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SR-301-004 (20) F:\HumanServices\Share\CD PROGRAM-PROGRAM AREAS\Homeless Programs\Staff Reports\update on homelessness march 2005.doc Council MeetingMarch 22, 2005 Santa Monica, California : TO: Mayor and City Council FROM: City Staff SUBJECT: Update on Implementation of Strategies to Address Homelessness in Santa Monica including Recommendations to Allocate $10,000 to Support the Securing of a Building in Los Angeles for a Proposed Regional Psychiatric Urgent Care and Sobering Center Facility; Adopt a Resolution in Conjunction with the Westside Council of Governments and Direct Staff Regarding any Appropriate Modifications to City Policy or Law. . Introduction This report provides an update on implementation of strategies to address homelessness in Santa Monica including recommendations to allocate $10,000 to support the securing of a building in Los Angeles for a regional Psychiatric Urgent Care and Sobering Center facility; adopt a resolution in conjunction with the Westside Council of Governments (COG) and direct staff regarding any appropriate modifications to City policy or law. Background The current policy framework regarding homelessness was established in 1991 with adoption of the Homeless Task Force Report, refined in 1994 with Council adoption of the Public Safety Initiative and reaffirmed numerous times in the intervening years – most recently earlier this year. This framework sets forth the goal that homeless people in Santa Monica’s community be encouraged and supported in their efforts to get off the 1 streets and into programs, housing and when possible, employment. While, recognizing homeless people’s need for basic supports and supplying substantial funding for those supports, the City has called for such supports to be linked with the continuum of care to ensure that people actively move out of homelessness rather than continue to live on the streets. Continued alignment with this policy framework is an important goal for the City and its service providers. In spite of the significant achievements made by homeless persons availing themselves of Santa Monica’s network of services, the impact of homelessness in Santa Monica remains a top community concern. Balancing homeless people’s needs for space, food and sanitary facilities with the larger community need to preserve public open space for all to use and share has been a key policy and operational challenge for the City. As in communities across the region and throughout the country, homeless people congregate in parks and other public spaces with their personal belongings. Charitable groups continue to come to Santa Monica from outside the community to distribute food outdoors and outside the continuum of care framework. Some homeless individuals, particularly those plagued by mental illness and addiction, do not abide by the laws and regulations that govern behavior in public spaces. Such unlawful and anti-social behavior continues to arouse fears and concerns about the safety of public parks and other public spaces. On the other hand, many community members remain very sympathetic with the plight of the homeless. 2 Complaints to the City about objectionable behavior focus on people aggressively panhandling near restaurants; prolonged and heavy use of some parks by people who congregate there with all their belongings and drive others away; people using public restrooms for bathing and washing clothes; people roaming alleys at night noisily gathering cans and bottles from recycling containers; people sleeping or lying in parking structures, alleys and benches; people lying on sidewalks often obstructing pedestrians; and people leaving property unattended in public spaces. In the citywide resident satisfaction survey conducted by Goodwin Simon Strategic Research in January 2005, homelessness once again emerged as the top resident issue, with 39 percent of residents identifying “too many homeless” as the most important problem facing Santa Monica in response to an open-ended question. This is a significant increase of 14 percent from the 2002 survey. Another 6 percent said the main problem is that there are too few services for the homeless, about the same proportion as in 2002. In a separate question asking how serious is the problem of homelessness in Santa Monica, 74 percent of respondents rated it as serious. In other homeless-related questions, 33 percent said the City spends too little on services for the homeless, while 17 percent said the city spends too much. Ratings regarding the enforcement of laws against overnight camping in parks and downtown doorways and aggressive begging or panhandling were weighted more to fair/poor than excellent/good. Negative ratings were higher among those with higher incomes and those dissatisfied with other City services. Those most concerned about homelessness 3 as an issue for the city, according to the survey, are people who have become residents in the last four years, persons aged 35-49, men under 50, and persons living in the downtown (zip 90401) and Wilshire-Montana area (90403). A full report on the findings from the citywide resident satisfaction survey can be found on the City’s website. At the January 11 and February 8, 2005 Council meetings, Council discussed and directed implementation of a range of strategies to address homelessness in Santa Monica. This report provides an update, possible next steps for Council consideration and recommended actions in areas including: Sobering Center/Psychiatric Urgent Facility; the Chronic Homeless Pilot Project; possible ordinance or policy changes; Westside Council of Governments (COG) and advocacy efforts. Discussion Staff has gathered information on a variety of possible measures which could address the community’s concerns and homeless people’s needs. Sobering Center/Psychiatric Urgent Facility: One of the contributing factors to homelessness, particularly among the chronic street population, is drug and alcohol abuse. According