Loading...
HomeMy WebLinkAbout2020-01-21; City Council; ; Consideration of Declaration of Emergency Shelter Crisis@ CITY COUNCIL Staff Report Meeting Date: To: From: Staff Contact: Subject: Jan. 21, 2020 Mayor and City Council Scott Chadwick, City Manager Marissa Kawecki, Deputy City Attorney marissa.kawecki@carlsbadca.gov or 760-434-2891 Holly Nelson, Homeless Response Plan Program Manager holly.nelson@carlsbadca.gov David De Cordova, Principal Planner david.decordova@carlsbadca.gov or 760-602-4604 Consideration of Declaration of Emergency Shelter Crisis Recommended Action CA Review ~K.-, Consider and discuss a declaration of emergency shelter crisis in the City of Carlsbad. Executive Summary The City Council approved a minute motion on Oct. 22, 2019, put forth by Council Member Schumacher, seconded by Mayor Pro Tern Bhat-Patel, to direct staff to bring back an agenda item related to the declaration of an emergency shelter crisis, as follows: "There are two subcommittee recommendations, one is to bring back an agenda item related to the declaration of emergency shelters crisis, two is to refer these issues to the legislative committee. " This Staff Report addresses the first recommendation only, and explains the logistics and consequences of making such a declaration under the applicable state law, Government Code sections 8698 through 8698.2, based on information known at this time. At City Council direction, staff can return at a future meeting with more information or different information, that may require the hiring of external experts, more research by staff, and additional, other related costs. Discussion Under state law, a city can declare an emergency shelter crisis if its City Council finds that a significant number of people in the city lack the ability to find shelter, and that this situation has resulted in a threat to the health and safety of those persons (see Exhibit 1, Government Code sections 8698 through 8698.2, "Shelter Crisis"). The terms "significant number," "lack the ability Jan. 21, 2020 Item #6 Page 1 of 9 to find shelter" and "threat to the health and safety" are not clearly defined under state law. Before the City Council pursues making a declaration that requires these findings, staff would request the opportunity to conduct a more in-depth analysis to define these terms and their limitations. A shelter crisis can be declared to "allow persons unable to obtain housing to occupy designated public facilities during the duration of the state of emergency" (Government Code section 8698.2(b)). Public facilities are specifically defined as, "any facility of a political subdivision including parks, schools, and vacant or underutilized facilities which are owned, operated, leased, or maintained, or any combination thereof, by the political subdivision through money derived by taxation or assessment" (Government Code section 8698(c)). Under Government Code section 8698.l(a), a declaration of a shelter crisis would trigger the following conditions, effective only during the period of the emergency: 1. The city would be immune from liability for ordinary negligence in conditions, acts or omissions directly related to the provision of emergency housing. 2. All state and local regulations setting standards of housing, health or safety must 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." This section would only suspend those regulations on any additional public facilities opened to the homeless under a shelter crisis declaration. 3. A city has the option of enacting municipal health and safety standards in place of the suspended regulations to ensure minimal public health and safety during the period of emergency. This section would also only apply to additional public facilities opened to the homeless under a shelter crisis declaration. If the city declares a shelter crisis under this state law, the city may "take such action as is necessary to carry out the provisions of this chapter" (Government Code chapter 7.8, "Shelter Crisis"). The extent of such actions "as is necessary" is unclear at this time and would require additional staff research and analysis to attempt to define. In addition, staff will want to ensure any actions are consistent with the city's Council-adopted Homeless Response Plan. The city has taken a unique approach to addressing the needs/impacts of homeless residents which focuses on individualized assistance, and then a commitment and performance to move towards permanent rehousing. Staff's goal is to collaborate with our homeless residents to move them towards permanent rehousing, and not continue