HomeMy WebLinkAbout15 - NB-4 - Neighborhood Improvement Task Force Upda - 8/21/2012MEETING DATE: August 21, 2012 ITEM NUMBER:
SUBJECT: NEIGHBORHOOD IMPROVEMENT TASK FORCE UPDATE
DATE: AUGUST 14, 2012
FROM: CHIEF EXECUTIVE OFFICE
PRESENTATION BY: RICK FRANCIS, ASSISTANT CEO
FOR FURTHER INFORMATION CONTACT: Muriel Ullman - 714-754-5167
RECOMMENDATION:
Staff recommended that the City Council receive and file this informational report
outlining the success of the first six months of operation.
BACKGROUND:
In January, 2011, the Costa Mesa City Council established the Homeless Task
Force (HTF) in response to a series of incidents in the Lions Park vicinity. These
incidents included: multiple encounters between the homeless population, library,
and community center patrons; and a variety of complaints from adjacent property
owners and park users. Business owners in the City also complained about
homeless individuals who slept on their property at night and loitered in front of
their businesses during the day. Many of the people encountered were mentally
ill or suffering from substance abuse. The Task Force mission statement focused
on "Establishing realistic strategies and making recommendations that addressed
the needs of the Costa Mesa community, residents, businesses and the
homeless."
Housing and Community Development staff simultaneously organized an In -
House Coordinating Committee. This was done to identify partners not involved
directly with the Homeless Task Force and to include them in a future strategy.
These parties included the relevant City and County departments, nonprofits,
churches, probation, and parole. This body met at the Donald Dungan Library on
a weekly basis and formed strategies to deter chronic criminal offenders and
assist those individuals seeking mental health and /or sober living aid. These
community partners worked cooperatively and engaged in issues such as
providing alternatives to food sharing in City parks, client referrals, follow-up on
citizen complaints, more vigorous prosecution of municipal code violations and
alternative storage areas for goods owned by homeless residents.
The HTF adopted nine goals dealing with the homeless issues (Attachment A). It
also made the following findings in regards to homelessness in the city:
1. Many of the tools to work toward a solution existed, but they were spread
across multiple agencies and lacked coordination.
2. Lions Park needed enforcement resources.
3. The City had the opportunity to partner with the church community on
collaborative solutions.
4. Mental illness and substance abuse were critical factors in homelessness.
5. The number of recovery homes, the lack of health services, and the lack
of regional, permanent supportive housing exacerbated the homelessness
problem.
6. Chronic, criminal offenders were allowed to remain on the street because
of overburdened correctional system and lack of City presence in court.
7. Several motels harbored repeat offenders and had the highest percentage
of police and fire service calls in the City.
8. Unattended property was left out in public, open spaces (parks) causing a
nuisance and a confiscation burden for CMPD.
9. Inadequate coordination between City Departments and outside agencies
hindering nuisance abatement and allowing chronic homeless and/or
offenders to "slip through the cracks."
The City began to address these findings during the duration of the HTF. Actions
included:
• Hiring two park rangers who specifically addressed the Lion's Park issues
• Working with the local churches to create a storage/check-in center for
local Homeless individuals
• Working with County to develop an ongoing mental health outreach team
for the city
• Developing partnerships with local residents and business owners to
collaborate and reduce the impacts associated with chronic individuals
• An ongoing integrated law enforcement/legal strategy to ensure that
chronic offenders are prosecuted to the greatest extent of the law
• Working with the First Step House and outside agencies to eliminate
dropping off of intoxicated homeless subjects in the City
After the Homeless Task Force ended, the City wished to continue implementing
this collaborative strategy. However, it became apparent that many of these
unaddressed community problems spilled over to the entire city. Issues
surrounding homelessness were integrally related to untreated mental illness,
and drug addiction, lack of affordable housing, and an overburdened correctional
system. Chronic offenders received multiple citations, yet continually returned to
the City due to early release dates and lack of a City presence in Court. Several
deteriorated motels in the City harbored repeat offenders who directly contributed
to the vagrancy issues plaguing the City. They were often in violation of their
Conditional Use Permit and suffered from serious code violations. Yet, these
problems were not addressed collectively due to communication/accessibility
barriers between departments. The City also lacked a coordinated
complaint/referral system for these types of community issues.
After several intra -departmental discussions with CMPD, City Attorney's Office,
Development Services, & CEO's office, the CEO decided to consolidate several of
these problem areas under the umbrella of the Neighborhood Improvement Task
Force, which was commissioned in February 2012.
ANALYSIS:
Overview of the Neiqhborhood Improvement Task Force
Some of Costa Mesa's most chronic challenges—problems associated with
homelessness, troubled motels, rehabilitation homes, parolees, and other crime
attractants—are now being aggressively addressed in a coordinated, sustained
multi-departmental/multi-agency effort. The City's Neighborhood Improvement
Task Force (NITF), established in February 2012, comprises representatives
from a variety of city and county departments (police, fire, code enforcement,
health, etc.), and was formed in order to develop and implement a versatile
strategy for the city's most vexing problems.
The Task Force adopted the following vision statement:
"Our vision is to create and sustain a dynamic framework for improving the
quality of life for Costa Mesa residents, business owners and visitors. We
will seek broad-based solutions to achieve a healthy and safe environment
for our diverse community".
More precisely, the Task Force organized its goals around five areas:
Homelessness, motels, problem properties, citywide policies, and law
enforcement/legal strategies. Since February, Task Force members have
collaborated with governmental and nonprofit partners to successfully implement
a variety of policies designed to reduce blight and improve the quality of life in
Costa Mesa.
The Neighborhood Improvement Task Force meets weekly to discuss strategies,
implementation, success stories, and challenges. The Task Force identified the
City's 12 most problematic motels and began regular inspections to ensure they
would comply with city, state, and federal regulations. It implemented a multi-
faceted, incentive and enforcement based approach to dealing with the city's
homeless population—especially in the Lions Park vicinity—with a team that
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includes police officers, the city attorney, park rangers, mental health workers,
code enforcement officers, social workers, and church volunteers. The Task
Force is also developing court -tested ordinances to help reduce the difficulties
associated with recovery homes.
NITF Goals/Recent Accomplishments
As stated previously, the NITF adopted the following five goals as a measure of
the group's progress.
Goal 1: Reduce Homelessness
Goal 2: Improve Motel Standards
Goal 3: Minimize Nuisances from Problem Properties
Goal 4: Develop Citywide Policies and Ordinances to Improve
Quality of Life
Goal 5: Better Utilize Law Enforcement Resources to Protect
the Public's Health and Safety
Attachment B contains a list of the aforementioned goals along with action items
completed or currently in progress as well as a summary of the City's efforts to
address problems caused by chronic offenders (Attachment C). A brief summary
of accomplishments is listed below:
1. Homelessness/Housing/Mental Health:
• The NITF and the Churches Consortium has reunified three homeless
persons with their families over the last six months.
• The NITF and the Churches Consortium provided outreach,
engagement, and a storage facility/check-in center for Costa Mesa
homeless residents.
• The NITF organized weekly, voluntary assistance at both Lions Park
and the Donald Dungan Library from the Orange County Health Care
Agency and local nonprofits such as Veterans First.
• Based on Police Department referrals, the NITF is developing a short
term housing voucher policy for homeless individuals wishing
reunification with family members.
• The Housing and Community Development and Police Team work
together to monitor vagrancy complaints and homeless referrals.
• The City allocated $600,000 in HOME funds to the Housing Authority
for a supportive housing project, and it is currently developing a
financing strategy which will be presented to City Council in the next
few months.
• The Police Department will be partnering with the Orange County
Health Care Agency PERT (Psychiatric Evaluation Response Team)
Program on an ongoing basis to utilize the services of a mental health
specialist trained in psychiatric crises and who will be deployed with
patrol officers on a weekly basis.
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2. Motels:
• The NITF is working on preventing the abuse of motels as long-term
living establishments including an ongoing, interagency focus on motels
with the highest number of public safety and code enforcement service
calls to achieve long-term problem resolution including alternative
uses, nuisance abatement, etc.
