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FOLLOW UP ON CAMPING REVISITED WORKSHOP: CRITICAL INFRASTRUCTURE ORDINANCE UPDATE AND PROCLAMATION OF LOCAL EMERGENCY ON HOMELESSNESS
recommended action
RECOMMENDATION
It is recommended that the City Council:
1. Review proposed changes to Chapter 8.100 of the Stockton Municipal Code relating to camping and the protection of critical infrastructure and consider the adoption of an ordinance reflecting desired revisions; and
2. Adopt a Resolution Proclaiming a Local Emergency on Homelessness.
It is also recommended that the City Council authorize the City Manager, or designee, to take necessary and appropriate actions to carry out the purpose and intent of this item.
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Summary
On June 28, 2024, the Supreme Court reversed the ruling for Grants Pass v. Johnson and overturned Martin v. Boise, which prohibited criminal enforcement of camping regulations where the number of unhoused individuals exceeded the amount of practically available shelter beds. The City Council received two informational presentations regarding the impacts of this decision on July 3, 2024, and August 27, 2024.
During the August meeting, staff presented an overview of the Grants Pass regulations as compared to the City of Stockton Critical Infrastructure Ordinance and addressed potential changes to the Stockton Municipal Code, presented plans for implementation, enforcement, and enhanced clean up efforts, along with fiscal and operational impacts. A copy of the August presentation materials has been provided as Attachment A.
It is recommended that the City Council review the potential changes to Chapter 8.100 and consider the adoption of an ordinance reflecting some or all of those potential revisions. It is also recommended that the City Council adopt a Resolution Proclaiming a Local Emergency on Homelessness.
DISCUSSION
Background
The Ninth Circuit 2018 decision in Martin v. Boise held that the Eighth Amendment’s Cruel and Unusual Punishments Clause prohibited criminal enforcement of camping regulations where the number of unhoused individuals exceeded the amount of practically available shelter beds. While in a footnote of this opinion the court noted that it may be constitutionally permissible to enforce camping ordinances in limited circumstances to protect “particular locations,” like public rights of way or certain structures, in practice, cities within its jurisdiction were significantly limited in their ability to enforce camping regulations.
In 2022, the Stockton City Council adopted the Critical Infrastructure Ordinance, codified in Chapter 8.100 of the Stockton Municipal Code, which prohibited camping in particular locations where the City found that camping constituted a threat to public health, safety, and welfare. The ordinance was tailored to protect the City’s critical infrastructure while adhering to the restrictions of the Martin decision.
On June 28, 2024, the Supreme Court reversed the ruling for Grants Pass v. Johnson and overturned Martin v. Boise. In its decision, the Court recognized that policymakers need access to a variety of tools to address the complicated issues of housing and homelessness. Staff provided the City Council with a summary and review of the Grants Pass decision on July 3, 2024.
At the August 27, 2024, City Council Study Session, staff presented an overview of the Grants Pass regulations as compared to the City of Stockton Critical Infrastructure Ordinance and addressed potential changes to the Stockton Municipal Code and operations, considering the recent Supreme Court decision. On September 24, 2024, the San Joaquin County Board of Supervisors adopted an ordinance amending the County Code regarding prohibitions against camping on public property.
Present Situation
CRITICAL INFRASTRUCTURE ORDINANCE - SMC 8.100
Included as Attachment B to this report is a comparison chart outlining significant provisions of the Grants Pass regulations, the recent San Joaquin County ordinance, and the City of Stockton Critical Infrastructure Ordinance. Attachment C includes potential redline changes to the City of Stockton Critical Infrastructure Ordinance and Attachment C1 includes potential redline changes to the City of Stockton Critical Infrastructure List, explained more fully below.
Publicly Owned Property
Both the Grants Pass code and the San Joaquin County code include a provision that prohibits camping on publicly owned property. The City of Stockton does not currently incorporate this broad prohibition. Rather, as noted above, the Critical Infrastructure List provides a comprehensive list of properties where the City found that camping constituted a threat to public health, safety, and welfare.
For the Council’s consideration, Attachment B introduces language to prohibit camping on public property. Note that while the Grants Pass decision clearly overruled the Martin decision, it did not address this expansion.
Exclusion from Parks
The Grants Pass code includes a provision to exclude repeat offenders from city parks for 30 days. The Stockton Municipal Code does not currently have an exclusion provision. However, where appropriate, stay away orders are sought during criminal prosecution for code violations.
Attachment C introduces language to the Critical Infrastructure Ordinance (Section 8.100.070) that allows a Police Officer to issue a written exclusion order barring an individual from all City parks for a period of 30 days if within one-year the individual is issued 2 or more citations under the Critical Infrastructure Ordinance or violates any State law while at a City park.
An exclusion order would be subject to appeal in accordance with standard administrative hearing process and procedures under Chapter 1.44 of the Stockton Municipal Code. For other critical infrastructure locations, stay away orders could still be sought during criminal prosecution in accordance with current practices.
Findings and Purpose
If the Council is inclined to adopt the changes in Attachment B, the Findings and Purpose section of the ordinance (Section 8.100.010), should also be amended to reflect these changes as shown in Attachment C.
Attachment C1
The Critical Infrastructure Ordinance references and incorporates a Council approved and separately maintained Critical Infrastructure List, Attachment C1. This list includes two footnotes that were incorporated to address the restrictions of the Martin case.
The Critical Infrastructure Ordinance prohibits camping on or within 30 feet of critical infrastructure. Footnote 1, however, permits camping within 30 feet of roads, sidewalks, and bike paths. Footnote 2 requires verification that shelter beds are available before the camping restrictions are enforced in City parks. This was specifically addressed and is no longer required as a result of the Grants Pass decision.
