San Bernardino Associated Governments
clo CityCom Real Estate Services, Inc.
P. O. Box 548
Rancho Cucamonga, CA 91729
Please concur to the above revisions by signing this letter in the appropriate space.
Should you have any questionsor concerns, please contact Michael Bair, Director of Transit and Rail Programs at ( 909) 884- 8276.
Sincerely,
b
Supervisor Paul Biane
President
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RESOLUTION NO. 2004- 70
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF FIRST AMENDMENT TO COOPERATIVE AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO
ASSOCIATED GOVERNMENTS ( SANBAG) FOR THE SAN BERNARDINO
METROLINK COMMUTER RAIL STATION AND THE SAN BERNARDINO SANTA FE DEPOT REHABILITATION PROJECT, CONTRACT NO. 04- 040.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby authorizedand directedto executeon behalf of said City First Amendmentto CooperativeAgreementwith San Bernardino Associated Governments ( SANBAG) for the San Bernardino Metrolink Commuter Rail Station and the SanBernardino SantaFe Depot Rehabilitation Project, Contract No. 04-040. A copyof saidFirst Amendmentto CooperativeAgreementis attachedasExhibit A", and is made a part hereof.
SECTION 2. The authorization to execute the above First Amendment to Cooperative Agreementis rescindedif thepartiesto theagreementfail to executeit withinsixty (60) days of the passageof this resolution.
I
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2004- 70
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RESOLUTION .._... AUTHORIZING THE EXECUTION OF FIRST
AMENDMENT TO COOPERATIVE AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND THE SAN BERNARDINO ASSOCIATED GOVERNMENTS
SANBAG) FOR THE SAN BERNARDINO METROLINK COMMUTER RAIL
STATION AND THE SAN BERNARDINO SANTA FE DEPOT REHABILITATION PROJECT, CONTRACT NO. 04- 040.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a it. reg. meeting thereof, held on the 15thday of March , 2004, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
LONGVILLE x
MC GINNIS x
DERRY %
KELLEY %
JOHNSON
x
MC CAMMACK x
hCt,. A-k.
City Clerk
The foregoing resolution is hereby approved this 1&7r+ day of March 1 2004.
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
By:
ith Valles, Mayor
of San Bernardino
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EXHIBIT " A"
First Amendment to Cooperative Agreement 04- 040
THIS FIRST AMENDMENT TO COOPERATIVE AGREEMENT No. 04- 040 is herebymadeandenteredintoandeffectiveon the3`ddayof March, 2004, by and between the SAN BERNARDINO ASSOCIATED GOVERNMENTS (" SANBAG") and the CITY OF SAN BERNARDINO (" the CITY").
WHEREAS, the CITY and SANBAG entered into a Cooperative Agreement, SANBAG Contract 04- 040, dated December 3, 2003, with regard to the San Bernardino Metrolink Commuter Rail Station and the San Bernardino Santa Fe Depot; and WHEREAS, Paragraph 7. 02 Funding for the Depot Rehabilitation recites financial responsibilities of the CITY and SANBAG and references the amounts in Exhibit " G" asbeing the local financial contributions from eachparty; and WHEREAS, the CITY and SANBAG desire to amend the Agreement to increase the SANBAG financial contribution to the San Bernardino Santa Fe Depot rehabilitation project in order to pay for tenant improvements required for SANBAG occupancy. below.
NOW, THEREFORE, it is agreed that the Agreement is amended as set forth The parties agree that Exhibit " G" is hereby amended as attached to increase the SANBAG local contribution by $160,000 for a new total of $ 1,530,747.
2. All other provisions of Agreement 04-040, which are not altered by this amendment, shall remain in full force and effect.
SAN BERNARDINO ASSOCIATED
William J.
President
APPROVED AS TO FORM:
Q, C ate,
Rene Basle
SANBAG Counsel
Dated: z11 f% ti
CITY OF SAN BERNARDINO
IR
APPROVED AS TO FROM:
es Penman
ity Attorney
Dated:
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9 DISCUSSION
City of San Bernardino
Request for Council Action
Date: February 1, 2023
To: Honorable Mayor and City Council Members
From: Charles McNeely, City Manager
Nathan Freeman, Agency Director of Community, Housing,
and Economic Development
Department: Community & Economic Development (CED)
Subject: Homelessness State of Emergency Declaration (All Wards)
Recommendation:
It is Recommended that the Mayor and City Council of the City of San Bernardino:
1. Adopt Resolution No. 2023-028 declaring a Homelessness State of Emergency; and
2. Direct the City Manager or his designee the ability to take certain administrative actions to streamline the provision of shelter to people experiencing homelessness; and
3. Provide direction to Staff whether or not to prepare an ordinance (1) adopting California Residential Code Appendix X and California Building Code Appendix O and/or (2) making amendments to the San Bernardino Municipal Code for its consideration.
Background
As of January 2022, the State of California holds 30% of the nation’s homeless population (171,521) and has the highest rate (67%) of unsheltered individuals. Homelessness has become a national crisis and has negatively impacted San Bernardino for those experiencing homelessness as well as housed residents, businesses, and neighborhoods. Over the past several years, the City has made significant investments in assisting the unhoused community by funding different organizations to expand shelter access, increasing outreach, and developing viable housing options. Despite these efforts, homelessness and its impact throughout the City has continued to grow.
Point in Time Count (PITC) Data
•From 2017-2022, the City of San Bernardino saw a 175% increase in homelessness. •As of January 2022, the City continues to have the highest concentration of homeless individuals in San Bernardino County (1,350).
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9 •40% of San Bernardino County’s homeless reside in the City (3,333 County vs 1,350 City).
Year Sheltered Transitional Unsheltered Total
2017 108 156 227 491
2018 137 176 333 646
2019 123 126 639 890
2020 183 50 823 1056
2022 238 120 992 1350
*The 2021 Point in Time Count was cancelled due to the Coronavirus pandemic.
In addition to the rising rates of homelessness, rental rates are climbing, and the City is experiencing a shortage of affordable housing. Also, the statewide emergency declaration for COVID-19, which provided cities with monetary help to keep people housed and offered County-wide protections to help residents from falling into homelessness, has either ended or is coming to an end.
•Eviction protection resources ends on March 31, 2023.
•COVID-19 Rent and Utility Bill Relief ends February 28, 2023 On December 7, 2022, the Mayor and City Council approved a comprehensive Homelessness Action Plan and directed over $20 million in American Rescue Plan Act (ARPA) funds to mitigate homelessness and help vulnerable residents, which includes the development of a navigation center, partnerships with local entities to develop interim housing, and a dedicated Homeless Outreach Task Force.
On December 7, 2022, the Mayor and City Council also approved $613,678, in the first quarter of Fiscal Year 2023, to increase the number of Public Works employees to assist with homeless encampment cleanups.
Discussion
The City, along with the state and nation, is in the midst of a homelessness crisis. The City’s number of unsheltered individuals has quadrupled since 2017 (227 unsheltered in 2017 vs. 992 unsheltered in 2022). Homelessness is one of the most urgent and significant issues impacting the local community and housing affordability in the state correlates with the growth in homelessness. The significant increase in homelessness and expiring protections for renters that barred evictions during the statewide COVID-19 emergency declaration is a critical reason enough to declare a local state of emergency on homelessness.
State of Homelessness Emergency
Throughout the years, the City has maintained partnerships with several local homeless service agencies to provide shelter, housing, and resources to the homeless community, but despite best efforts, there has been little impact in mitigating homelessness. The
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9 source of this issue is connected to the City’s shelter crisis. There is insufficient capacity to shelter everyone experiencing homelessness. Out of 1,350 homeless individuals, 992 are unsheltered and there are only 253 reported shelter beds throughout the City.
The number of shelter beds is derived from the County’s Continuum of Care (CoC), which maintains a list of registered organizations that assist/shelter the homeless. These organizations either receive or are eligible for state and federal funding. There are shelter agencies that choose not to receive state or federal funding (i.e., religious affiliations) and as a result, they are not connected to the CoC pipeline, making it challenging to capture the actual number of shelter beds available in the City. Due to this, the City has opted to reference shelter beds linked to the CoC, which is currently 253.
