HomeMy WebLinkAboutItem No. 02 - San Bernardino County's COVID-19 Homeless Emergency Hotel-Motel Response
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Staff Report
City of San Bernardino
Request for Council Action
Date: May 6, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
Subject: San Bernardino County's COVID-19 Homeless Emergency
Hotel/Motel Response Plan
Recommendation
Receive a report on the County of San Bernardino's COVID-19 Homeless Emergency
Hotel/Motel Response Planning and provide direction to City staff accordingly.
Background
On March 13, 2020, the City Manager, in accordance with Se ction 2.46.090.A.1 of the
San Bernardino Municipal Code, issued Proclamation No. 2020 -01 declaring the
existence of a local emergency relating to the worldwide spread of respiratory illness
due to the novel coronavirus known as COVID-19. On March 18, 2020, the Mayor and
City Council adopted Resolution No. 2020-51, ratifying the proclamation and declaring
the existence of a local emergency. County, state, and federal governments have also
declared the existence of emergency conditions in connection with the global pandemic.
COVID-19 has been determined to be of particular threat to vulnerable populations,
including the homeless. As such, and as required by the State, the County of San
Bernardino is securing hotels/motels in the County to provide individual room sheltering
for certain populations. Some motels are being secured for homeless individuals over
65, non-symptomatic, more susceptible while other rooms are being secured for those
who are COVID-19 positive while they recover.
At present, the City has asserted that hotel and motel owners are not permitted to enter
into such agreements with the County due to zoning restrictions and business licensing
requirements imposed in accordance with the City’s powers as a charter city. However,
the County secured its first contract with the Sure Stay Motel on Hospitality Lane last
month without advance notice to the City. Staff reached out to the County with
concerns regarding the placement of these individuals on Hospitality Lane and made it
clear that the City had several concerns about the plan to relocate homeless individuals
from across the County to hotels within the City’s incorporated boundaries.
When no agreement could be reached with the County, staff sent a cease and desist
letter to the motel owner making them aware that the intended use of the Hotel was not
allowed. Hotels are permitted for hospitality and hotel use , not to be used as a social
services facility or as a homeless shelter. The use is a violation of the City’s General
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Plan, Zoning Code, and business license restrictions.
The County has acknowledged the importance of working with the City in its efforts and
the City stands ready to work with the County in a manner that does not
disproportionately disrupt the residents of our City. The County has assured staff that
they are working to secure rooms in other cities in the County. However, as of this
writing, we have not received confirmation of locations secured outside the City of San
Bernardino.
In addition to securing hotel/motel rooms for homeless individuals, the County is also
seeking to secure rooms for essential workers such as: health care professionals; law
enforcement; first responders; and other county workers in need of isolation who may
be impacted by COVID-19. The County is also seeking additional sites for COVID-19
testing and previously requested use of the Carousel Mall parking lot; however, they
have since found other locations that better suit their needs.
In a good faith effort to work with the County, staff drafted a cooperation agreement
between the City and the County that, if approved by both parties, would allow the
County to fulfill its obligation in collaboration with the City to contract with hotels and
motels in the city’s jurisdiction for emergency lodging for homeless individuals and
families; contract with hotels and motels in the City’s jurisdiction for emergency lodging
for County essential workers; and allow the County, at no fee, use of the City’s Carousel
Mall parking lot property for the purpose of operating a testing site.
Discussion
A draft cooperation agreement was sent to County Chief Executive Officer Gary
McBride on April 14, 2020, for review (Attachment 1). Following a review of the
proposed agreement, Mr. McBride conveyed that at th is time the County is not entering
into such agreements with individual cities in the County. In place of an agreement, the
County has committed to following the guidelines outlined in their COVID-19 Homeless
Emergency Hotel/Motel Response Planning document (Attachment 2) including an
informal commitment to all jurisdictions in the County as follows:
The City would be indemnified similar to the hotel. This would be included
in the hotel agreement.
The County will ensure that all program participant s who exit the program
for any reason are immediately transported to the referring community at
no cost to the City.
In the event that a program participant leaves the hotel for any reason and
is not immediately transported to the referring community the City may
immediately contact the County, which will promptly provide transportation
to the Program participant to the referring community.
Hotel shall assure that all outside lighting is operational and all
landscaping is maintained in good condition in accordance with City
standards.
Hotel and/or County shall provide security guard services 24 hours per
day.
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Daily accounting of occupancy/vacancy and the location of where the
program participants reside from.
Program participant is required to sign an agreement outlining specific
codes of conduct.
While this informal agreement addresses many of the City’s concerns, the draft
cooperative agreement would make the terms more specific to the City of San
Bernardino and allow the governing bodies of both agencies to participate and agree to
the terms.
