Monday, June 4, 2018

BOS, Tuesday, June 4th


All,

After six months of silence, the Board of Supervisors will reveal their mind on policing people in the streets and camps on Tuesday. Judging by the attached report on the subject, we can expect to hear the opposite of what we heard in December, 2017, when most supervisors emphatically approved of a transitional village approach, and wanted to move ahead quickly. Instead, this document discourages sanctioned encampments from being considered, while implying that the Board will provide something much better somehow. Please join us on Tuesday at the Board of Supervisors meeting at 9:30 am, at 575 Administration Drive in Santa Rosa, for the delivery of the county's encampment report and public comment on it. We will be planning our response on Monday at the Homeless Action! meeting, starting at 9:30 am at First United Methodist Church, 1505 Montgomery, Santa Rosa.


This is our chance to hear the supervisors' thoughts on transitional villages, and discover if they have really changed their opinion so much. As long as they address our objections and points explicitly in their conversation, we request that no attempts to shut down or recess the meeting be made. How many of our homeless friends can we help get to the meeting? Those of us with homeless friends should try to find them- please call me at 707.235.8259 if you need help that way, and we can try to coordinate. Their presence is essential for the raw testimony and examples of courage that we need to refute these obsessions with budget, process, and the misunderstood risks of homelessness.

We need people to hold large signs, and others to hold other signs. We have plenty for those who can't make them. 

Let's reach out to our nonprofit and clergy friends, please! 

Homeless Action! has asked to do a 20 minute presentation as an offset to this complete turnaround of stated intention. Contact Kathleen if you'd like to participate. We will need 6 to 9 of us speaking, centering on the "talking points on the CDC Encampment presentation" below. 

See you Tuesday morning! 

-Scott


Talking Points on the CDC Encampment presentation



Below is an expanded list of points we'd like to make together about the county's presentation. Our list of points is long because the document is full of errors in emphasis, facts, and logic. Please review the presentation itself if you have time (attached) and think of your own concerns. Connecting with the below points when you speak where appropriate will make our points more memorable and clearer.


- There isn't only one goal of Sonoma County's homeless system of care worth mentioning ("the goal of the homeless system of care is to end
homelessness"). It is a system of care: it doesn't in the least exist only "to end homelessness." Mostly, our system of care provides necessary health and welfare to the indigent, and helps prevents unconstitutional abuse by government and others. This is not a shocking or dastardly fact that contradicts the spirit of Housing First: our emergency shelters and all other programs leading to housing place the safety and care of the individuals in their care far above housing as a priority.. Budget has nothing to do with it. Comparing and contrasting the care and housing budgets, or commingling the budgets, or trying to cut corners on charity to build houses is ludicrous. 

Government uses housing needs as a battering ram against those in camps and the streets, providing an excuse for scattering and other poor tools of homelessness management. Government must stop asserting that the needs of the indigent may be ignored because spending money on them would use money we need for housing.

- Government cannot ignore the needs of the indigent simply because they can't or won't go into emergency sheltersThis is yet another government document on the subject that doesn't acknowledge a key fact, one that several supervisors mentioned at their last discussion of encampments: many people cannot and should not enter emergency shelters. Why are we still ignoring this fact? Why won't government include this population in its strategic vision? Why are they scattered and lost instead?

Buried in this discrimination is a tendency to think too much about how worthy homeless people are for housing programs, how acceptable their behavior is, how obedient and reliable they are. There's a strong sense that one must be worthy to sign up for and wait for housing. But as the Sonoma County Commission on Human Rights recently discussed, government must first provide our homeless friends their basic human rights. Government may sort out who is worthy for what housing program, or express concern when homeless people aren't progressing the way they'd like– but that's a separate process from providing them life's basics and leaving them unmolested.



- None of the high costs of the scatterings of encampments are even mentioned, let alone discussed, despite the county having just undergone an extraordinarily expensive set of evictions in rapid order. We will repeat these costs and risks, if the CDC recommendation is allowed to stand, and keep ignoring them.
  
 



- It doesn't discuss a single advantage to encampments or transitional villages except to say in passing that some residents "feel safe" in encampments. In fact, public health, the police, and any service provider who has had a hard time finding their clients can attest to the increased safety and stability of even the bad encampments we've had recently over a scattered population.



- The final section uses phrases like feedback loop, consolidated leadership, multi-agency, response to data, and flexibility to promise a bright future ahead– after a report that simply denigrates encampments. None of these phrases are explained or justified. 



- This is an attempt to effectively deny the existence of a suffering community. Current policy remains a rout of our rights, an unreasoned, cruel approach with our friends and families. We are being force-fed evictions like geese, while an insane, misplaced emphasis on permanent housing lets us stay blind to cruelty, scattering, and open oppression.

- Attacking living outside as unacceptable is deceptive and beside the point, when 1) government scatters the disabled enthusiastically, at any and all times of the year, to justify spending money on "permanent" housing, and 2) government doesn't discuss providing insulated tents or insulated inexpensive sheds in sanctioned villages for the estimated 400 in encampments now. 

Officials lump all "living outside" lifestyles together as unacceptable in this and other Housing First documents. This false statement is then used to justify a procedure of putting pressure on street and camp people to go into emergency shelters, whether it's right for them (and others) or not. This government talks down "living outside" as unacceptable ("not meant for human habitation")while pretending living outside is optional for homeless people. They condemn it nonsensically, and then make the experience far riskier and more painful through evictions

There are a few aspects of "living outside" that need to be considered before we figure out how acceptable it is. There's the nightmare of being 1) scattered 2) in winter 3) while sick, because someone doesn't want you where you are. Then there's an opposite experience outside, in an 4) insulated tent or shed, on your own piece of 5) earth, in a warm sleeping bag, watching a movie, knowing that 6) nobody is going to rip open your door, tell you to move everything you have now, and 7) throw you and your possessions out into whatever weather prevails, into 8) whatever neighborhood they allow you in. In other words, there are outdoor experiences that range from good to nightmarish, and government should acknowledge that.

