HomeMy WebLinkAbout20231222_Langley Settlement Agreement-Execution Copy
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
CASE NO.: 2:21-CV-07479 CJC
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SETTLEMENT AGREEMENT AND MUTUAL RELEASE
This Settlement Agreement and Mutual Release (hereinafter “Agreement” or
“Mutual Release”) is made by and among Plaintiffs Pamela Langley, Edward Marquez,
Christina Malmen as individuals and the Defendant City of San Luis Obispo
(“Defendants”) (collectively, the “Parties”).
RECITALS
On September 17, 2021, Plaintiffs filed a Complaint for Injunctive and Declaratory
Relief in United States District Court, Central District of California (Case No. 2:21-cv-
07479-CJC-ADS) (“The Action”). The original Complaint included three additional
Plaintiffs, Renee Askew, Aaron Stinnett, and Hope’s Village of SLO.
On December 8, 2021, Defendants filed a Motion to Dismiss Plaintiffs’ Complaint.
On February 7, 2022, the Court denied Defendants’ Motion.
On September 15, 2022, Plaintiffs filed a Stipulation for Voluntary Dismissal of
Renee Askew and Aaron Stinnett.
On April 18, 2023, Plaintiffs filed a Stipulation for Voluntary Dismissal of Hope’s
Village of SLO.
On December 6, 2023 the City Council for the City of San Luis Obispo approved
the settlement.
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SETTLEMENT AGREEMENT AND MUTUAL RELEASE
CASE NO.: 2:21-CV-07479 CJC
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The Parties wish to resolve this litigation and in exchange for the promises as
outlined hereinbelow, Plaintiffs will execute and file a Stipulation for Voluntary
Dismissal with prejudice, at which time the Parties shall take the actions stated below.
NOW, THEREFORE, in consideration of the above promises and the following
covenants, it is agreed as follows:
DEFINITIONS
As used herein the following terms shall have the following meanings:
“Shelter or Housing” may be permanent supportive housing, transitional housing
or shelter, interim housing, a residential treatment facility, or an emergency placement
(including, but not limited to shelter beds, pallet shelters, emergency or transitional
shelter housing, safe parking placements, and hotel vouchers) offered to Unsheltered
Persons that are adequate to meet their individualized needs. The adequacy of a shelter
will be determined in consultation with the unhoused person through a voluntary referral
for assessment by qualified personnel, who are trained in individual assessment of an
Unsheltered Person’s shelter needs and employed or engaged to perform such assessment
by a shelter, housing, and/or social services provider. Shelter offered to an individual
shall not be deemed inadequate to meet individualized needs solely due to an individual’s
preference for a type or location of shelter other than that deemed appropriate and offered
to them following an individualized assessment, but not otherwise subject to
accommodation under operable law at the time of the individualized assessment.
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“Assessment Referral” means an offer of referral and transportation of a person,
by Outreach Staff to qualified assessment personnel, who are trained in individual
assessment of an Unsheltered Person’s shelter needs, and employed or engaged by a
shelter, housing or social services provider to perform such assessment. If the Assessment
Referral is accepted qualified assessment personnel will work with the unhoused
individual to determine what type or types of shelter or housing constitutes adequate
Shelter or Housing for that individual, and who will make an offer of adequate Shelter or
Housing to that individual, if such adequate Shelter or Housing can be identified and is
practicably available to the individual in a accordance with any applicable eligibility
and/or participation requirements. The Assessment Referral can be based on a
combination of the self-report of the unhoused person and the observations of the
Outreach Staff, and it may overlap with a Coordinated Entry System assessment and/or
the type of mental health assessment referred to in Section 2.2 of the City’s CAMP
Standards as of the effective date of this agreement.
“City” means the City of San Luis Obispo, including all of its departments, as well
as its officials, agents, employees, and representatives.
“Homeless Services Center at 40 Prado” is a homeless services center that
currently includes congregate shelter located at 40 Prado Road, San Luis Obispo, CA
93401. The Parties’ understanding of 40 Prado as of the time of signing this agreement is
as follows: 40 Prado is a year-round congregate shelter, with separate private or semi-
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private rooms for families and recuperative care patients, that allows occupants overnight
shelter, meals, showers, laundry, mail/phone services, access to case management,
primary medical care, and animal kennels, among other coordinated supportive services.
40 Prado operates 24 hours a day, 7 days a week and is available to men, women, and
families, as well as recuperative care patients, who are unhoused. 40 Prado is operated by
Community Action Partnership of San Luis Obispo County (“CAPSLO”), a 501(c)(3)
non-profit agency, which is organizationally separate from and independent of the City.
CAPSLO determines the conditions of entry into the shelter and services it provides and
the City does not have operational or management control over the policies and
operations of 40 Prado, but does have certain contractual agreements with 40 Prado,
pursuant to which the City provides funding to 40 Prado and 40 Prado provides services
to unhoused residents of the City. 40 Prado also provides a warming and cooling shelter
during specified heat, cold weather, and rain events, which increases the number of
shelter beds available during such weather conditions.
“Outreach Staff” means members of the City’s Community Action Team (CAT)
and Mobile Crisis Unit (MCU), and other City personnel involved in the Assessment
Referral process, in collaboration with outreach staff from CAPSLO and other service
providers.
“Public Property” means any publicly owned property in the City, that is open
and subject to use by the public, either without restriction as to times or days of use or
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during publicly posted hours of use, whether improved or unimproved, located within the
City limits.
“Service Provider” includes the Homeless Services Center at 40 Prado, the
Housing Authority of the City of San Luis Obispo (“HASLO”), Transitions - Mental
Health Association (“TMHA”), People’s Self-Help Housing, Five Cities Homeless
Coalition, El Camino Homeless Organization (“ECHO”), County of San Luis Obispo -
Social Services Department and/or Behavioral Health Department (“County”), or other
similar housing, treatment, or mental health service providers.
“Unsheltered Person” means an individual who agrees to participate in an
Assessment Referral for whom Shelter or Housing is not practicably available at the time
the individual requests and agrees to enter shelter, and who does not own, lease or have
the ability to secure Shelter or Housing, either through personal assets, personal
relationships, or public assistance.
ACKNOWLEDGMENTS
Plaintiffs and their counsel recognize and acknowledge that the City is not a social
services provider and does not receive funding for providing shelter, care, mental health
services, addiction treatment services, or other programs that are made available to
unhoused persons by other agencies. Plaintiffs recognize and acknowledge that California
Welfare and Institutions Code section 6560, et seq. requires the County of San Luis
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Obispo to provide mental health services and that the funding for those services is
determined by the County Board of Supervisors, over which the City has no control.
The City Council has provided significant funding to CAPSLO for shelter services,
including for construction of the current Homeless Service Center at 40 Prado, has made
addressing housing and homelessness a City goal in its 2021-2023 and 2023-2025
Financial Plans and its 2020-2028 Housing Element, and has adopted a City specific,
Homelessness Response Strategic Plan, to align with and amplify the County’s strategic
plan to address homelessness.
The Parties agree to work collaboratively with each other, the County, and other
Service Providers toward programmatic solutions to the challenges facing unhoused
persons and the City remains open to ongoing consultation with plaintiffs and their
representatives as to how it may better support the County, other service providers, and
unhoused residents of the City in meeting the needs of unhoused persons.
