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HomeMy WebLinkAbout04-10-2024 SM Agenda PacketMayor and City Council of the City of San Bernardino Page 1 CITY OF SAN BERNARDINO SPECIAL MEETING AGENDA FOR THE SPECIAL MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, APRIL 10, 2024 2:00 PM ­ CLOSED SESSION – OPEN SESSION TO FOLLOW IMMEDIATELY FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG Theodore Sanchez Helen Tran Damon L. Alexander COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7 MAYOR Sandra Ibarra Charles A. Montoya COUNCIL MEMBER, WARD 2 CITY MANAGER Juan Figueroa Sonia Carvalho COUNCIL MEMBER, WARD 3 CITY ATTORNEY Fred Shorett Genoveva Rocha MAYOR PRO TEM, WARD 4 CITY CLERK Ben Reynoso COUNCIL MEMBER, WARD 5 Kimberly Calvin COUNCIL MEMBER, WARD 6 Welcome to a meeting of the Mayor and City Council of the City of San Bernardino. PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC COMMENT OPTIONS OR CLICK ON THE FOLLOWING LINK https://tinyurl.com/mccpubliccomments Please contact the City Clerk's Office (909) 384­5002 two working days prior to the meeting for any requests for reasonable accommodations To view PowerPoint presentations, written comments, or any revised documents for this meeting date, select the link https://tinyurl.com/agendabackup From the City's homepage www.sbcity.org select the Government category ­> City Clerk ­> on the Navigation menu select Search for Records Online ­> Council Agendas ­> Current Year 2023 ­> Meeting Date Mayor and City Council of the City of San Bernardino Page 2 CALL TO ORDER Attendee Name Council Member, Ward 1 Theodore Sanchez Council Member, Ward 2 Sandra Ibarra Council Member, Ward 3 Juan Figueroa Mayor Pro Tem, Ward 4 Fred Shorett Council Member, Ward 5 Ben Reynoso Council Member, Ward 6 Kimberly Calvin Council Member, Ward 7 Damon L Alexander Mayor Helen Tran City Manager Charles A. Montoya City Attorney Sonia Carvalho City Clerk Genoveva Rocha 2:00 P.M. CLOSED SESSION PUBLIC COMMENT CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d) (2)): Notice of Claim, Steve Carrigan, dated November 28, 2023, Claim No. GHC0065668 B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (POTENTIAL INITIATION OF LITIGATION) Government Code Section 54956.9(d)(4) (One Case) INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA DISCUSSION 1. Homeless Initiatives Update (All Wards) ADJOURNMENT The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on April 17, 2024, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 4:00 p.m., and Open Session will begin at 5:00 p.m. Mayor and City Council of the City of San Bernardino Page 3 CERTIFICATION OF POSTING AGENDA I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the April 10, 2024 Special Closed Session and Special Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City's bulletin board located at 201 North "E" Street, San Bernardino, California, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, and on the City's website sbcity.org on April 9, 2024. I declare under the penalty of perjury that the foregoing is true and correct. Genoveva Rocha, CMC, City Clerk Mayor and City Council of the City of San Bernardino Page 4 NOTICE OF A SPECIAL MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DATE: Tuesday, April 9, 2024 SUBJECT: Special Meeting on Wednesday, April 10, 2024 NOTICE IS HEREBY GIVEN that the City Manager, with a consensus of the Mayor and City Council of the City of San Bernardino, has called a Special Closed Session and Special Meeting (Study Session) for Wednesday, April 10th, 2024, at 2:00 p.m. to be held at the Feldheym Central Library, 555 West Sixth Street, San Bernardino 92401. Closed Session will begin at 2:00 p.m., and the Study Session will immediately follow. Said meeting shall be for the purpose of considering the following: CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): Notice of Claim, Steve Carrigan, dated November 28, 2023, Claim No. GHC0065668 B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (POTENTIAL INITIATION OF LITIGATION) Government Code Section 54956.9(d)(4) (One Case) DISCUSSION TO REVIEW PRESENTATION, DISCUSS & PROVIDE FEEDBACK 1. Homeless Initiatives Update Notice of this Special Meeting is furnished to the Mayor, each member of the City Council, City Staff, and community members on the agenda notification list, and the newspapers within the City of San Bernardino. To be added to the distribution list, please email sbcityclerk@sbcity.org ADJOURNMENT The next Regular Meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on April 17, 2024, at the Feldheym Central Library, 555 West Sixth Street, San Bernardino 92401. Closed Session will begin at 4:00 p.m. and the Open Session will begin at 5:00 p.m. Genoveva Rocha, CMC, City Clerk Mayor and City Council of the City of San Bernardino Page 5 NOTICE: Any member of the public may address this meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item appearing on the agenda by approaching the microphone in the Council Chamber when the item about which the member desires to speak is called and by asking to be recognized. Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made. The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code. ALTERNATE MEETING VIEWING METHOD: You may view the meeting from the following location if there are any technical issues with the live stream or recording from the main agenda portal or if you require an option with Closed Captioning. https://reflectsanbernardino.cablecast.tv/CablecastPublicSite/watch/1?channel=6 PUBLIC COMMENT OPTIONS Please use ONE of the following options to provide a public comment: 1) Written comments can be emailed to publiccomments@sbcity.org. Written public comments received up to 12:30 p.m. on the day of the meeting (or otherwise indicated on the agenda) will be provided to the Mayor and City council and made part of the meeting record. They will not be read aloud unless you require an ADA accommodation. Please note: messages submitted via email and this page are only monitored from the publication of the final agenda until the deadline to submit public comments. Please contact the City Clerk at 909­384­5002 or SBCityClerk@sbcity.org for assistance outside of this timeframe. 2) Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the cut­off time for public comment, and the time may vary per meeting. If you wish to submit your speaker slip in advance of the meeting, please submit your request to speak using the form on the following page: https://sbcity.tinyurl.com/mccpubliccomments. 2 0 1 9 CLOSED SESSION City of San Bernardino Request for Council Action Date:April 10, 2024 To:Honorable Mayor and City Council Members From:Sonia Carvalho, City Attorney Department:City Attorney's Office Subject:CLOSED SESSION Recommendation: A.CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): Notice of Claim, Steve Carrigan, dated November 28, 2023, Claim No. GHC0065668 B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (POTENTIAL INITIATION OF LITIGATION) Government Code Section 54956.9(d)(4)       Packet Pg. 7 1 9 9 5 DISCUSSION City of San Bernardino Study Session Meeting Informational Report Date:April 10, 2024 From:Charles A. Montoya, City Manager Department:City Manager's Office Subject:Homeless Initiatives Update (All Wards) Executive Summary The City’s response to addressing homelessness consists of both short-term and long- term strategies. In the long-term plan, a permanent navigation center named the San Bernardino Homeless Outreach Education and Prevention Campus (HOPE Campus) will be constructed, offering 200 beds and a range of services to connect unhoused individuals with housing and programs. The HOPE Campus is currently on track to begin construction in November of 2024, with completion estimated to be July 31, 2025. During this timeframe, the City will utilize motel vouchers as a short-term, temporary solution of providing shelter. The City's ongoing efforts include homeless outreach services provided by Hope the Mission (HTM) and a mobile shower and laundry service program through Community Action Partnership of San Bernardino County (CAPSBC). These initiatives aim to stabilize the unhoused population while efforts continue towards permanent housing solutions. Background The State of California is currently experiencing a homelessness crisis, where it accounts for 28 percent of all people experiencing homelessness nationwide and 49 percent of all people experiencing unsheltered homelessness. One of the causes is the cost housing, where prices have risen over 100% over a ten-year period. Compounding this issue is a decline in affordable housing availability, insufficient affordable housing vouchers, and a rising disparity in wages vs cost of living. Further exasperating the issue are increases in mental illness and substance abuse, which have risen by approximately 38% over the last 5 years in California according to the U.S. Department of Health and Human Services. During the period of 2017 to 2023, homelessness has grown 175% in the City of San Bernardino, where 40% of the County’s homeless resides within City limits. To address this growing crisis, the Mayor and City Council adopted a Resolution declaring a Homelessness State of Emergency on February 1, 2023. Following the declaration, the       Packet Pg. 8 1 9 9 5 Mayor and City Council adopted the Homelessness State of Emergency Implementation Plan on May 17, 2023, which outlined a series of steps and measures that the City would explore. This included expanding shelter bed capacity through various projects and partnerships, as well as establishing or expanding homelessness-related services, such as an outreach team and a mobile shower and laundry program. Legal Landscape The manner in which the City responds to the homelessness crisis is governed by the legal precedents established by the 9th Circuit Court of Appeals (“Court”) in the Martin v. City of Boise (“Martin”) and