• Legal Counsel is developing a nuisance abatement ordinance with one
key tenet being the prevention of abuse of motels that serve as long-
term living quarters.
• The NITF organized an interagency inspection of two properties,
revealing unsanitary and hazardous living conditions including non-
operable smoke detectors, noxious fumes, fire hazards due to hoarding,
public health issues such as presence of insect infestation, inadequate
toilet and hand washing facilities, and overcrowded unhygienic living
conditions.
• Thorough documentation is on-going.
3. Problem Properties:
• The NITF has focused its efforts on properties which have received
multiple complaints from adjacent residents and calls for service to the
police.
• Several problem properties are being remediated to bring them into
compliance with health and safety codes, while two other properties are
scheduled for demolition with the occupants being relocated.
• Legal Counsel is developing a nuisance abatement ordinance with
provisions to address chronic disturbances of peaceable enjoyment
primarily in residential areas.
• Two new code enforcement officers are being hired to assist with
problem properties.
4. Citywide Policies:
• The NITF halted multi -site recovery home meetings at one location,
which had been a nuisance to neighbors (as evidenced by complaints
made to the City).
• The City adopted an ordinance preventing improper bicycle parking in
public right-of-ways.
• The NITF is drafting an ordinance to address unattended property.
5. Law Enforcement/Legal:
• The Police Department discovered a homeless encampment near Moon
Park. At NITF's request, Caltrans and the County of Orange quickly
cleaned the area and installed fencing to prevent future encampments
from being established.
• The NITF has created a sub -committee which tracks chronic offenders in
the city, and is working on strategies to prevent chronic offenders from
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continuing to engage in illegal activity through prosecution of municipal
code violations.
• Since February, 112 citations and 24 arrests have been made related
to these specific offenders.
In conclusion, the NITF will continue to build momentum and work towards the
ultimate goal of making Costa Mesa a healthier community for residents, visitors
and businesses. By adopting broad-based and creative solutions, City staff and
community partners are coming together to create a dynamic framework for
change.
ALTERNATIVES CONSIDERED:
At this time, the City Council is being asked only to receive and file this report.
Programming/Funding Recommendations will be recommended at a later date.
FISCAL REVIEW:
There is no impact to the general fund at this time.
LEGAL REVIEW:
There is no legal review required at this time. Several of the recommendations
will involve new ordinances and be presented to the City Council on a case by
case basis.
CONCLUSION:
Staff recommends that the City Council receive and file this report and entertain
these funding recommendations at a later date. A
( j A\V/
P
�RICHARID FRANCIS IEL ULLMAN
Assistant CEO omeless Coordinator
Attachment A: Homeless Task Force Goals
Attachment B: Short, Medium & Long Term Goals and Completed/Ongoing
Activities
Attachment C: Chronic Offenders Summary
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Attachment A
Goals of the Homeless Task Force
Goal 1: Define who is a Costa Mesa Homeless Individual
Goal 2: To Protect the Health and Safety of Costa Mesa Residents through Enforcement of
"Civility" Laws & Provision of Alternate Storage Facilities
Goal 3: Institute proactive problem resolution with regard to High Crime/Vice Motels which
Cater to Transient Population; Enforcement of local codes and ordinances at problem
Halfway/Sober Living Homes
Goal 4: Centralize Homeless Services Coordination
Goal 5: Integrate law enforcement, mental health and legal strategy as a collaborative
approach to homelessness
Goal 6: Research Permanent Supportive Housing and Possible Access Center for Costa
Mesa Homeless Residents
Goal 7: Review Interim Housing Options
Goal 8: Develop a Metrics System to Monitor Reductions in Homelessness
Goal 9: Promote Lions Park as a Local Venue for Special Events and Change in Facilities to
more Creative Usage
ATTACIiMENT B
SHORT, MEDIUM & LONG TERM GOALS AND
COMPLETED/ONGOING ACTIVITIES
The Neighborhood Improvement Task Force adopted five broad goals as a measure of the
group's progress:
Goal 1: Reduce Homelessness
Goal 2: Improve Motel Standards
Goal 3: Minimize Nuisances
Goa 14: Develop Citrvide Policies and Ordinances to hnprove Quality of Life
Goal 5: Better Utilize Law Enforcement Resources to Protect the Public's
Health Safety
There are several categories which fall under the broader goals as well as action items,
time frames (whether the action items are short term, medium tern, long term, completed
and/or ongoing) and finding sources/resources needed. For purposes of this discussion,
time frames are defined as follows:
• Short Term is defined as 6 months
• Medium Tenn is defined as 12 months
• Long Term is defined as 12-24 months
NITF GOAL 1:'REDUCE HOMELESSNESS
CateHory 1: Housing
Action Item: Program Development/Tenant Based Rental Assistance and
Supportive Housing
Time Frame: Medium -Long Term
Resources: HOME Funds (Housing Authority) & MHSA funds
Housing Authority staff reserved HOME finds for potential supportive housing
projects. Staff is also working with the County of Orange to discuss possible use
of Mental Health Services Act (MRSA) funds for a jointly funded project.
