Loading...
HomeMy WebLinkAbout01 CONSIDERATION OF ALTERNATIVE LOCATIONS FOR TEMPORARY EMERGENCY HOMELESS SHELTERAgenda Item I AGENDA REPORT Reviewed: ger City Man a Finance Director /A MEETING DATE: DECEMBER 6, 2018 TO: JEFFREY C. PARKER, CITY MANAGER FROM: TUSTIN HOUSING AUTHORITY SUBJECT: CONSIDERATION OF ALTERNATIVE LOCATIONS FOR TEMPORARY EMERGENCY HOMELESS SHELTER SUMMARY: This item seeks input from the public and the City Council regarding potential alternative locations for the temporary emergency homeless shelter currently planned at the Northeast corner of Redhill Avenue and Valencia Avenue RECOMMENDATION: That the City Council direct staff return to the December 18, 2018 City Council meeting with a report about the potential alternative sites described below so that the City Council can provide direction to staff to move forward with planning for the temporary emergency homeless shelter at one of those alternative locations, or another such site or sites as identified by the City Council. FISCAL IMPACT: The fiscal impact would vary depending on the shelter location selected by the City Council. Preliminary cost estimates will be provided if the Council directs staff to report back at a future meeting with additional information about one or more alternatives. CORRELATION TO THE STRATEGIC PLAN: Strategic Plan Goal B is to ensure Tustin is an attractive, safe and well-maintained community in which people feel pride. Providing additional direction to City staff about the location of a temporary shelter, and subsequently opening the facility, will enable the City to enforce its camping and related ordinances to ensure the City remains attractive, safe and well maintained. 1327335.1 Agenda Report — Alternative Homeless Shelter Locations December 6, 2018 Page 2 BACKGROUND AND DISCUSSION: Prior Resolutions Declaring a Shelter Emergency and Authorizing Conversion of the ATEP Structures into a Homeless Facility. In the last Point in Time Count and Survey in January, 2017, 69 persons were identified as unsheltered in the City of Tustin. Since the last Point in Time Count, the number of unsheltered individuals in the County and in the City of Tustin has increased for a variety of reasons. The next Point in Time Count is scheduled to occur in January, 2019. In response to the growing number of unsheltered individuals in the City, on October 16, 2018 the City Council adopted Resolution 18-75 declaring a shelter crisis pursuant to California Government Code section 8698. On November 6, 2018, the City Council adopted Resolution 18-76 authorizing conversion of the City -owned structures at the corner of Redhill and Valencia Avenues (the "ATEP Site") into a temporary shelter for unsheltered individuals. The ATEP Site was selected given the City had site control and the land use was compatible to meet the required Federal Court timeframe. At the same time, the Council gave additional direction that a Police Officer will be staffed at the site from 7:00 am to 6:00 pm, Monday through Friday, corresponding to school hours, and that staff should pursue a permanent site as quickly as possible. (Ratherthan repeating the extensive background information and discussion from that document, a copy of the November 6 staff report is attached hereto as Exhibit A; a copy of the full Staff Report with all of its exhibits is available on the City's website at http://www.tustinc6.org/citVhalI/agendas/default.asp.) Developments Since November 6, 2018 In accordance with the direction in Resolution 18-76, City staff and consultants have been actively planning for and designing the approved homeless facility at the ATEP Site. Although some of that work has involved site visits, no actual construction work has occurred. Since the November 6 meeting, City staff has received communications from City residents, including many whose children attend Heritage Elementary School, who have voiced opposition to the approved facility at the ATEP Site and have urged the City to relocate the proposed shelter to a different site located away from schools. On or about November 15th, the City of Santa Ana announced that it was opening its new 200 -bed interim homeless shelter (called "The Link") located at the intersection of Redhill and Warner Avenue in Santa Ana, on the border with Tustin. On or about November 30th, the City of Santa Ana began extensive daily sweeps of their unsheltered population, offering beds or other appropriate facilities to the unsheltered individuals in that city, and enforcing their ordinances against those individuals who declined the shelter and who failed to move on when warned. Over 100 individuals have accepted the shelter invitation and an even greater number have been cited or arrested over the past five days. Those daily sweeps are continuing. Tustin staff has observed Agenda Report — Alternative Homeless Shelter Locations December 6, 2018 Page 3 several new homeless individuals in the City since the sweeps