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HomeMy WebLinkAboutCC RESO 2018-185RESOLUTION NO. 2018 — 185 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING A SHELTER CRISIS IN THE CITY OF NATIONAL CITY WITHIN THE MEANING OF GOVERNMENT CODE SECTION 8698, ET SEQ., AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY HOMELESS EMERGENCY AID PROGRAM (HEAP) APPLICATIONS, AGREEMENTS AND ASSOCIATED DOCUMENTS NECESSARY TO APPLY FOR AND SECURE HEAP FUNDS TO ADDRESS SAID SHELTER CRISIS AS PROVIDED FOR IN SENATE BILL 850 (CHAPTER 48, STATUTES OF 2018 AND GOVERNMENT CODE SECTION 8698.2) WHEREAS, California's Governor Edmund G. Brown, Jr. and the members of the California Legislature (the "Legislature") have recognized the urgent and immediate need for funding at the local level to combat homelessness; and WHEREAS, the Governor and the Legislature have provided funding to local governments under the Homeless Emergency Aid Program as part of SB 850 and the 2018-19 Budget Act (Chapter 48, Statutes of 2018); and WHEREAS, the Governor and Legislature require jurisdictions seeking an allocation through the Homeless Emergency Aid Program to declare a shelter crisis ("Shelter Crisis") pursuant to Government Code Section 8698.2; and WHEREAS, the City of National City (the "City") has undertaken multiple efforts at the local level to combat homelessness; and WHEREAS, the 2018 Regional Task Force on the Homeless Point -In -Time Count, conducted on January 26, 2018, identified a total of 294 homeless persons within the City, equating to approximately 3.2% of the entire homeless population in the San Diego region; and WHEREAS, 276 of the 294 total homeless persons counted were unsheltered within the City, living on City streets, in canyons, riverbeds, parks, or in vehicles; and WHEREAS, the City finds that the number of homeless is significant, and these persons are without the ability to obtain shelter and are at risk of injury and harm due to exposure to the elements and other health, safety, and welfare -related circumstances and consequences associated with living outside; and WHEREAS, the impact of homeless overnight lodging in City parks and on public sidewalks, parking lots, canyons, and riverbeds has an effect on physical environmental resources, as well as on the use and enjoyment of public spaces for their intended purposes by the public at -large; and WHEREAS, such homeless overnight lodging in public spaces also has an adverse effect on the health and safety of the people in the City, including the homeless population; and Resolution No. 2018 — 18 5 October 16, 2018 Page Two WHEREAS, the City Council affirms the City of National City's commitment to combatting homelessness and creating or augmenting a continuum of shelter and service options for those living without shelter in our communities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, finds that a Shelter Crisis pursuant to Government Code Section 8698.2 exists in National City because the substantial unsheltered homeless population in the City is at risk of injury and harm due to exposure to the elements and other health, safety and welfare -related circumstances and consequences associated with living outside, and because the impact of homeless overnight lodging in City parks and on public sidewalks, parking lots, canyons, and riverbeds has an effect on physical environmental resources, as well as on the use and enjoyment of public spaces for their intended purposes by the public at -large, and such homeless overnight lodging in public spaces also has an adverse effect on the health and safety of the people in the City;. BE IT FURTHER RESOLVED that the City Council of the City of National City hereby authorizes the City of National City's participation in the Homeless Emergency Aid Program (HEAP) as part of Senate Bill 850 and the 2018-19 Budget Act (Chapter 48, Statutes of 2018), directs the City Manager, or her designee, to prepare all necessary documents and do any actions as required for the City's participation in the HEAP, and authorizing the City Manager, or her designee, to execute any HEAP application, agreement, and all associated documents, and other actions necessary for the City's participation. BE IT FURTHER RESOLVED by the City Council of the City of National City that the declaration of a Shelter Crisis implements the provisions of Government Code Section 8698.1(b) which provides that, for the term of the Shelter Crisis, "the provisions of any state or local regulatory statute, regulation, or ordinance prescribing standards for housing, health, or safety 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." The provisions of Government Code Section 8698.1(b) apply only to additional public facilities open to the homeless pursuant to Government Code Section 8698 et. seq. BE IT FURTHER RESOLVED that the City Council of the City of National City hereby authorizes the City Manager, pursuant to Government Code Section 8698.1(b), at the City Manager's discretion and with City Council approval, to establish and apply interim health and safety provisions and land use controls (collectively referred to "health and safety standards") to impacted public facilities to ensure minimal public health and safety. BE IT FURTHER RESOLVED by the City Council of the City National City that this Resolution shall remain in effect until May 31, 2021. [Signature Page to Follow] Resolution No. 2018 — 18,5 Page Three PASSED and ADOPTED this 16th day of October, 2018. Morrison, Mayor ATTEST: T Michael Rl'a la, City Clerk APPROVED AS TO FORM: orris-Jone • C/Attorney Passed and adopted by the Council of the City of National City, California, on October 16, 2018 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City Clerk of the City of National City, California I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2018-185 of the City of National City, California, passed and adopted by the Council of said City on October 16, 2018. City Clerk of the City of National City, California By: Deputy