Specifically, the County’s planning document does not address:
The City’s zoning restrictions - the City asserts that hotel and motel owners are
not permitted to enter into such agreements with the County due to the zoning
and business licensing restrictions traditionally imposed by the City. The draft
cooperation agreement indicates that the City would waive those restrictions as
an emergency measure and enables the use of hotel and motel facilities for
those purposes under certain terms and conditions, all of which are designed to
protect the public safety, health, and welfare of the City and its residents.
Approval from the City Manager prior to utilizing any new hotel or motel for
temporary emergency lodging which includes:
o A copy of a security plan for the new hotel or motel at the time of making a
request.
o A copy of the proposed agreement with the hotel or motel owner/operator
at the time of making the request and a copy of the fully executed
agreement within one business day following execution.
o A cap the total number of rooms within the City for temporary emergency
lodging at fifty (50) rooms (it should be noted that the County requested
150 in the City of San Bernardino).
o That temporary emergency lodging is not permitted for walk-ins to the
motels or hotels in the City.
o That priority use of rooms is given to homeless persons originally located
within the City in coordination with the City’s ESG Outreach Lead and the
City’s District Commanders.
o That logs are maintained a log of the each individual.
o Occupancy is limited to a maximum 14-day term and assistance is
provided by the County to hotels and motels with relocation upon
termination of the term.
o Provide all individuals with free transportation from the hotel or motel at
the conclusion of the stay and in the event the program participant leaves
the hotel for any reason and is not immediately transported to the referring
community the City may immediately contact the County, which will
promptly provide transportation to the Program participant to the referring
community.
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o Hotel shall assure that all outside lighting is operational and all
landscaping is maintained in good condition in accordance with City
standards.
The proposed agreement also included provisions related to the County’s use of hotel
rooms for its essential workers. Unlike where the County acquires hotel rooms in the
City for homeless individuals from across the County as a social service, the Cit y has
expressed no concerns with the County’s use of County funds to acquire hotel rooms
for its own employees.
In the proposed agreement, the City offered the use of the Carousel Mall parking lot for
use as a regular COVID-19 testing site at no cost to the County. At this time, the San
Bernardino County Department of Public Health has advised that they do not have a
need for an additional testing location within the City as they will be using Arroyo Valley
High School as a regular testing location in o ur area when the National Orange Show
facility is not available. The City will continue to work with the County to facilitate the
expansion of testing in our area and provide for additional testing sites as needed.
2020-2025 Strategic Targets and Goals
Providing direction to staff regarding the County of San Bernardino's COVID -19
Homeless Emergency Hotel/Motel Response Planning aligns with Key Target No. 3
Improved Quality of Life.
Fiscal Impact
Outside of the allocation of staff time, there is no fisca l impact associated with the
consideration of COVID-19 Homeless Emergency Hotel/Motel Response Planning.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, receive a report on the County of San Bernardi no's COVID-19 Homeless
Emergency Hotel/Motel Response Planning and provide direction to City staff
accordingly.
Attachments
Attachment 1 Draft Cooperation Agreement between the City and County of San
Bernardino regarding Hotel/Motel Homeless Emergency Res ponse
Planning and use of the Carousel Mall as a testing site.
Attachment 2 County of San Bernardino’s COVID-19 Response Planning
document for all jurisdictions in the County.
Ward(s): All
Synopsis of Previous Council Actions:
No previous Council Action.
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COOPERATIVE AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND THE COUNTY OF SAN
BERNARDINO REGARDING THE SHELTERING OF THE
HOMELESS AND OF DISASTER WORKERS DURING
THE PENDENCY OF THE EMERGENCY CAUSED BY
THE COVID-19 PANDEMIC
This COOPERATIVE AGREEMENT (“Agreement”) by and between the CITY OF SAN
BERNARDINO, a charter city and municipal corporation (“City”) and the COUNTY OF SAN
BERNARDINO, a political subdivision of the State of California (“County”) is made and
entered into as of April ___, 2020 (“Effective Date”). City and County are sometimes
individually referred to as “Party” and collectively as “Parties.”
1. Recitals
1.1 WHEREAS, both the City and the County, in addition to the state and federal
governments, have declared the existence of emergency conditions in connection with the global
pandemic caused by COVID-19; and
1.2 WHEREAS, COVID-19 is a particular threat to vulnerable populations, including
the homeless; and
1.3 WHEREAS, the City and County agree that the temporary housing of homeless
populations during the emergency will help reduce the spread of COVID-19 and, therefore,
lessen the burden on healthcare facilities countywide; and
1.4 WHEREAS, the County desires to enter into agreements with hotel and motel
owners within the City to provide temporary lodging units for homeless individuals and families;
and
1.5 WHEREAS, at present, such hotel and motel owners are not permitted to enter
into such agreements due to the zoning restrictions and business licensing restrictions
traditionally imposed by the City; and
1.6 WHEREAS, the City desires to waive these restrictions and enable the use of
hotel and motel facilities under certain terms and conditions, defined herein, designed to protect
the public safety, health, and welfare of the City and its residents; and
1.7 WHEREAS, the County also desires to provide shelter in hotels and motels for
essential county employees, such as health care professionals, law enforcement, first responders,
and other county workers in need of isolation; and
1.8 WHEREAS, the City also desires to waive any restrictions in place which might
prevent the use of hotels and motels for essential county employees under the terms and
conditions defined herein; and
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1.9 WHEREAS, the County desires to utilize the City-owned outdoor parking area
surrounding the Carousel Mall for the purposes of a COVID-19 testing site and the City desires
to permit such use under the terms and conditions defined herein.
