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SR-8-A/9-ACouncil Meeting: April 7, 1992 CDD : CI3S : JR : srtfh4 ~ APR ~' 1992 Santa Monica, California To: Mayor and city Council FROM: City Staff SUBJECT: Status Report, Implementation Schedul.e and Cost Estimates for The Santa Monica Task Force on Homelessness: A Call ta Action INTRODUCTI~N Thi~ staff report provides a status report on implementatian of The Santa Monica Task Force an I3omelessness: A Call To Action. Additiona~ly, this report recommends apprava~ of initial implementation measures including introducing for first reading the attached Encampment ordinance (Attachment III) and directing the Planning Co~aission ta recommend provisiflns addressing housing faci3iti~s for homeless people and other affordable hausing issues in an interim ordinance The foZlowing provides a list af attachments ir~cluded as part of this report; Attachment I: Cost Estimates for New Initiatives Attachment II: Implementation Schedule Attachment III: Encampment Ordinance (with background analysis) Attachment IV: Identification of Passible Alternatives to Zoning ~rd~nance. ~./ ~ APR 7 1g91 -~- BACKGROUND In March 199~., the City Council created the Task Force on Home~essness to formulate recommendations on immediate and long term action for the City to better respond to the c~ntinuing and growing crisis of homelessness in Santa Monica. The Task Force was asked to develop a balanced appraach considerinq the need for assistance and services for homeless people, public safety for aZl people in Santa Monica, and advocacy to urge the County, State and Federal governments to salve this growing crisis. The Council-appointed Task Force represents diverse community perspectives on the issues of homelessness. The graup is comprised of residents; business, religious and social service - leaders; and community members knowledgeable abaut housa.ng, neighborhood issues, research, or issues related to hamelessness. The Task Force worked for over nine months to gather input from the co~-munity; learn about existing resaurces; assess needs; define common values; and ultimately create balanced and comprehensiva policy and pragram recommendations to present ta the City Council and communzty. It worked to integrate the diverse gerspectives and needs of the h4used and homeless in Santa 3~Ionica. In thia initial phase wh~ch lead to the completion af the Cal]. To Action report, the Task Force was asked to act as cammunity prablem solvers and advisors for th~ City. Given the complexity and breadth involved in the issue of homelessness, the Task Force organized their Report into the following areas: Public Health and Safety; Social Services; - 2 - Shelter and Hausing; Resources and Fundinq; and Advocacy and Partnerships, The policy and pragram recommendations in the Task Force report set forth a multi-year framework for the City, ~ncluding sixteen Task Force identified priorities. The Task Force presented its report to the Council in Decemh~r 1991. At that time, the Council held a pubiic hearing on the report and in a subsequent Council meeting, directed the staff to begin implementation and de~elop cost estimates for the report rec~mmQndations. The Council discussed, reviewed and approved, in concept, the Task Force Ca~l to Action report. Upon review of the specific priorities identified by the Task Force, the Council further _ directed the City staff to: (1) draft an ordinance prohibiting encampments; {2) move the FAIT~i Meals Program indaors and explore the regulatory process tv prohibit large ongoing autdoor distribution af food; {3) assess the needs af priority shelter/housing projects; (4) assess zoning changes needed to facilitate the development of a range of affordable housinq; {5} assess City revenues, in the mid-year review process, for funds to implement the Task Force recommendations; (6} work with the County of Los Ange3es on developing a stronger County role in dealing with homelessness in Santa Monica; and {7) e~lore possible litigatian against State/Federal Governments. - The Council requested that the City staff quickly begin these implementation steps and report back to the Council within three months. - 3 - DISCUSSION The following Discussian section will provide: af the cost estimates (capital and annual implementatian schedule for all Task Force re+ summ~riZed in Attachments I and II; and (2) a Task Farce and Counci3.-approved p~iorities recommendata.ons af the Task Force Report. Gost Estimates and Implementation Schedule (1) an overview operating) and ~ommendations, as status report on and other key Attachments I and II of this Rep~rt provide charts which summarize all recommendations from the Task Force report. Attachment I pravides cost estimates for thase recommendatians with a new cost impact. The chart also desxgnates, where applicable, capital and annual operating costs; any City suppart identified to date; and describes the range of possible saurces for funding af the recommendation. Attachment II: (1} assigns a beginn~.ng implementation year to each recommendation (a.mplementation may involve additional analysis to determine praject feasibility and funding on~y or may also include project startup); (2) identifies which City depart~aents, other agencies or entities of government may have significant responsibila.ty; and t3) indicates whether the recommendation has a new cast impact. - Status Report Since January 1992, staff from relevant City departments have reviewed and analyzed the recommendations in the Task Force - 4 - repart, assessed recommendation feasibility, develaped initial cost estimates, assigned a beg~nning implementation year ta each recammendation, and identified key acti~n steps for recommendations in the current fiscal year. The Task Farce report contains lI7 recommendations which are distributed in the key sectians as foilaws: Pub~ic Health and Safety (12); Social Services (35); Shelter and ~ausing {27); Resources and Funding {7); and Advocacy and Partnerships (36). Of the total recammQndatio~s. 97 can be accamplished without any addit~anal funds. 47 recommendations require the support of the County, State or Federal government through funding or policy changes. The proposed implementation schedule (Attachment II) identifies 39 recommendations to begin im~ediately, 49 in Year 1, and 29 in Years 2-4. For the purposes of this report, "immediately" refers to the current fiscal year, FY199~~92; Year 1 refers to FY1992-93; and Year 2 refers to FY~993-1996. The following provides a section by section status report on the Task Force-identified and Council-approved priorities (which are noted as such and in bold-face) as well as other key recommendations being addressed in the remainder of this fiscai year and next year. PUBLIC HEALTH AND SAFETY - o onqoinq full ~cale ea~orcement of hiqh prnfile arimesr ~ith evaluation o~ aay additianal resources aeeded to implement this reca~m~ndation (Priorityy Status: The Police Chief is confident that the Palice Department wi~l be able to provide full enforcement of high profile crimes and crime areas with the additional twenty afficers which are in the budget for FY1991-92. - 5 - F~ve of these twenty new officers have been hired and the Czty staff is currently in the process af identifying the resaurces necessary ta hire the remaining fifteen officers. The Palice Department has recently undergone a majar reorganization. Throuqh the creation of the 4ffice of Special Enforcement, the department has the ability ta provide mare targeted and effective patxolling and law enforcement. The Office of Special Enforce~ent includes the Metro and Narcotics Sections which have the capacity ta target drug dealing in the parks. The Crime Impact Unit, which includes the H.E.L.P. Team (Hameless Enforcement Liaison Progra~), can respond to citizen complaints, robberies and other illegal activities in City parks and other pubiic places. In addit~on, the City staff intends to move the park rangers, current~y operating out flf the Cultura~ and Recreati~n Services Department~ to the Police Department to further enhance the po~ice resources to meet this and other Task Force recommendations. Implem~ntatian Begins: Immediately (cantingent on full funding) Annual Cost: $1,51~,874 {currently appropriated) O Publicize a phone number t~ report aqqressive panhandlinq Status: The Police Department recommends uti~izing and publicizing the General Police Service Line (458-8491) for reporting aggressive panhandling rather than creating a new dedicated phone line. Thraugh the Neighborhood Watch Program, Business Watch meetings, Wa~ch Out, On Montana, Business Awareness Bulletin and other local neighborhood publications, the Po2ice Department will publicize infar~ation ab~ut the use of the General Palice Service Line. Furthermore, the Police Depax~tment will provide c~mmunity infarmation and educatian about the proper use of 911 versus the General Palice Service Line. In addition, through the use of the Police Degartment's new computer aided dispatch system, m~re information about the location of aggressive panhandling can be- collected and tracked. zn genera~, the Police Department is provi.ding enhanced public informatian and education for cammunity, civic, residential and business groups regarding personal safety and security, in part to address same of the community concerns related to homElessness. Implementation Beqins: Immediately - 5 - Annual Cost: In-kind o Develop a Civilian Assistance Team Status: Because there are a variety of outreach programs in Santa Monica (sacial service, mental heaYth, health, park rangers, Police Department H.E.L.P. team) and in order to determine the most effective way ta implement this recammendation, in Year 1 the City staff will work with existing outreach teams to ensure improved coordination. Subsequently, the staff will recommend the best way ta implement this reco~mendatian which is int~nded to improve autreach and access to services to those people with alcohol and drug problems. In addition, the City staff will work with appropriate Las Angeles County staff (from bath Supervisar Ed Edelman's Office and the Departm~nts of Menta~ Health and Health) to determine the feasibility for County ~~nding for such an alcahol and drug outreach program. The x~ange of annual cast is based budget information from a Civilian Assistance Team operated in the downtown area of Los Angeles. If start up of such a pragram is deemed feasible for Santa Monica, implementation would begin in Year 2. Implementation Beqins: Year 2 Annual Cost: $100,000 - 200,000 a P~an and impleiaent the Alternatives-to-Panhanrlling-Giv~r~q Pro~ ect Status: In order to reduce the incidence of panhandling in Santa Monica, the Chamber of Commerce, Bayside District Carporation (BDC}, Westside Sheiter and Hunqer Coalition, and City of Santa Monica are working togethar to create a pilot program in the downtvwn area ta encourage donations to local non-profits providing homeless assistance while discouraging giving to panhandlers. Ideas ~nder review include working with local theat~rs to pravide PSA's on their screens and to involve the local restaurant association in an "Alternative Giving" campaign. Implementation Beqins: Immediately Annual Cost: In-kind o Police Department statista.cs should distinquish between "address unknown" (current Police Department definition for "transient") and homeless - 7 - Status: The Po~ice Department will eva~uate how to implement this recommendation. Recent Department directives have instructed officers not to automatically list a homeless assistance agency for a person who does not provid~ an address. This directive will be reiterated and seeks to eliminate any IDlSU52 of the addresses af local social service agencies which may have resulted fram past practices of po3ice officers listing a socia~ service agency address for someone identified as homeless, when in fact the person may not be using the local services for assistance. The Police Department has conducted preiiminary research thraugh contacting the Folice Executive Research Forum, a professional research and training faundation headquartered in Washingtont D.C. and the ~eadinq proponent for police accreditation and research. The Police Executive Research Forum describes a"street person" as: "an individual wha spends the majarity of his/her time in public for non-job related reasons regardless of whether they have a regular and adequate nighttime residence. These individuals may have some type af da.sability, be it physical, medical, economic, or menta~. A'street person' includes the homeless." This definiti~on may provide a basis for the Santa Monica Police Department to form an appropriate local definition to-i.mplement this recommendation. Furthermore, the Police Department will establish guidelir~es and training for officers about distinguishinq between "address unknown" and homeless people. Implementation Baqins: Year 1 Annual Cost: Not applicab~e o Plan and imp~emen~ an Alternative Sentencinq Proqram Status: The City Attarney's Office has been warking on deyeloping p~ssi.ble optiQns for the creation of a City-operated Alternative Sentencing Program. During the deliberations of the Task Force, the City Attorney's Office prepared a detailed report for the Task Force on models for this program. An Alternative Sentencing Program would require at least ane staff persan to caordinate the project, develop appropriate community service placem~nts in Santa Manica, camplete the necessary paperwark to verify completa.on of community service for the ca~rthouse, and wark with reievant City departments and local agencies to ensure the - 8 - success of the program. Such a program could be further enhanced by hiring community service crew Ieaders to provide supervision for individuals assigned to community service work as an alternative to traditional court sentencing. Furthermore, the program could be expanded to include mandatory treatment (such as drug and alcohal programs), which would require additional coordination. At a minimum, City staff will assess the feasibility of assiqn~ng existing staff to this effort or link~ng an Alternative Sentencing Program to new employment programming in the cammunity. Implementation Beqins: Year 2(cantingent upon funding) Annual Cost: In-ki.nd or $ fi0,000 - 150,~d~ maximum o Ensure that all public restrooms are properly maintainedr secure and access~ble. Explore feasibi~ity af openinq public restrooms and showers at 6:00 a.m. Status: Currently~ the Cultural and Recreation Services Department maintains twenty-six restraom facilities throughout beaches and parks in Santa Monica. These faci~ities are opened each morning between 5:30 and 7:00 a.m, Two facilities (Memorial Park and the Pier) have rec~ently been renovated to include showers and in Year 1 will require additional operating support to provide seven days per week operation. Implementatian Beqins: Immediate].y Capital Cost: $243,831 (currently appropriated) A~nual Cost: $ 52,248 (partially appropriated~ o Provide some type of storage or Zockers to be used by hameless peopl~ 5tatus: Staff from relevant City departments and local service providErs will assass the feasibility of implementing this recommendation in future years. Due ta the operational difficulties of averseeing the use of starage lockers, further evaluation will be essential to ensure that ~~ckers will be well managed and maintained. Implementation Beqins: Year 1 Capital and Annual Cost: Further feasibility analysis required - 9 - o Draft an ordinance prohibitinq encampments (Priority) Status: At the January 2~. 1992 City Council meeting, the City Counci~ directed the City Manager to hire caunsel to draft an ardinance prohibiting encampments in Santa Monica parks and public places. The attorney, selected by the City Manager, met with the Task Force in February and has reviewed Council transcripts and reports on this issue. Attach~ment III provides an analysis and a praposed ordinance to implement this recammendation. Land Use and Transportatian Management Department staff reviewed the propQSed ordinance and determined that it is exempt from CEQA since it is not a project which has potential for resulting in a physical change in the enviranment. Implementation Begins: I~nmediately Annual Cost: Not applicable o Enhance visible recreation activities at all City parks particu~arly Palisades and Lincoln Pa~ks to create positive and invitinq park uses for the ent~re community Status: Overall participatian in the Recreation Division youth programs has increased at City parks as a result of the goals and objecti~es of the City's Ten Year Youth Actian Plan. Lincoln Park has recently been the site for se~eral public hearings for the park renovation plan beinq developed. These hearings brought several hundred peagle to the park. Another public gr~up has been formed to provide input into problems at Joslyn Park. The group held a family-type picnic which had aver 120 in attendance for the day's activities. The Recreation Division has developed a comprehensive p~an over the past year to make Lincoln and Palisadas Parks more attractive environment for ail members af the community. This has been accomplished through a variety of ineasures. A special emphasis has be~n given to increase youth and family garticipation. Youth afterschool attendance has increased at Lincoln Park by 25 percent. This has been accomplished by increased programming, fox~nal and grass roots outreach to local school PTA's and neighborhood parents, and increased visibility of park rangers during forma~ programs and playlat areas. Staff is encouraging salf-directed groups to utili2e Palisades Park as a resource. Currently a variety af these groups meet on a regular basis to participate in out~o~r activities. Contract services classes for adults and children have increased partiaipation in programs. - 10 - The annua~ Santa Mflnica Tennis Open Tournament was expanded last year to include recreational level as well as traditional advanced lavel events providing substantial increases in participation at Lincoln and other City tennis sites. Over the past year increased emphasis has b~en given to developing youth tennis programs at DQUglas and Ocean View Park sites. This s»mmer, through a grant from U.S.T.A.~ low cost and free tennis training will be provided at Memorial Park to introduce the sport to ~ow income, minority and at-risk yvuth and adults. Through increased marketing, traditional events including Concerts in the Park and Art Shows at Lincoln and Palisades Parks have experienced dramatic increas~s in attendance bri~ging ~any new faces from lacal and surrounding communities to the parks. Increased park ranger visibility gave a renewed sense of security to patrons and vendors. zmp~ementa~ion Begins: Immediate~y Annual Cost: 0 o Improve park infrastructurES alonq with impraved standards of maintenance of park facilitiss and land. Ensure that all parks have adequate and well maintained liqhts and fencinq of playground areas. Status: The Department of Cultural and Recreation Services is concerned with the infrastructure and maintenance of all City parks and medians. Each year funding is provided to renovate existing parks, repair fencing, improve facilities, and improve irrigation and lighting. A breakdown of current funding follows. Imp~ementatzon Beqins: Immediately Capital Cost (currently appropriated}: $1,929,220 for upgrades at Palisades Park including drainaqe, jogging path and irrigation; $ 85,000 far the design renovation at Lincoln Park; $ 550,000 for the interim development of the Deak/Cook site and #he design for the park portion af the Pica/Cloverf~eld site; $ 37,850 for fencing at parks as needed; $ 127,250 repair roofs at various restrooms in parks -- 31 - SOCIAL SERVICES o Mainta~n curreat Citp-funded programs (Prioritp} Status. This recominendation is co~s~stent with the City's Community Development ~CD) Plan's funding rationale over the past decade. The funding rationa~e has cansistently emphasized providing stable operating support to maintain a broad mix of essential human services, including ov~r one million dollars in funding far hameless assistance proqrams. However, the City's current difficult fiscal situation has required City staff ta alert all City funded non-profits to plan for a 5~ reduction in grant funding for FY199Z-93. It is very important that this 5~ reduction be applied equitably to a~l City human service grantees, so as tv not create a destructive and unnecessarily competitive environment between the service providers who serve children and youth, people with disabilities, seniors, minority populations, housed ~ow income peaple and hamele~s people. The final decisions abaut FY92-93 funding leve~s for human service grantees, including thase homele~s assistance grantees, will be made by the City Couneil during the budget review process an May and June. Implementation Begins: Year 1 An~ual Cost: $1,102,71b (currently apprap~iated) o Move indoors and decsntralise meal proqrams~ link ~ith sooial service~ (Priori~y) Status: While the Task Force recommend~ a variety of enhancements to current policies and programs to distribute food, they and the Cauncil prioxitized the maving of the FAITH Meals Pragram to indoor, decentralized sites. This is the model they recommend for all Meals pragrams in Santa Monica. City staff expects that plans to move the FAITH Meals Proqram will be completed by the end of April, and anticipates the program will be moved to decentralized, indoors sites with a reservation system by early May. FAITH, local service pra~iders, the Westside Ecumenical Conference, the We~tside She~ter and Hunger C~alition and City staff have collaborated to implement this recommendation. There are six maj4r components to the new FAITH Meals Program: (1) indoor relocation at multipl~ sites; (2) li~itations af 50 persons per seating; (3) access to the programs through a reservation syste~; (4) enhanced _ x2 _ linkages ta se~rvices through referrals and social ser~~ce staff assistance an site with the Meals program; (5) security; and (6) community participation and acceptance. The proposed newly configured Meals program is planned for three sites: the Salvation Army, Ocean Park C~mm~nlty Center [OPCC) and Step Up on Second. The Salvation Army will host two seatings per evening (5D persons per seating) with a reservation system linked ta four 1QCa1 service praviders. The OPCC Drop In Center will host two seatings ger evening (40 persons per seating) with a reservation system linked with the Drop In Center. Step Up on Second will spflnsor two seatings per evening (35-40 per seating) with a reservation system avai~able for Step Up meinbers only. Security plans are designed to meet the physical and programmatic characteristics of each sita. Staff and vo~unteers from the Veterans Administration Hameless O~treach Team, Santa Monica West Mental Health Clinic, the Las Angeles County ~epartment of Social Services and lacal non-profit service providers will visit FAITH Meals sites to p~ovide referrals and other social ser~ice assistance to hameless people receiving meals thraugh the FAITH pragram. City staff have been, and will cantinue to wark closely with the residents and businesses surrounding these sites. Small program size, the reservation system and good security will ensure the acceptance by the neighbors. Implementation Beqins: Immediately Annual Cost: $ 35,077 plus redeployment of existing park rangers o Create the requlatory process to prohibit larqe ongoinq outdoor distribution of fa~d Status: City staff will further explare how to implement this recom~mendation in the coming manths. Implementativn Beqins: Tmmediately Annual Cost: Not applicable o Coordinate all homeless outreach efforts, institute requ~ar meetinqs and traininq Status: City staff will assist with e~forts to caordinate existing outreach, medical, psychiatric, park ranqer and Police teams who work with homeless peaple. This coordinatian wi21 assist the various teams to collaborate, _ i~ _ share resources and information, avaid duplication of efforts, assess gaps in services, and provide needed public education when responding to community calls for assistance. Regular meetings and joint training will serve to strengthen the work af all teams and provide valuable information to assist City staff in determining the most useful role for a Civilian Assistance Team, also recamm~nded by the Task Force. Implementation Beqins: Year 1 Annual Cost: In-kind o Include AIDS education in alI homeless assistance proqrams Status: The City has recently begun funding the new Santa Monica based HIV/AIDS Education and Support Project through the Westside Ecumenical Conference. City staff wilZ work with staff fram the Santa Monica HIV/AIDS Project to develop opportunities for training, distribution af publications and educational materials, and other technical assistance for homeless assistance programs. Implementation Beqins: Year 1 Annual Cost: In-kind o Deve~op Santa Monica West Mental Healtb Ciinic into a model ciinic servinq the homeless mentally ill (Priority~ Status: City staff including the Police Department, lacal nan-pro~it service providers a~d advocates, and Los Angeles County Department af Mental Health staff have been meeting regularly with Supervisor Ed Edelman over the past several manths to identify problems and workable solutions to the continuing inadequacies of the County mental heaZth system. The focus of the recerit meetings with Supervisor Edelman has been on problem solving about 5anta Monica West Mental Health Clinic. City staff will continue to be inva~ved in this process. In addition, staff w~ll schedule individual m~etings with Supervisor Edelman's staff, the newly hired Directar of the Department of Mental Health and the Directar of Santa Monica West to review the recammendations of the Task Force and monitor progress towards mental health system imgrovements. On the statewide level, staff will work to encourage the City-supported Business Government Council to End Homelessness to increase their focus on advocacy, lobbying and public educatian about mental hea3th issu~s and will collaborate with lacal and statewide coalitions on the May - 14 - "Funding, Fairness and Future" ral~y related to mental health. Implem~ntati~n Beqins: Tmmediately Annual Cost: In-kind o Advocate for the County to develop,l0-20 acute psychiatric emerqency beds Status: ~his issue has been identified in the recent meetings convened by Supervisor Edelman ~n mental health issues. Local hospitals have been considering the possibility of providinq some type of acute psychiatric care far indigent peaple. Further efforts are being explored with the County to devei~p access to underutili~ed private hospital beds to help implement this recommendation. Based on the Las Angeles County Depart~nent of Mental Health reimbursement rates for acute psychiatric beds in a medical facility~ the average daily reim~ursement rate for one such hospital bed is $445. This trans~at~s into an annual rate of $162,425 far 3~5 days of care. Therefore, 1~-20 of these beds projected at 100~ occupancy rate would cost between $1.62 and $3.25 million annually. Clearly, this is not a project that the City wauld directly fund. Th~s recommendation must invalve the resaurces and support of the County of Los Angeles. Implementation Begins: Immediately Annua~ Cost: $1,524,250 - 3,248,500 (based on average County reimbursement rate) o Advocate for the County to d~velop 8-10 druq detaxification beds with medical back up Status: As is described above regarding hosgital psychiatric beds~ ~edically supervised detox beds are quite e~ensive. According to the County, medical model detox beds are estimated to cost an average of $250 per day. This translates into an annual rate of $92,9~Q far 365 days of