Sacramento homeless ballot measure is in effect, but it won’t mean more sweeps. Here’s why
A City of Sacramento homeless ballot measure took full effect Wednesday, but it will likely not mean the city clears more camps.
That’s because Sacramento still lacks at least 6,000 shelter beds.
The measure language, which voters approved in November, allows the city to clear camps on public land of four or more unrelated people, even without offering a shelter bed.
But Mayor Darrell Steinberg during an April 2022 City Council meeting said he believes cities can’t remove homeless people from public property without offering shelter beds, which is the common interpretation a 2018 9th Circuit Court of Appeals decision on homeless sweeps. City Attorney Susana Alcala Wood said she agreed.
“(If the measure is enacted), you can manage encampments to make sure they’re clean, but you can’t move people unless (you offer them shelter), correct?” Steinberg asked Alcala Wood during that meeting.
“Correct,” she replied.
Now that the measure is in effect, the city’s position remains the same.
“The city does not anticipate changes with enforcement,” city spokesman Tim Swanson said in an email to The Sacramento Bee May 31. “The city responds to requests for services and complaints from residents associated with homeless encampments and illegal parking by first seeking voluntary compliance with the sidewalk and critical infrastructure ordinance adopted by the City Council and with California vehicle code.”
That means the city will clear camps from public property if they are blocking the sidewalk, threatening so-called critical infrastructure such as levees, or a vehicle has been in the same spot for 72 hours. That’s because the council had previously passed ordinances to allow it to clear camps in those instances.
The measure also creates a new system by which residents can submit complaints about camps to the city. As of noon Thursday, about 50 residents had submitted the new forms, called Notice and Demand forms, Swanson said. Swanson did not provide the names of the people who filed them or copies of the completed forms themselves, directing The Bee to file a California Public Records Act request.
While the forms are new, the response will be basically the same as the city’s existing 311 system.
“The process is similar to when residents report issues via 311,” Swanson said. “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.”
Typically there is no shelter bed available for DCR staff to move a homeless person to, former DCR director Bridgette Dean has said. That means they can provide things like bus tickets and water bottles but they don’t move them if they are on public land, per Alcala Wood’s direction.
DCR has 37 employees, and only works during the day on weekdays due to lack of funding. Council members Katie Valenzuela, Mai Vang and Caity Maple last week voted to move about $6 million from the $228 million police budget to to the $25 million DCR budget, but the motion failed 6-3.
The city’s interpretation of Measure O could open it up to lawsuits, from either the activist or business side, but none are currently active.
