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Proclaiming a local State of Emergency on Homelessness, pursuant to the California Emergency Services Act (Gov. Code §§ 8550 et seq.)

The Long Beach City Council unanimously approved a local emergency declaration on homelessness on Tuesday, Jan. 10, 2023, joining both Los Angeles County and LA city, which have passed similar declarations in an effort to reduce the ongoing crisis.

The emergency declaration will allow Long Beach to request assistance from the county, the state, and the federal government. It will also authorize the city manager’s office to take preventive measures necessary to help alleviate the homeless crisis in Long Beach.

See attached for Alameda County’s emergency declaration and the supporting documentation that they used. This could potentially be a model for us to use.

Section 8550 – Legislative declaration (Current through the 2023 Legislative Session).

The state has long recognized its responsibility to mitigate the effects of natural, manmade, or war-caused emergencies that result in conditions of disaster or in extreme peril to life, property, and the resources of the state, and generally to protect the health and safety and preserve the lives and property of the people of the state. To ensure that preparations within the state will be adequate to deal with such emergencies, it is hereby found and declared to be necessary:

(a) To confer upon the Governor and upon the chief executives and governing bodies of political subdivisions of this state the emergency powers provided herein; and to provide for state assistance in the organization and maintenance of the emergency programs of such political subdivisions.(b) To provide for a state office to be known and referred to as the Office of Emergency Services, within the office of the Governor, and to prescribe the powers and duties of the director of that office.(c) To provide for the assignment of functions to state entities to be performed during an emergency and for the coordination and direction of the emergency actions of those entities.(d) To provide for the rendering of mutual aid by the state government and all its departments and agencies and by the political subdivisions of this state in carrying out the purposes of this chapter.(e) To authorize the establishment of such organizations and the taking of such actions as are necessary and proper to carry out the provisions of this chapter.

It is further declared to be the purpose of this chapter and the policy of this state that all emergency services functions of this state be coordinated as far as possible with the comparable functions of its political subdivisions, of the federal government including its various departments and agencies, of other states, and of private agencies of every type, to the end that the most effective use may be made of all manpower, resources, and facilities for dealing with any emergency that may occur.

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Various jurisdictions in the US have Alternative Owner Builder (AOB) codes (also known as Schedule K), including Mendocino County in California.

Class K building ordinances exist to “provide minimum requirements for… limited density rural dwellings and appurtenant structures” and “to permit the use of ingenuity and preferences of the builder.”

Class K ordinances are based on and sanctioned by California’s Title 24 Building Code Development & Adoption and Title 25 Housing and Community Regulations. California’s Title 25 Housing and Community Development Regulations says that people who build limited density owner-built rural dwellings (Class K houses) are to be allowed “to use their ingenuity in the pursuit of health and safety” rather than having the government define health and safety requirements for them.

State law requires counties to adopt a General Plan which makes adequate provisions for housing their citizens. The adoption of regulations for limited density rural dwellings is an attempt by counties to achieve an acceptable level of housing inventory for their General Plans. State law also requires counties to provide shelter for residents qualifying for general relief.County Class K ordinances “provide minimum requirements for the protection of life, limb, health, property, safety,” etc.

These alternative permits allow homeowners to use alternative means and materials, rather than relying on contractors to build their homes using conventional and often expensive methods. Owner/builders are allowed to have one inspection only, though they have the right to request additional inspections. This has resulted in a number of construction innovations, some of which do not adhere to conventional concepts of health or safety. For more information, email: pbsplanner@mendocinocounty.org or click on the link in the box below: