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Staff Report - Continuation of a Local Declaration of a Shelter Crisis

Sacramento City Council
January 24, 2023

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Staff Report - Continuation of a Local Declaration of a Shelter Crisis
Meeting
January 24, 2023
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Sacramento City Council
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4
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Text extracted from the city's file for reading and search. Open the original on sacramento.granicus.com. That file is the official record.

City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2022-02340 1/24/2023 Consent Item 4.

Continuation of a Local Declaration of a Shelter Crisis File ID: 2022-02340
Location: Citywide
Recommendation: Adopt a Resolution: 1) making the findings necessary for declaration of a Shelter Crisis; 2) declaring a continuing Shelter Crisis, pursuant to Government Code sections 8698 et seq. through February 1, 2024; and 3) directing the City Manager to submit an annual report required by California Government Code section 8698.4 to the State Legislature.

Contact: Danielle Foster, Housing Policy Manager, (916) 808-1869, [email protected], Office of Innovation & Economic Development
Presenter: None
Attachments:
1-Description/Analysis
2-Resolution
Description/Analysis
Issue Detail: The crisis of unsheltered homelessness is one that impacts an entire community, including those experiencing homelessness, housed residents, businesses, and neighborhoods. Over the past several years, the City has made significant investments to increase access to and availability of shelter, services and permanent housing for people and families experiencing homelessness. Despite these efforts, homelessness and its impacts continue to rise:
· As of 2022, the community’s Homeless Point-in-Time Count shows the Sacramento region saw a 67% rise in homelessness overall since the last report in 2019 when 5,570 individuals were estimated homeless. This is also the highest estimate of homelessness on record for Sacramento, totaling 9,278 individuals experiencing homelessness on any given night.

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File ID: 2022-02340 1/24/2023 Consent Item 4.
· According to data published by Sacramento Steps Forward from the Sacramento region’s Homelessness Management Information System (HMIS), 67% of people were experiencing unsheltered homelessness in 2022 and 59% report that they had been homeless, on average, for the last 3 years.
· According to the most recent Sacramento County Homeless Deaths Report, 93 people died while living on the streets of Sacramento County in the first half of 2022. · The rate of individuals reporting a disability and or being chronically homeless has more than doubled since 2019, with 4,314 individuals reporting high needs and prolonged periods of homelessness.

In addition to the rise in homelessness, Sacramento is experiencing a housing emergency.

Residential rents are climbing, and many citizens face the threat of homelessness due to lack of access to affordable housing. Local costs of housing have been impacted more significantly with recent migration of residents from areas with higher costs of living, like the bay area, with the COVID- outcome of increased ability to work from home. Higher earning households are pushing out local households in the rental market that make up the local working class and who have been housing insecure. Many cities throughout the state are also facing great challenges in having adequate affordable housing and services to reduce homelessness, further exacerbated by the impacts of COVID. Numerous other jurisdictions have declared and continue to declare a local shelter crisis, including Los Angeles, San Jose, Oakland, San Francisco, and Berkeley, all of which identified homelessness as a first-priority issue.

The City and County have made significant strides in adding capacity in the homeless response system, allocating funding in recent years to add for almost 400 new shelter beds and made significant investments to transform almost 300 existing shelter beds to low-barrier, service rich programs. During the COVID-19 pandemic, the City, County and Sacramento Steps Forward (SSF) collaboratively stood up and operated over 580 motel rooms and trailers to provide preventative quarantine and medical isolation for people experiencing homelessness vulnerable to or infected by the COVID-19 virus. The City and SHRA also stood up programs to bring additional permanent supportive housing units and interim housing units online quickly through Project Homekey, and SHRA has administered rental assistance in hopes of helping to stabilize local at-risk households.

Despite these efforts, there is insufficient capacity to shelter and house everyone experiencing homelessness in Sacramento.

Homeless encampments are increasing across the city within public rights of way, exposing individuals experiencing homelessness to traffic hazards, crime and victimization, risk of death and injury, lack of adequate sanitation and debris services, and other conditions that are detrimental to each person’s health and safety. Evidence demonstrates that providing low-barrier access to decent, safe, and stable housing and shelter combined with crucial support services in line with “housing first” principles is the most effective and efficient way to help end homelessness, while respecting client choice and autonomy. Studies have also demonstrated how housing is the first step towards

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File ID: 2022-02340 1/24/2023 Consent Item 4.
improved individual physical and emotional health, as well as reconnection with the community.

