CC 2016-02-23_12a HSOC_Temporary Warming Shelters
MEMORANDUM
TO: CITY COUNCIL
FROM: DIANNE THOMPSON, CITY MANAGER
SUBJECT: CONSIDERATION OF RECOMMENDATIONS BY THE HOMELESS
SERVICES OVERSIGHT COUNCIL REGARDING TEMPORARY
WARMING SHELTERS
DATE: FEBRUARY 23, 2016
RECOMMENDATION:
It is recommended the City Council discuss recommendations by the Homeless
Services Oversight Council (HSOC) and San Luis Obispo County Board of Supervisors
(SLO BOS) regarding warming shelters; and
1. direct staff to prepare a response letter to the SLO BOS.
2. do not declare a shelter crisis or provide additional funding at this time;
3. process temporary or pilot warming shelters via the Temporary Use Permit
process;
IMPACTS ON FINANCIAL AND PERSONNEL RESOURCES:
No direct fiscal impact. This item is not identified in the Critical Needs Action Plan.
BACKGROUND:
At the February 9, 2016 City Council meeting, following a presentation by the 5 Cities
Homeless Coalition, it was agreed to schedule a future agenda item to discuss options
for addressing the needs of the homeless. The intent of the request is to raise
awareness regarding the urgent needs of the homeless, particularly during cold
weather, and evaluate potential services that may be expeditiously provided by non-
profits and the Community.
Additionally, on February 2, 2016, the SLO BOS unanimously approved the following
(Attachment 1):
- Declared a shelter crisis for the unincorporated area of the County per the
Government Code noted above. The declaration sunsets April 15, 2016.
- Formally requested all incorporated cities make a similar declaration.
- Made $10,000 available for warming shelters/centers. Community organizations
would apply to use the funds.
- Requested each of the incorporated cities also to make $10,000 available for
warming shelters/centers.
- Encouraged community partners and communities within SLO County to bring
forward additional recommendations.
Item 12.a. - Page 1
CITY COUNCIL
CONSIDERATION OF RECOMMENDATIONS BY THE HOMELESS SERVICES
OVERSIGHT COUNCIL REGARDING TEMPORARY WARMING SHELTERS
FEBRUARY 23, 2016
PAGE 2
- Directed County staff to further examine why existing shelters are not being used
at full capacity.
- Requested bringing back to the Board options to streamline the Conditional Use
Permit process (in the unincorporated area) related to shelters so that community
organizations may be able to open or expand warming centers and shelters more
expeditiously.
ANALYSIS OF ISSUES:
Declaration of a Shelter Crisis
Government Code Sections 8698, et seq. include a provision that would allow
government-owned or leased buildings and facilities to be made available for use as
warming shelters (Attachment 2). A shelter crisis may be declared due to a finding that
a significant number of persons are without the ability to obtain shelter resulting in a
threat to their health and safety. Provisions are included to temporarily waive certain
provisions regarding housing habitability and limit City liability. The declaration would be
subject to a sunset provision (e.g., after winter months). The County and the City of
Paso Robles have declared a shelter crisis for this winter. It should be noted, however,
that the City already has a warming shelter on E. Grand Ave. leased by the County
since 2013. It should also be noted that the 5 Cities Homeless Coalition has recently
applied for a permit to relocate the facility within Arroyo Grande but not within a public
facility.
Funding
SLO BOS has recommended that each of the cities in the County make $10,000
available to warming shelters. It was noted by Janna Nichols, Executive Director of the
5 Cities Homeless Coalition during her presentation, that they had received a sizable
donation by the New Life Church that will enable them to continue operations of a
warming shelter in the South County. Additionally, the City provides funding through the
Community Service Grant process. In 2015, $1,500 was awarded and proposals for
2016 are currently under review.
Process
Council may wish to consider streamlining the City review and approval process for
applications related to warming shelters. A streamlined process could be enacted with
an urgency ordinance to allow the waiver of certain provisions or processes (e.g.
suspending code sections that would require a discretionary permit to establish the
use). Ms. Nichols of the Five Cities Homeless Coalition indicated that her agency’s most
urgent request was that the Council enact a streamlined process to open warming
shelters in non-public facilities. However, in the past the City has utilized a Temporary
Use Permit process to serve as a streamlined process (as compared to a conditional
use permit). This process was previously used successfully for the St. Barnabas safe
parking program that was approved for a trial period.
Critical components of the TUP process for a warming shelter would include extensive
stakeholder outreach and final approval by the City Council. Therefore, it is not
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CITY COUNCIL
CONSIDERATION OF RECOMMENDATIONS BY THE HOMELESS SERVICES
OVERSIGHT COUNCIL REGARDING TEMPORARY WARMING SHELTERS
FEBRUARY 23, 2016
PAGE 3
recommended that the City modify our regulations to provide a new streamlined process
since our current process has worked well in the past. If desired, Council could direct
staff to prioritize processing of applications for warming shelters within our current
process.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1) Respond to the County with a letter describing the City’s current activities related
to homeless shelters (the City recognizes the need to address homeless issues
in our community and will continue to work with the County, other jurisdictions
and non-profit partners in these efforts, the City supports the warming shelter
currently in operation in our City, and the City currently funds and will likely
continue to fund the Five Cities Homeless Coalition in their work).