Most known shelter agencies within the City are at or near full capacity and most have some sort of barrier that prevents people from seeking shelter when beds do become available. For example, fathers are often separated from wives and children, pets are not welcomed, and individuals with sobriety issues are often unable to access shelter.
Cities may not realistically provide shelter for every unhoused individual as it poses an extreme financial burden, among other hurdles. Fortunately, although not legally binding, United States District Judge David Carter has approved a settlement agreement between the City of Los Angeles and homeless advocate plaintiffs, which can serve as a form of guidance for the City. The settlement agreement provided that the City of Los Angeles needs to only provide shelter for 60% of their unsheltered population. Using this guidance and based on the 2022 PITC, the City could meet a 60% benchmark if it had 595 shelter beds, meaning an additional 342 available shelter beds. The benchmark number can and will fluctuate based on the current PITC.
The City needs to create a path that will allow shelters and interim housing to be developed quickly to better transition people off the streets. Also, emphasis should be placed on the need for low-barrier shelters that remove many obstacles that often impede a person’s ability to accept shelter.
What is the City Doing to Address Homelessness
On October 31, 2022, the City hired Homeless Services Coordinator, Ashley Esquivel, who is working closely with the Deputy Director of Housing & Homelessness, Cassandra Searcy to develop methodologies that are consistent with best practices, align with the County’s Continuum of Care System, and strengthen community partnerships.
On December 7, 2022, Council approved over $25 million in ARPA funds for the following homeless related initiatives:
•Public Health and Safety - FY 23 $613,678 for the remainder of the year with an ongoing expense of approximately $1,076,158 in FY 24. During the first quarter of
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9 FY 2023 the City added: 2 Lead Maintenance Workers, 2 Maintenance Supervisors, and 8 Maintenance Worker I (FLEX) Funding to assist with encampment clean-ups. •Navigation Center - $12 million: Development of a 200-bed, low-barrier, non- congregate facility that provides interim housing and onsite supportive services. •Ongoing Operational Cost for Navigation Center - $4.5 million: Provides $1.5 million annually over the span of three (3) years.
•Homeless Outreach Team - $1.5 million: Dedicated street outreach to provide City- wide comprehensive coverage to assist individuals experiencing homelessness. •Mobile Shower Expansion - $150,000: Partner with a non-profit organization to expand mobile shower services throughout the City by operating a 28-foot-long mobile shower trailer equipped with three (3) full-service restrooms and laundry facility. •Lutheran Social Services (LSSSC) - $5 million: The City is partnering with LSSSC on a Homekey Round 3 project to expand shelter capacity and develop a 172 bed, non-congregate interim housing and 20 permanent supportive housing units for men and men with children.
•San Bernardino Valley College (SBVC) - $900,000: The City is partnering with SBVC on a Homekey Round 3 project to develop student housing that will consist of approximately 60 non-congregate living units for students experiencing homelessness.
The City continues to work collectively with local stakeholders and government agencies to streamline processes, leverage funding, and improve coordination and collaboration.
The City will also release a Request for Proposals (RFP) in February 2023 in search of a homeless outreach agency that has the experience and capacity to create a comprehensive Citywide plan to transition unhoused residents off the streets. Because there is a shelter/interim housing shortage, the City is developing a navigation center, which will be a state-approved modular facility/campus that provides low barrier, non- congregate, interim housing, and onsite supportive services, which will include:
•Help Obtain Vital Documentation
•Pet Kennel
•Income Stability
•Homeward Bound
•Job training/placement
•Mental Health Services
•Substance Abuse Recovery
•Storage Lockers
•Housing Navigation
•Case Management
•Mailboxes Services
The City is also working with affordable housing developers to create housing for mixed- income households, including area median incomes as low as 30% and 50%.
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9 Homelessness Task Force
In an ongoing commitment to reduce homelessness and minimize community impacts associated with homelessness, a Homelessness Task Force will be established to include representatives from the Police Department, Code Enforcement, Public Works, Parks & Recreation, and the Community, Housing, and Economic Development Department.