care. Therefore, 8-10 0€ these medically supervised detox beds projected at ~00~ occupancy rate w4u1d cost between $759,200 and $949,000 annually. However, social model rehabilitation programs, which rely on the in~ervention and support fram recovering addicts and parapro€essionals rather than an emphasis on medical supervision, are estimated to cost an average of $50 per - 15 - day. This translates into an annual rate of $18,250 for 365 days of care. Therefore, 8-10 sacial rehabilitation m~del beds projected at 100~ occupancy will cost between $146,000 and $182,500 annually. This recommendation must involve the resources and support of the County of Los Angeles. Implementation Beqins: Annual Cost: $759,2D0 $1~46, flD0 0 8stablish ne~ emphaf existinq efforts and (priority} Year 1 - 59~~,9aa for medicalZy supervised beds - $182,50Q for s4cial madel beds ~is on employment by supportiaq creatinq a new employment center Status: City staff recammends a multi-year approach to implementing this recommendation. The City staff will research and pursu~, if feas5.ble, the use of Jab Training Partnership Act (JTPA) fuhds to support existing employment efforts. In Year 1, the staff will research models, identify agencies interested in participating, develap funding partnerships, seek apprapriate grants, and develop pragram goa15 and parameters for a new camprehensive employment program. Proqram start up would be targeted for Year 2. Both the planning, funding and averall commitment to this project will require City, County, private and community partnership. I~aplemantation Beqins: Immediately Annual Cost: $ 25,000 - 50~000 for enhancements to existing programs $25o,a00 - 2s5,ooo annually for new program $ 60,004 - 9d,000 for one-time start up costs ~ Enhanced efforts to hire homeless peaple into City workforce Status: The City's Cultural and Recreation Services (C,ARS) Department operates a small pilot praject-tv employ homeless people on beach and park maintenance crews. City staff will be working to in~prove and enhance this and other simi3.ar projects. Implementation Beqins: Immediately Annual Cost: $30,00~ currently appropriated - lb - a E~and availability of 5ectian 8 housing certificates and coordinate referrals of ho~eless people to affordable housing Status: Currently homeless or near homeless applicants receive Sectian 8 residency and Federal needs preferences. City staff estimates that 50 percent (or 90) of all new certificates assistance last year were for individuals also receiving services from hame~ess service praviders. A large percentage of thase getting certificates or having priority on the Section 8 waiting list are hameless. In January ~992, HUD awarded the City an additiona2 $I77,500 in Section 8 certificates which will provide permanent housing for 24 home~ess ar near-homeless cl~ents this year. An application for 79 additional certificates was recantly submitted ta HUD with an a~ard expected in May 1992. Section 8 represents a major resource in meeting the permanent housing needs of the community's homeless and the infusion of up to 100 new Section 8 subsidies this year is a significant response to the Task Force recommendation. Additional activities that ensure linkages between the Sectian 8 Program and home~ess service agencies inc~ude a recent proposal ta HUD to participate in the Family Self Sufficiency Program which req~ires participatinq famil~es be linked to social services. Also, the City has requested permission from HUD to open a.ts Section 8 wa~ting list solely ta Santa Monica residents and homeless per5ons, This would further ensure that homeless persons will receive priority in obtaining Section 8 ass~.stance. If approved and prior to apening the waiting Iist in April 1992, the outr~ach plan will include a significant amount of coordination with homeless agenci~s. Impl.ementation Beqins: Imiaediately Annual Cost• $ssa,ooo o I]evelop emerqency rental assistance program and security deposit quarantees Status: City staff is currently researching model programs for a limited s~curity deposit program. In Year 1, staff wil~ assess the feasibi~ity of a pilot project far p~ssible implementation in Year 2. G~ven dramatic cuts in the State's Home~ess Family Assistance Program, a large program does not se~m teasible at this time. City staff will continue ta re~earch models as well as alternatave funding approaches to address this problem. Implementatian Beqins: In~mediately - 17 - Annual Cost: $ 10,40U - 50,000 SHELTER AND HOUSING o A~sess ~oninq chanqes need~d to facilitate ~he development of a ranqe ot affardabla hot~sinq {Priarity) Status: As a result of the February 1992 City Council public hearing an the praposed emergency ordinance ta implement the zoning-related reconunendatians af the Santa Monica Task Force an Homelessness, staff has identified a number of alternatives for Council action which may be considered an this matter, Staff recam~~l~ds that the Cauncil give consideration to these alternatives, in addition to the recommer~dations made in the arigi.nal repart, as it develaps direction far the Planning Comraission. Please refer to Attachment IV for a list of issues and options on possible zoning changes. Implementation Beqins: Immediately Annuai Cost: Nat apgZicable o Aasess required resources and status of Upward Bound ~24 transitional family units)r Step IIp (36 SRO units~r OPCC (5~ transftional beds) (Priority) Status: Each project has been assi.gned to a project managerjanalyst in the Conimunity Developinent Department and discussions have been held with the three identified non-profit developers. In January 1992, a$154,000 predevelopment agreement was executed with OPCC pursuant ta prior Counc~l appraval. In March ~992, 5tep Up received a$954,000 loan commitment from the City's City-wide Housing Acquisition and Rehabilitatian Program (CHARP). The Upward Baund Project has been assigned to a Housing Division project manager and will be reviewed for possible funding in FY92-93. At the appropriate times for each project, an interdepartmenta]. "expedite" team will be canvened to assist the develapers ~n obtaining all necessary City permits and approvals, Implementation Beqins: Iminediately Capital Cost: $11,00~,OOQ a- Assess resources for 20-40 emerqency shelter beds ( Priorf ty) - 18 - Status: City staff is consid~ring implementing this recommendation through the use of the newly acquired praperty at 5th and Olympic. This site, currently a trailer park, was purchased using Los Angeles C~unty Transportation Commission funds to expand the bus yards. H~wever, it must be partially utilized for a temparaxy homeless project within 6 months of relocation of the last tenant, as required by the Rent Control Board. It is anticipated that this temporary use would begin in January 1993. Options include using seven to ten trailers for emergency shelter for famil~es flr constructing some type of temparary structure for a shelter. Any use of the 5th and Olympic site should minimize capital outlay axpenses, since use of this site will be temporary. Another a].ternative under review is to work with lacal coa~itians ta encourage the creation of a new West Los Angeles emergency shelter that zs currently under consideration. Furthermore. the County-wide expansian of the Emergency Cald Weather Shelter Pragram to 90 continuous days in the winter of z992-93 would significantly increase the resaurces for emexgency shelter an the Westside of Los Angeles, including Santa Manica. Implem~ntation Beqins: Y~ar 1 Capital Cast: $ 2~,000 - $150,000 Anr_ual Cast: $ 50,000 - $200,000 o Expand Westside Emergency Cald ~Peather 8helter Program to 90 continuous days ~Priority} Sta~us: City sta~f will work with the Westside 5helter a~d Hunger Goalition, The B~siness/Gavernment Council To End Homelessness, the City of Los Angeles and Los Angeles County, ta expand the Emerqency Cold Weather Shelter Program (ECWSP) foX 9~ continuous days in 1992-1993. This will require that Governor wi~son approve extended use of local armories and that the County Board af Supervisors identify funding to support this effort. A maximum of $60,a00 of City funds to help fund one month of she].ter for 200 people. This funding would be made avaiiable only if a County wide 90-day ECWSP grogram is ena~ted. This would ensure that the Westside ECWSP would be consistent with County standards and not be ove~rahe~med by program participants from across the County. Implementation Beqins: Year 1 Annual Cost: $ 60,000 ~aximum - 19 - o Address NIMBY by facilitating discussion~ mediation between neiqhbors and shelterjhous~ng developers Status: City staff recommends that a project "resource team" inc3uding staff ~f the Neighborhood Support Center, Dispute Reso~ution Services and City Community Devalopment and Land Use and Transpartation Management Departments be made available to shelter/hnusing developers and neighborhood residents. City staff will convene a meeting with this team to develop a range af strategies and options for facilitation with project neighbors. Implementation Begins: Immediate3y Annual Cost: In-kind o Reopen 6 transitional housinq units (St. Joseph's Next Step} Status: Discussions with St. Joseph Center suggest that a feasibility review should occur in Year ~ with the possibility of reopening the program in Year 2. City staff will work with St. Joseph's Center to identify possible sites, including any City sites currentiy ava~lable. Implementation Beqins: Year 1 Annual Cost: $ 64,400 for program op~ration o Support pro7ects that provide Sinqle Room occupancy ~sRO's~ Status: In addition ta the recent City funding commitment of $95~,0~0 to Step Up's 36-bed SRO project, $2,i65,000 nf City housing funds are currently cammitted to support a 44 unit SRO praject planned by Community Carporatian of Santa Mon~ca (CCSM). City staff has also met with CCSM ta review additional projects "in the pipeline" for consideration in Year 1. Two possible SRO sites have been identified, tntaling 93 units. CCSM is current~y assessing project f~asibility and possible funding sources, including Federal H~ME and Shelter P~us funds and State California Housing Rehabilitation Pragram (CHRP) funds. While the currently-funded project is not designed to target homeless persons specifically, the two projects in the "feasibility stage" would require direct homeless agency referrals and case management services. City staff will continue to work with CCSM on project feasibility. - 20 - Total $izo,ooo/unit {maximum city subsiaY $3a,ooo - $40,000/unit). Implementation Beqins: Imm~diately Annual Cost: To be determined based on specific prajects o Encauraqe congreqate housinq to be,built Status: In addition ta explaring ways to assist in the reopeninq of St. Joseph Center's cangregate housing project {Next Step), City staff will re-examine the feasibility of using a City-owned residential praperty originally purchased with Community Development Block Grant funds for use as a congregate project. In the past, interested groups felt that the size af the house and Federal funding constraints made a proaect infeasible. If it appears that using sales proceeds {estimated to be at least $240,040j could better serve to promote such a project elsewher~ in Santa Monica), staff recammends using those funds as possible ~eed money to promote a congregate housing praject. ~mplementation Begins: xmmediately Capital Cost: $10,0U0 - $~50,QOfl Annual Cost: $30,000 - $ 6~,000 o Create incentives far builders to set aside a percentaqe of units for homeless people cominq out o€ proqrams Status: In addition to regulatary agreements setting specific parameters for marketing and accupancy of City-funded affordable hausing projects, developers may consider participatian in the Section 8 Program. Since the Section 8 priority waiting list is largely hv~eless households, allowing Section 8 certificates to be used results in homeless persons being given a de facto priority for these units. City staff will assess the appropriateness and possible implementation of this approach with nan-profit and privat~ developers. Imp~amentation Beqins: Year ~ Annual Cost: Would utilize existing Section 8 resaurces o Ensure that mixed use prajects actual~y have hotising units when co~p~eted - 21 - Status: The City has an ongoing manitoring program which requires that each developer, whether residential ar commercial, provides either in lieu fees or housing sufficient ta fulfill the requirements of the City's inclusio~ary and office mitigation ordinances. These units or fees must be available at the time of the issuance of the Certificat~ of Occupancy. Informatian regardinq the tenants is obtained on a year~y basis and reviewed by City Housing staff. The additional ansite inclusianary from the implementation of significantly increase the responsibility. C~ty staff is increased need for oversight and implementation and monitoring proc months. units which will result Proposition R wiZl City's monitoring currently studying the ~ntends to have a full ~ram in place within s ix Implementation Beqins: Year 1 Annual Cast: Not applicable 0 Pursu~ City parkinq lots and City-owned land as suitable sites for use of air riqhts to build affordable housinq Status: Current].y a 77-unit senior hausing project is nearing completion on Third Street, which utilizes air ri~hts over a City-owned parking lot. Yn addition, a 44-bed SRO project is p~anned for another downtown parking iot. City housing staff, as well as non-profit developers, have seen City-awnecl property as a significant tool in d~veloping cost-efFective projects. However, a recent review of remaining City-owned parking lots indicates they will not be a significant resource for future projects given the limited number af surface lots remaining. Staff continues to review and assess a nl~mh~r of other City-owned parcels. Implementation Beqins: Immediately Annual Cast: Not app~icable 0 Write Praposition R imp~ementation ordinance- to allow payment of in-].ieu fees or construction of off-site housinq Status: The implementatian pragram adopted by the City Council in March 1992, represents a significant change in the C3ty's anclusionary housing program. It does not provide far aff-site development of the required housing by the developer and significantly increases the requirement for on-site inclusionary housing. Therefore, - 22 - there W111 be a decrease ~n the amount of in-lieu fees collected. However, it also permits, for the first time, on-site low-income ownership units which could increase the viability of affordabl~ an-site housing. Any in-3ieu fees resulting fram Proposition R may b~ used far a full range of affordahle housinq including SRO's. Implementation Beqins: Immediately Annual Cast: Not applicable RESOURCES AND FUNDING o Assess city revenues, in tbe mid-year review proce~s, €ar funds to implement the Tasrk Farce reaa~!~!~ndations and far potential use af iacreased parking fee~ (Priority) Status: In the City's Mid-Year Budget Review which was approved by the Council on March 3, 1992, the Council approved the al~ocation of $500,~00 £rom the City's capi.tal project reserve for neces~axy one-time capita~ costs. In addition, approximately $3oo,D00 of FY1991-92 funds oriqinally budgeted but not encumbered for homeless programming has been reserved for ongoing or ane-time costs. Therefore, $800,000 is immediately available for one-time casts this fiscal year, with approximately $300,000 for ongoing costs available in subsequent y~ars. City staff is also pursuing the possibility af any additional parking citatian revenues. Du~ ta Caunty negotiations and the current fiscal canstraints af the City, this revenue saurce should not be cansidered a resource in the shart term far implementatian of tlae Task Farce recammendatiar~s, Implementation Beqins: ImmEdiately Revenues: $500,000 One-time/Capital $300,000 Annually o Maxia~i2e funds available fram California Housinq Finance Agency and other so-.arces for the development of housinq units Status: Al1 City-supported hausing grojects utilize a full range of Federal, State and l~cal resources. Currently City funding comprises appraximately 30 percent of any qiven project's funding with 30 percent from the State Rental Housing Construction Program (RHCP) or the California Housing Rehabilitatian Program (CHRP}, 30 percent from Federal Low-~ncame Housing Tax Credits, and - 23 - same private debt. New sources of funding in Year 1 will include a new Federal HOME Program entitlement a~d funds made avaiiable through the TORCA Program if the June ballot initiative is appraved by Santa Manica voters. Implementation Beqins; ~mmediately Revenues: HOME - $1,a91,000; CDBG - $322,40Q; CHARP - $525,ap0; Citywide Housing Trust Fund - $1,20d,000; TORCA - 5500,000 a Use Proposition R reso~rces to create shelter/housing 5tatus: Proposition R in-lieu fee revenues are prajected to be approximately $650,DU0 annually. These funds wi11 be used as a part of the City-wide Housing Trust Fund and may be used for SRO's as well as other affordable housing projects. Implementation Beqins: Year 1 Revenues: $650,000 Annually o Pursue qrants and other souroes of ~on-Cit~ fundinq ta support Task Fvrce rec~~m~ndations {priority) Status: City staf~ have recent~y evaluated the feasibility of apglication for HUD funding through the Shelter P~us Care Program. {For more information, p3ease refer to a City Council Information Item dated March 24, 1992.) In the coming manths, staff will review opportunitiss for Federal, state and private funding for recommendations preser~ted in the Task Force Report. Implementation Beqins: ~mmediately Revenues: Deper~dent on individual ~~nding source and proj ect ADVOCACY AND PARTNER~HIPS o Explore posaible litiqatfon aqainst State/Federal - Governmenta (Priority) Status: The preliminary assessment of the City Attorney is that, due to procedural barriers, there is no legal standing to bring litigation against the State or Federal gavernment for abdication of responsibility for homelessness. The City Attorney's Offa.ce will provide an initial evaluation of this recammendation in FY1992-93. - 24 - Implementation Beqins: Year 1 Annual Cost: In-kind o Coordinate praqrams and City departments to implement a consistent homeless policy with appropriate accountability for City-funded proqrams Status: This staff report was developed with substantial interdepartmantal callaboratian and partnership. City staff will cantinue this interdepartmenta~ coordination as the implementation phase of the Task Force repart continues in the coming years. Implementation Beqins: Year 1 Annual Cast: In-kind o Explore the feasibility af SCAG develapinq a formula for local standards for aff~rdable housinq shelter and related services Status: Currently, SCAG is in the pracess of revising the Regional Housing Needs Assessment which identifies the number of housinq units, including law and moderate income un~.ts, for each jurisdiction in the region. Each jurisdiction must deve~op a Housing Element which contains policies and strategies on how to reach the stated housing goals and must repart on progress every five years. City staff will assess the feasibility of working with local jurisdictions and SCAG to also include targets for emergency shelter, transitional housing and SRO's. If feasible, this would have ta accur in the first part of Year 1. Implementation Begins: Year 1 Revenues: Not applicable o Actively promote public education~ infarmation and community involvement efforts recommended in the Task Force report Status: There has been considerable interest locally and nationally about the Task Force repart and community pra~lem solving pracess. One such example comes from an idea for a collaborative project to share the Task Force report and process with ather citie~. The End Hunger Network, a media coalition to raise awareness abo~t homelessness~ and the U.5. Conference of Mayors is warking - 25 - to write up the process and key autcomes of th~ Task Force and distribute such a summary to local gavernments across the cauntry. The hope is that Santa Monica's Task Force may serve as a model in community prablem solving and planning far cities across the country. Lacally, Task Force members have presented the rep~rt at severai civic, radia, television, social service and business gatherings. During the implementation phase, the Task Force will be evaluating haw to continu~ and expand these presentations so that mo~e people in the community hear about their efforts. In addition to these and other community education activities, the specific Task Force recommendation which wauld require additional funding is the creation of a Speaker's Bureau. This could be implemented through an exi~ting organization to pravide coordination and direction. If this is deemed feasible and funds are available, this wauld begin in Year 2. Implementation Beqins: Immediately Annual Cost: In-kind and $ 36,000 {Full-time Speaker's Bureau} BUDGETARY IMPACT The proposed implementation steps wi~.~ require funding fram a variety of governmental and private saurces. The City's funding contributian involves using a range af its own sources including housing and grant funds, as well as the General Fund. xn the Mid-Year Budget Review, approved by the City Counci~. on March 3, $500,000 in General Fund was identified as available to assist homeless capital projects and $300,000 is currently appropriated in account #01-200-262-75090-6112-15649 for homeless programs. The specific use of this $800,Od0 in City General Fund is dependent upon final cost analysis for priority projects and additional input fram the Task Force on Homelessness. These - 26 - decisions will be made in the next several months and come back to the City Council far approval as apprapr~ate. RECOMMENDATIONS City staff reeommends that the City Council: (~) apprave the proposed implementatian schedule and steps outlined in this staff report; (2} introduce, for first reading, the propased ardinance prohibiting encampments~ as outlined in Attachment III; and (3y direct the Planning Commission to recoat~end provisions addressing housing facilities fox homeless people and other affordable housing issues in an interim ardinance. Prepared By; Jahn Jalili, City Manager Pau~ Berlant~ Director, LUT1K James Butts, Chief of Police _ Barbara Moran, Director, CARS Barbara Stinchfield, Acting Director, CDD Julie Rusk, Acting CN5 Manager, CDD _ D. Kenyan Webster, P/Z Manager~ LUTM Wendy Bines, Home].ess Coordinator, CDD Attachtnents Attachment I - Cost Estimates for New Initiatives Attachment II - Implementatior€ Schedule Attachment III - Encampment Ordinance Attachment IV - Identificat~on of PossibJ.e AZternatives to Zoning ordinance - 27 - The Santa Mon~ca Task Force on Homelessnes : A Call to Action Cost Estimates for New Initiatives ATTACHMENT I Page 1 City Support Petential Other 1'otal Estu*+A~p~ r~~* Identified ta ~ate•* City Potential Start-up Annual 1992-93 Fundiny FundinQ Recomrnendatior~ - Year• Capital Operating 1991-9? (Year 1) Sources""• Sources•'• - ~±~E~~i~nH~:'~~~~~~~,~~~~~ i ~ 5100,D00 #o ~ ---- i Develop Ci~dian Assistance Team 2-4 0 ~ S2p0,000 0 ~ 0 GF Coun#y Plan and rmplement the Alternatsve 1 0 ~ S6Q,000 to 0 + 0 GF Court Sentencing Program. ~ 150,OD0 ~ Funding ~Q~~Af ~~.4~~'~~~~ ' ~ Link meals programs to ser~~ces. Immed 0 ; ~35,077 57,500 ; ~35,077 GF --- decentral~ze, move indoors {~rioritvl ; ; ; ~ ; , ; Federal, Designate meals distrik~ution coordinator 1 0 ; S25,Q00 0 ; 0 GF State to coord+nate all C~ty food efforts i i , Private ' ~ Grants ~ ; , ; Federal, ~nsure that meals are available 7 days 2-4 0 ; $5,04Q 0 ; 0 GF State per week ' ~ ' , Private ; ~ ! Grants Expand the capability of existing day ~ ~ ~ - Federal services to remain apen 7 days per 2-4 0 ; S38,OQ0 to 0 ; 0 GF , State week ~ 325,000 ~ , rr~vate ; ! Grants ` Please note that "Immed." = Immediate implem~ntataan which refers to the current fiscal year, FY1991-J2, Year 1 refers to FYi 992-93; and Years 2-4 refer #o FY1993-1996. ** For FY1991-92 and FY1992-93, City General Funds of 5800,000 far one-time capital costs and 5300,000 for annual operating costs have been identif~ed to support the Task Forca recommendatEOns Other revenua sources rnclude approximately $200,000 from CDBG property sale, HUD, TORCA and CHAfiP funds CDBG - Federal Communixy Deve~opment Black Grants CHARP - Citywide Housing Acquis~tion Rehabd~tation Program ESP - State Emergency Shelter Program F/R - Fundraising F~SG - Federal EmerQency Shelter Grants GF - C~ty Ganeral Fund ~~~.~~~t HUD - Federal Department of Housing and Urban Development Prop A - Transportatian filiCP - Rental Hausing Construction Pragram SAFAH - Supplemental Ass~stance for FaciEities to Assist the Homeless TORCA - Tenant Ownership Rights Charter Amendment The Santa Monica Task Force on Homelessness: A Call to Action Cost Estimates for New Initiati~es ATTACHM~NT I Page 2 City Support Patential Other TOtel Fctimat~rl f:nct identitied t ~ ~arP"" City Patentiai St~rt-up Annual 1992-93 Fundmq Funding Recammendation Ye~r• Capital Operating 1991-92 (Year 1 ~ Sources"• Saurces""" ~ ~ ~ Federal, Develop aftercare services for persons 2-4 Q ; $110,~0~ 0 ; 0 GF State, after permanent housin~ is established. i ; Private ~ ~ ~ ~ Grants Advocate for County and 1oca1 hosp~ta~s ; S 1,624,250 t fVot ta develop resources to pravide 10-20 1 a ; to 3,248,5Q0 0 ; 0 Applicabfe County acute psych. beds i i Advocate fa~ L.A. County to work with ~ ~ local hospitals ta provide 8-10 drug 1 0 ; ~131,400 to 0 ; 0 Not County detox beds in the Santa Mornca area ; 854,04Q i Applicable with medical back-up. i i Case manager/client ad~ocates ta assist ~ ~ SAFAH, homeless persons, ensunng coordina#ed 2-4 Q ; SBQ,D00 to 0 ; Q GF Other services i 200,000 i Grants i i ~OUnty. Emphasis on employment, develop new lmmed 560,000 ; 5250,fl00 to 0 ; 0 GF State, employment center (Prionty~ 90,000 ; 285,000 ; Pr~vate ~ ~ Grant$ r please note that "Immed "= Immediate impiem~ntataon which refers to the current fiscal year, FY1991-92; Year 1 refers to FY1992-93; and Years 2-4 refer to FY1993-1996 ;* For FY1991-92 and FY1992-93, City General Funds of S$00,040 for one-time capital costs and 5300,000 for annual operating costs have been identified ta support Che Task Foroe recammendat+o~s. Other revenue sourees mciude approwmately S2p0,000 from CDBG property sale, FiUD, TORCA and CHARP funds. CDSG - Federal Community Development Block Grants CHARP - C~tywide Hous~ng AcGuisit+on fiehabi4itattio~ Progsam ESP - State Emergency Shelter Program FIR - Fundraising FESG - Federal Emergency Shelter Grants GF - City General Fund ~~ ~ ~~.~~~ HUQ - Federal Department of Housmg and Urban Development Prop A - Trans~ortation RHCP - Rental Mausing Construction Program SAFAH - Supplemental Assistance for Facil~ties ta Assist the hiameless TORCA - Tenant Ownersh~p Rights Charter Amendment The Santa Monica Task Force on Hom I ness: A Call to Action Cost Estimates for New Initiati~es ATTACHMENT I Page 3 City Support Potential Other Total Estimatcd Cost Identif~ed ~n []arp^ • City Patentiaf St~rt-up Annual 1992-93 Fund~ng Funding _ Recommendation Year" Capital Operating -- 1991-92 1Yet~r 1~ SOU~GES~ ~~ Saurces"' ~ ; ~ ; Caunty, Support all current employment and 1 p ; 525,000 to 0 ; 0 GF State, training efforts w~th~n ex~st~ng agencies, i 50,OQ0 ; P~ivate _ _. .