AGREEMENT
1. The Parties shall execute this Settlement Agreement and Mutual Release
with the court retaining jurisdiction to enforce the Settlement Agreement subject to Fed.
R. Civ. Proc. 41(a)(2). Plaintiffs agree to file a Stipulation of Plaintiffs and Defendants
for Voluntary Dismissal with prejudice requesting the Court retain jurisdiction to enforce
this Settlement Agreement. The parties will meet and confer within 30 days about
potentially modifying the Agreement in the event that the Supreme Court of the United
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States accepts review of and reverses or limits the ruling of the United States Court of
Appeals for the Ninth Circuit in the case of Johnson et al. v. City of Grants Pass. The
parties agree to make reasonable efforts to resolve any disputes without intervention of
the Court. The parties agree that they will provide 10 days’ notice to the other party prior
to filing any motion to enforce or modify the Agreement.
2. Within 30 days of the execution of this Agreement, the City shall issue
payments in the amount of $7,500 to each Plaintiff. The parties agree that these payments
will be used solely for Shelter or Housing or other basic needs and shall not be used to
support the occupancy or storage or accumulation of personal property in or upon
outdoor spaces not lawfully permitted for lodging or to facilitate the illegal occupancy or
storage of any vehicle in or upon any publicly owned or operated space.
3. Within 30 days of the execution of this agreement, the City shall waive or
dismiss any currently pending, City-directed prosecution action or penalty assessment for
violations of SLOMC § 10.34.020(A), SLOMC § 12.04.020, SLOMC § 12.20.040(E),
SLOMC § 12.22.050(B), SLOMC § 12.22.050(P), SLOMC § 12.23.030(B), and/or
SLOMC § 12.23.030(I), as against the named Plaintiffs who are currently parties to the
action, which have been cited and/or filed, and remain outstanding, as of the date of
execution of this Agreement.
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4. The City agrees to adhere to the Compassionate Assistance, Mitigation and
Prevention (CAMP) Standards in effect on the date of this fully executed Agreement,
which may be amended and modified from time to time in accordance with this
Agreement and as necessary to comply with subsequent changes in state or federal
statutory or decisional law.
5. The City’s current CAMP standards (attached hereto as Exhibit A) have
been reviewed by Plaintiffs’ counsel and are incorporated herein by reference as though
fully set forth. The City agrees to adhere to the CAMP standards in effect on the date of
this fully executed agreement, which may be amended and modified from time to time in
accordance with this Agreement and subsequent changes in state or federal statutory or
decisional law. The Parties agree that subsequent modifications of those standards may
be necessary to bring the CAMP standards into conformity with subsequently enacted
state or federal law, including subsequently decided, binding case law, and to reflect
necessary non-substantive modifications to operational practices. and/or to address
alignment with additional subsequently developed service and shelter alternatives.
6. The City further agrees to notify Plaintiffs’ counsel of any material proposed
amendments to substantive provisions of the CAMP standards 30 days in advance of
implementing those changes and, if requested by Plaintiffs’ counsel, within said 30-day
period, to meet and consult with them prior to implementation of such changes, provided
that consultation shall not delay proposed amendments for more than 60 days from the
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date of notification, unless expressly agreed otherwise by both parties in writing and shall
not preclude City’s compliance with otherwise applicable state or federal statutory or
decisional law.
7. The City’s current Temporary Storage Guidelines (attached hereto as Exhibit
B) have been reviewed by Plaintiffs’ counsel and are incorporated herein by reference as
though fully set forth. The City agrees to adhere to the Temporary Storage Guidelines in
effect on the date of this fully executed agreement, which may be amended and modified
from time to time in accordance with this Agreement and subsequent changes in state or
federal statutory or decisional law. The Parties agree that subsequent modifications of
those standards may be necessary to bring the Storage Guidelines into conformity with
subsequently enacted state or federal law, including subsequently decided, binding case
law, and to reflect necessary non-substantive modifications to operational practices.
8. The City further agrees to notify Plaintiffs’ counsel of any material proposed
amendments to substantive provisions of the Temporary Storage Guidelines 30 days in
advance of implementing those changes and, if requested by Plaintiffs’ counsel, within
said 30-day period, to meet and consult with them prior to implementation of such
changes, provided that consultation shall not delay proposed amendments for more than
60 days from the date of notification, unless expressly agreed otherwise by both parties in
writing, and shall not preclude City’s compliance with otherwise applicable state or
federal statutory or decisional law.
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9. The City will commit to advocating for the establishment of housing
alternatives co-located with supportive services on public or available private property
within the City, as well as throughout the County. The City will continue to work with
the Homeless Services Center at 40 Prado and support applications through the Homekey
application process and other current or future funding programs to expand available
temporary and transitional shelter and housing options within the City, including
supporting the development and expansion of non-congregate options. The parties
acknowledge that this Agreement is not intended to, and legally cannot, commit any
future City Council to fund or vote in support of any specific project or application, other
than those projects for which the Council has committed support as of the date of
execution of this Agreement, as specifically set forth below.
10. The City will support, with facilitation, partnerships, development review
processing, and/or direct financial support, the production of units by housing providers
in the City dedicated to housing unhoused individuals, including, but not limited to the
following efforts in which the City is involved, totaling 134 to 151 units:
The Anderson Hotel – 68 Homeless Units
Maxine Lewis – 40 Homeless Units
Humbert/Victoria – 40 Senior Units, estimated 8 homeless units
Bridge Street – 94 units, 3 phases, estimated 9-20 homeless units
1422 Monterey – 106 units, estimated 9-15 homeless units
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11. When an Unsheltered Person resides in an encampment on Public Property
that the City has designated as Level 2 (Advance Action Required) or Level 3 (Mitigation
Required) under the CAMP standards, the City will make an Assessment Referral for the
Unsheltered Person.
12. If the Unsheltered Person accepts Assessment Referral, the City or qualified
assessment staff engaged by a service provider, as appropriate, will offer to provide or
coordinate transportation to the location of the assessment and initial transportation to the
location of Shelter or Housing, should any be practicably available, if the person wants
transportation.
13. If an Unsheltered Person indicates to Outreach Staff that they will accept
placement in Shelter or Housing, but it is determined through the Assessment Referral
that there is no placement immediately and practicably available, the City, will contract
to provide financial support to a service provider who will, based on the individualized
assessment performed by qualified assessment personnel, either utilize available hotel
vouchers funded by the City to create available capacity for the individual in otherwise
existing adequate Shelter or Housing or provide the individual with a voucher to stay at a
local motel for up to 30 days. Eligibility for City funded vouchers will be limited to
unhoused individuals living in the City and receipt of a voucher will be conditioned upon
the person agreeing to accept an Assessment Referral, complying with the rules of the
establishment in which placement is provided and agreeing to engage with Assessment
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Referral staff and/or other appropriate housing or services staff to access appropriate
shelter, housing and/or supportive services
14. The City shall establish a fee waiver program wherein an Unsheltered
Person may petition the City for a waiver of any fees or fines imposed for violations of
SLOMC § 10.34.020(A), SLOMC § 12.04.020, SLOMC § 12.20.40(E), SLOMC §
12.22.050(B), SLOMC § 12.22.050(P), SLOMC § 12.23.030(B), SLOMC § 12.23.030(I).
The City shall identify the grounds for waiver.