Category 2: Public Services
Action Item: Removal of Railing at Library
Time Frame: Completed
Resources: Existing
To prevent the storage of unattended property outside of the Donald Dungan
Library in Lions Park, the City has removed the railing outside its entrance and
Put up bollards. The Churches Consortium distributed information to the
homeless about available free storage at the nearby The Crossing Church.
Action Item: Moon Park Clean Up
Time Frame: Completed
Resources: Existing
The County of Orange and Caltrans removed debris from under the freeway
overpass by Moon Park following the discovery of a homeless encampment.
Category 3: Homeless Research/Comparable Cities
Action Item: Ongoing Research in Best Practices in Other Cities
Time Frame: Ongoing
Resources: Existing
City staff has reached out to several cities including most recently, the cities of
Fort Lauderdale, Florida and Santa Monica to learn about their family
reunification system and strategies to address homelessness to refine a policy that
balances the needs of the community with the homeless residents.
Category 4: Outreach/Reunification
Action Item: Storage/ Check-in Center Established February, 2012
Time Frmne: Ongoing
Resources: Churches Consortium (private)
The Check-in Center was established by the Churches Consortium to provide an
alternative storage site for the Costa Mesa homeless population so that the costly
citation and confiscation process can be reviewed as a last resort. The Center is
located at The Crossing Church. Besides offering storage for the Costa Mesa
homeless, church members and volunteers work with some of Costa Mesa's
homeless residents in an attempt to link them to services. 115 persons have used
the Check in Center since January 2012.
Action Item: Reunification Program — Churches Consortium & City of
Costa Mesa
Time Frame: Ongoing
Resources: Churches Consortium (private); General Fund (maximtun
$5000)
The Homeless Reconnection Program initiated by the Churches Consortium and
The Lighthouse Church reunited two homeless people with their families. With
the help of the Lighthouse Church, one man was reunited with his sister in
Indiana and is currently employed at a barbecue assembly plant near his sister's
home. The Churches Consortium reunited a young man with his grandmother in
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Riverside. The man had been homeless for 48 hours and had lived in Costa Mesa
for 23 years.
The Police Department and CEO's Office are developing transportatio /nIotel
voucher assistance for homeless persons who wish to be reunited with friends or
family out of the area or who are attending a valid Sober Living Program. Priority
will be given to Costa Mesa Homeless Residents as defined by the City Council,
as well as Police Referrals. All participants will have to go through a rigorous
screening process. Vouchers will also be available to those newer arrivals that
have been referred by either Police or Churches Consortium to provide
alternatives before they take up permanent residency on the streets.
Action Item: City/ Church Consortium Church Referral Program
Time Frame: Ongoing
Resources: Churches (private)
The City, in particular, the Costa Mesa Police Department, has partnered with the
Churches Consortium on several initiatives including the Check-in Center and
linking the homeless in Lions Park to services. City staff also refers churches
wishing to provide services to the homeless in Costa Mesa Parks to the Churches
Consortium so that they can work together to find more appropriate venues for
their work. Most recently, two different out -of- area churches were referred to the
Consortium by City staff regarding their desire to institute food sharing programs
in Costa Mesa parks. They were successfully redirected and are working with the
Consortium on other church programs.