Here is a sentence from the report, used to make "encampments" (of any kind, apparently) look unhelpful: "The number of people living in conditions not meant for human habitation would not be reduced by permitting such camps." Let's reword this and see if it makes as much sense to the reader: "We shouldn't have sanctioned villages because the same number of people will still be outside." We have made many efforts to explain the advantages of transitional villages to the CDC and the Board. Stability can be obtained out of doors. it is wrong to equate "tent" and "transitional villages" to "not fit for human habitation". Especially when we know that for many, that is the best they will get, Housing First miracles or no. It is a circular, tangential argument.


- Local police will acknowledge off-the-record what police in areas with transitional villages often state, that homeless people in groups are much easier and cheaper to police. The local police are afraid to reveal this common opinion among themselves due to politics. Yet anyone standing in even unsanctioned encampments day after day can testify how relatively easy they are, simply by observing that a whole local police unit devoted to homelessness rarely feels the need to be present more than one to three brief times a day, no matter how large the encampment. Emergency police calls to the Roseland camps were relatively rare, partially because the "first responders" are friends and leaders who break up fights, distract the angry, negotiate, respond to theft and overdose situations, and protect the elderly.

- Worrying about how hard it might be to wind down transitional villages some day is another feint. One has such a concern about almost any social welfare project.. If we build housing, transitional villages will empty. If we don't build adequate housing, we will still need the villages. It's that simple. This is yet another straw man argument of the opposition of transitional villages.

- The report says that transitional villages may be poor at getting a challenged population into permanent housing. That assertion then allows the report to declare that transitional villages are a waste of money. But sanctioned encampments are designed first to satisfy goals of safety and stability, not as some optimal path to the tiny, clawed-after pool of permanent housing. They provide stability to a highly unstable population. Well-designed and managed transitional villages can provide health, safety, and useful services at a very reasonable cost; these are all essential steps to stability for any housing search. It would be strange if many of them were particularly good at foisting candidates for permanent housing opportunities. Some villages, focused say on the elderly, the immediately employable, or veterans, might be great funnels into permanent housing. The narrowness of the analysis of the report makes this assertion of high expense deceptive, yet another irrelevant, missed mark. 

This is another example of housing used as a cudgel to discourage a foundation of basic care. Most of the MIS this board should be looking at to evaluate transitional villages should have nothing to do with a person's eventual housing, or some "competitor" program housing, but with the cost of quality of care, and quality of life.

- Transitional villages are completely different from "large encampments", and the report continually blends the two as "encampments", "permitted encampments", camps, and other phrases. Among other evidence of carelessness with the principles involved, neither "transitional" nor "village" are used in the report (the village concept is key to any successful encampment strategy; the term is endemic in research.) 

Transitional villages can also have a variety of implementations, to handle a widely heterogenous population with widely-varying risks. Key for all transitional villages, though, are bathroom facilities, clean water, trash service, adequate security fencing, an application requirement, and the ability to evict villagers. One version of a funded transitional village is as an outside, more spacious, relatively private emergency shelter.  Some villages can be much less expensive than a shelter resident counterpart; others might be as much or more, depending on the resident profiles and community goals. 

- Government must allow people a place to live unmolested. People cannot be punished for being poor while waiting for permanent housing to suddenly appear from impending Housing First miracles. It is the simplest of points. It is incredible to me that government still wiggles on the end of this hook, in and out of court, denying our Constitutional right to avoid cruel and unusual punishment at every turn. 

- The CDC's statistical permanent housing measures are a manipulation and a set of mirages. Temporary stays at Palms, one of the most exalted of the "permanent housing" options, gives them months of shelter before being sent back on the streets. One friend at the Palms is already having eviction nightmares, worrying about what will happen in a little over a year. Other mere delays of homelessness make up the majority of "permanent housing" by Catholic Charity's measure. The only housing that should truly be labeled permanent is incredibly expensive new housing or astronomical rent subsidies in perpetuity, both of which are vanishingly rare. Yet these statistics are used as a bludgeon against transitional villages.

- Camp Michela, which the report makes an effort to hold up as an important failure, should never be thought of as a model village or a failure, for many reasons too involved to go into here. 

– small tiny-home villages can leverage recent permitting changes to offer tremendous, cost-effective, permanent solutions for many. Not only are they not being aggressively evaluated as a cost-effective solution, neither they nor inexpensive huts are even mentioned in this report.

- the "navigation center" at the hardware store, an abuse of the term, was a terrible waste of funds. An equivalent amount could've generated a year of services support far beyond basic services, with an insulated tuff sheds tossed in for each person evicted from the encampment in late April. Instead, the county's program was developed without the input from either volunteer or village resident, and suffered from astounding lack of common sense. The failure of bad management and strategy is being set at the feet of the homeless population itself, who never asked for the navigation center, and rarely used it.

- No discussion of the systematic, documented neglect by current practices of the disabled, many on federal assistance, who comprise at least a large minority of our friends on the streets.

- Focusing on achieving the vanishingly rare "functional zero" level of homelessness, when our homelessness problem is far worse than the average county, allows government to justify the abuse homeless people and pretend a fiction about ending homelessness, with talk about flexibility and responsiveness and best practices and feedback loops. There is virtually no true permanent housing available, no matter how flexible a supervisor is getting. Ironically, that focus is being used to reject safe, healthy transitional villages as part of the Housing First solution.

- The statistics used are a manipulation. Evaluating success in both housing and care of the homeless is much more complicated and nuanced and perplexing than is presented.

- No homeless advocates were consulted to prepare this report, and apparently no homeless people were, either. Involving select stakeholders is not good government in action; in social services, it is a recipe for failure.