15. The City will include language in all of its new contracts, as of January 1,
2024 with entities that provide homeless services, including 40 Prado, requiring those
entities to adopt reasonable accommodation policies and procedures that are consistent
with the Americans with Disabilities Act, 42 U.S.C. Section 12131 et seq., Section 504 of
the Rehabilitation Act of 1973, 29 U.S.C. Section 794, and California Government Code
Section 11135, and all other applicable anti-discrimination statutes (e.g., FEHA) as a
condition of receiving funding.
16. City departments with staff engaged in delivery of direct field services to
Unsheltered Persons shall receive enhanced training above and beyond the minimum
required by applicable licensing or managing bodies to include initial employment
training (as soon as available, within the first year of employment) and supplemental
training on a bi-annual basis thereafter on health and safety, de-escalation, and crisis
intervention for persons experiencing mental health issues.
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17. The City will pay $210,000.00 to Plaintiffs’ counsel. The intended use of the
attorneys’ fees will be to advocate for the public interest, including homelessness
prevention, affordable housing, and outreach to the unhoused community about the
services and Shelter and Housing options that are available in the community. Counsel
for the Plaintiffs also represent that that they have no present intent to bring any similar
claims in San Luis Obispo to those made in the Action.
18. All Parties hereby waive any and all claims (which include all unknown and
unanticipated rights, liens, claims for indemnity or contribution, causes of action and
damages resulting from these events) that they may have against each other party and
each of their attorneys, insurers, employers, employees, elected officials, representatives,
agents, or assignees arising out of or relating to the above-mentioned Action. Except as
expressly provided in this Agreement, Plaintiffs are expressly responsible for all liens, or
other expenses incurred by Plaintiffs as a result of the incidents alleged in the Action and
shall hold harmless, defend and indemnify the settling Parties and their insurers of and
from any such lien claims.
19. In executing this Mutual Release, all Parties hereby waive all rights and
benefits which they may now have or in the future may have related to claims or actions
occurring or alleged to have occurred prior to the execution of this Agreement under and
by virtue of the terms of Section 1542 of the Civil Code of the State of California, which
section reads as follows:
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A general release does not extend to claims that the creditor or releasing party does
not know or suspect to exist in their favor at the time of executing the release and that, if
known by them, would have materially affected their settlement with the debtor or
released party.
20. All Parties agree that this is a compromise settlement of disputed claims, and
this Mutual Release shall not be deemed or construed as an admission of liability on the
part of any party to this Mutual Release. Defendant expressly denies the allegations stated
against it and enters into this settlement in order to reach a final resolution of all pending
litigation.
21. All Parties agree to cooperate fully and to execute any and all supplementary
documents, and to take all additional actions that may be necessary or appropriate to give
full force and effect to the basic terms and intent of this Mutual Release, and which are
not inconsistent with its terms.
22. This Mutual Release contains the entire understanding of all Parties with
respect to the subject matter hereof, and no modification or waiver of any of the
provisions hereof shall be valid unless it is put into writing and executed by all parties
hereto.
23. Should any provision of this Mutual Release be declared or determined by
any court to be illegal or invalid, the validity of the remaining parts, terms and provisions
shall not be affected thereby and said illegal or invalid part, term or provision shall not be
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deemed to be part of this Mutual Release. This Mutual Release shall be interpreted
according to its plain meaning and not for or against either party as a result of the
presumption under California Civil Code section 1654. This Agreement shall be
governed as to validity, interpretation, construction, effect, and in all other respects by the
laws of the State of California.
24. Each of the Parties to this Mutual Release represents and warrants that they
have full legal authority to agree to and execute this Mutual Release containing the
provisions herein (including those concerning the release of claims) on behalf of any and
all persons having a legal and/or beneficial interest whatsoever in the rights, claims,
demands, causes of action, injuries, damages, loss, actions, costs, attorneys’ fees, loss of
services, expenses and compensation released thereby.
25. Each party represents and warrants that in executing this Mutual Release,
they have relied on the legal advice of their attorney of choice, and the terms of this
Mutual Release and its consequences have been completely read and explained to each
party by that attorney, and each party fully understands the terms of this Mutual Release.
26. The undersigned further expressly agree that this Mutual Release shall be
binding upon all successors and assigns and shall inure to the benefit of all Parties and
each of them. The undersigned further represents that any approvals of this settlement
required to be obtained by the undersigned have been obtained and that they are expressly
or otherwise fully authorized to release and discharge the Parties, as described herein.
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27. This Agreement may be executed in counterparts and delivered by facsimile
or via electronic means such as PDF, and each such counterpart and/or
facsimile/electronic signature shall be deemed to be an original, and all of which when
taken together shall constitute one executed agreement.
28. THE PARTIES HAVE READ AND UNDERSTOOD THE TERMS AND
NATURE OF THE FOREGOING MUTUAL RELEASE AND WARRANT THAT THE
MUTUAL RELEASE CONTAINS THE “ENTIRE AGREEMENT” BETWEEN THE
PARTIES HERETO, AND NO PROMISE, INDUCEMENT OR AGREEMENT NOT
EXPRESSLY CONTAINED HEREIN HAS BEEN MADE.
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement
pursuant to the signature pages attached hereto and incorporated herein by reference.
Dated: _______________
PAMELA LANGLEY
Plaintiff
Dated: _______________
EDWARD MARQUEZ
Plaintiff
Dated: _______________
CHRISTINA MALMEN
Plaintiff
Dated: _______________
CITY OF SAN LUIS OBISPO Defendant
By: Erica Stewart
Title: Mayor of the City of San Luis Obispo
DocuSign Envelope ID: 61224B32-1C85-4F1A-A47C-91C3153E49DE
12/22/2023 | 4:35 PM PST
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APPROVED AS TO FORM:
Dated: _______________
SASHA AGUILAR
Plaintiffs’ Attorney
Dated: _______________
LAUREN HANSEN
Plaintiffs’ Attorney
Dated: _______________ __/s/____________________________
BABAK NAFICY
Plaintiffs’ Attorney
Dated: _______________ ______________________________
CHRISTINE DIETRICK
City Attorney
SASHA AGUILAR
DocuSign Envelope ID: 61224B32-1C85-4F1A-A47C-91C3153E49DE
12/21/2023 | 5:32 PM PST
EXHIBIT A
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1
Last Updated: 1/1/24 CAMP Standards V.3
January 2024
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2
Last Updated: 1/1/24 CAMP Standards V.3
1.0 INTRODUCTION.................................................................................................................. 4
1.1 Statement of Intent ........................................................................................................... 4
1.2 Overview .......................................................................................................................... 4
2.0 ENCAMPMENT SAFETY ..................................................................................................... 5
2.1 Behavioral Issues ............................................................................................................. 5
2.2 Mental Health ................................................................................................................... 5
3.0 COMMUNICATIONS ............................................................................................................ 6
3.1 Internal Communications .................................................................................................. 6
Email Distribution Lists ........................................................................................................ 6
3.2 PUBLIC INFORMATION ................................................................................................... 7
Public Inquiries ................................................................................................................... 7
Media Inquiries ................................................................................................................... 7
4.0 SITE ASSESSMENT ............................................................................................................ 8
4.1 Determine Jurisdiction ...................................................................................................... 8
Encampments on Public and Private Property .................................................................... 8
4.2 Determine Status .............................................................................................................. 8
Abandoned Encampments .................................................................................................. 8
Inhabited Encampments ..................................................................................................... 9
5.0 LEVEL 1: IMMEDIATE ACTION REQUIRED ......................................................................10
5.1 Identification ....................................................................................................................10
Imminent Risk ....................................................................................................................10
Hazardous Conditions ........................................................................................................10
Publicly Restricted Spaces .................................................................................................10
5.2 Enforcement Key Components ........................................................................................10
Approval(s) ........................................................................................................................10
Documentation ...................................................................................................................11
Outreach ............................................................................................................................11
Implementation ..................................................................................................................11
6.0 LEVEL 2: ADVANCE ACTION REQUIRED .........................................................................12
6.1 Identification ....................................................................................................................12
Safety & Sanitation ............................................................................................................12
Time Restricted Open Spaces ...........................................................................................12
Scheduled Project Site .......................................................................................................12
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6.2 Enforcement Key Components ........................................................................................12
Approval(s) ........................................................................................................................12
Documentation ...................................................................................................................12
Outreach ............................................................................................................................13
Implementation ..................................................................................................................13
7.0 LEVEL 3: MITIGATION REQUIRED....................................................................................14
7.1 Identification ....................................................................................................................14
Escalation to Level 2 ..........................................................................................................14
7.2 Enforcement Key Components ........................................................................................14
Approval(s) ........................................................................................................................14
Documentation ...................................................................................................................14
Outreach ............................................................................................................................15
Implementation ..................................................................................................................15
7.3 Communication................................................................................................................15
Notice of Level 3 Escalation ...............................................................................................15
Addendum A: Jurisdiction Table (front) .....................................................................................16
Addendum A: Jurisdiction Table (back) .....................................................................................17
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The purpose of the Compassionate Assistance, Mitigation, and Prevention (“CAMP”) Standards
is to connect unsheltered individuals with shelter/housing solutions and critical services,
coordinate cleaning of trash, hazardous items and debris from encampment sites, prevent health
and safety emergencies at encampments, and restore and maintain the City’s public spaces in a
safe and accessible manner for all community members.