--- ~ ! ~ ! Grants Expand the ava~labdity of Sect~on 8 immed 0 ~ ~660,000 ~ 5177,500 ~ $177,500 Hl1D --- housing certrficates. _..._ . ~ . , . Develop emergency rental assis#ance ~ ; 510 000 to ~ program and security depos+t 1 , Q ~ 50,000 0 ~ 0 HUD State Grants guarantees. , , _ _. _ . _ ~ , ~~~~~~~ R~~ ~~~~~~~ ; ; Generat ESP RHCP i i Fund, , , Federal Pnonty support for: 24 bed transitional, Immed S 11,100,QQ0 ~ $500,000 S 1,104,~00 ~ 0 CNARP, FESG Tax 36 bed SRO, 55 transi#iona! beds ; ; TORCA , Credits, RPriorttyl i i Agency FIR Support for 20-40 emergency shelter $20,000 to ; $50,000 #n ; General ESP Federal bed haus~ng pro~ects. ~Priority) 1 15Q,000 ~ 20Q,000 0 ~ 0 Fund , FESG, _ --- - - ; ; Funds Expand cold weather program to 90 ; , ; General --... L A. County contmuous days ~ 0 ; 560,000 Q ' ~ 560,000 Fund, Prop ~ ~ ~ A " Piease note that "Immed." = Imrt~ediate implementatian which refers to t#~e current fiscal year, FY1991-82. Year 1 refers to FY1992-93; and Years 2-4 refer to FY1993-~ 996 '` For FY1991-92 and FY1992-93, City General Funds of 5800,000 for one-time capital costs and $300,Op0 for annual operat~ng costs have been uientified to support the 7ask Force recorr~mendations. Other revenue sources include approximately $204,D00 from CDBG p~operty sale, HUD~ TORCA and CHARP funds CDBG - Federal Community Development Block Gra~ts CHARP - Citywide Hausing Acquisition ~lehabditation ProBram ESP - State Emergency Shelter Program F/R - Fu~draising FE$G - Federal Emerg~ncy Shelter Grants GF - Ctty General Fund ~f~.:~ ~~ ~ }. >• 5~~~~ HUD - Federal Qepartment qf Housing and Urban ~evelopment Prop A - Transpartation RHCP - Rental Housing Canstruction Program SAFAH - Supplemental Assistance for Facilities to Assist the Homeless TpRCA - Tenant Ownership Rights Charter Amendment ..~.......~~.-,. ' ` V ~ .~ conat~nt f~ar o~ arreet, ~arced ~o cona~ently ba 'o~ ~he mova,~ •v~n •t n~qht, not able to 21ve in qraupg which provid• aalf-prc~action and unable to atay in cne place triey call 'hame.'"2 These pointa h~Ye rnerit. ~bviaua~y the glt~ht of th• homeles~ woui~ be ~ssed a bit i! thay ~ere permitted ~o c~mp in publi~ p~rka. ~ut ~h~ City pr~s~ntad corngeiling ~vi~enCB. in tl~e form of a~claretiar~a by two pciice c~ptain~ ~nd a cfty gardener, that prior carnpinq in the parka, both ~uthori~eQ end unauthoritad, had ciu~ed e~en qre~ter harrn to ths City bp resuitir~q in ~he pro~ound dsteriorstion of th~ parka, p~rticuYerly Civic Center P~~z~ an~ Goiden Gate Park. Palic• CeptaSr~ Denni~ l~er~e~ describsQ Rome at the •tfect~ of th• tompariry C~mpiaq po~icy an Civic c~nter Pieza: "Tb~re r~~s always e iarqe eccumui~tion o~ qarbap• at Civic C~nter durinq th• ancarnpraent. sscnuse af thr dar~qrr~ poaed by tbosv encampe~ at ths Civic Ce~~er. xs wer~ called upcn ta secort City Q~rdonors t[~ro~qh Civia Csnter mhiie th~y perforM~~ ---- ~„ - -- ~. Th• Cfty ciaima there ha: be~n eo shor+inp a! harm to the thr~• plafntilia whD sxe pro~~cutin~ thi* app~~l -- BFC~H, Nomele6R Tn~k Force ~nd Mich~el Cullinan ~- bacau$a Culiinan obtain~d housiAq bs~ars ~h• motfo~ ~or a prei#.rnir~sry injuncttoa w~s liled, and th~ r~cord does noE iC~qt3~~EYp dC~fnC th• ind#vidusl mombfrship of th• tWO otQaniss~ior~al ep~~llsnts. Ko~~var, e a~claratiar~ by 6lCGii'a statt coordfnator ~rt~t~~ that 6i~GOH's membership alwsys iaclude~ 'curr~t~t" ss w~ii s~r fasm~=ly hom•1•:s irtafvi~uels. sirni~a~~Y, ~h~ compisin~ des~rib~a Homries~ Task ~arc~ as inciudinq "eurrsntly homr111s1~" p~rao~s es ~s17, Aa thos~ who hav~ ~~nanaqe~ _ to lind ~raergency dr psrmenent hou~ieq." Thus, ~hr t~+o orqanizational ~pgellsnt~ adequdt~ly d~cno~atrat~d that the~r WB~s ~~akinq infunctiv~ rellwf which wot~ld fnure to the bsn~fit o! at iesst sv~ of their moa~ibers, ~hoae whn wrre eurrer~tiy bornelea^ ~nd had aot obtain~d houeing. 4Bes qen•ra11y ~OtltitY of 6an Luis bbi~ne v, 1wbelns~e Allia~ {1986) 17~ Cs1.App.3d 8~~, eb3-a64,f ~ p~~i'ACHNIENT Lt Page ~ ~e~~prnma~da~io~-s' ' `~ ~~H~idt~~ vl~~~'~~~'~ ~~'~~ rofde crimes lPa9~ Full scale enforcement hRgh p ~ 1 } - Priosi#y roh~b~t~ng encampments Deve{op new ardtnance P pKiarity in publ4c places. lpa9e 15) - hone nurnber to repost agSress+ue Pubhc~ze Q ~ ~ 16? .,~~nh~ndl~1'IA. ~P 9 ~ a ~ d~~ . v, __ tmp~ernentation Schedute ~lew ~C Irn Annu~1 5tart-up pepartr~tent~ ~ ~ C~P~~$I C~p~rating Ye~ar' " QrBaniz~tibn _ ~ Immed. 5MF'~ tmmed. City Managar Immed aMPD cao, SMPD, County CDD, Chamber. WSHC, BDC SMPD e 161 2-4 Davelop Civ+lia~ Ass+stance ~~am. iPa9 lmmed Plan and ir~'fplement Ai#ernatiue$•ta-Panhandlmg- G~v~ng Pro~ect. lpa9e 181 ~ p~v~yQp definition fnr adciress unknown and homeless. iP~9Q 1 ~l ~ ti ~ ~ ! ~ ~ ~ ~ ~ ~ ~ ~ ~ 4 Pslot praiect u~-~erwav ~~+ downtown area. a11 o A ~ ~~~°rti. 4 refer ftiscal Year, ~Y1 J9'l-92; Year 1 refers ta FK1'~92-93~ a~d Years 2~ ers mdicated aba~-e ~efer to Sha 5antacMa~~~ ~ sk F rce n H~mel ness' • P4ease n~ote that the Pa~g +~uma ~~m~~tatson whsch ~efess to the oss+ble funding sources ~ Immed~ate timp •~' Nate that "Immed•" to FY~ ~9~"~ ~96 ~ew cost is~paet Please refer to Attachment 1 for 2ctu2~1 cost est~mates an hoai p,str~ct ~ - penotes Eecommes~datian w~th ~~~~~~~~ SMMUSD - 5anta Mornaa-Mahk~u~UparT~ent gpC - B~,YS'~e Distr~ct Corporation g~~ - Bus~ness Gav~emment ta E~d Homelessness CA~5 - Cultural and Recrea~e~t ~~partm~nt CqD - Carr~nuntity Develap Chamber - Criar'r~ber ot Commerce CountY -~-os Angeles Caus~ty Board of 5upervssors DMH - ~epartment of Mental Heaith p~5 - ~~SPut~ y~~yo~uUon 5ervices EDD - EmplaYment DeveloPment Departme~t ~,c~ _ Ger-eral Services paP~~t~'ent HC - Huus~n9 Commassi~n ~~y-~~ _~and Use and 7ra o(P ~enter Mana~ement NSC - Nei9hbdrhood Supp SCAG - Sautfi~em CR Assoc~at~an oi Go~~rnments SSC - Soc a1 5erv+ces Comm ss on4~tat,on ~Amment~ .~ 12 ~~,c;l directs City Manager to hire cflunsel fos prepa~ting ordinance. Puh{rcize poltiCe aeneral serv-ces line t4r~g-$491l. outreaich beams, then Ire sse sf eed fng $ SMPp - 5anta Mon~ca Pol~ce TFM - Task Fofce or~ Hars~e4essness VA - veteran's Admmistretiorr W~C - Wests~de Ecumenical Cantefence WF~ - Westside Food Sank ~$y~C - Wests~de St~e~ter and Hunger Coat~UOn The Santa Monica Task Force ~n Homelessnes~: A Call to Action Implementation Schedu{e ATTACHMENT II Page 2 I~~w Cast tmoact ~ Star#-up ~lep,art~Qnts/ AnnuaC ~e~C~mt~lendations * Y~~~• ~ _ Qrganizat+an'" *` Capital dperd#ing CommQr~ts _ ....... ... .. ... . . City Attorney, i ~ Plan and implement the Alternativs Sentencing 1 SMPD4 Caunty, ; $ Program. (page 20} Municipal Caurt, i CdD i Explore feasibility of public restrooms openmg by ; Possible need f~, a.:ditional resources, 6:Q0 a.m. and evaluate the need for additional 1 CARS, GS, CDD ~ pendmg assessment ~n year 2 publac resirooms. {page 16! , ~ Provide some type of storage lockers to be used 1 CARS, CDD, ~ fVeeds further analysis. by people who are homeless, (page 161 Agencies ~ ~ ~nhance ~isible recreation activities at all City 1 CARS i parlcs. [page 16} ; ~ Improve park Enfrastructure - Ensure maintenance ~ ---. The Empro~ements to par~ of park lighting and fencing a..,....u playgrounds. 1 CARS ; infrastructures are a direct benefit to the (page 161 i entire community. Implement ~ubl~c educat~onlcommun~ty CDD, Chamber, ; ~nhanced public safety education by mvolvement irntiati~e {~age 1$1 Immed WSHC, BGC, ~ SMPD underway. SMPD ~ * Please note that the page numbers indicated above refer to he Santa Mohica Task Force on Homelessn ~ A all to Action Report. •• Note that "tmmed "= Immediate implementation which refers to the current f~scal year, FY7 991-92, Year 1 refers to FY1992-93; and Years 2-4 refer to FY1993-1996 S- Denotes reeommendatian with new cost impact. Please refer to Attachment I for actual cost estimates and poss~ble funding sources BDC - 8ays~de Drs#r~ct Corparat~on BGC - Business Go~ernment ta End Homelessness CARS - Cultural and Recreation 5ervices CDD - Community Development Qepartment Chamber - Chamber of Commerce County - Los Angeles County Board of Supervisars pMH - Department of Mental Health DRS - Dispute Ftesolutian 5ervices n~~u ~"~~`~~~sn;~d EDD - Employment Developmer~t Departrrrent GS - Genaral Serv~ces Departmenf F1C - Housmg Commissron L.UTM - Land Use and Transportat~~n Management NSC - Neighborhood Support Center SCAG - Southern CA Association of Governments SDR - State Department of liehabtlitation SSC - Soc+af Serv~ces Comrrsissivn SMMUSD - Santa Monica-Mahbu Unrfied 5chool Distrrct SMPD - Santa Monrca Police Department TFH - 7ask Foroe on Homelessness VA - Veteran's Admirnstrat+on WEC - Wests~de Ecumenical Conference WFB - Westside Food Bank WSHC - Wests~de 5helter and Hunger Coalikian The Santa Monica Task Force an Hamelessness: A Call to Action Implementat+on Schedule S[~iri-up Departrlieilis/ Rprumrnendatrons' Ypar• • Ur~anizaUOn" ` ~~~~1~r~.~,'.~,~.~I~~.~~~5 Maintain current Crty-funded pragrams {page 51 - ~mmed CDD, Finance Priority Link meafs programs to services, decentralize, CDD, CARS, move mdoors. (pages 26 and 27) - Pr~ority Immed, WSHC, C~ty Attorney, WEC Develop the regulatory procedures prohibit~ng the CDD, CARS, City operation of outdoor meal programs. (page 27} - Immed Attorney Priority Designate meals distribution coardmator #0 1 CDD. WSHC, coordinate all City food effarts. ipage 27! WEC Ensure that meaEs are available 7 days per week 2-4 CDD, WSliC, ~pa9e 27} WEC Develop meals programs ~nformation card, (page 1 CDD, WSHC, 271 WFB, SSC Support local #ood bank programs, Ipage 271 1 C~D Nnw f ncr ~rpn+~Ct Anrsual Capital Oppraung ~ ~ ~ ~ ~ ~ ~ ~ i ~ ~ , i ~ ~ ATTACHM~NT 11 Page 3 Comments Agenc~es may experience 596 reduction in grants in FY92-93. Target date to move F.A.I.T.H meals program to indoor, small, decentrafized sites is 5/1/92. LFnk wath recammendation to designate meals distribution coordinator * Please note that the page numbers ~ndicated above refer to The San#a Manica Task F r n Homelessness: A Call o Actian Repart ** Note that "Immed." = Immediate implementation which refers to the current fiscal year, FY1991-92; Year 1 refers to FY1992-93, and Years 2-4 refer to FY 1993-199fi, $- Denotes recommendation with new cost impact. Please refer to Attachmeni I for actual cost estimates and possible funding sources. 8DC - Bayside ^istnct Corporat~on BGG - Busmess Governmeni to End Homelessness CARS - Cultural and Recreation Services CDD - Commun~ty development Department Chamber - Chamber of Commerce County - Los Angeles County Board a( Superv~sors DMH - department of Mental Health DR5 - Dispute Resolution Serv~ces <'~~•~~~~i~d EDD - Ernplayment Development Department GS - General Ser~~ces Department HC - Ffousing Commission LUTM - Land Use and Transportatian Management NSC - Neighborhood 5upport Center SCAG - Sauthern CA Association of Gavernments SDq - State pepartment of Rehab~l~tat~an SSC - Socia! Serv~ces Comm~ssion 5 ~ S SMM!!SD - Sa~ta Mon~ca-Mal~bU Un~fied School Drstr~ct SMPD - Santa Mon~ca Police Department TFM - ~ask Force on Hamelessness VA - Veteran's Admmistratian WEC - Westside ~cumerncak Conierance WF8 - Westside Food Bank WSHC - Westside Shelter and Munger Cvaiatidn ATTAGH1Yti~~v ~ " Page 4 ~~~om~mer~da_ t~ ~~°,,,~- ~bi4;~y of existing daY Sexvices to Exparid the cap g~r week. ip~9~ ~91 remais~ oPsn 7 aay P Ensure linkage df daY ser~~ces and she~teis. tP~gg 2~1 ~es~9~ G~ty.~~pported pro9rams that ir~valve individuals in plans~{n9 rehabilitat+on oPtior+s. 4P~~B 2~1 ular Caosdin~te a1i outt~ach efforis, ~nstitute re9 me~tingsltraining. tpa9es 9 and 291 af~ercare services for persans after Develop -s stak~iis~ed. ~Pa9g 291 permanent fi+ousing ~ lnclude Ai1]S educat3on ~r~ atl pro9rar~s (p~0~ 291 ort coilabaratsve effnrts aman9 volunteers Supp encies, 1~a9~ I wark~ng with homeless serv~ce ag I 2:31 .. 5- iCa 1 asR ~ .....-. - Implementatian Schedule N~w C ~t li~a ~~ t Ar-~~~s:~1 ~tast-uP U~U•artmentsi rat~+~g Capital qP~ V~~rw,- QC~anizatian~'*` ti Z.e~ CD~, [:UU~~Y 2-q, CDD 2-~ C[7Q CDD, CARS, ~ SMPD, CountY 2-4 C~D ~ Cad 2-~ CDD, WSHC. w~g, WEC (;omments Add~ a$ pan of new R!equest for Propo~a~ pracess far FY93-94. Im~~~r `"~~t4 mantaton a~aCoft+an evaluatrri9 imP pss+stance ~$am. ~para te w~th 5anta Mon~ca's new HN~AIDS F'rnlect. ,~ • A C il A i n RePpa ~ Years 2-~ refer n a M tiea '°" Year 1 refers to FY1992-~3~ ~Y'k 99 ~ -92, ~$ ri u m b e r s fndicated abave re4er ta ~~~ o~$ib ie fu n d i n g s a u r c e s. Please note that t he ~ ,mmediate ~mplementat~on w h+c h r e fi e r s t a t h e current fiscai year, Note that "1mmeGd. -199 act. Please re~ef Co AttaGhmer+t 1 far actual cost est~snateS en P 5c~oolUistnGi ta FY1993 Dgnotes recommesrdatron wtit4~ new cast irr+p Na-,~~,;~~~~d 5MMl~SQ-5antaMari~ca-Ma4,bu~n~a if~r-ent nt Man+ca Paltice aeP BDC - ~ayside Oist~~ct CorPQrat+on g~~ - Business Government ta En4 Ko~'r'e~essness CARS - Cultusal ~~ ~ev 1 p~nent Department CDD - Coms-iun~tY Chamber - Ghamt~er of Coss}m gaacd ot Super~~sors CauntY - ~-os An9eles GountY py~p}{ - 1]epa~tment of MeMa~ Neaith DR5 - Drspute Resafut~on ~~f~i~~s EDD - EmR~aYment Dsvelc~pmeni i~epartme GS - Genera~ Sesy'~~S ~~~artment NC - 4-ti41lSInA CBfrifTl155tiOi1 rtattion ManaB~ment ~U~M - Land ~1se and "Cranspo P1SC - Ne~ghborhood ~uPP4rt Cente~ ~~pG - 5ot~thern CA A&5'°Ciauon of Gavemments ~~~ . Soc a1 Servi ces Cnmm ss Q~,l~tat~an SS ~ s~p~t - Sa~ta TFH - Task Farcz an Nan'~~~ssness VA - ~~tera~'s Adrninistratian W~~ . Wests~de Ecumernc~~ Conference W~g _ Westsfde Food 8ank WSHC - Westssde Shelter and Hun9eF Coalit~on q'"~'TA~H~~~ge 5 ~ieC~r~Mertda~ ~i~,. Santa Mon+ca ~~ st Mental~N4ealth Ao beco~e~a Sar+ta Mas++ca We model cliniC f°r p~pp~~ W~th mQntat illnesses who a es 31 an~d 321 - Pr+ority are homeless. [P '~ and lacal hospit~~~ to ~~yocate far County de~elap resources to provide ti 0-20 ~GUte psYch. ~ beds, 1P~9~ 311 rrent daY ~~nt~rs s~rvmg P~p~~~ ~ncourage cu w+th rnental r4lnesses who are h week~StRa~~ ~21 expand operat~an to 7 daY~ ~ lncrease menta~ health team street au~K~ach ~ 4Pag~ 321 ~~ IG$ l S n~ u..... - 1mq~Qm~n~a~~on Schedule ~ w ~as ~nnu~~ Starrt-c~~ 47epartt~ner+t~s~ # Cap~#a~ OP~rBtir Year*'" prean~xatian - Immed GDD. ~ounty, DMI~ lrnmed. l CDD, CountY ~.q CauntY~ OMH ~ ~ ~ ~ ~ r 2~4 CountY~ DMW ' 4 ~ of case mana9ement and ~~ CountY, DMH Increase the availab+lity money management 5e mane t~hous ng 5 lp~'ge they 1~a~e aCn~eved P 321 d~bove te~er to ~ne ~a„`° ._. fssca4 year, +~~mm~er~t~ ~o be addsessed thraug~- ~~Rt~~'~~~ meetCp ~~ pg~~rtment of allentat~~n and Heaith staff • Tfl ~e addressed throu~h cantinued ' meetir-gs with Supervisar Ed ~de4man and County ~ef~artmerrt o~ Mer+tal I Nealth staff To be addressed thrau9h cQntinued meet~ngs vvith SuPetvisar Ed ~delman and County Departms"t °# Mental Hea4th st~f~ Lin1c w~t~ 5ection ~ ~rn9r~ms. S ; A C 14 Ac ios~ ReAort. q refer ; on 4~or~ 1 Yeas 1 re#ers ta ~Y 1992-93, and Years - FY'~991-92, ~lease note that 4he pa9~ numbers md~cate ogssbie fund{ng sources. ~ Imme~4iate ~mP~em~nxati1°n `f'f~~G~ ~eiers to the curtan • " Note that "1m{ned ° .}~96. act P4ease sefer ta Attachmsnt i for actual cast est~mates an P 5chaolD~stnct 3 d $- to FY199 • Denotes recommeridation vv~th new cost ~mP ~~~~~~d, ~ ~ ent BDC - BaVS~de ti~str~ct Corporat1on SGC - BUSinesS Goversrss~ent to Es+d Fiamelessness ~ARS - Cultural s~d Rscreation Services Cpp - ~ommurntY DeveloPment Department ~~m~ef _ C#~ambe~ ot Camm aa&rd o{ Superv+sors County - 1r~s Angele5 Cour~Y p~~ _ psp~rtrr,ent ot Mental Hea~th pA~ . Disqute ResaluUon Services EOq ° ~mpioYm~nt Deve1op+'~ent DeAastm ~$ . General Serv~ces ~epartment HC - Nvusing Commission e~ent LUTM - Land Use 2nd Transporxat~an Mana9 ~c~ _ ~le~$hbarhvod 5upport Centa~ SCRG - Snuther ~~ment o~Reriabd~itatan r~~~~ts gDR - 5tate ~eP SSC - Sacisl Ser-i~ces Commiss~vn 5MMU5D - S~nta Mon~ca-Ma1~~u ~Irniie 5h~pp - Santa Marnca Pol~ce Repartment 7F#{ - ~ask Farca ar~ ~ome1essness VA - Vete~an's Adm~n~stsat~on ~~ . Wests~de Ecumen+cal Conierence V~~3 - V1185t51d8 ~pOd B~T1k Wg}{~ - Westside 5helter and Nunge~ Gpalition arracH~n~N-~ ~~ ~'~ge ~a Recqr~-rnenda~X+Q~~'" ~ducate c;tixans c af~ nvo{ ~ tarY ~osp-tai~xat~anal il4ness, I~rt~tattioris 1aws, the unavailab~~'tY °f C°mmunity-based treatment. iPa~e ~ 11 Advocate for the Caunty ta pravrde the necessarY health sesvices on a comprehenstive coord nated ef#orts to deveEap system tpagg 331 Advocate #ar L A Ca~~ty to work w~th local }~pspita~s ta prowde S°10 drug detax beds m the Santa Mvnica area with medscal back-up IPa9e 3~41 lncrease acce~s to pr~ma;`! care sefvices fa~ homeiess person~s a~t~~}rke Health Centsr and the VA HosP+tal {P 9 ~+ S- tGd ia~.~ •,..•-_ {mptiementatian Schedule New .os ~~ ~ Annual 5tart_up D~~~rtlm~tlxsl ~aRit~~ C~P~ratin~ Yea~"` prgantix~xia~*,~ • ... ~ C~mm~~ts 2-4 CDD, WSHC, BGC, County. DMN , ~-~ CDD, County, BGC, WSHC ~pD, CountY~ yVSHC To be ~d~ressed throu~h confinu~d meetings with SuPe~"isor Ed Edelman and CountY st~f~. Z.4 CDD, County, WSHC , omeles ess a~~I A~ Rg~o~. 4 refer rrent fiscal Yea~~ ~~~9~~-~2' Year 1 refers ta FY19s2`93: and Years 2- hat the ~as~ numbers mdtcatecf ak~OU ~~ ~~ efers to theacu~o~'~a Tas~c ~asce Please nnte t ^ ~~,r,mediate implemer~tatian oss~b4e'Fundin~ sources ~Vote that "Immed " to FY1993-1996 gw cost ~mpact P~sase refe~ ta Attachment 1 for actuai cast est~mates an R Denotes secommenda#tion vvtith n ~~~~~~~d gpe - Baystde D~str-ct Corpacat~on BGC - Busmess Government to End Homelessness CARS - Gultura4 a~~eve prnent Department ~pp - CammunitY Chamber - Chamber oi C°mm ~aa~d of Superv+sors CountY - Los A~9~les Caunty DMH - DeP~rt'~"«nt af Mental Kealth DR5 - R~spute Resnlut~on 5ervices ~DQ - EmptaYment Develops~-er~t Department G5 • Genecal Services ~epartmes~t HC - Hous~ng Cammiss~an LIfTM - Land ~Se ~nd ~~a ~~~ Center Mana~ement NSC - Ne~ghborhoad 5upp S~AG - Sauthern CA Associst+on of Ga~efnm~~ts ~aSC - 5oc ai Services Comm s anlitat~on SMi~AUSD - 5anta Marnca-Mahbu Urni~ed School D~stnct SMPD - 5anta Man~ca PoNce ~epartment TFN - Task Force on Nom6lessness VA - Veteran's Rdm+r+~stsat+on W~~ - Wests+de Ecumen~ca~ Canterence WFB - Wests+de Food BBnk wg~~ - Wesls~de She~ter and Hunger CoaliUOn The Santa Monica Task Force on Homelessness: A Cail #o Action Implemen#ation Schedule ATTACHMENT II Page 7 New Cost Imnact Start~tsp 1]~p~rtmentsl Annuaf ~i~commendaitionsr Year"' arganizatir~n"~'* Ga~ital ~p~ratin~ Comments Advocate for the Cour~ty to change exclusionary ~ To bs addressed through contmued palicies m deveEoping caordinated systems of 1 DMFi ~ t .~.~~tmgs w~th Su~ervisar Ed Ede4man care for homeless persons with multipla diagnosis ~ and County staff. that require alcohol, drug and mental health ; serv~ces. ~page 341 ~ Case managericlient advocates to assist CDD, Agenciss, ~ ;,,,~.,~less persons, ensuring coordrnated servECes 2-4 VA, County ; S Ipage 351 i Develop client-centered action plans that offer a ; Address as part of new Request for wide range of services pramotmg self-suff~c~ency 2-4 GDD, A~encies ` Proposa! process for FY 93-94 (PaBe 361 ~ ~mphas~s on err~ployment, [leveFop new GDD, County, ~ ~mployment center (p2gs 371 - Prionty Immed SDR, Chamber, ; S Multi-year, collaborative pro~ect WSHC i Support all current employment and training CDD, EDD, SDR, ~ $ efforts w~th~n existing agencies (page 37~ i BGC. Caur~ty, ; WS#iC i * please note that the page numbers indicated above refer ta The Santa Monica Task Farce on Homelessnes~: A Call to Action Report. '• Note that "Immed "= Immediate impfementation which refers to t#~e current fiscal year, FY1993-92. Year 1 refers to FY1992•93; and Ysars 2-4 refer to FY1993-199fi. $- peno#es recommendation with new cost impact. Please refer to Attachment I for actual cost estimates and possible funding sou~ces BDC - Bayside District Corporation BGC • Buskness Governmen# to End Homelessness CARS - Cultural and RecreaCian 5ervices CDD - Community Development Departmsnt Chamber - Chamber of Cammerce County - Los Angeies Caunty Board of 5uperv~sars DMH - Department of Menta! Health DRS - Dispute Rssalut~an Services ~w'~- ~ ~~8~it~ EDD - Employment Oevelopment Departmestt GS - General Serv~cas Department HC - liousing Commission LU7M - Land Use and Transportatian Management NSC - Neighhorhoad Support Center SCAG - Southern CA Association of Governments SDR - State Department of Rehab~htation SS!C - Social Services Commissian SMM~lSD - Sa~ta Man~ca-Mal~bu Eln~f}ed School psstnct SMPD - Santa Marnca Police Department TFH - Task Farce an Hamelessness VA - Veteran's Admm~stration WEC - Wests+de Ecumenical Conference WFB - Westside Food Bank WSHC - Westside Shelter and Hunger Coal~t~on The Santa Monica Task Force ~n Homelessness: A Call to Actian ~ ~ ..~Implementation Schedule ~.~. ~_ ATTACHMENT II Page 8 IVC4'V COSi IfT1~7CT Start up D~p~r#mentsl AnnuaE Rerarnmendations' Y~a~i • OrBaniz;i~rUn• •` Capnal Uperating Commpnts Support lobhying ef#orts at the State and Federal ~ levels for an increased ~~ the mirnmum wags. 2-4 CDD, BGC, ~ [page 38) WSHC ~ Enhance hirmg efforts to hire people who are ; homeless or formerly ham~less as a part of the 1 Personnel, CDD, ; warkforce [page 3$1 CARS i Santa Monica to advocate for specialized ; errfploymen# ser~~ces for homeless persons with 2-4 CDD, BGC, ; Federal, State and Caunty agencies (page 371 WSHC ~ Expand t~e avadabdity of Section 8 hausing ~ certificates Coordinate referrals to afforc~able Immed. CDD (Haus{ng~ ; S Underway. housing. (page 39} i Develop emergency rental ass~stance pragram 1 CDD ~ S and security deposit guarantees {page 39} ~ Incsease access to affordable {egal 2-4 C6D ~ services/mediation services {page 3$} ~ Ensure that there are adequate foad banks/foad 2-4 CDD, WSHC ~ pantries. {page 3g) ~ • Please note that the page numbers indicated above refer to The ar~ta Monica Task Force on Homelessness: A Call to Action Report ~~' IVvte that "Immed "= Immed~ate implementation which refers to the current f~scal year, FY1991-92; Year 1 refers to FY1992-93; and Years 2-4 refer to FY1993-199fi $- Denotes recomme~dation with new cost Empact. Piease refer to Attachment I for actual cost estimates and possible fundmg sources. BDC - Bays~de D~strict Corporat~an BGC - Business Gavernrnent #a End Homelessness CARS - Cultura! and Recreat~an Serv~ces C~~ - Community Develapment Department Chamber - Chamber of Cammerce County - Los Angeles County Board of Superv~sors OMH - Department of Mental Health DRS - Dispute Resolution Service~s M ~- ~c ~.~~@~it~ EDD - Employrnent De~eiopmerrt Department GS - General 5er~~ces Department HC - Housmg Commission LUTM - Land Use and Transportatron Management NSC - Neigh~orhaad Support Center SCAG - 5authern CA Assoc~ation of Gavernments SDR - State bepartment of Rehabditatiore SSC - Social Services Commission SMMUSD - Santa Monica-Mal~bu Un~f~ed 5chool D~stnct SMPD - Santa Mon~ca Palice Department T€H - 7ask Farce on Hamelessness VA - Veteran's Administration WEC - WestS~de Ecumen~cal Confe~ence WFB - Westside Food Bank WSHC - Wests~de Shelter and Hunger Coal~t+on The Santa Monica Task Force on Homelessness: A all to Action Implementation Schedule Start-~s~~ Ilupartmentsl Recommendat+ortis• Year~' Orpan~zatian*•• ~1~~~`~ ~1~f~~ ,~~~~I1~~i, LUTM ~ City qevelop emereency ordinance to expedite Immed. Attorney, CDD development af shelter, (Page 46) - Pnor~ty Priority support for: 24 bed transit~onal, 36 bed Immed CDD 5R0, 55 transitianal beds ipages 45-50! - Pnanty Support tor 20-40 emergency shelter bed housmg 1 CDD projects Ipages 45-50E - Priontv Expand coid weather program to 90 cont~nuous 1 CDD, County, days. (pages 43-441 - Pnonty WSHC, 8GC Promote s'eg+ar~a~ col4a~orat~on, ~atir share ~ppraac~ t0 sitmg facilities and low-cost hausing 1 CDD, BGC develdpment iuage 41 ~ New Cost Impart Annual Capital Uper~tm~ QTTACHMENT 11 Page 9 Comments Will be ~~plemented as is~tesim ordmance in A~rd/May 1992 Requires collaborat~on w~th County and City of Las Aneeles. Address N I M B Y attitudes by facil~tatir-g ; discussion, mediat~on between neighbors and lmmed. CDD, ~UTM, ~ shelter/housing developers (page 41 ~ NSC, DRS ; ~` Please nate that the page numbers indicated ~bove refer to The a t arnca Task Far n homelessness. A al! Ac icsn Report *" fVote that "Immed." = Immediate implementation whic~t refers to the current fiscal year, FY1991-92; Year 1 refers to FY1992-93; and Years 2-4 refer to FY1993-1996. S- Denotes recornmendation with new cost impact. Please refer to Attact~ment I for actual cos# estimates and poss+ble funding sources BDC - Bayside District Carporation BGC - Business Government to End Homelessness CARS - Cultural and Recreation Services CpD - Commurnty Development Department Charrtber - Chamber of Cammerce County - Los Angeles Caunty Board af Superv~sars DMH - Department ot Mental Health DRS - Dispute Resalution Ser~ices '~'~ ~~~~~d EDD - ~mpfoyment Development Uepartment GS - General 5ervices DeRartment HC - Hausin~ Camm~ssion Lt1TM - Land Use and Transpor#ation Management NSC - Neighborhood Suppart Center 5CAG - 5outhern CA Assoc~at~on at Governments 5DR - 5tate Department of Rehabilitation SSC - 5ocial Serv~ces Commassion SMMUSD-5anta Monica-Malibu Unif~ed School D~strict SMPD - Santa Monica Pol,ce Department TFH - Task Force on Homelessness VA - Veteran's Admmistrat~an WEC • Westside ~cumenical Gonference WF~ - Wests+de Food Bas+k WSHC - Westside Shelter and Hunger Coalition The Santa Manica Task Force on Homelessness: A Call a~Action lmpiementation Scheclule ATTACHM~NT li Page 10 Npyy ['n~t lmn~rt ~ Starr-u~~ L7epartmenlsl Elnrtiual Rccomme~sdat~arts' Year• ` ()r~anizat+os+"' C:apital Operal~~ig Comme~ts 6 transitional urntslbeds to reopen (5t. Joseph 1 CDD f S Center's Next Step HouseM ~page 42) ~ ~ Ur~e ne~g#~boring cities ta match Santa Monica's ~ ~ funding at 30 cents per capita ta enable Westside 1 CDD, BGC, ; armories to be open an additional 30 days. (page County, WSHG ~ 44 ~ ~ Urge County Supervisars, Los Angeles City CDD, BGC, ; Councilmembers to consider util~zing armones for 1 County, WSHC ; a fuil 5-month period. (page 441 ~ A collaborative effort of bus+ness people, the ; pianning commission and City staff to revise 1 CDp, LUTM, ; l~ousing codes and ordinances to facihtate City Attorney ~ transit~on hous-ng tpage 48} ; Suppor# pro~ects that have begun the planning lmmed CDD ~ process that wdl provide SRO's (page 501 ~ Santa Manica explore ways to ~ncrease the ~ Inciudecf in poss~ble xonmg changes. number of urnts without increasing the allowable Immed. LUTM, CDD ; faotprint and development envelope of ~ builtfing. i Smaller units more affordable {page 50~ ~ ' Please note that the page numbers mdicated ~bove refer to Th~ Santa Mornc~ Task Force on Homeiessness: A Call tq Action Report " Note that "Immed "~ Immediate ~mpfementation whrch refers to the curren# fiscal year, FY1991-82, Year 1 refers to FY1992-93; and Years 2-4 refer ta FY 9 893-1996 S- Denotes recommendation with new cost rmpact. Please refer to Attachment I for actual cost estimates and posstble funding saurces BDC - Bays~de District Corporat~an BGC - Busmess Government to End Homelessness CARS - CulturaE and Recreat~on Services C~D - C4mmun~ty Deve4apmer~t Department Chamber - Chamber of Commerce County - Los Angeles County Baard oi Superwsors DMH - DeQartment of Mental Health DRS - bispute Resolution Servrces *~-~~.~~e~d EDd - ~mployment Development Department GS - General Serv~ces Department HC - Waus+ng Commission tUTM -~and Use and Transportation Management NSC - Neighborhood Support Center SCAG - Southern CA Assoc~ation af Governments 5DR - State Department of Rehabilitation S5C - Sociaf Services Commission SMMUSD - Santa Mqnica•Malibu Urnfied Schonl D~str~r.t SMPD - Santa Mornca Police Dapartment TFH - Task Force on Homelessness VA - Veteran's Admirnstration W£C - Westside Ecumerncal Conlerence WFB - Westside Food Bank WSFiG - Wests~de ShelYer and Hunge~ Coal~tsan The Santa Monica Task ~orce on Hamelessness: A Call to Action Impiementation Schedule ATTACHMENT II Page 11 Now f*Qg~mpact 5tart-up D~partmentsl Anr~~,ai Recornmendat~ons* Year~"~ Orgarnzation•** ~8pital Operat~ng Cpmm~nt~ Encourage cangrega#e housing to be buift. {page 1 CDD $ i $ Use of CDBG property or proceeds from 5Q~ ~ ~ property sale. Create incenti~es to encourage builders of ~ affordable housing to set aside percentage of fmmed. CDD. LUTM ; units for homeless people coming out of ~ pragrams. ~page 50~ ~ Develap a plan that mixed use pro~ects which ~ housing has been approved actually do include fmmed. CDD, LUTM ; hausing urnts w~en project is complete ipage ~ 5p) ~ City parking lots and City-owned land pursued as ~ suitable sites for use of air rights to budd 1 CDD ; affordable hausing Pursue use of Rnvate~y i owned lats for low mcome hous~~g (page 50) i ~ncourage partnership between developers and ; nonprofit agencies to meet the requirement for Imrned Cb~, f.UTM ; affordable housing development (page 50) ~ '~ please note #hat the page numbers mdicated above refer to The ,Sania Monica Task Farce on Hornelessness A Call to Actian Report `~ IVote that "Immed "~ Immediate implementation which refers ta the current f~sca! year, FY1991-92; Year 1 refars to FY1992-93; and Years 2-4 refer to FY1993-1996 $- penotes recommendation with new cost impact. Please refer to Attachment I for actual cost estimates and possibls funding sources. 