Carlsbad demands tighter security for two-year-old, low-income housing project with some mentally ill tenants

San Diego Union-Tribune - 3/13/2024

Additional security, more case management services, and an improved program to monitor guests should be added to the Windsor Pointe low-income housing project, Carlsbad City Council members said Tuesday.

Crime, drugs, public disturbances and other problems reported at Windsor Pointe's two downtown Barrio locations have ignited concerns among many neighborhood residents, and some want the facilities closed or moved. The City Council heard a report on the situation Tuesday and agreed to request changes.

Part of the problem is that when the City Council first approved the project in 2017 it was to be only for low-income and homeless veterans, said Mayor Keith Blackburn. Later, in 2020, the developer, Affirmed Housing, secured a $10 million, zero-interest construction loan from San Diego County's No Place Like Home program that required the project to include housing for people with severe mental illness.

"We needed this project because we wanted to make sure that the homeless veterans who had things like PTSD were in one location for the services that they needed," Blackburn said Tuesday. "Somehow through the years it morphed ... into something that, had I known it was going to be this, I would have absolutely voted no."

Former Councilmember Mark Packard led off about 30 speakers, most of whom said the housing should be closed. Packard, who was the only member to vote against the project when he was on the council in 2017, said the city now has two options.

"One option would be for the council to declare it a public nuisance and order it to be abated ... and there's different ways that can be accomplished," Packard said. "Another alternative would be to find that Windsor Pointe is in violation of the lease, and then the council has the authority to terminate the lease."

The council voted unanimously in a closed session before the regular meeting to engage outside counsel to represent the city on Windsor Pointe matters, said City Attorney Cindie McMahon.

"There are many impediments to being able to declare the property a nuisance," McMahon said later during the open session discussion.

"The first is that under state law nothing that is expressly authorized by state statute can be declared a nuisance," she said. "This type of housing for this type of population is expressly authorized by statute. It's in the health and safety code.

"Also, as of Jan. 1 this year, state law prohibits an actual or threatened nuisance action solely as a consequence of contacting the police department," McMahon said. "There is also an agreement between the city and the county, as part of this development, that prohibits the city from taking any action to eliminate or remove the No Place Like Home program restrictions without the county's consent. The county also may require approval from the state Housing and Community Development Department to remove the restrictions.

"Targeting a project because it houses tenants with disabilities would violate fair housing laws," she said. "It would also violate the disabled tenants' civil rights. The project is subject to a county regulatory agreement which requires 24 of the units to be utilized for No Place Like Home tenants for 55 years. This agreement runs with the land and applies regardless of who owns the property."

San Diego County Supervisor Terra Lawson-Remer could not be present Tuesday because she was at a supervisors meeting, said Jeffrey Yuen, her senior policy adviser, who represented her.

"Supervisor Lawson-Remer is very concerned," Yuen said. "Safety and security is a big deal, and we need to take it seriously."

Lawson-Remer has met with concerned residents, Affirmed officials, and city and police officials, Yuen said, and she has recommended hiring an additional security guard.

"We are working with our county team to ensure the right level of care is delivered to residents," Yuen said. "In response to community concerns, earlier this year we increased case management services for residents to five days a week and added a clinician to the client-support team."

It's important to note that while people can be referred for additional support services, no one can be required to accept the services, he said.

Windsor Pointe opened in spring 2022 with 50 apartments for low-income households in two separate buildings several blocks apart on Oak and Harding streets, just west of Interstate 5.

Since the buildings opened, the Police Department has had 762 calls for service there, including calls from Windsor Pointe residents, neighbors, police patrols, follow-up visits and 911 hang-ups, according to Police Chief Mickey Williams.

Despite the number of calls, overall crime in the neighborhood has not increased from before the apartments opened in 2021, Williams said. Crimes reported at the complex include one attempted murder and one sexual assault of a child, both committed by visitors, he said.

"There hasn't been a significant spillover of criminal activity into the community around Windsor Pointe," Williams said. "What we are addressing and trying to improve is how often we actually have to go to provide police services."

About 44 percent of all calls were related to mental health, he said. Only 2.5 percent of the calls resulted in an arrest, and almost half of the arrests were guests. Over half of calls for service, or 53 percent, came from just seven apartments and nearly one-third, or 29 percent, came from one resident, he said.

"Oftentimes, police are going to Windsor Pointe for situations that don't require a police officer," Williams said. "There is a great opportunity here for us to resolve many of these issues ... without sending the police."

Police also are recommending a better policy for the property management to check in and check out guests that would make the guests more accountable for their behavior, he said.

Jonathan Taylor, Affirmed Housing's vice president of asset management, said the company has been working hard on solutions and that it endorses the city's report.

Asked whether he would address the council's requests, he said the company is working "within the means available" to amend its agreement with the city and the county.

"I don't want to make a promise that has not been vetted and verified by all parties," Taylor said, adding that he will know more about possible changes in two weeks.

Mandy Mills, the city's director of housing and neighborhood services, said the city is working with police, the county, Affirmed and others to address the community's concerns.

"This project has already started to make a difference for some very vulnerable people," Mills said. "Many of the residents who are living there are doing great and are not the concern for the Police Department."

She gave examples of six people living there who had improved their situation by using the assistance programs available, increasing their education or obtaining new jobs.

This story originally appeared in San Diego Union-Tribune.