RESOLUTION NO. RD:SSG:LJR 3/08/2017

Transcription

1 RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN JOSE DECLARING A SHELTER CRISIS IN THE CITY OF SAN JOSE FOR VICTIMS OF THE 2017 FLOODS IN THE CITY OF SAN JOSE AND DESIGNATING THE SEVEN TREES COMMUNITY CENTER AS A TEMPORARY SHELTER WHEREAS, on February 21, 2017, the Director of Emergency Services for the City of San José ( City ) proclaimed a local emergency related to the flooding that caused extensive damage in low-lying areas adjacent to Coyote Creek that started on February 21, 2017; and WHEREAS, on February 24, 2017, the Director of Emergency Services issued a new proclamation of local emergency related to this flooding event; and WHEREAS, on February 28, 2017, the City Council adopted a resolution ratifying the Director of Emergency Services proclamations of the existence of a local emergency; and WHEREAS, as of March 9, 2017, approximately 500 homes still had restricted access, making habitability difficult or impossible, resulting in hundreds of people needing temporary housing; and WHEREAS, the initial response to the flood has been to open an emergency shelter at the Seven Trees Community Center located at 3590 Cas Drive ( Seven Trees ), the Red Cross has operated the facility under a use agreement with the City, between 120 and 180 individuals have been staying at the shelter each night since it opened; and T / _2.doc 1

2 WHEREAS, according to the 2015 San José Homeless Census and Survey, a total of 4,063 people were counted in San José on the mornings of January 27 and 28, 2015; and WHEREAS, approximately 69% or 2,810 of this population were unsheltered, including 778 people living in encampment areas; and WHEREAS, the recent flood has caused the temporary displacement of over 500 individuals; and WHEREAS, the City s existing emergency shelter network cannot accommodate the number of flood victims needing emergency shelter; and WHEREAS, the emergency shelter at the Seven Trees has housed between 120 and 180 people per night; and WHEREAS, a significant number of individuals that were displaced from their housing also experienced the loss of their vehicles and thus relocation of those individuals to a shelter outside of their neighborhood would make transportation to schools, their prior residence, or other community facilities, very difficult; and WHEREAS, approximately 20 children are among the individuals being housed at the Seven Trees facility each evening; and WHEREAS, pursuant to the provisions of California Government Code section 8698 et seq., the City may declare a shelter crisis when there is a situation in which a significant number of persons are without the ability to obtain shelter resulting in a threat to their health and safety; and T / _2.doc 2

3 WHEREAS, pursuant to California Government Code section (b), upon declaration of a shelter crisis, the provisions of state or local regulatory statutes, regulations, and ordinances prescribing standards of housing, health, or safety are deemed suspended and inapplicable to the extent that strict compliance with such regulations or ordinances would in any way prevent, hinder, or delay the mitigation effects of the shelter crisis; and WHEREAS, strict compliance with otherwise applicable state or local statutes, regulations and ordinances would prevent, hinder or delay the mitigation of the effects of the shelter crisis; and WHEREAS, given the lack of available shelter and housing to meet the needs of the displaced flood victims, staff is recommending that the City Council declare the existence of a shelter crisis to allow the Seven Trees Community Center to be used as a temporary emergency shelter, or such other facility as may be deemed necessary by the Director of Housing to provide emergency shelter to flood victims through May 31, 2017; and WHEREAS, the City now desires to declare the existence of a shelter crisis in the City of San José pursuant to and in accordance with the provisions of California Government Code section 8698 et seq. and designating the Seven Trees Community Center to be occupied as a temporary emergency shelter; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE THAT: 1. Based upon the facts above and those included in the memorandum from the Director of Housing dated March 7, 2017 there is an existence of a situation in T / _2.doc 3

4 which a significant number of persons are without the ability to obtain shelter resulting in a threat to their health and safety. 2. A shelter crisis is hereby declared pursuant to and in accordance with the provisions of California Government Code section 8698(a)(1) allowing the Seven Trees Community Center located at 3590 Cas Drive to be occupied as a temporary emergency shelter, or such other facility as may be deemed necessary by the Director of Housing to provide emergency shelter to flood victims through May 31, It is determined that strict compliance with otherwise applicable state or local statutes, regulations and ordinances would prevent, hinder or delay the mitigation of the effects of the shelter crisis. 4. It is determined that the declaration of shelter crisis shall continue until terminated by the City Council and it shall be applicable to activities that include but are not limited to the establishment and continued operation of the warming shelter program. T / _2.doc 4

5 ADOPTED this day of, 2017, by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: ATTEST: SAM LICCARDO Mayor TONI J. TABER, CMC City Clerk T / _2.doc 5