SR-9-A (99)
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CC:JER:KEL: PKST AFF .426
City Council Meeting: April 26, 1994
Santa Monica, California
TO Mayor and CounCil Members
FROM: City Staff
SUBJECT: Recommendations to Address Issues Raised at March 29, 1994 CounCil
Meeting Including Aggressive Panhandling and Alternatives to Sleeping
In Parks
INTRODUCTION
ThiS report provides Information, discusses policy options and offers recommendations
to address Issues raised at the March 29/ 1994 CounCil meeting regarding the Impact
of homelessness In Santa MOnica. Particular emphasIs IS Qlven to addreSSing
aggressive panhandling and night closure of Santa Monica parks Other staff reports
and ordinances are being brought before CounCil separately for consideration with thiS
report as a consolidated Item.
BACKGROUND
On March 22, 1994, the City CounCil held a public hearing on Councllmember Items
concerning public safety and welfare and the need to develop additional local
ordinances to address aggressive panhandling, sleeping or liVing In parks, serving food
to the public In parks, unclaimed property, possessIon of shopping carts, and the
delivery of homeless services On March 29, 1994 the City Council undertook
deliberation on these Issues. ThiS staff report Will proVide CounCil With a series of
actions In response to Council direction. Further research IS required on Items such
as food service In public and possession of shopping carts These and other Items Will
be brought to CounCil at a future meeting.
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DISCUSSION
Aggressive Panhandling
The City Council directed the City Attorney to draft an ordinance that prohibits
aggressive panhandling The City Attorney was also asked to evaluate the legalIty of
Including a prohibitIon of all or certain types of panhandling between 7 p.m. and 7
a m as well as a prohibitIon of all panhandling at anytime within the Bayside District.
These Issues are discussed In the staff report that accompanies the newly drafted
aggressive panhandling ordinance (Item #8-C)
The Police Department and the City Attorney's Office were directed to present
Information on the results of their FY 1993-94 budget objective concerning aggressive
panhandling, specifically on publiC outreach and education programs to be developed
With the Bayslde District Corporation (BDC), Chamber of Commerce and other
merchant groups At present, the Police Department and the City Attorney's Office
have developed an Interdepartmental committee to develop an action plan, and
undertake an Implementation plan and tlmellne The Police Department's Office of
Operations and Office of SpeCial Enforcement have engaged In several undercover
sting operations and undercover surveillance programs to mOnitor aggressive
panhandling Staff has been In contact With the Executive Director of the BDC, and
public education programs are In the planning stages. City staff also attend the
Chamber of Commerce Homeless Task Force Committee meetings on a regular baSIS
The Third Street Promenade Bicycle Detail and the Grime Impact Team are currently
conducting speCialized enforcement action targeting aggressive panhandlIng on the
Third Street Promenade The BDC, the City Attorney's Office, and the Police
Department are working closely In thiS effort An analYSIS of the operation will be
forthcoming; however, there are indications that InCidents of aggressive panhandling
are relatively few compared to those panhandling situations that do not qualify as a
Violation of Penal Code Section 647(c).
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Unclaimed Property
The City Attorney was given direction to draft an ordinance amending the current
Santa Monica Municipal Code pertaining to unclaimed property In order to make It
consistent with California State Law. The City Council speCifically discussed the
length of time property must be held prior to Its disposal The City Attorney has
addressed thiS Issue as well as the Issue of sale procedures for unclaimed property In
a separate ordinance and staff report (Item #8-A).
Park Closure
The CIty Attorney was directed to draft an ordmance that allows the closure of the
parks from 12 midnight to 5 00 a m with no exemptions or permits Technically, thiS
Involves the repeal of Santa MOnica MUniCipal Code sections 408 090 and
6.08.092(f) The City Attorney's Office has drafted an emergency ordmance for
Council conSideration tonight (Item #8-8) that will facilitate clOSing the parks from 12
midnight to 5'00 a.m.