2) Declare a shelter crisis based on the identified need and in accordance with
Government Code Sections 8698, et seq.
3) Consider the County’s request for financial support of $10,000.
4) Direct staff to prioritize warming shelter applications non-public facilities with our
current TUP process.
5) Discuss modifying the City’s current regulations to further streamline the
application and approval process for warming shelters at non-public facilities.
ADVANTAGES:
• Declaration of a shelter crisis for this winter is not needed as the County already
operates a shelter in the City. Additionally, groups currently renting City facilities
would be significantly impacted. Finally, the City does not currently have the
resources (staffing, expertise or funding) to use a City facility as a shelter.
• Not providing funding of $10,000 would not likely impact operations of such a
facility as the 5 Cities Homeless Coalition has received adequate private funding.
• Utilizing the Temporary Use Permit process for the approval of a temporary or
pilot warming shelter for non-public facilities would enable churches or other
facilities to open their buildings for use temporarily.
DISADVANTAGES:
• Not declaring a shelter crisis would not provide the opportunity for City facilities
or additional government leased facilities to operate as temporary warming
shelters for the remaining winter season should the existing shelter capacity be
exceeded.
• By not contributing funding of $10,000 to further aid south county operations
additional funding is limited to private donations and existing grants.
• Allowing the Temporary Use Permit Process to serve as a streamlined permit
process for temporary or pilot warming shelters may limit the City’s ability to
require appropriate conditions and may limit public review opportunities.
Item 12.a. - Page 3
CITY COUNCIL
CONSIDERATION OF RECOMMENDATIONS BY THE HOMELESS SERVICES
OVERSIGHT COUNCIL REGARDING TEMPORARY WARMING SHELTERS
FEBRUARY 23, 2016
PAGE 4
ENVIRONMENTAL REVIEW:
Staff has reviewed the proposed options in accordance with the California
Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande
Procedures for the Implementation of CEQA and determined that all are exempt per
Section 15269 of the CEQA Guidelines because they are specific actions to mitigate an
emergency situation.
PUBLIC NOTIFICATION:
The Agenda was posted in front of City Hall on Thursday, February 18, 2016. The
Agenda and report were posted on the City’s website on Friday, February 19, 2016. No
comments have been received.
Attachments:
1.February 3, 2016 email from Dan Buckshi, SLO County Administrative Officer
2.Government Code Section 8698
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ATTACHMENT 1
1/19/2016 CA Codes (gov:86988698.2)
http://www.leginfo.ca.gov/cgibin/displaycode?section=gov&group=0800109000&file=86988698.2 1/2
GOVERNMENT CODE
SECTION 86988698.2
ɯɭɰɯ. For purposes of this chapter, the following definitions shall
apply:
ſaƀ "Political subdivision" includes the state, any city, city and
county, county, special district, or school district or public
agency authorized by law.
ſbƀ "Governing body" means the following:
ſɨƀ The Governor for the state.
ſɩƀ The legislative body for a city or city and county.
ſɪƀ The board of supervisors for a county.
ſɫƀ The governing board or board of trustees for a district or
other public agency.
ſɬƀ An official designated by ordinance or resolution adopted by a
governing body, as defined in paragraph ſɩƀ, ſɪƀ, or ſɫƀ.
ſcƀ "Public facility" means any facility of a political
subdivision including parks, schools, and vacant or underutilized
facilities which are owned, operated, leased, or maintained, or any
combination thereof, by the political subdivision through money
derived by taxation or assessment.
ſdƀ "Declaration of a shelter crisis" means the duly proclaimed
existence of 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.
ɯɭɰɯ.ɨ. Upon a declaration of a shelter crisis, the following
provisions shall apply during the period of the emergency.
ſaƀ The political subdivision shall be immune from liability for
ordinary negligence in the provision of emergency housing pursuant to
Section ɯɭɰɯ.ɩ. 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.
ſbƀ 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.
ɯɭɰɯ.ɩ. ſaƀ ſɨƀ The governing body may declare a shelter crisis,
and may take such action as is necessary to carry out the provisions
of this chapter, upon a finding by that governing body that a
significant number of persons within the jurisdiction of the
governing body are without the ability to obtain shelter, and that
the situation has resulted in a threat to the health and safety of
Item 12.a. - Page 6
ATTACHMENT 2
1/19/2016 CA Codes (gov:86988698.2)
http://www.leginfo.ca.gov/cgibin/displaycode?section=gov&group=0800109000&file=86988698.2 2/2
those persons.
ſɩƀ For purposes of this chapter, the governing body of the state,
in making a declaration of a shelter crisis pursuant to paragraph
ſɨƀ, may limit that declaration to any geographical portion of the
state.
ſbƀ Upon a declaration of a shelter crisis pursuant to subdivision
ſaƀ, the political subdivision may allow persons unable to obtain
housing to occupy designated public facilities during the duration of
the state of emergency.
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