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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LONG BEACH AMENDING THE LONG BEACH
MUNICIPAL CODE BY ADDING SECTION 2.84.170 , TO
TEMPORARILY SUSPEND CERTAIN PROVISIONS OF
CHAPTER 2.84 DURING THE PROCLAIMED LOCAL
EMERGENCY CAUSED BY HOMELESSNESS; DECLARING
THE URGENCY THEREOF; AND DECLARING THAT THIS
ORDINANCE SHALL TAKE EFFECT IMMEDIATELY
WHEREAS, on January 10, 2023, the City Council of the City of Long Beach adopted Resolution No. RES-23-______ making certain f indings and proclaiming the existence of a local emergency caused by conditions and threatened conditions of homelessness within the City of Long Beach (City), which if not corrected, constitutes an imminent and proximate threat to the safety of persons and property within the City; and WHEREAS, shelter and housing is particularly important during the coming winter months when people experiencing homelessness in the City are likely to face heightened exposure and dangers from living outdoors, and heightened dangers from the combination of COVID-19, flu outbreak and respiratory syncytial virus (RSV). It is projected that the City will face an acute shortage of winter homeless shelters through March 2023, with fewer than half of the number of shelter sites ava ilable in the County of Los Angeles compared to the winter of 2021-2022 and nearly two-thirds fewer shelter beds; and WHEREAS, California Government Code Sections 8698.1 and 8698.2 allow local jurisdictions to declare a shelter crisis; the City of Long Beach’s most recent shelter crisis is set to expire March 31, 2023; and
WHEREAS, the State of California’s COVID -19 State of Emergency, which has provided resources to keep many Long Beach residents from falling into ORD-23-0003
0004
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
homelessness, ends in February of 2023, thus requiring immediate action in order to create replacement and additional housing and shelter, and in order to support the necessary infrastructure and laws required to protect and provide that shelter and housing; and WHEREAS, the County and State’s eviction moratorium, which has protected many Long Beach residents from falling into homelessness, ends concurrently with the end of California’s State of Emergency regarding the COVID-19 pandemic on February 1, 2023; and
WHEREAS, the City expanded interim bed access by 535 beds since 2020; there are currently more than 1,300 interim housing beds citywide and the City Council continues to prioritize the building of interim and permanent supporting housing , yet need continues to outpace demand; and
WHEREAS, the City projects it will soon have a total of 15,346 supportive and affordable units, of which 1,546 have been recently completed, 319 are currently under construction, and more than 500 are in pre-development; and WHEREAS, the City has responded to the r apid increase in its homeless population with unprecedented investments into homelessness solutions, including a more than $80 million commitment in the 2022 -2023 City budget for the expansion of bridge housing, an additional Restorative Engagement to Achi eve Collective Health ( REACH) team, call takers, library outreach workers, two mobile MSC units, a mental health and substance use treatment van, a winter shelter partnership, and the hiring of professionals to address the homelessness crisis and, notwithstanding these efforts, the number of those experiencing homelessness in the City continues to increase and outstrip the resources and services that the City has provided; and
WHEREAS, the City of Long Beach has designated significant resources to address h omelessness in the City, but the threat to life and property remains at stake beyond the control of the services, personnel, equipment, and facilities of this City, requiring the City to protect the public safety, health, and welfare within the City through this ordinance; and
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
WHEREAS, On May 24, 2016, the City Council approved an amendment to Long Beach Municipal Code (LBMC) Section 2.84, and adopted Ordinance ORD-16-0008 relating to Job Order Contracts (JOC). On November 16, 2021, the City Council approved an amendment to LBMC Section s 2.84.100 and 2.84.110, and adopted Ordinance ORD - 21-0038 to increase the per project work order threshold to $750,000 and reduce the required contractor performance to 15 percent of each project; and WHEREAS, the JOC project delivery system provides a significant benefit to the City of Long Beach ( City), including faster completion of projects, and reduced complexity of processes. The City uses the JOC program regularly for smaller construction projects like roo f repairs, doorway replacements, tenant improvements, painting, park improvements, demolition, electrical maintenance, and other repairs including emergency requests. Contractors are prequalified and enter into a competitively bid, fixed price, multi- year construction contract based on an established Construction Task Catalog for construction projects. The JOC program is used as a timely and cost-effective option for the delivery of renovation, repair and minor construction projects; and WHEREAS, in respon se to the State of California’s COVID -19 State of Emergency, the City applied for and received Project HomeKey funding and other homeless servicing grants to begin assisting residents falling into homelessness. Pursuant to LBMC 2.84.100, the JOC program can only be utilized for single job order projects that are less than $750,000. Due to the recent emergency proclamation, the City is requesting to remove the single job order threshold to utilize the JOC program to expedite the projects, in response to the proclaimed local emergency caused by homelessness, for a more efficient and timelier project delivery; and
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
NOW, THEREFORE, the City Council of the City of Long Beach ordains as follows:
Section 1. Section 2.84.170 is hereby added to the Long Beach Municipal Code to read as follows:
2.84.170 Suspensions.
A. Suspend provisions of Chapter 2.84 that pertain to single job order thresholds for projects which address the proclaimed local emergency caused by homelessness, for a more efficient and timelier project delivery.
