The purpose of this chapter is to provide for the orderly regulation of service providers in order to adequately protect and promote the health, safety and general welfare of the community.
(Ord. 5135 § 3, 2023)
The following definitions apply to this chapter:
Words or terms not otherwise defined in section 5.04.020 shall have the meanings as set forth below.
means any transitional, emergency, or temporary housing and serves as a bridge before placement into permanent housing.
means assisting individuals to access emergency, transitional, and longterm housing, crisis hotlines, medical and legal advocacy, and other services to survivors of domestic violence, dating violence, sexual violence, and stalking.
means assisting individuals in need of housing, including but not limited to help with housing search; identification of an individual's housing barriers; guidance and advocacy to overcome those barriers; information and referral to community resources to address concerns related to housing (employment and training, mainstream benefits, etc.), developing a housing plan, and assistance in filling out housing applications.
means the placement of individuals into bridge or permanent housing solution.
means supportive actions that connect homeless individuals with diversion, treatment for substance abuse, mental health, or healthcare services.
means efforts to help identify, screen and refer individuals that are experiencing homelessness or who are at risk of homelessness to critical services, emergency shelter, temporary or permanent housing solutions.
means a person receiving outreach services, housing navigation, domestic violence services, rapid rehousing, housing placement, or other support services from a service provider.
means providing immediate rental assistance and services to individuals experiencing literal homelessness.
means an agency or organization that provides outreach services, housing navigation, domestic violence services, rapid rehousing, housing placement, housing retention and other support services for individuals experiencing homelessness or who are at risk of homelessness.
means a person or individual working or volunteering on behalf of a service provider.
means a revised sexual risk offender tool that is the commonly used empirical-actuarial risk scale for male sexual offenders (both parolees and probationers) and likelihood of sexual recidivism; is recognized by the State of California, which has mandated the use of Static-99R when judges sentence sex offenders; and rates sex offenders by scores associated with each sex offender, on a scale ranging from -3 to 1 (low) to 6 to 12 (high).
(Ord. 5135 § 3, 2023)
A.
It shall be unlawful for any person to act as a service provider without first obtaining and maintaining a valid special operation license pursuant to this chapter.
B.
No person shall engage in or carry on as a service provider in the city without first having applied for and secured a license pursuant to Chapter 5.16, paid license taxes as specified in Chapters 5.04 and 5.08, and complied with all regulations pertaining to such business provided in this code and all applicable state or federal regulations.
C.
Nothing in this chapter shall be construed to grant any person obtaining and maintaining a special operation license any status or right other than the right to act as a service provider in the city.
(Ord. 5135 § 3, 2023)
Application for a special operation license shall be submitted in the name of each service provider proposing to conduct outreach services as defined in section 5.22.020 and shall be signed by an authorized agent thereof. It is the responsibility of each service provider to be informed of the laws affecting the issuance of a special operation license. A license that is issued in error or on the basis of false or misleading information supplied by a service provider may be revoked pursuant to section 5.16.090 of this title. All applications shall be submitted on a form supplied by the department and shall contain the following information:
A.
The name, address, and contact information of the service provider, including local contact information.
B.
The name of agencies, organizations, or governments for which the service provider is under contract to provide services.
C.
A copy of any contract or agreement with the agency, organization or government, including the scope of work and services being provided.
D.
The name(s) and address(es) of all emergency shelter, bridge, temporary, and permanent housing locations where individuals will be placed provided, however, that the location of emergency shelters, bridge, temporary, and permanent housing in which victims of domestic violence are being served shall be listed on a separate sheet, submitted to the city along with the application in a sealed envelope marked "Confidential – DV Housing," to be opened only at the direction of the city manager, and only for the purpose of investigations to consider approval of the application or (if approved) enforce compliance with this chapter.
E.
A discharge/transportation plan for all participants of service provider programs.
(Ord. 5135 § 3, 2023)
A.
The intent and purpose of this section is to impose a regulatory fee upon all service providers pursuant to this chapter. This fee shall provide for the enforcement and regulation of the operational conditions, performance standards and other applicable regulations set forth in this chapter.
B.
The annual regulatory fee shall be established by resolution of the city council. The fee shall be calculated so as to recover the total cost of both administration and enforcement of the operational conditions, performance standards and other applicable regulations set forth under this chapter, including, for example, administering the program, ensuring compliance with regulations, but shall not exceed the cost of the total program. All fees shall be used to fund the program. Fees are nonrefundable except as may be required by law.
(Ord. 5135 § 3, 2023)
All service provider activities shall conform to all of the following operational standards:
A.
That activities do not result in adverse effects to the health, peace or safety of persons residing or working in the surrounding area.
B.
That activities do not jeopardize or endanger the public health or safety of persons residing or working in the surrounding area.
C.
That service provider placement activities include a criminal background check completed for each participant placed within the city.
D.
That not less than 48 hours prior to placing any participant who is a registered sex offender with a Static-99R score of 4 or greater (i.e., Moderate-High to High) the service provider will notify the El Cajon Police Department of the proposed placement by calling (619) 579-3311 and identifying where the participant will be housed or accommodated, but shall not identify the participant, or his Static-99R score, unless otherwise allowed by law.
E.
That service provider personnel shall accompany participants to any placement location.
F.
That service providers will have a discharge and transportation plan that, among other things, does not discharge or allow the discharge of participants into homelessness. This plan must be submitted as part of the special operation license application and be approved by the city as part of the review and approval process of the license.
(Ord. 5135 § 3, 2023)
Each service provider operating within the city shall report monthly on the effectiveness of their efforts by providing the following information:
A.
Number of individual participants served (individual participant is a person).
B.
The address of each shelter, temporary housing, bridge housing, or permanent housing location used to place a participant, including the date of entry.
C.
The location where the participant was most recently homeless prior to being placed in El Cajon.
D.
Number of new, existing, and discharged participants.
E.
Number of participants discharged or transported to another service provider.
F.
The average daily rate paid for the housing of each participant.
(Ord. 5135 § 3, 2023)
Any person violating any of the provisions of this chapter, or knowingly or intentionally misrepresenting to any officer or employee of this city any material fact in procuring the license provided for in this chapter, are subject to the provisions of the general penalty clause as set forth in section 1.24.010 of this code.
(Ord. 5135 § 3, 2023)
Any service provider which is established or maintained in violation of this chapter is deemed to be a public nuisance and may be abated in accordance with Chapter 1.16 of this code.
(Ord. 5135 § 3, 2023)