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Councilmember Price, Plus Pearce & Supernaw, Agendize Significant Homeless-Related Request: They Want To Know How Many Private, Non-Profit And Public Shelter Beds Currently Exist In Long Beach. Here's Why That's A Very Big Deal


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(November 29, 2018) -- In a Dec. 4 City Council agenda item carrying considerable significance depending on facts it may bring to light and how they're ultimately applied by the City Council as a policy-setting matter, Councilwoman Suzie Price, joined by Councilmembers Jeannine Pearce and Councilman Daryl Supernaw have requested a report within 60 days "on the number of private, non-profit, and public shelter beds that exist in Long Beach."

The requested report would include the "number of rehab, medical detox, sobriety, and other addiction related beds available in Long Beach and the surrounding area." It also seeks "an estimate of how many of these types of beds would be necessary to best serve the Long Beach homeless and those suffering from addiction" as well as a "report on the feasibility of the City providing incentives to create additional homelessness and addiction related beds, including medical detox beds in the City of Long Beach."

Councilwoman Price's agendizing memo (on her letterhead) explains the request in plainly-worded terms: "When asked 'how many rehabilitation and detox beds are needed to adequately manage the need in Long Beach,' the City Health and Human Services Department replied December 18, 2017 explaining that the data to determine the level of need for detox and substance use treatment for homeless individuals was incomplete.' [cites this memo.] However, with the lack of certainty, and likely small number of beds available in the City causing our law enforcement officers to be less able to enforce ordinance violations, an audit should be conducted of number; and types of beds for those experiencing homelessness and/or in need of treatment."

[Scroll down for further.]






A very significant part of the memo is its statement that the "lack of certainty" leaves "law enforcement officers to be less able to enforce ordinance violations..." LBREPORT.com surmises this is an unstated reference to a federal constitutional principle most recently voiced by the 9th circuit U.S. Court of Appeals in Martin v. City of Boise, which opened with this statement: "We consider whether the Eighth Amendment’s prohibition on cruel and unusual punishment bars a city from prosecuting people criminally for sleeping outside on public property when those people have no home or other shelter to go to. We conclude that it does."

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However the Court's opinion also noted:

Our holding is a narrow one. Like the Jones panel [Jones v. City of Los Angeles (2006), vacated as the parties reached a settlement] "we in no way dictate to the City that it must provide sufficient shelter for the homeless, or allow anyone who wishes to sit, lie, or sleep on the streets . . . at any time and at any place." Id. at 1138. We hold only that "so long as there is a greater number of homeless individuals in [a jurisdiction] than the number of available beds [in shelters]," the jurisdiction cannot prosecute homeless individuals for "involuntarily sitting, lying, and sleeping in public." Id.<.i> That is, as long as there is no option of sleeping indoors, the government cannot criminalize indigent, homeless people for sleeping outdoors, on public property, on the false premise they had a choice in the matter."

And to its above statement the Court attached this significant footnote:

Naturally, our holding does not cover individuals who do have access to adequate temporary shelter, whether because they have the means to pay for it or because it is realistically available to them for free, but who choose not to use it. Nor do we suggest that a jurisdiction with insufficient shelter can never criminalize the act of sleeping outside. Even where shelter is unavailable, an ordinance prohibiting sitting, lying, or sleeping outside at particular times or in particular locations might well be constitutionally permissible. See Jones, 444 F.3d at 1123. So, too, might an ordinance barring the obstruction of public rights of way or the erection of certain structures. Whether some other ordinance is consistent with the Eighth Amendment will depend, as here, on whether it punishes a person for lacking the means to live out the "universal and unavoidable consequences of being human" in the way the ordinance prescribes. Id. at 1136.

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The Councilmembers' agendizing memo touches a number of other hot-button homeless issues; we provide their memo's full text below.

INTRODUCTION:

Homelessness continues to be the number one issue concerning Long Beach residents. In a city where there is so much progress and opportunity is being generated every day the fact that there are those still struggling with homelessness is an issue that more attention is always needed on. The City of Long beach does a tremendous amount of work to help those in need through city operated services, as well as by partnering with other organizations and nonprofits.

However, one of the most difficult parts of addressing homelessness is the availability of shelter beds that serve to help get those in need off the streets. As winter is approaohing, and the City of Long Beach will again be opening our winter homeless shelter now seems like an appropriate time to further discuss the availability of beds, as well as opportunities to plan for and incentivize increasing this number.

If we as a city are to improve our ability to provide shelter for those in need we must be able to know exactly how many beds there are in the City that are available for Long Beach residents struggling with homelessness. In addition to assessing the number of city operated, privately operated, and non-profit operated beds in the City that are available for sheltering the homeless, it is also important for the City to have specific data on how many rehabilitation, medical detox, and sobriety beds there are, because addiction continues to be a major issue for our current homeless population.

When asked "how many rehabilitation and detox beds are needed to adequately manage the need in Long Beach," the City Health and Human Services Department replied December 18, 2017 explaining that the data to determine the level of need for detox and substance use treatment for homeless individuals was incomplete.' However, with the lack of certainty, and likely small number of beds available in the City causing our law enforcement officers to be less able to enforce ordinance violations, an audit should be conducted of number; and types of beds for those experiencing homelessness and/or in need of treatment.

As we know there are limited numbers of these type of beds for those in need, therefore it would be further useful for the City to evaluate the feasibility of developing incentives for private and non-profit groups to establish addiction related rehabilitation and detox beds in Long Beach with the expectation that priority would be given to those in need of these services who have been referred to them by the Long Beach Police Department or other Long Beach City entity.

RECOMMENDATION:

The City Council is requesting that the City Manager provide a report within 60 days on the number of private, non-profit, and public shelter beds that exist in Long Beach. Also include in the report, the number of rehab, medical detox, sobriety, and other addiction related beds available in Long Beach and the surrounding area. As well as include an estimate of how many of these types of beds would be necessary to best serve the Long Beach homeless and those suffering from addiction.

Additionally, include a report on the feasibility of the City providing incentives to create additional homelessness and addiction related beds, including medical detox beds in the City of Long Beach.

FISCAL IMPACT:

There is no financial impact as a result of the recommended action.

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LBREPORT.com has learned that the Dec. 4 Price-Pearce-Supernaw request for information comes one week before city staff plans to bring forward on at the Dec. 11 Council meeting a report being written by LB Health and Human Services Dept. staff following five meetings of an "Everyone Home Long Beach" task force chosen by Mayor Robert Garcia.

The Mayor-chosen thirty-member group (names visible at this link, scroll down) didn't include representatives of neighborhood groups impacted by transient/vagrant-related crimes but did include a number of entities receiving funds for dealing with homeless individuals. It met five times between June and November in meetings nominally open to the public that didn't comply with Brown (open meetings) Act requirements, using a loophole in the law exploited by Mayor Garcia who created his Task Force without Council voted action.

LBREPORT.com's informal efforts to obtain minutes or recordings of the Task Force's meetings and recommendations have thus far been unsuccessful. We presume its recommendations will appear within the Health/Human Services staff-prepared report that will be publicly agendized for the Dec. 11 Council meeting.

Developing.



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