The following CAMP Standards apply to public property and unpermitted camps occurring on
public property and are a sensitive social and legal issue. The City does not regard the CAMP
Standards as a solution to homelessness; however, the standards provide a framework that City
staff can utilize in the field to help reduce negative impacts to all community members. City staff
are expected to exercise reasonable care and discretion when making decisions related to CAMP
Standard implementation.
It is the City’s responsibility to maintain environmental and regulatory compliance, as well as
address community health, safety, and welfare concerns in accordance with the law. To uphold
this responsibility, the City has established the CAMP Standards.
The City of San Luis Obispo is committed to working with nonprofit services providers and County
experts on homelessness and to connecting individuals residing in the City’s outdoor/public
spaces with services, resources, and shelter.
The City’s approach to implementing CAMP Standards focuses on:
1. Assessment & Support: City staff apply CAMP Standards and discretion based on the
unique circumstances of each encampment site, and coordinate with City Outreach
Resources (Community Action Team (CAT) and Mobile Crisis Unit (MCU)) in order to
connect inhabitants with services that are relevant to their specific needs. City staff that
are not trained in social services support including Police Officers, Ranger Service, and
Public Works staff, refer unhoused individuals to 40 Prado Homeless Services Center (40
Prado) for emergency shelter. 40 Prado, in turn, is able to make referrals to other
continuum of care partners and social services programs available within SLO County as
appropriate. In instances where 40 Prado reaches full bed capacity, their case managers
work closely with interested individuals to identify appropriate alternatives such as
placement in other local shelters, family reunification, or being hosted by a friend.
2. Agency & Opportunity: Throughout the City’s work, it recognizes the importance of
reinforcing an individual’s agency by providing a choice between opportunities, whenever
possible.
3. Accountability: In order to track and appropriately report on the efforts connected to
homelessness across City of San Luis Obispo divisions, all work performed on this effort
should be recorded using the Survey 123 app.
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Where City staff observes anyone engaging in unlawful activity, law enforcement or Ranger
Service should be contacted to investigate. Homeless persons may not be penalized simply for
being homeless. However, where their actions are unlawful, the City should enforce applicable
regulations (e.g., consumption of alcohol, possession of drugs, starting fires, littering, etc.).
Note: Where open flames are observed, staff must ensure that flames are immediately and fully
extinguished, issue citation (MC§15.04.090 (I)), and follow guidance as outlined in this document
and department standard operating procedures.
The potential for mental and emotional illness and impairment are well documented in the
unhoused/unsheltered community. According to the American Psychological Association, people
without homes have higher rates of hospitalization for mental illness and substance abuse than
other populations. Rates of mental illness among people who are homeless in the United States
are twice the rate found for the general population. All members of City staff are to exercise
reasonable care when working or interacting with individuals who display objective signs of mental
or emotional illness.
Where City staff observes individuals experiencing homelessness exhibiting signs of mental and
emotional illness and/or impairment, staff should contact the Community Action Team (CAT) or
the Mobile Crisis Unit (MCU) to conduct an on-site assessment and refer to mental health services
as appropriate. The CAT or MCU may arrange for transportation to mental health services
facilities as requested. If CAT or MCU is not available and the situation presents a safety concern,
staff should call dispatch (assess whether emergency or non-emergency is appropriate).
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Adhering to CAMP Standards requires coordination across multiple City, and sometimes
County/State Departments. Additionally, enforcement of CAMP Standards may be viewed as
controversial due to the general vulnerabilities of inhabitants who are experiencing homelessness.
For these reasons, City staff engagement with CAMP Standards requires clear, accurate, and
consistent communication. The following guidelines are intended to provide City staff with clarity
about chains of communication and points of contact that ensure accurate and consistent
information sharing.
Engagement with encampments occurs across multiple City departments on a daily basis. In
order to streamline communications related to upholding CAMP Standards, the City has
developed an internal communications structure that relies on three key groups: 1) Field
Operations, 2) Technical Specialists, and the 3) Steering Committee.
When sending emails regarding CAMP Standards, please use the following distribution lists in
outlook – this ensures everyone is kept in the loop without the need to enter each person’s email
address.
Includes: City Manager, Assistant City Manager, City Attorney, Community Development
Division Director, Housing Policy & Programs Manager, Homelessness Response
Manager, Police Chief, Fire Chief, Parks & Recreation Director, Public Works Director, as
well as the Communications Manager for awareness.
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Includes: Homelessness Response Manager, Communications Manager, Rangers
assigned to Homelessness Response, Public Works Deputy Director, Assistant/Deputy
City Attorney, Police Lieutenant (Day Watch), Deputy Fire Chief, Public Works
Maintenance Contract Coordinator, CAT Social Worker(s), CAT Police Officer(s), MCU
Social Worker(s), MCU Emergency Medical Technician or Paramedic(s), City Biologist,
and Code Enforcement Supervisor.
Preventing and addressing homelessness requires a whole of community response and it is
important to keep community members (whether vulnerable to, currently experiencing, or
concerned about homelessness) informed with relevant, timely, and accurate information. For this
reason, the City has a Communications Plan to increase public engagement. However, City staff
are commonly asked to respond to public and media inquiries directly. Given the sensitivity of this
topic, staff are advised to direct inquiries as follows:
Field Operations Staff (Police Officers, Rangers, Parks Maintenance Workers) may receive
inquiries from the public about the City’s response to homelessness in the course of their daily
duties. In these instances, staff are encouraged to refer inquiries (especially those pertaining to
policy) to the Homelessness Response Manager.