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants
hereinafter contained and for good and valuable consideration, the receipt of which is hereby
acknowledged, the Parties agree as follows:
2. Terms of Agreement
2.1 Incorporation of Recitals. The Parties hereby affirm the facts set forth in the
Recitals above. Said Recitals are incorporated into this Agreement by this reference.
2.2 City Commitments. City hereby agrees to do the following:
(a) Within one working day following the Effective Date, the City Manager,
acting as the Director of Emergency Services, shall issue an executive order under which : (1) the
City shall temporarily waive limitations applicable to hotel and motel operators within the City
in order to permit hotel and motel operators to provide temporary emergency lodging units to
homeless individuals and families under contract with the County and under the terms set forth
herein; and (2) the City shall temporarily waive any limitations applicable to hotel and motel
operators within the City in order to permit hotel and motel operators to provide temporary
emergency lodging to essential County workers who need such rooms for self-isolation purposes
during the emergency.
(b) Enter into a right-of-entry agreement with the County to permit the
County to use the open parking area surrounding the Carousel Mall for a term and on dates to be
determined by the Parties and on terms not more favorable to the City than those contained in the
City’s template Right of Entry Agreement attached hereto as Exhibit A.
(c) Utilize additional Emergency Solutions Grant Program funds under the
CARES Act to address homeless concerns related to the COVID-19 pandemic in consultation, as
needed, with U.S. Department of Housing and Urban Development.
2.3 County’s Commitments. County hereby agrees to do the following:
(a) Temporary Shelter for Homeless Individuals: For all hotels and motels to
be used for the temporary emergency lodging of homeless persons and families under this
Agreement, the County shall do the following:
(i) Seek approval from the City Manager prior to utilizing any new
hotel or motel for temporary emergency lodging. Provide the City Manager with a copy of a
security plan for the new hotel or motel at the time of making a request. Provide a copy of the
proposed agreement with the hotel or motel owner/operator at the time of making the request.
Provide a copy of the fully executed agreement with the hotel or motel owner/operator within
one business day following execution.
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(ii) Cap the total number of rooms within the City for temporary
emergency lodging at fifty (50) rooms.
(iii) Provide temporary emergency lodging only for those homeless
individuals and families transported to the hotels and motels by the County. Temporary
emergency lodging shall not be permitted for walk-ins to the motels or hotels in the City.
Prioritize the use of rooms within the City for homeless persons originally located within the
City. Coordinate with the City’s ESG Outreach Lead and the City’s District Commanders in
identifying individuals for priority lodging.
(iv) Maintain a log of the first and last name of each individual checked
in, the Homeless Management Information System (HMIS) number for each individual, the
location where they were picked up from, the name of the County agency that placed them in the
hotel or motel, the name of the hotel or motel in which they are lodged, the date lodging
commenced, the check-out date, the number of adults and children in their room, the daily
amount paid for their stay, and the location to which they were relocated at the end of the term.
For any individuals originally located out of the City, maintain a log of any efforts made to
identify hotel or motel options within the original jurisdiction. For each individual served, the
County shall require a form of identification. If an individual does not have a form of
identification, the County shall work with the individual to obtain one.
(v) Limit occupancy to a maximum 14-day term and provide
assistance to hotels and motels with relocation upon termination of the term. Provide all
individuals with free transportation from the hotel or motel at the conclusion of the stay.
(vi) All individuals placed by the County in motels shall be subject to
an eligibility intake using, for example, the Vulnerability Index - Service Prioritization Decision
Assistance Tool (VI-SPADT) and shall be entered in the HMIS before placement in lodging. All
individuals shall be case managed by the County or an organization contracting with the County
for such service. County shall provide wrap-around services at all hotels and motels used for
temporary emergency lodging, including: (1) mental health services, including priority
referrals/placement in the County’s Crisis Residential Treatment Facilities (CRT) and Crisis
Stabilization Units (CSU); (2) referrals and placement in County drug and alcohol rehabilitation;
(3) connection to mental health services at the County mental health clinics; (4) housing
navigation services provided by the County or agencies contracting with the County for such
services; and (5) priority consideration for placement if affordable housing, especially new
housing developed by the County or Housing Authority of the County of San Bernardino. The
County shall provide the City with a report noting all individuals that received wrap around
services.
