Why the Chico City Council Should Renew the Shelter Crisis Declaration…
…and why it probably won’t happen if you don’t take action today.
Like cities all over the country, Chico remains in the midst of a shelter crisis. Judge England recently noted this, and advised city leadership to begin to educate citizens about the issue. Failing to renew the Declaration of Shelter Crisis carries the implication to the community that we do not have a shelter crisis, when in fact we do. It has become a flash point here in Chico as well as much of the rest of the country, not to mention a significant humanitarian crisis. Renewing the Shelter Crisis provides an excellent opportunity to educate the community and demonstrate city leadership understands the seriousness of this issue.
Just as importantly, renewing the Shelter Crisis Declaration provides a plethora of benefits to the city:
Perhaps of most immediate and critical import, given that the city is about to embark on participating on some form of sheltering on city-owned property, it exempts the city from liability during the provision of emergency sheltering:
“The political subdivision shall be immune from liability for ordinary negligence in the provision of emergency housing pursuant to Section 8698.2. This limitation of liability shall apply only to conditions, acts, or omissions directly related to, and which would not occur but for, the provision of emergency housing. This section does not limit liability for grossly negligent, reckless, or intentional conduct which causes injury.”
It enables a great deal of flexibility with sheltering options, suspending regulations (on city owned properties) that would hinder the provision of shelter:
“The provisions of any state or local regulatory statute, regulation, or ordinance prescribing standards of housing, health, or safety shall be suspended to the extent that strict compliance would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis. Political subdivisions may, in place of such standards, enact municipal health and safety standards to be operative during the housing emergency consistent with ensuring minimal public health and safety. The provisions of this section apply only to additional public facilities open to the homeless pursuant to this chapter.”
There is no fiscal impact on the city to renew; however, there may be additional targeted funding available from the state in the future, as there was the past few years. While there is not specific funding available at this time, it’s a tool that been used to direct funds to municipalities before and given the serious and ongoing nature of this crisis, will likely be used again.
Full text of the applicable code available here
The city of Sacramento recently renewed their Shelter Crisis Declaration; in doing so, they noted that there is no fiscal impact for the renewal; that there is an actual shelter crisis emergency; and that renewing the Shelter Crisis Declaration has the potential to bring additional funding. See attached.
To fail to renew the shelter crisis declaration is not just short-sighted. It flies in the face of the reality that Chico is, demonstrably, in the midst of a shelter crisis; that the city’s mishandling of the crisis has now landed us in court again, at considerable cost; and that we need flexibility and reduced liability as we begin to try to dig out of this mess. It is not only ethically questionable but fiscally irresponsible to fail to renew the crisis declaration.
Why is the Chico City Council likely to fail to renew it anyway?
Unfortunately, the current city council majority continues to gaslight the community about this issue. Kami Denlay is the worst offender, continuing to insist there is no shelter crisis and voting against any and all initiatives that will help the homeless. Sean Morgan is nearly as bad, stridently claiming that the people on our streets “aren’t from Chico” (which is demonstrably untrue) and that they should be forced to leave the city. Kasey Reynolds, Deepika Tandon, and Andrew Coolidge all continue to pander to the angry and ill-informed constituents who elected them, and won’t risk it.
There is literally no downside to renewing the Shelter Crisis Declaration. There are no costs, only potential benefits. It’s time to rise above pandering to an ill-informed minority. It’s time to educate our citizens and demonstrate to the judge the city is taking his admonitions seriously. It’s time to protect our community from additional liability as we begin the process of sheltering people on city-owned land. It’s time to do the right thing for Chico.
Please take a few minutes to send an email to the city council on this issue; the city has never needed the flexibility and protection from liability it provides as much as it does now with some form of shelter about to be provided on city land.
You can also comment until 4:30 on Chico Engaged.
Lastly, you can address the council in-person tonight and speak for three minutes on this. The Agenda Item is 5.10 if you plan to attend.
𝐇𝐞𝐥𝐩 𝐔𝐬 𝐒𝐭𝐚𝐧𝐝 𝐔𝐩 𝐟𝐨𝐫 𝐒𝐨𝐥𝐮𝐭𝐢𝐨𝐧𝐬 𝐟𝐨𝐫 𝐂𝐡𝐢𝐜𝐨
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