to the data available through the City’s homeless services database (ClientTrack), 25% of homeless persons seeking services in Santa Monica self-report a substance abuse problem. Service providers report that the actual rate is closer to 50%. The U.S. Department of Health and Human Services estimates that nationwide, 4 50% of homeless adults experience substance abuse. For half of those, alcohol is the substance of choice. The residential components of Santa Monica’s continuum of care are currently not equipped to deal with chronic inebriates while they are still intoxicated. Many of them are simply transported to local hospitals and use expensive emergency room services. The absence of a “sobering center” where people can be safely taken by Police and Paramedics while they are still inebriated coupled with intensive services designed to steer participants toward sobriety, has been identified as a gap not just in Santa Monica’s continuum of care, but across the entire Westside. At its January 11, 2005 meeting, City Council directed staff to move forward with the development of a sobering center on an expedited basis and expressed an interest in a regional approach, including the potential to include a sobering center in a County- operated psychiatric urgent care center on the Westside. Further, the Council established the following goals for a sobering center. ? To slow or stop the cycle of chronic alcoholics going in and out of detoxification centers, jail and emergency rooms; ? To divert this population off the street and into treatment programs; ? To significantly reduce the uncompensated costs, time constraints and personnel burden to healthcare, law enforcement, fire and paramedics, and judicial infrastructure caused by homeless chronic alcoholics; ? To give people who routinely live on the street an opportunity to create a stable mainstream lifestyle; ? To link with the criminal justice system to promote treatment as an alternative to incarceration; ? To develop a program which does not draw additional homeless persons to Santa Monica from other jurisdictions. 5 Since the January meeting, staff from Community and Cultural Services, Police, Fire and the City Attorney’s Office have been working with the Los Angeles County Department of Mental Health (DMH), local hospitals, and non-profit service providers to examine the potential for both a regional out-patient psychiatric urgent care center and sobering station, and to begin planning for the possible development and implementation of co-located programs. Planning efforts have included a thorough review of current best-practice models of sobering centers. The models reviewed include free-standing sobering centers (not co- located with mental health programs) in Santa Rosa, Escondido, Santa Clara County (San Jose) and Santa Barbara; and sobering centers linked with psychiatric urgent care in San Francisco and Santa Cruz. In addition, models of court-linked programs that offer serial inebriates a treatment option as an alternative to incarceration were studied, including San Diego, Santa Clara County (San Jose), Sonoma County, and Escondido. In San Jose, a free standing sobering center was opened in 1995 – however it was closed in 2003 due to declining use by the Police and the need by clients for medical treatment which could not be met by the center. However, a court-linked drug treatment program in Santa Clara County (San Jose), was instituted in 1997. This program provides one year of treatment as an alternative to incarceration and involves coordination between all sectors of the criminal justice system. Sources estimate the program saves Santa Clara County $1.8 million per year. 6 A literature review indicates that, given the frequent co-occurrence of substance abuse with mental health issues among the chronic street population, the linkage of a sobering station with psychiatric urgent care would yield the most immediate and seamless model of intervention, increasing the likelihood of engaging participants in on-going treatment and ultimately housing. Incorporating the criminal justice system through outreach and alternative sentencing has also been a valuable tool for engaging serial inebriants into the continuum of care in some communities. In other counties, where misdemeanor offenders may actually serve jail time, such programs appear to have been successful. In Los Angeles County, where misdemeanors are seldom sentenced to jail time, the dynamics are very different because criminal prosecution does not pose the same threat. Planning efforts also included a survey of local hospital emergency rooms to determine how many emergency room visits could have been redirected to a psychiatric urgent care and/or sobering center, if those facilities would have been available. During the week of February 14 – 22, emergency room staff from Brotman Medical Center, Saint John’s Hospital, Daniel Freeman Marina Hospital, UCLA and Santa Monica/UCLA completed surveys regarding 100 individuals who were brought to their emergency rooms for the purpose of psychiatric evaluation or hospitalization. Overall, 34% were homeless (80% at Santa Monica/UCLA); 41% did not require inpatient psychiatric hospitalization (and thus could have been taken to an urgent care facility); and 33% would have been appropriate for a sobering center. 