Cooperative Efforts Concerning Shopping Carts
The City Council directed the Pollee Department to work with the Grocers'
ASSOCiation to develop an effective program to collect shOPPing carts that belong to
grocers and other retailers In Santa Monica The Grocers' ASSOCiation sent a letter to
the City Council explainIng Its "Industry-funded shoppmg cart retrieval program." The
Grocers' ASSOCiation has expanded thiS program to Santa Monica Since the Council
meetmg of March 29, 1994, City staff have been unable to meet With the Grocers'
ASSOCiation staff Further outreach IS reqUired, necessitating Council consideratIOn
at a later date
Sleeoina Alternatives
Staff was directed to qUickly develop an alternatIve to sleeping In parks In order to
comply With the legal gUidelines established by the Court of Appeal In the Tabe
deCISion from Santa Ana, thereby allowmg for the enforcement of Santa Monica
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MUnicipal Code 6471. Council stated that the alternative IS not meant to be an
attraction to homeless people and should be temporary, The Council also expressed
a desire to explore the potential of usmg vouchers or other means so as not to erect
a new bUilding.
City staff researched, reviewed and considered the followmg optIons. 1} a
campground or "safe zone"; 2) expanded use of the Culver City armory, 3) subsidies
for downtown Los Angeles smgle room occupancy (SRO) unIts, 4) a new Santa
MOnica shelter (various types, sizes and locations), 5) additional storage, 6) Intensified
and expanded park outreach and case management; and 7) motel vouchers for
homeless families Each of these options are described below
In addition, staff have conducted several counts to establish the current number of
people sleepmg In Santa Monica parks overnight. Four such overnight counts have
been conducted over the past several weeks and mdlcate a range between 91-133
people sleeping In Santa Monica parks This may give some IndicatIOn as to the
numbers of people who may be displaced due to Implementation of a full park closure
ordmance From mtervlews With homeless people In the parks and through
diSCUSSions With local homeless service proViders (lncludmg review of utilization of
armory program). It can be expected that not all of the people currently sleeping In
the parks at night will avail themselves of a new City-created sleeping alternative.
(1) Camooround or "Safe Zone"
One of the options conSidered IS the development of a campground or safe zone A
campground or safe zone would Include the deSignation of a large outdoor space
which would become the City-sanctioned alternative for homeless people who are
currently sleeping and/or IIvmg In parks While pOSSibly appealing as a low cost
sleeping and liVing alternative, most attempts m other Cities have become little more
than a high concentration of people In substandard conditions With major public health
and safety problems, Examples In Los Angeles, Miami, and San Diego have proVided
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ample evidence of the problems with disease, drug dealing, Crime, Inadequate
sanitation and lack of linkages to needed services, employment and housing In Santa
Barbara and Eugene, Oregon, small homeless campgrounds or safe zones have not yet
produced major problems. However, It IS Important to note that these cities are not
part of a large urban area With hIgh numbers of homeless people and are much more
geographically Isolated than Santa MOnica. In addition, these CIties have devoted
large pieces of property not located In the downtown area of their CIties for this
purpose. Further complications arise In Implementing this option due to the inability
to Identify a local service provider who would be Willing to operate a campground or
safe zone To address the need for site superVISion, the City would have to consider
hlnng a private secunty company or directly operating the campground or safe zone
uSing City staff including Police Department personnel. Based on the information
gathered on other such operations, It IS Important to note that some form of
superVISion and oversight must occur at the campground or safe zone due to the
threat of Violence, alcohol or drug use, and other related problems associated With
large groups of people congregating In one area. Further, an assessment conducted
by City staff With City-funded homeless service prOViders indicated an overriding
concern related to how the campground or safe zone could be part of a larger
continuum of care Staff IS further concerned that a campground may become a
regional attraction
POSSible locatIons conSidered for this option Include Santa Monica Airport, beach
parking lots, 505 Olympic, and 502 Colorado. Through a careful assessment, City
staff has determined that most of these sites are inappropriate due to either (1) a lack
of transportation to the site, (2) current Site use for revenue generating purposes With
a Significant financial Impact, (3) Significant neighborhood Impact. or (4) Inadequate
space and Infrastructure needs
Depending on the number of people to be served, the amenities to be provIded on-site
(I.e. bathrooms, showers, lighting, etc.), the services to be offered (security, Intake,
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outreach) and the location to be utilized, one-time capital costs could range between
$88,000 and $155,000 and ongomg annual operatmg costs from $100,000 to
$200,000. Given the major problems of other such efforts In urban areas, the lack
of a sUitable location In Santa Monica, the lack of an operator, and concerns about the
City's liability, staff does not recommend this option
(2) Expanded Armory Use