TITLE:  The Sonoma County Homeless System of Care: Best Practices for
Maximizing Exits from Homelessness into Permanent Stable Housing
TO:  Board of Supervisors and Board of Commissioners
Staff Name and Phone Number
Geoffrey Ross, 565-7508 June 5, 2018
Executive Summary:
In this presentation, the Commission will provide local and national guidance regarding sanctioned encampments, in the context of the Sonoma County homeless system of care. While the work of the County and City Homeless System Redesign Ad Hoc Committees is not yet complete, the Commission will also offer a preview of the recommendations that are in development.
Discussion: Sanctioned Encampments
Earlier this month, the United States Interagency Council on Homelessness (USICH) published a timely brief summarizing the experiences of communities nationwide that have tried sanctioned homeless encampments as a strategy to address homelessness

Titled Caution is Needed When Considering “Sanctioned Encampments” or “Safe Zones,” the brief’s findings provide a useful framework for exploring the feasibility and utility  of sanctioned homeless encampments as a model to address homelessness in Sonoma  County. Following national best practices, analysis of this model should be seen against  a preliminary set of assumptions: the goal of the homeless system of care is to end homelessness—both for individuals and for the community as a whole. Therefore, the success of any service model can be measured by the number (or percentage) or people exiting that intervention into permanent housing, and the investment required to achieve this goal.

The attached USICH brief makes four key points. Each point is quoted below and accompanied by the local experience with that content.

1. Creating these environments may make it look and feel like the community is taking action to end homelessness on the surface—but, by themselves, they have little impact on reducing homelessness.
People living in a permitted encampment would still be homeless. Tents by their nature are not suitable for human habitation, nor can they provide ADA accessibility for people with physical disabilities. Permitting camping in one or more locations does nothing to change that fact: even with adequate sanitation and running water, there would be exposure to cold and rain, and participants would be unable to prepare food in sanitary conditions. The number of people living in conditions not meant for human habitation would not be reduced by permitting such camps.
2. Creating these environments can be costly in money, staff time, and effort.
Some advocates for permitted encampments claim these programs have had great success at getting homeless persons into permanent housing, it seems without investigating actual results and costs of existing programs. They also promote the idea that a “self-governing” model would be an inexpensive bridge to housing.
The City of Seattle was the first in the country to offer public land and funding to support permitted encampments. The encampments were operated on a self-governance model with clean and sober program requirements comparable to those promoted by local advocates. These were supplemented with case management for an annual program cost of $755,500. In June 2017 that city reported that of 759 persons served through the city’s six permitted encampments, 121 (16%) exited to permanent housing destinations, for a total investment of $8,888 per homeless episode ended.

Program
Annual Budget
Homeless
Episodes Ended
% of exits to
Permanent Housing
Costs per homeless Episode
Ended
Seattle Tent City
$755,500

121

16%

$8,555

COTS Mary Isaacs
$609,762

151

33%
$4,038
CAPSC Sloan House
$115,198

36
82%
$3,200

These costs are comparable to that of a large “high barrier” (e.g., clean and sober) shelter. In FY 2016- 17, COTS operated the Mary Isaak Center Emergency Shelter in Petaluma as a clean and sober facility, on a budget of $609,762 for 100 beds that served 545 single adults in that year. Of 461 persons exiting the shelter over the course of the year, 151 (33%) went to permanent housing destinations. For each episode of homelessness that was ended, the investment was $4,038.
Even a small high barrier shelter can exceed the Seattle permitted encampments’ performance at lower cost. In FY 2016-17, Community Action Partnership’s Sloan Women’s Shelter assisted 36 out of 44 women who exited the program (82%) to enter permanent housing on a budget of $115,198. The cost of each episode of homelessness ended was just $3,200.
As the local system of care implements federal mandates that prioritize limited resources to those with the highest needs, the cost to end homeless episodes will rise. It should be noted here that high barrier shelters, and self-governed clean and sober encampments, do not even attempt to assist the most vulnerable persons, leaving them outside in the elements.