7 The findings of the survey validate both the need for a psychiatric urgent care facility and a sobering center. At this time, County DMH is working with a regional provider to secure funding through the Mental Health Services Act established by Proposition 63 for the operation of a psychiatric urgent care facility. It is anticipated that services could begin as early as October, 2005. An available site at 10000 Venice Blvd., directly across from Brotman Medical Center has been identified, and Exodus Recovery, the non-profit provider, is negotiating with the property owner to secure the 10,000 sq. ft. building. Exodus Recovery estimates that they would not need the entire facility for urgent care, thus making it possible to co-locate or integrate a sobering center in the same building. Exodus Recovery needs $30,000 for an initial payment to secure the building. Under the terms of the lease, monthly payments would not begin until September, 2005. DMH is in the process of identifying approximately $20,000 in funding for Exodus Recovery to secure the building, which is highly desirable given its size, location, ample parking and compatible zoning. City staff recommends that the City Council allocate $10,000 to be granted to Exodus Recovery contingent on their receiving the County funds or the equivalent from other sources to meet the shortfall for the initial payment. Between now and September, City staff will continue to work with DMH, other county agencies, and service providers to refine a sobering center program, identify the provider (possibly the CLARE Foundation), develop operating protocols and budget, resolve legal and liability issues, and identify funding sources. Potential funding 8 sources could include local hospitals that will benefit from lower utilization in their emergency rooms, public funds (County, other local jurisdictions or the federal government including Medi-cal reimbursement for eligible clients), and private foundations. Tenant improvements for both the urgent care center and sobering center will be developed and implemented. Finally, City staff will continue to explore ways to involve the criminal justice system in the continuum of care. For example, protocols for the sobering center could include a “cap” on the number of repeat visits, after which inebriates would be arrested, charged, and taken to court, where treatment could be offered as an alternative to incarceration. However, as noted above, one significant barrier to this model in Los Angeles County is the fact that typically, the LA County Jail does not hold persons for misdemeanor violations for longer than 48-72 hours. The review of the literature for court-linked sobering centers does indicate that the prospect of longer incarceration—90-180 days— motivates some inebriates to choose treatment. Chronic Homeless Pilot Project Update: Another service delivery approach continues to focus efforts on individual homeless people who are gravely mentally ill and therefore unable to improve their own lives without significant support. Many communities across the region and nation are turning to models which actively engage and specifically target the most gravely mentally disabled and long time homeless people – with the goal of getting them housed with support services to sustain them in permanent housing. This entails reconfiguration of services, ensuring the availability of 9 housing and effective, coordinated use of public health and law enforcement resources. For the past eight months, City staff (Human Services, Police, Fire, Housing), service providers (OPCC, CLARE, St. Joseph Center, Step Up on Second) and the County Department of Mental Health (Edelman Mental Health and Countywide staff) have developed a pilot project to more effectively target services to those chronic, most difficult to reach and “service resistant” homeless people who have been on Santa Monica’s streets for an extended period of time. The goal of the pilot is to reach these chronic homeless people with a well coordinated, strategic, interdisciplinary and sustained effort - and get them off the streets permanently. To date, 19 people have been enrolled in this pilot project, 11 are off the streets, and all have a service plan. A secondary goal of the pilot project is to understand more about the service delivery systems and processes that enable, and unfortunately sometimes constrain, the ability to achieve substantial and sustainable outcomes for the gravely disabled, chronic homeless population; and, to integrate this understanding into new approaches to service delivery. Lessons learned from the Chronic Homeless Pilot include: ? Individual Needs : The situation of each client is unique. ? Multiple Systems: The prevalence of co-occurring disorders, the severity of the individual’s health, substance abuse and mental health issues, past negative experiences with service delivery, public benefit and criminal justice systems, records of arrest, poor credit, lack of traditional social supports (e.g., family), creates a complicated path out of homelessness with numerous points for a person to lose contact with the systems designed to serve him or her. This complexity requires sustained intervention from multiple service delivery systems: law enforcement and criminal justice; public health, mental health and social services; private non-profits; and personal social networks such as friends and family. 10 ? Need for Informed Consent : The ability and willingness of individuals to give or withhold informed consent for providers in these multiple systems to share information is critical. ? Communication: Communication between these multiple systems of service delivery is critical, and often requires providers to rely on personal contacts with colleagues, spend time on weekends or evenings following up, and work with multiple staff within a particular organization to identify the key person with whom to collaborate. ? High Level of Staff Expertise: The level of intensity required, and the need to sustain the intensity over time, requires that higher level staff step-out of their normal routine of service provision to expend extraordinary efforts to coordinate services for one individual. At current staffing levels, this could mean that the level of service to other clients will decrease. ? Timing and Planning: The succession and timing of events in the path out of homelessness is critical. Planning elements of the path out of homelessness ahead of time, for example, ensuring the availability of key staff from one delivery system to take the “hand off” from another system, can increase the probability of a successful outcome at the key moment an intervention becomes possible. ? Role