6~C - Bayside O+str~ct Carparat~on BGC - Busmess Government to End Hamelessness CARS - Cultural and Recreation Services CDa - Cammunity Development Department Chamber - Chamber of Commerce County - Las Angeles County Board of Supervisors DMH - Department o# Mental Health bRS • Dispu#e Resolution Services M~-~~~~~i~ £Dp - Employme~t Deve~opment Depar#ment GS - General Services Department HC - Housing Cammission LU7M - Land Use and ~ransportation Management NSC - Neighborhood Support Center SCAG - Southern CA Association of Go~ernments SDR - State department of Rehabilitation SSC - Social Ser~~ces Commiss~on SMMl1SD - Santa Monica-Maitbu Unitied School Distnct SMPD - Santa Mon~ca Pal~ce Department 7FH - Task Force on Homelessness VA - Veteran's Admin~stration WEC - Wests+de Ecurnenical Conference WFB - Wests~de Food Bank WSHC - Wests+de 5helter and Hunger Caalition The Santa Monica Tas~c F rce on Homelessness: A Call o Action Implementation Schedule ATTACHMENT il Page 12 NPw i:ost Irnoar.t Start-up Deparcments/ Arutiu~d Recc~rnrru;ndaUOns' Ypar' ` UrpanvaUOn; •• Capital Operaung Comments Support involvement of a private lender in ~ financmg the first few years of Immed CDD ~ ; acpuisition/devefopment cost for new housing i projects. Guaranteed hy the C~ty w~th money set = aside for that purpase, ~page 50} ; City rrtake a publ~c st~tement of all Ctty-owned ~ land both w~th~n/outs~de City limits with maps 1 CDD, I.UTM ; showing locatians (page 5Q1 ; Consicfer reducmg pracessing fees for affordable Immed. LUTM, CDD ~ Included in possible zornng ~changes: hausing proJects. (page 511 ! reduced revenue to C~ty. Encourage rental hpusing owners to remain ~n the Immed C~~, ~ient ,-- i rental haus~ng business. (page 51 ! Control i Encourage the expans~on of landlord part~cipation 1 Rent Control, ~ ~ in Rent Control Board's lncenti~e Nousing COD ; Prograrn Ipage 51) _- --- --. . ; ~ Prop R implementatEon should be written to allow i payment of in lieu feeslcons#ruction o~fsite Immed CDD, Ll1TM, ; hausing to meet deve~opers obligatian for low- C~ty Attorney ; cast housing. {page 53) ~ " Please note that the page numbers indicated above refer to The..Santa Monrca Task Force on Homelessness: A Call to Action Report ~"~ Note that "Immed." = Immediate implementation whrch refers to the current fiscal year, FY1991-92; Year 1 refers to ~1(1992-93; and Years 2-4 refer to FY1993-199fi S- Denotes recommendation with new cost impact, Plsase refer to Attachment I for actual cost estimates and possible funding sources BDC - Bayside Distnct Corporation BGC - eusiness Government to End Hamelessness CARS - Culturai and Recreation Services CDD - Cartimunity Qevefnpment ~epartment Chamber - Chamber of Commerce County - Los Angeles Cqunty Board of Supervisors l]MH - Department nf Mental Fiealth DRS - Dispute Resolutron 5erwces t~ a-+~k~:~~~11t~ EDD - Employment Development Department GS - General Serv~ces Department HC - Housing Commission tUi'M - Land ilse and Transportatiore Management NSC - Neighborhood Support Center SCAG - Soutt~ern CA Associat~on of Governments SU~ - State I]epartment oi Rehabditation SSC - Social Services Comrrsissinn SMMUSD - Santa Mornca-Mahbu Un~fied School Distnct SMPD - 5anta Mon~ca Pohce Department TFH - TaSk Force on Homelessness VA - Veferan's Adm~rnstration WEC - WeStside Ecumenfcal Conlerence WFB • Westside Food Bank WSHC - Westside Shelter and Hunger Coalit~on The Santa Moni~a Task Force on Homelessness: A Call to Action lm~lementation Schedule ATTACHMENT II Page 13 Npw ('c~ei Irnn.jCt Start up Ucpartmentsl Ann~ial Fipr.ommes~dations• Year•' Or~anrzat~on"" Cap~tal Operat~ng Comments Expiore the possibdity of rezoning port+ons pf C-5 ~ Included m possible xoning changes Special Office District and MI Industrial Distrrct Immed. LUTM, CDD, ; for full spectrum muiti-residential use includmg City Attarney i very low income units. (page 531 F Alter parking requirements/restrictions on the size ; of units for new affardable housmg developments Immed. LUTM, CDD, ; Included in possible zoning changes such as SRQ's (page 531 City Attorney i Consider expansion of density bonus prvgram for Immed. LUTM, CDD, ~ Included in poss~ble zon€ng changes affordable housing pro~ects (page 53) City Attorney ~ Review Americans with D~sab~IEties Act to see ~ how it can apply to aid churches and social 1 CDD ; service praviders at#empting to build housing ~ {page 54~ i ~~~4~I.~ffi~~~;~llli~l~.F~ill~~lllli~ ~ { Deveiop cost analysis as part of implementation i plan within 90 days saurce Federal, State, Immed CDD } County governments and ~rivate sector ;page E 55} - Priority i ~ Pl~ase note that the page numbers indicated above refer to The Santa Monica Task Force on Homelessness.,_,A Call to Ac~ion Report, ~" Note that "Ir'nmed." = Immed~ate implementation which refers to the current fiscal year, FY1991-92, Year 1 refers to FY1992-93; and Years 2-4 refer to FY1993-1996 $- Denotes reCOmmend~tion with new cost impact Please refer to Attachmen# I for actual cost est~mates and possible fundm0 sources BDC - Bayside D+stnct Corporation BGC - Business Government tv End Homelessness CARS - Cultural and Recreation Services CDD - Cammun~ty Development Department Chamber - Chamber of Commerce County - Los Angeles County Board of Superwsors DMW - Department of Mental Health DRS - Dispute Resolution Services r~~ ~~~~t~ EDD - Employment Development Department GS - General Serv~ces Department FiC - Housing Commission LUTM - Land Use and Transpnrtation Management NSC - Neighborhood Support Center SCAG - 5outhern CA Association of Governments 5DR - State Department of Rehab~l~tat~an SSC - Soc{al Services Commissian SMMUSD - Santa Monica-Malihu Urnfied Schoal D+strict SM~D - Santa Mornca Pol~ce Department TFH - Task Force on Homelessness VA - Veteran's Administration WEC - Westside Ecumerncal Confe~ence WFB - Westside Food Bank WSHC - Wests~de Shelter and Hunger Coalition The Santa Monica Task Force on Homelessness: A Call to Action ImpEementation Schedule ATTACHMENT II Page 14 I`PW ~.~)SZ IfTI[1g'~Ct Start-up ~epartmc~its/ Annual Fter.ommendations• Ycar•• UrQanization*•• Capital Operatmg Comments Allocate $500,000 City funds for one time anly ~ 5500,000 has been identif~ed in C~ty's shelter/ housing development emergency costs Immed. City IVlanaper, ; FY91-92 Mid-Year Budget. and social service needs. (pages 55-56} - Priority Frnance i Explore outside grants and fund+ng sources, ; poss+ble assessment af people in Santa Monica. immed. CDD ; (p~ge 5B1 - Prionty i Increase parkinfl t+cket fines from S13.OQ to 1 County, Finance ~ $23 OQ. ~page 55) - Pnority ~ Maximrze funds available from the Cal~forn~a ~ CDD (Housing) ~ Housing Finance ^epartment and the sources for ; the development of housing. (page 551 i Imp;.,,...,.,tation of Prop R ordinance proposed in 1 CDD, I.UTM, ; Report to generate resqurces to create C~ty Attorney ; housmg/shelter. (page 55t i Pursue other funds/resources targeted to 1 CDD ~ implement plan Ipage 54~ ~ * Please note that the page numbers indicated above refer to The San#a Monica Task Force on Hamelessness A Call to Action Report "~ Note that "Immeci "= Immed~ate implementat~on wh~ch re#ers to the current f~scal year, FY1991-92; Year 1 refers to FY1992-93; and Years 2-4 refer to FY1893-1996 $- Denates recommendation with new cost impact Please refer ta Attachment I far actual cost est+mates and possible fund~ng snurces BDC - Bsyside bistr~ct Corporation BGC - Business Go~ernment to ~nd Homelessness CAFiS - Cultural and Recreation Services CDfl - Commun~ky Develvpment ~epartment Ch~mber - Chamber of Cornrnerce County - Los Angeies County Board of Supervisars 17MM - [~epartment of Mental Health DfiS - Dispute Resolution Services ~,~€~~~~i~d EDD - Employment Development Department GS - General Se~v~ces department HC - ~lousing Commission LUTM - Land Use and Transportataon Management NSC - Neighborhood 5upport Center SCAG - Southern CA Associat~on of Go~ernments SDR - State Department of Rehabditation SSC - Social Services Commission SMMUSD - Santa Monica-Mal~bu Urnlied School Dastrict SMP~ - 5anta Mornca Pohce Repartment TFH - Task Force on Homelessness VA - Veteran"s Admirnstration WEC - Westside Ecumerncal Conference WFS - Westside Foad Bank WSHC - Wests~de Shelter and Hunger Coalit~on ATTI4~CHMENT 11 Page 15 RgComrn~ndat~ ~~~~ ~f~~~,~`,~„~~';~~"~~° ~`~Ibi~~~~~1~ ~-'~•~.,. .}. Group to pevelap Interdeparcn'ental Coardtoricy ~aAe s2~ ' imp4ernent cansistent horneless p Prior~ty ~xPlase le9$4 action a9a'snst appsQPnate ~urtiSdicttians for nat meet~ng legal respansib~l-ty to address home~e$sness (page 591 - Pr~ar~ty Coordinate to taice vnrtl~eirfa~4share pa9~~6011_ urge vthers Priar+ty AdvocacY Eff°~S Targeted ~o ~ pfi ~u~ervisors County - ~lrge L A CountY tQ p~oyi d Burke Hea4th Centerat Ra9e 59) n~ca West an Establtish homeless ~oard~natfn8 counc~l - focus c~n coordinat~on af re5o~srce$ and ad~ocacY iPa9~ 591 ~.. 4 ~~ ,~.__ lmp~ementatiari Schedule NQw nsz {rnpac~ pnnual Start-up Departmentsl ~~~l~a~ ~}~~eratmQ Year** Organiz~t~~~«+• ~ A41 CiCy Departments CitY AttarneY. CDD CDD, g~~~ WSHC, County Imrt~ed. 1 WS~-IC,~C ~amqer fmm~~, CDD, BGC. S~C. WS~iC~ Chambef~ County { to T a 5anta ~v~u,~~~p ' `11991-92' Camrr,ents Interdepartr~'ental effort tv der+etioq ~rtp~etnentation schedul$ and cost estimates. Tas~ rce on Hor~~lessness wtitil continue throu~h 1992 ,sness A a11 Acttion Report , Year 1 refers ta FY1992"93% ~n~'~~~r~' ~-4 refer Ptease nate that the page nurr'bers ~nd'c~x~~ ~~aWe re es + Eeme~tatson whtich ~efess to t4~e eusrent ftiscal YEa~' ~ estimates and poss~btig fund~~9 sources. = 4msnediate +m~s r ~ Mote that "lmmed ta FY~ 993-1996 ndatian w~th new cost impact P4ea5e re~e~ to Attachment i for actual cos g - Denotes recornrne Bp~ _ ga~y,~e D~stnct Corporat~an BGC - Busin~ess Government t4 End Hamelessness Cq~g - C~ltural and itec~eat~o~e Serv~ces Cpp . CornmunNy DeveSapment departmern Chamber - Chamber ot Comm B~ard flf ~+~PertV~sprs Co~s~tY - ~-fl~ A~~les Caunty pRS - bisp~ ~~5 iut on Serv+cesth ~"~~"~' ~!~~d' EDD - Err~p~oYment Development Department GS - Ges-era1 Se~~~ces DePartment NC - Nous+n9 Comm~ss~an ~.~TM - ~and Use and ~ra"~~p Center Mana~ement ~~C _ ~~~ghborhood Su~~ SCAG - 5out~ef~ CA ASSOCration o1 GoW~rnments 5SC - Social S~ervi ces Cornm s onf~xat~on SMMUSI7 - 5anta Maniaa-Ma~'bu Unif~ed 5chaal ~istnct SMP~ Task ForcAe on Hamefe Dness m~nt TFN - VA - Veteran's Admirnstration W~~ - Wests+de fccUmen+cal Cariferer-ce WF8 -1J+festside Faad 8ank yyg}{~ - VWestside Shelter and Fiunger Gaal~tion ATTACHM~NT ti~ Page '~ 6 i~ecommendativns" Urge cltYvv~de coordinatsng counc+l on homelessnessQa~yc~~t~ ~p~e '~~ ~~ments to wark with 5ant~ M recomr~+endatian5 of t1~is RePQrt iP~~~ BQ! EXp{Uf~ th8 f8851b;lity Of Santa ~,O ~C PO erser c~ties and the Caunty entering ao~icies and qgreement" to coardinate the p i funding fa; hamel~5s services on a~e~wnal basis. {paqe 601 Explore the feasibilit~ of SCAG to deveiop a formwla th~B1~e and aelated se vices ~flP 9e~60~ hausing, s QdwQ~a~~ ~ffvrts Targeted to the 5tate af Californ~aOrlMaat ~ e st te e eE~ttp 9~a601a higher p , I a ~ aa~. .., __ ~mp~eme~tat+on Schedu~e Ne~,r os Im a Annu~~ Star~-up ~~Pa~m~~tsf Ca~ erat+s~S ~p Y~~~„' p~9~r~tzatiqn""'' ital ~ ~ CDD. BGC. S5C, Immed, WSH~i, Chamber, Cpunty CDD, BGC~ County, W~H~~ S5C ~ CDO, BG~C. 2.4 ~ WSNC. Chamber ` CDD, BGC, SaG, Imrr+ed. WSHC, Chamher. Cvunty ~drris~+ent~s Task Force an H~ 992sness wdi cantir~ue thKO~s9 nica Task Fv~ce an H m les n : A Ca1 ta Acti n Report, n~ FY1991-92; Year ~ sefess to FY19S2-9~, and Years 2-4 refer P4ease note that the pa9e n~mbers sr~dticatsd abave refer ta Tt~ * ~ Imrr-ediate ~mp ~mBntat~on which refers to the cursent fisca! Ye~{~ Q5~i~~~ fund~ng saurces I # • Note that °immed " tp ~y} g93-'1996 y,, cost impact Please refer to Attachment I for actual cost esttimates an p g- Denates Kecammendat+os~ with ne 8DG - BaYssde fl,sts,ct Corporat~on gGC - 8usmess Govemment to ~nd 1~omelessness ~A~{g - Culturai and ae~ream~nt pepa tment Cp0 - Commun~tY Qevelop Ghamber - Chamber of Commerce County - k~as An~eles CountY Board oi Superw~sors DR5 - Dispu e Resolut on 5erv es h ~M;~+~~~tc~ ~pp - Employment De~elapment Department ~~ - Gensral 5ervices Department H~ _ Hp~$,ng Comm~ss~on LUrM - 1.and lSse ~nd Tra ort Center ~anagsment N5C - Ne~gnborhoad ~uPP 5~~~ - 5nutherrr CA Assac~at+on a~ Govemments SSC - 5ac al Serv ces Camm ssaan'ttat~on $MINIt}Sb ~ Santa Mon+ca•Ma1~bu Un~iied a~~oQ~ A~str~ct 5M!'Q - ~anta Man~ca Pal~ce OePa~tment 7FH - Task fosce on Homelessness ~p, - Veteran's Adm~rnstratinn ~y~~ - Westsade Ecumenical Conference WFB - Wests+de Foad Sank WSHC - Wests+de Shelter and Hunges Caaitit~an pTTACHM ge l'~ ~7 R6GOintr~erld~t,_.,._.. ~~~- F'rovfde fund+ri~ for special~xed lab ~~rson and emptayment targated to hornement pepartment, throu~h ~mployment Develop ~ e 6a1 D~partment of ftehat~ilitatton, lP ~ Advncacy ~~farts '~argeted to the Fecleral ~ GoVernment - Adv4cate fos ra~ amslin rease~9 for affordable hauss bs d'+es• tPa9~ ~~ Sectinn 8 hQ~s'~'~ rovide ~r~~ th~ Veterans Admmistration ta p hea4th, 'rner~t~4 ~ea{th services for hotne4ess Veterans. ~paSe 601 Adwocate fvr en~ew furmuta #oc M~K~nneY Act fiundmg. 1P~9 asdin9 ~~ansor a conference o e~'m~~eS~nESS s~9 the nat~onal cris~s. ip~9 qpproach af~~c+a4s af atherlnithe rbown~~ to screen chents fa ~hE 61~a commun~t~es. (P ~ ~w 9- ~',ammants 4ngo~r~~ tssue. all ~on Report 4 r~fer ~sne and Years ~~ nta Mon~~a ~¢°.. •-~Y1 g9~-92; Year 1 refers ta FY1992-°~3; 4ease note that #~e Pa9e ~um#~e~s'n~icatr~d above refer to ~h ossib1e fundin~ sources ~ ~~ innmed~ate imptiementat~on -+~-hti~~ refers to t1~e current f~scal year, Nate that "im ~6 -19 act. Please refer ta At~a~hment ~ for actua1 cost est~mates a~ p SchoQt~+stnct to FYt993 Denates r~commendat~an w~tfi new cast imp ~~~~~~~ 5MMLfSD-SantaMenica-~1a141~u1}~'ar ment • nt Mornc~ PoV~ce Dep gp~ - BaYs~dQ fl~s~~~~t ~orparat~on BGG - Bus+ness Govesnment ta End Homelessnes~ CARS - C~~~~r~i and RecreameRt C]ePart~~n~ ~pp - Commur~+ty Oevelap Chamba~ ~ Chamber af Gomm ~oard of SuPe~v~sars County - LAS Angeles Caunty ~RS - p~sput Resolut on Serv ~cestfi ~ ~ ~ ~mptiementation Schedul~ ~io,,,- ~ost i~°act ~p,nnu~~ p~partmet~~,+! ~~rt-uR ~ . .., ~ ~~,~it~~ ~?p~rat~~ Year''" Qr~anizat+on ~ CDD, Caunty. 2-4 EDD. CiCC, WSHC lmmed. 4 C~D CDO, CauntY, WgHC, S5C CDD, ~~~~ WSHC. Cham~ ~-4 ~ s~c GDD, W5HC EDD - ~mpVayment bevelo ~~~ennepartme GS - General ~aervrces ~~P }~C - Fiousmg Comm~ss~a~ns~~at~a~ Management l.llTM - l.and Use and oft ~enter NSC - Ne~9~+6arhaad Supp ~~A~ _ ~puthem CA Assoc~ation of Gavernments ~b~ g~ ati Serv+ces G mm ss on~ttat~an SSC - , ~ 1 ~ ~ 4 1 ~ ~ SMPfl - ~anta T~H - Task Force on Hamelessness uq _ ~Etasan's Admtiri+stfattion yy~G _ y,~~st5~de ~cumen~cal Conierence WFB - Wests+de Foad Bank er Gaal~t~an WSHC - Wests~de Shelter and Hung The Santa Monica Task Force o_Homelessness: A Call to Action Impiementation Schedule ti'c~v Cost Irnnact Start up [lopartments/ Annual Rec~nimendation5' Y~ar' • OrQan~zat~on` •• CaprtaE Oper~Un~ Advocate for media coverage of success stor~es ~ that occur everyday in socFal ser~ice programs. 1 CDD, BGC, ; ~page 61) WSHC, SSC ; Organixe TFF{ and other local representatives to ~ go to Sacramento #o present this aeport, seek ~ CDD BGC ; leadersh~plassistance. qpage 6t1 , ; Strengthen effprts Of the $usmesslGovernment 1 CDD i Counci~ to End Homelessness (page 611 ' -- i ~ l.ocaf ...,,..,,.uni~y graups and busmess commun~ty WEC. Chamber, ~ to strengthen the~r sacial, politica! aciion efforts Immed. WSHC, SSC ; ipage 61) , HC, BGC ~ Encourage school disirict to prepare plan ta ~ coord~nate inereased support to homeless 2-4 CDD, SMMUSD ; chrldren. (pape 611 ; Establish Westside Hameless Caordinating WSHC, ~ Caunal to focus on coordinating resources and 2-4 Chamher ~GC ; advocacy Ipage 62) ~ -- , ; ~ ATTACHMENT I! Page 18 Comments Determine if this is needed. * Please note that the page numbers indicated above refer to The Santa Monica T k Force on Homelessness: A Call to Ac ian Report. " Note that "Immed." = Immediate implementat~on which refers to the current f~scal year, FY1991-92; Year 1 refers to FY1982-93; and Years 2-4 refer to FY1993-1996 S- Denotes recommendation with new cost impact. Plsase re#er to Attachment I for actual cost estimates and po5sible funding sources BflC - Bays~de Distnct Corporation BGC - 8us~ness Ga~ernment to End Homelessness CARS - Culturai and Recreation Serv~ces CDD - Commurnty Development Department Ct~amber - Cfiamber of Commerce CountY - Los Angefes County Baard oi Superv~sors DMH - Department of Mental Health DRS - Dispute Fiesolution Serwces «~ ~ ~:i:~~~i~ EDb - ~mploymer~t Oevelo~ment Departmenr GS - General Services Department HC - Housmg Commission LUTM - Land Use and Transportation Management NSC - Neighborhood 5upport Center SCAG - Soutfiern CA Association of Gavernments SDR - 5tate Department of Rehab~l~tat~on SSC - 5ocial Serwces Comm~ssion SMMl1SD - 5anta Mornca-Malrbu ~lrt+fred Scfzaol arstr-ct SMPD - 5anta Mornca Police Department TFH - Task Force an Homelessness VA - Veteran's AdmmistraUan WEC - Westside ~cumen~cal Conference WFB - Westside Foad Bank WSf~C - Westside Shel#er and Hunger CoahUOn A~`TACHME~T 11 Paga ~ g R~cc~mmend~~f.~ ~a~~, Nledieal, snental ~ t rggula~y a Condu t CaSe ~ch ' teams shau~d m reviews. Work i erson,nel t{fqaget83~ ngers~ pa~;ce and CitY P promots ~n~olvement ofi pragr~r~ part~~~P~nts i~+ for all CitY-f'~ndsd atta~s~+s~8 ~~{f-suff~ctien aY e ~~~ hometess se~v~ces. fp 9 Greate re~ised quarte~ly reparts, mon~tor+ng proces~ to re~iset Client outcame measures. ipage 631 Oes;gn and imP4ement program outcame evaluatian of a11 CrtY-fiunded pro0rams traCking successlrec~dtivism rates. 1Pa~~ 63) SupPflrt tinvolvement of c1~es~ts Tp pam5in~~~9g Emp~ernentattan eva{uat~on of p a 631 Estabi~sh ca~llrenceless populationa fP~9 ~631f d~ta regarding h . +~ $- ~ca ~ ~~,. . .,. tmplementatian Schedu e n;a.+~ f'o5t Imp~I 4 ~ A,nt~U~t ~Pr~rlme~nts ~tark-up D~Partmentsf ~~p 4pQrating Ye~f"" Clrganizat+an•*• ~x81 ~ ~ CDD. ~MPD, t ~ CARS ; ~ Address as part of new aequest #or ; ProA~sal proc+ass far FY93-94 2-4 CDD S ~ Addrass as part of t~s~ R~~u~st fQr y pr~pasal process for ~'~~3"~`~. 2-~} Ci7D ; ~ Adciress ~s Pa~ of new Request iar ; propasal p~ocess for FY93-94. ~_4 CDD , ; ~ Address as part of new Re4ue5t fior ; Prapos~l pfocess far FY93-94• I 2-4 CLID ; + Address as part o~ nev++ Re4~~st for G~p ~ p~pposal pracess for FY93'9~• 2-a . , bess indscated aboae ~efes ta ~ n~ t~e curre~t ~~sca1 year, ,~ H 4 ~ ss: A a11 to c~on R*~art ~Y1S9'~-92, Ysar '1 re~ers to FY4992-93; and Y!ears 2-~ refer Please note th~C the pa86 n~m Nate that "Emmed." = 4mrr'gdtiate tirr~p~ementat+os+ ~+htiC~ refess to refer to At~achment 1 f~r actual cost e5timates and pp$S~~le #unding saurces. to FY1993-1996 please penates recommendation with new cv5t imPa~~ *~~~~~~~ 8DC - 8ayside District Corporation BGC - eus~ness Government to ~s-d ~o~~~essness ~A~~ - Cultural and Recre~t~an 5ecv~ces CDD - Cammurnty ~eve1opment t~eP~rtment Chamber - Chamber at Cnmm s~~sd oi 5uper~tisars County - Las A+~gQles County a~~ p Sp~ pesol~ui on Servi ces ~ DFtS - ~., ; EDD - ~~p~+~Y~"ent Development Department ~,$ - General Services Departmes~t HC - Haus~n~ Comm+sstion ~U-~~ . y~~na Use and '~~a o~ ~en~~~ Management ~S~ _ ~~~ghharhood SupR SCAG - 5authetn CA Assoc~attion of Governments SDR - State Departmant Ot Ra~+ab~ItitaUon SSC - Soc~a1 5erv~~es Carnm+5sian 5MMUSD - Santa Mon~ca-Malibu Un~fied Schoo! Distnct S~1lEPD - 5anta Mon-ca Po1,ce Department TFH - Task Force on Hosnelessness Vp - Veteran`s AdmmiStration ~EG - rlllests+de ~~~~e~~ca! Canterer+ca ~F~ - V1lests+de food Bank WSHC - Wests~de She~ter and Hunger CaaliUan ATTACHMENT 11 Page 20 {mplementation Schedule Sta~t.~p *" C~ep~rtmentsf Ur~anixa~ion*"" cammendat~as~s'` R Yeas a CARS, SMPD, a~~~top educat~onal mater~a{s and plan re: parks w to respand ta h ' 1 CpD , o , standard far publ~c hehauio~ panhandhng [Pa~~ ~4~ ~rk lmmed. C~D, CARS, S u}ice. P ~nhance role of outreach teams. P a e fi41 n lP 9 SMPD, G . tangers to inct~sd~ Pub4ic educatia CDD, Chamber, tec~+nical assistarice sesaurc~s, p~+b~~c De~elaP ker's Bureau {paa~ 64~ ,~ W~C, WSHC, gGC, 5SG a educatias+ i~cEudin~ 54~ - Priarity ex and P timmeci. SMPD, CitY peveloP Urban 5afety Campaign - AttarneY n~~ghborhood watch lPa9~ ~r5~ C~~, CAFtS, for all o~n train+ng Ensure coorcfinated a mele5s Pe°Q~Q h ~ SMPD, Perso~s~el w+th a C~ty staff snt~racang tP~9~ 65) ~ Cab~e 7V l}se ~ity ~W far PUb1ic serv~ce announcements. {page 65! Use C+tY-fu~ded Sus~ne~s Govesnment CounCil's bl~c educatian ,~ CCtQ, BGC 1 f nd ta pramate pu ~~pmmerrts Link with recommendations to better coordinate citv-~+~~~ nutreach efforts. UnderwaY. educauana u ti ri y~eport. c~mpa~9n tPa9~ ~5? A Ca11 ~ d abave ~efer to ~he San a M s++ T k Force as~ Homelessness i ate t fiscal year, FY1S91-92~ Year S re~efs ta FY1992-9~; and Years 2-4 re er * Please nate that the page ~~~'~Ers ~rid ~ sources. ~~ms~ediate ~mp4esnentation whsch ref$rs to t~+~ ~~~{ gnt t~ar actuai cost est~mates and peSSible fundmg • * Note that "lrr-med." ta FY1993-199~. - psriotes recommendattion wtith nsvw ~ost ~mpact Ple~se refer to Ati~~~ ~~~Li MMl1SD-5antaMornca-Ma~i6uUnrf~ed e~tanlDis#r~ct 5 , ~. ~ ~ , S pepartm gp~ _ 8ayside Distnct Corporation g~C - gu5iness Gauernment to ~nd Momelessness CARS - Cultural an Devefnpment tieparfinent GDD - Commurnty Chamber - Chamber ofi Commerce erv~sors Caunty - 4as Angeles CauntY Baard ai Sup I~MH - aepattmer-t a~ Mental Health Q~S - p~sP~te ReSalut~on ~ervices ~pq . Employment DevelopmenC Department GS - General Serv+ces DaPa~tment HC - Haus~ng Cnmm~ss~on LU`~M - Land llse and Tra Q~P ~e~nter Management NSC - Nei9hbarhaod Supp SCAG - Stiuthern CA Rssn~~~ttion oi Governments SD~t - State Department of Rehabi4~tat+on 5SC - Saciai Services Cnmm~ss~on N~~ ps,. liri a Arsnual CapitSl df~._..4, ~~. €..~ ~ ti ~ S SMP~ - 5anta NEas~~ca Pa4~ce Y~~{ - ~ask ~rosce on K~m~~~~sness vA • Veteran's AdmErnstration WEC - Wests~de Ecumenical Conference WF8 - Wests~de Faad Bank WSHC - Westside Shelter and Hunger Goalition ATTACHIVS~+r + ~• Page 21 f~e a~mend~tsons' provide technical asststanca to laca~ n~nPsdf~t, veiaPers ta assi~t vvtith st~ategies ~ar housing de e ~6} ~~~nmun,ty education and ou#reach. tPa~ Add~e~s 1eg~ttima#e, ~oncer~s early nottiftcatiot~ aesthet+ ntsc cnme P eventan~ env onmental partic'pa area {pa9es 66 and 671 < <mPact an surround~ng ica ~ as~ r.,..... -- ~mplementation Schedule h4ew as lm Attt~t~~f SL~Ct°t~Q D~p~~t~~ritS~ ~~~ G}~~raCin9 Y~~r.+~ ~rganixa#i~n~" it'a1 4 ~~,y~{~ti CDD Immed l-U~'M, CDD. N5C Corramen#s 1nc4 deu d+r~ possible zos~ing chanAes. me1 ssn ' A li to A t~ n RePast Task Farc FY19~1-92, Yeas 1 sefers to FY~992-93, ans~ Years 2-4 refes e n-smbers mdicated abova refer to ~he Sant on~ tat-an wt~~ch refers to the current tiscal year, • Please note that tt~~ Pa~ ieme~ sources. * "~ Nate t1~at "Immed " = lmmed~ate timP refes to Att~chsnen~ ~ f~-r actual cost est+mates and p~sS~bie fun +~-9 to FY1993-i99G• ~lesse ~- Denotes recommendation w~th nev'f ~~St ~~~act BDC - ~aY~~de t],st~~ct Corposavon ~GC - gusiness Gav~iAment #a ~nd Homelassseess CARS - Cultural and~~e'op~ent DeP~~menx ~~p _ ~~mmurnty Chamhe~ ~o hA~~QlesfCounty Board at Su~erv~sors County - DMH - Depar#mes~t ot Mental Health pfl~ _ pi5~sute Resolutian Services ~~;*~~~~ f,#,".,1,., ~pp - Employment Development f~eRartm~n; G5 - Genes~l' Serv-ess DeAartment NC - Hau&m9 ~omm~ss~Qn tand Use and TranSP°-~~tion Managemenf LU~M - ort Certter ~~C - ~e~ghbort+aad SupP SCAG - Southe[ a tmerrt of Reh bita onernments g~Ft - State DeP SSC ~ Sncial Services Camm~ss~on ~~~~5~ ntatMan ca Pa1~c,e dep~a me ~a9 D~sts+ct SMP~ - ~a 7FH - T'ask Force on Hom~~~~$~~ss VA - Veteran's Adm~n~strat~on W~C - Wests~de ~cumerncal Conterencs ,~Fg _ Westsrde ~ood ~an~ ~~ Coalit~on Wg}~G - tiNestsFde Shelt~r and Nung ATTACBMENT III Thi~ Attachment provides: (1) Letters and backgraund information dated March 5, Z992 and March 19, 1992, which offer a sumanary of research and analysis an issues related to encampment ardinances; and (2) A proposed ordinance: "An Ordinance af the City Council of the City af Santa Monica Adding Section 4202B To The Santa Monica Municipal Code Prohibiting Encampm~nts In Public PlaCes" ATTACHMENT I~I RICHAROS, WATSON 8~ C~ERSH~N wrro~~vs ~r uw A A410/l1MON~L OOI~OMR710P1 6LlhH M WATSpN pOiERT Q ~EwE~T was+r ~ nE.w.oe~ pO1161A6 W ~P~O4~ MI11VC ~ L/1M~tlN AA11101C NIndV qIGF1A#p M DINQ lPIIMlN f ~ID12M OAi~O~C D PIlAlR IPIlD A rEHlRR /a1~N E ~MJ~NCTT ~1V L OO~!!Y YAi.L.fU.M1 L 6T~IALISZ ~4rR M OOL#/~!D MIMONY S D/1lIIVI~Y M~TCHE11! AMO'rt nMOnr+r ~ r~uwc~.o qMEA'T ! l]! MET!!~ +}neaowv w srErrr~~ AOC+~ELL! WOYN~ pONALC lTZRlJ lu11GNI~EL.1!!lq1Yd ves~s~ e wuoeu, CANO L OO'iEN T~AmA p T7NCY OI~~NN M d1MON11 c~ax w ~nucre TCnwY A TlNJ1NOVLL co~eww ~ ww~ar+ .nt ,~OhN A ~lL.GMlR J!//i~CY A AI1dP1 OXQORI' M KUNE~ aGGTT ~Ml~lL! TF~OM/10 M .M~I~p w~K.YiG.C rE.LL ~MNW YNLLWV K W\M~l11 GIMTA L GOLlMAN QTYVlN N K/.ufMANH /1YA~bA I 61.1mIVM0 W1LLI~V ! WT4yY{Jly. wO~RS C ClGCON h/11MlLA A ALally ~,+11'1~1~ VVfA1/tA IQVIN 0 !MMl~ ~N c -IAIw~ aMT M GOOAN ~.AU/IEPICL ~ 1ME~Nl~1 w+no ~ w~vre ct+w~+ ~~oOw my~N R QPMI oe.oa.~M ra Nw~oMwr~ ~QTf K O/~N~'IAiHI MIGMAEL Q GOLANRiD~b ~ACK O MyOL140rT a ~u.ock ~ owwr~r ~srrww CMrYdr1MA N. 4lLT~R 011~pR A NU/!~1 s w~~v++~wr ~uene o wo~w ~IA T AMMURA wowu ~ ~a TAYLOA L ~IMM; pANp M rLOMYNIAN KAYp!# O M1M! ST'CVlN L MC_^_^!.!~ March 5, 1992 PeGffl~'~ ~ {T~~F~M~) 17i1F4TY-EK~-ITi F~~Z 317 8QE1TE1 fICPE 9Ti~E~ ~OB AWCiEL,~'8 CAL.~Of~i~M f007+-7M~ (s1,) {j[!