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HomeMy WebLinkAboutD-1 Staff Report - Emergency Proclamation HomelessnessEmergency Proclamation Homelessness June 5, 2023 Page 1 SCHEDULED ITEM D-1 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: LUCY DEMIRJIAN, PROJECT MANAGER DATE: JUNE 5, 2023 SUBJECT: CONSIDERATION OF ADOPTION OF A RESOLUTION PROCLAIMING A LOCAL EMERGENCY CAUSED BY THE HOMELESS CRISIS BACKGROUND: The City of Azusa has experienced an exponential increase in homeless population and recognizes, if not addressed, there exists an imminent and proximate threat to the safety of persons and property within the City. The City’s annual point-in-time homeless count, conducted through the Los Angeles Homeless Services Authority (LAHSA), demonstrates the number of individuals experiencing homelessness in Azusa has increased dramatically in recent years. This increase has been significantly amplified with the opening of the Los Angeles County Metro L Line (Gold Line), which Azusa is currently the terminus of with two existing rail stops at Azusa Downtown and APU/Citrus. The 2021 count was postponed due to COVID-19 concerns. LAHSA’s 2023 point-in-time count data will not be available until later this year. Approved City Council June 5, 2023 Resolution No. 2023-C27 Emergency Proclamation Homelessness June 5, 2023 Page 2 In addition to the County’s homeless count, which provides valuable data on overall numbers and trends across the region, the City contracted with CityNet, an organization that specializes in conducting in-depth census’ of unsheltered homeless individuals through comprehensive counts and in-person interviews. In April 2022, CityNet conducted a census of unsheltered homeless individuals in Azusa, both within the City-proper and the Azusa Riverbed, to gather detailed information including demographics, what services they require and are open to receiving, whether they have family or other support networks in the area, and where they came from (and how) if not originally from Azusa. The Census data indicates that Azusa’s current total unsheltered population falls at 181 - with approximately 57 individuals residing within the Azusa Riverbed, and the remaining 124 individuals identified living unsheltered on City streets (non-Riverbed). Of the total 181 unsheltered individuals identified: • 68% are male, 32% are female, with a majority of individuals being between 35-54 years of age. • 27% of respondents expressed interest in shelters and 69% of respondents expressed interest in case management. • 86% of respondents report they sleep in Azusa, while 30% of respondents report last permanent residence was Azusa. 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 monetary relief and housing protections to help residents from falling into homelessness, have ended. Homelessness has various local impacts on a community which extend beyond the individual. From safety and security concerns; to impacts on local small businesses and the overall attractiveness of the downtown; to upkeep of community assets such as parks, plazas and City facilities; to impacts on emergency calls for service and current staffing levels – addressing these issues reactively continues to be a costly endeavor for all cities. The Azusa Police Department has experienced an increase in calls related to the growing homeless population in both commercial and residential areas of the City. These calls include violent crimes, theft, trespassing, and property damage. The areas surrounding the Goldline stations, Azusa/Santa Fe and APU/Citrus, have seen the largest increase in calls for service related to the unsheltered population. Businesses such as Target deal daily with the unsheltered population. In 2022, Target had over 1,054 calls for service. A majority of the calls involve the unsheltered stealing, causing a disturbance or vandalizing property. In the Rosedale Community surrounding the APU/Citrus station there have been over 98 calls for service related to unsheltered individuals. The Code Enforcement Division reported 312 homeless related calls for service in calendar year 2022. These calls range from direct contact with homeless individuals, encampments, abandoned belongings, encroachment on property or public right of way. In addition, the Library has also seen a rise in patrons who are homeless or at risk, seeking services in or around the Azusa community. Emergency Proclamation Homelessness June 5, 2023 Page 3 RECOMMENDATION: Staff recommends the City Council consider the following action: 1) Consider and provide direction regarding adopting a resolution declaring a Local State of Emergency Caused by the Homeless Crisis. ANALYSIS: The City has already taken a number of actions to begin to address the increase in homelessness, demonstrating a real commitment to addressing homelessness in the City, but