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ORDINANCE NO. MC-1671
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
ADDING CHAPTER 9.50 TO ARTICLE IV OF TITLE 9 OF
THE SAN BERNARDINO MUNICIPAL CODE, REQUIRING
A NOTIFICATION OF TRANSPORT OF UNHOUSED
PERSONS WHO LACK A FIXED, REGULAR, AND
ADEQUATE NIGHTTIME RESIDENCE TO THE CITY OF
SAN BERNARDINO
WHEREAS, the City of San Bernardino, California (“City”) is a chartered city and municipal corporation, duly organized under the California Constitution and laws of the State of California; and
WHEREAS, homelessness continues to be one of the largest social challenges facing our community; and
WHEREAS, homelessness is a regional issue because the geographic distribution of homelessness reveals stark disparities, with a significant portion concentrated in populous communities that have homeless shelters and provide supportive services. In order to fairly address these issues, public agencies need to partner and work together collaboratively to focus on creating long-term solutions instead of disproportionately burdening the cities that provide more robust homeless services than their neighboring public agencies; and WHEREAS, Welfare and Institutions Code § 17000 provides: “Every county and every city and county shall relieve and support all incompetent, poor, indigent persons, and those incapacitated by age, disease, or accident, lawfully resident therein, when such person are not supported and relieved by their relatives or friends, by their own means, or by state of private institutions”; and
WHEREAS, Government Code § 65580 requires all local governments “…to facilitate the improvement and development of housing to make adequate provision for the housing needs of all economic segments of the community.” Government Code § 65583(a)(7) also requires public entities to conduct an analysis of special housing needs including housing for those who are in need of emergency shelter; and
WHEREAS, Every public agency is legally responsible to support their own indigent population; and
WHEREAS, the City Council is committed to protecting the life, health, and safety of its residents. As a result, the City has invested money in building several homeless shelters, motel voucher programs, rapid rehousing programs, and more; and WHEREAS, the City has experienced significant increases in homelessness in recent years. The City is home to a number of governmental and non-profit homeless service providers Ordinance No. MC-1671
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which contribute to an influx of unhoused individuals who originate from neighboring public agencies and come to the City; and
WHEREAS, the City’s 2026 Point-in-time count reported that 1,172 people were experiencing unsheltered homelessness within the City; and WHEREAS, when other public agencies and other organizations drop unhoused individuals from other jurisdictions into the City, it ends up creating a nuisance for the City because some unhoused individuals from other jurisdictions end up refusing services, going back onto the streets, and committing crimes. Often the City has to expand public funds to abate homeless encampments. Because dropping unhoused individuals in the City causes more unhoused individuals from other places of origin to remain in the City, it places a huge financial burden on the City to address the issues the drop-offs create; and WHEREAS, an influx of unhoused individuals from neighboring public agencies and other organizations take allocated resources away from those unhoused individuals who the City is legally responsible to serve. Individuals transported to and dropped in the City without a stable housing plan increases the City’s need for shelter, street base services and further contributes to the City’s housing instability; and
WHEREAS, in order to mitigate the financial burden and negative impacts to the City of unhoused individuals being dropped within its jurisdiction, it is necessary to establish coordination with service providers and increase access to housing navigation, case management, and behavioral health support, which can significantly reduce the likelihood of individuals suffering chronic homelessness from returning to the streets; and WHEREAS, there are significant costs to the City to provide services when one unhoused person is dropped into our community without any coordination and ends up on the streets; and WHEREAS, the minimal reporting requirements of this Ordinance will provide information necessary for the City: (1) to coordinate the City’s limited resources available to address the needs of those facing housing instability; (2) to mitigate the health and safety impacts associated with housing instability; (3) to identify the place of origin of unhoused persons being transported into the City to facilitate dialogue between jurisdictions and other organizations to address the underlying conditions causing the inflow and to request the allocation of funding necessary to not overburden the City; and
WHEREAS, this Ordinance does not prohibit any person or organization from directly providing support services to a person who is unhoused or from assisting a person who is unhoused with acts related to basic survival as outline in California Government Code Section 53069.44, including providing food/water/blankets/pillows/items to protect from the elements and items for immediate personal health and hygiene.
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this reference.
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SECTION 2.Chapter 9.50 is hereby added to the City of San Bernardino Municipal Code to state, in full, as provided in Exhibit A, attached hereto and incorporated herein by this reference.
SECTION 3.Certification. City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under Section 36933 of the Government Code of the State of California.
SECTION 4. CEQA. The Mayor and City Council finds this Ordinance 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 5.Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.
SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2026.
Helen Tran, Mayor
City of San Bernardino
Attest:
Telicia Lopez, CMC, City Clerk
Approved as to form:
Albert J. Maldonado, City Attorney
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1671, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 16th day of September 2026. Ordinance No. MC-1671 was approved/ passed and adopted at a regular meeting held the XX day of , 2026 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2026.
Telicia Lopez, CMC, City Clerk
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EXHIBIT A
Chapter 9.50: NOTIFICATION OF TRANSPORT OF UNHOUSED PERSONS TO THE CITY
Section 9.50.010 Purpose.