~Y/a 7'EL.Ci'.OPICA R1a1 ~-0d7i 0280424 99999-999 John Jalili, City Manager City of santa Monica 1675 Main Street Santa Monica, CA 9Q4Q1 Re: Camping Ordinance Dear John: Since our meeting in your office on February 6, 1992, dur~ng which you requested our firm to assist the Gity of Santa Monica in the preparatian of a camping ordinance, I have ~.istened to tapes of the City Council's discussion af this issue an January 2~, 1992 and have read the staff report submitted to the Counci~ that evening in arder to develop an understanding of the issues and the problems which the City desires to address through the ordinance. I also met with the Task Force an Homelessness and, at their request~ reviewed the City of Los Angeles' ordinance prohibiting camping on Venice Beach. Based €~pon this review, it appears ta me that the City Cauncil's initial desire was tc considar adoption of an ordinance similar to the recently enacted West Hollywood camping ordinance, while I am not certain that the City Council u~timately r~rill enact such an ardinance, I concluded that the best place for our office ta commence was with an evaluation of the ~.eqa].ity af the West Hallywood appraach to the camping issue. As a result. I have researched the issue of whether an ordinance the same as, ar substantially similar to, the West Hollywaad ardinance wauld be constitutional3y saund. I have attached a c~py of our mem~randum an this issue. As discussed in detai3 in the memorandum, while it is never possib].e to predict with certainty whether a ~ourt will ~phold a statute's constitutionality, especi2~lly in an area as emotional~y charged as the proposed ordinance, I have conc~uded that an ordinance based on the West Hollywood approach would RICHARDS, WAT80N $~ GERSFiON John Jalili, City Manager March 5, 1992 Page 2 likely be upheld if challenged in caurt, The West Hollywood ardinance is not discri~inatory an its face, is sufficient~y preciser advances the important governmental goal a~ preserving parks for use by all residents, and is within a city's poli~e powe~s. Furtherm~re. a federal regu~atian substantially the same as the West Ho~lywoad ordinance has been upheld by several caurts, including the United States Supreme Court. Yo~ shauld be aware that the West Hollywcad ordinance contains one significant di€ference from the federal regulation. The West Hollywoad ordinance, unlike the federal regeilation, provides that camping includes "remaining for prclonged or repetitious time nat associated with ordinary recreational use with one's personal possessions" in the definitian of camping. As discussed in the memorandum, this makes the West Hollywood ordinance both samewhat more restrict~ve a~d margir-ally more susceptib~.e to a vagueness challenge than the federal regulation sustained in the cited authorities. Although the City Council initia3.ly indicated an interest in adopting a camping ordinance similar to that enacted in West Hollywood, ~ am not certain after listening to the City ` Council meeting tapes that this is the approach the City Co~ncil does, in fact, desire to follow. z also do nat know if the City Counci3 intends to generally fal3ow the West Kallywoad approach, wheth~r tne Council wants to incltide the language west Hollywood particularly added to the federal regulation. I am requesting, therefare, further guidance befare I prepare a draft ordinance. Please contact me after you have had a chance to review this letter and the attached memarandum so we can discuss how to proceed. Very truly y s, yJ~ - Steven L. Darsey ~ 8 LD : rp D280424 RICHARDS, WATSON & GERSHON MEMORANDUM To: Jahn Jalili DATE: March 5, 1992 SIIBJECT: "No Campinq" ~rdinance You have indicated that cansidering adopting an ordinance public parks and beaches, and you with a leqal analysis of the West ordinance. the City of Santa Monica is that would prohibit camping in have asked us to provide you Hallywoad ~~no caatping" As discussed in detail balaw, while it is neve~ poss~ble to predict with certainty whether a court will uphold a statute's constitutiona3ity, we have concluded that a court would likely find that the West Hol~.ywood "no camping" ordinance is constitutianal. It is beyond dispute that the City has the authority ta enact rules to pratect the parks. PeaDl~ v, Trantham, 16~ Ca1.App.3d Supp. 1, I3-14 (Z984} [upholding Las Ar-ge~es' park closure or3inance against a challenge that it was uneansti- tutionally vayeie and reaffirming a city~s authority to regulate park usey; S]mm4rlS v. Los Anae~es, 63 Cal.App.3d 455, 468 (197C} ("A charter city has inherent authority to cQntrol, govern and supervise its own parks."). Thus, prohibiting camping in the parks is a legitimate exercise af the C~ty's palice powers. However, there are important constitutiona]. Iimits ta how the City exercises its police powers. First, the City must adequately define ~~campinq" so that the average person can understand what conduct is prohibited and so that enforcement officers are provided guidelines that will discourage arbitrary or da,scriminatory enforcement. An inadequate definition would render the ax~dinance vulnerab~e ta a challenge that it is unconstitutional~y vague. Second, the ordinance must be neutral on its face and as applied. If the City a~ts to discriminate against the hameless, the ordinance may violate the equal pratection cla~tse cf the Constitution. We will address each af these issues in turn. _ FiiCHAFaDS, ~NATSON 8~ GERSHON MEMORANDUM John Jalili March ~, 1992 Page 2 1. The ~efinitfon af ~~Campinq~~ aad the Void-far-Daqueaess Doetrine. As a preliminary matter, all presumptions are in favor af the constitutionality of ordi.nances and any d~ubts are resalved in favor of the validity of an ordinance. Countv af Sanama v. State ~nerav Resources etc. Cpm~~ri, 40 Ca1.3d 361 (1985), Indeed, courts normally uphold an ordinance unless it is clearly, pasitively and unmistakably unconstitutianal; accordingly, an ardinance is not "unconstitutionally vague" just because it may be difficult to determine whether certain "marginal" ar extreme facts give rise to a possible offense under the ordinance. For example, in Findley v. Justice Court, 62 Ca1.App.3d 556, 570 (1976), raview denisd, the court considered a constitutional challenge to a statute prohibiting throwing "any substance" at a vehicle ar its r~ccupants. A person charged with throwinq a rock at a car arqued that the crdinance was vague and overbroad because it would criminalize such conduct as throwing r~ce at newlyweds gettinq into their car, thrcwing a bucket of water at a car during a washing or tossing the keys to someane who had already gotten in the car. The court flatly rejected this attack stating that "the doctrine af reasonab~e constructian" protects from a law's reach innocuous eonduct '~which in no way impinges upon the paramount purpose" of the statute. Moreover. courts have lang recognized the frailties of language and thus require anly "reasonable certainty under the circumstances" for an ardinance to pass constitutiona~ mu5ter. See Rutherford v. State of California, 188 Ca~.App.3d 1267, 1276, 1278 (1987) (upho~ding aqainst a vagueness challenge a statute's use of wards such as "notice," "substantial,~~ "stream," and "emergency"). Where the ~egislative body has undertaken a focused discussion of the constitutionality of its proposed law, caurts will presume that the law was meant to be app~ied within the canstraints of the Constitution and wi~l rely on this presumption to construe the statute accordingly. Paeific Lecxal Foundation v. BrQwn, 29 Ca1.3d 168, 180 (1981). Given these canstitutional priaciples and presumptions, we eacamine the West Hollywood ordinance. The West Haliywood ordinance prohibits ~icamping" in the park. "Campinq" is defined as follows: "...residing in or using a park far livinq accammQdation purposes, as exemplified by remaining for CH:ch ~513.cx RICHARDS, WATSON 8~ GERSHOIV MEMORANDUM Jahn Jalili March 5, 1992 Page 3 prolonged or repetitious periads af time nat associated with ordinary recreationa~ use of a park with one's persona~ possessions (including but nat limited to clothing, sleeping bags, bedrolls, b~ankets, sheets, luggage, backpacks, kitchen utensils, cookware, and similar material), sleeping Qr making preparation to sleep, storing personal be3ongs as ebove defined. regularly coakinq or consuming meals, or living in a parked vehicle. These activities canstitute camging when it reasonab~y appears, in light of all the circumstances, that a person{s) is using a park as a living accommodation regardless of their intent or the nature of any othar activities in which they might also be engaging. " The West Hollywood ordinance used the United States Park Service's definition of "camping" as a madel. This has twa advantaqes: (I~ it effectiveYy prahibits people from takinq up residence in city parks ar~d thereby campromising the rights of people to use the parks for recreational purpases; and (2) the definition has already withstood three constitutional chal.lenges, including a decision from the United States Supreme Court~ holding, among other things, that the definition was not unconstitutiona~ly vague. In Clark v. Communitv for Creative Non-Violence, 468 U.S. 288 (1984), the United States Supreme Court held that the govarnment had a significant governmental interest in preventing people fram camping in parks not designated for such use; that the government's regulation, including the definition of "camping," was narrowly tailored to achieve the government's significant interest; ar~d rejected claims that the government's regulation was unconstitutional~y vague. ~. at 292, n.4, and 300 (Burger, J., cancurring) ("With all its frailties~ the English language, as used in this country for several centuries, and as used in the Park Service regulations, cauld hardly be p~ainer in informi.ng the public that campinq in Lafayette Park was prohibited."). Although the Clark case focused larqely on whether the regu~ation infringed on first amendment rights, the Court flatly rejected the vagueness challenge. Thus, the constitutianality nf West Hollywaod's requlation seems even more F assured because the Park Serv~ce's similar regulation survived a challenge under the heightened scrutiny that accompan~es laws that potentially implicate first amendment rights. CH:ch A513.CH i~ICHARDS, WATSON 8. GERSHON MEMORANDUM John Jalili March 5, 1992 Page 4 In United States v. Thomas, 864 F.2d ~88 (D.C. Cir. 1988), the D.C. Circuit Court of Appeals square].y ~ooked at the question of whether the Park Service's definition of "camping~' was unconstitutionally vague as applied to protesters exercising their right of free speech (aqain wi,th heightened scrutiny). The court reaffirm~d the helditig in Clark and upheld the definition as sufficiently certain. In United States v. Musser, 873 F.2d 1513 (D.C. Cir. 1989), the court reaffinaed the Thomas holding and upheld the conviction of a person who had spent anly one night in the park (in Thomas there was evidence that the defendants had lived in the park for cne week}. The court held that the e~idence supported a conviction where it was proved that the defendant had used the park "as his living accamm~dations for a sing].e night." Id. at 1519. The court's camments on whether the evidence supported the conviction illustrate well the contextual analysis that determines whether an activity comes within the definition of "camping:" "...[A] reasonable fact finder could certainly be canvinced beyond a reascnable doubt that a person stretched cut on a waoden pallet with bedding materia~ under him and over him, covered by plastic, a makeshi~t pi3low under his head, and his belangings around him, asleep fcr at least two hours, appeared to be ~sing the Park for at least temporary livinq accommodations. Though he may have broken no graund and started no fires, like an archetypical boy scout or backpacker, he appeared to be campinq overnight -- or at least a reasonable fact finder could so find. Unl~ke the law- abiding boy scaut ar backpacker, he was not doing his camping in an area where the activity is lawfully permitted." Musser, sutiraf at 1519. The West Hollywoad definition of "camping" differs frdm the Park Service's in one significant respect; it added "remaining for pralonged or repetitious periods af time not associatad with ordinary recreational use of a park with one~s _ personal possessians" as part of the examples of what constitutes "camping." This addition is still subject to the definition's requirement that all activities are viewed in context to determine whether in liaht of a~l the circumstances the person is livinq in the park. Moreover, "recreatianal use" within the CH:ch A513.CH RiCHAROS, WATSbN B~ GERSHON MEMORANDUM John Jalili March 5, 1992 Page 5 context cf a"park" is easily understocd. In this respect, the West Hollywood ordinance potentially encampasses more behavior than the Park Service's and, to the extent that it strays from the exact language that was upheld by the caurts, the West Holiywood ordinance is marginaily more susceptible to a const~tutional challenge. Bath the west Hallywoad and the Park Servzce definitions af "camping" are context-based rather than absolute. ~t is essentia~ to note that courts have upheld aqainst vagueness challenges such context-based definitions. Nonetheless, critics of this type of definition complain that innocuaus or innflcent behavior is easily drawn into these types o€ definitians. Thus, in the cantext of West Hallywoad, the critics would ask, is it illegal in West Hollywood to picnic twice a week at the same spot in the park? Can a baby Iawfully doze aff in her straller in a West Hollywood park? The answer to such questions is that the context of the activities is central to the kind of definition used by the Park Service and West Hollywood. Under both regulations, sleeping is - only prohibited when it a~Dears in liaht of all circumstances that the nerson is livinv in the ~aark. The Thamas court discussed the adequacy of a definition which requires a cantextual evaluation`, and this aspect of the definition of "camping" was specifically approved by the Coux-ts "First, na one of the exemplary indicia (for example, "sleepinq activities") can be cansidered in isolation, either fram the others or from the actual circumstances in which the activity is conducted. Thus, the fact that the reQUiatian does not cover a].unch-time nati bears little u~on whether the rec~ulation nonetheless aives fair notice that it Arohibits dozina off at niaht. snrrounded bv bits af nersonai nranertv. when lvina in b~ankets and a sleenina baa. for niahts an end, in the midst of maintaining a"centinuous presence" at the site for several years. A contextual inquiry is a mattez af reasoning from and delimiting ideal types (or paradigms), and the observation that the Daradiams of "lunch naa" and "cam~incr" mav share an element of an hour's sleeb does not cal~anse the tvnes ~ or render vaaue the manifest distinction betw~~n th~m. It can be sai.d that no distinction can be drawn between such varied acts only if no ~~core cancept" underlies the prohibited behavior. The Zack of a"core concept" is the hallmark of a prohibitian that is CH:ch u~3.cN RICFiAFIDS, WATSON 8~ C3ERS~ION MEM~FiANDUM John Jalili March 5, 1992 Page 5 unconstitutionally vague. Here, "camping" does have such a basic or unifying concept -- the use of land for living accammodation purposes -- which the requlation elucidates in detail. Second, the contextual inquiry does not regulate behavior by drawing bright lines and"then defining the quantum of each of the various indicia suff~cient to camprise the prohibited activity. The regulation does not, and as we seen need nat, define the prohibited conduct precise~y. While interests furthered by the Due Process Clause and the First Amendment favor such regeilatian by bright 3ines, we are auite unnrepared to hold that the Due Pracess Clause ~rohibits a cantextual recrulation. Reading sueh a requirement into the Clause would likely invalidate most criminal statutes and administrative regulatian. Even in the First Amendment realm, statutes cleaving to the exact language of Supreme Court requirements wauld fail such a test." _ Thomas, sunra, at 197-98 (citations amitted; emphasis added); see alsa Musser, sunra, at 1518-19. This is consistent with the California Court of Appeal's decisian in Findlev (discussed abave on page 2) in which the court relied on the context of a statute to distinguish throwing rice at newlyweds from throwing a rock at a car for the purposes of determining what the statute prchibits. In Peonle v. Trantham, sunra, the caurt applied a three-part test to determine that a park regulatian was not ~ague or overbroad: the court found {1) that the gavernment has a legitimate interest i~ canserving park property and promoting it far recreational uses; (2} that clasing the park at certain times (like prohibiting camping}, furthers the gaverriment's legitimate goa~ of protecting parks and (3) that the regulation did not unduly ir-fringe on other riqhts. ~d. at supp. 14-17. This test estab~ished that there was an evil {destructian of parks by campinq) that the regu~ation clearly addressed (prahibitinq camping) and that requlation's effect did rat unduly infringe on ather rights. In ather words, the wards of the statute are given meaning by loaking at the context of the law and the reason for its enactment. Thus. the caurt cancluded that the regulation was narrowly tailared ta meet a legitimate government gaal and ~ thereby is constitutional. _ Similarly, West Hollywood~s ardinance was enacted to protect the city's parks from destruction and preserve them for recreational use. By prohib~ting camping, the city lessens the CH:ch A513.[H RICHARDS, WATSDN 8a GERSHOfV MEMORANDUM John Ja~ili March 5, 1992 Page 7 wear and tear on the park caused resulting from such an intense use and encourages mare turn-over amonq park users, assuring greater accessibility of the parks to the public at large. Accordingly, the West Hollywood erdinance wou~d likely survive a vaqueness challenge. 2. The Purpase of the Ordinance and the Equal Fratection Clause. It is evident that a"no camping" ardinance would have a greater effect on hcmeless persons and, during the January 21 public hearinq, same people charged that the purpose of the "no camping" regulatian would be ta exclude homeless peopie from public parks. This is a legitimate concern because the City may not use its po~ice powers to discriminate. This point was well made in $a~r v. Muni~ival. Caurt, 3 Ca1.3d 853 (1931). In Parr, the City of Carmel-by-the-Sea adapted an urgency ordinance regulating the use of pu}~lic parks and facilities. The ordinance was adapted as an urgency erdinance and contained a"declaration of urgency" which ~ecited that the need for the measure derived from the influx of ~~hippies" tQ the city whom the ordinance described as ~unsanitary„ and "undesirable." The Court four~d that the languaqe in the urgency clause indicated that the Cauncil intended the operative provisians`of the ordinance ta appiy only to "hippies." Accordingly, by a 4-3 decision, the Court held that the ordinance was impermissibly discriminatory. The majflrity and the dissent in Parr agreed that Carmel's apparently neutral ordinance was campromised by the language in the declaration af urgency that seemed to reveal an intent to use the ordinance solely to exclude hippies from Carmel's parks ~and perhaps from Carmelj. Indeed, the ardinance itself wauld have been a valid exercise af the city's police powers were it not for Carmel's apparent intent to use the vrdinance as a tool, to discriminate against hippies. See Parr, sup,ra, at 867, 870 and at 871-72 (Burke, J.. dissentinq). Unlike Carmel's anti-hippie law, the purpose of the "no camping" law is nat to exclude the homeless from the parks. Instead, it is to preserve the public nature of the parks. The character of public parks is dependent on re~lar circulation of visitors and use; when any individuai stakes out a pieca of the park and exercises such a degree of control over the area that it essentially makes that area private., the purpose of the public park is hapelessly undermined. Withaut trivializing the seriousness af homelessness, the encampmsnt probl~m Yn the park is somewhat analogous to the situation where a person checks a }aook out of the public ~ibrary and keeps it for his own, thereby CH:ch A513.CH OR~7NxN[E HO ~L[~~.s~~~9 a1 o^!'tia~ce uenCing tht Los Anqeles M~nietpal [oEc to precEude oveinigh: sleeging ^n2 ea^p~nq or heactea and ahcreltne a[ea^ and p[etlad.nq etectlny. ^+ini~tninq, ustnq, oL eeeupyinq unautxortzed trnea, lodgra, shel[e[s or •Cf11CLYf!• Ghl~lOf~. SRP t£OPLL O! iBE [ITT D! L45 ABGCLES GO 011DAIN ll8 -QLLOYS Sec[:on : Sectian 67.N ot the Lo~ Angeles Manieipal Cede fa ~eraby awend~d a! Sudaecclon A DY addinq t~e fo:lorinq unnuw~eetd deltnition Chece[o and thereafte[ Cy •rrangioq Cde definttiona alphaheCacalSy 'DeacA• •M11 3ncIude puDlic aeuAO[e anE •rtoreline areaa bordecing eA• v~elSie Oeean chac ar• ornea, •aaa4ed oc conerelied by Lha C:ty Bec 7 Sectean 67.~4 0[ the Lo~ 7~ngeles flunie~pal Cade f• hereby uended ai Supdivisiqn ! ot SuDaec_ion f to real pa pe[~on •haIl ettet, ~aintaln, use~ of oeeupy en aay Eeach, any t~at, lodq~, •helter, oc struecut~ e~~e p~a ~ai• tMa tra ^!Ou c]o~eC. Any ~ueh c~nt, lodge, ahelt~r or atruciur• spall ot-~etvi~e ~e encirely open ~na there ah~21 be ~n unotrstcucted aiew into ~uch ttnt, lo0qe, ahelter oi st[uetu[e t[Ce the autslEe esc~p! fo[ [hs [ro cloaed sidea IS the sex:. :o0qe, ~heItt: or •t[ueture ta Oih![ Chan [lttil]gUli[ [tl s~l;p*~ p0 i~OC! LII~A OA!- [hicd ot Yhe ouGSlde tAereo: srall be eloaed snA the[e ~'~all othei*~ae b! ~n ypOa/L[YCtfa rier i~to ~t. Any tent, ladge, ^neAse[ o[ structu[• ereec~d, uintalned, uaed or oecupi~E on a beach ahall eonfls! of pFlaele, teat-lite riteciais aueA as canvu, nylon or p11a~2e yrnte!!ic M.texsal In no •vent •M I2 anY aucr terte, lodge, •~~lte[ or reruecare b~ •reeted ar saintaineE elos~r [han tifty f501 [e~t Lroa ~ny other t~ne, lodqe, ~~eleer ar ^truceure. Any sueR t~nc, lodq~, ahelter or seruecure •hall be diasanCled +nC re~ov~d Erw t~e beach eacE Oay and no pact tA~r~qt ^M21 raisla ov~rwiqht. tio pe[aon slfall la~ten as ^a~a[ain any gyy rire, guy rape or e:t~rior b~aeing or aupport o! any [rnt, lodq~. ~hell~t oc se[ue[nce betr~~p !t or aay pottian theceol, anA any atrueture, se~ke, rort or ening outaidc a[ ~ueh ;ent, lodqe. •hel[eY or structare. Sec 3 Sec: on G3 {; oi tne „oc ~~qt.ee ~.:r_= pa CoE! a ~ereby asendei •C SuCaec[ton ' by •d~ nq Lhe _~'iar_-g p~aa9[aph^ •J Mo peraan s~a;: encr , be, or reaair on sry ~eacn •[ea unle~e chae per~on cowglte^ reCn a;l rsR~lacions appiiuEle to th~t 6eac~+ and rtch •11 oe~tr applfeaDl• ard.vncea, [ulea •nd regulaelonJ. ~. x per~en «erctainq aoy ot the prtv~leges wehocis[d by thia 5lctlon doea ^o •t that per~on'~ ern risk rit4oui tiab:ilcy en cne par[ aL the Ciey to~ eny 1~?ury to persoo ot pcope[cy [eaultirg [hetetro^ t2 L:cep_ aa ot~erri~e proriEed in ~hYa Sectian ar •s auChorlsed hy t~e Eoard, no pe[~on sh~l] ea~A 00 ot use foc ove•aiqhe ~leepiaq pu[pases any heaet~, o[ 6[irtg a Aawetrsiler, eaapeC o[ siRflae vtt~icle oneo any eeach Sec ~ 7'he C~~r Glerk 7ha11 rcrtifY ~o thc pa~a=c of ~lue oM~icznee srid wux ~he same ~e be pubi,shea ~n somo dady ne~rspaper pna~ed aod pubinhed m ihe Gtr o{ Los An~fa 'e-e_~ Ce:'_:~ ~3' ['e !c'e~a~ ~ a~::.~:e ws .i~_'~CC!'_ a_ :~ ~eeiJ~ o.' L`+ 'tc . c' L:e ._:• o' '_S kqe.e: ~~~ 1 iyE7 anc .a~ P•~u: a_ I[s T~' ~^J !""'L 7' Nr. - ' J ~: r~~C LJti. .U 1~~57 =_.eltic ~~~-~~~~ ~~ M~L~ t1:7 Llsrr aY s~,..,J/,. T 1~/ •- _ +,eWtr„ ~ _. /~..~1-~ +~lsrsz7 .~f~lY•or / "F 1 f RiCHAR~S, WATSdN ~ GERSHON MEMORANDUM John Jalili March 5, 1992 Page 8 robbing the public of the use of the community resaurce. The purpose of the "no camping" ordinance 35 to prevent pieces of the park from being taken from the public by assuring regu3ar circulatian of use and limiting activities in the park ta ordinary r~creational uses associated with urban neighborhood parks and public beaches. In addition, the "no camping" ordinance would preserve the parks from the destruetion of property that accompanies camping. Courts have receqnized that the government has a substantial interest in preserving ~ts parks. See Clark, sunra, at 296; Musser, sunra, at supp 14-15. Indeed, in a very recent and unpublished decision, the Cali.fornia Court of Appeal had occasion to consider the competing hardships on the hameless pop~lation where a"no camping" ardinance is enforced and the Camm~lrilt]t at large where a"no camping" ardinance is not enforced. San Francisco Coalition an Hame}.essness, et al. v, Citv and Countv af San Francisco, Case No. AU52918 (lst Dist, February 20, 1992). We have attached a copy of the decision far your convenience. Whi~e the decision daes not pravide any citable legal authority, because it is not published, it does - give a good idea of how a court is likely to address this issue. In the decision~ while sympathetic to the effect that a"no camping" ordinance has ~n the homeless population, the court clearly finds that the city's interest in preserving the parks outweiqhs all ather interests. West Hollywood's ordinance is neutral on its face and ~.t is nat aimed at any particu~ar group. Thus, it is not discrima.natary, even though it may be more likely to affect homeless persans than others. 3. Conclusion To summar~ze, West Hol~ywaod's definitian of '~camping" would like~y survive a constitutional challenge. The courts have specifically approved both the concept af defininq an activity by a contextual eva~uation and a definition af "camping" virtually identical to West Hollywood's. In so doing, the courts acknowledge that there are limitations to ~anguage and that, while it may be di~ficult ta express in absalute terms what is prohibited, through arquably less precise words, it is possib~e _ to communicate with reasonable certainty to a person af average intelligence what is prohibited. Therefore, an ordinance prohibiting camping which defines "camping" by setting forth a description of activities CH:ch A513. CFI RICIiAA~S, WATS0IV 8~ GERSH4N M E M O R A N D U M Jahn Jalili March 5, 1992 Page 9 which taken in cantext reasonab~y appear to canstitute residing in a park can be constitutiona~ly sufficient without drawing absolute briqht lines. One must presume for the purpose of this analysis that any ordinance adopted would not be enfarced in a discri.minatory manner. Thus, we con~lude that a neutrai ordinance may be crafted to accomp].ish the City~s goa~s as defined above. Such an ordinance would and must apply equaily to aII persons attempting to camp in the City's parks or beaches.~ = SI have ~ttached a copy of Los-Angeles~ ardinance whiah prohibits camping on Venice Beach which we abtained at the suggestian of the Task Force. It does not suggest any particularl.y novel approaches and, as ~rou can see, woul.d not accomplish the City~s goals as I understand theni. CH:ch A5t3.CH ,- ~ _~ ~_ _- - - -- - - ~~_ -- - -,-- -- _ _- --- -- _ V_ ~_ y P'~T ~O B~ PU8l~SH~~ : ~ ~~r aF~rc~Ai ~~~~r~r~ ~ ~ I~1 THE COURT ~F APFEAL 0!~ 71~ STATE 0!~' CALIF4RNIA ~ , ~~~ FIR6T APPELL~-TE DI5TRICT ~~ ~ ~~ ~ nIVISION FIVL r. bAN FR~-NCISCO COALITION ON H~MELESSN~SS •~ tl., Pi~intiff~ aad Appallet~ts, v. CITY I~ND CDUNTY OF 6AH FRAHCI6C0 et •1., Deferidants a~d R~~por-d~nte. i . ti[TR4pvCTt4p f~8 ~ 019~~ Co~et oi ~vp++~; . ~~nr ~-v~P. Dut. ~ow a a~rwow ~r ~~ ~ - - o~t~rr J~053918 CitY ~ Coun~y of ~en l~ranci sco S~p~r. Ct. po. 9247Z4 / asn ~~sr~ci~oo Coali~ion on Natne2ee~n~ss (S~COH) and - two coplsintil~a ~ppeal fram aa order deayinq s gralimfnory irijun~tion whieh would en~oi~ th• Ci~y anQ County of San Franc3~co frore prever~tiriq hom~less p~raar~s frorn alee~ir~q ar rrst3nq in pubiic park~ duriri~ the pende~ey of ur~darlyl~g lit~qation fr~ which 6!'COH con~and^ th~ City haa ~ailed ~o provi~e the homelosa with *dequat• ehe~ter~ t~e ~fti~m. I I . BACXGROT,7pD Thi~ liLi~atian ~ris~a out of e Deciaion by the Mayor o! ~an ~rancieoo ir~ July 14d9 tc ailow home3~a~ persaas to camp in Civic Center Pla~a pendtnq ti~• prav~aian af ~hait~r in *i~u~ti-sar~ic~ Cer~tece." After the Mu~ti-Ser~fce Cer~ters ~ op~n~d in July 199D, th~ Mayvr t~rmf~atsd th• campinq pvllcy dnd ordered enloroement of ~tat• 2~w ar~d io~sl ordiner,cas prahibitinq ~ar~ans fram "lod~inq~ in public piacs~t wi~hout I _ ...,,_..~,...._ . . . , ~ ~ . permissian (F~n. Co~e, $ 6~7, ~ubd~ (i)}, c~mpiay in cfty parks ($,F. P~rk God~~ ~ 3.22y, a~ aleepin~ in ~i~y parke batween the haura vf ~D:CO p.n~. en~ 6:C0 e.m, ~S.F. P~rk Code, ~ 3.23~. On Octo~,r Ii+ 1990, SFCOH ~nd yariou~ coplainti~f~ ~i1Qd th~ preaent clsss/tazpayes aCt.