(vii) Ensure the hotel and motel operators transmit the transient lodging
tax based on the room rental paid on behalf of the individuals for the temporary emergency
lodging.
(viii) Attempt, in conjunction with the City and local nonprofits, to
identify permanent supportive housing or other longer-term solutions for all individuals housed
in temporary emergency lodging, ideally at locations in their home jurisdictions. Priority shall
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be given to placing families and larger households into County permanent housing projects that
are currently or soon-to-be built. In the event permanent supportive housing or another longer-
term solution is not identified prior to the conclusion of the maximum 14-day term, County shall
transport the individuals to the location where they were picked up. In instances where the
individuals leave the hotel or motel site prior to the end of their term, the County shall make
reasonable efforts to find the individuals and relocate the individuals to the location where they
were picked up and return them. If the County is unable to locate the individuals, the County
shall notify the City.
(b) Temporary Shelter for Essential Workers: For all hotels and motels to be
used for the temporary emergency lodging of essential County workers under this Agreement,
the County shall do the following:
(i) Provide the City Manager with a list of hotel or motel used for
such temporary emergency lodging. Provide a copy of the fully executed agreement with the
hotel or motel owner/operator within one business day following execution.
(ii) Ensure the hotel and motel operators transmit the transient lodging
tax based on the room rental paid on behalf of the individuals for the temporary emergency
lodging.
(c) Carousel Mall Testing Site: Enter into a right-of-entry agreement with the
City to permit the County to use the open parking area surrounding the Carousel Mall for a term
and on dates to be determined by the Parties and on terms not more favorable to the City than
those contained in the City’s template Right of Entry Agreement attached hereto as Exhibit A.
2.4 Financial Participation. Neither Party shall pay the other any sums under this
Agreement.
2.5 Term and Termination. This Agreement shall remain in effect until the earlier to
occur of: (1) its termination by either Party; or (2) fourteen (14) days following the date on
which the City Council adopts a resolution terminating the City’s state of emergency. Either
Party may terminate this Agreement at any time and for any reason upon giving the other Party
fourteen days’ advance written notice.
2.6 Insurance Requirements. The Parties shall each maintain adequate insurance
coverage for the activities contemplated herein for the duration of this Agreement.
3. Miscellaneous Terms
3.1 Amendment. This Agreement may be amended at any time by the mutual consent
of the Parties by an instrument in writing signed by both Parties.
3.2 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any
term referencing time, days or period for performance shall be deemed calendar days and not
work days. The captions of the various articles and paragraphs are for convenience and ease of
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reference only, and do not define, limit, augment, or describe the scope, content, or intent of this
Agreement.
3.3 Entire Agreement. This Agreement constitutes the entire and integrated
agreement with respect to the subject matter hereof and supersedes any and all prior and
contemporaneous oral or written negotiations, representations or agreements.
3.4 Notices, Demands and Communications Between the Parties.
(a) Formal notices, demands and communications between Parties shall be
deemed sufficiently given if: (i) by commercial overnight delivery; (ii) b y messenger service for
immediate personal delivery; or (iii) by electronic transmittal, including electronic mail and/or
fax transmissions, subject to written verification of receipt by the receiving party. Such written
notices, demands and communications may be sent in the same manner to such other addresses
as either Party may from time to time designate by written notice to the other Party.
All notices, demands and communications shall be sent, as follows:
TO CITY: TO COUNTY:
City of San Bernardino
Attn: City Manager
290 North D Street
San Bernardino, CA 92401
County of San Bernardino
Attn: Chief Executive Officer
385 N. Arrowhead Avenue
San Bernardino, CA 92415
Copy to: Copy to:
City of San Bernardino
Attn: City Attorney
290 North D Street
San Bernardino, CA 92401
County of San Bernardino
Attn: County Counsel
385 N. Arrowhead Avenue
San Bernardino, CA 92415
(b) Notices shall be deemed effective upon receipt or with respect to
electronic transmission, upon receipt of written verification from the receiving party.
3.5 Counterparts. This Agreement may be signed in counterparts, each of which shall
constitute an original.
3.6 Laws and Regulations. Each Party shall keep itself fully informed of and in
compliance with all local, state and federal laws, rules and regulations in any manner affecting
the performance of this Agreement, and shall give all notices required by law. Each Party shall
be liable for all violations of such laws and regulations in connection with this Agreement. If
either Party performs any of its obligations hereunder knowing that its actions are contrary to
such laws, rules and regulations and without giving written notice to the other, the violating
Party shall be solely responsible for all costs arising therefrom.
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3.7 Approvals. Approvals required by Parties, or any officers, agents or employees
thereof, shall not be unreasonably withheld and approval or disapproval shall be given within a
reasonable time.