3. These environments can prove difficult to manage and maintain.
In Sonoma County, there is broad recognition by local law enforcement agencies, social services agencies and local elected officials that homeless people face substantial stigma and negative interaction with the general public when living outside. Law enforcement agencies have welcomed the re-introduction of street outreach programs to Sonoma County in recent years, offering their agencies an alternative to simply “pushing people down the road.” When encampments are small, engagement into the system of care is now the primary intervention. For two years, the Commission did not take enforcement action against a small encampment on its Roseland Village property—warning the group regularly that when development timelines required, the camp would be required to move. The HOST team set up its shower trailer on the Roseland Village site twice a week, and worked to engage people into services and out of homelessness.
Over two years, Commission staffers observed this self-governed camp. This camp started out stricter than most local shelters, but became increasingly dysfunctional and dangerous as the camp leaders resolved their homelessness and moved on. In the year before the influx of November 2017, the leadership of the HOST team prohibited outreach workers from going inside this supposedly “model” encampment, due to illegal drug activity taking place there.
Some encampment occupants have stated that they feel safe in encampments with the supportive community there. These sentiments should be taken seriously. But it is important to recognize the real public safety threats when one is living outdoors. In the last month alone, there have been three stabbings at the Joe Rodota Trail encampment. Within the County’s homeless system of care, there are alternatives available that can offer similar community networks and support, while also ensuring privacy and security.
4. Although often proposed as “temporary” approaches, these programs prove difficult to close once they open.
When encampments grow so large that they pose significant threats to public health and public safety, as in the recent cases of the Roseland Village and Joe Rodota Trail encampments, public officials have a responsibility to close them. During these highly visible and sometimes contentious camp closures, law enforcement is still focused on engaging homeless people into the system of care, rather than imposing criminal charges for living outside.
To address the Roseland Village encampment, the Commission brought together service providers from across the County system, along with non-profit providers, to create a “Housing Navigation Center” with intensive health and human services resources as well as housing placement workers. On May 22nd, the Board approved the addition of $100,000 to the Commission’s contract with Catholic Charities for the Homeless Outreach Service Team in order to allow the team to anchor the Navigation Center full-time for the six weeks the Center was open, and for several weeks of intensive engagement of participants even after the closure. The Commission set aside another $100,000 of its HOME funds to assist Roseland Village occupants into permanent housing, adding it to $90,000 that the County provided through its FY 2018-19 budget to the City of Santa Rosa, for rapid re-housing of people moving from encampments. These costs do not include the costs of providing sanitation facilities to minimize the public health risk, lease the former Roseland Hardware Building and make tenant improvements so that it could function as the Navigation Center, and maintain the lease in order to provide storage for any person leaving the encampment who wished to utilize it, for 90 days.
It is due to these efforts that, when a motion for a temporary restraining order was heard in federal court on April 5th, the County of Sonoma and the Commission prevailed. The judge’s order denying the restraining order stated that “...in this case, the record developed so far suggests the government has made adequate shelter options available to encampment residents.”
The difficulty of resolving the Roseland Village encampment was complicated by advocates who claimed without basis that there were not enough beds, and sometimes discouraged unsheltered people from accepting assistance with the promise of a sanctioned encampment. Despite this difficulty and a larger number of people moving to the Rodota Trail, 12 people were permanently housed through this effort, and 63 people accepted temporary housing.
The Sonoma County Homeless System of Care
The USICH brief concludes with the question, Are we doing all we can within our existing emergency shelter programs, and can we also create more effective indoor shelter or crisis housing options, if needed?
Like all homeless systems of care across the United States, Sonoma County’s homeless system of care is in the midst of transformation, putting in place a Coordinated Entry system that prioritizes our limited resources to the people who need them the most. The current program standards for State and federal funding sources all require substantial implementation of a “Housing First” strategy that quickly resolves homeless episodes by lowering the barriers to entering shelters, placing people into permanent housing, and wrapping services around them to ensure stability. In Sonoma County, Coordinated Entry began for all homeless populations in September 2017, and has expanded exponentially as agencies serving low income populations, advocates, and homeless people themselves begin to understand the value of this systems change. We have only begun, and there is much to improve as we evaluate our progress and adjust our system of care.
Emergency shelters do not end homelessness, but they improve the safety of people who are homeless by bringing them inside. As emergency shelters adapt to the new requirements, people who are experiencing homelessness will have increased access to resources to find permanent housing. As an indicator of our progress to date, between 2016 and 2017 the percentage of people leaving all emergency shelters for permanent housing increased from 20% to 27%. During the same period, the percentage of people who retained their housing after a rapid re-housing placement increased from 86% to 90%.
The best investment of public dollars by far is in developing permanent supportive housing. To fully meet the needs of vulnerable populations countywide, it is estimated that we need six times the amount of permanent supportive housing that is currently available. For the last decade, every estimate of needed housing for homeless persons has suggested that if we had enough permanent housing, we would need many fewer shelter beds. We do need to invest in the current shelter system so that it functions optimally. Beyond that, stewardship of our scarce funds requires that every extra dollar go into permanent housing.
Homeless System Redesign
Together with the County and City Homeless System Redesign Ad Hoc Committees, the Commission and City of Santa Rosa staff have reviewed nine communities across the nation that have been able to achieve “functional zero” for certain sub-groups among their homeless population.
“Functional Zero” is a concept developed by Community Solutions (originators of the 100,000 Homes Campaign and other national innovations) and adopted by HUD. “Functional zero” is reached when the number of individuals experiencing homelessness within a community is less than the average number of individuals being connected with permanent housing each month. The nine successful communities share four critical features in their systems of care:
.                 (1)  A real-time feedback loop (e.g., clean, up-to-date data);
.                 (2)  A consolidated leadership body representative of a multi-agency team, and capable of making fast decisions in response to data;
.                 (3)  Flexible and aligned resources that can be shifted and reallocated in response to changing information; and
.                 (4)  A menu of proven best practices, organized according to the types of problems a community may need to solve over time.
These concepts will be incorporated into the Ad Hoc Committees’ developing shared recommendations to the Board and Council regarding a new governing structure for the homeless system of care, designed to maximize impact and reach functional zero. The Commission and the Ad Hoc hope to bring the fully developed recommendation to the Board in the coming 

Thursday, May 17, 2018

Homeless Action! Presentation to BOS


Homeless Action! Presentation to the Sonoma County Board of Supervisors
5-8-18


Good morning, supervisors. Homeless Action would like to talk to you about safe encampments today. We agree with Jill Ravitch’s recent statement about Last Chance village, that your current approach of evicting and prosecuting homeless people essentially for not having enough money for decent housing is immoral, cruel, and expensive. We are sad and frustrated that you continue to support a policy of eviction when there is nowhere for the evicted to legally go. The needs of those who cannot go into shelters, which we think are roughly half the county’s  homeless people, are constantly discounted and ignored.

***

Threading through our conversations with encampment residents are several important, underappreciated themes we volunteers have learned. First, the recognition that chance plays a hidden, large part in homelessness, especially now that rents have skyrocketed. You’ve heard them say that, but being around them helps us feel that truth. An injury, an argument, or a terrible boss starts a cascade downward in many lives. The flip side is also true: there are many situations where even a little help by a volunteer or the government can make a huge positive difference in their life.

Second, they teach us that even an unregulated, unslightly, crowded encampment is far, far safer than being alone on the streets. Even the present Joe Rodota Trail encampment is precious to them, though government took away the portapotty donated by charity, and they have no idea when the police will scatter them. Encampments tend to have a larger proportion of women because women can protect one another and enjoy the safety from predators provided by friends, neighbors, and volunteers. When arguments or domestic problems happen, friends rally to calm agitated people down. Things don’t spiral out of control like they can under bridges or in the woods.

Third, encampments allow them to develop and maintain the social and family ties that are so vital to success when there’s so much stacked against you. Friendship is fierce and fast when your neighbors face these same physical and psychological hardships. They speak of family when they talk about their fellow residents. Sickness, drugs, and thievery can take center stage for outsiders, and they are concerns for encampment residents, too. But we should never forget that our personal worth and meaning is found through our social lives– especially during hardship. If we have a strong support network of friends and personal cheerleaders, it’s much, much easier to succeed.

***
Homeless Action is asking you to immediately cease these evictions to nowhere. We volunteers have learned from our encampments that evictions and scatterings destroy the touchpoints we need for quality lives. People often lose the friends and family that gave their lives meaning, causing depression, instability, and the many health problems caused by loneliness and physical and mental stress. Medical monitoring becomes impossible. According to Public Health, diseases and illnesses and infections become slightly more likely in encampments– but that risk is more than offset by how it is far easier to track and treat such problems when the victims are in one place.

