1 RFA:bg A23-00937 (03-31-2023)
01506545.DOCX
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OFFICE OF THE CITY ATTORNEY
DAWN MACINTOSH, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LONG BEACH REDECLARING A SHELTER CRISIS;
SUSPENDING APPLICABLE PROVISIONS OF LOCAL LAW,
INCLUDING THOSE CONTAINED IN THE CITY'S ZONING
ORDINANCES AND REGULATIONS; AND AUTHORIZING
AN EMERGENCY SHELTER AT 702 WEST ANAHEIM
STREET, IN THE CITY OF LONG BEACH, BETWEEN THE
DATES OF APRIL 26, 2023, THROUGH JULY 31, 2023
WHEREAS, the purpose and intent of this resolution is to provide shelter and supportive services for the homeless in the City of Long Beach by maintaining such services at, and allowing the use of, the real property located at 702 West Anaheim Street, in the City of Long Beach, between the dates of April 26, 2023 and July 31, 2023; and WHEREAS, at its meeting of December 13, 2022, the City Council of the City of Long Beach adopted Resolution No. RES -22-0214 redeclaring a “shelter crisis” pursuant to SB 850 (Chapter 48, Statutes of 2018 and Government Code Sections 8698.1 and 8698.2); and
WHEREAS, o n January 10, 2023, the City Council adopted a resolution proclaiming the existence of a local emergency caused by condition s or threatened conditions of homelessness within the City, allowing the City to facilitate requests to other local, State, and/or Federal jurisdictions, request the Governor and State Legislature to declare a state of emergency and direct resources to support local jurisdictions, and allow the City Manager, or designee, to take preventative measures necessary to protect persons and property within the scope of the local emergency; and WHEREAS, pursuant to Government Code section 8698.1 et seq., and in response to the ongoing emergency declaration on homelessness, the City Council hereby RES-23-0083
2 RFA:bg A23-00937 (03-31-2023)
01506545.DOCX
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OFFICE OF THE CITY ATTORNEY
DAWN MACINTOSH, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802
finds and re-declares that there still exists a “shelter crisis” and that the situation has resulted in, and will continue to result in, a threat to the health and safety of those persons; NOW, THEREFORE, the City Council of the City of Long Beach resolves as follows:
Section 1. That the provisions of any state or local regulatory statute, regulation or ordinance, including but not limited to the City’s zoning regulations prescribing standards of use, housing, health or safety shall be suspended with respect to the above - described emergency shelter to the extent that strict compliance would in any way prevent, hinder or delay the operation of the emergency shelter during the declared shelter crisis.
Section 2. Notwithstanding any other provisions of local law, the City Manager is hereby authorized and directed to take all steps as may be reasonably necessary or appropriate to facilitate the operation of a n emergency shelter between the dates of April 26, 2023 and July 31, 2023 , which shelter is to be located at 702 West Anaheim Street, in the City of Long Beach.
Section 3. Any and all provisions of the City’s Zoning Ordinance and regulations, which otherwise might regulate, apply to or govern the continued operation of the emergency shelter, are hereby suspended and declared inapplicable to the proposed emergency shelter.
Section 4. The City Manager, or his designee, is hereby authorized to develop such rules and regulations related to health and safety standards which the City Manager deems necessary and appropriate to protect the public health, safety and welfare of the residents of t he emergency shelter and those residents and/or businesses which may be affected by the operation of said shelter. To the extent applicable to those homeless individuals who occupy the shelter, such rules and regulations may be posted in at least one conspicuous location on the site.
Section 5. Pursuant to California Environmental Quality Act (“CEQA”), Public Resources Code section 21000, et seq., the Council hereby finds that this project is exempt from further environmental review under CEQA Guidelines 15301. 1 2
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28 Section 6. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution.
I hereby certify that the foregoing resolution was adopted by the City Council of the City of Long Beach at its meeting of ____ J_u_n_e_6 _____ , 2023 by the following vote:
Ayes:
Noes:
Absent:
Councilmembers: Zendejas, Duggan, Supernaw, Kerr, Saro, Uranga, Austin, Ricks-Oddie.
Councilmembers: None.
Councilmembers: Allen.
Recusal(s): Councilmembers None.
RFA:bg A23-00937 (03-31-2023)
01506545.DOCX
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