3.8 Mutual Cooperation; Further Actions and Instruments. Each of the Parties shall
cooperate with and provide reasonable assistance to the other to the extent contemplated
hereunder in the performance of all obligations under this Agreement and the satisfaction of the
conditions of this Agreement.
3.9 Third Party Beneficiaries. This Agreement and the performance of the Parties
obligations hereunder are for the sole and exclusive benefit of the City and the County. No
person or entity who or which is not a signatory to this Agreement shall be deemed to be
benefited or intended to be benefited by any provision hereof, and no such person or entity shall
acquire any rights or causes of action against either the City or the County hereunder as a result
of a Party’s performance or non-performance of its obligations under this Agreement.
3.10 Relationship of Parties. The Parties agree and intend that the City and the County
are independent contracting entities and do not intend by this Agreement to create any
partnership, joint venture, or similar business arrangement, relationship or association between
them.
3.11 Governing Law. This Agreement shall be governed by the laws of the State of
California without regard to conflicts of laws principles. This Agreement shall be deemed to
have been made in the County of San Bernardino, California, regardless of the order of the
signatures of the Parties affixed hereto. Any litigation or other legal proceedings which arise
under or in connection with this Agreement shall be conducted in a federal or state court located
within or for San Bernardino County, California. The Parties consent to the personal jurisdiction
and venue in federal or state court located within the County of San Bernardino, California, and
hereby waive any defenses or objections thereto including defenses based on the doctrine of
forum non conveniens.
3.12 Waiver. No delay or omission in the exercise of any right or remedy of a non-
defaulting Party on any default shall impair such right or remedy or be construed as a waiver.
Either Parties’ consent or approval of any act by the other Party requiring its consent or approval
shall not be deemed to waive or render unnecessary its consent to or approval of any subsequent
act of the other Party. Any waiver by either Party of any default must be in writing and shall not
be a waiver of any other default concerning the same or any other provision of this Agreement.
3.13 Rights and Remedies are Cumulative. Except with respect to rights and remedies
expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are
cumulative and the exercise by either Party of one or more of such rights or remedies shall not
preclude the exercise by it, at the same or different times, of any other rights or remedies for the
same default or any other default by the other Party.
3.14 Legal Counsel. Each Party acknowledges that: (i) it has read this Agreement; (ii)
it has had the opportunity to have this Agreement explained to it by legal counsel of its choice;
(iii) it is aware of the content and legal effect of this Agreement; and (iv) it is not relying on any
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representations made by the other Party or any of the employees, agents, representatives, or
attorneys of the other Party, except as expressly set forth in this Agreement.
3.15 Severability. In the event that any one or more of the phrases, sentences, clauses,
paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by
a valid judgment or decree of a court of competent jurisdiction, such invalidity or
unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or
sections of this Agreement which are hereby declared as severable and shall be interpreted to
carry out the intent of the parties hereunder.
3.16 Binding Effect. The terms of this Agreement shall inure to the benefit of, and
shall be binding upon, each of the Parties and their respective successors and assigns.
3.17 Authorized Representatives. The person or persons executing this Agreement on
behalf the City and County warrant and represent that they have the authority to execute this
Agreement on behalf of that Party and that they have the authority to bind that Party to the
performance of its obligations hereunder.
SIGNATURES ON FOLLOWING PAGE
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SIGNATURE PAGE TO
COOPERATIVE AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND THE COUNTY OF SAN
BERNARDINO REGARDING THE SHELTERING OF THE
HOMELESS AND OF DISASTER WORKERS DURING
THE PENDENCY OF THE EMERGENCY CAUSED BY
THE COVID-19 PANDEMIC
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be entered
into as of the date set forth above.
CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO
By: __________________________________
Teri Ledoux, City Manager
Date: ___________
By: __________________________________
Gary McBride, Chief Executive Officer
Date: ___________
APPROVED AS TO LEGAL FORM:
APPROVED AS TO LEGAL FORM:
By:______________________________________
City Attorney
By: __________________________________
Michelle Blakemore, County Counsel
ATTEST: ATTEST:
By:______________________________________
Genoveva Rocha, Acting City Clerk
By:______________________________________
Lynna Monell, Clerk of the Board
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EXHIBIT A
TEMPLATE RIGHT OF ENTRY AGREEMENT
San Bernardino County
COVID-19 Homeless Emergency
Hotel/Motel Response Planning Current Version: 1
Page #: Page 1 of 9 Last Review Date: 4/7/2020
1. Purpose And Scope
The purpose of this document is to describe the Unsheltered Homeless Emergency
Response Plan by the County of San Bernardino in response to the coronavirus (COVID-
19) statewide epidemic and to define the interactions, roles, and responsibilities for the
coordination of services between county departments, hotel/motel operators, and
homeless service providers.
