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SITE NAVIGATION

Measure O

FAQ for Measure O/ESEA

Progress Report Archive

Measure O

FAQ for Measure O/ESEA

I. Introduction

On February 8, 2022, the City received notice of a proposed voter initiative that was termed the “Emergency Temporary Shelter and Enforcement Act of 2022.” That initiative was later withdrawn after the City Council, on April 6, 2022, adopted the “Emergency Shelter and Enforcement Act of 2022” (ESEA), which only took effect if it was approved by the voters. On August 9, 2022, the City Council adopted amendments to the ESEA. It was approved by the voters on November 8, 2022 as Measure O and became effective on December 23, 2022.

The ESEA creates a limited obligation on the City of Sacramento to expend resources to take specific actions to address the homelessness crisis in the City, subject to budget constraints and the establishment of a partnership agreement with the County of Sacramento. The following briefly summarizes the provisions of the ESEA and answers some of the frequently asked questions about it.

II. Budget

Summary:

The ESEA requires that, to fund the commitments, obligations, and liabilities created by the ESEA, the City first allocate the money from external sources, such as county, state, and federal governments. If those resources are not sufficient, the City is required to annually allocate up to 50% of unobligated general fund year-end resources, not to exceed $5,000,000.

What types of expenses can those monies be used for?

The monies can be used to fulfill the obligations of the ESEA (i.e., Sacramento City Code ch. 12.100). This includes but is not limited to the following:

Creating and maintaining emergency shelter spaces
Performing outreach to persons unlawfully camping
Processing the notice of demands to abate nuisances, abating the nuisances, and paying for the residents’ costs and fees, as necessary

What if the City runs out of those funds?

If the resources specified above are exhausted, the City is not required to comply with any of the requirements of the ESEA for the rest of that fiscal year. However, in partnership with the County of Sacramento, the City will continue to identify and develop additional resources to address the local homelessness crisis.

III. City-County Partnership Agreement

Summary:

The ESEA also states that it is not operative or enforceable, unless and until the City of Sacramento and the County of Sacramento approve a legally-binding partnership agreement that, at a minimum, memorializes the respective roles of the City and County to improve the homelessness crisis.

Was a partnership agreement approved?

Yes. Both the City and County approved a legally binding partnership agreement on December 6, 2022.

What does the partnership agreement say?

The partnership agreement requires the City and County to:

Create 10 encampment engagement teams made up of City and County outreach and mental health staff;
Open sites with up to 600 emergency shelter beds;
Open a CORE Wellness Center in the Central Business District;
Support the use of sobering centers, substance use disorder services, and involuntary behavioral health treatment;
Collaborate in the use of the county-wide coordinated access system, the development of an affordable housing plan, and the applications for funding.

What happens if the partnership agreement is terminated?

If the agreement is terminated, the City is no longer required to comply with the ESEA.

IV. Emergency Shelter Spaces

Summary:

The ESEA requires the following:

By March 23, 2023, the City Manager must identify and authorize at least 605 new emergency shelter spaces. The City can count any emergency shelter spaces authorized after December 31, 2021.
If, in any month after March 23, 2023, the utilization rate of emergency shelter spaces is greater than 60%, the City Manager must identify and authorize an additional 605 emergency shelter spaces within 30 days.
However, the City Manager is not required to identify and authorize more than a total of 3,023 emergency shelter spaces.

What qualifies as an emergency shelter space?

The ESEA includes specific measurements and other requirements for what qualifies as an emergency shelter space. Generally, it includes tiny homes, pallet homes, motel rooms, shelter beds, safe-ground campsites, and safe-parking spaces. However, they cannot be located on any street, sidewalk, or neighborhood park. They also cannot be located within 1,000 feet of a K-12 school, public library, licensed daycare or preschool facility, or playground; or within 500 feet of a stream or river.

Can the City count emergency shelter spaces that belong to someone else?

Yes. The emergency shelter spaces may be owned and operated by the City, provided by nonprofit organizations, or established by contract with an owner of private property or with another government agency.

V. Unlawful Camping Enforcement

Summary:

The ESEA prohibits the City from enforcing the unlawful camping ordinance (SCC § 12.52.030) against any person on public property until (1) the City authorizes the required number of emergency shelter spaces (see above); (2) an emergency shelter space is available; (3) the City offers the space to the person camping; and (4) the person rejects the offer and refuses to move. The ESEA also requires the City to deploy outreach workers, at least five days per week, to persons unlawfully camping.

What do the outreach workers have to do?

At a minimum, the outreach workers must give them notice that camping is illegal, attempt to connect them with appropriate county social services agencies, and assist them with relocation to an available housing unit, shelter, or emergency shelter space.

Does this comply with the Boise decision?

Yes. The case of Martin v. City of Boise prohibits the City from enforcing the unlawful camping ordinance when there are no alternative places to sleep. So, enforcement of the unlawful camping ordinance in accordance with the ESEA complies with the Boise decision because there needs to be an emergency shelter spaces available.