in Santa Ana began. As a reminder, Tustin remains unable to enforce its similar ordinances until a 50 -bed shelter is operational. On December 4, 2018, the City Council declared the results of the November 6, 2018 General Municipal Election and two new City Councilmembers (Austin Lumbard and Barry Cooper) were sworn into office. In light of all of these developments, staff seeks direction whether the City Council would like to consider possible alternatives to the planned ATEP site. Potential Alternatives City Staff have been evaluating two potential locations for an interim emergency shelter that the City Council may wish to consider. (A number of other locations have been considered but are not regarded as viable options for the interim facility in light of the strict Federal Court timeline requiring the opening of the facility by February 23, 2019, and/or because the properties are not owned by the City and the procedures required for acquisition would require significantly more time than is available.) Alternative 1: The Former Army Reserve Site The first potential alternative is the former Army Reserve site located on Barranca Avenue next to the District Shopping Center. The property is now owned by the City and is fenced in since it was formerly used as a military installation. The buildings at the site are currently being used to house a portion of the City's Public Works operation while the City's corporate yard is undergoing renovations, but there is a large parking lot adjacent to the buildings which could house a temporary emergency shelter such as temporary trailers or other temporary structures. Utilities are available at the site. Alternative 2: Vacant Property at the Corner of Warner and Armstrong The second alternative is vacant property located at the southeast corner of Warner and Armstrong, adjacent to an existing berm that was graded for future use as a pedestrian bridge. The site has been rough graded but is otherwise unimproved, and is not yet paved. Utilities are available from adjacent Armstrong Avenue. The property is owned by the City. Like the former Army Reserve Site, it is possible that temporary trailers or other temporary structures could be moved onto this property to operate as a temporary shelter. As previously announced, staff have been re-evaluating alternate sites to the ATEP Site, and staff requests the Council's direction whether to further evaluate one or both of these sites, or another such site or sites as identified by the City Council, and to provide more detailed information at the Council's next regular meeting. Attachment: Exhibit A - November 6, 2018 Staff Report (without its attachments) Agenda Item 1.0- AGENDA REPORT Reviewed: City Manager Finance Director MEETING DATE: NOVEMBER 6, 2018 TO: JEFFREY C. PARKER, CITY MANAGER FROM: TUSTIN HOUSING AUTHORITY SUBJECT: RESOLUTION AUTHORIZING CONVERSION OF A PUBLIC FACILITY INTO A FACILITY FOR UNSHELTERED INDIVIDUALS AND DECLARING THE NEED FOR THE IMMEDIATE EXPENDITURE OF PUBLIC MONEY TO CONVERT THE CITY -OWNED STRUCTURES. SUMMARY: Adoption of resolutions declaring the need for the immediate expenditure of public money in order to convert City -owned structures into shelter for unsheltered men, women and children will enable the City: (1) to protect the health, safety and welfare of residents by housing unsheltered individuals; (2) to comply with the Federal Court 120 day deadline to open a shelter for the homeless; and (3) to enforce ordinances prohibiting unregulated homeless encampments in public areas such as the City's camping and related ordinances, thus protecting the quality of life in Tustin. RECOMMENDATION: That the City Council: Adopt Resolution 18-76 (Attachment A) authorizing conversion of City -owned structures into a shelter for unsheltered individuals; and 2. Approve the Notice of Exemption (Exhibit B) and the Notice of Determination (Exhibit C), and direct staff to file them with the County Clerk; and 3. Adopt Resolution 18-84 (Attachment F) declaring the necessity of the immediate expenditure of public money to convert the structures pursuant to Public Contract Code § 20168; and delegating authority to order action in furtherance of such conversion pursuant to Public Contract Code § 22050(B)(1); (4/5ths vote required); and 4. Direct staff to initiate outreach to solicit public input regarding the long-term location of a homeless shelter. Ism 1327335.1 Agenda Report — Resolution Authorizing Conversion of City -Owned Structures to Homeless Shelter and Declaring the Necessity of Immediate Expenditure of Public Money November 6, 2018 Page 2 5. Provide direction to staff to return to a future meeting of the City Council with a report regarding an alternative location for the temporary shelter. FISCAL IMPACT: Resolution 18-76 will authorize the Public Works Director to proceed with the expenditures to convert City -owned structures into shelter for the homeless without formal Public Contract