For general inquiries, please refer to the Public Inquiry Response Templates: Homelessness
document and use as appropriate. If staff has questions about how to respond to such inquiry,
please contact the City’s Communications Manager.
In the past few years, changes in the law and availability of services in our region have evolved.
It can be difficult for staff to stay current on these changes in real time. As such, City staff should
direct media requests on topics related to homelessness to the Communications Manager and/or
Homelessness Response Manager.
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Who maintains the site?
Maintaining public land is a responsibility that falls under several different entities in this region
including City, County, and State organizations. For City owned and managed property and while
implementing these CAMP Standards, it is important to both identify and notify the appropriate
department(s) to respond. This both reduces potential for duplication of effort and simplifies
communication with encampment inhabitants.
Please refer to Addendum A for a table that outlines jurisdictions by land, department, and point
of contact.
Where there is an encampment on both public and private property, it is important to coordinate
with Code Enforcement to ensure the private property owner is made aware of potential Municipal
Code violations resulting from maintenance of an encampment on private property as well
opportunities to collaborate on meeting CAMP Standards while remedying those potential Code
violations. As such, the City Department that has jurisdiction over the affected public property
should fill in the green highlighted section of the Notice to Correct Code Violation(s)/Notice Of
Violation and send it as an attachment to the Notice of Multiple Jurisdiction Encampment email
(see template below).
TO: code@slocity.org
SUBJECT: Urgent: Multiple Jurisdiction Encampment
BODY: The [Department] has identified an encampment at [location] [GIS parcel # if
known]. Please find the Notice to Correct/Notice of Violation with completed [Department]
section attached.
Code Enforcement will conduct a site visit to confirm the violation and, if confirmed, the completed
Notice to Correct Code Violation(s)/Notice of Violation will be issued to the property owner.
Is it abandoned or inhabited?
Given that individuals often leave encampment sites during the day, it can be difficult for City staff
to determine whether a site is currently inhabited or abandoned. The definitions below provide a
general guideline to help staff in making this determination.
When determining if property is abandoned, staff should evaluate the facts and circumstances
surrounding the items. Items are considered abandoned if accompanied by objective indications
of lack of ownership and ongoing use, for example:
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• Cardboard is laid down without any sleeping implements on top.
• Items are strewn about and mixed with trash (empty bottles, used food containers, etc.).
• Items are covered by natural surrounding debris (leaves, dirt, etc.).
• Where Notice of Law Violation and Order to Remove Property has been provided to
remove belongings and no contact has been made by the individual(s) indicating desire
for City to temporarily store personal property and such property is left at site by posted
deadline with no indication individual will be back to retrieve it.
Refer to the City’s Temporary Storage Guidelines when clearing items from the abandoned site.
Staff should evaluate the facts and circumstances surrounding the items to first determine
whether the site is inhabited.
Attended
Encampment inhabitants are present on site, items are considered attended.
Unattended
Encampment inhabitants are not present on site, but items are accompanied by objective signs
of ownership and ongoing use, they are considered unattended (but not abandoned) – for
example:
• Sleeping implements are visible (sleeping bag, tent, blankets/pillows).
• Items are stored in an orderly manner (i.e., packed up, folded, wrapped, or covered).
• Items appear clean of natural surrounding debris (leaves, dirt, etc.).
• Effort has been made to secure items (tied to post, bundled together, etc.).
• Owner has indicated they will return for the property.
• A third-party is present/nearby indicates that the owner will return for the property.
Determine what level the site should be identified as and follow corresponding enforcement and
communications guidelines.
Level 1: Immediate Action Required
The encampment poses an imminent risk to public health, safety, or security, and immediate
action is required.
Level 2: Advance Action Required
The encampment poses a significant, though not imminent, hazard to public health, safety, or
security that cannot be mitigated through procedures outlined under Level 3.
Level 3: Mitigation Required
This encampment does not pose an urgent safety concern but should be continuously monitored
and will require mitigation such as trash collection to improve sanitation.
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The encampment poses an imminent risk to public health, safety, or security, and
immediate action is required. Imminent risk may be due to proximity to critical facilities or
hazardous conditions that threaten the safety of those immediately inhabiting the space
or the surrounding area. If resources do not allow for immediate action best practice is for
staff to post a level 1 notice to inform inhabitants of the need to clear items and leave the
site.
Common examples of “Level 1” scenarios include, but are not limited to:
• Encampments that physically block or encroach into traffic, bike, pedestrian pathways, rail
carrier property/right of way, culverts, or fire lanes
• Within 30 feet of the right of way with no protective barrier, or where there is a blind spot
• On or within 100 ft of an active public construction site
• Encampments that are located under a bridge or within a 30 ft distance of any part of a
bridge structure
• Within 30 ft of an above ground high-pressure gas line
• Within 30 ft of a high voltage structure/facility, or other hazardous facility
• Within 30 ft of a water reservoir or water treatment facility
• Flood Warning – As designated by the Public Works Director
• High Fire Danger– As designated by the Fire Chief
• Encampments that are located in an area that is closed to the public at all times or that
are closed at certain times, and notices of such closure are properly posted at entry points,
including but not limited to:
o City Parks during nighttime closures
o City Parks and other areas that are closed to the public for maintenance or
restoration
o City Open Spaces, including Bianchi, Filipponi, Prefumo Creek, Mathews Open
Spaces, and fenced areas of Bob Jones Trail
Each department’s standard operating procedures may vary but must contain these components:
Secure approval from point of contact responsible for this jurisdiction (see addendum A)
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Log site into Survey 123 app as Level 1 upon first observation.
• Absent extenuating circumstances, responsible City staff should:
o Perform and document verbal outreach with each inhabitant present on site.
▪ Offer individual(s) opportunity to access emergency shelter and other
services through a referral to 40 Prado. If individual(s) accept, document
referral through Survey 123 app per GIS Data Collection Guidelines and,
as time and circumstances allow, advise and/or assist individuals to fill out
the 40 Prado online intake form.
▪ As time or circumstance allows (should not impede immediate action):
Coordinate with City Outreach (CAT/MCU) to conduct site visit.
• If resources do not allow for immediate action, best practice is for staff to post a level 1
notice to inform inhabitants of the need to immediately clear items and leave the site.
• Inform inhabitants of need and reason for immediate clean out.
• Document encampment information in Survey123 app, in accordance with CAMP
Standards, including photographing the contents of encampment prior to removal.
• Follow the City’s Temporary Storage Guidelines.
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The encampment poses a significant, though not immediate, hazard to public health,
safety, or security that cannot be mitigated through procedures outlined under Level 3.
Requires 72-hour notice to implement CAMP Standards in coordination with CAT and/or
MCU and absent extenuating circumstances, shall only be implemented when alternative
shelter is available to those individuals in the encampment who are interested in seeking
services (e.g., family reunification, CalWorks Housing Support, 40 Prado Homeless
Services Center, ECHO, 5Cities Homeless Coalition, THMA, etc.).
Common examples of “Level 2” scenarios include, but are not limited to:
• Encampments adjacent to public roadways or any other areas where an errant vehicle
could enter the encampment.
• Encampments with excessive trash and debris creating potential risks to human life,
safety, and the environment. This may include:
o Accumulation of needles, drug paraphernalia, propane tanks or other fuels, feces,
or other biohazards, especially when located in water ways, storm channels, or in
travel lanes, including the path of bicycles or pedestrians.
o An increase in the presence of rodents, animals, or insect infestations.
