Santa Cruz Standard

City of Santa Cruz issued the following announcement on Dec. 24.

Per Executive Order #2020-24. San Lorenzo Park and the Benchlands will be closing temporarily through a phased approach, effective Dec. 21, 2020. The temporary closure and encampment abatement will be accomplished in phases, with the goal of temporarily closing the entire park on or around Jan. 4, 2021. Phase 1, which will begin on Dec. 21, will include the south end of San Lorenzo Park and adjacent Benchlands, from Branciforte Creek to the path connecting the Chinatown Bridge over the San Lorenzo River to Dakota Ave. Phase 2 will occur around the duck pond the week of Dec. 28 and phase 3 will occur around the lawn bowling green the week of Jan. 4. The temporary closure period will end on January 31, 2021, unless an extension of the closure is authorized. During the closure, the City will aim to keep the lawn bowling green, playground, and Riverwalk path open during the closure period.

Executive Order #2020-24 | San Lorenzo Park Temporary Closure

SmartPath to Housing and Health | County resources for individuals experiencing homelessness

1.     Why did the City decide to enact a phased closure of San Lorenzo Park? 

The decision to enact a phased closure of the park was not an easy one. The City must weigh multiple considerations, including the safety and well-being of individuals experiencing homelessness, the City’s responsibility to steward public resources, and the City’s obligation to consider the safety of all residents.

In recent months, the situation in San Lorenzo Park has intensified. A multitude of issues have arisen in the park, not the least of which are fires and fire safety concerns; calls for service to the Police for theft, vandalism, and trespassing; and damage to the shared community asset that is San Lorenzo Park.  

In situations such as these, the City’s goal is to protect people to the best of its ability, considering the local context, including resource availability. While there are no easy answers and each path forward has drawbacks, the City Manager and Parks Director determined that a phased temporary park closure moves the City closer toward its goal of protecting people. 

2.     Why is the City taking a phased approach to closure? What are the phases?

The City is conducting the planned closure in phases to provide impacted individuals with a reasonable opportunity to plan their next steps. Additionally, prior to the City noticing this closure, County outreach workers contacted individuals at San Lorenzo Park 2-3 days per week to connect them with available services.

Phase 1 began on Dec. 21 and included the south end of San Lorenzo Park and adjacent Benchlands, from Branciforte Creek to the path connecting the Chinatown Bridge over the San Lorenzo River to Dakota Ave.  During Phase 1 of the closure, some individuals called friends or family and were picked up in vehicles.

Phase 2 will occur around the duck pond on Dec. 28, and Phase 3 will occur around the lawn bowling green on Jan. 4.  The closure period will end on Jan. 31, 2021, unless an extension of the closure is authorized.  

During the time leading up to when San Lorenzo Park is fully closed, the City will continue to provide trash, handwashing, and restroom services for those residing in the area. 

3.     Where will displaced individuals go?

There are no easy answers to this question. Some individuals camping in the park do have support available from family or friends, and it is anticipated that they will return to live with those family and friends. The City observed that appeared to occur in Phase 1 of the closure.

Some of the individuals are on shelter waitlists, and shelter will become available to them. We have been informed that the County is working on expanding capacity at the Golflands (behind the Armory), and additional spaces may be made available at this site. We encourage the County to expeditiously increase that capacity, if possible, and make those spaces available for displaced individuals who are at most risk of contracting COVID.

Some individuals will move to camp in other parts of the City, and some individuals may move to camp in other parts of the County or state. The City understands that the closure of San Lorenzo Park in no way solves the issue of homelessness, and we expect to see smaller encampments in other areas.

If you are experiencing homelessness in Santa Cruz County and are looking for a permanent place to call home, the first step is to complete a Smart Path Assessment (sometimes called the VI-SPDAT or Vulnerability Index-Service Prioritization Decision Assistance Tool) with the County. To find out where you can complete an assessment, please call 2-1-1.  You can also listen to a recorded message, in English and Spanish, detailing current Access Points contacts by calling (831) 454-4122.

4.     Why doesn’t the City open up a new shelter or managed camp for the displaced individuals?

Unlike some larger cities within the state, the City of Santa Cruz generally does not receive funding from the state or federal government to provide housing or other services to persons experiencing homelessness. Instead, the County of Santa Cruz receives significant funding to provide these services and has been legally tasked with providing these types of services.[1] 

For the 2020-2021 fiscal year, the City had a substantial budget shortfall that was addressed with several cost-cutting measures. The measures included furloughing staff for the entire fiscal year, some layoffs, eliminating or freezing vacant positions, using reserves, and delaying several capital projects. The City also anticipates another significant deficit next fiscal year.

At this time, the City does not have the funds necessary to support a large managed camp or another shelter within the City. Even when large camps are “unmanaged,” it is also worth noting that if they remain for long periods, the costs of supporting hygiene services, refuse management, hypodermic needle disposal, increased calls for service, and property repair are substantial. 

