning city sidewalks was rendered moot because the amended ordinance allowed appellants
to do exactly what they sought to do-engage in non-commercial food distribution on public
sidewalks. As to the challenge to the ordinance concerning distribution of food in public parks, the
court found that the plaintiffs improperly brought this challenge before the court. They failed to
properly bring a "facial challenge" that the ordinance violated the First Amendment, because they
failed to argue that food distribution is, on its face, an expressive activity. Similarly, they failed to
allege that any particular individual was harmed by the ordinance, the prerequisite for an "as-
applied" challenge, i.e., challenging the ordinance as inhibiting an expressive activity protected by
the First Amendment under particular circumstances.
In short, it is difficult to discern from Santa Monica Food Not Bombs what the upper limit would
be on an ordinance restricting non-commercial food distribution in public areas. The court never
27
May 14, 2019 Item #8 Page 33 of 35
reached this question, as it was moot with regard to food distribution on public streets and
sidewalks and not properly raised with regard to food distribution in public parks.
Stay-away Orders
Some homeless individuals who have been prosecuted by the City Attorney's Office for three or
more camping offenses in one year (CMC 1.08.010{8}(3)) are now subject to stay-away orders
during the term of their probation (usually three years). These orders typically span a radius of 300
feet from the campsite location. Significantly, these orders must be imposed by a Superior Court
judge, and they must be imposed pursuant to a plea of guilty or finding of guilt (by way of a trial or
evidentiary hearing on a violation of probation). A judge would have to impose a probationary
term, with the stay-away order as a condition of probation. Stay-away orders cannot be
unilaterally imposed by law enforcement or city staff.
Inter-agency Solutions:
San Diego District Attorney's Office
City staff has joined a local discussion with the San Diego District Attorney's Office to address
chronic drug offenders, many of whom are also homeless. Since the passage of Proposition 47 in
2014, which reduced many drug and theft crimes from felonies to misdemeanors, there has been
an increase in nuisance and homelessness-related complaints in Carlsbad. Those persons who
have plead guilty or been found guilty of these misdemeanor crimes often enter into probationary
plea agreements. Unfortunately, the probation supervision resources that are available to felons
are not available for misdemeanor offenders including: Formal probation, parole, AB 109
supervision (county jail or probationary supervision for certain felons and state prison parolees)
and reentry programs. This sets up misdemeanor offenders for limited accountability, the
"revolving door syndrome" and minimal incentives for offenders to accept treatment. The District
Attorney's Office is currently considering alternatives to current prosecution practices and
priorities to address chronic misdemeanor offenders, particularly those who are homeless and/or
drug-addicted. This will require collaboration among judges, the Public Defender's Office, the
District Attorney's Office, law enforcement, probation and other agencies to be successful. The
Carlsbad Police Department and City Attorney's Office has expressed a strong interest in such a
collaborative effort.
The San Diego City Attorney's Office has already found some success in combatting homelessness
through a chronic misdemeanor diversionary pilot program called "SMART." The purpose of this
program is to safely divert non-violent chronic misdemeanor drug and quality of life offenders,
particularly those who are otherwise resistant to intervention. SMART offers individualized case
management, substance abuse treatment and tailored housing placement for up to two years (not
temporary shelter beds). The long-term goals of the program include: A reduction in recidivism, a
reduction in emergency room visits, reduced drug use, increased access to healthcare, increased
days in treatment and a reduction in court appearances. Staff will continue to press the District
Attorney's Office and other local agencies/authorities to consider replicating a similar such
28
May 14, 2019 Item #8 Page 34 of 35
program in North County. Meanwhile, staff will work to implement aspects of this program at the
local level.
Concerns/Challenges to Successful Plan Implementation
As part of the Plan's strategy to "support and build capacity within the city and community to
address homelessness", staff has identified gaps in critical services to meet the complex needs of
the homeless. Below are a couple of the most immediate challenges that may prevent further
success in addressing the needs of the homeless and rehousing them:
1. In October 2018 Tri-City Medical Center closed its Crisis Stabilization and Behavioral Health
units leaving a gap in emergency mental health services. The nearest options for care when
someone is considered a danger to themselves or others are Palomar Health in Escondido
and the County of San Diego's psychiatric hospital in San Diego. It is staff's understanding
that Palomar Health is often at capacity and does not have a sufficient number of beds to
serve the demand for this type of care. The transportation of persons to the County of San
Diego facility oftentimes requires an officer to be out of service for an extended period of
time.