to simply provide or refer to services. Fiscal Analysis There are no fiscal impacts at this time. Should City Council direct staff to conduct additional research, staff will return with cost estimates at a future meeting date. 2 Jan. 21, 2020 Item #6 Page 2 of 9 Preparing a draft resolution declaring a shelter crisis would require additional staff time and staff will factor that if additional work is directed by City Council. The potentially more time-consuming and costlier component of such a declaration would be compiling the research needed for the City Council to make a "shelter crisis" finding under Government Code section 8698.2(a)(l) that: 1. The City of Carlsbad in fact has a "significant" number of homeless people; 2. These homeless people are "without the ability to obtain shelter;" and 3. "[T]he situation has resulted in a threat to the health and safety of those persons." Determination of factor one would require city staff to first compute an updated point-in-time count, among other potential research and analysis to determine the meaning and/or threshold of the term "significant." The Police Department's Homeless Outreach Team and other staff, contractors and/or private homeless service providers that operate in the city would then need to conduct an analysis of the homeless population who they have contacted and report back to the City Council on the percentage of these persons who are "without the ability to obtain shelter." It should be noted that Homeless Outreach Team officers often encounter people who refuse offers to help them find shelter, so it is debatable as to whether these persons could be deemed "without the ability to obtain shelter." That topic would need to be further explored by staff and the City Council. Finally, staff would need to research and report how the "situation has resulted in a threat to the health and safety" of homeless people in the city. This factor, too, may require additional research and analysis to define. Staff does not recommend that the City Council make the required findings unless they can be supported by field analysis and statistics. It is difficult to place a cost estimate on the production of this data and reporting without further direction from the City Council on the depth of analysis it would require to make these three legislative findings. I If an emergency shelter crisis declaration is made,the City Attorney's Office would recommend the adoption of a temporary alternative ordinance -or ordinances -consistent with Government Code section 8698.l(b). Again, such alternative ordinances would enact municipal health and safety standards to be in effect during the period of an emergency, to ensure minimal public health and safety. Without knowing the scope of a potential emergency shelter crisis to be declared by the City Council, it is difficult at this time to estimate staff costs and the time needed to draft such ordinances. However, the City Attorney's Office believes that this task can be completed in-house, without outside assistance. Next Steps Next steps are dependent on City Council direction. There are a number of efforts taking place in the near future that could also help inform a policy decision to declare a shelter crisis: 1) the 2020 Point-in-Time Count results, 2) status report on the city's Homeless Response Plan, 3) the 3 Jan. 21, 2020 Item #6 Page 3 of 9 Executive Order N-23-20 issued by the Governor Jan. 8, 2020, and 4) North County regional homeless action committee's goals to reduce the unsheltered homeless population 50% by 2022, and increase short-term and long-term housing options for people experiencing homelessness. Environmental Evaluation (CEQA) This is an informational report so, in keeping with Public Resources Code section 21065, this action does not constitute a "project" within the meaning of the California Environmental Quality Act (CEQA) in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require further environmental review. Exhibits 1. Government Code sections 8698 to 8698.2, Shelter Crisis 4 Jan. 21, 2020 Item #6 Page 4 of 9 T. 2, D. 1, Ch. 7.8, Refs & Annos, CA GOVT T. 2, D. 1, Ch. 7.8, Refs & Annos West's Annotated California Codes Government Code Title 2. Government of the State of California Division 1. General Cha ter .8. Shelter Crisis West's Ann.Cal.Gov.Code T. 2 , D. 1, Ch. 7.8, Refs &Annos Currentness West's Ann. Cal. Gov. Code T. 2, D. 1, Ch. 7.8, Refs & Annos, CA GOVT T. 2; D. 1, Ch. 7.8, Refs & Annos Current with all laws through Ch. 870 of2019 Reg.Sess. End of Document © 2020 Thomson Reuters. No claim to original U.S. Government