5.     What about the CDC guidance on encampments? 

The CDC offers non-binding guidelines on encampments.  Many cities, including Santa Cruz, have determined that allowing encampments to remain indefinitely can pose significant health and safety concerns that must be considered and weighed. 

The City is aware that, in an email to another city, CDC staff indicated that local jurisdictions should approach encampments with the goal of protecting people to the best of their ability, and what that might look like will depend on the local context, including resource availability.

There are no easy answers.  Here, given the local context, including dangerous fires in the park, the City Manager and Parks Director have decided that the best way forward is to close the park.

6.     Is the City even allowed to close the park?

Yes, the City is legally permitted to close its own park.  San Lorenzo Park is property owned by the City of Santa Cruz, and the City of Santa Cruz is authorized to close it.  See Santa Cruz Municipal Code §§ 13.04.011, 13.04.012.

There is no legal precedent suggesting that the City cannot close its park and instead must operate its park property as a large encampment.  Instead, courts have repeatedly upheld broadly applicable park closures. See, e.g., People v. Trantham, 161 Cal.App.3d Supp. 1 (1984) (upholding Los Angeles ordinance providing that “No person shall enter, remain, stay or loiter in any park between the hours of 10:30 p.m. and 5 a.m.”); Occupy Sacramento v. City of Sacramento, 878 F.Supp.2d 1110 (E.D. Cal. 2012) (upholding Sacramento’s park closure ordinance); State v. Bailey, 166 N.H. 537 (2014) (upholding Manchester’s park closure ordinance).

While the action contemplated by the City is a broadly applicable closure authorized by the Parks Director, the City Manager, and the Municipal Code, it may also be worth noting that the City could pass a camping ban in a public park.  See Gomes v. Cty. of Kauai, No. 20-00189 JMS-WRP, 2020 U.S. Dist. LEXIS 154766 (D. Haw. Aug. 26, 2020) (upholding a camping ban in a public park in the County of Kauai, even though the County had only one homeless shelter with a maximum capacity of 19 and over 500 registered homeless individuals in the County).

7.     What specific health and safety concerns led to the phased closure of San Lorenzo Park?

• The City has strong evidence that San Lorenzo Park’s conditions have been a public nuisance. Unabated, those conditions would deteriorate further and pose a substantial risk to encampment occupants and the public.  For example:
• The City is very concerned about fires and fire safety. There have been multiple arrests within the park for illegal fires that threaten the surrounding campers, open space, and nearby businesses. The San Lorenzo Park grounds/facilities have experienced illegal electrical taps.
• The sentiment that individuals in San Lorenzo Park are managing their own trash and keeping the area clean is false. City staff is tending to all City waste receptacles, two City dumpsters, one County dumpster (scheduled to leave soon), and many privately-provided trash cans. City staff hand out extra waste can liners to campers. Unfortunately, trash cans and dumpsters are rummaged through daily, and staff must continue to clean them up, over and over.  Staff cleans up litter and debris: just last week, City staff reported collecting 3-4 trash bags of needles, in addition to bags full of used toilet paper, human waste, and broken glass.
• We have received complaints from neighbors about trespassing, and one neighbor even commented that a camper defecated in her garage.
• It is common to see campers openly using intravenous drugs or defecating on the park grounds.
• Used needles and shattered glass have been easy to find at the park. 
• It is commonly understood that often large encampments can result in a high concentration of drug users. Some of the individuals residing at San Lorenzo Park are believed to have access to shelter. Notwithstanding regular patrols and arrests by law enforcement officers for various crimes or probation violations, large encampments, once established, invariably attract drug dealers and related criminal behavior, as more customers seek out easy access to narcotics.an 

8.     What has the County done to expand shelter capacity during COVID-19? How has the City helped? What else can be done?

To the County’s credit, it has significantly expanded shelter capacity within the City during the COVID-19 pandemic. The County has added capacity within the City at Vets Hall (approximately 46 sites added), Golflands, formerly the Benchlands in San Lorenzo Park (approximately 48 sites added), Pavillion (approximately 42 sites added), and four motels within the City (approximately 144 rooms added).   

Unlike some California cities, Santa Cruz did not object to this increased shelter capacity within its borders.[2] Instead, the City has partnered with the County to increase shelter and managed encampment capacity in City limits significantly. The City has partnered with the Association of Faith Communities to increase its “SafeSpaces” program for vehicle parking significantly. The City let its public park be used for encampments for approximately nine months.

The City encourages the County to continue to expand shelter capacity and availability in areas outside of the City’s borders, given how much these issues have disproportionately impacted the City.  For example, the County could offer a public park in an unincorporated area as a potential new temporary encampment location. Or, neighboring cities in the County could do as the City has done and partner with the County to increase county-wide shelter or managed encampment capacity.

This is an incredibly challenging situation. Federal and state reforms are needed, and we encourage residents to reach out to their County, state, and federal elected officials on this critical issue. In the meantime, the City will continue conversations with our County partners regarding our collective efforts to address homelessness.

Original source can be found here.