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HomeMy WebLinkAbout2018-298Resolution No. 2018-298 RESOLUTION NO. 2018-298 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING A SHELTER CRISIS IN THE CITY OF SAN BERNARDINO FOR PURPOSES OF THE HOMELESS EMERGENCY AID PROGRAM FUNDING WHEREAS, California's Governor Edmund G. Brown, Jr. and the members of the California Legislature have recognized the urgent and immediate need for funding at the local level to combat homelessness; and WHEREAS, the Governor and 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); WHEREAS, the Governor and Legislature require jurisdictions seeking an allocation through the Homeless Emergency Aid Program to declare a Shelter Crisis pursuant to Government Code §8698.2; WHEREAS, the City of San Bernardino ("City") has developed a homelessness plan and undertaken multiple efforts at the local level to combat homelessness; WHEREAS, the City finds that, as of June 2017, 491 persons within the City of San Bernardino are homeless and living without shelter; WHEREAS, the City finds that the number of homeless is significant and these persons are without the ability to obtain shelter; and WHEREAS, the City finds that the health and safety of unsheltered persons in the City of San Bernardino is threatened by a lack of shelter. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. A shelter crisis pursuant to Government Code section 8698.2 exists in the City. The City is hereby authorized to participate in the Homeless Emergency Aid Program. SECTION 3. Nothing in this Resolution shall be interpreted to prevent the City from enforcing any laws which prohibit camping on public property, including but not limited to Chapter 12.98 of the San Bernardino Municipal Code, where an individual is camping for reasons other than necessity. SECTION 4. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA Resolution No. 2018-298 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 provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 6. Effective Date. This Resolution shall become effective immediately. This Resolution may be repealed by a resolution of the Mayor and City Council at any time. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7"' day of November 2018. R. Carey Da�s, Mayor City of SaiyBernardino Attest: z!.! ~ leelt Georgeann 14nn a, CMC, y Clerk Approved as to form: Gary D. Saenz, City Attorney Resolution No. 2018-298 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2018-298 adopted at a regular meeting held at the 7a' day of November 2018 by the following vote: Council Members: AYES NAYS MARQUEZ x BARRIOS K VALDIVIA SHORETT NICKEL x IV RICHARD IN MULVIHILL XI ABSTAIN ABSENT WITNESS my hand and official seal of the City of San Bernardino this 7b day of November 2018. Georgeann anna, CMC, &iy Clerk