Code bidding. The total cost of the conversion of the existing facility located at the corner of Redhill Avenue and Valencia Avenue (across Valencia from Village of Hope) is unknown at this time but will be reported to the City Council when a cost proposal is received. CORRELATION TO THE STRATEGIC PLAN: Strategic Plan Goal B is to ensure Tustin is an attractive, safe and well-maintained community in which people feel pride. Authorizing the Public Works Director to proceed with expenditures to convert City -owned structures into a shelter without formal Public Contract Code bidding enables the City to convert such facilities to shelter beds in an expedited manner. Expediting the project is consistent with the October 16 declaration of shelter crisis and enables the City to meet the 120 -day Federal Court deadline to open a facility. Opening a facility in turn will enable the City to enforce its camping and related ordinances to ensure the City remains attractive, safe and well maintained. BACKGROUND AND DISCUSSION: Prior Resolution Declaring Shelter Emergency In the last Point in Time Count and Survey in January, 2017, 69 persons were identified as unsheltered in the City of Tustin. (See Attachment D.) Of those, 57 were male and 12 were female. Since the last Point in Time Count, the number of unsheltered individuals in the County and in the City of Tustin has increased for a variety of reasons. The next Point in Time Count is scheduled to occur in January, 2019. In response to the growing number of unsheltered individuals in the City, and to enable the City to apply for State funds to assist in providing shelter for unsheltered individuals, on October 16, 2018 the City Council adopted Resolution 18-75 declaring a shelter crisis pursuant to California Government Code section 8698. Recent Legal Limitations Imposed on the City's Authority to Enforce Ordinances Against Homeless Individuals. At the same time, public agencies have seen their authority to enforce ordinances prohibiting sleeping in outdoor areas like parks and public plazas reduced by court decisions. Most recently, on September 4, 2018, the Ninth Circuit Court of Appeals in Martin et al v City of Boise (9t' Cir. 9/4/2018) _ FAth _, Case No. 15-35845, opinion 1327335.1 Agenda Report — Resolution Authorizing Conversion of City -Owned Structures to Homeless Shelter and Declaring the Necessity of Immediate Expenditure of Public Money November 6, 2018 Page 3 attached as Attachment E) held that enforcing a city ordinance that prohibits sleeping in public places violates the Constitution's ban on cruel and unusual punishment if there are no alternatives available to the individual in the jurisdiction. Although the City of Tustin is home to exemplary facilities for individuals who find themselves homeless, including the Village of Hope and the Veteran's Outpost, the shelter components of those are currently run with religious practices attached. Unfortunately, under the Ninth Circuit's published decision in Martin v. Boise, cities cannot criminally punish individuals for sleeping outdoors if their only alternative is a facility run with religious requirements attached. As a result, unless secular sleeping facilities are actually available and offered as an alternative at the time of enforcement the Ninth Circuit decision would likely result in litigation to preclude the City from enforcing against the homeless the City ordinances that preclude sleeping in public places. The Federal Lawsuit and the Likely Migration of Homeless Populations to Cities Without Shelters. Meanwhile, Federal lawsuits were filed last year when the County of Orange and City of Anaheim relocated several hundred homeless individuals from the flood control channel in Anaheim. Several of those lawsuits were consolidated and assigned to Federal District Court Judge David Carter in Santa Ana. The City of Tustin was sued as part of those lawsuits, as have the County of Orange and all of the other cities in Orange County. Judge Carter made it clear that he would issue injunctions against any city that enforces its anti -camping and related ordinances against homeless individuals unless the City offers an immediately -available secular bed at the time of enforcement. As a result of that litigation, nearby cities including Santa Ana and Anaheim are building new and expanded shelters for homeless individuals that, when opened, will enable those cities to enforce their prohibitions on camping in public areas. (Judge Carter announced on October 29, 2018, for instance, that the opening of a new 200 -bed emergency homeless facility in an unspecified location in Santa Ana is "imminent".) And other cities have, like Tustin, approved Federal settlement agreements in the litigation committing to open similar facilities so those cities will have immediately available beds to offer when they enforce ordinances against sleeping and camping in public places. Future enforcement of camping ordinances