This ordinance shall be known as the Notification of Transport of Unhoused Persons Who Lack a Fixed, Regular and Adequate Nighttime Residence. The purpose of this ordinance is to:
(A)Identify the place of origin for persons who lack a fixed, regular, and adequate nighttime residence in the City;
(B) Identify any county, city, other governmental entity, or other organization including but not limited to non-profits that transports persons who lack a fixed, regular, and adequate, nighttime residence in the City;
(C) Require government agencies and other organizations to aid such persons by providing shelter, care, outreach, and other homelessness-related resources in their own jurisdictions rather than simply just transporting these individuals to the City; (D)Manage and prioritize the City’s limited homelessness-related resources (including shelter, outreach, and supportive services) for the benefit of individuals who reside in or originate from the City; and
(E) Prevent government agencies and other organizations from engaging in cruel and inhumane treatment of unhoused individuals by merely dumping them in the City without any coordinated plan for services.
Section 9.50.020 Duty to Notify of Transfer of Unhoused Persons Who Lack a Fixed, Regular, Adequate Nighttime Residence.
All government entities, organizations, including non-profit organizations, shall comply with the follow regulations:
(A)Pre-scheduled drop-offs can only occur during normal business hours 8:00 a.m. to 5:00 p.m. Sunday through Saturday.
(B) Before any government entity, other organization, or employee or agent acting on behalf of any governmental entity or other organization can transport and drop off an unhoused individual who lacks a fixed, regular, and adequate nighttime residence on public property or private property that is accessible to the public in the City, the government entity, organization, or employee/agent acting on behalf of any governmental entity or other organization shall notify in writing via email the Deputy Director of Housing & Homelessness of the transport and drop-off 24 hours in advance of the occurrence to ensure proper coordination so that the individual goes into supportive services and does not end up living on the streets in the City. When a public entity or other organization notifies the Ordinance No. MC-1671
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City of an upcoming drop-off, they must provide the following written information (“Initial Notice”) to the City to ensure continuity of services:
1. The name, address, phone number, and email address of the government entity or organization providing the notice;
2. The date and time of the notice;
3. The staff person submitting the notice;
4. The full name (first name, middle initial, and last name), date of birth, and phone number of the individual being transported and/or dropped off;
5. The location where the person named is being transported from;
6. The reason for transport (shelter placement, family reunification, medical/behavioral health, other);
7. The name, address, and email address of the organization to whom the person being transported is being delivered;
8. Whether the organization receiving the person being transported has confirmed the acceptance of the person prior to being transported;
9. A list of any conditions that the organization receiving the person being transported requires prior to their acceptance of that person;
10. The name and title of the staff person who has agreed to receive the person being transported;
11. The expected date, time, and mode of transportation by which the person is being transported;
12. The names and titles of staff members accompanying the person being transported;
13. The criminal justice status of the person being transported (i.e. Probation/Parole and if applicable in which county);
14. Whether the person being transported is registered on the Sex Offender Registry as per Cal. Penal Code § 290; and
15. Whether the person being transported is registered as an Arson Offender as per Cal. Penal Code § 457.1.
(C) 24 hours after submitting notice, as per Section 3 Subsection B above, and/or after any government entity, organization, or any employee or agent acting on behalf of any governmental entity or organization transports and/or drops off an unhoused individual who lacks a fixed, regular, and adequate nighttime residence on public property or private Ordinance No. MC-1671
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property that is accessible to the public in the City, the employee/agent acting on behalf of any governmental entity or other organization shall send via email a drop-off confirmation notification (“Confirmation Notice”) to the Deputy Director of Housing & Homelessness of San Bernardino of the status of the transport/drop off to ensure proper coordination so that the individual goes into supportive services and does not end up living on the streets of San Bernardino. The Confirmation Notice shall include:
1. The name of the individual who was transported;
2. The exact drop off location of the person who was transported;
3. The date and time of the drop-off;
4. Whether the person who was being dropped off was successfully placed into the services;
5. The name and title of the staff member that accepted the person being dropped- off into their services; and
6. If the person was not successfully transported and placed into services, an explanation of why the person was not transported successfully, including a description of what happened to the person, and whether any follow-up contact has been scheduled.
(D)A person “lacks a fixed, regular, and adequate nighttime residence within Section 3 Subsection B when a person has a nighttime residence:
1. That is not meant for habitation; or
2. Lives in a publicly or privately operated shelter designed to provide temporary living arrangements; or
3. Is exiting an institution where he/she/they resided for ninety days or less and who resided in an emergency shelter; or
4. Is exiting a detention center in the City without having a primary nighttime residence to return to upon release.
(E) Subsection A shall not prohibit the following activities:
1. Transporting a person to be booked into a county jail or admitted into a county- designated custody alternative facility; or
2. Transporting a person to be treated at a licensed hospital or medical facility; or
3. Transporting a person to attend a verified appointment with a government or non-profit social service provider; or
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4. Transporting a person to attend a verified hearing at the San Bernardino County Superior Court; or
5. Any transportation undertaken by the City within the City; or
6. The operations of a governmental provider of public transportation.
Section 9.50.030 Enforcement. Any person, governmental entity, agency, or other organization who transports an unhoused individual into the City of San Bernardino and who fails to comply with the provisions set forth shall be subject to person who violates any provision of this Chapter may be issued an administrative citation in accordance with Chapter 9.92 of the City’s Municipal Code for each day of non-compliance. It is unlawful and declared a public nuisance to violate any provision of this Chapter. The City may also enforce violations of this Chapter by administrative civil penalties, nuisance abatement, civil action, or any other remedy authorized by law. The remedies, procedures, and penalties contained herein are cumulative to each other and to any other remedies, procedures, and penalties available under City, State, or Federal Law.