• Encampments where previous mitigation attempts have failed (per Level 3 protocol), and
individual(s) have refused to cooperate with timely removal of large or dangerous items.
• Nothing herein shall preclude the immediate cleanup or removal of hazardous or
dangerous materials as necessary to preserve public safety during the notice period (e.g.,
needles, chemicals, combustible materials, etc).
Encampments that are located in an area that has posted hours for public use.
City staff or contractors need to perform routine maintenance, inspection, or other work at or near
the encampment location which, if deferred, could affect service life or function of the facility.
Each department’s standard operating procedures may vary but must contain these components:
Secure approval from point of contact responsible for this jurisdiction (see addendum A).
• Log site into Survey 123 app as Level 2 in real time.
• Prepare and Post Level 2 Notice of Law Violation and Order to Remove Property.
• Schedule City Outreach (CAT/MCU) for site visit to:
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o Make offers to connect to services as appropriate for each individual present on
site.
o Log types of services and to whom they were referred in Survey 123 app.
• Perform and document verbal outreach with each inhabitant present on site.
o Offer individual(s) opportunity to access emergency shelter and other services
through a referral to 40 Prado Homeless Services Center.
o Document referral in Survey 123 app, per GIS Data Collection Guidelines.
o If accepted, advise and/or assist the individual to initiate referral process via 40
Prado online intake form (form can also be filled out in person if transport is
requested)
▪ If individual accepts the opportunity to access shelter but no shelter is
available, staff should advise inhabitant that they will still be required to
temporarily relocate to Public Property not currently subject to clean-out
during the clean-out period to allow staff and/or contractors to clean the
area and coordinate access to shelter or alternative accommodations
through 40 Prado or other appropriate housing or shelter provider
Follow the City’s Temporary Storage Guidelines.
• If the owner is cooperative but unable to collect and move their property, staff may exercise
discretion through the following:
o Collect and store personal items in accordance with the Temporary Storage
Guidelines.
o Grant additional time to collect and move property taking into account any special
needs expressed to City staff by individuals present, and the volume of property
over which an individual asserts ownership.
• If the owner is uncooperative and unwilling to collect and move their property, staff are
advised to:
o Call the Police Department for enforcement assistance.
▪ The owner’s refusal to remove items may be considered disorderly conduct
and presence on the property may be considered trespass or violation of
otherwise applicable provisions of the City’s Municipal Code subject to
enforcement.
▪ Throughout this process the individual remains free to leave with or without
removing their items from the property unless otherwise arrested or
detained.
o Collect and store any remaining personal items in accordance with the Temporary
Storage Guidelines.
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This encampment does not pose an urgent safety concern but should be continuously
monitored and will require mitigation such as trash collection to improve sanitation.
During periods when local emergency shelters are closed to new intake, Level 2 Advanced
Action automatically default to Level 3 Mitigation Required.
Level 3 Mitigation Required may be implemented at the discretion of city staff as they
encounter encampments that do not meet the standard of a Level 1 or 2.
Common examples of “Level 3” scenarios include, but are not limited to, sites where encampment
inhabitants are making a diligent effort to:
• Obtain access to services including ID procurement, shelter accommodation, and case
management.
• Maintain a clean encampment site through
o Attempts to contain/organize items.
o Trash collection or demonstrated cooperation with collecting/disposing of trash
when provided with resources (trash bags and information on closest disposal
location).
• A Level 3 encampment may escalate to a Level 2 under two circumstances:
o There are large or numerous encampments located in the same vicinity.
▪ This poses significant safety and sanitation concerns as densely populated
encampment sites result in higher fire risk, and present issues related to
human waste/refuse, and/or
o City Outreach (CAT/MCU) has conducted multiple site visits to offer services and
engage in mitigation efforts, where encampment inhabitants refused to cooperate.
• If escalation is necessary during a period when shelters are closed to new intake ,
Department Director that has jurisdiction per Addendum A, must send a Notice of Level 3
Escalation (templated below).
Each department’s standard operating procedures may vary but must contain these components:
None required. Level 3 Mitigation Action can be implemented immediately per City staff discretion.
• Log Site in Survey 123 app in real time.
• Send Notice of Level 3 Escalation if/when escalation to Level 2 occurs while shelters are
closed to new intake.
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• Perform and document verbal outreach with each inhabitant present on site.
o Offer individual(s) opportunity to access emergency shelter and other services
through a referral to 40 Prado Homeless Services Center.
o If individual(s) accept, make referral via Survey 123 app per GIS Data Collection
Guidelines.
• Schedule City Outreach Team (CAT/MCU) for site visit to:
o Offer to connect to services as appropriate for each individual present on site.
o Log types of services referred in Survey 123 app.
• Monitor closely and repeat assessments as needed. Allow encampments to remain for the
time being while City Outreach Team (CAT/MCU) works on relocation solutions.
• Advise encampment inhabitants on items to keep/store/remove per City’s Temporary
Storage Guidelines.
• Provide trash bags and instruct individual(s) on where trash should be placed for proper
disposal (i.e., nearby dumpster, or location where collection will be scheduled).
• If individual(s) refuse to remove items after being given adequate time to collect and move
property considering any special needs expressed to City staff by individuals present, and
the volume of property over which an individual asserts ownership.
o Cite for remaining items as appropriate:
▪ PC§374.4 (a) and/or
▪ Creeks: MC§12.23.030(h)
▪ Open Space: MC§12.22.050 (L)
▪ Parks: MC§12.04.020
To be sent by either Public Works or Parks and Recreation Department Director if/when shelter
services are closed to new intake and a Level 3 encampment meets the standard of escalation to
a Level 2.
TO: SC_Homelessness; TS_Homelessness
SUBJECT: Level 3 Escalation [location]
BODY: Since [date] [Department] staff identified [#] encampment[s] located at [location]
and worked with inhabitants per Level 3 Abatement CAMP Standards. However,
[increased occupancy of the site] AND/OR [repeated failed mitigation attempts] have/has
caused an escalation to Level 2 Standard Action.
Plan for Level 2 Escalation:
• Where will inhabitants be permitted to stay during clean out?
• Where will inhabitants be permitted to stay after cleanout? (i.e. return to site ,
temporarily permitted to stay at different location, etc.)
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PUBLIC PROPERTY
Department Location Point of Contact
City of SLO
Public Works
City owned parks, bridges,
streets, sidewalks, culverts,
and storm drains.
Maintenance Contract Coordinator or any
designee of the Public Works Deputy
Director
City of SLO
Public Works
Areas adjacent to the railroad
tracks based on the current
agreement with Union Pacific
Railroad
Maintenance Contract Coordinator or any
designee of the Public Works Deputy
Director
City of SLO
Parks and
Recreation
City owned open spaces (which
includes portions of the San
Luis Obispo riparian corridor).
Ranger Supervisor or any designee of
the Parks and Recreation Director
Caltrans (not
City of SLO
jurisdiction)
Highways, on/off ramps, and
State right-of-way (ex: Prado
Triangle).
Caltrans
Use one of the following to notify Caltrans
of encampment on Caltrans property:
• Call the District 5 dedicated line at
(805) 441-5712
• Fill out a customer service request
online at https://csr.dot.ca.gov/
• Download the mobile app “CT
Service” to make a report from
your phone.