Because complex problems require complex solutions, a task force can help to establish a multi-faceted approach that outlines actions, goals, and objectives directly related to homeless intervention, outreach, and prevention.
Defining Emergency Housing
Emergency housing is housing in a permanent or temporary structure(s), occupied during a declaration of a state of emergency, local emergency, or shelter crisis. Currently, the Section 19.02.050 of the City’s Development Code defines “Emergency Shelter” as follows:
“As used in Government Code Sections 65582, 65583 and 65589.5 (Senate Bill 2), and as defined in Health and Safety Code Section 50801(e), “emergency shelter” means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. Emergency shelters shall be occupied only by homeless persons unable to pay for housing. Facilities occupied by individuals who pay for their housing shall not be permitted as emergency shelters. Also referred to as “homeless shelter,” “homeless facility,” or “social service center with a residential component.’”
The City could consider adopting state-provided appendices related to emergency housing. Emergency housing may include, but is not limited to, buildings and structures constructed in accordance with the California Building Standards Code; emergency sleeping units, emergency transportable units and structures constructed in accordance with Appendix X of the California Residential Code.
•Dependent units used for sleeping.
•Site provided communal sanitary facilities.
The Adoption of California Residential Code Appendix X and California Building Code Appendix O into Title 15 of the SBMC will provide construction standards for developing emergency housing facilities in approved locations and a standard for third-party projects impacting emergency housing/homelessness.
The Development Code currently allows Emergency Shelters as a “by-right” use at five pre-defined Emergency Shelter Overlay Zone areas in the City that fall within the CH – Commercial Heavy, IL – Industrial Light, and OIP – Office Industrial Park Zones, consistent with California Government Code Section 65589.5. Emergency Shelters in these areas are only required to obtain an Administrative Development Permit Type 1
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9 and any necessary Building Permits. Chapter 19.10-E of the Development Code outlines the Development and Operational Standards for the Emergency Shelter Overlay Zone including but not limited to proximity to transit lines, maximum length of stay, parking requirements, and the preparation of security and management plans.
For other areas outside the Emergency Shelter Overlay Zone, the Development Code allows Emergency Shelters with the granting of a Conditional Use Permit (CUP) by the Planning Commission within the CR-2 - Commercial Regional-Downtown and CH – Commercial Heavy Zones. The Development Code does not currently allow for Emergency Shelters within any residential zones. However, “Homeless Facilities” and “Social Service Uses/Centers,” which may include overnight stays, are permitted with a CUP in some residential zones.
In an effort to provide greater flexibility and a streamlined approval process for Emergency Shelters, the City Council may consider amending the Development Code to allow Emergency Shelters with a CUP in additional zones and consider applying the Emergency Shelter Overlay Zone to more properties as deemed appropriate. Possible Zones to consider allowing Emergency Shelters by right, with a CUP or by applying the Emergency Shelter Overlay Zone, could include the following:
Zoning District Requirement
(RH) Residential High Conditional Use Permit
(CO) Commercial Office Conditional Use Permit
(CG-1) Commercial General Conditional Use Permit
(IL) Industrial Light Permitted by-right
(PF) Public Facilities Permitted by-right
Once locations are identified, the City will create a map of allowable zones and will also need to do the following:
•Create an ordinance to update Standards applicable to emergency homeless shelters. •Determine an alternate means of compliance concerning specific Fire Code requirements that must at least meet the minimum fire/life safety and building regulations identified by the City and San Bernardino County Fire Department (i.e., occupancy rate, structural requirements, ventilation, etc.). •Identify a plan/process for streamlining zoning regulations for privately-owned or operated shelters, including administrative approval of conditional use permits for shelters, allowing temporary shelters by-right on sites with an approved assembly use and streamlining approval of City-sponsored shelters on private property that may otherwise require zoning approvals.
Things the City Can Do by Declaring a Homelessness State of Emergency If the City Council adopts the Homelessness State of Emergency Declaration, the effective period of the Homelessness Crisis shall begin on February 1, 2023, and shall
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9 end on February 1, 2024, with the City Council having to review the declaration every 60 days.