The County of Los Angeles currently uses California National Guard Armories for
shelter durmg the winter through Its regional Emergency Cold Weather Shelter
Program Funding for 90 days of shelter mid December through mid February and on
certain weather-determined nights between November and March, IS prOVided through
Federal Emergency ManagementAdmlnlstratlon (FEMA) and Community Service Block
Grant (CSBG) funds In the Westslde of Los Angeles, armOries In Culver City and
West LA a re used for approximately 300 shelter beds The Santa MonIca City CounCil
has been urgmg the County, State and Federal governments to expand this program
to year round SpeCifically, since the January 17, 1994 earthquake, efforts have
Intensified to expand thiS regional shelter resource To date efforts to secure the
armory faCilities and IdentIfy program fundmg have been unsuccessful
The cost for operatmg one armory for approximately 150 people per night IS
$550,000 annually The County currently funds approximately three months of
shelter for $150,000 per year To expand the program by approximately seven
months would reqUire an additional $400,000 per year would require that the armory
site be made available by the State for extended use Without pass through of other
faCility-related costs
City staff Will continue to work With the Council to gain expanded use of these
faCIlities. The City has actively supported SB1691 (CampbeJll, currently before the
California Senate, which would reqUire that all armOries be made available to any City,
county or nonprofit organization which proVides shelter to homeless people.
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However, passage of this bill IS uncertain and because this option IS not Immediately
available, use of an armory will not adequately address the Council's direction for
short-term sleeping alternative
(3) SRO Subsidy
A possible alternative to sleeping In the parks may Include the creation of a City
subsidy program that would provide access to SRO's and motel Units In other areas
of the region Many SRO operators indicate that their screening and eligibility process
take several weeks Most require participants to have 551, General Relief benefits, or
some form of Income and to be linked to case management and other support
services These SRD ' s are considered to be permanent hOUSing options and therefore
are not sUitable as a temporary shelter solution. Moreover, whether thiS solution or
partial solution would meet legal conformity IS problematic.
There are a variety of motels In the downtown Los Angeles area that are more
appropriate than SRD 's for the Immediate need to provide temporary shelter. ThiS
option requires further research to fully understand the availability and requirements
of thiS possible resource. It may be the case that In order to secure their availability
for Immediate access, the City would need to guarantee the payment of a set number
of rooms on a nightly baSIS over the course of the year Some form of transportation
assistance would be essential to make the Units accessible
To determine the feasibility and to establish a Viable program, more work will need to
be completed including the establishment of partnerships and agreements between
Santa Monica agencies and downtown Los Angeles housing development and SOCial
service organizations Staff will pursue thiS research, develop a program and report
back to Council by September 1994
(4) Shelter
City staff have researched and conSidered a number of sites and program plans for the
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operatIon of an Indoor shelter which could provide an alternative sleeping site for
people currently sleeping In parks. Options that would address Council direction
regarding an alternative to sleeping In the parks and assist people In breaking the cycle
of homelessness including achieving self-sufficiency have been considered. Based on
recent park census counts, available accessible property in Santa Monica, and
research on other comparable shelters, It is recommended that a shelter
accommodating 75 to 100 people be established with provIsion for direct referrals
from outreach and police staff The program would provide for accepting a small
number of temporary overflow of sleepers, If needed The Salvation Army IS willing
to operate such a shelter for the City. This would bnng the total number of Clty-
funded shelter beds up to 1 50 Additionally, there are approximately 276 local shelter
beds which are pnvately funded and 300 armory shelter beds dUring the County's
Emergency Cold Weather Shelter Program every December through February.
The new City shelter would proVide a structured program With a limit on how long
participants could stay Without actively working to get off the streets. There will be
a clear expectation that people who sleep In the shelter must participate In other
needed services The Salvation Army would deSign a shelter program that would
serve as an entry pOint to a full continuum of services including case management,
employment, mental health, alcohol detox and treatment and other supportive
assistance City staff Will work closely With the Salvation Army and other local
service proViders to develop a highly collaborative shelter and serVice model The
Salvation Army Will document and track participant Involvement In the program. Rules
of behaVior Will be established to create a safe environment The Salvation Army Will
develop a gnevance procedure. City staff Will work with the Salvation Army to ensure
Involvement With homeless and formerly homeless people In adVisory and staff
capacities. (The Salvation Army has successfully Involved homeless and formerly
homeless people In their SHWASHLOCK Program).
