Dec 8, 2015 - (1) Adopt a resolution declaring the existence of a shelter crisis in the City of San Jose pursuant to and
COUNCIL AGENDA: ITEM:
12/8/15
,
CITY OF
SAN JOSE
Memorandum
CAPITAL OF SILICON VALLEY
TO: HONORABLE MAYOR AND CITY COUNCIL
SUBJECT: INCLEMENT WEATHER RESPONSE FOR VULNERABLE POPULATIONS Approved
w
^
/
FROM: Jacky Morales-Ferrand
DATE: November 23, 2015
Date
K/zn/tS'
RECOMMENDATION
(1)
Adopt a resolution declaring the existence of a shelter crisis in the City of San Jose pursuant to and in accordance with the provisions of California Government Code section 8698 et seq. and designating the following four City owned facilities to be occupied as overnight warming facilities by homeless individuals during the crisis: a. Bascom Community Center, 1000 S Bascom Ave, San Jose, CA 95128; b. Tully Community Library, 880 Tully Rd, San Jose, CA 95111 c. Washington United Youth Center, 921 S 1st St, San Jose, CA 95110; and d. Bibliotheca Branch Library, 921 S 1st St, San Jose, CA 95110.
(2)
Approve a sole source Agreement with HomeFirst, to serve as the administrator of the overnight warming center program, and provide other shelter and services for homeless individuals during periods of inclement weather from December 15, 2015 through March 31, 2016 for an amount not to exceed $430,000.
(3)
Direct staff to create a pilot Temporary Church Shelter Program and authorize the following: a. Waive the public outreach requirement in Council Policy 6-30; and b. Fund all related expenses through the General Fund (001) Homeless Rapid Rehousing appropriation.
OUTCOME The City Council's approval of these recommendations will support a response plan that will provide a coordinated system of outreach and services for the unsheltered population in San Jose during periods of severe inclement weather this winter.
HONORABLE MAYOR AND CITY COUNCIL November 23, 2015 Inclement Weather Response for Vulnerable Populations
Page 2
BACKGROUND The latest forecasts from National and local weather services are indicating El Nino could bring higher than normal storm activity and rainfall to the San Jose region this winter. Should these predictions become a reality, the possibility of severe weather coupled with potential flooding poses a significant threat to the health and well-being of the approximately 2,800 unsheltered individuals in San Jose living along the waterways, on the streets, and in other exposed areas. Traditionally, the regional response to these potentially life-threatening conditions has been somewhat limited. During cold weather months - from November 30 through March 31 - the County opens its Cold Weather Shelter Program in Sunnyvale, Gilroy, and San Jose. This program, managed by the non-profit HomeFirst, activates approximately 250 emergency shelter beds for unhoused residents, including 50 beds of shelter in San Jose. These beds operate on a nightly basis, offering shelter and food to residents. When the sites project to exceed capacity, beds are allocated through either a lottery system or a first-come, first-served basis. Even with the addition of these beds, however, there still remains a lack of viable, local options for homeless populations in San Jose to seek refuge when major storm systems pass through the region. On October 27, 2015, the Council was provided with a report and presentation on the preparation activities underway or planned in advance of the winter storm season. This included staff s planning efforts to help mitigate the threat to unsheltered individuals in San Jose this coming winter.
ANALYSIS The City Emergency Operations Plan provides guidance for the governance of the operation of warming centers during severe weather and provides some direction on response for pre-disaster homeless individuals. Etowever, the current system does not provide adequate support or overnight shelter planning to meet the current needs of the homeless population in San Jose. With the approach of El Nino and the expected negative impact to unsheltered populations living in encampments, staff recommends the following inclement weather response plan to help mitigate the potential threat this winter. The proposed actions include:
-
1. Offering street outreach through existing contracts; 2. Declaration of a Shelter Crisis in order to use City owned facilities to create overnight warming centers at City owned facilities; 3. Execute an Agreement with HomeFirst to operate Overnight Warming Centers 4. Working with religious institutions to provide temporary shelter in places of worship; and 5. Coordinating with the inclement weather planning of the County's Office of Supportive Housing.