Action Item: Library Code of Conduct
Time Frame: Completed
Resources: Existing
The City works closely with the Donald Dungan Library to assist the librarian in
dealing with homeless clients. The Library recently adopted a code of conduct to
ensure civility of the library as an institution for learning and information. The
code ensures that the library and all fellow patrons are shown similar levels of
respect.
Action Item: Mental Healtb Outreach/Psychological Evaluation Response
Team (PERT)
Time Frame: Ongoing
Resources: Orange County Health Care Agency, Various Social Services
Providers
The City has partnered with a variety of County and private mental health
providers to assist City staff in dealing with its homeless population. Although
they have limited staff, these organizations have targeted their resources to
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specific areas in Costa Mesa and work alongside the librarian, the Police
Department and the Churches Consortium to better address the problem.
Between January 2012 and May 2012, the Orange County Health Care Agency
made 109 contacts and 11 linkages including 9 housing placements. The Mental
Health Association made 42 contacts and 52 engagements with Costa Mesa
homeless between March 2012 and April 2012.
Additionally, staff met with the Orange County Health Services Agency several
times over the last six months regarding enlisting additional services for mentally
ill homeless and at -risk Costa Mesa residents. Within the next 60 days, the
County will be assigning a "PERT" clinician to ride along with Police Department
Staff and respond and follow tip to psychiatric emergencies in the City.
NITF :GOAL 2: IDIPROVE r;MOTEL :STANDARDSICONDUCT 0
COORDINATED INSPECTIONS
Action Item: Motel #1 Inspection
Time Frame: Completed
Resources: Existing
Interagency inspection of Motel #1 was conducted by Public Health, Code
Enforcement, Police, Fire and CEO's staff. The Property was referred to these
departments for follow-up as well as other outside agencies such as Adult
Protective Services. Conditions included lack of fimctioning smoke detectors,
infestation, older adults living in unhygienic conditions, and illegal drug use.
Action item: Motel #2 Inspection
Time Frame: Completed
Resources: Existing
Interagency inspection of Motel #2. Conditions included lack of functioning
smoke detectors and substandard living conditions relative to the existing long
term tenants.
Action Item: Research on Conditional Use Permit (CUP) Conditions for
Motels
Time Frame: Shot
Resources: Existing
The City Attorney is looking into the possibility of developing a new ordinance
designed to prevent the abuse of motels for particular long term living/business
arrangements
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NITF GOAL 3: MINIMIZE NUISANCES FROM PROBLEM PROPERTIES
Action Item: Inspect and Evaluate Problem Properties for Violation
of Health and Safety Codes and Licensing Requirements.
Time Frame: Ongoing
Resources: Existing
Since March, 2012, NITF staff has begun tracking problem properties for
interdepartmental follow-up. During this time period, the City inspected and
investigated five (5) problem properties with major health, safety and code
violations including trash and debris, violation of sober living license
requirements, excessive noise, long tens parking of RV's on on -street parking
spaces and other nuisances. One home has been demolished and City Departments
(including the City Attorney's office) are tracking new cases at each NITF
meeting. CEO's staff also met with the owner of several Costa Mesa recovery
homes based on neighborhood complaints. Noise coming from the homes has
been abated.
'\VIDE POLICIES AND ORDINANCES TO
hnproving the quality of life in Costa Mesa requires the collaborative efforts of
residents, businesses, City departments, the faith -based community and outside
agencies.
These efforts include a multi -faceted incentive and enforcement approach, which
includes the implementation of several ordinances designed to treat many
unaddressed community problems that spill over to the entire City.
Action Item: Sex Offender Ordinance
Time Frame: Completed
Resources: Existing
This Ordinance was enacted to exclude sex offenders from City parks and youth
sports fields owned and operated by the City.
Action Item: Sober Living Ordinance
Time Frame: Shot Term
Resources: Existing
This Ordinance is designed to place certain condition on sober living homes
located in the City.