2. City resources alone cannot adequately support the significant portion of homeless
individuals who are suffering from mental health challenges. Supplementary county, state
and/or federal resources are essential to meet this need.
3. Additional facilities, mental health services and funding for ongoing support are all needed
to address this gap in much-needed assistance for homeless residents. Through Mental
Health First Aid training, city staff learned that one in four persons have some type of
mental health issues, with the most common form being depression . When depression
becomes so severe that it negatively impacts day-to-day life functions, any person could
face homelessness. Without mental health services, the efforts to assist the homeless will
be much less successful overall.
Conclusion
Implementation of the city's Plan has been successful to date, and many strategies are moving
forward in a productive manner. There, however, is more work to do and new strategies may be
developed as the HRT continues its discovery of the individual needs of our homeless residents.
Affordable housing opportunities will continue to be a challenge as the demand is continuing to
far exceed the supply in Carlsbad. Creative alternatives for affordable housing will continue to be
pursued. The gap in service and resources related to mental and behavioral health is a serious
concern and will delay successful rehousing efforts if not addressed in the near future. If the
homeless can't meet their basic needs of care and daily life activities due to mental health issues,
they will not be able to remain successfully housed even if affordable housing can be made
available to them. Carlsbad's homeless residents will need ongoing support and services to remain
successfully housed; it is important for there to be a regional effort to ensure that adequate
resources are made available to address the mental and behavioral health needs of homeless
residents in order for Carlsbad's response to be as successful as possible.
29
May 14, 2019 Item #8 Page 35 of 35
C cityof
Carlsbad
Memorandum
May 13, 2019 a
To: Mayor and City Council Me~ers
From: Marie Jones-Kirk, Commun/{v 5. 11ces Manager
Via Scott Chadwick, City Manager
/\II Receive -Agenda Item# _S_
For the lnf-orm.ition of the:
CITY COUNCIL
Date~ CA ✓ CC___::::_
CM ✓ COO ./ DCM (3) ~
Re: Additional Material/lnforma ron Regarding Staff Report Item #8 -Status Report on
Homeless Response Plan and Homeless Outreach Efforts
On page 13 of Exhibit 1 of the Staff Report for agenda item #8, Status Report on Homeless Response
Plan and Homeless Outreach Efforts, it is stated that there were 532 arrests in 2018 and 182 arrests year
to date for 2019 for involuntary psychiatric holds for homeless or transients in Carlsbad. The correct
numbers should be 31 arrests in 2018 and 9 arrests year-to-date in 2019 for involuntary psychiatric
holds for homeless or transients in Carlsbad. This is determined by the arrestees listing "homeless,
transient, or none" in the home address section of the crime report. The original numbers reported
reflect the total number of arrests for psychiatric holds, not just transients or homeless.
C: Celia Brewer, City Attorney
Elaine Lu key, Chief Operations Officer
Sheila Cobian, City Clerk Services Manager
Debbie Fountain
Community & Economic Development Director
Neil Gallucci , Police Chief
Marissa Kawecki, Deputy City Attorney
May 14, 2019
Moving the Story Forward
An Update on the City’s Homeless Response Plan
City Council Request
On March 26, 2019, the City Council requested
that staff return with an update of the Carlsbad
Homeless Response Plan current
implementation, as well as an update on the
Homeless Response Team efforts within two
months.
Carlsbad’s
Homeless
Response Plan,
an adjustment
of the city’s
service sails.
One of the
most
challenging
social issues of
our time to be
resolved.
The pessimist complains about
the wind; the optimist expects it to
change; the realist adjusts the sails.
William Arthur Ward
Adjusting the sails…..
Understand the life story
first, then develop a plan
to assist. Services need to
meet the need, not simply
an organizational mission.
Many reasons for
homelessness.
Holistic, wrap around
approach;
comprehensive
assessment
Looking at the problem
differently.Present day perspective
October 2017
Homeless Response
Plan
New Approach
Not a plan to end
homelessness
Working to change
life stories
Moving people
forward to rehousing
Changing lives. One
at a time.
May 2019
Homeless Response
Plan Update
Approach is working
Life stories are changing
Moving people
forward to rehousing
Changing lives.
60-70 assists
Not a plan to end
homelessness
Aligning resources…
“We confirmed what we already knew –we had
many dedicated agencies working in parallel, but
not converging on the problem…a comparison of
services available to the demographics of the Houston homeless individuals found something
startling. The resources did not align.”
