ATTACHMENT 1 - 1
RESOLUTION NO. _______
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BURBANK DECLARING A SHELTER CRISIS APPROVING
THE SUBMISSION OF A DECLARATION OF A SHELTER
CRISIS PURSUANT TO SB 85 0 (CHAPTER 48, STATU TES
OF 2018 AND GOVERNMENT CODES §8698.1, §8698.2, and
§8698.4) TO THE LOS ANGELES CONTINUUM OF CARE.
THE COUNCIL OF THE CITY OF BURBANK FINDS:
A. City of Burbank (City) is faced with an unsheltered homeless persons crisis which poses an acute, clear and imminent threat to the health and safety of all people experiencing homelessness (PEH), including those residing in the City.
B. Unsheltered PEH experience disproportionately high rates of poor overall health; they often do not receive treatment for their physical and mental health symptoms; they are more likely to become victims of crime and exploitation; and they face an increased risk of premature death.
C. In June 2023, the Los Angeles Homeless Services Authority (LAHSA) released their results of a Point-In-Time Count (PIT Count). It found that on any given night, there are 252 homeless within the City of Burbank.
D. The 2023 Point-in-Time count for Los Angeles County increased by 9% from the prior year to an estimated 75,518 persons that includes more than 46,000 homeless living within the City of Los Angeles.
E. Homelessness knows no jurisdictional lines and the City abuts both the City and County of Los Angeles.
F. On January 10, 2023, the Los Angeles County Board of Supervisors voted to proclaim a local emergency for homelessness and the State of California’s COVID-19 State of Emergency, which provided resources to keep many Californians from falling into homelessness, which ended in February 2023.
G. In response to the homelessness crisis that has affected Los Angeles County, the City and its governmental and non-governmental partners have taken many critical steps toward combatting and preventing homelessness.
H. The City contributes between $9 to $11M each year toward Measure H, the Los Angeles County quarter cent sales tax to fund homeless services and prevention. The City is part of Los Angeles Housing Service Authority’s (LASHA) ATTACHMENT 1 - 2
Continuum of Care for homelessness services and is reliant and dependent on Los Angeles County for countywide welfare and social services such as mental health and drug rehabilitation.
I. The homelessness crisis has had unacceptable consequences for persons in the Los Angeles County region, including deaths due to homelessness and living on the street and unsheltered PEH lack adequate sanitary facilities and are at risk of theft, crime, and extreme weather conditions.
Within the last year, the City has had four deaths of unsheltered individuals.
J. The City has issued all 67 Federal Emergency Housing Vouchers (EHV) to qualified homeless and is not expecting to receive a new allocation.
K. Many COVID operational shelters have implemented Catchment Zones that reduced the areas from which they will accept homeless persons and the City does not currently reside in a catchment zone.
L. The City provided Council with a Five-Year Homelessness Plan (2022- 2027) that was approved in November 2022.
M. The City is currently working on proposed homeless projects that may include 323-333 N. Front Street, 2244 Buena Vista and a city-owned lot at the corner of Lincoln and San Fernando, commonly called “Lincoln Yard.”
N. Given the complexity and magnitude of the homelessness crisis and the limited supply of affordable permanent housing in the City, there continues to be a significant and immediate need for interim housing in the City, including emergency shelter, to protect the life, health, and safety of PEH in the City.
O. Under Government Code Section 8698 et seq., Council may find that a significant number of persons in the City are without the ability to obtain shelter, which results in a threat to their health and safety. In making such a finding, the City may declare that a shelter crisis exists. Upon the declaration of a shelter crisis, the City is empowered to take steps to mitigate the crisis. In particular, the City may designate certain of its public facilities to be used as homeless shelters during the crisis, which would mitigate the emergency.
P. Strict compliance with the provisions of state and local regulatory statutes, regulations, and ordinances prescribing standards of housing, health, safety, and environmental impact assessment may prevent, hinder, or delay the mitigation of the effects of the shelter crisis.
ATTACHMENT 1 - 3
THE CITY COUNCIL OF THE CITY OF BURBANK RESOLVES:
1. Adopts the recitals above as findings and determinations.
2. A Shelter Crisis pursuant to California Government Code Title 2, Division 1, Chapter 7.8 including in particular sections 8698, 8698.1, and 8698.2 exists in the City of Burbank. The effective period of the Shelter Crisis shall begin on January 12, 2024, and shall end on January 1, 2026.
3. Approves the City’s participation in the Homeless Emergency Aid Program.
4. Appoints the City Manager, and/or his designee, the Community Development Department Director, to conduct all negotiations, execute and submit all documents including, to agreement, payment requests and so on, which may be necessary for the completion of the aforementioned projects.
5. Finds that as a result of the Council’s Shelter Crisis declaration, pursuant to Government Code Section 8698.1, any state or local regulatory statute, regulation, or ordinance prescribing standards of housing, health, or safety are hereby suspended for qualifying City public facilities serving as homeless shelters to the extent that strict compliance therewith would prevent, hinder or delay the City’s efforts to mitigate the effects of the shelter crisis.
6. Authorizes pursuant to Government Code section 8698.1(b), alternative minimal health and safety standards for qualifying facilities to be operative during the housing emergency.
7. Finds that, pursuant to Government Code Section 8698.4, provisions of any housing, health, habitability, planning and zoning, or safety standards, procedures, or laws are hereby suspended for City homeless shelters insofar as the City has adopted the emergency housing provisions of the Los Angeles County Building Code in Appendix P, consistent with ensuring minimal public health and safety and the requirements of Government Code Section 8698.4
8. Direct the City Manager, or his designee including the Community Development Department Manager and/or designee, to take all appropriate steps to ensure compliance with the provisions of Government Code Section 8698.4, including but not limited to: (a) ensuring compliance with minimal public health and safety standards; (b) filing a copy of the City’s emergency housing provisions with the Department of Housing and Community Development upon adoption of an ordinance subject to Government Section 8698.4; (c) developing a plan (as described in Government Code Section 8698.4) to address the shelter crisis on or before July 1, 2024; and (d) filing an annual report by January 1 of each year ATTACHMENT 1 - 4
to the Senate Committee on Housing and the Assembly Committee on Housing and Community Development.
9. Authorizes the City Manager, or his designee including the Community Development Department Manager and/or designee, to take any other actions consistent with and/or necessary for the implementation of this shelter crisis declaration and foregoing actions.
APPROVED and ADOPTED the ____day of _____, 2024
__________________________
Nick Schultz
Mayor
Approved as to Form:
Attest: Office of the City Attorney
_________________________ By: ______________________ Kimberley Clark, City Clerk Ray Johal
Senior Assistant City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, Kimberley Clark, City Clerk of the City of Burbank, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by a major ity vote of the Council of the City of Burbank at its regular meeting held on the __ day of April, 2024, by the following vote:
AYES:
NOES:
ABSENT:
_________________________
Kimberley Clark, City Clerk