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Action Item: Bicycle Parking Ordinances
Time Frame: Completed
Resources: Existing
This Ordinance will require that bicycles be placed in bike racks when they are
available in public parks. The City is presently conducting a bike rack survey to
determine the need for additional racks. It is expected that additional bike racks be
placed in Lions Park within the next thirty (30) days.
Action Item: Unattended Property Ordinance
Time Frame: Short Term
Resources: Existing
The goal of this ordinance is to not have personal property left on public rights-of-
way. Unattended property will be removed and stored for a period of time, and
abandoned property will be disposed of.
Action Item: Nuisance Ordinance
Time Franie: Short Term
Resources: Existing
The City Attorney's Office is working on broadening the scope of what
constitutes a nuisance and adding fines to properties which have excessive calls
for police service.
NITF-GOAL 5:. BETTER UTILIZE LAW ENFORCEMENT RESOURCES TO
PROTECT THE PUBLIC'S HEALTH AND SAFETY
Action Item: No Smoking Ordinance/Smoking Citations
Time Frame: Completed
Resources: Existing
From January, 2012 to May, 2012, 90 citations have been issued for smoking in
the park. The City Attorney is working on keeping the court from dismissing
tickets and securing larger fines for repeat offenders.
Action Item: Park Crime Statistics
Time Frame: Ongoing
Resources: Existing
From January, 2012 to May, 2012, 143 citations have been issued for open
alcohol containers in public spaces. Additionally, there have been 510 criminal
incidents between January and June of this year.
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Action Item: Complaint Referral System
Time Frame: Ongoing
Resources: Existing
Thanks to the collaborative efforts of the Costa Mesa Police Department and
NITF members, complaints from the community are regularly triaged to ensure
responsiveness to both residents and businesses. Over the past several months,
NITF staff has responded to complaints at Lions, Wilson and Moon Parks, private
homes, and businesses. NITF staff meets regularly, upon request, with property
owners, renters and businesses to enlist their help in addressing some of these
issues and to come up with a creative problem solving approach.
Action Item: Law Enforcement/Legal
Time Frame: Ongoing
Resources: Existing
The NITF has created a subcommittee which tracks chronic offenders in the city,
and it is working on a strategy to prevent chronic offenders from continuing to
engage in illegal activities through prosecution of municipal code violations and
non enforcement responses where appropriate.
Attaclunent C provides more details regarding legal and enforcement efforts.
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ATTACHMENT C
CHRONIC OFFENDERS SUMMARY
Until recently, violating the Costa Mesa Municipal Code held no consequences.
Ineffective enforcement has led to a number of individuals who commit many nuisance
offenses with impunity. Continued nuisance behavior with no consequences degrades the
quality of life in the City of Costa Mesa. For approximately a year now, the City has
made a focused effort to enforce its regulations, with a special emphasis on chronic
offenders. The City's goal is to get the chronic offenders off the streets and not
committing offenses. This will be more likely to occur if they are in custody or if they
have accepted assistance and are on the road to rehabilitation.
It is important to note that the City is enforcing its regulations against anyone who
violates its code, not just the chronic offenders. However, consistent with constitutional
principles of criminal justice, repeat offenders can be treated differently. An individual
who has committed 10 or 100 offenses will usually be punished more harshly than an
individual who has committed 1 or 2 of the same offenses.
Who is a Chronic Offender?
The City of Costa Mesa has identified 28 individuals and classified them as
chronic offenders. Chronic offenders are identified as those who cause major nuisances in
the community. This would include individuals who: 1) Have been arrested and cited
numerous times for public nuisance and related violations along with other crimes; 2)
have been troublesome and repeatedly harass local businesses, customers, and residents;
3) chronically trespass on private properties; 4) chronically consume alcohol and drugs in
public; and, 5) have been involved in numerous verbal and physical altercations with
members of the public.