The removal of both footnotes will allow for broader enforcement consistent with the recent Supreme Court decision.
For the Council’s consideration, Attachment C1 provides redline changes to the City’s Critical Infrastructure List with both footnotes removed. Attachment C1 can be approved separately or with additional redline changes shown in Attachment C.
RESOLUTION PROCLAMING A LOCAL EMERGENCY ON HOMELESSNESS
In August of 2018, the City of Stockton declared its first emergency related to addressing homelessness in Stockton. With Resolution 2018-08-21-1402-02 the City Council approved a Declaration of a Shelter Crisis in Stockon, in compliance with Government Code Section 8698.2, which enabled the City to participate in funding opportunities designed to support homelessness response efforts (Attachment D). At that time the Homeless Emergency Aid Program (HEAP) was provided by the State, to provide one-time funding to enable local governments to respond to homelessness. The San Joaquin County, as the administrative entity, was allocated the full $7,148,364 in HEAP funds for the San Joaquin area.
In August of 2023, the City ratified a second Proclamation of Local Emergency due to public health and safety related to unhoused individuals, under Resolution 2023-08-03-0401, provided as Attachment E. This resolution was enacted specifically to address the closure of the Stockton Shelter for the Homeless, providing the City Manager, acting as the Director of Emergency Services, the authority to make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by the emergency; obtain vital supplies, equipment, and other resources needed for the protection of life and property; and require emergency services of any City employee or officer; among other duties. As a result of these efforts, the City was able to successfully assume the expansion projects at the Shelter, as well as support the identification and transition to a new operator.
As noted above, on August 27, 2024, the City held a Special Council Workshop where staff was able to address anticipated impacts resulting from the June 2024 Grants Pass decision, in conjunction with the July 25th State Executive Order, N-1-24 (Attachment F), directing State officials to start removing homeless encampments from State land. In addition to discussing the City’s Critical Infrastructure Ordinance, staff provided background on City efforts to support clean-up activities, diversion, and enforcement.
Since the workshop, staff has been working on continuing with next steps. City staff have been participating in State sponsored workshops and collaborating with local partners to support the coordination of activities and efforts. Relevant construction projects continue to progress. And lastly, a resolution Proclaiming a Local Emergency on Homelessness has been drafted for consideration. This resolution incorporates the previous two, related, emergency actions and provides the City Manager, as the Director of Emergency Services, the ability to work with Federal, State, and Local partners to address the homelessness emergency. This proclamation also authorizes a budget appropriation from the General Fund Contingency to both Public Works and Stockton Police operating budgets to implement the tasks outlined in Attachment A.
City staff have also launched two procurement processes in support of activities responsive to this resolution.
First, PUR-25-010, Homeless Support Systems Staff Augmentation, is designed to provide additional subject matter expertise and additional resources as the City prepares to move forward with coordinating efforts outlined in the Regional Homeless Action Plan, adopted in March 2024 (Attachment G).
Secondly, staff has issued a Request for Statement of Qualifications (RFSQ), PUR-25-011, to find and qualify a Safe Camping & Parking Operator. The process is currently underway, staff is expected to finish the review by the end of the year. In addition, to Safe Camping and Parking staff has explored a Safe Sleeping option. Embedded within the proposed Resolution is the ability to create and offer Safe Sleeping Operator Permits for private landowners. This option has been successful in other communities and adds to the overall portfolio of possible services; as many individuals may be employed and have access to different hygiene related services but have temporarily lost access to housing. Offering safe, reliable and convenient places to park a car in the evening provides stability while individuals pursue resources. This option offers service orientated nonprofits and religious organizations a way to contribute to solving the homelessness problem and dual-purpose underutilized parking lots during evening hours.
Recommended Action
It is recommended that the City Council review the potential changes to Chapter 8.100 and consider the adoption of an ordinance reflecting some or all of those potential revisions.
It is also recommended the Council adopt the proposed Resolution Proclaiming a Local Emergency on Homelessness.
FINANCIAL SUMMARY
As presented during the Camping Revisited Council Workshop on August 27, 2024, the Public Works, Economic Development, and Police Departments estimate a potential cost of $2.5 million to support enhanced enforcement efforts, in alignment with expanding the City’s Critical Infrastructure Ordinance and responding to the Grants Pass and State Orders.
As presented at the Council Workshop, a one-time appropriation of $1,265,000 from the City’s General Fund Contingency to the Public Works operational budget is needed to support the installation of a transfer station at the City’ Corp Yard, provide support to our haulers transfer stations, add a position to support enhanced clean-up coordination, and provide any additional support through contracted services as necessary.
As presented at the work, a one-time appropriation of $460,000 from the City’s General Fund Contingency to the Police Department’s operation budget is needed to support additional staffing, over time, and expenses related to re-assigning existing staff, vehicles and equipment to support enhanced clean-up activity, and additional expenses related to creating and implementing expanded processes to address the potential influx of personal property and pets the City may encounter.
Lastly, and as previously presented, a one-time appropriation of $157,000 from the City’s General Fund Contingency to the Economic Development Department operating budget is needed to add one additional full time program manager to coordinate and oversee projects and activities related to homelessness.
Additional expenses will be planned for and presented for approval during the City’s annual budget process.
Attachment A - August 2024 Workshop Presentation Materials
Attachment B - Grants Pass Comparison Chart
Attachment C - SMC 8.100 Potential Revisions (redline)
Attachment C1 - Critical Infrastructure List (redline)
Attachment D - Approved Resolution 2018-08-21-1402-02
Attachment E - Approved Resolution 2023-08-03-0104
Attachment F - State Order N-1-24
Attachment G - 2024 Regional Homeless Action Plan