Volunteers can’t help scattered people with court cases, or get them to court or probation dates, or help with housing efforts. Aggressive police must be faced alone. Families can’t find children, or parents, or aunties. Pets can’t be identified or tracked or treated. Case workers or assigned volunteers become a pipe dream. Charity like clothes and food becomes impossible to deliver.

In an encampment, every single one of those problems goes away. Each of those tasks becomes a quantifiable goal that can be achieved through organization and teamwork.

A scattering causes a conflagration in the lives of innocent people who are already challenged greatly, like those whose voices you heard. Since April 17, desperate groups of residents have tried to form safe communities together on county, city, private, and park land. They were immediately scattered from all of them, causing sickness and the loss or theft of many possessions. They are thrilled to have been allowed to stay on the Joe Rodota Trail, along with about 75% of those who were at Last Chance and Remembrance villages.

***

Safe encampments now have a track record of years, in multiple locations. They are rapidly becoming common, because they can be a flexible, very cost effective way to grant homeless people their Constitutional right to a place where they are protected from needless government harassment and prosecution, and from predators and thieves. Oakland is going on four Tuff shed villages now, funded by government and citizens. Eugene, Oregon has four years of success with their Safe Spots, which combine public and private funding to house hundreds yearly in tents and oval roofed tiny homes. The homes are built by volunteers at a cost of little more than $1,000 each. Walla Walla successfully copy-catted a modest version of Eugene’s approach, and made a great success of it.

All these and others are very good projects. Safe encampments aren’t a utopian pipe dream, but a present success. They are a natural outgrowth of allowing healthy communities to form, with modest support by nonprofits or government.

But our purpose is different today. We are relatively far from creating those kind of programs. On a good day, KBBF seems a lead option, but still seems a dim glimmer. The sizes of encampments we’ve been talking about are very modest, too, which doesn’t help adequately with a need reliably measured in the hundreds. Right now, we have a population of about 75 on the Joe Rodota Trail who need a place immediately. Their tents are covered with signs that say “tell us where to go and we’ll go!” or “Where Do We Go?”


***

These emergency villages are a straightforward proposition, and a very natural outgrowth of what Homeless Action accomplished at Remembrance and Last Chance, under much worse conditions. The basic structure is taken from many successful villages:

Self-managed villages of 30-40, with site oversight through Homeless Action! for now​

Internal security by residents and volunteers, with police access and backup;

Chores will be assigned.​

A person has to apply to join the encampment, and can be refused, since these encampments, like any other shelter choice, are not for everyone. The residents must be protected from the wrong people, who tend to cause the vast majority of major problems. Eviction is also possible if rules are disobeyed, as is common in unregulated encampments now.​ We estimate that about 15% of the residents of Last Chance and Remembrance would not be appropriate residents in our emergency encampment.

Housing First will be coordinated through Catholic Charities for now.​

We encourage staff to take up KBBF and other initiatives aggressively, like safe parking initiatives, RV programs, and tiny house projects. In the meantime, emergency encampments will cost the government about $100 a month per person, with likely minimal initial infrastructure expense. We have inspected several county properties that are more than adequate for this 6-month proposal. By late October, when the weather turns, we can either perform responsible upgrades to the emergency encampments to face the winter safely, or other projects can come to the fore and take on the residents of the emergency encampments.

We are confident that this is the right path to take short-term. Homeless Action! and advisors in its Technical Advisory Group have the internal experience and community contacts to make this a success, as well as a small, experienced set of villagers who are getting used to managing sanitation, chores, security, and the other aspects of a successful community.

We have sent you
1)   a one page guide on encampment best practices by the National Law Center on Homelessness and Poverty,
2)   a copy of the verbal part of this presentation,
3)   a partial list of reasons why people cannot or will not use shelters,
4)   and a page of research commentary concerning some encampment results, mostly in Oregon.

Thank you for the opportunity to share this vision. We look forward to discussing the details with you.


Monday, May 14, 2018

Porta-Potties

Greetings!

Homeless Action has been trying to place a porta-potty near the homeless encampment on the Joe Rodota Trail in Roseland.  We placed one on the trail two weeks ago, and the County ordered the company which supplied it to remove it.  We received an email recently from the County Counsel's Office (Board of Supervisor's Lawyer). 
"The Joe Rodota Trail is not an appropriate place for people to camp, and Parks cannot place services to facilitate people camping there. The County has met and continues to meet its legal responsibility to offer housing alternatives to the people who are currently occupying the Trail, and there are sufficient housing alternatives available to the people who choose to access them. There is not a derogation of the County’s legal responsibility to provide services to people, and the County is deeply concerned about the public health and safety risks that have arisen on the Trail as a result of people illegally camping there.

We hope to work with you to ensure people are encouraged to access the homeless system of care, and that they not continue to gather to camp in large numbers which create more danger and risks to public health and safety as a result. "
Apparently denial of toilets to homeless encampments isn't limited to Santa Rosa.  

Saturday, May 12, 2018

May 10th Homeless Trials

Greetings!

In one of the trials conducted by Judge Anthony Wheeldin this past Thursday, Peter Lee was found guilty of a California Vehicle Code Section which Homeless Action! counsel argued did not prohibit the activity he conducted on a freeway on-ramp in Santa Rosa. 

On Friday, the Santa Rosa City Attorney's Office provided the Court with an Appellate Court decision last year which supports the position taken by Homeless Action!  The City is to be commended for its actions in support of open and fair treatment of those it charges with criminal conduct.



The Honorable Anthony Wheeldin Commissioner, Sonoma County Superior Court Courtroom 14, Hall of Justice
600 Administration Drive Santa Rosa, CA 95403


Re:      People v. Peter Lee SRO 1455241


Dear Commissioner Wheeldin:

You will recall that this matter was on your trial calendar on Thursday, May 10, 2018. As it involved the violation of a California Vehicle Code, and not a Santa Rosa City ordinance, the Court found that it was not appropriate for me to appear. Officer Gregory Yaeger testified and the Court ruled, subject to appeal, against the defendant.

Following the trial, it has come to my attention from one of our officers that there is authority on the very issue that was before the Court. This was not known to Officer Yaeger; it was not known to me. I should have researched the matter more thoroughly. This was my mistake.