~.Otlr aeeki~q to er~~ain trie City from arre~tinq and prpee~utinQ homele~e per~oaa ~or ctmpinq in public place~ until ~h• City pra~idaa ~-dequet~ shelter !or th• hom~less. 8F'CCK ~lleqas ~hat tne tsilurv to pronide $d~qu~te ~h~iter i~ a vfolation of Welf~re end Ins~i~utiaa~ Cod• sactian I~00~, Whioh raquires the City ta ~relisYa end su~~art" the indiqent. S~'~4Ii subaequ-en~ly rn~vsd for ~ preli~ninsrY ir~ junctioa which wouid en~oin ~he City trom preventit~g homeieaa peraone ~ frorn Q1B~pinQ ar r~stin~ i~ pub~iC ptrk~ whii• th~ litiqation ia pQndinq. The caurt dent~d the motion without carnm~~t. ~rt. ~~sc~rsssop The ~ssue pr~~antQQ f^ wh~thsr thc trial court abra~~d it~ df~cretion in dsnyinq a pr.liminary fn~u~ction, t~n v. geerd af Su~ervisnr~, (1985) 40 C~1.3d 2T7, 286.) Tri~3 cour~s must sva~uate t~o lactors ~hen d~cid3nq whether tv iseue ~ pr~liminary injuectioa: ~~) th• inte~f~ harm th~t th~ plalnti~fs are lik~lY to ~ou~tein i~ the injunctior~ is danie4 as comgare~! ta the h~z~ ~hat th• def~nd~nta are Zikely to rurtain i~ th• ~r~~unetiar- t~- qrar~t~d, and {~) th• likslihood th~t tY~e pleis~tifl~ wiii prevall ~n the mer#.t~ at tr~a1. xf, ae hera, tha tria~ jud9s denie~ tk~e infunctian wi~hau~ comrn~nt, it 3e inferrid on app~el thaE the 2 ~ _ - _= w=v __ _~ _ ~~~ - __ _ - ,~ _« ~_- - - -- -- -- -- -- ;~ ~ ~ ~ ~ ~udqe determir,ed the plsintiffe laSi~d to estiafy sither or bath a! theae factors. {~~~a.~l "Cn appeai, the ques~ion ~ecomaa whethec th~ trial courf abu~ed its discretion in rulinq an hath ~~~tare. Ever~ if thr eppailet• ca~rt ffads that the trinl court sbuasd its ~i6Cretian a~ to one af th~ f~Ctor~, it neverthaiea~ may affirm the triei caurt•~ or~er f~ ~t linds no sbuse of discretion ss t~a ths othsr." ~I,d1. ~t pp. ~S6-~Sy, emphaais in oriqinal,) The order "may be e~firm~d i~ either the baZance-af-hardships ~n~iysis or pieinti~~a~ likelihcad o~ success can~cidera~tiona wauld alcn• ~uppoxt the rulir~q." (~4 v• ri0~tili~ ~ii~L~~ ~3 C~1.3d ^t p. 1Z27.y The brie~~ in the preaen~ cese aQdresa both factar:, - Ki~h p~rti~cUiar ernph~~ia or~ the plaiatiffe' likelihood of ~uacass. w~ eonclude, ~io-*ever, that th• balancs-of-h+rdeh~p~ tactor alan~ supp~rt~ the tr#a~ court ru~inQ. Thu~, aQ ehaii affirm ~hs ord~r fa~ Kent af an ebuaf o~ ~i~ar~tian ~a tp the balence-o~-hard~hip~ factor, without hevinq to d~~ermin6 KMether the court ebused its di~aration in aseeeafnQ the pl~iat~ffs~ lik~lihood o~ euee~ss. si~COH ~rqued below th~t ~he h~me~ase wilZ ba hermea by denfe3 0! th• ~r~~iminary injun~tivr~ ~~o~u~~, if they ar~ not permftte0 to c~mp in the ps~k~, they will be for~ea to ~fvQ `in ~ l, In aonCra~t+ if th• ~ud~• •spreealX r~li~s oa onYy ons tectar, on a~peel the reviewinq caurt muat datarmino whether such rslience cancius~ve~y sup~crts the rulfr,q r~~ardlese af the rernairiinq con~ideratia~e~. {~ v. ~g~,~g ~i~s~~ ~~ c^~.~a iai~, rza~-izzg.~ a ..~.......~~.-,. ' ` V ~ .~ conat~nt f~ar o~ arreet, ~arced ~o cona~ently ba 'o~ ~he mova,~ •v~n •t n~qht, not able to 21ve in qraupg which provid• aalf-prc~action and unable to atay in cne place triey call 'hame.'"2 These pointa h~Ye rnerit. ~bviaua~y the glt~ht of th• homeles~ woui~ be ~ssed a bit i! thay ~ere permitted ~o c~mp in publi~ p~rka. ~ut ~h~ City pr~s~ntad corngeiling ~vi~enCB. in tl~e form of a~claretiar~a by two pciice c~ptain~ ~nd a cfty gardener, that prior carnpinq in the parka, both ~uthori~eQ end unauthoritad, had ciu~ed e~en qre~ter harrn to ths City bp resuitir~q in ~he pro~ound dsteriorstion of th~ parka, p~rticuYerly Civic Center P~~z~ an~ Goiden Gate Park. Palic• CeptaSr~ Denni~ l~er~e~ describsQ Rome at the •tfect~ of th• tompariry C~mpiaq po~icy an Civic c~nter Pieza: "Tb~re r~~s always e iarqe eccumui~tion o~ qarbap• at Civic C~nter durinq th• ancarnpraent. sscnuse af thr dar~qrr~ poaed by tbosv encampe~ at ths Civic Ce~~er. xs wer~ called upcn ta secort City Q~rdonors t[~ro~qh Civia Csnter mhiie th~y perforM~~ ---- ~„ - -- ~. Th• Cfty ciaima there ha: be~n eo shor+inp a! harm to the thr~• plafntilia whD sxe pro~~cutin~ thi* app~~l -- BFC~H, Nomele6R Tn~k Force ~nd Mich~el Cullinan ~- bacau$a Culiinan obtain~d housiAq bs~ars ~h• motfo~ ~or a prei#.rnir~sry injuncttoa w~s liled, and th~ r~cord does noE iC~qt3~~EYp dC~fnC th• ind#vidusl mombfrship of th• tWO otQaniss~ior~al ep~~llsnts. Ko~~var, e a~claratiar~ by 6lCGii'a statt coordfnator ~rt~t~~ that 6i~GOH's membership alwsys iaclude~ 'curr~t~t" ss w~ii s~r fasm~=ly hom•1•:s irtafvi~uels. sirni~a~~Y, ~h~ compisin~ des~rib~a Homries~ Task ~arc~ as inciudinq "eurrsntly homr111s1~" p~rao~s es ~s17, Aa thos~ who hav~ ~~nanaqe~ _ to lind ~raergency dr psrmenent hou~ieq." Thus, ~hr t~+o orqanizational ~pgellsnt~ adequdt~ly d~cno~atrat~d that the~r WB~s ~~akinq infunctiv~ rellwf which wot~ld fnure to the bsn~fit o! at iesst sv~ of their moa~ibers, ~hoae whn wrre eurrer~tiy bornelea^ ~nd had aot obtain~d houeing. 4Bes qen•ra11y ~OtltitY of 6an Luis bbi~ne v, 1wbelns~e Allia~ {1986) 17~ Cs1.App.3d 8~~, eb3-a64,f ~ ..-ww~+M• M ' . ~ ~ ` f Y , th~ir dut3ee. Thaae e~t~~m~ad ~t th• Ci~iC C~nter freq~ently urina~ed in tha puhiic arsas, evsr- while tharr were port~b~e tvil~t~ aveilabla.' Aolice Captein Char]ea ~. Hoenisch ~e~c~ibed aimii~r efEscts a~ cam~fn~ an Goldea Gate petk; "SecBu~~ ~f th~ prable~n~c caue~ed by peracne campinq nnd eleepinq averniqht in Ga~dm~ Qate ~ark, I~requent3y visit~d Gol~~r- Gat~ F~rk to observe ~hese probiems firat hane, Freguer~tiy wher~ we di6covered aomeone who had campad or slepti averniqht ir~ ~he Aerk, We would also diicaver ~e~al mstsriai tn th• camp af~e, as a~~xl ap syrinq~s. Othsr park u~ers ~~eo compiain~~ ~h~t tha~~ typ~t of th• [=iCJ p~Oblema intarfsraG with th~ir u~• ~nd en~oyment a~ ths park~. A~diCioneliy, tnd3vidual~ arrs~t~d !or = vio~~t3a~ the Park Co~• ~romatimrs were ir~ the possesaios~ a~ kniv~• or othar a~apanr." ! For~rnan Garde~er Kev~.~, shea painto4 ~ particularly biaak pictur~ oL th• s~t~et cempinq hsd on the public parka generally: "Frsquent~y~ I havs ob~ervad tria~ thos• campin~ 8nd lodqln~ in City p~rka ~ra under the influsr~ce o~ ~~ctihol ar aru4~. Oftes~~ wh~n theY ase und~r th• influanc• of theaa eub~tances, th~se persont phyaically threat~a R~creatior~ and ptrk Depirtment work~rt aa0 p~rk usar~. In ~ame ct~s~~ ~epartment e~ployeea h~ve ~c~uaily be~n s~taeksd bY p~raon~ G~mpina en~ lodqia~ in the park~, x~ave aLe~a sser~ thee~e = perraar attack ~ach other. ~~3 The cernpsites o~ ~hesa geraona cav~• ma~or horticultural dama~e to the pe~rks• pian~s. Tnis csmpiap sctivfty h~• etu~e~ i=cesal,Ye erosfo~ ie our parks and S --... ~..~ - --. . . ~ ~ has crsata~ uneuthorized patha. ju] Tho~e oamping Sn City ptrk~ of~~r~ h~v~ bttilt Ctmpfires. Theee caMp~iree have etartcd fSr~t ir~ th~ pirk~ requiriay Eire D~partrnent re~ponse. ~q) Cle~nirid up end heulin~ away the parbeqe qenerated by theae ~~mpfnq aad lodqin~ activi~ies are ~ ma~or pro~lem. One cem~~ite •lone qenara~ed appro:imste~y twa tons a~ qerbaqe. t~(~ Dru~ paraphernalia, particul~rly hypadermf.c nesdlee, Ielt by c~m~sY~ pati a ~iQnific~nt haalth hssard to park work~r~ ar~a ths publ3c. Theae syrinQes have bean fdund in Chi~aren~~ Playqround ea r~~ll ~s several other are~~. P~rk workers have pu~fered aeedla pricke from the~e syrinqos, which e:pa~es them ~a v~rious ~ie~is~se, i~c~udinq hepe~titfa a~a stsph infections. Perk workers ~u~~erinq ne~dl~ pr~Cks ara requirsd ta receivs = hep~ti~i~ sho~s. ~~(] ~'sca~ ~na urine ere fraqu~r~tly faun~ at thr c~mp~ite~. Clee»up of f~cea ar~d urine has zcquirad spocial ciothir,q ar~d equiprnent to 4es1 with th~ he~lth ~hre~~ ~o ~o~rke=s. {S] 1~umsrau• bra~k-ins oi Rocsesxiar- a~d P~xk Dsp~rtment bui141nqa hav• be~n tracea to p~~~vr~s campinQ in City Parks. ~-lso, autamabile braak-ias and au.marau~ taoi ttiefts have been traced to ~h~e~~ campers. L~~ '~inally, ~or-~~a~n~ d~f~catinq ~nd urinati~q by thoae campinq in the parka h~ve ~iq»ili~~n~ty raauced park ue~a by thr qiner~l pubiic." Thus, th• City demonstratsQ ~h~t c~mpinq in the parks hed C~vsad seriou6 pubiic heaith an~ ~~~ety prob~ema,-wriich = xoula hsve recurred i! the prelimin~xy injuactio~ ha~ issuea. BFGON in etf~et canc~~es ~tie~~ probieras, ~ut caater-d* thap can be ~it~g~ted by "psovidit~g Cookin~, toilet~ ~+aahiRq and ~arbaqe 6 _ _ r ` ' _ _ _ ' ~ ~ ~ ~ _ ' _ _ _ _ ~ ~ _ _ ~ _ _ _ ~ ~ _ _ _ _ ' _ _ ..,~~ .-- __ ~ , ~ facilities~ xor homeleaa paoFle ~ncampad in tihs ~arks, end ~throu~h thQ e~Farcemen~ af other vaiid eriminal a~d henlth nnd ~~l~ty ititu~ei." Ths lattar ar~ument ia, to ssy the least, Q~sinq~nuot~s. Li~r lntoreement f~ no more a panscea ~cr ~ehavfor aU~~ e~ phyaical aaadult and public defe~~~ion th~n it is ~or othar crimiaa3 beh~v~ox ~uah e~a tneft anQ xahbery, To aey tha posice cen arxeat home~~~~ persons who camrnit crfinea in psrk ancarnpmsnta is one thinq~ ta prev~nt such criminai beh~vior ix+ t3~~ ~irst plsc• i~ quit~ aaathsr. Moreover, ahat SFC~H propose~ is th~ txeris~orroatfon of th~ C~ty'~ publiC p~rk~ into ~emi-p=rm~~ie~t ~ampsitae, in elfact e takepver by ths hom~lesa. ~ivic Ge~tar ~l~za in ~ pertieui~r, wriich occupi~~ a reiativslY srnsli sit~ fn ths urban cant~r o~ tha Gity, ~rould b~com~ ~ha axc3usiva dama» at the ~vmelve~ paraans oncamped thera, ~a ~vas the cass durinq the City's temgorary campinQ pclicy. ~l pub~ic plac• ~vouid ~hereby bs iost to iit ~~h~r p~rson~ wha ~iv~ and wark in th• ar~~. IA shart, ths city d~moAitrat~d that 3t w~ul~ hav baen harmsQ by issuanc• o~ th~ praliminary ir~~uncttor~, iri th:t the pro~cund det~rlox~~ior~ a! public p~rks that ha4 xsault~d tron~ c~mpinq woul~ hav re~urx~d. BFCOH~~ onir proposea ~al~klaa to th3• problom would ir~ oflect risult ir a oon~pl.t~ loss of public spsc• far uas by ~22 p~rsor~s orho 2iv ar work in ~ ~he City, o~her than ~he homel8=t. Th• harm to tha homelee~ frorn bein~ deprived o~ cacnpir,q space ~a taaqible, but the herm ~o the Ci~y ~rom c,~dfn4 7 ~ ~ ~~T~ ~ ~ the pubiic pa~rka to harneleaa c~mper~ a~auid be just as real and would affect a E~r qrsater numl~er c~ paople. T~ua, the triel court did Aot sHu~• its di~cratl~n !n impliedly caac~uGinq thati ~h~ ba3anc• of Kardahip~ ~rsfqh~d ~n favor of the City an~ ~qifnat requirfn~ ths City ta allow tha t~or~~i~ss ~o camp i~ th• p~rk~ whii• ~hfs iaasuit i~ pen4inq. Heeausa th~ bilar~Ce-of-har4~rifp~ ttctor alane suppoxta ths arQer ~enyinq ths p=ellmin~ry injun~tion, wv multt ~E~irm rsqtrdles~ o~ th• pl.~iatif~~' likelih0od af Qrevmi~friq on the mirite~. (~~ v. ~~g. eu4rs. 43 Ca1.3d ~~ p, ~ax7; ~g~g~, v, ~„~ ~p~YVi~crs, ~uQr~. 40 Ca1.3d i~ pp. ~85-287.) We th~refot• need r~ot address~ at thi~ emrly paint fn the litiqation, 6~'COH'^ arqumsnt• a~ to ~ik~SihQad a! su~c~ss. IV. DISP46ITION :~h• ord~r ia ~t~frrn~d. 8 ATTA~HMENT III F1ICHARD9~ WATBGN S QEI~SFiQN ~Tro~wrcv~ ~r uw ~ l~1loMrra.~ aow~o~~.~w NM ~L MM7'~fl11 W ILL M M K iauMl~ ~ A T ~ ~4~ ~ ~MOM ~K R~A 1lMANM fYy ' ~ ~ ~w ! +~L%p f a.e e wr4~ ~ 4Mi~~A , M++r wa rd ~- ~ /I~ ~ !~! t /~IM/1T 1bMM rMIM~ ~ L GiO~Y i11erM~ ~rMM ~" ~ R~~ ~~T ~L ~AM e4A ~t aOLO~~ ~ow,-. o~ww. LA+ArMGS ~ M~IOR 199 2 rr,r March 19 ow,~+o. ,~ , ~ a srr~ns , , a,~rr+-+o~~ R.n ~ ~s+~n~ :+~r w w~ ~r ~ si r~.~ ~ew~n ~ .waw~~ I~OFMi~ ~OFWYf~ (9~fMq 717RT1"~OFfT1~1 r "'"_'~ #/~~ ~OU7'M hIO/i ~TP1~r LA/ ~NO~N OALI~OM~IA iM'11•~~ R4~ ~++M ra.a~ar~ a+~p ..~e~r. 1a~oeao ~~~~ ~ YIA TELECOPY ir V * $, ?~AIL John J~-~ i I i City Mnnaq~r city ot Santa Kcnica 1675 kain Stz~e~t santa Mvnica, californf~ ~040~ Re; Encam~ament ordi~ancas Dear John: 87144-01000 You hav~ r~quested th~t ~ prQpare an ordinanc~ prvhibiting parsoni trom rgsidinc~ in Santa l~onica parks and other publa~t plac~t (haroatter collQCtivaly raf~rred to as "park"). You hav4 requs~tsd th~t tha ordin~nce etddrse~ th~ pr~blQm by rtqulating th• qu~ntfty ot "stu~f" a p~rsan can brinq fnto a park and the amourit af time trhich a parson may remain ia a- park. Yva bava a~so raisad a cor~cQrn about peopie 3eav~nq peraonel balonginqs ir- the p~rk ovorniqht. Our drett ordinanoa doa~ not spe~itic.~lly addres~ thi~ is~uG. civii ~od• section ~Oeo, ~t s~. ,^ets forth a comprshQnsiva erchema for dealing r~ith lour~d proparty. The city cauld adopt a pracedur~ to callact and dfspoe~ o~ ~ound property pursuar~t to Cfvi]. Code Saction a~80.4. You mey al~a want to consider an ordinancs that prQhibits starinq p~r~ona~ bslonqings in th~ park b~tw~er th~ hours of 12:0~ a.m. and 5:00 a.m. ~tha o~ma hours tha M~nicipal Cad~ prohibitd 6~e~ping in th• park~) or axprssaly makas ittms l~tt in the park durf.nq th~~• hours eub~act ta ~~~tova3 and atax~aqa by th~ City. #~ICNMDi~ WA~'#ON ~ D~R~HON xa~ ~~, t~~a Paqi ~ Th~ a~tach~d dratt ordinanCe prohibitr usinq the park !or livinq aaoommodations which fa detinad as poasoa~inq or storf.nq personal belonqing~ ir~ a park ~ rema3ninq in th~ park for prolanqad interva~ls not ordinarily associa~ed ~ith park us~a, whare it appaar~, in Iight vt all th~ circumstanc~~, that the parscn 1~ li~inq ir~ the ~+ark. The ardinanc~ ~x}~rogsly a~lows the City ta designat• a part~cu~ar araa !or a temporary sh~ltor or n campqround. I xart to make some qeneral aamments about tha ord~nance. Foremost. ~s r~e df ecu~s~c! in aataEil in aur Mar~h 5 ~~morandum to you, ar~y ordinan~~ requlutin oncanpm~n~~ that strays i'rom the II.B. Park 3~rvi.as~s modal ~~ suspact. Thres courts, inc~udir,q Unitad StataB Suprama Court, hav~ uphold the Park Sarvia• rigulation ~qainst vaqu~nsas and othor constitutional chall~nqes. Acaord~nqiy, it is th~ most 1iga11y sa~e mod~I. Far your aor~vanierica, F encla~a a cagy cf th~ tader~l ragulaticns oont~ining th~ definition aS ~campirig.~ By adoptinq th~ Park SrrviCe'~ d!linitivn of camping, the City osn e~faativaly prov~nt anaamp~me=tt~ in tho parks. Whi~s ~e emphasisa th~ bansf~ts o~ adopting the Park -- Sarvtce's requ~ation bacaus~ it haa~ survi~sd caa:titu~ionai ~cru~iny, w~ do nat suqga~t th~-t it is tha only ],~qaily aac~ptabls ~olution. Howev~r~ a r~yf~winq court c~n obviously mors sa~i+y avarturn an untestad ordina~nce. ~n draftinq thia ordinance, va hav attempted to minimi~a the ].aqal ri~ks but still be trur to th~ City~s qab~s. As discussod beiow, this ~ ra~uZts 3n aartain aompromiiss. our bssS.e pra~mfse in prepsrinq tha ordinanca was tha~ the City wish~d to prohibst 3rYdfv~dual~ from takinq wor part~ of tha public parks as a kind of privats reaid~noe, the so-ca11et1 anca~mpm~nt problem. Ganaral~y speakinq, encampmant is accomplish~td by tt~3nq por~onal balo~gf.ng~ to '~stakG ou~" turt. Thua, ths or~inanc~ bot~ prohibits ~h~ ur• o~ the perks ns "livinq secommcdations* nnd relies on thm usa of g~rsanal be3anginqe a~ art important 3.ndicator af whath~r tha p~rrare i~ usir~g ths park as a iivir~q acc~qdation, ~o ~tatva nat exprsooly 3nc~uded "slo~ginq~ ~s part of tha ~latinition babause this appsars to b~ art ~xtr~~y controvarsial prahibftion ir- 6anta Monica and is not-assantial to -- tho dafin~.tion. Hawov~r, s1~Qpinq or m~k3nq prGgarations tv ~l~ep, like iattiziq out bodd~nq, is an ~utcallant indicator that a ~ psr~on is livinq in the pnrk. Tha draft ordinanc.o raquir~r a contsxtual ar~alyii^ af t.~i~ cir~umstanca~ to d~tarmina that a peravn is liv~r~q in th~ park. Thus, thoure charged xith the anfaraam~nt of tri~ ordinan~~ ~ay ~~tZ~ ua~ il~epirtg a~ on~ of Y~IOFW;ai~ WAt~oN ~ GEI~MON Maroh 19, tA~2 Paqs 3 sovara~ lactore that lead to the canclu~lon that a parson is ~ivinq in the park. Tb~ ardin~ncs doss not ~~tab3ish a spec~fic quantity "o! ~tuft" that i^ prah3bitsd. Althouqh w~ s~rfou~ly considarnd such a limit, we conc~ud~d that iim~tirtq the amount of pa~so~rior,s a p4rson may aarry into ~ park ig probably ov~rbraad bocsusa it will prahibit innoeuaur canduct. For axampl~. aports equfpmar~t or picnic qoods may ~all within the limit• but do not indicate ~ par~on i~ rasidinq in tha par7~, 11 l~it on the quantity may also ba und~rinciuslv~ bacaua~ e parson w~th parsor~al be~onqinqs i~ss than tha laqa~ limit couid st3i1 spr~ad his or har balonq3ng~ aut and claim a pi~ce o! tha park. It apposrs t~tr eity wanta to address tha probism o! paopl• ]arinqinq personal bolonqinqs into thi park to s~t up housakeepi~q, rsqardless ot the quantity. Thus, w~ focua~d th~ ordinanee on prohibitinq th, ~tora-qe or posseasion o~ personal balonQinqs +n connaction with u^inq tho park for ~iv~nq aoao~ama4ntions, Mera poss~ssiari of a substantial amcunt of peraanal b~lanqinqs doas not constitute a vicl~ttion. -- 3"he adv~ntaqa to addinq the time alemant is that it moro preci6a~y de~in~s ths behaviar that th~ City wishes to grohibit. It narraws tha tiald at po~ential vfalators to thasa who remair.-in th~ park !or prolonqed ir~tervals with pereonal balongings ordinarily associatasl ~rith hous~keepi~q. _~ cartain r~~peata the nddit~onai tim~ elsmu~t mek~~ th~ ardinence mora vaqua and thus mori vulnerabl• to a constitutianal chali~nq~. Th~ only way to avoid this weaknar~~ wou}.d be to desiqnat~ a sp~aifia amount af tima (~.q. no ona fs parmit~ed ta etay in th~ park =or mora than 8 hours~. For aIl t,he r~a~ona discu~a~d at tha ~anvarp 21 City counai~ h~aring, a ~pocifi~ ~init on th~ amouist o! tims wau~d b~ virtuai~y unanforcaabZi. In ordar to anforce a spscifia tim~ limit~ tha City would bave to prove b~yond ~- riasanab~e doubt that n peraon t~ns continuou~ly p=e~ent in a p~-zk for mors than th~ proscribed period oP time. Th~ City would nand wi'~ngsse~ ar oth~r credibl~ ovidenca to prov~ n via~atiaa. The pra~tic~l r~ality t~ that, although th~ op~cilie ~ime rsquiram~nt saams v~rtually'imm~s ta -- an attneX Zor va~quanaso, it ~rould b~ ~xtrimaly di!liault ta prossout~ ~ violation. I~l1pF~l-pa~ WA170N ~ GElMNON ~iarch s~, s~9a pag~ ~ B~condly, avan ~rhara it c~uld ba eniorced, a~pocitic timf Zim~.t wouZd not hava much of ~n ~ltect an the enca.mpmont prablam s^ th~ probl~m ~~ d~soribed in tl~s tastfmoay at tho City Coursail haarinqs. ]lrsy r~asonab~~ lanqth of tim~ wauld nsc~~sari~y p~s~m~t a persan ta accupy a gart ot a park, with a7.1 his vr har parsonml b~lonqir~qr in tow~ for thw laq~l lisit evsryday. Thu~, at boet, ~uch a timt lim1~ would r~iqhtiy d~craas~ ~ncampms~tzts, r~ot pr~v~t tha~. Ho~~v~r~ th~ dratt ard3nanc~ is marqinally aora vulnerablt ~c a vaquaasaa c~a13~nqe bec~~e 3~ f~ nat absoZut~ly preeise. l~ls discuss~d in datail in the March 3 mamorandum, courts do not 7raqufre exaCtn~~s, only raaaon~bl4 cortainty ur-d~~ tho circumntanoas. Accord~nqly, x~ b~~~fvs that t.he ord3nance would lik~iy ~urviv~ a con~titutional chall~ng~. ~atevsr crdinance ~h~ city choo~~~ to adopt, ~~-ant to 6tress th• importana~ ot dov4lopir~q a good, detail~d ouppartfve recard. A~ discus~~d in our March 5 momorandum, tho r~co~t unp~bli~hed dac3iion by the lirs~ appoilat~ distr#.ot ~ves baaad vn an ~na].y~i~ o~ the fact~ which aamp~l~ed Ban Frarjcisca~s deaision to ~nlorc~ ita "na aampir-q" laws. In Ban Frnnc~~co Goalftion an He,ne~,~`sriass. et a~* V, citv and C~u~tv ef Bdn F~~,rcf~ce~ Cae~e No. A052918 (I~t Di~t.~ Fabx~uary 20, 1992a (unpubli~hed~, ths oourt re~Li94d ~O issus a tamporary r~straininq ord~r t,~hat ~rauld havs prevento~ the city ~rom anforcir-q its "no aampinq" Ia~. The court's decision vna baead ~srq~~y on tha city~s evidena~ that th~ enc~ampmant probl~aa Qevar~ly drqrad~d thr parks ~nd prev~r~tsd tha pu]~13c from usiaq th~ pa~lu !or ths~r i~standad puxpose~. The xrcord Contained con~iderable ~vid~ac• (n-os~ly in tha form a~ tartimony by polica and park amployaaa) t,hat th. pacpl• anaampad in th~ parka wsr~ qonsra~ting ~sce.sstvs trash; urinatinq ~~nd d~t~cati~tg in th~ parkar bringinq and sailinq drugs in the park~ laaving hypodermic n~a~l~^ an th~ qround, includinq ~n tho childr~n's playgraund; and upravtinQ th~ plants and grass, Thia kind of detnilsd av~denoe shauld b~ document~d in ths ataff raport and •s much ~upport~~g te~t~many as p~oo~.bZo ahoula b~ presnnt~d at tha h~ring bafora tho City adogt~ an ardiann~e. 7.'hs taau~ of ~ha ts~timony ~hould ba th~ impa-cts on ~ tha park euYd t~E d~s~r~ ta r~otor~ tha park ta f.t~ is3t~r~ded u~e~, not on the homala~s or potential violator^ p~r s~. ~n s~dit~on, as w~ discsis~*si ~n tbs t~l~ephor~~ yQS~arday~ ths adoption of an ordinanc~ may b• a project under ~'to CaJ.~fa~nia Envirar~mentai Qual~ty Ac~. I4 CaI. Cade Req~. ~ 15378; Tarbin~2 plaza Coro. v. C~~v arid Countv ~~ S~~ Fr~ncisco, RICw~wos~ WAT~sOF~ ~ OERaNCN March Z9, 199~ Pags s 177 Ca1.App.3d SS2, 904 (S98by. You indicatsd that you vould r~t~r tho ardinasrc~ to th~ appropriata ~taff m~-mbars for th4 anvironmental raviot~. ~n ~um, wa r~commsnd that th~ C~ty adopt an ordinance basad on tha Park S~rvica~s roqulat~ori. Thi• f• by far tha bn~t appraach becau,a ft ~rill eoiva tho problam, f• ~nfara~ablo and haa already baea upheld by th~ courts. ]11~~rnatively, WE have d7r~ftsa tha ord~nana! you requs~~k~d epproachinq ths proh~em by facusinq an th~ r~qulation a! par~anal bslonqinr~s and th~ lenqth of tim~ op~nt in the park. we bolleva that tbe dratt ordinaaoa is arifarce~ble ~nd w~thin tha bounds of tho Cor,stitution. Th~ additfon a! the tfma elemsnt makoo the ordinanc~ a litti~ mara lenient but nYoo more closely addrssass Lh~ probltm the ordir~ano~ i• d~~tgned to addraas. B~aauia it dasa rot ~mp2oy a,spea~.~ic amount at t#.ma, ft is mara ~ulnerabl~ ta a vaq~,eneo~ ehaii~nga. Pi~asa l~t m~ knoat if ~ra aay b~ of furthor assistanoe. I laak forward to h~aring lrom you soan. vsry ttul aurs, ..~' Strv~n L. Dara CH: c~h »~aioo.nr ~~ i , ~ _ , i t ~ . i ,: - ,, PSI'~, FOTBS~, aIl[~ Pu~lic Property ~ ~ PARTS ~ TO 199 Revi~td aa ot .kuly t, 1991 (h) ~fc~tinR ~o~Li~ ~ d~~ 1r~ s1it+. mou~y. ~;~ ar NMas prohSblted. c u Chmp~nv. ~ 1~ c;ampia~ L d~ y the Ust of park ~ f~, ~~ ~ ~otn~odatton purpp~ ~h ~ ~~ In~ actlvfties. ar au~fng Prepsrattona to sleep (lnciudir~ the I~Y~ de~va o! bedding for the y~ ~ ~~~~, ar iLOi~s~ Der~Oaal b~~, or rna3cfn; znY fite. or ~atti~ ~' ten~a or ahelter or ottf~r atrt~etux~ o~ ya~~ [or veepia~ or do1a~ ~y ~~~ ~, ~arth brtaltit~ ar esrryla; pp activltiea. The aboValfit~ ad1~ r eorsitttute csmptn~ ~vh~n lt reaso~sabky aPF~~n, ia 1#~ht o! ~11 Rhf o~rc~. aur,ces. crut the aart~ei~~, ~ ooa- ducttri~ ~heu act,fvitia, as~ ~ ~ u:in~ the are~ ~a ~ Ilvirig a~o~~++~. tion re~ud]iw ot tbe iat~enz at ~~ partltlp~nu or th= n~LU~ ot any vt~'sar activitiee ta whlctt Ehty mr~Y al~o be er.~~dtt~. Camyiu~ !~ ptrmiLtb on2y ~s 4reaa daslsnated by the Bupsr. tntendent, aho masr ~~~ ~~ tions pf tiime a]lovv~d t~r ~~ atiY Aublit c~smP~s'ouAd. ~qoa t~h~ P~~n~ Df auct3 11~lt~iti0~ f~i t~}3e c~prrfluna. ao aer~an ~h~1t a~my ror s nrrlod iar~er than that spsciiled for che p~rcieulu camPQrawid. cZ) Fttrther ir~totmatio~ pA ~~, ter~~ iheee rs~falaLiory ca~ 1~ i~d tn pa;fcy scace~at~t publi~eQ at 47 FR Z43~Z C~~171G ~. lg8a). Gbp3e~ ot the Dailry atatsmtnt~ auy be abt~d fram the Re~iorial Director, ( f I Saiea. t 1) No ~tles a$a~] bt msde nor adr~;asian iee char~ed ~efd no arti- cle miy ~e expoe4~d tor ~ ~~t ~ ~ermlt txcept as not~d Ia the ~oi~~, ~ Data~raphs. cZ) Tht a~lr or dlatribuLiao pt ~~ p~pers. leaslet+~, aad p~ph]~~, ~, ducud .v#Lhout the afd vi s~~ ~r attuatures. ia ailoaed !A vl ~ark an~ open tv tne ~eaetai publlo qlthpyt a peraut rxcept the tatl0aai~ ~taa~ where such ;~le or dlatributtp~ 1~ p~ hihlted• a ci~ Lincaln Meruariv ar~a w~i~-~ ~ oa t37r asme }evel or above ttw b~se of the iarae marble eolv.tasis ~u~ipyn~ the atrticLVre, acrd the si~3~ aer1~ 01 ~ubl! etatrs fmh,.~s~1Y ~4laoaat LO 1 aad beiaw that le~el, cltl Jeft~rson Memorf~i ~ ~. ciwed by the outer~ost ~e~i~ pt ool. ~ -~ r. .. ~.. . ~. - ~-a ~ iaiilrf~/ ~ Ievels ~n ~ ~ ~~ ~ ~W~hlastba Mon~uaent araa e;n. ttlO~ed IP~thfb Lh! 1ntn. n rottnda the Moaumetlt s ~ ~ti ~r. (lv) Tb~ l~Larior oi all Dar~ bs~d. 1t~, iYleludtar, bnt noy ~n,~r,~ ~~ ~ ~orttoaa oi #,be ~enn~y C~~tcr aad Ford's Th~at,te administsrtd bY t31e NastozuE gark eervics. tv) The Whtte Hotus ~htr~ arq boua~d oa sh~ aorth by H Btraet, ~» aa ~~ sautb b9 Co~titutioa Avas~tf. NW.: on the w~sC b7 l~th ~Lreai~ NWa a=id Wi the aRSt b7 lat.~1 ~~. NW.; sxeeat far I+afsyttt~ ~u'1C. tlie R1h3~! 8auee sidetvallc Ethe ~otith Pe~r92rar~~a Averiua, NW ~dd~. ~-~11~ bet~-eq~ S,a~~ uad Weat ~~cu~ive Avenu~) ~ad Lh~ ~,fpse. (vt) Vitt~am Veter+~a Mea~orl~ a,r~~ axtendEp~ to sad bourtslad by thc saut~h curb a,f Co~atitution Av~aye on ttie aolth. th~ east curb ai $~y ~t~ Drlve on the wat. tha nrn~ d~e oi #,~e t~arth R•nectit~ Poai ~. w~y on th4 south sad ~~lae draq~ ~'Dendicular to Co~sLlLatfon Awn~a t~vo htmdrad cZOG) ieet traza Lhe east tt~~hls~jt aia4 a~litte exttAded ir~t t3~e NsL aldr ot the WesterA aot~~ bord~t ot Lhe steps t,o t2te e~t pf ~ ae~tet rt~~a to ttie F~Bdaral Reserve ~,~~'~~ ~rt~a~d~ta~ to r~he Renecuz~q Pool ~Pa~`swa,~l, ca Z Tbe .ste ~ed al~t~ib~,uon of ~ ~ed~~locstto~i atarids i~~tt~d s A~'mt~ ia~ C~n'Wlt~id b~ the CHn~'it ~taua~el: AAd pr0~ided l~rrhtr. thiL th0 ~lated mRLtsr S~ ~}, ~iF~Y commen~~1 adverttsla~. muat set !o~ rth~tbe~ i~i~ ~~ ~t Caa~; !he nsme af the ors~nia,~io~. ti ~riY; the dats, ~+~,•~ ~~DA. ~d lnc~. tion oi the 3'aronoaad s~le or d4trfbu_ oa: and t13~ anmber ai Partfcf~aats. (ii) The C~eaera2 Dda~er sh~11. wltt~at~t u~ras,~o~s deu-Y. is~u i ~ta Dl~Oper it'~Dlicstio~ ~rr ~~ 1~DP21~t~ion !ar a petmlt o~ ~ ~me tlm~ aad lOCatlo~ ~a bata mad~ t~h~Rs+ ~ been o! 1o~W be ~nt~d at~d the ~ct,ivltie~ stliho~d ~- t~at Dar~nt~ do nat t~o~ lss ATTACHMENT III ~RDINANCE NUMBER (Ci.ty Council Series3 AN ORDINANCE QF THE CITY COUNCIL OF TFiE CITY OF SANTA M4NICA ADDING SECTSON 4202B TO THE ENCAMPMENTS IN PUBLIC PLACES THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 4202B is added to the Santa Manica Municipal Code to read as follows: SECTION 4202B, Encampment. (a) No person shall use any public space or public street far living accommodations, except in areas specifically designated for such use. "Living accommodations~~ shall mean~remaining in a pub~.ic space ar public street for prolonged intervals not ordinarily associated with public space ar pubZic street uses and passessing or storinq personal belangings, not associated with ordinary public space or pub].ic street uses (such as tents, tarpaulins ar temporary shelters; non-City designated caoking equipment such as camping stoves or partable barbeoues; cots, beds, or hammocks; or extra clothing ar athe~ persona~ items), when it reasonably appear~, in light of all the circumstances, including the quantity of belongings and other activi.ties in which the person is engaged, that the person is atherwis~ using the public space ar public street for li~ing accommodations, regardless of the person's intent or the nature of the other activities in which the persan may be engaged, ti _ ~ _ (b) For the purpose of this Sectian: (Z) "Public Space" shal~ include the following areas: (i) Any public park or public beach. (ii} Any public parking ~ot or public area improved or unimpraved. (iii) The Santa Monica Pier. (2) "Public 5treet" shall includa any public st~eet or public sidewalk including public benches. SECTYON 2. Any provision of the Santa Manica MunicipaJ. C~da or appandices thereta incansistent with the provisions af th~s Ordinance, to the extent of such incansistencies and no further, are hereby repea~ed or madified to that extent necessary to affect the provisions of this Ordinanee. SECTION 3. If any section, subsection sentence, clause, or phrase of this Ordinance is for any reasan held to be invalid or unconstituti.onal by a decision ot' any court af any competent jurisdictzan, such decisian shal~. not affect that validity of the remaining portions of this Ordinance. The City Council hereby declares that it would hav~ passed this Ordinance, and each and every sec~ion, subsectian. santenca, clause, ox phrase nat declared invalid or unconstitutional without regard ta whether any propartion of the ~rdinance wauld ~ae subsequantly declared invalid or unconstitutional. - SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the o~ficia~ - 2 - newspaper within 15 days after its adoption. This 4rdinance sha~l become effective after 30 days fram its adoption. APPROVED AS TO FORM: STEVEN L. DORSEY (camp42~2) - 3 - ATTALri~dEIIT IV This Attachment provides: (1) Identification of Possible Alternatives to Zoning Ordinance Recommandations; and (2} The February 18, 1992 staff repart entitled, "Recomm~ndation to Adopt Emergency Ordinance Implementing Zoning-Related Policies of the Homeless Task Force Report. A ~ 7AC~lh'EhT IV Identificata.on af Passible Alternat~.ves td Zoninq C3rdinanca Recammendati~ns 1) Cansideration should be given ta camUining the definit~ons of "senior housinq" and "sseniar group hausing'~ within a definiti~n of "~nulti-family housing~ for qreater ad~a~nistratfve c~arit~ and simplicity. 