California Government Code Section 8698, et seq., allows the governing body of a city to declare a shelter crisis when a significant number of persons are without the ability to obtain shelter, resulting in a threat to their health and safety. In addition, California Government Code Section 8698.1 provides that, upon a declaration of a shelter crisis, the provisions of any state or local regulatory statute, regulation or resolution prescribing standards of housing, health, or safety, as applied to public facilities, shall be suspended to the extent that strict compliance would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis. California Government Code Section 8698.2 provides that, upon a declaration of a shelter crisis, a city may allow persons unable to obtain housing to occupy designated public facilities during the duration of the crisis.

California Government Code section 8698.4 gives cities and counties regulatory flexibility to expedite the construction of shelters, adding safe parking sites as an eligible form of shelter, and extending the sunset of these provisions to 2026.

Policy Considerations: On October 16, 2018, the Council held a workshop on Homeless Sheltering Policies and adopted a resolution embracing Housing First principles for City-funded shelters. At this meeting, the Council acknowledged the need for other shelter and service approaches, especially for vulnerable populations, including transition age youth and women and families and has since funded and opened projects aligning with this direction, including the Scattered Site Shelter Program, Emergency Bridge Housing at the Grove, STEP Youth Shelter and the Meadowview Triage Shelter.

The City Council has also provided support to sheltering and services by Saint John’s Program for Real Change and City of Refuge, and funding for permanent supportive housing and interim housing unit development and motel conversion. And the City Council made great strides through the Comprehensive Siting Plan, adopted August 2021, that furthered safegrounds, shelters, and affordable housing for people at-risk and exiting homelessness.

City Council made a short-term shelter crisis declaration on November 8, 2018 for the period between December 1, 2018 and March 1, 2019 and on January 14, 2020, adopted Resolution 2020- 0017, declaring a shelter crisis for the period between January 14, 2020 and January 14, 2021. On January 12, 2021, the City Council again adopted a resolution declaring a shelter crisis, Resolution No. 2021-0007, which expired on January 12, 2022. On January 11, 2022, the City Council again adopted a resolution declaring a shelter crisis, Resolution No. 2022-0017. That shelter crisis declaration is currently in effect and expires on February 1, 2023. The recommended action extends this declaration for an additional year and will facilitate provision of faster and expanded shelter and service approaches over a one-year period, subject to review prior to the end of the period.

Economic Impacts: No funds are being requested as a part of this report. However, the recommended declaration may help facilitate receipt of public and private funds to alleviate homelessness.

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File ID: 2022-02340 1/24/2023 Consent Item 4.

Environmental Considerations: This declaration is exempt from CEQA pursuant to CEQA Guidelines sections 15061(b)(3) (it can be seen with certainty that no significant effect on the environmental would occur) and 15269(c) (relating to specific actions necessary to prevent or mitigate an emergency), and California Government Code sections 8698.4(a)(4) (actions taken by a local agency to lease, convey, or encumber land owned by a city, county, or city and county, or to facilitate the lease, conveyance, or encumbrance of land owned by the local government for, or to provide financial assistance to, a homeless shelter constructed or allowed by the Shelter Crisis Law) and 65660(b) (low barrier navigation centers).

The City Council has reviewed and approved several shelter proposals, and has concluded, in each case, that the design, construction and operation of such shelters would have no significant effect on the environment. Design of the shelters includes consideration of health and safety concerns, security lighting, sanitation and noise. The community concerns regarding those experiencing homelessness include health, safety, security and sanitation, and the establishment of safe and secure environments has a beneficial environmental effect that has been recognized by the City.

Sustainability: Not Applicable.

Commission/Committee Action: None.

Rationale for Recommendation: Homelessness is one of the biggest issues facing the City, and the City Council has made significant investments over the past years to increase services, shelter capacity and housing supports for people experiencing homelessness. Despite these efforts, homelessness is on the rise, and is affecting communities throughout the City and the County of Sacramento. Declaring a shelter crisis will enable the City to shelter people experiencing homelessness more quickly in designated public facilities and suspend certain housing, health, and safety standards, the strict compliance with which may prevent, hinder, or delay using those facilities for shelter.