of Law Enforcement : For many, the first event in the path out of homelessness is interaction with law-enforcement. Police can play a crucial role in making the linkage with outreach and services. Sometimes, an arrest and incarceration can be the precipitating incident for a psychiatric assessment and subsequent care. ? Courts: The criminal and civil court systems can also play a key role. In criminal matters, offering services as an alternative to incarceration can be effective. Civil matters, such as the process for placing persons on a 72-hour hold, or into a conservatorship, can be key ways to initiate and sustain treatment and contact with service providers. Existing laws vary in the effectiveness of their application toward positive outcomes. ? Cost: Staff are assessing the costs involved in this intensive and focused approach to service delivery for the most gravely disabled. It is clear that most of these gravely disabled people will require a lifetime of support to maintain housing and remain off the streets. However, based on studies in San Diego (1997-98) and elsewhere, it is also clear that these chronically homeless people use a disproportionate share of police, paramedics, hospital and other public resources – costly resource use which is reduced when people are in treatment and housing. 11 The successes and lessons from the pilot effort have led participating agencies to agree to continue and expand the pilot in the coming year. One of the challenges will be to institutionalize the lessons learned by developing policies and procedures across the multiple systems of service delivery. A second will be to make sure that the existing resources in Santa Monica’s continuum of care are deployed with maximum effectiveness toward meeting the needs of this population. Possible Ordinance or Policy Changes: Changes in policy and law may help address problem behaviors which impact the entire community. Staff from various City departments, including the City Attorney’s Office, Police, Community and Cultural Services and Environmental and Public Works Management continue to review City ordinances for effectiveness and enforceability, consider revisions or new ordinances as appropriate, and assess the enforcement of ordinances to ensure public safety and the balanced use of public spaces. Key areas of focus include threats to safety, camping and other high impact use of public facilities. Parks and community facilities are intended for shared use by the entire community. Behavior which tends to pose safety threats or monopolize public space forecloses shared use and undermines public safety and welfare. Therefore, staff have focused the following areas: ? Abandoned property : Current City law prohibits leaving unattended property on City sidewalks for more than 10 minutes. This prohibition may be extended to all public parks and open spaces and that extension would serve the need to ensure security in all public spaces in the post-9/11 environment. Also, current practice includes storing abandoned property for 90 days. This amount of storage time can probably be reduced. Increased enforcement may, however, require an additional storage facility. ? Lying or Sitting on Sidewalks : The Los Angeles Municipal Code prohibits sitting or lying on sidewalks everywhere in the City. Santa Monica has a parallel law applying only to the City’s more crowded public space, the Third Street 12 Promenade. Otherwise, blocking sidewalks is prohibited only if less than four feet of width is left clear. A provision similar to Los Angeles’ ordinance could be considered. However, care would be required to avoid the risk of adopting an anti-loitering law because such laws are unconstitutional. ? Overnight use of car in park and beach parking lots: Current local ordinance prohibits being in a car overnight – except to enter or leave a parking lot – in downtown parking structures. This ordinance could be extended to park and beach parking lots throughout the City. ? Use of freeway underpasses and off ramps: While the City’s current prohibition against camping on public property extends citywide, the City could explore developing a law specifically applicable to someone being present in these locations – since they are a dangerous place to be and such a law may be useful as these locations are not technically City property. ? Vehicular camping: The Council previously previously declined to prohibit vehicular camping on City streets. However, residents continue to lodge complaints. One serious concern is that passenger vehicles lack sanitary facilities. The Council may wish to revisit this issue. ? Pier and Memorial Park Showers: Public showers are available at Memorial Park and under the Santa Monica Pier. The Memorial Park showers are open from 6:00 am to 9:00 a.m. and serve approximately 20 to 25 homeless people per day. The Pier showers are open from 5:00 am to 9:00 a.m. and serve about the same number. The showers, while originally intended to supplement park gym use or Pier and beach use, have become an amenity for homeless people. Individuals tend to congregate in front of the facilities before they open and after they close. The presence of homeless individuals has attracted food distribution programs to Memorial Park. Park Rangers and/or Police are called to intercede and manage problems that occur in these locations. th The SWASHLOCK facility located at Olympic and 5 Street (linked to the local continuum of care which assists people in getting off the streets and into housing and services) will be expanded and improved in the coming months. It contains showers, restrooms, lockers and washing machines. It is a more appropriate resource to be offered by the City than the free standing shower facilities at Memorial Park and the Pier. Restricting the showers at Memorial Park to gym users and closure of showers under the Pier may reduce the number of homeless people who congregate at those locations. Westside Council of Governments (COG): The Westside COG has begun