2} Consider amending the definition of transitivnal hausing to indicate that such hous~.ng sha~l be deve~oped in an individua~ dwe3.linq unit fax-mat, to c~ear~y dist~.nguis~ such ho~sing from shelters. Also consider amend~ng the maximum stay prouis~an for transitiana~ housing from two years ta three years to a}.low lonqer-term residency. 3) Cons~derat~an shou~d be given ta making shelters, transitional housing, SROs, and cangreqate h~us~ng permitted uses (rather than n~eding a Cond3tiorea}. Use Pe~cmit) in the C5 and Ml zon~s, since these are not sensit~ve residertti~~ ne3ghborhoads. A~.so consider making transitional housing n perm~tted use wherever multi--f~mi3.y housing ~s permitted, sinc~ this type a~ housing may b~ physicel~y ident~cal to ~uiti-famfly hausirg, differing on~.y in Iength af stay (which stili may average severgl years). 4) Consider whether shelters shau~d r~ire a Cond~tiona~ Use Permit ~n the RVC z~ne, instead o~ be~ng a p~rmitted ~ss. Consider prohibitiag sheiters in the R2 district. 5) ~onsider whether wh~rever permitted, shelters with more than 55 beds should ~equire a Canditional Use Permit, cansistent with the recaminendations nf the Task Farce. 6} Consider including op~rating ~tandards for shelters and transitional housing requiring that the operator screen residents to ensure appropxiste, safe and comp~tibie operatia~ of such fac~~ities. In addition, require that such facilities be aperated by a socia~ se~vice agency ar other entity ~ith a man~gement g~an ~ncluding, as applicable, traxning, counseling, - and treat~ent programs for residents. 7) To cla~rify the app~ic~bili~y of the heiqht bonus provisian, ame~d the orciinan~e ta provide that the section i~ not applicab~~ ta ~rojects which have already received a height hanus via any existinq zoninq Ordinance provision, s) Consider replacing the orc~inance provis~an regarding unit der~sity with the following: Affordahle Hausi~g Projaats ~aay be dev~loped vith ~ iocal density bonus equi.va~ent and in additian ta the atate a~ns~ty bon~s +~xcept where an eq~f vaZ~nt bonus is already provided for by the Zo~ing ordinance. 9) Standardize launfl~y requirements by am~nding Se~tion ~{d) by addinq "or services" after the word "Eacilities." 1fl) Allaw the frant setback require~er~t ta be varied by ~.ndiCating that th~ reqelirements af Section 6(a) may be altered ~y issuance of s variartce throt~gh the no~aaZ varisnce procedtix~es af the Zoning Ordinance; in addition, since this requirement is an~y generally apg~icable in the retai3 cammercial areas of the city, indicate that the requirement does not appl~r ta develapments in the BCD, RVC, Ca, CP, or M1 districts. 11) To make deve~opment standards internally consistent in the ordinance, chang~ Section 6{g) to read ~'(g) Landscaping, an-sit~ landscgping sha~I be ~nstal~ed and ~t~inta~~ed to the standards outlined in Suk~chapter 5g." 12) Consiaer a~zending the grogosed parki~ng r~quire~tents far SROs and Seni.ar ~aarket rate i~ousing to require 0.5 sgaces/unit for SRO hous~ng, and 0.25 spaces/unit for SRO housing d~ed restricted to low and moderate income households, rather than the i~iqher parkirig requiare~ent in the original stg~f repo~t, since ti~~se fonas of housfng have very low psrking generati~~ rates. A visitor garking reqairement far 5enior ~nd Senior Group housing (~aa~ket r~te) of ~ spacef5 units should be added to the requirements, since one was nat included in the praposed ardina~ce_ 13) To clarify the FAR banus, cansider adding the fol~ow~ng to Sectinn 8: "This section is nat applicab~e to projects which have a~ready received a FAR bonus pursuant to Zoninq Ordinanc~ provisians pro~iding a FAR bonus for projects whiCh ~nclude affordahle residential units. Ta the extent a pro~~ct qualifies for a densi.ty bonus ~nder state ~.aw, any bonus granted under this sectian sheil be counted toward satisfying the state density bonus requ~rement." I4) Consider amending Section 24 af the draft ordinance to pravid~ that a~aplicat~ons for grajects filed, but not eppraved as of the date the ordinance beno~anes effective may take advantage af the provis~ons of the ardinance. - 15) To al].ow affardab~e housing pro~ects which have already fi~ed applications tD get a refund of f~es, c~nsider adding a Sectit~n 3 to the fee resolation: nSection 3. Rssidential hausing projects meeting the requirements af Section i of th~s Reso~utinn which have subm~tted appl~catior~s but wh~ch have nat yet been ~ppraved shal~ be entitled to a refund flf any fees from which they wau].d otherw~,se be exe~npt gursuant to this Resolution." 16) Consider im~ediate adoptian of the resalution attached to the staff report e~iminating Planning and Zoninq pracessing ~eES f~r affordable housing projects. ~7) Consider directing the Planning Commission to review the draft ardinance as amended by the Counci]., and to conduct a pub3ic hearing and make recommend~t~ons ta the City Cauncil ~it~~~ ~0 days fram Counc~l action. The City Council sho~ld then conduct $ pub~ic hearing, cansid~r the Caiamission's recoa~nendations, and adopt an inter~m ordinance, and at the same time direct the development of a permanent ordinance. Adnptian af an interim ordinance is si~ilar to Cauncil ~ction Qn numero~s other p~a~ning issues, such as inclusiona~y housing, north of Wilshire area standards, Ocean Park sta~dards, Pacific Coast Highway standards, R2R standards, and other develop~ent regulations_ 18} Consider directing sta~~ affordab~e housi~g applicatians. tc~ admi.nistr~tiv~~.y expedite k/hameles3 LL]TM : PB • DKW • bz : hml ess . k Santa Konica ,~~ ~'-~ --.1 i a Council ~itg: February ~8, 2992 TO~ ~+layar and City Council FROM: City Staff SVBJECT: Re~o~endatiCn to J,dopt $mergency Ordinance Implementing Z~ning-Related Po~icies of t3ie Home}.ess Tssk Force Report x~onuc~r ox In December 1991, the C~.ty Counci~ adop~ed camp~rehensive reca~n~endatiar~s trom the Task Force on Homelessness which addressed a wide var~.ety of progr~~~tic and palicy actioris including recommendatians which were intended to pro~e-~tousing far the hameless, as well as a€fordable housing in general. - limanq the priarity recommendatians of the Task Force Repart were amen~ents to the City~s deve].apment regulations arid prccedures. Implementatian of the Task Farce's recox~endatians fs criticai both in the ~hort term and the iong term. Seversl pendinq pro~ects would be facilitated by implementatian of the Task Force po~icie~. In additxon, implementatiari of thie Caunci~-adopted repart wauld represent a 2nndmark action of the Cfty Caunc~l for affordable hous~nq deve}.opment which would mafntnin th~ Cfty's position as a leadtr in addressing the problem of providinq hou~ing for the disadvantaged. This report reeoma~ends adoption of an e~rgency ord~nance (Exhi.bit ~) imp~ementinq the adopted _ ~~ . policies in the Task Force's report, and adoptian of s resolc~tion .. ~ ,. exempting affordable housing projects f~om planning praaessing ~ees. BACKGROUND The "Penaar~ent Hausinq" and "Planning nnd Zoning~ initiatives [See Exhibit B) of the Santa lionica Task Force on Hamelessness: A Call to Actian repcrt, adapted by the City Cauncil in December, 1991, set fnrth a number of reca~mended changes to the way affordab~e housing projects are pr~cessed .in the City, and to the development standards of the Zoning ~rdinance affecting affordable housing. ~ ;, The Ci.ty has little control over some of the key factors affecting the development of atforda5le hausing, such a~ land prices, canstruct~on and ~ending costs, or the avnilabzlity of subsidies irom state or federai seurces. One af the few areas where the ~tty does exercise complete control. is in the Zoning Ordinance's regulatian of development, both in terms of the pracess by which hausing is approved, and in the substantive regu2stions whfch determine the allowable scope of development. Procedures ~nd standards can have a cons~derable impact on the productian of hausing. Far sxample, same of the City's discrstianary procedures can add manths of delay. This inposes higher holdinq casts, as ~e~l as sometimes jeopardfzing state or federal furtding, for whiah there'are often Bhort timelines ~or applications to qualify for funding. In additian, City ~ 2 - grocessing fees can add thousands of dollars to development casts. While procedura}. requirements can have a cor-siderable cost impact, probably the ~ost critical area affecting affordable hausing development which is within the Cityfs control is the development standex~ds af the Zoning Ordinance. Density limitstions, use restrictions, and parking rec~uirements a].one can determine the feasihility of a prnject. Provision of decent housing tor al1 income leve~s is one of the mo~t important goa~s of the City's Genera~ Pian. If the City is serious abo~xt facilitsting the productivn af affordab~e housing for the homeless and for low-income persons generally, changes to t~ie Zoning ordinance must be made. The Task Farce on i~onelessness, camprised of a.rxoss-section o~ the ca~untty, created a comgrehensine set of reao~mendations designed te encourage and faciiitate affordable housing production. The attachad emergency ordinance has been deveioped hy the staff of the i,and Use and Transpartata.on Mansgement Department, Planning and Zaning Division; Community Develap~ent ~epartment, Housing Divieian and Ca~unity and Heighborhood Services Divisian; and City lhttaz~r~ey's affice to imp3.ement the Task Force's reco~endations. Same of the Task Force's recommendations `rere highZy specific, whi~e others were sore general . In cases wh~re the rec~sndations were genaral , staf ~ has developed specific standnrds i~glementing the recammenaations. - 3 - Section-hy-Section Ana3ysis Following is a si~~ary ana3ysis af the substantive sections csf the grcpased emerqency ordinance. Secticn 1. This section contains-the firidings and purpose of the ardinance. The findings refZect, in part, the conclnsians of the Santa Monica Task Force on Home~essness. Section 2. This section conta~ns definftians ef terms used in the ordir~ance, some af ~ahich modify existing Zoning Ordinance definitions, aad athers of which establ.ish definitions of ter~s not preser~tly inc}.uded in the Zoning Ordinance. The term "affordable hnusing" is defined as housing pro~ects in wh~ch 10~$ of the s3welling units are dasd-restrfcted for occupancy by low and moderate incame households. The purpose of this definition is to limi~ certain aevelop~ent allowances only ta snch prfljects. A definit~on af "congregate ho~sing" is pravided in the ordinance since the Zoning ~rdinanee pre~e~ly provides na defir-ition c# this type of hausinq, which can be a bridge between shelters and trad~tional forms of permsnent hausi.ng. "Senior heusing" is defined in the emergency ordinance to address a deficiency of the existinq definitions sect~an, which lists "senior group housinq,„ but not housing for seniors which does not contnin com~on services or areas. ~, new definition of "~he].ter" ~s proposed, This definition is substantiei].y similar to that presently in the Zoning ordinance, - 4 - but deletes unnecessary references to various sectians of the Ca~. if orr~ia Government Coae . A revised definftian cf nsingle roam occupancy housing" is also reco~ended. The present definition assumes such housing wi11 onZy occur within hote}.s, roo~ning houses, or motels, and also effectively prohibits such housing fram having bathro~ms or kitchens within the unit. The new definition provides for unit sizes af between 150 and 3b4 square ~eet, and allows inclusion ef kitchen aad bathraams i.n the unit_ In add~tion, the definitian limits occupancy of such ~its ta no more thnn t~ra persons, and eliminates references to hotels, matels, and raominq houses. A definition of ~trnnsitionaZ housing" is proposed~ since the ` Zoning Ordinance does aot address this tyQe of housinq at present. Under the detinition, transitional housing is intended to provide housing for perBOns for up tc two years, ~nd may incl~de a variety of on-site/sugport ssrvices such as counseling. Section 3. This part af the emergency ordinance addresses allawed uses and development standards for various types of housing. Section 3(a} amends use restrictions in the RZ, R3, R4, OP2, - oP3, and OP4 districts, listinq senior and senior group hausing as permitted usea ia those districts. Presently, the Zoning Ordinance requires a Performaric'e Standards Permit for seniar group housing in the mu~ti-family districts. This change wou~d - 5 - m~an that no discretianary pez'~it wauld be required for such uses. In sddit~on, the use limitations flf the SC~, RVC, C2, C3, C3C, C4, C6, CM and CP districts would be a~tered to include sing~e famiiy ha~sinq, multi--fami~y housing, shelters of less than 100 beds, ~ongregate housing, transitional hausing, single room occupancy housing= senior hausinq~ and s~nior gros~p housing as permitted uses. Congregate housing, senivr honsing, sing~e room occupancy housing, and trsnsitional housing are not present2y addre~sed in any af these zanes. The RVC zone presently l~.sts single and ~ulti-famiZy unfts as permitted use~, while requiring a Conditianal LTse P~rmit for shelters. In the BCD zone, residentisl uses are presently listed as permitted uses, while a~ezfnrmar-ce Standards Permit (PSP) ~s reqc~ired fvr senior grnup hcusf.ng and she].ters. In the C2 zone, residential uses are current3y permitt~d with a FSP, as are she3ters and senior graup housing. In the C3, C~C, C4, and C6 zones, sheZters are now listed as a permitted use, while other residential use~ require a PSP. In the CM zone, residentia7. uses and shelters are ~urrently listed as per~ttted uses, while in the CP zflne, residential uses and shelters are currently penaitted usas, but senior qraup housing requires a PSP. In the CC 2ane, shslters are preaently listed as n~ermitted use; ~ the e~ergeney ordinance would ad~ transitiona]. 3'iousinq to the list of permitted uses. ~ g _ Section 3[b} would allow, with appraval of a Conditional Use Permit, congregate housing, siagle room occupancy housing, transitional hou~ing, and she].ters in the R~, R3, R4, OP2, OP3~ OP4, C5 and !u districts, and wov~d reqt~ire a CVP for she~ters W].th 1Q0 bBdS Or mDrB in thB BCD~ RVCr C2~ C3~ C3C~ C4~ C5i CM and CP distri.cts. Sectian 3(c) wau~d esta~lish that agfordable housing projects {those in wh~.ch l0a$ of the units are deed-restrieted for low and moderate-incame households only) would not be sub~ect to app~icable iimits on the n~~~++~er af stories, a~thouqh such projects wauld remain subject to the app~ieable height lixn~t in feet. Thi~ is an a~endment spec~fically requested by the Upward $ound project, which is 3~eing propoBed in a district ~ith a twc-story, 3o-foat h~ight limit. It is feas~b~e to deve~ap three stories af housing t~ithi.n the 3d-foat limit, and thus grnvide more affordable dwelZinq units. Secta.on 3( d) wovld pravias a 1D-foat height bonus for a~fordab~.e housing prajects in non-residential zanes. ~f the resnlting height Zimit exaesded the Genernl P~an standard, and if €ird~rigs af eonsistenay with the General Plan were required {as they are for certain permit types), thfs banus wou3d reot apply. (Recal.T - that "affordable hot~sir~g~ means aIl units are afforda~le to low and moderate fncose housaholds.) Y~ " -, Section 3(e) is a critical amendment, ~thich would provide that affordeble honsfng develap~ents nat be r~strictad by the density - 7 - limitations otherwise estabiished an the residential districts_ Such developments wauld still be gnverned by other applicab~e standards for the district, s~ch as setbar_ks, ~at coversge, and height limit~. This amendment w~uld al~aw a qreater number af unit~ ta be developed on a site. - 5ection 3[ f) wou~cl establish that for affordak~le houisng projects which have an alley along a side graperty line, half the width of the alley mmy caunt tawards the sideyard setback requirement, as long as a sideyard of nat less than four feet is provided. In addition, affardahla hou~ing pro~acts an parcels 7Q feet wide ar more need on~y provide one ur~excavatsd sideyard, ~nstend of the two which wou~d othezwise be required. The Upward Haund applicant has regvested similar amendments. The unexcaveted sideyard requirement can sfgnificantly a~~ect the number of parking spaces ~rhich can be developed on a site, which i.n turn governs the number of dWel2ing units. Section 4 establishes develogment st~endards for she}.ters, which incorporate she}.ter PSP standards }~resently ~tiund in the Zoning Ordinance, wfth the exceptian of the present 40-bed and 40-person limits, and restrictions on aoncentration of use 3imiting shelters to no more than one w3thin a 1,fl00-foot radius. - In addition, inatead o~ stating that typicn~ stays are li.~ited to 6Q dnys, w~.t~i the ab~lity for stays of up to 1B0 days, the ' emergency ordinance simp3y provide's far stays of up to 180 days. - e - Section ~ estabiishes senior group hausing development standards, which incorporate PSP standards for such uses from the present Zoning Ordinance, with the exception of the minimum unit size standard. The Task Force on Homelessness ree~~nded d$letian of th~s requfrement. - Section 6 incarporates existing PSP standards for residentin~ development ~n cQ~prcial districts into the regu].atary scheme, under which such uses arould not be required to ol~tain a PSP, but wau~d be required to canforffi te the existing PSP development standards. Section ~, revising Zoning Ordinanae parkinq reguir~ente, represents a recogn~tiore that certain of ttee City's parkir~q " requirements are excessive. These nev standards are amonq the most significant proposed in the smergency ordinance, since parking rsquirements are someta.mss the canttoliing limit on many types af development, including housing. Frovision of parking spaces can be very expensive, often necess~tatfng creation of underground parking stnictures, vith attendant excavation and engineering costs, as r~ell as ineffieiencies crentad by ramps and stairways. The present need, under the existing Zaninq Ordir~ance, to crente unnecessary ~paces, pnrtieu~.arly for - affcrdable housing deve}.opsents, should be eliminated. _ occupants o~ senior housing, shelters, congregate housing, and _~ transitional hfleising, as ~ell as affordab}.e housinq generally, are ~ess like~y than the occupants of market-rate apartments and - 9 - condominums to have cars. Thus, this section propases ~~as af right" parking standards which address the unique nature of each of these housing types. These reductions are based on a carefu~ analysis af the parkinq standards presently ccntained in the Zaning ~rdir~nce, wfiich recclgr~ize ( although not always ' adequate~y) some af the differences between hausing types, and in additian, review af parking standards from other jurisdictions, and of data concerning parking demand from affordable nousing pra~ect surveys. . Presentiy, the Zanir~g Ordinanae requires parking at e rate af one space f or every 1 D beds far she].ters . The Task Force suggested . examining th~s standard; after consu~tation with a shelter provider, s~aff is recommendinq that it be retained. For transitional hausing, a f}.exible standard of 0.5 space per ~eparate bedroam or one space for every i0 beds i~ sleepinq arranqements are dormitory-style i.s reco~endad for this housinq type, and far congregate housing, a standard of ane space far every 5 bedg apgears ~ppropriate. Based an a n+~*~~+er ~f sources ~ mu].ti-family housing which is deed-restr~cted for occupancy by 1v~ an~ mader~te ~ncome h~useriolds generally ha6 lower parkfnq requf.rements than - comparable market-rate hous~ng. Un~er th~ r~ca~~ndatians, desd-restricted studio units ~nould require i s~aace per uriit, the - same requiremar~t as is preBently~3atu~d ~n the Zoning Ordinance. Deed-restricted 1-bedroam units wauld alsa need 1 space per unit, a reduction from the ex~sting 2 space requirement, while - 10 - deed-restricted 2-b~droam units ar more would need 1.5 spaces per unit, a reductian fr~m a 2-space requirement. The existing requirement for 0.5 spaces per extra bedroom above 2 bedrooms wou~d not apply ta affordal~le housing developments. In cansidering the recommendati~r~s for multi-family parking req~irements, it is noteworthy to compare the City~s existing standards to parking demand studies and data from other ~urisdictions. The 1967 "Parking Generation" report af the Institute af Transportntion E~nqineers (ITE) found that "the parking rate is always less then 2 spaces per unit, with the average rate being lese than 1.2 ~par.es per d`vel~ing unit" for mu].ti-family rental housing projects. l~lost of the survey data was from projects in Illinois, Texas and Californin, and although the average project surveyed rras considerably larger than a typical Senta I+lonica prajectr the data i.ndicate that the recommended reductions, ~rhich vould not apply to market rate housing. are within an appropriate ranqe. Exanination of actual p~rkiag standards from other cities fs also instructine: numerous jririsdictions eva3.uated in a 1988 stndy of 125 Caiifornia jurisdictions by International Parkinq De6ign, Inc. require oniy 1 space per unit for market rate sinqle units, and require less than ~ spaces per unit for market-rate one and two-bedroom units. In addition, household~ occupyinZj aesa-restricted units tend to have fewer cars than "market-rate* households according to studies canducted by C~unity Corporation of Santa ~ion~ca and - il - other affordable housing providers. ~ 199~ suxvey by eommunity Corparation af 324 units under its management found from o-4 to a.6 vehicles per bedreom owned by low inco~e households. Of 44 senior households surveyed, only 3~ owned two vehicles, 57$ owned one vehicle, and 40~ awned no veh3cle. Further, 19g0 Census data for Sants lrionica indicate that 49.5$ of a13 househoids ~n Santa Monica are occupied hy just one person, with another 30~ accnpied by anly two persans. Requirements for senior and seriior group hvusfng wou~d also be reduced €rom the preaent requirement of 1 space per unit, to a require~ent nf 0.5 space per unit. The Zoninq Drdinance provided _ ~, a reductian to 0.5 spaces per unit for lo~r- and ~aderate-irsco~e senior units; this requirement would be lo~rered ta ~.25 spaces per unit for n.nits restricted to lar~ i.neame hausehQlds. The ITE study Cited above fovnd average t~eakday parking demand far a ~imited samp}.e of senior projects to be 0.27 spaces per un3.t, average Saturday de~and o~ 0.32 spaees per unit, nnd r~verage Sunday demand of l.~ spaces per unit. The Zoning Ordinance contains no stsndard for sing~e room occupancy hausinq; the proposed ordinance would provide e standard of 0.5 spaces per unit for mtrrket-rate projects, and - D. 2~ spaces per ~r-it for affardeble housing units of this type. _ Another change to the parking requiremeirrs ~ould be to allaw 40~k compact parking far affordable units. The 40$ compact gtandard has spplied ta all types of co~ercial parkinq since 1488. - 12 - Sectian 8 of the ordinance would estab3ish a 2~~ floor area bonus ~or affordable housing projects nan-residentia~ zones to enhance the feasibi~ity of such projects, as we~l as to a~low additianal units to be created. Processi~g Fees Also proposed is adoption af s resolution amending P~anning fees to eliminata processinq fees far affnrdable hausing projects. Such fees are not i.nsubstantial; a CUP fee is $3,53D; a Development Review fee is $2,250; a varia~rice fee is $600. BUDGET /FINAI+TC~I~L IMP~,CT Although the e~iminat~.on of Planning processing feas for - affordable housinq ae~gio~t: raouid have an adverse fiscal lIRPBG't ~ dl2B t0 ~'1~ a.dW 17u~~r8 Q~ SUC~l ~!I'Oj@Ct5 ~ 81~Ch ~~1~C't would not be signif3cant~ ].fkely a~ountiag to less than $~O,ODO per year. REC0~1D2i ION ~t is respectful~y recommen~ed that the City Counc3.1: 3.. 1,dopt the nttnched E~ergency Ordinance (Exhibit a) - 2. ~,dopt . ttse atta~hed resa].ution amending Planning fee requiremente ` for nlfarda~le housing developments (Exhibit C). ~-, - 13 - 3. Dzrect staff te prepare penasnent Zaning ~rdinance $mendments corresponding to those af the emergency ordinance far cansideratian by the Planning C~w+*~~ssion. Prepared by: Paul V. Herlant, LUTM Directer D. Kenyon Webster, ~lanning l~innager J~~ie Rusk, ~cting CriS l~anaqer Charles Elsesser, Housing Kanager Exhibits: l~i. Emergency Drdi.xe~nce 8. Task Force Zan~ng-Related Recammendations C. Resnlution 2,meading Plaruiing Fee Requirements k.hmless 2/5/92/3 - 3.4 - CA: R~Il~i: tp86/hpadv City Cauncil Meeting 2-18-92 5anta Monica, California ORDXNANCE NUMSER ZCity Council Series) AN ORDINANCE dF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MODIFYING Z~NING AND DEVEIAPMEHT STANDARI}S TO FACILITATE SHELTERS, TRANSITIGNAL HDUSING, AND ~THER AFFaRDiABLE HDUSING ON AN INTERIiK BA5I5 AND DECLARING THE P'RESENCE OF AN E1~1~kGSNCY WHEREAS, the Santa Monica Task Force On Somelessness (~Task ~ Force") has recommended that the Ci.ty Council adopt measures to pramate the development of affordab~e housing in Santa Monica; and WI~F~PiS, the Task Force has found that the City's planning and zoning restrictions and implementatinn make it difficult to develop affordable housing within the City limits, and haB re~o~ended the modification or elimination of current zori~ng regulations which 61ow down or prohib~t the development of a ranqe of housing opportunities for the homeless and special nseds papulations; xow, ~FOx~, ~ ciz~ couxciL oF ~ cr~r oF surrA MONICA DQES ORDAIN AS FOLLOWS: - SECTION 1. Findinqs and ~Purpose. The City Council finds and dec~ares: (a) There ~s a qrowing population of homeles~ and other person~ in the City in need of a range of housing opportunities - 1 - including transitiana~ hausing, conqregate housing, homeless shelters, single room occupancy housinq units and deed-restricted affordable housing . (b) The lack of a range of housing oppartunities, partiaularly affordable housinq~ threatens the public peace, - health and sa~ety. (cj There are several projects currently proposed ar contemplated which, if cempleted, would help meet the need far affardable hous~ng in the City. Present zoning restrictions hinder the develogment of these projects. (d) The Zoning Drdinance requires review and revision with resp~ct te el~minating harriers to the develapment of ~aff~rdable housing. _ [e) pending such review and revision, and in arder to facilitate the processing and development of currently pendinq or centemplated affordab~e housing prajects, it is necesssr~ to modify on an interim basis the zoning standards governing the development of affordable housing. SECT30N 2. Definitians. The following words or phrases as used in this ~rdinance sha11 have the €ollowinq meanings: i-lfordabi~ 8~u~iaq Projact. Housing in which 100~ of the dwelZinq units are deed-restricted far occupar~cy by low or moderate income househvlds. Such projects may als4 include nor~-residential uses, as long as such uses da not exceed 33~ af Ghe floor area of the total pro~ect. Cvagr~qat~ Housinq. A resideatial facility with shared kitchen and sanitary facilities praviding long-term shelter and - 2 - service5 which may include meals, housekeeping, and personal care assistance as wel~ as co~on areas for residents of the facility. ~~]iodarate~~ and ~~Lo~+ Income Levels . For purpasas af this Qrdinance, determined periadically by the City hased on the United States Departmant of Iiousing and Urban Deve~opment (AUDy estimate of inedian income in the Los Angeles--Long Beach Primary Metropolitan Statistical Area. The two major income categories are: "maderate income" (51~ to 100~ of the area median) and "low income* (60~ cr less af the area median). Farther adjustment shall be made by househo}.d size as established by the City. The Hausing Depa=tment shal~. make available a list of moderate and law income levels as adjusted, whioh list shall be updated periodically by the City and filed with the City C}.erk. - Bsnior Housinq. Residential dwellings in which each unft is restricted for occupancy by at least ane gerson in each hou~ehold who is 62 years of age or older. Without restriction as to age of occupant, un~ts may a3se be occupied by management or maintenance personnel who are required to live an the premises. 