more must be done, with urgency. Given the escalating homelessness crisis, it is critical to be able to move quickly and efficiently to expand housing and services. Emergency Declaration Article II of the Azusa Municipal Code empowers the City Manager, as the Director of Emergency Services (“Director”), to request that the City Council proclaim the existence or threatened existence of a local emergency. This aligns with recent actions taken by the City of Culver City, City of Santa Monica, County of Los Angeles, City of Los Angeles, and City of Long Beach that have each declared or proclaimed a local emergency to address homelessness. Such declaration provides the City with the following benefits: • Greater flexibility to reassign staff resources to specific focus areas as needed, such as: o Increased ability to hire or contract critical roles, including candidates with specific expertise necessary to serve in the emergency response; o Authorizes cross-departmental teams to collaborate on citywide initiatives and strengthen partnerships within the region, including working with surrounding jurisdictions to work cohesively toward the goal of reducing homelessness; o Existing City employees to become designated disaster workers; o Allows the Director to issue directives and orders necessary for the protection of life and property; o Authorizes the Director 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. • Increased ability to procure needed services, material and labor, such as: o Justification for expedited contracting, procurement of supplies, and construction to improve interim and permanent housing opportunities – including improvements to existing building, construction of new shelters and/or tiny homes. • Greater flexibility in promulgating urgency zoning ordinances to amend the City’s development code to allow: o Establishment of alternative local standards and procedures for the construction of homeless shelters if required; Emergency Proclamation Homelessness June 5, 2023 Page 4 o Streamline of 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. o 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. • Provides employees with broad immunity from any claim arising out of the exercise or performance, or the failure to exercise or perform, a discretionary act or duty arising out the provisions of the local emergency. The City has already implemented a diverse set of strategies to identify the most vulnerable on our streets. Through the City’s HALO program officers and employees repeatedly engage them to establish trust and address their needs, connect them with appropriate medical and behavioral health services, and move them into housing while working closely with first responders to keep our community safe. Despite these efforts, more is needed. In accordance with California Government Code, Section 8630(c), the emergency declaration requires the City Council to review the need for continuing the local emergency at least every 60 days until the City Council terminates the local emergency. FISCAL IMPACT: There is no fiscal impact to declaring a state of emergency. Prepared By: Reviewed and Approved: Lucy Demirjian Sergio Gonzalez Project Manager City Manager Attachments: 1. Emergency Declaration Resolution No. 2. Azusa Municipal Code, Article II 1 RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DECLARING THE EXISTENCE OF A LOCAL EMERGENCY RELATING TO HOMELESSNESS IN THE CITY OF AZUSA WHEREAS, California Government Code 8630, et seq., and Chapter 26 of Section 26-4 of the Azusa Municipal Code provide that the Azusa City Council (City Council) may proclaim local emergencies; and, WHEREAS, the City Council has been requested by the Director of Emergency Services to proclaim the existence of a local emergency related to the number of persons experiencing homelessness in the City of Azusa; and, WHEREAS, in conjunction with the State’s directives to combat homelessness and address the housing crisis, the City of Azusa (“City”) has designated significant resources 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 number of individuals experiencing homelessness in the City has drastically increased over the last decade. WHEREAS, the City’s annual point-in-time homeless count conducted through the Los Angeles Homeless Services Authority (LAHSA) shows significant increase in the homeless population since the Metro L Line stations in Azusa (Azusa Downtown and APU/Citrus) were put into service in 2016; and WHEREAS, all City Departments have encountered or experienced a rise in concerns related to people experiencing homelessness or at risk of homelessness, seeking services in or around the Azusa community; and WHEREAS, the Azusa Police Department has experienced an increase in calls related to the growing homeless population in both commercial and residential areas of the