In response to Executive Order (E.O.) N-32-20, the State of California has authorized
new funding and has identified current funding to respond to the threat of COVID-19
among our homeless population. The E.O. identifies the Homeless Emergency Aid
Program (HEAP) funding and the Homeless Housing, Assistance, and Prevention
(HHAP) program funding as resources intended to provide programs and facilities to
combat homelessness. As part of the order, emergency legislation created additional
funding and resources to protect the safety of homeless populations, reduce the spread of
COVID-19 among the homeless populations and provide safe beds as the virus continues
to spread.
The E.O. provides suspension to Health and Safety Code section 50214, to allow local
jurisdictions to expend HEAP and HHAP funds to prepare and address the impacts of
COVID-19, which includes the expansion of shelter and housing services capacity. The
order also suspends Division 13, commencing with section 21000, of the Public
Resources Code and Regulations in relation to the previous directed funding.
2. References
2.1.Regulations
2.1.1. Federal Guidance
CDC – Interim Guidance for Homeless Shelters
CDC – Interim Guidance for Homeless Service Providers to Plan and
Respond to Coronavirus Disease 2019
CDC – Cleaning and Disinfection Recommendations
CDC – Environmental Cleaning and Disinfection Recommendations
CDC – People Experiencing Unsheltered Homelessness
EPA – Information on Disinfectants and Water/Wastewater
HUD – Eligible ESG Program Costs for Infectious Disease Preparedness
HUD – Infectious Disease Toolkit for Continuums of Care: Preventing &
Managing the Spread of Infectious Disease for People Experiencing
Homelessness
San Bernardino County
COVID-19 Homeless Emergency
Hotel/Motel Response Planning Current Version: 1
Page #: Page 2 of 9 Last Review Date: 4/7/2020
HUD – Infectious Disease Toolkit for Continuums of Care: Preventing &
Managing the Spread of Infectious Disease with Encampments
HUD – Specific Considerations for Public Health Authorities to Limit
Infection Risk Among People Experiencing Homelessness
NIDA – COVID-19 Advice for Social Anxiety Disorders
2.1.2. State Guidance
State of California Executive Order N-32-20
State of California Executive Order N-33-20
State of California Health & Safety Code Section 50214
State of California Public Resources Code and Regulations, Division 13,
Section 21000
BCSA – Guidance for Homeless Assistance Providers on Novel
Coronavirus (COVID-19)
CDPH – Guidance Documents: Coronavirus Disease 2019 (COVID-19)
CDPH – Use of Personal Protective Equipment during COVID-19
Outbreak
2.1.3. Local Guidance
SBCDPH – Coronavirus Disease 2019 (COVID-19)
LACDPH – Coronavirus Disease (COVID-19) Assessment Tool for
Homeless Shelters
LACDPH – Guidance for Homeless Shelters
LACDPH – Infection Prevention Basics for Homeless Shelters
LACDPH – People Experiencing Homelessness FAQ
2.2.Other Emergency Operation Plans
2.2.1. 2018/2019 DEOP Essential Functions
3. Definitions
Emergency Operations Center (EOC) - Coordinates with the county’s disaster
response expenses for recovery from state and federal governments.
Office of Emergency Services (OES) – Division of the San Bernardino County Fire
Department responsible for countywide emergency planning, mitigation, response
and recovery activities. The OES works with all county departments and 24 cities,
and many non-government organizations
San Bernardino County
COVID-19 Homeless Emergency
Hotel/Motel Response Planning Current Version: 1
Page #: Page 3 of 9 Last Review Date: 4/7/2020
Homeless Emergency Aid Program (HEAP) – Established by statute to provide
localities with flexible block grant funds to address their immediate homelessness
challenges, such as emergency housing vouchers, rapid rehousing, emergency shelter
construction, and the provision of temporary shelter, among other activities
Homeless Housing, Assistance, and Prevention (HHAP) - One-time block grant that
provides local jurisdictions with funds to support regional coordination and expand or
develop local capacity to address their immediate homelessness challenges.
4. Concept of Operations
The County of San Bernardino and the regional homeless Continuum of Care (CoC) are
working together to address the needs of homeless individuals affected by the COVID-19
outbreak.
COVID-19 is particularly dangerous for those experiencing homelessness. Individuals
without stable housing not only face greater difficulty taking preventative actions, but
they are often in poorer health than other residents. For the past several years, the County,
cities and members of the CoC have been working tirelessly to reduce and prevent
homelessness; however, despite targeted efforts the number of homeless persons
continues to rise throughout the region.
The goal of this plan is to identify at minimum 300 hotel/motel rooms throughout the
region in multiple jurisdictions as quickly as possible to contain the spread of COVID-19
in the unsheltered community. The purpose of these facilities is to protect the community
by limiting the community’s exposure to populations that are generally at higher risk of
transmitting the virus, not to put the community at risk.
One of the County’s and CoC’s top priorities since the COVID-19 outbreak has been to
identify sites to house unsheltered homeless persons meeting high risk priorities and
quarantine unsheltered homeless persons who are well but have been identified by
medical doctors as being extremely at-risk, vulnerable to the virus or COVID-19 positive.