Works. WESTLAW © 2020 Thomson Reuters. No claim to origina l U.S. Government Works. Jan. 21, 2020 Item #6 Page 5 of 9 Exhibit 1 § 8698. Definitions, CA GOVT § 8698 West's Annotated California Codes Government Code (Refs & Annos) Title 2. Government of the State of California Division 1. General Cha ter .8. Shelter Crisis Refs & Annos West's Ann.Cal.Gov.Code § 8698 § 8698. Definitions Effective: January 1, 2017 Currentness For purposes of this chapter, the following definitions shall apply: (a) "Political subdivision" includes the state, any city, city and county, county, special district, or school district or public agency authorized by law. · (b) "Governing body" means the following: (1) The Governor for the state. (2) The legislative body for a city or city and county. (3) The board of supervisors for a county. (4) The governing board or board of trustees for a district or other public agency. (5) An official designated by ordinance or resolution adopted by a governing body, as defined in paragraph (2), (3), or (4). (c) "Public facility" means any facility of a political subdivision including parks, schools, and vacant or underutilized facilities which are owned, operated, leased, or maintained, or any combination thereof, by the political subdivision through money derived by taxation or assessment. (d) "Declaration of a shelter crisis" means the duly proclaimed existence of a situation in which a significant number of WESTL.AW © 2020 Thomson Reuters. No claim to original U.S. Government Works. 2 Jan. 21, 2020 Item #6 Page 6 of 9 § 8698. Definitions, CA GOVT § 8698 persons are without the ability to obtain shelter, resulting in a threat to their health and safety. ( e) "Emergency bridge housing community" means any new or existing facilities, including, but not limited to, housing in temporary structures, including, but not limited to, emergency sleeping cabins consistent with the requirements of subdivision (h) of Section 8698.3 that are reserved for homeless persons and families, together with community support facilities, including, but not limited to, showers and bathrooms adequate to serve the anticipated number of residents all of which may be located on property leased or owned by a political subdivision. An emergency bridge housing community shall include supportive and self-sufficiency development services, have the ultimate goal of moving homeless persons to permanent housing as quickly as reasonably possible, and limit rents and service fees to an ability-to-pay formula reasonably consistent with the United States Department of Housing and Urban Development's requirements for subsidized housing for low-income persons. Credits (Added by Stats.1987, c. 1116, § 2, eff. Sept. 25, 1987. Amended by Stats.1988, c. 748, § l ; Stats.2016, c. 691 (A.B.2176), § 1, eff. Ja:n. 1, 2017.) West's Ann. Cal. Gov. Code§ 8698, CA GOVT§ 8698 Current with all laws through Ch. 870 of2019 Reg.Sess. End of Document © 2020 Thomson Reuters. No claim to original U.S. Government Works. WESTI.AW © 2020 Thomson Reuters. No claim to original U.S. Government Works. 3 Jan. 21, 2020 Item #6 Page 7 of 9 § 8698.1. Shelter crises; imm unity from liability; exemption from ... , CA GOVT § 8698.1 West's Annotated California Codes Government Code (Refs & Annos) Title 2. Government of the State of California Division 1. General Cha ter .8. Shelter Crisis Refs & Annos West's Ann.Cal.Gov.Code§ 8698.1 § 8698.1. Shelter crises; immunity from liability; exemption from standards Currentness Upon a declaration of a shelter crisis, the following provisions shall apply during the period of the emergency. (a) The political subdivision shall be immune from liability for ordinary negligence in the provision of emergency housing pursuant to Section 8698.2. This limitation of liability shall apply only to conditions, acts, or omissions directly related to, and which would not occur but for, the provision of emergency housing. This section does not limit liability for grossly negligent, reckless, or intentional conduct which causes injury. (b) The provisions of any state or local regulatory statute, regulation, or ordinance prescribing standards of 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. Political subdivisions may, in place of such standards, enact municipal health and safety standards to be operative during the housing emergency consistent with ensuring minimal public health and safety. The provisions of this section apply only to additional public facilities open to the homeless pursuant to this chapter. Credits (Added by Stats.1987, c. 1116, § 2, eff. Sept. 25, 