City, including violent crimes, theft, trespassing, and property damage; and WHEREAS, the Code Enforcement Division has reported an increase in homeless related calls for service including encampments, abandoned belongings, encroachment on property or public right of way; and WHEREAS, the City has dedicated significant resources and funding toward safety and security measures, including security monitoring cameras and uniformed unarmed security services in public facilities and parks; and Attachment 1 2 WHEREAS, the City’s economic vitality is further challenged as local small businesses are directly impacted by the crisis and the commercial corridor struggles to attract new businesses’ and WHEREAS, the City desires to reduce risk of damage to facilities and infrastructure critical to the functions and operation of the City including emergency response; and WHEREAS, notwithstanding the City’s continued commitment to addressing the homeless crisis, including dedication of funding from the American Rescue Plan Act, implementation of a Homeless Action Plan, and investments into homelessness solutions, programs, and initiatives, an emergency declaration is necessary to mobilize resources, faster and with urgency, for the public health, welfare, and safety of all; 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, Government Code section 8630(c) requires the governing body to review the need for continuing the local emergency at least every 60 days until the governing body terminates the local emergency; NOW, THEREFORE, IT IS HEREBY PROCLAIMED that: 1. That the above recitals are true and correct and based thereon, hereby finds that [DESCRIBE CONDITIONS] impairs the public health safety within the City of Azusa and constitutes conditions of extreme peril to the safety of persons and property within the City of Azusa; and 2. That these conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City of Azusa; and 3. That the conditions of extreme peril warrant and necessitate the extension of the proclamation of the existence of a local emergency. IT IS FURTHER HEREBY PROCLAIMED AND ORDERED that a local emergency exists throughout the City of Azusa; and IT IS HEREBY FURTHER PROCLAIMED AND ORDERED that during the continued threatened existence and actual existence of the local emergency, the powers, functions and duties of the Director of Emergency Services and the emergency organization of the City shall be those prescribed by state law, by ordinances and resolutions of the City and approved by the City Council. 3 IT IS FURTHER PROCLAIMED AND ORDERED that a copy of this Resolution be forwarded to the Los Angeles County Office of Emergency Management, to be forwarded to the Director of California Governor’s Office of Emergency Services, requesting that the Director find it acceptable in accordance with State law; and that the Governor issue a proclamation declaring an emergency in Los Angeles County; that the Governor waive regulations that may hinder response and recovery efforts; that recovery assistance be made available under the California Disaster Assistance Act; and that the State expedite access to State and Federal resources and any other appropriate federal disaster relief programs; and IT IS FURTHER PROCLAIMED AND ORDERED that this Resolution shall take effect immediately. PASSED, APPROVED and ADOPTED this 5th day of June, 2023. Robert Gonzales Mayor ATTEST: Jeffrey Lawrence Cornejo, Jr. City Clerk 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Resolution No. 2023- was duly adopted by the City Council of the City of Azusa, at a meeting thereof held on the ____ day of June 2023, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Jeffrey Lawrence Cornejo, Jr. City Clerk APPROVED AS TO FORM: Marco A. Martinez City Attorney Best Best & Krieger LLP 6/1/23, 4:08 PM Azusa, CA Code of Ordinances about:blank 1/5 (a) (b) ARTICLE II. - CITY COUNCIL Footnotes: --- (2) --- State Law reference— Organization of council, Government Code § 34900; scheduling and content of city council meetings, Government Code §§ 36805—36812. DIVISION 1. - GENERALLY Sec. 2-26. - Composition; election. The city council shall consist of the mayor and four city councilmembers, all of whom shall be elected at the time and in the manner provided by law. The successors of all initial officers will be elected by the city electors at a general municipal election. (Code 1971, § 2.04.001) Sec. 2-27. - Mayor's term. The mayor shall hold office for two years from the Tuesday succeeding his election and until his successor is elected and qualifies. (Code 1971, § 2.04.002) Sec. 2-28. - Councilmembers' terms. Each city councilmember shall hold office for four years from the Tuesday succeeding his election and until his successor is elected and qualifies. (Code 1971, § 2.03.003) Sec. 2-29. - Location and time of meetings. The city council