This model aims to keep these individuals out of shelters and encampments and lower the
risk of exposure to other members of the homeless population to slow the virus’ spread.
Units have been prioritized for individuals/households who meet two or more of the
following criteria:
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Unsheltered persons who are non-symptomatic and present healthy that meet the
following high-risk criteria:
o Persons aged 65 years and older
o Persons of any age who have an underlying health condition such as:
Heart disease
Chronic lung disease or moderate to severe asthma
Immunocompromised
Underlying medical conditions that are not well controlled: diabetes,
renal failure, or liver disease
o Pregnant women
Unsheltered persons meeting the above criteria who are exposed, but asymptomatic
requiring isolation
Unsheltered persons meeting the criteria under section 1 who are symptomatic
awaiting test results requiring isolation
Unsheltered persons meeting the criteria under section 1 who are positive for
COVID-19 but do not require hospitalization
Special accommodations will be made for members of unsheltered families meeting
the criteria under section 1
5. Engagement of Services
High-risk unsheltered persons will be identified in part through the Homeless
Coordinated Entry System (CES) and through the Sheriff’s Homeless Outreach and
Proactive Enforcement (HOPE) team. CES will provide referrals from community
partners and the HOPE team will make contact with the unsheltered persons. In addition,
the HOPE team will identify previously contacted high-risk unsheltered persons and
navigate them to the appropriate location.
All referrals will have completed the CES assessment forms and appropriate
documentation. Each client entered into a hotel/motel room will be connected with a
case manager through one of our current HEAP or Homeless Partnership homeless
service providers. On site food and security will be engaged to ensure comfort during the
duration of their stay. Clients will be notified to not allow access to their rooms by others
during their stay.
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Persons meeting the requirements of the hotel/motel use, may contact CES through
Inland Empire United Way at 2-1-1 or the Sheriff’s HOPE team at 1-844-811-
HOPE(4673).
6. Admission Agreement
Unsheltered homeless persons referred to the hotel/motel will be told to remain in their
rooms during the duration of the COVID-19 stay in place order from the State. Each
person will sign an admission agreement noting the following:
They will take care of their room (no damages)
Alcohol, substance use, weapons, or other illegal activity on the property is not
permitted
Unregistered guests in the room are not allowed
They acknowledge that they will be a good neighbor and avoid upsetting their
neighbors by engaging in loud or disruptive activities (loud TV/music, late night loud
noise, etc.)
They will maintain a clean room and allow housekeeping staff access as needed
They will allow the County of San Bernardino and partnering homeless services
provider staff and partners to meet them onsite or in their room
They will remove all their personal items from their room prior to check out and agree
to vacate the premises voluntarily upon the ending of the stay period or upon the
rescinding of the Governor’s Executive Order
7. Case Management Plan
Homeless individuals in lodging may have access to or may receive assistance in the
following service areas:
• Checking in / out of lodging; aid in completing necessary paper work
• Resource packets that may contain the following information:
o Centers for Disease Control and Prevention Instructions on preventing the
spread of coronavirus (COVID-19),
o Contact information for a case manager, and others, e.g., security
o Instructions on how to access medical services from their managed care plan
o How to access mental health services
o A crisis and support line
• When appropriate, linkages to benefits as needed
• Daily wellness telephone checks by health care or other industry professionals,
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• Regularly scheduled onsite visits by participating providers
• When appropriate, assistance in storing, organizing, disposing of personal
belongings
• Assistance in arranging for onsite, offsite, fostering of personal pets
• If not provided with lodging, assistance with procuring, ordering, or arranging for
delivery of food items, meals, or other nutrition
• Some managed care plans may offer/coordinate pharmacy services; assistance in
procuring, ordering, or arranging for delivery of prescription medications
• Homeless requiring treatment for mental health issues or substance abuse will be
assessed to determine specialized offsite services and housing
• Hygiene kits and/or supplies needed to maintain stability
8. Outreach Plan
The Sheriff’s HOPE Team received comprehensive training on best practices to keep
themselves safe and to ensure that people they encounter with flu-like symptoms get the
right medical care. The County of San Bernardino Department of Behavioral Health
(DBH) Homeless Outreach Support Team (HOST) has also received similar training.
Outreach teams that are currently working with the HOPE and HOST teams will continue
to support those teams. In addition, they will pass along information regarding COVID-
19 and how to reduce the chances of contracting the virus to the unsheltered homeless
they encounter.