in those cities that do have available shelter beds is likely to cause those homeless individuals who are unwilling to accept those cities' facilities to migrate to other cities that do not, and that therefore lack authority to enforce their anti -camping ordinances. That is one of the key reasons the City of Tustin sees an urgent need to establish an emergency homeless facility with beds available for the City to refer its homeless to. Taking action as soon as possible to ensure that there are adequate secular sleeping alternatives available to those who are willing to accept them will help the City of Tustin 1327335.1 Agenda Report — Resolution Authorizing Conversion of City -Owned Structures to Homeless Shelter and Declaring the Necessity of Immediate Expenditure of Public Money November 6, 2018 Page 4 ensure that public areas like parks, the civic center, the library plaza and city sidewalks will remain safe, attractive and well-maintained for the public at large. If a migration of a homeless population from one or more other cities to Tustin occurs before the City of Tustin has established immediately -available beds to offer, the City will lack the ability to enforce its anti -camping ordinance, and the City's unsheltered population is likely to grow as a result. A City -owned location that is appropriately zoned. The City owns a facility that is currently vacant that until recently was leased to the South Orange County Community College District for their Advanced Technology Education Park ("ATEP"). The site is within Planning Area 1 of the Tustin Specific Plan down Lansdowne from Heritage Elementary School. Along with Planning Area 3, Planning Area 1 in the Specific Plan supports the accommodation of emergency shelters, transitional housing, supportive housing, and community care facilities. In addition, the property is located directly across the street from the existing Village of Hope, a successful facility which, among other services, currently provides medical and dental services to homeless individuals on a secular basis. As a result of its proximity to existing services, land use designation and the size, facilities and layout of the former ATEP buildings, and the comparatively lower shelter operational expenses by utilizing a City -owned facility, the City is in a position to quickly, efficiently and cost-effectively convert the former ATEP facility into an at least 50 -bed homeless shelter. Doing so will enable the City to comply with the terms of the Federal court settlement which requires the City to establish a secular homeless facility within 120 days. Declaring Need the for Immediate Expenditures The California Public Contract Code ordinarily requires City public works contracts to be competitively bid when a contract exceeds $5,000. However, Public Contract Code section 20168 allows an exception to the competitive bidding requirements when a city council adopts a resolution by a four-fifths vote declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property. Based on the Council's October 16 declaration of a shelter crisis, the emergency exemption requirements set forth in Public Contract Code section 20168 would be met. The presence of many unsheltered individuals in the City satisfies the definitions of a homeless crisis under State law, and the need for immediate expenditures and action to house individuals, along with the 120 -day time constraint to open a secular homeless facility, each precludes use of the full, formal competitive bid process. Instead, the Public Works Director will use an expedited process to achieve the best value for the City under these pressing circumstances. 1327335.1 Agenda Report — Resolution Authorizing Conversion of City -Owned Structures to Homeless Shelter and Declaring the Necessity of Immediate Expenditure of Public Money November 6, 2018 Page 5 As noted above, approval of the emergency exemption will require approval of Resolution 18-84 with at least four (4) Council members in support. CEQA: For the reasons explained in the attached Notice of Determination (Attachment C), the proposed project is within the scope of the Environmental Impact Statement / Environmental Impact Report for the Disposal and Reuse of Marine Corps Air Station (MCAS) Tustin, and the Supplemental Environmental Impact Report thereto which analyzed the impacts of the Tustin Legacy Specific Plan. No further environmental review is required. (Public Resources Code section 21166; CEQA Guidelines sections 15168, 15162.) In the alternative, and in an abundance of caution, the proposed project is exempt from CEQA pursuant to the Class 1, Class 3, and Class 32 exemptions for the reasons explained in the attached Notice of Exemption (Attachment B). Attachments: A. Resolution 18-76 B. CEQA Notice of Exemption C. CEQA Notice of Determination D. 2017 Point In Time Count Report — City of Tustin E. Martin v. Boise (Ninth Circuit court decision) F. Resolution 18-84 1327335.1