VI. Unlawful Encampments

Summary:

The ESEA immediately makes it illegal for any person to be in an “encampment,” which is defined as a group of four or more unrelated persons camping within 50 feet of each other and without permitted electrical power, running water, and bathroom facilities. The ESEA also makes it illegal to litter in an encampment.

Does the ESEA require the City to enforce the unlawful encampment ordinance?

No. The decision to enforce that ordinance is in the sole discretion of the City.

If there are no emergency shelter spaces available, can the City enforce the unlawful encampment ordinance?

Yes. The City can still enforce the unlawful encampment ordinance even if there are no emergency shelter spaces available.

Does this comply with the Boise decision?

Yes. The case of Martin v. City of Boise addresses the enforcement of city-wide bans on sleeping outdoors. Since the unlawful encampment ordinance only bans the arrangement of four people sleeping close together, it still allows persons to sleep outdoors. As a result, enforcement of the ordinance is consistent with the Boise decision.

VII. Resident’s Notice And Demand to Abate

Summary:

Beginning June 21, 2023, residents can file with the City Clerk a Notice of Violation and Demand to Abate that asks the City to abate unlawful camping violations (SCC § 12.52.030) or unlawful storage violations (SCC § 12.52.040) on public property. The City must inspect the location and respond to the resident within 20 days.

What if a resident files a Notice and Demand, but the City is prohibited from enforcing the unlawful camping ordinance pursuant to the ESEA?

Even if the City is prohibited from enforcing the unlawful camping ordinance, the City may still employ other measures to abate the nuisance, such as conducting outreach, enforcing other provisions of the code, and employing other legal tools.

What if the City fails to abate the violation?

If the City fails to abate the violation, the ESEA states that a resident may appeal the issue to a hearing examiner. If the hearing examiner orders the City to abate the violation, the City may be liable for the resident’s costs and attorney’s fees. Please note that both the notice and demand process and hearing examiner appeal are contingent on the budget requirements set forth in the ESEA (see information below).

What happens to the notice and demand process if the City meets the financial obligations required by the ESEA?

As stated in the budget section of this FAQ, the ESEA requires the City to fund the ESEA efforts by first allocating the money from external sources, such as county, state, and federal governments. If those resources are not sufficient, the City is required to annually allocate up to 50% of unobligated general fund year-end resources, not to exceed $5 million.
Once those resources are exhausted, the City is not required to comply with any of the requirements of the ESEA for the remainder of that fiscal year. This includes the notice and demand process and the appeal to a hearing examiner.

Has the City met the ESEA’s financial obligations for fiscal year 2023/24 (July 1, 2023, through June 30, 2024)?

Yes. The City of Sacramento on June 13, 2023, adopted a budget for fiscal year 2023/24 that identifies $42.4 million for homelessness projects. This includes approximately $20 million in new state Homeless Housing, Assistance and Prevention (HHAP) funding, which helps fund City shelters and other programs, as well as $17.9 million in general fund resources for the Department of Community Response.

Fiscal year 2022/23 ends June 30, 2023. As part of the budget-reporting process, it will take several months to identify if there are any unobligated general fund year-end resources.

Instead of waiting until the amount of those funds is calculated, the City has allocated more than the maximum $5 million required to fund the requirements of the ESEA in the FY2023/24 budget.

Of DCR’s $17.9 million in general fund resources, approximately $16 million is being deployed to meet the obligations of Measure O, including creating and maintaining emergency shelter spaces, performing outreach to persons experiencing homelessness and developing a coordinated access system. The City also has allocated funding in other departments to abate unlawful camping violations.

Because the City already has allocated the maximum amount required by the ESEA, it has met its financial obligations for fiscal year 2023/24 and is not required to fund additional services, such as the hiring of a hearing examiner and other components of the notice and demand process. Nevertheless, submitted Notice and Demand forms will automatically generate a case number and be routed to the Department of Community Response, who will then work closely with the appropriate City enforcement departments to address pursuant to the City protocol systems. DCR will independently respond to these cases as quickly as possible to connect unhoused community members to services and shelter options.

Moving forward, what is the City doing to continue to address the homelessness crisis?

The City remains committed to doing everything it can to address the hardships faced by unsheltered individuals and families while working to protect the health and safety of our communities.

While the City has exhausted its budgeting limits for FY2023/24 and is not required to adhere to specific requirements of the ESEA, the City continues to fund and pursue efforts outlined in the ESEA, such as the establishment of emergency shelter spaces, outreach to persons experiencing homelessness and the abatement of unlawful camping violations.

Through the City/County partnership, joint outreach teams that include County mental health counselors currently are out in the community, working together to help people experiencing homelessness access available services. Furthermore, hundreds of additional shelter beds are in the process of being operationalized and a new CORE Behavioral Health Center is scheduled to open in downtown Sacramento in 2023.

Residents can report unlawful camping violations to the City by calling 311.

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