shall hold its meetings in the Civic Auditorium of the city, 213 E. Foothill Blvd., Azusa; provided, however, that the council may order a meeting to be held at another location if necessary or convenient for the conduct of city business. The council shall, by resolution, set the day and time for council meetings. (Code 1971, § 2.04.010) Sec. 2-30. - Compensation. Attachment 2 6/1/23, 4:08 PM Azusa, CA Code of Ordinances about:blank 2/5 (1) (2) (3) (4) (5) Each member of the city council shall receive a salary of $250.00 per month, payable each month on or about the last day of such month, and subject to such change as may be provided by Government Code § 36516. (Code 1971, § 2.04.030) Sec. 2-31. - Mayor's compensation. The mayor shall receive a salary of $250.00 per month, payable each month on or about the last day of each month. The salary of the mayor may be changed in the manner provided by law. (Code 1971, § 2.04.040) State Law reference— Authority, Government Code § 36516.1. Sec. 2-32. - Appointment and removal of members of city commissions and boards. The appointment of persons to and the removal of members from the planning commission, parks and recreation commission, cultural and historical landmark commission, personnel board, public library commission and such other bodies as the council may designate as a board or commission shall be in accordance with the following procedures: At least ten working days prior to selection of a person to fill a vacancy on a board or commission, the council shall announce the vacancy and shall establish a period for the filing of applications by persons interested in filling the vacancy. All persons interested in filling the vacancy, including incumbents, shall file an application on a form approved by the council within the designated filing period. A person may file one application for all vacancies which may occur on particular boards or commissions within the calendar year that the application is received, provided that a new application must be filed for vacancies in succeeding calendar years. Following the end of the filing period described in subsection (1), the city council may interview the candidates in a manner as it may establish from time to time, and, with a majority vote, shall appoint a person from the applications submitted and interviews who, in their judgment, is best qualified to fill the vacancy. Members of boards and commissions appointed by a majority vote of the council shall serve at the pleasure of the mayor and council and may be removed from office for reason by a majority vote of the council. Commission or board members shall hold office until their reappointment or until their successors have been appointed and have qualified. If a vacancy shall occur other than by expiration of term, it shall be filled by appointment for the unexpired portion of the term, 6/1/23, 4:08 PM Azusa, CA Code of Ordinances about:blank 3/5 (1) (2) (3) pursuant to this section. (Code 1971, § 2.04.050; Ord. No. 94-06, §§ 1—3, 7-18-94; Ord. No. 05-05, § 1, 5-2-05) Sec. 2-33. - Appointment of substitute reviewing body. If the services of a commission, board, or other reviewing body previously appointed by the city council are required but the reviewing body no longer exists because of a lack of membership or the body has been dissolved, the city council may appoint another existing reviewing body, including the city council itself, to perform the required duties. (Ord. No. 99-019, § 1, 11-15-99) Secs. 2-34—2-50. - Reserved. DIVISION 2. - RULES OF PROCEDURE Sec. 2-51. - Purpose. In adopting this division, the city council finds, determines and declares that: In order to govern the city in an efficient but fair manner, the council must adopt rules of public decorum that enable the public to address issues before the council on its agenda or of concern to the community. The public expects the city council meetings to be conducted in a reasoned and deliberative manner so that the issues before the council can be debated in a careful and thorough manner while preserving the council meetings as a forum for the full and complete discussion of all points of view. Accordingly, any persons in attendance at the city council meeting shall be quiet during the proceedings and shall obey the rules set forth in this division in order to preserve and to protect the rights of the public for participation in city government and to enable the council to conduct public business in a fair and efficient manner. In adopting this division, it is the intent of the council to prohibit actions which disrupt, disturb or otherwise impede the orderly conduct of the council meeting. (Code 1971, § 2.04.060(A)) Sec. 2-52. - Decorum generally. Meetings of the city council shall be conducted in an orderly manner to ensure that the public has a full opportunity to be heard and that