collaboration on regional strategies to address homelessness. Following COG 13 discussion in November 2004, staff formed a regional working group including all the Westside Cities and representatives from the County, Congressman Henry Waxman’s office and service providers to outline steps for joint regional efforts to address homelessness including potential use of the federally owned Veteran’s Administration (VA) property in West Los Angeles. On February 17, 2005, the Westside COG devoted substantial time on its agenda to discussion of homelessness and how the cities might successfully cooperate. After an initial presentation from Supervisor Zev Yaroslavsky, each of the COG cities (West Hollywood, Culver City, Beverly Hills, and Los Angeles) agreed to bring a resolution to its City Councils for collective action. The resolution (See attachment) calls for creation of a regional year-round shelter (including pursuing capital, operating and program funding) and continued advocacy to both secure funds and needed legislative reform to realize this vision. Better use of the VA property is a centerpiece of this effort. The proposed resolution represents the policy framework for joint action and is complemented by formation of a subcommittee of the COG, in addition to the staff working group, charged with developing next steps. Advocacy: The programmatic efforts and local policy actions described above endeavor to assist homeless people and manage the impact of homelessness on the general community. It is important that the City continue and expand its legislative and policy advocacy efforts to ensure that the mental health, public health, criminal justice and other levels of government do all they can to address and end chronic homelessness across the region and nation. Towards that end, specific issues to be addressed include the following: 14 ? Mental Health : All effective laws must be employed on behalf of homeless individuals that suffer from chronic mental illness. Life on the street is not acceptable for the healthy and certainly is not viable for those with serious mental illness. Laws such as the Lanterman-Petri-Short (LPS) may preclude the involuntary detainment of people who are seriously mentally disabled. The language of LPS, as well as its interpretation and implementation, have continued to allow many chronic homeless and gravely disabled people to remain on the streets of Santa Monica. Passed over thirty years ago, LPS is a California law that states that people rendered incapable of making rational decisions - no matter how psychotic or delusional - must be an immediate danger to themselves or others before being placed in treatment. Moreover, even when they are permitted, interventions are usually limited to short inpatient stays. More recently, Laura’s Law (AB 1421), fashioned after New York’s proven “Kendra’s Law”, was enacted in California to make sustained and court-mandated assisted outpatient treatment available – with a progressive eligibility standard for those who do not meet LPS’s restrictive dangerousness threshold for inpatient hospitalization. However, this vital assistance will only be available in Los Angeles County when a full implementation program is established and funded. While the new Mental Health Services Act funds (Proposition 63) will provide a 15% increase to the Department of Mental Health’s operating budget, use of legal tools such as Laura’s Law must be a priority. ? Criminal Justice System: It is widely known that no one committing a “quality of life” offense goes to jail in Los Angeles County due to actual or perceived operating funding shortfalls. And yet often approaches like the SOS (Streets or Services) program motivate individuals to choose an alternative rehabilitation program rather than jail time. The County must redirect resources to utilize now empty facilities rather than turn offenders back on the streets either without consequences for their actions or the skills they desperately need to survive in society. As described earlier in this report, a review of best practice programs in other communities clearly demonstrates the important role of court mandated alternative sentencing programs. However, these court mandated programs will only work if the alternative of serving time in jail is real. ? Enforcement of Public Health Laws: In spite of several years of joint planning with hard working and committed Department of Public Health staff, enforcement of County and State health regulations regarding outdoor food distribution is not a priority for the County. This hinders City efforts to ensure that outdoor food groups are in compliance with health laws. County implementation of health regulations requires consistent application of public health enforcement resources. Should the Council concur, these advocacy issues will be an important focus of efforts in the coming months. 15 Budget/Financial Impact Funds ($10,000) to support the securing of the building that would house the psychiatric urgent care facility and sobering center are in account #01202.544390. Recommendation City staff recommends that the City Council; 1) support securing a building for a regional psychiatric urgent care facility and sobering center with an allocation of $10,000 contingent on receipt of County or alternative funding for the balance required; 2) provide direction regarding any appropriate modifications to City policy (e.g. specified public restroom closures or limitations on use) or law; and 3) adopt the attached COG resolution. Prepared by: Barbara Stinchfield, Director of Community and Cultural Services Julie Rusk, Human Services Manager Stacy Rowe, Human Services Administrator Setareh Yavari, Acting Homeless Services Coordinator Marsha Jones Moutrie, City Attorney James Butts, Chief of Police Phil Sanchez, Deputy Police Chief Jim Hone, Fire Chief Bruce Davis, Fire Captain Kate Vernez, Assistant to the City Manager - Intergovernmental Affairs (See Adopted Resolution No. 10028 (CCS) Attachment: COG Resolution ). 16