If passed, the Homelessness State of Emergency Declaration would yield several consequences (see Gov. Code § 8630 et seq). First, the City Manager and/or Mayor and City Council can promulgate, issue, and enforce rules, regulations, orders and directives it considers necessary for the protection of life and property. Second, it would expand some of the City Manager’s powers, allowing him to enter into contracts, pursue grants and obtain emergency funding from state and federal entities to create additional shelters, add interim housing, and obtain emergency funding as it becomes available. Third, City workers would become designated disaster workers and may be used for such purposes.
Should the Declaration pass, the City Manager could be directed to do any or all of the following:
•Prepare an ordinance adopting California Residential Code Appendix X and California Building Code Appendix O to serve as alternative local standards and procedures for the construction of homeless shelters if required, as well as their operation. •Prepare an interim ordinance (if required) to streamline zoning regulations for privately-owned or operated shelters, including zoning administrator approval of conditional use permits for shelters, allowing small temporary shelters by right on sites with an approved assembly use, and streamlining approval of City-sponsored shelters on private property that may otherwise require zoning approvals. •Help with the development of interim housing, tiny homes, and partnerships with landlords to rent apartments, access land for temporary or permanent housing structures, dispense funds, approve master leases and speed up permitting processes. Certain purchases would not have to go out to bid and would not require City Council approval.
Area For Further Study
Separate and apart from declaring a local emergency, the City could declare a shelter crisis per Government Code Section 8698 et seq. The recent actions of the City of Los Angeles and the City of Long Beach were to declare a local emergency. Staff requests additional time to study this option, analyze the potential benefits and consequences of taking this action, and report back to the Mayor and City Council. 2021-2025 Strategic Targets and Goals
Declaring a Homelessness State of Emergency will allow staff to identify opportunities to streamline zoning regulations and explore an administrative approval of Conditional Use Permits for Emergency Shelters and interim housing thereby allowing unhoused individuals to exit off the streets into a clean and safe environment where they can stabilize and get connected to resources and housing. This effort aligns with Key Strategic Goal No. 3, Improved Quality of Life.
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9 Fiscal Impact
There is no fiscal impact to declaring a state of emergency. On December 7, 2022, Council approved over $20 million in American Rescue Plan Act funds towards addressing homeless-related matters. Declaring a State of Emergency will allow the City to set policies and prepare Municipal Code changes for City Council consideration to accelerate the development and operation of Emergency Shelters and interim housing.
Conclusion
It is Recommended that the Mayor and City Council of the City of San Bernardino:
1. Adopt Resolution No, 2023-028 declaring a Homelessness State of Emergency; and
2. Direct the City Manager or his designee the ability to take certain administrative actions to streamline the provision of shelter to people experiencing homelessness; and
3. Provide direction to Staff whether or not to prepare an ordinance (1) adopting California Residential Code Appendix X and California Building Code Appendix O and/or (2) making amendments to the San Bernardino Municipal Code for its consideration.
Attachments
Attachment 1: Resolution No. 2023-028 Declaring State of Emergency Ward:
All Wards
Synopsis of Previous Council Actions: N/A
August 4, 2021 Mayor and City Council received a report and discussed the allocation of ARPA funds.
December 7, 2022 Mayor and City Council approved a Homelessness Solutions Action Plan
December 7, 2022 Mayor and City Council authorized the use of over $20,000,000 in ARPA funds for the development of a
Navigation Center, State of California Homekey Round 3
Projects, Homeless/Street Outreach and a Mobile Shower
Expansion.
December 7, 2022 Mayor and City Council approved $4.5 million to cover operational expenses associated with the Navigation Center of a three year span.
December 7, 2022 Mayor and City Council approved On December 7, 2022, Council approved $613,678 in the first quarter of Fiscal Year
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9 2023 to increase the number of Public Works employees to assist with homeless encampment cleanups.