PRIVATE PROPERTY WITHIN CITY LIMITS
Department Location Point of Contact
Police Inhabited encampment on
private property without
permission of the property
owner. Trespass (P.C. 602)
Internal Contact:
SLOPD Watch Commander
(805) 781-7312
External Contact:
911 or Non-Emergency Dispatch
Community
Development
Inhabited and/or uninhabited
encampment on private
property that is not in
compliance with City Municipal
Code. Includes instances of
private property owner
permitting on-site camping.
Code Enforcement Supervisor
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MULTIPLE JURISDICTIONS
It is the responsibility of the Contacts listed for each Department to coordinate with each
other when addressing encampments that are located across multiple parcels that are
subject to multiple jurisdictions.
Departments Location Point of Contact
Parks &
Recreation
AND
Public Works
Bike paths/bridges within or
immediately next to City owned
open space
Ex: Prado Bridge/bike path and
BJBT
Ranger Supervisor or any designee of
the Parks and Recreation Director
AND
Maintenance Contract Coordinator or
any designee of the Public Works Deputy
Director
Parks &
Recreation
AND
Community
Development
City Owned Open Space
AND
Private Property
EX: LOVR/Strawberry Fields
Ranger Supervisor or any designee of
the Parks and Recreation Director
AND
Code Enforcement Supervisor
Public Works
AND
Community
Development
City owned parks, bridges,
streets, sidewalks, culverts, and
storm drains.
AND
Private Property
Ex: Santa Rosa Park &
Commercial Property
Maintenance Contract Coordinator or
any designee of the Public Works Deputy
Director
AND
Code Enforcement Supervisor
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EXHIBIT B
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Last Updated: 1/1/24 Temporary Storage Guidelines V.3
This document shall serve as guidance and direction for the City of San Luis Obispo as to
standard protocol (absent special circumstances) when removing personal items from public
property for temporary storage and retrieval. This guidance applies to relevant activities
performed by Public Works and Ranger Service staff when they are working on City property.
Information is summarized in the Storage Quick Reference Guide for City staff convenience.
Refer to the City’s Compassionate Assistance, Mitigation, Prevention (CAMP) Standards for
guidance on how to conduct an encampment site assessment to determine jurisdiction, as well
as whether a site is abandoned or inhabited. Once you have completed the site assessment,
please follow the appropriate procedure below.
If a property is determined to be abandoned (see CAMP standards), the following guidelines
should be observed if storing any abandoned items.
City staff are not required by law to store items that are reasonably considered to be
abandoned. However, the City recognizes that possession of ID, official documents, and
prescriptions may significantly impact an individual(s) ability to seek/receive assistance. In
instances where these items are reasonably believed to be abandoned but are nonetheless
visible (i.e., do not require sorting through property to discover), the City adopts a policy of
compassionate assistance and requires staff to temporarily store these personal items.
Where ID, official documents, or prescriptions have been removed and stored from
encampments reasonably believed to be abandoned, City staff shall notify the Directors of 40
Prado Homeless Services Center, El Camino Homeless Organization, and 5 Cities Homeless
Coalition using the following template:
TO: CoC_Homelessness
SUBJECT: Abandoned Items
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BODY: The City of San Luis Obispo has recovered [ID, official documents, prescriptions,]
belonging to [Name] from an abandoned encampment site on [date].
If this individual is in your care, please advise them that to reclaim these items, they must
contact SLO City [Parks & Recreation at: (805)781-7302] OR [Public Works at: (805)781-7220]
to schedule an appointment.
The deadline to claim personal belongings is [date +90 days]. Any items that are not claimed by
the deadline will be disposed of without further notice.
If a property is determined to be inhabited (see CAMP standards), the following guidelines
should be followed if storing any abandoned items.
1. Advise encampment inhabitants of items they should keep with them if at all possible:
a. ID, Documents, Prescriptions, Cell Phone/Charger, Clothing, Sleeping Bag,
Tools of a Trade (toolbox, art supplies, etc.)
2. Notify encampment inhabitants of Items That Will Be Discarded, Not Stored per this
guidance.
a. Items that are combustible, chemical, wet, soiled, sharp, dismantled, perishable,
or trash including recycling will be discarded.
3. Ask the owner to identify what, if any, items they need stored.
a. Refer to CAMP Standards for guidance on how to address cooperative vs.
uncooperative/unwilling encampment inhabitants.
4. Inform encampment inhabitants that all closed containers they are requesting to have
stored will be searched to determine whether contents meet storage guidelines. Any
closed containers that inhabitant does not permit staff to search will be discarded, unless
inhabitant chooses to take the items with them.
5. Provide owner with a Property Storage and Retrieval Information document before the
owner leaves the site, stating the contact information and deadline for retrieving stored
personal belongings.
6. Follow Procedure for Collecting and Storing Items below.
7. NOTE: Staff may discard any attended items the owner affirmatively states that they do
not want, or any items listed under “Items That Will Be Discarded” (below).
1. Staff must temporarily store personal property in an inhabited, but unattended,
encampment unless it falls into one of the categories listed under “Items That Will Be
Discarded, Not Stored.”
2. Staff have permission to search closed containers with the intent of determining whether
contents meet storage guidelines and or contain life sustaining items. If contents do not
meet storage guidelines, staff can dispose of the container and all contents that are not
life sustaining items.
DocuSign Envelope ID: 61224B32-1C85-4F1A-A47C-91C3153E49DE
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3. Where unattended property has been removed and stored:
a. City staff shall fill out a Property Receipt listing items to be stored, the deadline
by which items must be claimed, and contact info to schedule an appointment to
claim items.
b. Such notice shall be posted, as practical, in an open and obvious location where
the property was removed.
4. Dispose of all items that are: illicit, chemical, soiled, broken, dismantled, scrap,
perishable, trash/recycling in accordance to guidance under Items That Will Be
Discarded, Not Stored.
NOTE: Under no circumstances may staff take or keep for themselves unattended or
abandoned personal items for their own use or allow non-City personnel to take such property
for their own use.
Items that present a health or safety risk to staff engaged in collection and storage will be
discarded if not immediately removed by the property owner.
A. Contraband: Consult with the San Luis Obispo Police Department for assistance in
distinguishing contraband items from personal property subject to storage or evidence to
be processed and retained by SLOPD.
B. Chemical: propane, combustible/flammable liquids (including alcohol), bleach, paint, oils,
lead-acid batteries, etc.
C. Wet or soiled by infectious materials: human waste, body fluids, mold, mildew.
D. Broken/Dismantled/Scrap: for instance, bike parts, nuts/bolts, wires, etc.
E. Sharp: needles, knives, or any other materials with sharp edges that can pose a danger
to staff in the process of carrying out storage.
F. Perishable: Food items
G. Reasonably believed to be trash (including recycling): Items that appear to have been
discarded by their owner, such as broken appliances or broken furniture.
NOTE: Shopping carts are not subject to this policy and will be presumed to be the property of
the business identified by markings on the cart. However, personal property inside a shopping
cart shall be stored in accordance with this policy.
The following includes procedures for disposing of co-mingled items or hazardous materials.
If personal property is co-mingled or littered with needles, human waste, or other health risks,
staff may dispose of the entire pile of property and are not required to sort through and attempt
to remove the health or safety risks.
DocuSign Envelope ID: 61224B32-1C85-4F1A-A47C-91C3153E49DE
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A hazardous material is defined as any substance or material that could adversely affect the
safety of the public, handlers, or carriers during transportation.
