October 3, 2023
HONORABLE MAYOR AND CITY COUNCIL
City of Long Beach
California
RECOMMENDATION:
Declare an Ordinance amending Long Beach Municipal Code Section 2.84.170 to extend the temporary suspension of certain provisions of Title 2.84.100 for projects which address ongoing impacts caused by homelessness for one-year to July 23, 2024; read the first time and laid over to the next regular meeting of the City Council for final reading. (Citywide)
DISCUSSION
City staff requested the City Attorney’s Office to prepare the attached Ordinance amending Section 2.84.170 of the Long Beach Municipal Code (LBMC) to extend the expiration date of the temporary suspension of provisions that remove the single job order threshold of seven hundred fifty thousand dollars ($750,000) in an effort to renovate facilities and build free and affordable housing to combat the homelessness crisis.
According to the City of Long Beach’s (City) 2023 Point in Time Count, the City has approximately 3,447 people experiencing homelessness.
Homelessness has disproportionately impacted Black, Indigenous, and Pacific Islander Long Beach residents who are approximately three times more likely to experience homelessness than other populations. Black people comprise only 12 percent of the population of the City, but in the most recent homelessness count completed in January 2023, accounted for approximately 3 0 percent of people experiencing homelessness.
Approximately 38 percent of people experiencing homelessness have experienced violence or trauma in their lives. The number of students experiencing homelessness has grown by approximately 2.5 percentage points since 2022.
The State of California's COVID-19 State of Emergency that provided resources to keep many Long Beach residents from falling into homelessness ended February 28, 2023. On January 10, 2023, the City Council adopted a Resolution proclaiming a homelessness emergency in Long Beach. The City took immediate action to create additional housing to shelter and support homeless residents and build the needed infrastructure to address public safety concerns due to homelessness, violence, and severe mental and physical health issues.
Department of Public Works
411 West Ocean Boulevard, 5th Floor, Long Beach, CA 90802 (562) 570-6383
ORD-29
HONORABLE MAYOR AND CITY COUNCIL
October 3, 2023
To protect the public safety, health and welfare within the City, on January 24, 2023, the City Council adopted an Ordinance amending the LBMC by adding Chapter 2.84.170 to temporarily suspend certain provisions of Chapter 2.84 , which expired on the later of (i) one hundred eighty (180) days after the effective date of the Ordinance, or (ii) with respect to projects begun prior to such date but not yet complete, on the date of completion of such project. The temporary suspension lapsed on July 23, 2023 , one hund red eighty (180) days after the effective date of the Ordinance, except for project s begun but not complete. The City Council has the discretion to further extend the expiration date of the temporary extension.
Previously on May 24, 2016, the City Council approved an amendment to 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 2.84.100 and 2.84.110 to increase the per work order th reshold to $750,000 and reduce the contractor performance to 15 percent.
The JOC project delivery system provides a significant benefit to the City, including faster completion of projects, cost savings, and reduced complexity of processes. The City uses the JOC program regularly for smaller construction projects like roof repairs, doorway replacements, tenant improvements, painting, park improvement s, demolition, electrical maintenance, and other repairs including emergency requests. Adopted 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.
In response 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 ongoing impacts caused by homelessness and the very stringent timelines required by grant funding from the State, City staff is requesting to extend the temporary removal of the single job order threshold to utilize the JOC program to expedite projects in response to the ongoing impacts caused by homelessness for one (1) additional year from July 23, 2023, the expiration date of the previous temporary suspension. This added authority will allow for a more efficient and timelier project delivery.
Projects required to respond to the ongoing impacts caused homelessness will include various tenant improvements required at recently purchased hotels, improvements required to quickly create additional emergency shelters, and other projects critical to increasing services for people experiencing homelessness.
This matter was reviewed by Principal Deputy City Attorney Vanessa S. Ibarra on September 18, 2023 and by Budget Management Officer Nader Kaamoush on September 15, 2023.
HONORABLE MAYOR AND CITY COUNCIL
October 3, 2023
TIMING CONSIDERATIONS
City Council action is requested on October 3, 2023, to continue with utilizing the JOC program in response to the proclaimed local emergency caused by homelessness.
FISCAL IMPACT
The full fiscal impact is unknown at this time and will be based on the work required and projects implemented to respond to the homelessness crisis. Any project that will be moved forward through the JOC program that is not currently budgeted will only proceed at such time as appropriations have been approved by the City Council. This recommendation has a moderate staffing impact beyond the normal budgeted scope of duties and is consistent with existing City Council priorities. Work on these projects will also likely impact other existing projects and may require staff reprioritization . The local job impact associated with this recommendation may have a positive impact on the local economy but is currently unknown.
SUGGESTED ACTION:
Approve recommendation.
Respectfully submitted,
ERIC LOPEZ
DIRECTOR OF PUBLIC WORKS
APPROVED:
THOMAS B. MODICA
CITY MANAGER
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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 SECTION 2.84.170 OF
THE LONG BEACH MUNICIPAL CODE , TO TEMPORARILY
SUSPEND CERTAIN PROVISIONS OF CHAPTER 2.84 FOR
PROJECTS WHICH ADDRESS ONGOING IMPACTS
CAUSED BY HOMELESSNESS
WHEREAS, on January 10, 2023, the City Council of the City of Long Beach adopted Resolution No. RES-23-0004 making certain findings 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); and WHEREAS, California Government Code Sections 8698.1 and 8698.2 allow local jurisdictions to declare a shelter crisis; 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 homelessness, end ed 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, end ed concurrently with the
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
end of California’s State of Emergency regarding the COVID-19 pandemic on February 1, 2023; and
WHEREAS, the City of Long Beach has designated significant resources to address homelessness 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
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 roof 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 response 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; WHEREAS, on Pursuant to LBMC 2.84.100, the JOC program can only be utilized for single job order projects that are less than $750,000; WHEREAS, due to the emergency proclamation, on January 24, 2023, the
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
City Council adopted an ordinance amending the Long Beach Municipal Code by adding Chapter 2.84.170 to temporarily 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, which expired on the later of (i) one hundred eighty (180) days after the effective date of the ordinance, or (ii) with respect to projects begun prior to such date but not yet complete, on the date of completion of such project; WHEREAS, the temporary suspension lapsed on July 23, 2023, one hundred eighty (180) days after the effective date of the ordinance, except for projects begun but not complete;
WHEREAS, City staff is requesting to extend the temporary removal of the single job order threshold to utilize the JOC program to expedite projects in response to the ongoing impacts caused by homelessness for one (1) additional year to July 23, 2024, to allow for a more efficient and timelier project delivery.
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 threshold s for projects which address ongoing impacts caused by homelessness, for a more efficient and timelier project delivery.
B. This Section 2.84.170 shall expire on the later of (i) July 23, 2024, 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.
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
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 invalid, unconstitutional or otherwise unenforceable.
Section 3. 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.
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
I hereby certify that the foregoing ordinance was adopted by the City Council of the City of Long Beach at its meeting of ____________________________, 2023, by the following vote:
Ayes: Councilmembers:
Noes: Councilmembers:
Absent: Councilmembers:
Recusal(s): Councilmembers:
Approved:
(Date) Mayor