The Court may wish to review People v. Pina (2017) 14 Cal.App.5th Supp. 1. This is a decision of the Los Angeles County Superior Court Appellate Division and addresses the very issue of the meaning of “solicit” with which the Court wrestled. It appears to support the argument Ms. O’Neal was making. By copy of this letter, I am alerting her to this as well.

Again, I want to stress that Officer Yaeger was not aware of this authority. He would have, had the Assistant City Attorney whose job it is to know the law and advise the Santa Rosa Police and the Court, more properly prepared.


                      My apologies to the Court, Mr. Lee and his counsel.


Very truly yours,


ROBERT L. JACKSON
Assistant City Attorney

RLJ:rlj



CC      Victoria Yanez, Esq. via e mail Colleen O’Neil, Esq. via e mail


Appellate Division, Superior Court, Division OF, California.

THE PEOPLE, Plaintiff and Respondent, v. VINCENT PINA, Defendant and Appellant.

No. BR 053105

    Decided: June 22, 2017

Medvei Law Group and Sebastian M. Medvei for Defendant and Appellant. No appearance for Plaintiff and Respondent.
OPINION
INTRODUCTION
We hold here Vehicle Code section 22520.5, subdivision (a), which makes it a crime to “solicit, display, sell, offer for sale, or otherwise vend or attempt to vend any merchandise or service” in designated locations on and near freeway on-ramps and off-ramps, does not prohibit begging or panhandling.
Defendant Vincent Pina appeals the judgment following his conviction of violating Vehicle Code section 22520.5, subdivision (a), contending there was insufficient evidence presented at trial that he violated the statute. He further contends the statute violated his First Amendment rights. The People have not filed a brief disputing defendant's position. As discussed below, we agree with defendant's first contention, and reverse solely on that basis.
FACTUAL AND PROCEDURAL BACKGROUND
Defendant was originally charged with a misdemeanor violation of Vehicle Code section 22520.5, subdivision (a). The court reduced the offense to an infraction on the People's motion, and the matter proceeded to a court trial.
City of Long Beach Police Officer Michael Demarco testified that, on June 10, 2016, he was in a patrol vehicle, exiting the 405 Freeway at the Bellflower off-ramp. Demarco noticed cars were stopped and traffic had built up on the off-ramp. A person, subsequently identified as defendant, was walking in lanes of traffic on the freeway off-ramp accepting money from motorists whose vehicles were stopped for the red light. In one instance, defendant walked up to a vehicle, accepted money from a driver, put the money in his pants pocket, and returned to the curb.
Demarco drove up to defendant, who was sitting on the curb of the off-ramp. Defendant was holding a sign that said, “Lost my job. Lost my home. Lost my car. Please pray for me and my family. Thank you. God bless.” Demarco ordered defendant to exit the off-ramp, but defendant refused, asserting his right to stay. Demarco arrested defendant for panhandling on the freeway off-ramp, and found $51.35 in dollar bills and change in his front pocket.
The court found defendant guilty of violating Vehicle Code section 22520.5, subdivision (a). The court ordered defendant to pay a fine which, when penalty assessments and other fees were added, amounted to $530.
DISCUSSION
Defendant's Argument
Defendant argues Vehicle Code section 22520.5, subdivision (a), only applies to “commercial transactions” and, since he received money without selling goods or services, the People failed to prove he violated the statute. We exercise de novo review regarding the construction of the statute. (People v. Lofchie (2014) 229 Cal.App.4th 240, 250.)
Vehicle Code section 22520.5 provides, in relevant part, “(a) No person shall solicit, display, sell, offer for sale, or otherwise vend or attempt to vend any merchandise or service while being wholly or partly within any of the following: [¶] (1) The right-of-way of any freeway, including any on[-]ramp, off[-]ramp, or roadway shoulder which lies within the right-of-way of the freeway. [¶] (2) Any roadway or adjacent shoulder within 500 feet of a freeway off[-]ramp or on[-]ramp. [¶] (3) Any sidewalk within 500 feet of a freeway off [-]ramp or on[-]ramp, when vending or attempting to vend to vehicular traffic. [¶] ․ [¶] (c) A violation of this section is an infraction. A second or subsequent conviction of a violation of this section is a misdemeanor.”
Contrary to defendant's argument, the question of the statute's applicability is not governed by Xiloj-Itzep v. City of Agoura Hills (1994) 24 Cal.App.4th 620 (Xiloj-Itzep). In that case, the Court of Appeal found Vehicle Code section 22520.5, subdivision (a), did not preempt a local anti-solicitation ordinance. (Id. at p. 634.) The Court of Appeal stated, “Vehicle Code section 22520.5 prohibits vending” on or near freeways (i.e., freeways, freeway ramps or areas within 500 feet of a ramp), whereas the city ordinance “regulates solicitation on sidewalks, streets, driveways and highways within the City's jurisdiction.” (Id. at pp. 642-643.) Yet, Xiloj-Itzep did not consider the question of whether Vehicle Code section 22520.5's prohibition against solicitation applied to solicitation of alms, begging, or panhandling, and therefore the opinion is not controlling on the issue before us. (See People v. Scheid (1997) 16 Cal.4th 1, 17 [‘ “an opinion is not authority for a proposition not therein considered’ ”].) We proceed to examine the law to determine whether it applies to the present case.
Text of the Statute
“ ‘Under settled canons of statutory construction, in construing a statute we ascertain the Legislature's intent in order to effectuate the law's purpose.’ [Citation.] To determine legislative intent, the court's first step in statutory construction is to ‘look to the words themselves, giving them their ordinary meanings and construing them in context.’ [Citation.]” (People v. Salas (2017) 9 Cal.App.5th 736, 741-742.)
The beginning of the statute provides, “No person shall solicit ․” The word “solicit” means “to try to obtain by usually urgent requests or pleas •> solicited donations” ( [as of June 15, 2017] ), and to “[a]sk for or try to obtain (something) from someone” ( [as of June 15, 2017] ). (See People v. Whitlock (2003) 113 Cal.App.4th 456, 462 [when interpreting a statute, “[t]o ascertain the common meaning of a word, ‘a court typically looks to dictionaries' ”].) In the context of soliciting a person to commit a crime (Pen. Code, § 653f), “[s]olicitation is defined as an offer or invitation to another ․ [Citation.]” (People v. Sanchez (1998) 60 Cal.App.4th 1490, 1494.) In other criminal contexts, the word has been defined as “ ‘ “to seek to induce or elicit” ’ ” and “ ‘ “to ask for the purpose of receiving; to endeavor to obtain by asking or pleading.” ’ ” (People v. Superior Court (Hartway) (1977) 19 Cal.3d 338, 345.)