8h~3tar. A residentiaZ faci~ity operated by a provider, other than a cc+~m~unity care facility, which pravides temporary accommodations to persons and/or families wit2i low income. The _ term "temporary aacammodatians" means that a person or family will be allowed to reside at the shelter for a time period not to - exceed ~ix (6) ~onths. For tne- purpase af this definition, a "provider" shall mean a government agen~y or private non-profit organization which pravides, or centracts with recognized community orqanizations to provide, emergency ar temporary - 3 - shelter, and which may also provide meals, counseling, and other services, as well as common areas for residents of the facility. Bingl• Room accupancp Housinq. Buildinqs ccntaining dwellinq units with a minimum floor area of 350 square feet and a maximum floor area af 300 square feet which may have kitchen and/or bathroom facilities. Said dwelling units are restricted ta no mare than two persons and are offered on a month~y rental basis or lonqer. Traasitioaai 8ousinq. A residential facility that daes not restrict occupancy to si.x months ar less and that provides temporary accc~~dations to low and mvderate-income persons and families ~or periods of up to two years, and whioh a;so may provide meals, counselinq, and other services, as well as c~~4n - areas for residents of the facility. SECT+oN 3. Interim Zoninq and Development Standards. Notwithstanding any provisions of the Santa Monica Municipal Cade to the contrary, the following zoning and de~elopments standards shall app].y to the fol~owing tyges of hausing: (a) Permitted Uses. in addition ta the uses attrrently permitted in the zone, the following uses sha~l be permftted uses in the iL2, R3, R4, OP2, OP3, and OP4 districts: senior and seniar qroup hausing. In addition to the uses currently permitted in the zone, _ the following uses shall be permitted uses in the BCD, RVC, C2, C3, C3C, C4, Cb, C~i~ and CP districts: single family dwellinq units, multx-family dwel~ing units. shelters with less than 100 - 4 - beds, congregate housing, transitional housing, single room occupancy housing, seniar and senior qraup housing. In addition to the uses current~y permitted in the zone, the followinq use shall be permitted in the CC district: transitional housing. _ (b) Conditiona~2y Permitted Uses. In addition to the uses current].y conditionally permitted in the xoning district, the fallowing uses shall be conditionally permitted uses ir~ the R2, R3, R4, OPZ, aP3, OP4, C5 and M1 districts: Conqregate housing, single room occupancy bousinq, trans~tional housinq, she2ters. In addition to the uses eurrently cond~tionally permitted in the zoning dfstrict, the following uses sha7,1 be condi*ional~y permitted uses in the C5 and M1 districts: multi-fami~y dwelling - units, senior, and seriior qraup hausinq. In addition to the uses current~y conditional}.y permitted in the zoning district, the following use shall be conditonally permitted in the BCD, RVC, C2, C3, C3C, C4, C6, CM, and CP districts: shelters with 100 or more beds. (c) Maximum Huilding Seight. There shall be no limitation on the r~l~~~er of f}.aors of any Affordahle Housing Project, as long as the building heiqht daes not exceed the maximum rnr~!~r of €eet allowed in the under~yinq zoning district, or as allo~ed in _ Section 3(d) of this Ordinance. (d) Height Bonus In Non-Residential Dist=iats. The - heiqht of an Affordable H~sing Project located in a non-residential district may excead by 10 feet the maximum number of feet al~owed in the underlying zoninq district. - 5 - (e) Maximum Unit ~ensity. The=e shalz be no limitation on the n~~mh~r of units contained within any Affordable Hausing Project ~oaated in a rasidential district. (f} Setback Requirements. Affvr-dable Housing Projects located oa a corner parce~., the street frontaqe dimension cf which requires that the property line adjacent ta the alley be deemed a side parcel line, may count ane-half of the r~tidth of tihe alley as a portion of the req~ired side yard SetbaCki as lang as a n~iai.mum setback of 4 feet from the property line is maintained. Affordable Housinq Projects need vnly provide and maintain the unexcavated area required by Section 9040.1.7 of the Santa Monica Munic~,pal Code on one side of the propert~r. :, SECTIaH 4. Develapment Standards Appiicable to Shelters. Shelters shall not be subject to the issuance of a perfatmance standards ~ermit in any zoning district. She].ters located in any district shall camp~y with the fo~lawing development standards: (ay Property Development Standards. She~tere shall confo7rm to a12 praperty de~elapment standards of the zoning district in which it ~s located except as modified belaw. (bj Liqhting. Adequate external lighting shall be provided for secur~ty purpo~es. The lightinq shal~ be stationary, directed away from ad~acent properties and public rights-of-way, and af an intensity compatible _ r~ith the neighbarhoad. (a} Laundry Facilities. ~ The develapment shall provide laundry faci~xties or services adequate for the nu~her af resident~. - 6 - (d) Common Facilxties. The development may provide one or mare af the following specific com~on facilities for the exclusive use af the residents and staff: (~) Central cookinq and dininq room{s). (2) Recreation room. (3) Counseling center. (4} Child care facilities. {5) Other support services. (e) Security. Parking and outdoor faoilities shall be desiqned to provide security for residents, visitors, and emplayees. (f} Landscaping. On-site ~andscaping shall be ir_~talled and maintained pursuant to the etandards outlined in Subchapter - 5B. (g) outdoor Activity. For the purposes of noise ahatement in residential districts, organized outdoor activities may only be conducted between the hours of 8r4a A.M. to 10:00 P.M. (h) Refuse. Iiomeiess shelters shall provide a refuse storage area that is completely enclosed with masonry r~alls not less than five (5) feet high with a solid-gated opening and that is large enouqh to acaonuaodate a standard-sized trash bin adequate for use on the parcel. The refuse enclosure shall be _ accessible to refuse callectian vehicles. (iy Sheiter P~ovider. The agency or organization ` operatinq the shelter shal~~- comply with the following requirements: (lj Temparary shelter shall be available to residents for no mare than 18o days. - 7 - (2) Staff and services sha21 be provided to assist residents to obtain permanent shelter and income. Such services shall be availahle at no cost to all sesidents of a pravider's shelter or shelters. (3) The provider shall not unlawfully discriminate in any services grovided. (4) The provider shall not require participatian by residents in any religious ar phi~.osophical ritual, service, meeting or r~te as a condition of eliq~hility. SECTION 5. Develapment Standards Applicable tc Senior Group Housinq. Senior Group Ho~sinq shall not be subject to the ~f issuance of a performance standards permit in any zoning district. Senior Group Housinq ~ocated in any district shall compXy with the foZlowing development standarc3s: (a) - Property Development Standards. The senior qroup hausing shall canform with all local, state, and ~ederal requirements far senior group housinq. The senior group housing facility shall conform to all property deve].opment standards of the zoning district in which it is ~ocated, except as modified below. (b) Maximum Number of Dwellinq Units. The number of dwellinq units may exceed that which is permitted in the underlying zoning district if the dwelling units__cansist of individual rooms that contain full bathrooms and small, efficiency kitehens located in a buildinq that also contains a common kitchen, dining and living space, adequate ta serve all residents. - 8 - (c) Lighting. Adeqnate external lightinq shall be provided for security purposes. The lightinq shall be stationary, directad away from adjacent praperties and public riqhts-af-way, and of an irltessity compatible t~ith the residentia7. neighborhood. _ (d) Laundry Facilities. The development shail prov~de ~aundry facilities adequate for the residents. (ej Ca~mon Facilities. The development may provide one or more cf the following specific common facilities for the exclusive use of the senior citizen residents: (1) Central caoking and dining room. (2} Beauty salon and barber shop. •__ (3) Small pharmacy. _ (4) Racreation roam. (5) Library. (f) ~ Security. Parking and outdoor facilities shall be desiqned to prvvide security for residents. guests, and employees. (q) Lanclscaping. On-site landecaping shall be installed and maintained pursuant to the standards vutlined in subchapter 5B. (h) Minimum Age. Residsntial occupancy shall be limited _ to single persans 62 years af age cr older, ar to couple~ in which one person is 62 years af age or older. -- - _ ~~ SECTIDN 6. Development Standards App~.icable to Residential Uses in Cc~~rcial Districts. Residential uses shall not be subj ect tc the issuance of a per~orman~ce standards permit in any _ g _ xaning district. Sinqle family dwelZing units, multi-family dwelling units, CO~C~BgBtE housing, transitional housing, single roam occupancy housing, and senior housinq, loaated in the BCD, RVC, C2, C3, C3C, C4, C6, C~+l, and CP districts, and transitional housinq located in the CC district, shall compiy with the fcllawing development standards: (a) Location. The residential units shall not be located an the ground floor street front except where specifically permitted. Residential units may be located an the ground flaor provided they are at least 50 feet from the front property line. (b) Access. The residential units shal]. have a separate and secured entrance and exit that is directly accessible to the parking. - (c) Parking. Residential use parkinq shall comply with Subchapter 5E, except as madifiad by this Ordinance. Parkinq may be shared when the caammercial or manufacturing use generates a parking demand primarily during the hours of 8:~0 A.M. to 5:00 P.M., Monday throuqh Friday. (d} Noise. Residential units shall be constructed so that interior noise levels do not exceed 55 decibels far more than 60 minutes in any 24 hour per~od and 45 decibels for more than 3~ minutes between the hours of i1:00 P.M. and 7:00 A.M. _ {e) Liqhtinq. Al1 liqhting shall comp}.y with Section 90~0.27. - - ~ (f) Design. The floors de~-~oted to residential units ehall provide an exterior appearance and character which denotes it as h~usinq and is visibly different from the commercial or manufactur~.ng floors throuqh the use of patios , changes in -ia- fenestration, and appropriate levels of detaiZ, while maintaining a cohesive quality. (q) Landscaping. Landscaping shall be used to minimize traffic noise with the possibility of creating unique rooftop gardens overlookinq the streets._ (h} Refuse Storaqe and Location. The residential units shall maintain a tefuse storage container separate from that used by the cwameraial ar manufacturinq business. It shail be clear~y marked for residential use only and use by commercial ar manufacturing businesses is prohibited. SECTION 7. Parkinq Standards. The ~ollawirig parkinq standards shali apply to the followinq types af housinq: J Unit Type Spaces Required Compact Percentage Conqreqate 8ousing I space/5 beds 40$ Housinq Units Deed-Restricted for Low and Ploderate Income Studio, na bedraom 1 space/unit 40$ 1 bedroom 1 space/unit 40$ 2 bedroom or ~arqer 1.5 space/unit 40$ visitor ~ space/5 units 40$ Senior and Senior Group Housing 0.5 space/unit 4p~ _ Senior and Senior Graup Housinq Deed Restricted to --~- - Law and Moderate Income 0.25 spece/~nit 40$ Visitor 1 space/5 units 40$ Shelters ~ space/10 beds 4p~ - 11 - Single Raom occupancy 0.75 space/unit Visitor 1 space/5 units Single Roam Occupancy Deed Restricted to Low and Moderate Income 0.5 space/unit Visitar ~ space/5 units Transitional Housing. 0.5 space/separate bedroom or 1 spaae/10 beds if dormitary style 40$ 40$ 40$ 40$ 40$ SECTI~N 8. Density Bonus for Inclusion of Hcusinq in Nan-Residential Zones. In addition to any other applicable provision of this Ordinanae, Affordable Housing Projects located in nan-residential zoning districts may have a Floor Area Ratio equal to the applicable FAR limitation of the underlying zaning district pl::s .25 times the flvor area devoted to such units. In mixed-used pro3ects, such bonus may be uti].ized in the residential portion af the project only. SECTION 9. Th~s Ordinance shall be of no further force and effect 45 days from its adoption, unless priar to that date, after a public hearinq, neticed pursuant to Section 9131.5 of the Santa lrianica Municipal Code, the City Council, by majority vote, extends the interim ordinance for up to ~~ manths and 15 days. SECTION lo. This ordinance is declared to be--an urgency ` measure adopted pursuant to the p~ovisions of Section 9120.6 of the 5anta Monica Municipal Code and Section 615 of the Santa Monica City Charter. It is necessary for preserving the public _ 12 _ peace, health and safety, and the urgency #or its adaption is set farth in the findings ab~ve. SECTION 11. Any provision of the Santa Manica Municipal Code or appendices thereto incensistent with the prvvisions of this Ordinance, to the e~ctent of such incansistencies and no further, nre hereby repealed or modified to that extelYt necessary to effect the provisions of this Ordinance. SECTION 12. If any section, subsection, sentence, clause, or phrase af this ordinance is for any reason held to be inva~id or uncanstitutional by a decision of any court of any caiapetent jurisdictian. such decision shall not affect the validity_ of the remaininq portions of this ordinance. The City Council. hereby - declares that it wauld have passed this Ordinance, and eaah and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional withaut regard to ~rhether any portion af the Ordinance would be subsequently declared invalid or unconstitutional. SECTI~N 13. The Mayar shall sign and the City Clerk shall attest to the passaqe of this Ordinance. The City Clerk ehall cause the same to be pt~tblished ance in the officia~ newspaper within 15 days after its adoption. This Urdinance shall become effective upan adoption. APPROVED AS TO FORM: ~Y'L . ~.. ~__. ~r ~ ROBERT M. MYERS City Attorney - 13 - . Th~ ~~*~t~ ~on~ca Ta~sk Force an SomClessness: A Call to A~ct~on Decemb~r 1$91 _ ~. C~ty o~ santa 1Vi~ _ C~*rn~*+f~y Dcvrlopmeat De~art~~t Ca~~ity aad Netghborfiood Se~vloes Div~sian 1685 Il~in $trCCt, Rppm 232 S~anta Nlonfca, CA 904~? i310) 45&5701 IIvITiATIVE: PERMANENT HOUSING ~a~ ~ In Z980 #he Federal governmeat spent 79~b af fts budget on housfng. in 1988 it spcat .79~6 of the budget on houstng. According to Sou#hern CAlifar~fA Asso~~#on of Goverr~*+~nts (SCAG). the ~gto~ glanr~~r~~s bpdy. Saata Monica bas a jobs/housing #n,hatance. There is a direct c~~n~ction bctween lack of per~*~~*~ent housing for low and very low income people and the prabl~Y+~! of homeiessness in our ~ommunfty and in #he nation. Pel~~?*~~at houslII~ ~8 Crested ovet ~*~+~ aud, conversely. the lack of pcr =~•A~ent haus~ag today ~t~**~~ from lack of and failed poli~ies of Federal, Statc and locai gwe~*~~t We see the results da1ly-people are living on the streets of America today. A catega~ry of ren~i housing includes thc stngle room oceupancy (5R0) hotel and boanl}ng or roo~ing houses, which is genera3ly the least eapensive housing ~*~~i frequent~r thc anly housing opiYon av~~~~~+~e to ~ lawest income households. There ar~e few r~**~~+~+i~+g resoiuces of t~+~~ type tn the City. Siacx 1980. ninc SRO hat~~~ h~v~c heta clesed. rr**+~ving a total of 327 low cost units from the housing stock.? VALUES Deccnt an~ Aff4rdable housfag is a basic b~„~,~*~ need and should be av~i~~!~le to every dtlzen, regardless of their psycholagtcal ar so~~log~cal status. Santa Manica desires to b~ aa ecan~~t~t~• b~~~!*~ced co~,,,tt„+ty. POIICY Thc dcve~opmcnt af housing for Ivw-income people should be a ma~or priority for the City of Santa Manica. The City should reorgAn±~P its prioritfes to spend its ~*Rff and monetary resources tawards achfevtng at~nual targets af housing unit ga~j~ to increase th~ City's low incomc housing stock aad dev+elap a variety of housfng options as described ~u *~i~ Report. The City shou~d U*~i~s paroels of land it currently cywns far the dev~elopment ~ of low and very tow tncome housing. The City's Housing Element should be rcevaluated in ~ight of recent - downzoning of re~ident[a~ area.s. Thc_ State of Calfforn}~ hA~ cautioned the City about the further down~~oning as a mechanism that trh~tts ~he bui~~f~g of housing. The Task Forcx shares #hr.se ooncerns. 49 P'R4GR~1M 1, The Ctty shou~d support th~ develapment and expedite the plaiuung process far Step Up ort Second proposed 3S-unft SR~ hous~ng aev~lopment for ment~~~ ill aduirs. 2. The City shouid not dovva~one any other areas of the Clty whcre there ea~sts the possibiltty of ~r=i~dtna housfr~g. 3. The Cfty should support pro,~ects ~un+eutly be~?n~ng thE gt~nrit~g process #h~t will provide SRQ`s. 4, Santa Montca should look at wsys to tucrease tht n,*mher of untts without necessari~y increasing the allowable footprint and developmeat anv~lope af a~=flc~tr,g. i.e., g**,~ttsr units that wauld necessarily be mare affordable. ~ 5. ~'he City should Iook at way6 to encaurage congregat~e housing tt- be t~uilt ~. The Cfty should create incenu~as to encouragc sIl builciers of affordahle hous~ng such as Comnucn~ty Corpor~ata[ort to set aside a set pescent~~e af #heir units for formerly home~ess peoplc vrn~~rig out of progr~*n~ and ather se~€-helP ~~B B~Ps. 7. The City should devclop s pl~n to r__n~un thx~# mt~ced use pm~ects tn which ~ousiug ~+A~ beea appmved actually do include those housing unfts whm the pro,~ect is complete and occu~ed. 8. ThC City ShOUId COAVG~IC 8&,~mmit bCtwCCU th~ P~ar~r~~nv 811d HOU83Ag CQ**i**+i~S10I]S. LS=ld U8C ~I1d 1Y~A5POrtSt1DII Ms~ns~orrr~~1~ DCpaTtIIICIIt, Housing D~vtsion, and Ren~ Control Soard to create s~n fateg~ ated low- Co&t hOi~Il~ nls~r~ fOX thC ~. 9. C1ty parktng IOtS and G'1ty-bwued ~~nd Sbould be purBUGd 8S CBpe~`i~ttiy suitable sites far us~ of a~r rights to bu~id affordable haus~ng. Zh~ C~ity _ should g~~o a~u~ely pursue the use of privately a~a-ned par~*tg lots for Iow income housfag developmen~. 10. Encourage develop~rs to develop partnershfps mith non-pro~t ageactes to meet requirements for affordable h~~~r~ de~vclapmen~. I1. The Ctty ehould support ~nvolvrr+mt of priva#~ lenders ia Snaneing the Srst few years of acquiBit~on and development costs for new housiug P~o~ects which wauld be~guaranteed by thc Gity ~vtth moncy set aside for thi~ purpose. x2. The Cfty should *+,~kr a pub~ic sta±~*_*±~t of all City-a~wntd lar-d, both ypjt~fin and vutBide the C~ty ti~,f#s, ~vfth maps shon~ng lorations. 50 13. The City shou~d consider reducfng processing fees for affordable housing projectS. 14. The Cfty should wark wifih ~tent Cantro~ Baard and landiord cammunity to cacourag~ rental houstng ownas to rema~ri in the rental housing business sface private rental housing is one af the chfef saurces of affordable hous3xtg in Santa Monira 15. The City shoutd eacourage the expansion of 3~ndlard participatian in tht Rent Control Board's Incea~e Houstng progr~*~+. Agreements between land~ord~ and agencies should be facilftated. These agrep*~snts would have the followir~g effects: ~ Increased economic viabilitp ~nd pre~ervation of rent~~ housing; * Dedicaiion of units for I~w fncome households; and • Qpgartunities to add ineeatives for eervicc agrecments beivv~een ageades aad landlards. 51 ~ ~~~TtyE; PLANNING AND ZONIIIFG FR~BLEM ~fi~ the Ctty of Santa Monica's policfes support the development of shetter, tr~"'-~+nonal hous~tg~ snd low c~st bousiag, the City's actual planning and zon~ng restrict~ons and implem~ata#fon make it ~i~~ult to develap such facilittes within the City 1i~+~ts. - 1~ acamtnation af these various rcgutrPm~nts could pravide enarmous assi~~~ee to agenc~ies and developers interested in creating a range of hoU~ng aPPort~~*~~#ies which wouid ease #he hameless problem tn Santa Manfca. vAr.vEs T~z Task Fo~ce supp~ts #hz dev~lopment ~~d support o~f a rar~ge of small to moderately-sfzed. decentralized shrlter, transitic~nA~ and permanent hous#ng opttons scattered throughout the City designed to meet the needs of variaus target grou~s 9~ong the homeless popnlatiQn. The coneept of caeh neighborhood housing its "fAir Fh~~" of f~M~ittes is eucouraged, Houstr3g fe~+_~ft#es shou~d pmmote a~i~i~sd ~r,*R~t c~vmpa~e mtth the surmundtng ncighbarhood. All fa~~ities sbould promote a good neighbor po~icy among the iesid~t partieipaats. Htstorir~!t~r planntng aad zoning rcqutre~ents in various cittes have served to restrict access to houstng for spGM~~ populations (e.g., the men~~~r ill, Iow fncomt fg*~++ti~s) and effectively discri~fn~ted against spe~iAt needs groups. Santa Monica must ease its zon~ng and gt~n,~~ra r~strictioas to end this discr~n~inatioa not anly because it is poor public policy but also becauae it could be ia violStiou of thC Amerirs;n~ with Disabilttie5 A~t uf ~991. P~OIIGY 1. The Cfty's Zp~fr~ Cod~ and B=~i~~i*~g Codes ~should t~e Amsaded to remove srnae of the restrictlve requtrr*~mts rrlatin~g to she~ters for the hameless. For ~arnple. the ~neentratton of use pro~vis~on should be ~~f*~i*~s+ted or relaxed as shovld tht restrictf~~ on n»~hers of sbe~ttr beds, Parkfag rt'4uir~'~ts. s~ze. 2. The Zoning Code and Bui~~iro Codes should be ameaded to pmvide for separatc c~assificat~oas for transtttanal housiag ~~d sin,gIe mam occup~acy housir~g. As thc raqu#rement regarding P~r~ng for a~i~r housing has been ad,~ustcd to refle~t the reality of senfor v~hicle usc, so shou~d t~c park+~g requ#r+~*n~nts for iow and v~y lrniv tneome housing b~ reducxd to reflect the ac~+1~A~ 1~,,,~ted or non use of vehicles by residents af these fac.i]ities. 52 3. The development of transiti~n~? housing and sing~e room occupanc_v haustng should be given pnarity sta?~?~, ~R~'s and ~t~onai hous~ng shauld be #i'eated in ths s~*~'~~ mann~r as other resider!*~a~ pro~ects in {~e gam~ y~ntt~g cli~#rfCt. If a CUP (condittonal use permit) is reqtured fot resldeiltial use 1u S parttC+~~ar zpn~g diStriCt, SRO snd translttonal housf~o pm)ects ~ould be subject to th~t s~.,~~ ~guiation: ff a CUP is not required, SRO's and trans~tioaal housing projects arou~d not b~ sub,~ect to the regulation either. (Please refer to the Advocacy and Parluershigs sectioa for thc Cot*+*nunity Parttcipation In Siting HQ„~ina snd SCrvicCS IYtitiative.) Thi~ Task Force h~~ idenrified th{s as an urgmt issue. PZt~GRA~d 1. The Proposltlon R i**1x~lCatmtatLou o~i*t~n~e must be vv~ftter~ .so that ft allows paymmt of #n Ifeu fees ~ the construetian of aff-stte hous#ng to meet the developer's ob~igat~on for the prov~sion of Iow-income housing. A partion of the in 3ieu ~ees Bhauld be used for the construction of 5R~'s ~nd shelt.~rs for #h~ h~ele~s. F~rthermore, a ~~ImU18 BhOit~d ~]C CrC~tCd W}1CYC~- a Il~~m~ Of .~~ i~nftS Or hOmC~C85 sheitrs lxds canat as a w~tt of housing to pratiide aa -aption for dtvelopcrs to ~ui~d shelters or SRO's to sati~sfy tht Propos3t~on R i m~l~??~ CIItSt10II Ord~I'! ~~ CC. 2. Thc Citp e~hould eontinut examfn~ng the possfbility of rezoning of portions of the C-5 5pecial Officx District and MI Industrlal Dtstrict far f~he full spectrum of muYti-resid~ntial use iac.~uding very ~ow 1ilppmC 1mitS. 3. The C1ty ~h4uld alter its parl~n~ requir~*n~nt~ and restriCtivas on the siu of tYnitS fa~ Y1Cw SffOXd81~1C hQi~~fno devtlopments such as SRO's ~n~i congr~gatc houeing to faciiitat.~ thc feasibi~ity of buia~~g such w41ts. The rea2lty af ~i,,,+±ed sutomobilc ownership s~nd t~mf~ed 8pace nceds of ~adivi~h~~~t (aell be~ow the 410 sQ~is~*~C fOOt mir~im~*rn) II11iSt ~ ~m s~~ ~a~~~. If less parldng is to be pro~ided t~+~!~ is ~~~pd fa~ ia the e~dsttng San#a Monica zo~i*~g code. tenant~s of these SRO fa~~+#ies must A~rm tn their leases that they do not ~-Ave cars and fihat they wfll aot acc~uire cars. Thi~ will prevent presmt and futun occupaacy of these tu~ts by persons M-ha ~rould then park oa thc street and add to fihe already congested ~treet parl~ng Conditions tn S~!n#a Moaica. --_ 4. The Citp Bhould eonsider A~~rpanded deaseity bonus progra~ far affordable hou~±*~g projects in resfdential ~?~d ca*+~mercial zanes. Other iacentrnes such as adjustments to Iot coverage. setback, height and other rec~utrements should also be corls,idered. 53 ~, Hausfng shoufd be a"pennf~ted use" in all commercfal zanes and. e~c~ept for large projects, shoutd not be sub,~ecL to a discretionary re~iew pmcess. ~, ProvidG ~ontfl~~n~ 3ncnltives such as FAR (floor area ratlo) bonuses or height r.~ccptions far iuclusion of targeted houstag in m~~ed use pro,~ects ia c~**~*~,~r~~t zones. 7. The C1ty ~hould study the Amerirs~n~ ~vith Disabflfties A~t to s~ how it can apply to aid those chur~h~s s~nd soctai service providers at±~ptt~g to build houstng. 54 i ; CA;gMM:tp89/hpadv City Council Meeting 2-18-92 Santa Monica~ California RESOLUTIflN HUMBER 8 3 7 5( CC S} (Cf.t~ Council Series) AZi R~S~IX]TI~H OF THE CITY CQUNCIL aF THE CITY OF SANTA MONICA KODIFYING PLAIdHING, ZCNYNG AND LAND USE FEES WH~xF.•AS, the Santa Manica Task Farce On Hamelessness j„Tagk Force") has rec~~~snded that the Cfty Council adopt measures to promote the development ot a~fardable housinq in Santa Monica; ana " W~iER~AS, the Task Forca has found that the City~s planninq and zoninq, ~estrictions and ~mplementation make ~t d~fficu].t to deve~op affordable housinq within the City limits, and ha~ ~ reca~~gnded the modification or e3imination o~ current'zonir~g regulations which slow down or prohibit the developmsnt o~ a ranqe of housing opportunities ~ar the homeless and specia~ needs populations; and WH£REA.S, Muniaipa~ Code S~ction 9210 authorfzes the settinq of pianning, zanfng, e~nd land use fess by resuluticn, and WHEREAS, tha City Cour~cil has adopted Resolution Number - --, 7607 (CCSy and Resolutian Number 8082 (CCS) settinq planninq, zoning and land use t~es, and - Z - wHgREAS, it is necessary to amend these fees With respect to affordable housinq in order tc encourage the development of such housing in the City, NOW, THEREFORE, THE ~ITY COLINCIL aF THE CITY OF SANTA MONICA DOES RESDLVE AS P'OLIAWS: ' SECTI~N 1. Residentia~. housi.nq pro~acts in which ~fla~ of the dwellinq units are restricted ~or occupancy by ~ow or moderate income households shall be exempt from the fees established by Resalution No. 7607 (ecsy and 8~82 (CCS). SECTION 2. The City C7~erk shall certi~y to the adoptian of this Resolution, r~nd thenceforth and thereafter tha same shall be fr~ fu11. force and affact. APPROVED AS TO F~RM: ~"R . ---~__ _ ~. ROBERT M, IKYERS C~ty Attornay -- 2 - Adopted and approved this 7th day af April, 1992. Mayar Z hereby certify that the foregoing Resolution No. 8375(CCS) was duly adopted by the City Council of the City of Santa Manica at a me~ting thereof held on April 7, 1932 by the fallowing Council vote: Ayes: Councilmembers: Abdo, Genser, Holbrook, Katz, O~sen, Vazquez, Zane Noes: Councilmembers: None Abstain: Cfluncilmam}3ers: None Absent: Councilmembers: None ATTEST: J ~~CYy~~~ C~ty Clerk ~