Financial Considerations: No funds are being requested as a part of this report. However, the recommended declaration may help facilitate receipt of public and private funds to alleviate homelessness.

Local Business Enterprise (LBE): Not Applicable.

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«{select('select RTF from Events where Events = ^'+EventsQuery.Events+'^ ')}» RESOLUTION NO.

Adopted by the Sacramento City Council

DECLARING A SHELTER CRISIS IN THE CITY OF SACRAMENTO

BACKGROUND
A. According to the 2022 Sacramento Point-in-Time Count Report, on a single night in February 2022, approximately 6,664 persons were experiencing unsheltered homelessness in Sacramento County. Within the City alone, 5,038 persons were experiencing unsheltered homelessness. This population includes veterans, women, children, persons with disabilities, seniors, and other vulnerable groups. There is a significant threat to the health and safety of unsheltered persons in the number of people experiencing homelessness.

B. The 2022 updated Point-in-Time Count shows that locally there appears to be a 67% rise in homelessness since 2019. This increase can be attributed to the impacts of the COVID-19 pandemic, as well as struggles with disabilities and chronic health conditions. The rise in homelessness also reflects the continued challenges with housing affordability. Housing prices and rental rates continue to increase based on the scarcity of available housing.

C. Many of those unable to obtain shelter reside on the streets, in alleys, in doorways, along the rivers, and in unauthorized encampments throughout the City.

D. These individuals lack adequate sanitary facilities and are vulnerable to theft, crime, and extreme weather. These conditions threaten the physical and mental health of those experiencing homelessness. They also present a threat to the public health and well-being of the community.

E. The City Council continues to hear extensive testimony on the impacts of homelessness on persons experiencing it themselves, as well as on the community at large. The City Council is also working hard to address this crisis. In April of 2022, the City adopted the Emergency Shelter and Enforcement Act of 2022. The voters approved that ordinance in November 2022 and shortly thereafter, the City entered into a partnership agreement with the County of Sacramento to increase shelter spaces and coordinate the delivery of services directly to where individuals are currently residing.

F. Strict compliance with the provisions of state and local regulatory statutes, regulations, and ordinances prescribing standards of housing, health, safety, and

«{select('select RTF from Events where Events = ^'+EventsQuery.Events+'^ ')}» environmental impact assessment may prevent, hinder, or delay the mitigation of the effects of the shelter crisis.

G. When a significant number of persons within the city of Sacramento are without the ability to obtain shelter and the situation has resulted in a threat to the health and safety of those persons, the City Council is authorized to declare a shelter crisis. (Cal.

Gov. Code § 8698.2.)

H. Upon the declaration of a shelter crisis, State law protects the city with statutory immunities in the provision of emergency housing, provides regulatory flexibility to expedite the construction of shelters, and allows the city to shelter persons unable to obtain housing in designated public facilities. (Cal. Gov. Code §§ 8698.1-8698.4.)

I. If the city declares a shelter crisis, the city is required to submit an annual report to the Senate Committee on Housing and the Assembly Committee on Housing and Community Development by January 1 of each year. (Cal. Gov. Code § 8698.4(a)(6).)

J. The City Council first adopted a resolution declaring a shelter crisis in the City of Sacramento on November 8, 2018. (Resolution No. 2018-0436.) That resolution declared a shelter crisis for the period between December 1, 2018 and March 1, 2019.

Since then, the City has declared a shelter crisis three more times. The last time, on January 11, 2022, the City Council declared a shelter crisis that is currently in effect and expires on February 1, 2023. (Resolution No. 2022-0017.)

BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:

Section 1. The City Council finds that paragraphs A through J, above, are true.

Section 2. The City Council finds that thousands of persons within the City are without the ability to obtain shelter and this situation has threatened their health and safety.

Section 3. The City Council, pursuant to California Government Code sections 8698 et seq., declares a shelter crisis persists in the City of Sacramento and will continue to exist through February 1, 2024.

Section 4. The City Manager is directed to submit the annual report required by California Government Code section 8698.4 to the Senate Committee on Housing and the Assembly Committee on Housing and Community Development by January 1, 2024.

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