1987.) West's Ann. Cal. Gov. Code§ 8698.1, CA GOVT§ 8698.l Current with all laws through Ch. 870 of2019 Reg.Sess. End of Document © 2020 Thomson Reuters. No claim to original U.S. Government Works. WESTLAW © 2020 Thomson Reuters. No claim to original U.S. Government Works 4 Jan. 21, 2020 Item #6 Page 8 of 9 § 8698.2. Declaration of shelter crisis, CA GOVT § 8698.2 West's Annotated California Codes Government Code (Refs & Annos) Title 2. Government of the State of California Division 1. General Cha ter .8. Shelter Crisis Refs & Annos West's Ann.Cal.Gov.Code§ 8698.2 § 8698.2. Declaration of shelter crisis Currentness (a)(l) The governing body may declare a shelter crisis, and may take such action as is necessary to carry out the provisions of this chapter, upon a finding by that governing body that a significant number of persons within the jurisdiction of the governing body are without the ability to obtain shelter, and that the situation has resulted in a threat to the health and safety of those persons. (2) For purposes of this chapter, the governing body of the state, in making a declaration of a shelter crisis pursuant to paragraph (1 ), may limit that declaration to any geographical portion of the state. (b) Upon a declaration of a shelter crisis pursuant to subdivision (a), the political subdivision may allow persons unable to obtain housing to occupy designated public facilities during the duration of the state of emergency. Credits (Added by Stats.1987, c. 1116, § 2, eff. Sept. 25, 1987.) West's Ann. Cal. Gov. Code§ 8698.2, CA GOVT§ 8698.2 Current with all laws through Ch. 870 of2019 Reg.Sess. End of Document <iJ 2020 Thomson Reuters. No claim to original U.S. Government Works. WESTLAW © 2020 Thomson Reuters. No claim to original U.S. Government Works 5 Jan. 21, 2020 Item #6 Page 9 of 9 Declaration of shelter crisis: An overview 1 Marissa Kawecki, Deputy City Attorney David De Cordova, Principal Planner Holly Nelson, Homeless Response Plan Program Manager January 21, 2020 Recommended Action Consider and discuss a declaration of emergency shelter crisis in the City of Carlsbad, pursuant to Oct. 22, 2019, City Council minute motion 2 Jan. 21, 2020 What is a “declaration of a shelter crisis?” “. . .a situation in which a significant number of persons are without the ability to obtain shelter, resulting in a threat to their health and safety.” -Gov’t Code section 8698(d) 3 Jan. 21, 2020 Key findings required “A situation in which a significant number of persons are without the ability to obtain shelter, resulting in a threat to their health and safety” -Gov’t Code section 8698(d) 4 Jan. 21, 2020 Who can declare a shelter crisis? State law says a “governing body” can declare a shelter crisis after making those three findings. Governing body: •State level -Governor •City level -City Council 5 Jan. 21, 2020 What happens if a city declares a shelter crisis? •City can “take such actions as is necessary” to carry out the provisions of the shelter crisis declaration chapter •City may allow persons unable to obtain housing to occupy designated public facilities* •City shall be immune from liability for ordinary negligence in conditions, acts or omissions directly related to the provision of emergency housing •City shall suspend all state and local regulations setting standards of housing, health or safety “to the extent that strict compliance would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis” •City may enact local health and safety standards in place of the suspended regulations to ensure minimal public health and safety during the emergency 6 Jan. 21, 2020 Current Local Zoning for Emergency Shelters •Carlsbad Municipal Code 21.32.070 - Standards for emergency shelters to protect health, safety, general welfare •CMC 21.32.010 -Permitted in M Industrial Zone * •CMC 21.34.020 -Permitted in P-M Planned Industrial Zone * *need conditional use permit 3 for 31+ beds 7 Jan. 21, 2020 Carlsbad’s Homeless Response Plan Homeless Response Plan goals: •Focus on permanent rehousing •Provides simultaneous services and case worker referrals 8 Jan. 21, 2020 Other Factors to Consider •Law enforcement involvement/impacts •Dynamic and evolving state laws concerning homelessness and housing with significant local impact (Exec. Order N-23-20) 9 Jan. 21, 2020 Next Steps •Await council’s direction •Other upcoming efforts that may inform a shelter crisis declaration: –Homeless Point-in-Time Count –Status report on city’s Homeless Response Plan –Exec. Order N-23-20 –North County Regional Homeless Action Committee goals 10 Jan. 21, 2020 Questions/ Discussion 11