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Resolution No. 2023-028
Resolution No. 2023-028
February 1, 2023
RESOLUTION NO. 2023-028
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA
PROCLAIMING THE EXISTENCE OF A LOCAL
EMERGENCY CAUSED BY CONDITIONS AND
THREATENED CONDITIONS OF HOMELESSNESS
WITHIN THE CITY OF SAN BERNARDINO, WHICH IF
NOT CORRECTED, CONSTITUTES AN IMMINENT AND
PROXIMATE THREAT TO THE SAFETY OF PERSONS
AND PROPERTY IN THE CITY
WHEREAS, San Bernardino Municipal Code Section 2.46.050(A) designates the City Manager as the Director of Emergency Services (“Director”); and WHEREAS, San Bernardino Municipal Code Section 2.46.090(A)(1) empowers the Director to request the Mayor and City Council to proclaim the existence or threatened existence of a “local emergency”; and
WHEREAS, San Bernardino Municipal Code Section 2.46.020 defines an “emergency” as an “actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within [the] jurisdiction…which conditions are or are likely to be beyond the control of services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat”; and
WHEREAS, California Senate Bill 330, approved by the Governor on October 9, 2019, provided that California has a housing supply and affordability crisis of historic proportions, where “[t]he consequences of failing to effectively and aggressively confront this crisis are hurting millions of Californians, robbing future generations of the chance to call California home, stifling economic opportunities for workers and businesses, worsening poverty and homelessness, and undermining the state’s environmental and climate objectives”; and WHEREAS, the California legislature has acknowledged the importance of combating homelessness and the crisis of housing supply which is supported by California Labor Code Section 1720(c)(4) where prevailing wage rates do not apply to the construction of rehabilitation of affordable housing units for low or moderate income persons; and WHEREAS, in efforts to combat the housing crisis, the California Legislature has recognized that local governments play a key role in the development of affordable housing, evidenced by California Government Code Section 65584, which mandates California cities, towns and counties to undertake all necessary actions to promote and facilitate the development of housing for its residents, for all income levels; and WHEREAS, in conjunction with the State’s directives to combat homelessness and address the housing crisis, the City of San Bernardino (“City”) has designated significant resources
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Resolution No. 2023-028
Resolution No. 2023-028
February 1, 2023
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 combined forces of other political subdivisions to combat this crisis; and WHEREAS, the City has at any given time approximately 1,350 people experiencing homelessness Citywide; and
WHEREAS, according to City’s 2022 Point in Time Count, the number of people experiencing homelessness in the City increased dramatically in recent years, with an overall rise in homelessness of 175% since 2017; and
WHEREAS, people experiencing homelessness suffer disproportionately from mental and physical health ailments and require assistance from the City of San Bernardino, San Bernardino County Behavior Health Department, and other local, state, and federal health agencies and non- profit organizations to provide the necessary public services; and WHEREAS, the homelessness crisis confronting the City has grown both incrementally and exponentially, leading to death, illness, and deplorable living conditions; and WHEREAS, the State of California’s COVID-19 State of Emergency, which has provided resources to keep many San Bernardino residents from falling into homelessness, ends on February 28, 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 displacement of the number of people living on the streets of the City today is a daily recurring emergency, empowering the City Council to declare a state of emergency, no less than if the emergency was caused by an earthquake, fire, or flood; and WHEREAS, the City’s ability to mobilize local resources, coordinate interagency response, accelerate procurement of housing units, use mutual aid, and seek assistance and potential reimbursement by the State and Federal governments will be critical to successfully responding to this homelessness crisis; and
WHEREAS, during the pendency of the existence of a local emergency, the City Council shall retain its full authority to consider a variety of City ordinances to codify the measures necessary to address this homelessness crisis; and
WHEREAS, on October 27, 2022 the City Council conducted a Homeless Workshop; and WHEREAS, during the Homeless Workshop staff provided a goal for the City to have approximately 595 shelter beds. The City currently has only 170 active shelter beds, and is in immediate need of approximately 425 shelter beds to reach the goal of 595 shelter beds; and
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Resolution No. 2023-028
Resolution No. 2023-028
February 1, 2023
WHEREAS, notwithstanding that the City Council has been and is acting with urgency, including implementing of a Homeless Action Plan which provides a roadmap to house San Bernardino residents and building an unprecedented number of supportive housing units and shelter beds, an emergency declaration is necessary to mobilize resources, save lives, and provide for the public health, welfare, and safety of all; and