The word “solicit” is therefore not confined to transactions involving the exchange of goods or services for money. Moreover, although defendant did not overtly ask for money or other alms, his conduct could reasonably be understood as a request for money from passing motorists rather than just an invitation for people to pray for him and his family. (See People v. Brooks (2017) 2 Cal.5th 674, 729 [on appeal, we view the evidence in the light most favorable to support the judgment].)
However, “solicit” in the statute is followed by the words “display, sell, offer for sale, or otherwise vend or attempt to vend any merchandise or service.” The word “vend” means “to sell especially as a hawker or peddler” ( [as of June 15, 2017] ), and to “[o]ffer (small items) for sale, either from a stall or from a slot machine” ( [as of June 15, 2017] ). A “sale” or “to sell” necessarily involves a transaction involving valuable consideration. (See, e.g., Rev. & Tax Code, § 6006 [for tax purposes a sale must be accompanied by consideration]; Civ. Code, § 1605 [consideration requires exchange of something of value].) Hence, for present purposes, if the word “solicit” were qualified by the phrase “or otherwise vend or attempt to vend any merchandise or service,” only solicitations where the purpose is to provide merchandise or services in exchange for some form of consideration would be proscribed by the statute. Begging and panhandling would not be so prohibited.
“A longstanding rule of statutory construction—the ‘last antecedent rule’—provides that ‘qualifying words, phrases and clauses are to be applied to the words or phrases immediately preceding and are not to be construed as extending to or including others more remote.’ [Citations.]” (White v. County of Sacramento (1982) 31 Cal.3d 676, 680.) Use of this rule could indicate the phrase “or otherwise vend or attempt to vend any merchandise or service” was intended to modify only the more proximate words immediately preceding it—“display, sell, offer for sale”—and not the more distant word, “solicit.”
Yet, an exception to the last antecedent rule “ ‘provides that when several words are followed by a clause that applies as much to the first and other words as to the last, “the natural construction of the language demands that the clause be read as applicable to all.” [Citation.]’ ” (Mt. Hawley Insurance Co. v. Lopez (2013) 215 Cal.App.4th 1385, 1413.) The exception applies here. The words “or otherwise vend or attempt to vend any merchandise or service” apply as much to “display, sell, offer for sale” as to the word “solicit,” because they are all words that describe activities that can include the exchanging of goods or services for consideration. Indeed, “or otherwise vend or attempt to vend any merchandise or service” must extend to more than just the immediately preceding words “sell,” and “offer for sale,” to avoid the absurd result that the “display” of anything in designated locations would otherwise be criminalized. (See People v. Sinohui (2002) 28 Cal.4th 205, 212 [reviewing court must “ ‘select the construction that comports most closely with the apparent intent of the Legislature, with a view to promoting rather than defecting the general purpose of the statute, and avoid an interpretation that would lead to absurd consequences' ”].)
Under the statute, a person may not “solicit, display, sell, offer for sale, or otherwise vend or attempt to vend any merchandise or service.” Had the Legislature intended to refer to all forms of solicitation, the statute could have been written to say, “No person shall solicit or, display, sell, offer for sale, or otherwise vend or attempt to vend any merchandise or service ․” The absence of the disjunctive word “or” after the word “solicit” suggests there was no intent to treat “solicit” differently from the other antecedent words that follow, thereby reinforcing the interpretation that “or otherwise vend or attempt to vend any merchandise or service” applies equally to “solicit.” (See Center for Local Government Accountability v. City of San Diego (2016) 247 Cal.App.4th 1146, 1153 [“antecedents' separation by the disjunctive ‘or’ is evidence the antecedents should be treated distinctly”].)
Further, the statute's use of the words “or otherwise” indicates an intent that the enumerated activities that precede the phrase “or otherwise vend or attempt to vend any merchandise or service” must be similar vending activities. “The term ‘or otherwise’ is a relative term. ‘When so used as a general phrase following the enumeration of particular things, such words are usually interpreted in a restricted sense as referring to things or matters of the same kind [ejusdem generis] as those specifically enumerated.’ [Citations.]” (Biggers v. Workers' Comp. Appeals Bd. (1999) 69 Cal.App.4th 431, 440.) Thus, the text of the statute indicates the kind of solicitation targeted and proscribed by the statute is commercial, rather than charitable, in nature.
Other Indicia of Intent
To the extent the words of the statute are ambiguous as to whether all solicitations are contemplated or only those involving vending and attempted vending of merchandise or services, we consider further evidence of legislative intent. When “ ‘the statutory language may reasonably be given more than one interpretation, “ ‘ “courts may consider various extrinsic aids, including the purpose of the statute, the evils to be remedied, the legislative history, public policy, and the statutory scheme encompassing the statute.” ’ ” ' [Citation.]” (People v. Cornett (2012) 53 Cal.4th 1261, 1265.)
Vehicle Code section 22520.5 was enacted in 1981 by Senate Bill No. 494 (SB 494). As introduced, the punishment for the offense provided in the bill was a misdemeanor, whereas presently it is a misdemeanor or an infraction. However, the language of the statute regarding “solicit, display, sell, offer for sale, or otherwise vend or attempt to vend any merchandise or service” has remained the same from the time the bill was introduced to the present. The title of the bill was “SB 494, as introduced. Montoya. Freeways. Vending.” (Italics added.) (Legis. Counsel's Dig., Sen. Bill No. 494 (1981-1982 Reg. Sess.) The title of the bill tends to show the intent was to limit the statute to acts related to vending. (See Spencer v. G. A. MacDonald Construction Co. (1976) 63 Cal.App.3d 836, 847 [“The title of the bill naturally suggests the field of legislation” contemplated].)