B. This Section 2.84.170 shall expire on the later of (i) o ne hundred eighty (180) days after its effective date , or (ii) with respect to projects begun prior to such date but not yet complete , on the date of completion of such project, unless further extended by the City Council in its discretion by an amendment to this Chapter.
Section 2. This ordinance is intended to be consistent with all applicable state and federal law, and is not intended to regulate in any area preempted by state or federal law. If any provision of this ordinance is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity shall not affect the remaining provisions of this ordinance which can be implemented without the invalid provisions, and to this end, the provisions of this ordinance are declared to be severable. The City Council hereby declares it would have adopted this ordinance and each provision hereof irrespective of whether any one or more provisions are found inv alid, unconstitutional or otherwise unenforceable.
Section 3. This ordinance is an emergency ordinance duly adopted by the City Council by a vote of five of its members. The City Clerk shall certify to a roll call and 5 RFA:bg A23-00075 (01-12-2023))
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
vote on the question of the emergency of this ordinance and to its passage by the vote of five members of the City Council of the City of Long Beach, and cause the same to be posted in three conspicuous places in the City of Long Beach , and it shall thereupon take effect and shall be operative immediately.
Section 4. This ordinance shall also be adopted by the City Council as a regular ordinance, to the end that in the event of any defect or invalidity in connection with the adoption of this ordinance as an emergency ordinance, the same shall, nevertheless, be and become effective on the thirty-first (31st) day after its approved by the Mayor. The City Clerk shall certify to the passage of this ordinance by the City Council and cause it to be posted in three (3) conspicuous places in the City of Long Beach, and it shall take effect on the thirty-first (31st) day after it is approved by the Mayor.
I hereby certify on a separate roll call and vote which was taken by the City Council of the City of Long Beach upon the question of emergency of this ordinance at its meeting of ____________________________, 2023, the ordinance was declared to be an emergency by the following vote:
Ayes: Councilmembers:
Noes: Councilmembers:
Absent: Councilmembers:
Recusal(s): Councilmembers:
January 24
Zendejas, Duggan, Supernaw, Kerr,
Saro, Austin, Ricks-Oddie.
None.
None.
Allen, Uranga.
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
I further certify that thereafter, at the same meeting, upon a roll call and vote on adoption of the ordinance, it was adopted by the City Council of the City of Long Beach by the following vote:
Ayes: Councilmembers:
Noes: Councilmembers:
Absent: Councilmembers:
Recusal(s): Councilmembers:
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Zendejas, Duggan, Supernaw, Kerr,
Saro, Austin, Ricks-Oddie.
None.
None.
Allen, Uranga.
1 I further certify that the foregoing ordinance was thereafter adopted on final 2 reading by the City Council of the City of Long Beach at its meeting of February 7 3 2023, by the following vote:
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Noes: Councilmembers:
Absent: Councilmembers:
Recusal(s): Councilmembers:
Approved: I u1 ,i3
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(Date)
Zendejas, Allen, Duggan,
Supernaw, Kerr, Saro,
Uranga,Austin, Ricks-Oddie.
None.
None
None.
7 AFFIDAVIT OF POSTING
STATE OF CALIFORNIA ) ss
COUNTY OF LOS ANGELES )
CITY OF LONG BEACH )
Alyssa Campos being duly sworn says: That I am employed in the Department of the City Clerk of the City of Long Beach; that on the 25th day of January 2023, I posted three true and correct copies of Emergency Ordinance No. ORD-23-0003 in three conspicuous places in the City of Long Beach, to wit: One of said copies in the lobby of City Hall in front of the Civic Chambers; one of said copies in the Billie Jean King Main Library; and one of said copies on the front counter of the City Clerk Department.
Subscribed and sworn to before me
This 25th day of January 2023.
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AFFIDAVIT OF POSTING
STATE OF CALIFORNIA ) ss
COUNTY OF LOS ANGELES )
CITY OF LONG BEACH )
Alyssa Campos being duly sworn says: That I am employed in the Department of the City Clerk of the City of Long Beach; that on the 9th day of February 2023, I posted three true and correct copies of Final Ordinance No. ORD-23-0003 in three conspicuous places in the City of Long Beach, to wit: One of said copies in the lobby of City Hall in front of the Civic Chambers; one of said copies in the Billie Jean King Main Library; and one of said copies on the front counter of the City Clerk Department.
Subscribed and sworn to before me
This 9th day of February 2023.