Annise Parker, Mayor of Houston, 2010-2016
Strategies
•Prevent, reduce & manage homelessness
•Support & build capacity within community & city to address homelessness
•Encourage collaboration within the city, community partnerships & residents
•Retain, protect & continue to increase supply of housing
City Approach
Seek to understand the obstacles to self-
sufficiency for each homeless individual that
seeks assistance, and develop a plan to move the resident towards self-sufficiency and rehousing
opportunities.
Sharing some of the success stories…
Key Actions & Accomplishments
Key Actions Accomplishments
Encampment Clean Up 90 encampments removed/cleaned
Contract social workers 2.5 social workers
Protocol for city departments Developed & developing policies
Evaluate existing ordinances Developing ordinances
Rehousing Assistance 8 homeless residents rehoused
Coordinate community services Still work in progress
Negotiate for EL housing units Commitment from 3 new projects
Alternate forms of housing HomeShare Pilot;Tiny Homes
Repurchase affordable units 2 purchased; 2 potential purchases
Transient Calls for Service
2018
Month TOTAL HOT Only
Jan 412 135
Feb 340 99
Mar 417 100
Apr 437 109
May 398 95
Jun 407 106
Jul 480 101
Aug 527 155
Sep 315 62
Oct 384 92
Nov 364 109
Dec 401 112
YEAR TOTAL 4,482 1,275
2019
Month TOTAL HOT Only
Jan 360 113
Feb 492 183
Mar 561 175
Apr 1-26 451 114
YTD Total 1,864 585
Total HOT
2018 532 31
2019 YTD 182 9
Mental Health Evaluations
Transient Related Activity
Year ARREST CRIME REPORT CITATION FI/Warning Total
2018 336 59 317 137 849
2019 81 8 80 33 202
Self-Identified Transients
2018 361
2019 YTD 71
Citations & Warnings
2018 464
2019
YTD
134
Unlawful Camping in Public
Activity with Persons Self-Identified as Transient
HOT Partnerships
Interfaith Community Services
•licensed Clinical Social Workers (LCSW)
•case Management
•drug/alcohol rehab in Escondido
•Carlsbad Resource Center/Hiring Center (Carlsbad Office)
Health and Human Services Agency (HHSA)
•Cal-Fresh (Food Credits)
•General Relief (Temporary Cash Assistance)
•County Medical Services (CMS)
•emergency shelter partnerships
•funded by County HHSA
In-Home Outreach Team (IHOT)
•field outreach for serious mental health who are reluctant or resist receiving mental health services
•trained to work with clients who may have co-occurring substance abuse and mental health diagnosis
•family connection programs / conservatorship
•access to short-term mental health housing
•funded by County Behavioral Health Services
City Attorney’s Office
•Legal constraints on policies, legislation and
enforcement, e.g., Martin v. City of Boise
•Current prosecutions
•Revised/new local ordinances under review
•Collaboration with other agencies;
diversionary programs
Point in Time Count
Year Sheltered Unsheltered Total
2015 67 21 88
2016 67 41 108
2017 59 101 160
2018 58 152 210
2019 59 102*161
Source: Regional Task Force on the Homeless, San Diego
* Computed using revised methodology
Community Partners
Caring residents, Community members
Service & faith-based organizations
Businesses
Health and Human Services & Mental
Health Systems; iHot
Benefit organizations such as Medi-Cal,
Calfresh (food stamps)
Regional Task Force on the Homeless
What is needed?
•More funding & facilities to provide mental health services; great need
•Continued support for implementation of the city’s Homeless Response Plan
•Programs that move homeless residents forward to rehousing; more housing opportunities
•Support for alternate housing types
•Provide services consistent with Plan; providers to be open to adjusting services to support Plan and meet the identified gaps
Next Steps
•Continue to implement the Plan
•Continue to work towards full engagement of our homeless residents
•Connect homeless residents with needed resources; work towards successful rehousing
•Complete evaluation of needed resources and request needed resources through budget.
•Collaborate with stakeholders to best meet the needs of the homeless residents
•Quarterly updates to the City Council via memo
What do we want the
community to know?
•The city’s homeless response plan is unique to Carlsbad; it is working.
•More work to do; continue to partner and collaborate with community groups/members
•We have successes; we need to adjust our sails
•Challenges continue; transitioning populations
•We do not have a quick fix; continuing resources
are needed to move the stories forward.