Reports of the committees that analyzed the bill strongly demonstrate the Legislature contemplated the statute would apply only to activities related to vending and attempted vending of merchandise or services. (See Mt. Hawley Insurance Co. v. Lopez, supra, 215 Cal.App.4th at p. 1401 [“ ‘In construing a statute, legislative committee reports, bill reports, and other legislative records are appropriate sources from which legislative intent may be ascertained’ ”].)
An analysis of SB 494 prepared by the Senate Transportation Committee provided the following description, “This bill would prohibit the sale of merchandise or services within the boundaries of a freeway, with specified exceptions.” (Sen. Transportation Com., Analysis of Sen. Bill No. 494 (1981-1982 Reg. Sess.) April 2, 1981, p. 1.) The analysis stated, “Current law prohibits parking any vehicle or structure within a state highway for the purpose of selling articles or services. The law does not specifically prohibit, however, the sale of items or services within a freeway right-of-way or at freeway on ramps or off ramps. [¶] The Highway Patrol reports that some persons are engaged in selling merchandise at freeway on ramps and off ramps, within the right-of-way. The Patrol states that these sale activities present a safety hazard and cause traffic stoppages and congestion.” (Ibid.) In addition, the analysis provided, “This bill would make it a misdemeanor to vend merchandise or services within the freeway right of way, including freeway ramps. Proponents of the bill believe that misdemeanor status is necessary for this prohibition in order to stop freeway vending. If the penalty were given infraction status, some persons could find it profitable to continue their sales while paying the relatively minor infraction penalty. Also, the penalty for sales within highway boundaries currently is a misdemeanor. [¶] The provision prohibiting sales would not apply to towing service vehicles or to persons issued a permit to vend on freeways. Currently the Department of Transportation issues vending permits to persons who install snow chains on tires in winter months. ․” (Id. at pp. 1-2.)
The analysis by the Assembly Committee on Criminal Justice largely mirrored the Transportation Committee's analysis regarding the contemplated scope of the statute. The analysis stated SB 494 “would create a misdemeanor offense for selling merchandise or services within a freeway right-of-way or on ramp or off ramp.” (Assem. Com. on Criminal Justice, Analysis of Sen. Bill No. 494 (1981-1982 Reg. Sess.) Aug. 17, 1981, p. 1.) Like the Senate Committee Analysis, the Assembly Committee analysis stated, “The Highway Patrol reports that some persons are engaged in selling merchandise at freeway on ramps and off ramps and that such activity creates a traffic hazard and causes congestion.” (Ibid.) In accord with the senate analysis, the assembly analysis stated that the California Highway Patrol believed the penalty should be a misdemeanor “because some vendors would be able to pay the infraction fine and still make a profit.” (Ibid.)
The legislative history of SB 494 reveals a legislative intent to address and remedy the problem related to the sale and attempted sale of merchandise and services on and near freeway ramps. Outlawing begging and panhandling in the specified locations was not contemplated.
Examination of a parallel provision of Vehicle Code section 22520.5, subdivision (a), governing roadside rest areas and vista points, buttresses this interpretation of the statute. Streets and Highways Code section 225.5 provides, in relevant part, “(a) Notwithstanding Section 22520.5 or 22520.6 of the Vehicle Code, and except as specifically authorized by this article, no person shall display, sell, offer for sale, or otherwise vend or attempt to vend any merchandise, foodstuff, or service within any vista point or safety roadside rest area. [¶] (b) No person shall solicit money within any vista point or safety roadside rest for any purpose.” (As indicated above, Veh. Code, § 22520.6 provides in relevant portion, “(a) No person shall engage in any activity within a highway roadside rest area or vista point prohibited by rules and regulations adopted pursuant to Section 225 of the Streets and Highways Code.”)
The wording of Streets and Highways Code section 225.5 shows that when the Legislature intends to criminalize solicitation of money for purposes unrelated to vending in areas frequented by motorists, “ ‘it clearly knows how to do so.’ ” (People v. Cole (2006) 38 Cal.4th 964, 980.) To bar all forms of solicitation in a designated area, including solicitation of donations, the Legislature could specifically delineate, as it did in Streets and Highways Code section 225.5, subdivision (b), that solicitations are criminalized “for any purpose.” The fact that the Legislature did not separately address solicitations in this manner in Vehicle Code section 22520.5 is indicative of an intent to only criminalize solicitations done for the purpose of vending and attempted vending.
Lastly, construing the statute to exclude begging and panhandling on and near freeway ramps is consistent with the subject matter's statutory scheme. Pedestrians are generally prohibited to be on roadways and freeways (Veh. Code, §§ 21956, 21960), they must yield the right-of-way to motor vehicles unless in designated crosswalks (Veh. Code, § 21954, subd. (a)), and, even while in crosswalks, they must not unnecessarily delay traffic (Veh. Code, § 21950, subd. (b)). An interpretation of the statute excluding begging and panhandling leaves this regulatory framework intact and still allows public safety to be maintained on off-ramps and on-ramps, as provided by these statutes. There are also ordinances regulating some forms of begging and panhandling in public places. (See, e.g., Long Beach Mun. Code, § 9.35.010 [barring aggressive solicitation of money or items of value]; Los Angeles Mun. Code, § 41.59 [same].) Nothing in this opinion invalidates local ordinances.
Conclusion
Defendant was arrested, prosecuted, and convicted on the theory that he violated Vehicle Code section 22520.5, subdivision (a), by panhandling while on a freeway off-ramp. However, given the plain meaning of the statute and our assessment of the pertinent legislative history, defendant's conduct did not come within the definition of the conduct prohibited therein, i.e., “soliciting, displaying, selling, offering for sale, or otherwise vending or attempting to vend any merchandise or service.”
DISPOSITION
The judgment is reversed.
RICCIARDULLI, J.
We concur: KUMAR, Acting P. J. RICHARDSON, J.