The key factor used is the repetitive nature of the individual's conduct and his or
her disregard for compliance with established laws. In addition, it is important to note
that while most on the current list have a long history of local arrests and citations, sonic
individuals can be, and have been, added to the list if they cause major disruptions over a
short period of time. For example, one individual came into the community from another
city, and within a week had committed a number of nuisance offenses. This individual
was added to the list of chronic offenders due to the frequency and severity of offenses in
a short period of time.
The list of chronic offenders is fluid, so the 28 individuals that are on that list as
of the drafting of this report may not be the same people in a month, six months or a year
from now. The criteria for being on the list, however, remain constant. Individuals who
accept assistance and/or comply with the law are removed from the list.
Types of Offenses
The chronic offenders connnit a variety of offenses. These offenses include
municipal, penal, business and professions, vehicle, and health and safety code violations.
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However, the Costa Mesa City Attorney only has the authority to prosecute
municipal code violations such as: drinking in public, smoking in the park,
urinating in public, unlawful camping, being in the park after (lark, and scavenging.
All other violations are prosecuted by the District Attorney's Office.
Penalties for Violations
From January, 2012 to the end of June, 2012, the Costa Mesa Police Department
recorded the criminal history of the clnonic offenders. In that time period, the chronic
offenders received a total of 112 citations, and the Police Department conducted 24
arrests among those individuals. While the City's ultimate goal remains rehabilitation and
getting as many Costa Mesa homeless individuals off the streets and into productive
lives, the immediate goals is to reduce the amount of nuisance offenses being committed
throughout the City. To that end, enforcement of the municipal code has become more
aggressive, in particular against chronic offenders. Some of these offenders have been
serving sentences between 10 and 270 days, depending on the number and type of
offenses. Out of the 28 individuals on the chronic offender list, 20 have served or are
servingj ail sentences, and several others have outstanding arrest warrants. One individual
has agreed to attend Homeless Court.
The majority of the offenses consist of drinking in public/being drunk in public,
public excretion, smoking in the park, being in the park after dark and illegal camping. In
some cases, individuals have been charged with Penal Code violations, such as indecent
exposure and trespass/breaking and entering.
The Neighborhood Improvement Task Force has instituted a method for
confidentially tracking the chronic offenders. This method allows the City to see at a
glance how many arrests and citations each individual has received, broken down on a
quarterly basis, and the sentences received for convictions. The quarterly breakdown also
allows the City to track the individual's progress and, if appropriate, to remove him/her
from the chronic offender list.
The severity of the penalty is a function of the violation(s) conmmitted as well as
the individual circumstances surrounding the case. These penalties have ranged from a
probation sentence, a fine, or a jail sentence. If an offender fails to appear in court, they
can be picked tip on a bench warrant and have their case heard at County Jail. In some
cases, when there are also violations of the Penal Code, the sentence may be longer than
six months, the maximum allowable sentence for municipal code violations.
As noted above, the length of a jail sentence can vary from a few days to a few
months, with time off for good behavior. Hence, many individuals are continually
arrested and rearrested, only to be back on the streets within days of their prior arrest due
to the number of offenders who appear before our court system. This problem has been
further exacerbated by the State realignment program brought forth by AB 109, which
shifts the responsibility of housing tens of thousands of itmiates from the state prisons to
the county jails.
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Collaborating to Find a Solution
Due to the unpredictability of the overburdened judicial system, the City has
developed a multi -faceted legal strategy, which includes having a stronger presence in
court. Tracking and prosecuting chronic offenders aims to remove people from the
community who are particularly disruptive. Since March of this year, the City Prosecutor
has vigorously prosecuted six (6) chronic offenders.
Some of chronic offenders have the option to attend Homeless Court. Homeless
Court is a collaborative court, and its goal is to connect homeless individuals with the
appropriate resources to prevent them from living on the street. Currently, the City
Attorney is establishing a relationship with Homeless Court to better inform decision-
making and sentencing with respect to the Costa Mesa chronic offenders.
Additionally, the City has been collaborating with a number of state and county
organizations who perform outreach to homeless individuals. Some of these
collaborations have resulted in offenders being either reunited with family or placed in
housing or sober living facilities. Summaries of the results achieved by these
organizations are provided it the Council Agenda Report, as well as in Attachment B
thereto.
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