Other homeless service providers outside of HOPE and HOST are referring unsheltered
homeless they engage through the Coordinated Entry System to ensure they receive
information about COVID-19 and how to reduce their chances of catching the virus
9. Staffing Plan
• Off-site homeless services providers and DBH staff will call each person placed in
the hotel/motel rooms for daily wellness checks
• Rotating staff will be on site 1-2 times per week to follow-up on client needs, such
as access to mainstream services
• The Sheriff HOPE team will screen and transport homeless individual to lodging
location
• DBH staff will assist in the transport of homeless individuals requiring medical
isolation or quarantine services
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• Homeless services providers and/or DBH staff will meet individuals and assist
them in checking in, completing paperwork and settling in their rooms
• Staff will follow CDC safety guidelines
10. Food Plan
Meal services are being organized through County of San Bernardino Human Services in
conjunction with Inland Empire Health Plan (IEHP) and Molina Healthcare. IEHP and
Molina Healthcare will provide meals for persons identified as members and the County
of San Bernardino will cover the cost for non-members.
Provision of Food Services:
Up to a 14 day food package can be sent out in two separate deliveries (7 days of food
in each delivery)
Food order for each client may be able to be extended past 14 days or cancelled upon
request as needed
Food packages come in two forms:
o Packages needing refrigeration (if the hotel/motel has a refrigerator this option
will be utilized)
o Packages of non-perishables (it is anticipated that these will be utilized at a
faster rate than the refrigeration packages)
Food packages may be customized if needed:
o Diabetic
o Low sodium
o Vegetarian
11. Decommission Plan
The use of this facility for the unsheltered homeless and medically stable COVID-19
patients will be secured for three (3) months and will terminate upon the rescinding of the
order. Once the State order has been lifted, those homeless individuals that have not been
connected to permanent housing will be diverted to the appropriate homeless services
provider and returned to where they were originally staying as identified by the outreach
team.
Homeless Relocation Plan:
• The Sheriff’s HOPE team will coordinate transportation services with the HOST team
• Transportation will be provided through groups or cohorts to the appropriate
destinations
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• It is anticipated that up to 50 persons will be transported per day with a scaling back of
hotel/motel services
The rooms will be professionally cleaned prior to assuming regular business use and the
hotel property will be returned to its previous condition at the end of the occupancy
agreement term.
Tenancy rights will be waived by the client upon the admission agreement and language
will be entered into the occupancy agreement noting weekly stays for tenants that will be
renewable on an as needed basis. In addition, it will be expected that the hotel/motel in
conjunction with County services and support will meet the following criteria which
affords exception to the 30 day rule:
• The hotel/motel keeps a right of access and control of the room; and
• The hotel/motel has facilities to safeguard personal property; and
• The hotel/motel provides central telephone service; and
• The hotel/motel provides maid, mail, and room services; and
• Food service is in or adjacent to the premises of the hotel/motel.
12. Security Plan
Security will be provided 24/7 at the hotel/motel and on premises of the facility. Security
will be designated to the lobby and will be continuously roaming the grounds of the
facility. All food will be brought into the hotel/motel regularly and personnel will be
isolated. The temporary residents will be encouraged to remain in their room and avoid
accessing any of the residential or commercial service areas.
13. Informing Providers and Community
The Department of Public Health (DPH), has notified all its employees, partners, and
providers about best practices to prevent and prepare for a COVID-19 outbreak. The
County of San Bernardino has worked with DPH to develop and administer training
specifically for support providers providing housekeeping services at these isolation
locations.
DPH has launched a robust, comprehensive COVID-19 web portal (sbcovid19.com)
aimed at providing key guidance for the residents of the county. It includes program
guidance and tools from DPH and CDC, as well as infectious disease preparedness
guidance for different communities/agencies.
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14. Roles and Responsibilities
Roles and Responsibilities for the COVID-19 Homeless Emergency Response include:
I. Preparing Housing Inventory – Economic Development Department primary
point of contact (POC)
a) Develop an inventory of motel/hotel providers
i) Locations, number of rooms, cost, etc.
ii) Communicate intent to cities
iii) Engage the motel/hotel providers for potential leasing/contract
development
iv) Develop motel/hotel provider messaging
II. COVID-19 Education – HS and OHS
a) Prepare educational materials for motel/hotel providers
i) Information and precautionary measures needed for employees in
engaging the homeless
ii) Appropriate sanitation
iii) Development of materials and printing
III. Communication with Local Jurisdictions – DEO and Government and Legislative
Affairs
a) Develop messaging plan
b) Determine main POC
c) Provide CEO and AEO with details of city/town concerns
IV. Public Health Response
a) Actions needed to secure the health and safety of the homeless population
and/or priority populations
b) Personal Protective Equipment
V. Provider Care Coordination – KEYS, DBH, and OHS
a) Develop strategy for public health response with homeless services
VI. Engaging in an Immediate Response
a) Engage a motel/hotel provider to acquire at minimum 50 rooms to start
moving unsheltered individuals or families into rooms to shelter in place
b) Engage a homeless service provider to provide case management for each
client and provide access to mainstream resources, if available, food, hygiene
products, etc.