WHEREAS, the City will be setting up a Homeless Task Force, made up of City leaders, department heads, service providers and advocates that will meet regularly to monitor the Homeless Action Plan’s progress; and
WHEREAS, the City has responded to the rapid increase in its homeless population with unprecedented investments into homelessness solutions, including a commitment of over $20 million from its American Rescue Plan Act resources to fund the Homeless Action Plan; and WHEREAS, the magnitude of loss of life, the continued and disproportionate impact of the COVID-19 pandemic, and the persistent discriminatory impacts of a lack of housing warrant and necessitate that the City Council declare the existence of a local emergency; and WHEREAS, the benefits of this emergency declaration, coupled with past and future actions by the City Council to address the homelessness crisis, will help ensure that this local emergency will be of a temporary nature.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2.Pursuant to California Government Code Section 8630 and San Bernardino Municipal Code section 2.46.090(A)(1), the City Council hereby finds and proclaims the existence of a local emergency caused by conditions or threatened conditions of homelessness in San Bernardino which, if not corrected, constitutes a threat to the safety of persons and property within the territorial limits of the City beyond the control of the services, personnel equipment, and facilities of the City.
SECTION 3. The City Manager is hereby authorized to furnish information, to enter into agreements, including, but not limited to, applications and agreements for grant funding, and to take all actions necessary to obtain emergency assistance from State and federal agencies to implement preventive measures to protect and preserve the City within the scope of the local emergency hereby declared. Section 2.46.110 of the San Bernardino Municipal Code provides that any expenditures made in connection with the emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City. City staff are hereby directed to provide the City Council with a report of actions taken under this Resolution at the next practicable opportunity, and no less than on a monthly basis.
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Resolution No. 2023-028
Resolution No. 2023-028
February 1, 2023
SECTION 4. The City shall coordinate its efforts to address this proclaimed emergency with the other local jurisdictions, the County of San Bernardino, the State of California, and the federal government.
SECTION 5. The City of San Bernardino requests the Governor and State Legislature to declare a state of emergency to combat homelessness and direct resources to support the efforts of major cities in the State of California to address the problem.
SECTION 6. This Proclamation of Emergency shall sunset on February 1, 2024, subject to being renewed. The setting of a specific time frame allows for actions to be taken to make permanent, necessary structural changes. Pursuant to California Government Code Section 8630, the Mayor and City Council shall, by minute action, review the need for continuing the local emergency at least once every 60 days until it terminates the local emergency.
SECTION 7.Pursuant to Government Code section 3100, in protection of the health and safety and preservation of the lives and property of the people from emergencies which result in conditions of extreme peril to life, property and resources, all public employees are hereby declared disaster service workers subject to such disaster service activities as may be assigned to them by their superiors or by law.
SECTION 8.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 9. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 10. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 1st day of February, 2023.
________________________
Helen Tran, Mayor
City of San Bernardino
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Resolution No. 2023-028
Resolution No. 2023-028
February 1, 2023
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia R. Carvalho, City Attorney
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. _____, adopted at a regular meeting held at the 1st day of February, 2023 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this 1st day of February 2023. ______________________________
Genoveva Rocha, CMC, City Clerk
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ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
City of San Bernardino
Request for Council Action
Date: February 1, 2023
To: Honorable Mayor and City Council Members
From: Ben Reynoso, Council Member, 5th Ward
Department: Council Office
Subject: Increase lighting at parks citywide (All Wards) – Council Member Reynoso
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ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
City of San Bernardino
Request for Council Action
Date: February 1, 2023
To: Honorable Mayor and City Council Members
From: Theodore Sanchez, Council Member, 1st Ward
Department: Council Office
Subject: Consider repeal of Resolution 2020-265. Issue written notice directing the Planning Commission, in
accordance with Government Code 65853, to render
within 40 days its report on crushing restrictions of
unfinished materials within 1,000 feet of residentially- zoned property (All Wards) – Council Member
Sanchez
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