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HomeMy WebLinkAboutCC Reso 2020-47 - Confirming Emergency Order of City Mgr - Extending Winter Shelter RESOLUTION NO. 2020-47 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH, CALIFORNIA, CONFIRMING THE EMERGENCY ORDER OF THE CITY MANAGER OF THE CITY OF UKIAH, IN HIS CAPACITY AS THE DIRECTOR OF EMERGENCY SERVICES FOR THE CITY, EXTENDING THE PERIOD OF OPERATION OF WINTER SHELTER FOR THE HOMELESS LOCATED AT 1045 SOUTH STATE STREET TO APRIL 30, 2021. WHEREAS, on March 4, 2020, the Governor of the State of California responded to the COVID-19 pandemic by issuing a Proclamation of State of Emergency under the authority of California Government Code Section 8625; and WHEREAS, on March 18, 2020, in Resolution No. 2020-14, in response to the Governor's proclamation and the threat of the spread of COVID-19 in the City, the City Council ratified the proclamation of a local emergency pursuant to Government Code Section 8550, et seq., and Ukiah City Code Section 5125; and WHEREAS, under the Local Emergency Declaration in Resolution No. 2020-14, during the existence of this local emergency, the City Manager or his designee is authorized to take whatever action is authorized under the Ukiah City Code and state and federal law, subject to any required authorization from the City Council, consistent with the Resolution and its basic purposes; and WHEREAS, under Ukiah City Code Sections 5221.F and 5130, in a declared local emergency the City Manager has the authority to promulgate orders and regulations to provide for the protection of life and property, where necessary to preserve the public order and safety. All such orders and regulations to be effective must be in writing and signed by the promulgating official and must be confirmed at the earliest opportunity by the City Council. NOW, THEREFORE, IT IS ORDERED by the Council of the City of Ukiah that the Emergency Order (Exhibit A) of the City Manager, in his capacity as the Director of Emergency Services for the City, extending the operation period of the Inland Winter Shelter through April 30, 2021, and orders contained therein. PASSED, ADOPTED and APPROVED this 19th day of August, 2020 by the following vote on roll call vote: AYES: Councilmembers Mulheren, Brown, Scalmanini, Orozco, and Mayor Crane NOES: None ABSTAIN: Nonep . ° ABSENT: None Douglas FCrane, Mayor ATTEST: Kristine Lawler, City Clerk Exhibit A rr /0� � rfUDIG �l City of Ukiah 1 I EMERGENCY ORDER OF THE CITY MANAGER OF THE CITY OF UKIAH, IN HIS CAPACITY AS THE DIRECTOR OF EMERGENCY SERVICES FOR THE CITY, EXTENDING OPERATION OF WINTER SHELTER FOR THE HOMELESS LOCATED AT 1045 SOUTH STATE STREET THROUGH APRIL 30, 2021 A. Background: 1. On March 4, 2020, the Governor of the State of California responded to the COVID-19 pandemic by issuing a Proclamation of State of Emergency under the authority of California Government Code Section 8625. 2. On March 18, 2020, in Resolution No. 2020-14, in response to the Governor's proclamation and the threat of the spread of COVID-19 in the City, the City Council ratified the proclamation of a local emergency pursuant to Government Code Section 8550, et seq., and Ukiah City Code Section 5125. 3. Under the Local Emergency Declaration in Resolution No. 2020-14, during the existence of this local emergency, the City Manager or his designee is authorized to take whatever action is authorized under the Ukiah City Code and state and federal law, subject to any required authorization from the City Council, consistent with the Resolution and its basic purposes. 4. Under Ukiah City Code Section 5130, in a declared local emergency the City Manager has the authority to promulgate orders and regulations to provide for the protection of life and property, where necessary to preserve the public order and safety. All such orders and regulations to be effective must be in writing and signed by the promulgating official and must be confirmed at the next regular meeting of the City Council. 5. The Governor and Mendocino County Health Officer have issued a series of orders to mitigate the risk of COVID-19 infection, and the State of California has made additional funding available to increase shelter capacity and services for the homeless. 6. Per Public Health guidance, individuals experiencing homelessness are strongly urged to obtain appropriate shelter as soon as possible, and governmental and other entities, to the extent feasible, are encouraged to make such shelter available, particularly for vulnerable populations. 7. The current City of Ukiah Major Use Permit issued for the Winter Homeless Shelter operated by Redwood Community Services, Inc. ("RCS") and located at 1045 South State Street in Ukiah states that operation of the Shelter is permitted "during winter for a duration of six (6) months commencing the first day of operation." The Homeless Services Community Center Program Plan included as Exhibit A to the Use Permit states that the Winter Homeless Shelter shall operate from November 1, 2019 through April 30, 2020. Page 1 of 2 »»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»300 Seminary Avenue • Ukiah • CA• 95482-5400 Phone: (707) 463-6200 - Fax: (707) 463-6204 -www.cityofukiah.com 8. In order to comply with the April 10, 2020 Mendocino County Public Health Order and to ensure the health and safety of individuals experiencing homelessness, RCS facilitated the expansion of the habitable area at the Winter Homeless Shelter into the adjacent former retail space in order to accommodate more beds. 12. On May 22, 2020, the City Manager, in his capacity as the Director of Emergency Services for the City, approved an emergency order allowing RCS to continue the term of its Use Permit to operate the Inland Winter Homeless Shelter until August 31, 2020 in order to provide for the health and safety of individuals experiencing homelessness. 13. To ensure the continuity of services, the City and RCS wish to extend the operation period of the Winter Homeless Shelter during this local emergency until April 30, 2021. B. Order IT IS ORDERED by the City Manager, in his capacity as the Director of Emergency Services for the City of Ukiah, as follows: 1. The period of operation of the Winter Homeless Shelter located at 1045 South State Street in Ukiah shall be extended to April 30, 2021, provided that the Shelter is operated in substantial conformance with the conditions imposed in Permit 2748 UP-PC issued for the Winter Homeless Shelter. 2. RCS shall be authorized to continue to operate the Winter Homeless Shelter expansion in the adjacent former retail space, provided that, if RCS intends to operate in this adjacent space past April 30, 2021, they shall seek an amendment to their use permit to include the new occupied space and increase in the number of beds. 3. RCS shall implement all COVID-19 social distancing requirements and other mitigation directives/guidelines ordered or advised by the County of Mendocino's Public Health Officer that are applicable to RCS's operation and use. RCS shall be responsible for obtaining directives and guidance from the Mendocino County Health & Human Services Agency. 4. RCS shall facilitate provision of all available County homeless services and resources through the Mendocino County Health & Human Services Agency for individuals utilizing the Shelter, as required by the current Homeless Services Community Center Program Plan or as amended during the extended operational period provided for under this order or subsequent orders. Sa a Sangi "como, City Manager Director of Emergency Services, City of Ukiah Date: August 14, 2020 Page 2 of 2 300 Seminary Avenue • Ukiah • CA• 95482-5400 Phone: (707) 463-6200 - Fax: (707) 463-6204 -www.cityofukiah.com