1. Sharps
a. Staff shall wear and use protective equipment including gloves, tongs, and
sharps containers to safely and appropriately discard sharps found at
encampment sites.
2. Other Hazardous Materials
For guidance on how to properly dispose of larger quantities of hazardous material (ex: 1gal
propane) please contact the City’s Hazardous Materials Coordinator, Maddy Bliss
(mbliss@slocity.org).
City staff is required to wear appropriate protective equipment (i.e., puncture resistant boots,
safety vest if close to traffic, body camera when possible), and follow the specific department’s
policies for safe practices for field and yard operations.
1. City staff documents collection of personal items by completing a Property Receipt with
the following information:
a. Location
i. Street address
ii. Cross street/intersection
iii. Approx. Distance to landmark
b. Date: MM/DD/YY
c. Item Quantity and General Description; Example: 1 black backpack, 3 books, 1
red sweatshirt
d. Posting ID (generated by GIS app)
e. Deadline To Claim Personal Belongings
i. Day and Date that is 90 days from date of posting
ii. Where 90 days lands on a weekend round up to the next available
weekday to ensure staff availability.
iii. Consider regular working hours and access to public
transportation/storage facilities.
2. Original copies of completed Property Receipts are kept with either Ranger Service or
Public Works Supervisors.
3. Carbon copies are left according to site status:
a. Inhabited Attended: If owner of items is present but is unable or unwilling to move
their property themselves, City staff will provide them with a carbon copy of the
completed Property Receipt for any items collected and stored.
b. Inhabited Unattended: Except as otherwise provided herein, if the owner is not
present (i.e., items are unattended), staff will place a completed Property Receipt
in the area from which the items are removed.
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1. City staff delivers the items and the Property Receipt form to a designated and secure
City facility.
2. Staff will intake items for storage through the following procedure:
3. Place items in storage bin and place copy of Notice to Remove Property or Property
Receipt on top of items inside the bin.
• Personal items are stored at a designated and secure City facility. After 90 days,
unclaimed items are discarded without further notice.
• Owners are responsible for calling the department listed on their Property Receipt in
order to arrange an appointment to collect items.
a. Individuals may access phones free of charge at 40 Prado Homeless Services
Center
• If an individual is detained due to arrest, hospitalization, or other unforeseen
circumstances, they may request an extension of the 90-day storage deadline for up to
an additional 90 days. Requests can be submitted via a phone call or written request to
the department listed on their Property Receipt or Property Retrieval Information
document. Verification of detainment may be required.
a. The City does not have the storage capacity to retain personal property
indefinitely. If an individual knows they are going to be detained for an extended
period of time, they may authorize, in a written request to the City, another
individual to retrieve their personal property. This authorized individual should be
able to 1) identify (by name) the owner of the personal property, and 2) describe
with reasonable accuracy the content of the stored personal property. The City
will not store personal property beyond 180 days. If the detained owner or the
authorized individual does not retrieve the personal property within 180 days of
storage, the City will discard the personal property.
• Owners must provide satisfactory proof of ownership, i.e., describing the location where
the items were and when collected, or describing specific items that were collected.
• No government or photo identification is required.
• City staff will regularly itemize and organize stored items.
a. After 90 days, unclaimed items are discarded. City staff will record the date of
disposal.
b. Intake form is updated to note that the items went unclaimed.
DocuSign Envelope ID: 61224B32-1C85-4F1A-A47C-91C3153E49DE
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City of San Luis Obispo [Department]
PROPERTY RECEIPT
The City of San Luis Obispo (“the City”) [Department] has collected the following
items from [location] ____________________________________ on
[date]_____________ and will store items that meet the City’s Temporary
Storage Guidelines for 90 days.
Quantity General Description (color, size, condition, etc.)
To collect these items, you must schedule an appointment by calling the City
[Department] at: [phone number] before the deadline below:
DEADLINE TO CLAIM PERSONAL BELONGINGS
Date:
Please see the back of this notice for instructions on how to claim personal
belongings that have been stored.
DocuSign Envelope ID: 61224B32-1C85-4F1A-A47C-91C3153E49DE
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City of San Luis Obispo [Department]
PROPERTY RECEIPT
If you do not have a phone, you may access one free of charge at 40 Prado
Homeless Services Center located at 40 Prado Road, San Luis Obispo,
CA, 93401.
You must provide a detailed and accurate description of the items to prove
that they are your personal belongings. This document alone does not
constitute proof of ownership.
Any items that are not claimed by the deadline will be considered
abandoned and will be disposed of without further notice.
Note: If you are detained due to arrest, hospitalization, or other unforeseen
circumstances, you may request an extension of the 90-day storage deadline
for up to an additional 90 days. Requests can be submitted via a phone call
to the department listed above or a written request, which can be mailed to
the address listed below:
City of San Luis Obispo Public Works Department
Attn: Maintenance Contract Supervisor
25 Prado Road
San Luis Obispo, CA 93401
OR
City of San Luis Obispo Parks & Recreation Department
Attn: Ranger Service
1341 Nipomo Street
San Luis Obispo, CA 93401
DocuSign Envelope ID: 61224B32-1C85-4F1A-A47C-91C3153E49DE
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STATUS DEFINITION STORE/DISPOSE/DOCUMENT
Ab
a
n
d
o
n
e
d
Items are abandoned if accompanied by
objective indications of lack of ownership and
ongoing use:
• No sleeping implements on site
• Items are strewn across area and mixed
with trash
• Items are covered by natural
surrounding debris (leaves, dirt, etc.)
1) Where visible, store:
• Identification
• Official documents
• Prescriptions
2) Dispose of all other items on site.
3) Email notification to CoC
In
h
a
b
i
t
e
d
UNATTENDED: Encampment features objective
signs of ownership and ongoing use:
• Sleeping implements are visible
(sleeping bag, tent, blankets/pillows)
• Items are neatly folded and/or piled
• Items appear clean of natural
surrounding debris (leaves, dirt, etc.)
• Effort has been made to secure items
(tied to post, bundled together, etc.)
• Owner or third party indicates owner
will return for personal property,
1) Store life sustaining items including:
• ID
• Official documents
• Prescriptions
• Cell phone/charger
• Clean Clothing
• Clean Sleeping bag
• Work tools
2) Fill out Property Receipt and place
carbon copy on site.
3) Dispose of all items that are: illicit,
chemical, soiled, broken, dismantled,
scrap, perishable, and/or
trash/recycling.
ATTENDED: Individual is on site and claims
ownership over items in the immediate vicinity.
1) Inform individual(s) of items they
should keep with them:
• ID
• Official documents
• Prescriptions
• Cell phone/charger
• Clean Clothing
• Clean Sleeping bag
• Work tools
2) Notify individual(s) of storage
restrictions:
Cannot be illicit, sharp, chemical,
soiled, broken, dismantled, scrap,
perishable, and/or trash/recycling.
3) Ask what, if any, items individual(s)
want to have stored before they vacate
the site and provide them with a
Property Storage & Retrieval
Information document
4) Fill out Property Receipt and leave
carbon copy on site.
5) Dispose of remaining items.
DocuSign Envelope ID: 61224B32-1C85-4F1A-A47C-91C3153E49DE
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DocuSign Envelope ID: 61224B32-1C85-4F1A-A47C-91C3153E49DE