TO: Mayor and City Council
THROUGH: Keith Stahley, City Manager
FROM: Dan Atchison, City Attorney
SUBJECT:
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Expiration of the Emergency Declaration related to unsheltered residents.
Ward(s): All Wards
Councilor(s): All Councilors
Neighborhood(s): All Neighborhoods
Result Area(s): Good Governance; Safe Community; Welcoming and Livable Community.
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ISSUE:
Information only.
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SUMMARY:
Resolution No. 2022-57 was adopted by City Council in December 2022 to extend the declaration of emergency related to unsheltered residents through December 2023. The purpose of the extension was to allow the waiver of City land use regulations to permit the continuation of sheltering and managed microsite options for the unsheltered at locations approved by the City Council. The Emergency Declaration is no longer necessary as the City sponsored site are able to obtain City land use approval.
FACTS AND FINDINGS:
City Council originally declared a state of emergency relating to unsheltered residents on January 21, 2020 and has extended that declaration twice, most recently until December 31, 2023. Under the authority of the declaration, the City instituted a vehicle Safe Park pilot program, warming centers and temporary microshelter locations.
Since that time, the City Council has amended the Salem Revised Code to
provide a land use process for approval of microshelter villages, Safepark locations, and warming centers. Operators have prepared applications to the City’s Planning Division to obtain land use approval and it is no longer necessary to operate under the Emergency Declaration.
The expiration of the Emergency Declaration does not mean the unsheltered crisis has abated, merely that the operators of shelters no longer need the allowances provided under the Declaration to maintain the shelters. Oregon Revised Statute 401.309 provides that the declaration of a state of emergency shall be limited to the duration of the conditions giving rise to the declaration.
BACKGROUND:
Salem Revised Code, Chapter 2 provide authority for the City Council to declare a state of emergency if emergency conditions exist within the City, and to authorize the City Manager to take actions to address the conditions.
Dan Atchison
City Attorney
Attachments:
1. None