Johnson v. City of Grants Pass (“Grants Pass”) cases. As a result of these rulings, the City cannot enforce anti-camping ordinances without providing adequate shelter nor can the City prohibit the homeless from using measures to keep themselves warm while they are exposed to the elements. Furthermore, for the purposes of enforcing an anti-camping ordinance, the City cannot direct homeless individuals to shelters that mandate a religious-based treatment program. In its ruling, the Court did clarify that: 1) their holding does not cover individuals who do have access to adequate temporary shelter; 2) even where shelter is unavailable, an ordinance prohibiting sitting, lying, or sleeping outside at particular times or in particular locations might well be constitutionally permissible; and 3) an ordinance barring the obstruction of public rights of way or the erection of certain structures may also be constitutionally permissible. The Court did not, however, provide a specific definition for what constitutes “adequate temporary shelter,” nor did they provide a specific outline on how to structure an anti- camping ordinance to be constitutionally permissible. To help fill in the unanswered questions from the Martin and Grants Pass cases, the City uses various legal settlements as guidelines in how it approaches and navigates its response to the homelessness issue. It is important to note that legal settlements are not legal precedent, and they are only binding for the specific parties of the lawsuit; these settlements only serve as guidelines for the City to reduce its legal risk. The settlements agreements that involve the City and County of Los Angeles currently serves as guidance for the City of San Bernardino. Under these settlements, the City and County of Los Angeles must provide shelter beds for 60% of its unsheltered population, as well as case management, warp-around services, and supportive services. Per the settlement agreement, shelters may be government or privately funded, and can include, “tiny homes, shared housing, purchased or master-leased apartments, hotels/motels, or other buildings…” Staff Analysis As a response to the homelessness crisis, the City has developed a long-term plan that includes the construction of a permanent, City-owned navigation center and the implementation of ongoing services. Additionally, the City is working with community partners to bring additional emergency shelters online. Through this long-term plan, the City will be able to help stabilize its unhoused population and put them on a path towards       Packet Pg. 9 1 9 9 5 permanent housing. Additionally, this will allow the City to enforce an anti-camping ordinance, which will need to be in alignment with recent court rulings. In the interim period, the City has also established a short-term strategy that includes a motel voucher program and the implementation of encampment clean-ups. It is important to note that these programs are currently on pause due to a preliminary injunction against the City regarding its encampment clean-up operations. The reason the Motel Voucher Program is also being paused is because the City is aligning this program to coincide with the encampment clean-ups, as it provides a place of temporary re-location during the clean-up process. Once the injunction is lifted, the City will resume these programs to help improve the health and safety of the City’s public spaces. Long Term Plan The City’s navigation center, called the San Bernardino Homeless Outreach Education and Prevention Campus (“HOPE Campus” or “Navigation Center”), serves as the cornerstone of the City’s long-term plan. The HOPE Campus will provide 200 beds and offer interim housing, recuperative care, and comprehensive onsite services that will connect the City’s unsheltered population to a wide range of programs, services, and housing. For the design and construction of the HOPE Campus, the City is using the design-build process to select a qualified developer. The first step of this process was the release of a Request for Qualification (RFQ), which occurred on January 3, 2024. The purpose of an RFQ is to establish a short list of qualified firms by evaluating their expertise and experience as it relates to the project. The second step of the design-build process was the release of a Request for Proposals (RFP) to the qualified firms, which occurred on March 18, 2024. Through the RFP, the qualified firms will submit their proposals for both the design and construction of the HOPE Campus, which will be awarded on a “Best Value” basis rather than “Lowest Bid.” The proposals for the HOPE Campus are due May 13, 2024, and as part of the evaluation process, the City will conduct a series of panel interviews with the firms that submit proposals. The City anticipates bringing a recommendation for the Mayor and Council’s approval at the June 5, 2024, Mayor and City Council Meeting. If approved, the City estimates that the design will be completed by October 30, 2024, and construction will be completed by July 31, 2025. The City is also a partner with Lutheran Social Services of Southern California (LSSSC) on the San Bernardino Community Wellness Center (Community Wellness Center), which will consist of 140 interim housing units and an onsite federally qualified health clinic, where case management, behavioral health treatment, and other services will be provided. On December 9, 2023, the City and LSSSC were awarded a $35 million Homekey grant award for this project, and City staff have been holding weekly       Packet Pg. 10 1 9 9 5 coordination meetings with LSSSC to ensure that it remains on schedule. A groundbreaking ceremony will be scheduled on April 15, 2024, and the interim housing units will be completed in December of 2024. LSSSC anticipates full project completion by the end of March 2025. Short Term Strategy The City’s Motel Voucher Program serves as a temporary, short-term measure to help address the City’s homelessness crisis while the Navigation Center is under construction. The program was approved by the Mayor and City Council on December 6, 2023, and is aligned to operate alongside the encampment clean-up operations. The Motel Voucher Program serves as a way for the City to temporarily re-locate homeless individuals in order to help facilitate the clean-up efforts, while also connecting them to local non-profit agencies so that case management services can be provided. Staff previously examined several alternative interim shelter options; however, their costs and timeframes made them non-viable for an interim solution. Currently, the City has agreements with four (4) local motels, all of which were selected through the RFP process and approved by the Mayor and City Council. All four (4) motels are in good standing with the City, as there are no outstanding business license or code enforcement issues associated with the properties. In total, 201 beds are available, and the program is funded through state and federal funds; there is no General Fund impact associated with the program. The Motel Voucher Program is currently on pause as a result of the preliminary injunction against the City’s encampment clean-up efforts. Ongoing Programs The City currently provides homeless outreach services through Hope the Mission (HTM), a 501(c)(3) non-profit organization. The homeless outreach team was approved by the Mayor and City Council on May 17, 2023, and outreach services commenced in June 2023. During that time, HTM has enrolled 184 individuals in case management programs, and have successfully placed 65 in shelters, substances use services, and/or permanent housing. Once the Motel Voucher Program is resumed, HTM will also assist in providing referrals to the Motel Voucher Program and will coordinate with service providers such as the Pair Team and California University of Science and Medicine to provide wraparound medical and behavioral care on-site. In addition to the homeless outreach team, the City also provides a mobile shower and laundry service program through Community Action Partnership of San Bernardino County (CAPSBC). The program was approved by the Mayor and City Council on May 17, 2023, and utilizes a 28-foot-long mobile unit that is equipped with three (3) full-service restrooms, two (2) washers, and (2) dryers. While the mobile shower unit can relocate as needed to different areas of the City, it requires a connection to the City’s water supply in order to operate. The mobile shower unit visits multiple sites every month as part of its standard rotation, which includes the following locations:       Packet Pg. 11 1 9 9 5 •Benjamin Jones Resource Center Seccombe Lake Recreation Area 160 W. 5th Street, San Bernardino •Family Assistance Program 323 7th Street, San Bernardino •San Bernardino Valley College 701 Mt. Vernon Ave, San Bernardino The mobile shower unit has also been deployed for special events, such as the Veterans Standdown and Homeless Resource Event held at Perris Hill Park in October 2023. Next Steps + Timeline The table below provides the timeline for the design and construction of the HOPE Campus / Navigation Center: Navigation Center Construction Timeline May 13, 2024 Request for Proposals Due June 5, 2024 Contract Award Date October 20, 2024 Design Completion July 31, 2025 Construction Completion Future Fiscal Impact There is no immediate General Fund impact associated with the Navigation Center, Motel Voucher Program, Homeless Outreach Team, or Mobile Shower Program. These programs and projects are currently funded through State and Federal funds. Beginning fiscal year 2026/2027, there will be an annual General Fund impact of $2 million to help sustain homelessness-related services, which was authorized by the Mayor and City Council on October 4, 2023. 2021-2025 Strategic Targets and Goals The Homelessness Initiatives update relates to Key Target No 3: Improved Quality of Life.       Packet Pg. 12