Staff conSidered the follOWing downtown, City-owned sites for a shelter 612
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Colorado, 502 Colorado, and 505 Olympic. After careful review of the advantages
and disadvantages of each site, staff has determined that a temporary shelter IS best
sUited for 505 Olympic.
Staff recommends that the Salvation Army be designated as the operator of the 75
to 100 bed shelter In a pre-fabricated structure on 505 Olympic to be established In
July 1994. One-time capital costs would be approximately $390,000 and annual
operating costs would be approximately $365,000 per year In order to expedite the
development of a shelter, an emergency ordinance IS reqUired to exempt the City from
certain zoning reqUirements and a resolution to expedite purchasing and bidding
procedures must be adopted. These ordinances are agendlzed separately for Council
consideration tOnight (Items #8-0 and 9-B)
(5) Expanded Storage
On March 22 and 29, 1994, the Council Identified as an Immediate concern the
excessive amounts of personal belongings being stored In parks and other public
spaces for long periods of time One strategy to address thiS may be to Increase the
locker storage space available to homeless people. In November 1993, the Salvation
Army opened a "SHWASHLOCK" (showers, washers, lockers) program linked With
other SOCial services at 505 OlympiC Boulevard ThiS program currently Includes 1 00
cubical style lockers that can store essential belongings For program expansion, one
time capital costs would range from $5,000 (100 used lockers In a shelter) to
$135,000 (200 lockers In an additional trailer at 505 Olympic)
ThiS option IS feaSible, In conjunction With other options deSCribed above, although
alone It does not address the legal conSiderations of park closure Staff could
conSider expanSion of thiS program as part of a shelter development or In the review
of grant funding In the FY94-95 Community Development Plan to be brought before
Council In June 1994.
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(6) Park Outreach and Case Manaqement
The City Council and staff have Identified the need for significantly strengthened
outreach and case management servIces In Santa MOnica In order to bring addItIOnal
shelter and service resources to the hardest to reach of the homeless population living
in our parks. Two separate, although related efforts are underway to address thiS.
One IS the restructuring of the current Outreach Team contract to Include thiS
approach. The second IS a one-time pilot established between the City and the Ocean
Park Community Center for four months of intensive case management for 50-60
people In Lincoln, Memorial and Palisades parks with the goal of getting people out
of the parks and Into needed shelter/housing linked with services The one-time pilot
will cost $18,000, IS covered within eXisting funds and IS currently underway. The
pilot Will provide Important experience and assist In making the Outreach Team
contract program deSign both practical and effective.
While thiS option alone does not address the legal considerations of park closure, It
IS an Important component If linked with other options described above City staff Will
direct the efforts of both the newly constituted Outreach Team (July 1994) and the
four month IntenSive case management pilot project (currently underway) to assist
with Implementation of night park closure.
(7) Motel Vouchers
Homeless families do not tend to be VISible In the community and have not been
Identified as a significant population currently sleeping In parks However, there are
homeless families In Santa Monica and several of the other optIons discussed In thiS
report, specifically a campground or safe zone, an expanded armory program, and a
shelter, may not be particularly sUitable for families. Therefore, some type of motel
voucher program may be a useful alternative for outreach staff, park rangers or pollee
officers when they encounter a homeless family, Currently, local service proViders
receive an annual allotment of motel vouchers for families through FEMA While there
are never enough vouchers to meet the demand, It would be Important that any Santa
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MonIca voucher program be closely coordinated with agency FEMA vouchers
Motel vouchers are expensive on a per mght basIs, costing between $30 to $40 per
night, depending on the motel However, there are no one-time capital costs Involved
In thiS option. Annual operating costs could range from $10,950 (average of one
family per night at $30) to $43,800 (three families per night at $40 ) Vouchers could
be provided on an-emergency or case-by-case baSIS for families wIth a requirement
that these vouchers be combined with case management services Staff recommends
that the voucher program option be conSIdered an emergency solution available for
homeless families through the Park Outreach Teams and the Police Department
Program details and final costs Will be presented as part of the FY 94-95 budget.