the deliberative process of the council is retained at all times. The presiding officer of the council shall be the mayor or, in his absence, the mayor pro tempore or, in their 6/1/23, 4:08 PM Azusa, CA Code of Ordinances about:blank 4/5 (1) (2) (3) (4) (5) absence, another member so designated by the council, who shall be responsible for maintaining the order and decorum of meetings. (Code 1971, § 2.04.060(B)) Sec. 2-53. - Rules of decorum. While any meeting of the city council or of another entity for which the council is the legislative body is in session, the following rules of order and decorum shall be observed: Councilmembers. The members of the city council shall preserve order and decorum, and a member shall not by conversation or other means delay or interrupt the council proceedings or disturb any other member while speaking. City staff members. Employees of the city shall observe the same rules of order and decorum as those which apply to the members of the council. Persons addressing council. Each person who addresses the council on any item shall do so in an orderly manner and shall not make personal, impertinent, slanderous or profane remarks to any member of the council, staff or general public which disrupts, disturbs or otherwise impedes the orderly conduct of council meetings. Any person who makes such remarks or who utters loud, threatening, personal or abusive language or engages in any other disorderly conduct which disrupts, disturbs or otherwise impedes the orderly conduct of any council meeting shall, at the discretion of the presiding officer or a majority of the council, be barred from that council meeting. Time limit on speaking. Persons addressing the council on agenda and public participation items shall have a maximum of five minutes to speak. The time spent on questions from councilmembers or discussions by councilmembers shall not be charged to the five-minute time. The mayor or presiding officer may, with the consent of the council, extend the speaker's time. Members of audience. No person in the audience at a council meeting shall engage in disorderly or boisterous conduct, including the utterance of loud, threatening or abusive language, whistling, stamping of feet or other acts which disturb, disrupt or otherwise impede the orderly conduct of any council meeting. Any person who conducts oneself in such manner shall, at the discretion of the presiding officer or a majority of the council, be barred from that council meeting. (Code 1971, § 2.04.060(C)) Sec. 2-54. - Enforcement of decorum. The rules of decorum set forth in section 2-53 shall be enforced in the following manner: 6/1/23, 4:08 PM Azusa, CA Code of Ordinances about:blank 5/5 (1) (2) (3) (4) (5) (6) Warning. The mayor or presiding officer shall request that a person who is breaching the rules of decorum be orderly and silent. If, after receiving a warning from the mayor or presiding officer, a person persists in disturbing the meeting, the presiding officer shall order him to leave the council meeting. If such person does not leave, the presiding officer may order any law enforcement officer who is on duty at the meeting to remove that person from the council chambers. Removal. Any law enforcement officer shall carry out all lawful orders and instructions given by the mayor or presiding officer for the purpose of maintaining order and decorum at the council meeting. Resisting removal. Any person who resists removal by a law enforcement officer shall be charged with a violation of this division. Penalty. Any person who violates any provision of this division shall be guilty of a misdemeanor and shall be subject to the penalty provided in section 1-10. Motion to enforce. If the mayor or presiding officer of the council fails to enforce the rules set forth in section 2-53, any member of the council may move to require him to do so, and an affirmative vote of a majority of the council shall require him to do so. If the mayor or presiding officer of the council fails to carry out the will of a majority of the council, the majority may designate another member of the council to act as presiding officer for the limited purpose of enforcing any rule of this division which it wishes enforced. Adjournment. If a meeting of the council is disturbed or disrupted in such a manner as to make infeasible or improbable the restoration of order, the meeting may be adjourned or continued by the mayor or presiding officer or a majority of the council, and any remaining council business may be considered at the next meeting. (Code 1971, § 2.04.060(D)) Sec. 2-55. - Other rules. The council may, by resolution, provide for the order of the agenda, conduct of meetings, parliamentary procedure or such other matters as are necessary for orderly conduct of council meetings. (Code 1971, § 2.04.060(E)) Secs. 2-56—2-70. - Reserved.