Food Service to the General Public
On March 29, 1994 the City Council directed the City Attorney to evaluate an
ordinance which prOVides that any person serving food to the general public must
obtain a City bUSiness license and comply With all applicable City and County
requirements related to food serVice, incorporating the Los Angeles County Health
code by reference. The City Counctl suggested that these reqUirements should 1)
apply to servers that are actIve on a regular baSIS, 2) apply to food served to the
general publIC, 3) not apply solely to the parks, and 4l be conSidered a health and
safety Issue The Council seeks a solution that IS fleXible so that Infrequent SOCial or
political gathenngs can serve food to group members Councilmembers Cited
examples such as the Girl Scouts' summer camp "day In the park" and a local
neighborhood group's annual picniC Staff has begun evaluating optIons and plans
to return to Council In late May With a proposal on thiS matter In addition, staff Will
evaluate the usefulness of the County Health Code and any enforcement problems
attendant upon uSing It. Finally, the diSCUSSion of thiS Issue wllllnclude Information
on how other JUrisdictIOns regulate park usage
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Prosecution Priorities of Public Drunkenness and Oisorderlv Conduct
The City Attorney's Office and Pollee Department staff were directed to report on
enforcement of laws prohibiting public drunkenness and disorderly conduct. Current
procedures allow people picked up for public drunkenness to become sober and then
be released without prosecution The JOint evaluation of current procedures should
be completed by the end of May when the staff Will return to the Council with
additional Information and recommendations.
Results Onented Social Services
The City Council directed staff to provide analysIs and recommendations on the
current homeless service network In Santa MOnica Including how City-funded efforts
could be more result Oriented. Council requested Information on the potential of
redirecting City support for emergency services to long-term services that are outcome
oriented Councllmembers requested data on what programs are working and which
are not successful Council directed staff to address these Issues as part of the
budget process AnalysIs and recommendations will be Included In the FY 1994-95
Community Development (CD) Plan, for Council conSideration as part of the budget
In June. Staff will conSider options for redirecting current funding, better tracking of
results and linking shelter to services and employment.
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BUDGET IMPACT
The staff recommendatIOn to provIde an alternative to sleeping In the parks with a
temporary shelter to be located at 505 Olympic results In the followmg financial
Impact:
I I--O;l~- Til~l~'- FY .~ 9~4 9u
i OlJr~riltlllU
Currently $325,889 N/A
Appropnated
ReqUired $ 64,111 N/A
Appropnatlon
Total $390,000 $365,000*
* All or part of the FY 1994-95 Shelter Operatmg Budget may come from a
redirection of current homeless program funding.
Therefore, the Council Will need to appropnate an additional $64,111 from the
General Fund for one-time expenses to CapIta/Improvement Project account #01-720-
262-20093-8900-99378 Any minimal start up operatmg expenses needed for the
current fiscal year Will be covered by currently appropriated funds The annual
operating budget for the shelter Will be approxImately $365,000 Final appropriations
reqUired for the shelter In FY 1994-95 Will be part of the June 1994 budget
recommendations, specifically In the Community Development grant program Staff
will present options for fundmg all or part of the shelter operating costs from a
redirection from current projects.
RECOMMENDATIONS
City staff recommends that the CounCil' 1) approve the emergency ordinances
(transmitted In separate reports) to expedite shelter development, 2) direct staff to
establish a temporary shelter, Including additional lockers, for 75 to 100 people at
505 OlympiC to begin as soon as possible, 3) make the finanCial appropriation as
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defined In the Budget Impact Section above, 4) designate the Salvation Army as the
shelter operator, 5) direct the City Manager to negotiate and execute a contract for
operating assIstance with the Salvation Army, 6) Implement the park closure
ordinance In conjunction with opening of the shelter or as otherwise deemed
appropriate, 7) direct staff to pursue further research and If feasible, develop a
program lInkIng homeless people to downtown los Angeles SRO's and other housIng
resources, and 8) direct staff to evaluate the use of motel vouchers for families as
part of the comprehensive homeless services approach to be recommended In the FY
1994-95 Community Development Plan and grant budget.
Prepared by. Susan McCarthy, Acting Assistant City Manager
JulIe Rusk, Manager, Human Services DIvIsIOn
Jim Butts, Chief of Pollee
Marsha Jones Moutne, City Attorney
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