HONORABLE MAYOR AND CITY COUNCIL November 23, 2015 Inclement Weather Response for Vulnerable Populations
Page 3
Together, these actions create a coordinated system of response to meet the needs of the most vulnerable residents during severe inclement weather. Additional information on each action follows. 1. Street Outreach Using Existing Contracts
Currently, the City funds street outreach through several non-profit partners, including HomeFirst and PATH. During periods of inclement weather, outreach workers will be directed to target areas at risk of flooding and guide or transport vulnerable individuals to safe locations. These teams will also coordinate with law enforcement, first responders, and other outreach staff throughout the community including personnel from the Valley Homeless Healthcare Program. Encampment hotspots are being mapped in advance of the expected severe weather for enhanced outreach services with the goal of clearing any major concentrations of people residing in areas at high risk for flooding. 2. Declaration of a Shelter Crisis
California Government Code Section 8698 allows a city to declare a state of emergency due to a shelter crisis, and provides that, upon such declaration, the city obtains defenses to ordinary negligence connected with provision of emergency housing. Such a declaration allows the city to suspend certain regulations and standards of housing, health or safety to the extent strict compliance would prevent, hinder, or delay mitigation of the shelter crisis. It also provides that any city may allow homeless persons to occupy designated public facilities for the duration of the state of the emergency. In order to declare a shelter emergency, a city must find that there is an 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. The information below may support a recommendation to the Council to declare a shelter crisis in San Jose: • According to the 2015 San Jose Homeless Census and Survey, a total of 4,063 people were counted in San Jose on the mornings of January 27 and 28, 2015. • Approximately 2,810 (69%) of this population were unsheltered, including 778 people living in encampment areas. • The most recently completed Housing Inventory Chart, which provides a detailed listing of all homeless beds in the community, identified only 1,566 homeless beds in the City. • Homeless individuals and homeless advocates have testified that there are insufficient shelter beds to house all of the people living outside. • Homeless individuals are at risk of injury and harm due to exposure to the weather and the result of having to live outside. • The impacts of people sleeping overnight in City parks, sidewalks, parking lots, and creeks impacts both neighborhoods and the environment.
HONORABLE MAYOR AND CITY COUNCIL November 23, 2015 Inclement Weather Response for Vulnerable Populations
Page 4
Given the lack of available shelter and housing to meet the needs of the existing homeless population, the City Council could declare a shelter crisis to temporarily use the following Cityowned sites for overnight warming centers and shelters:
• Bascom Community Center, 1000 S Bascom Ave, San Jose, CA 95128; • Tully Community Library, 880 Tully Rd, San Jose, CA 95111; • Washington United Youth Center, 921 S 1st St, San Jose, CA 95110; and, • Bibliotheca Branch Library, 921 S 1st St, San Jose, CA 95110. A warming center is a short-term emergency shelter that operates overnight for a set period of time when temperatures or a combination of precipitation, wind and temperature become dangerously inclement. Their paramount purpose is the prevention of death and injury related to exposure to the elements. These sites are geographically dispersed throughout the community and are located in areas that are close to known concentrations of homeless populations living in potentially unsafe and exposed areas. Each site was also selected for reasons such as additional space for storage of belongings, ADA compliance, accessible restroom and/or shower facilities, heating, and access to additional nearby supportive services and public transportation. 3. HomeFirst Agreement for Overnight Warming Center Operations
Though several non-profit agencies have provided informal warming centers in the past during daytime operations, no systematic process is in place currently to activate overnight sites throughout the City. In anticipation of this gap in services, the Housing Department released an Essential Services RFP in June of 2015, which included funding for overnight warming center operations. While no organizations responded to the initial RFP, staff conducted extensive outreach to the agencies who had expressed some level of interest in the program. From that effort, HomeFirst presented a proposal to coordinate and operate an overnight shelter program for the City. The Housing Department recommends execution of a sole source agreement with HomeFirst. This agency has experience operating mass shelter services from its work with the County. The program budget of $430,000 includes staffing, shelter, food, security, and facility cleaning services for up to 100 people per night and 30 calendar days of inclement weather. Unlike the County's Cold Weather Shelter Program, which operates with a fixed schedule during the winter months, HomeFirst's proposed inclement weather shelters would only activate if the National Weather Service forecasts: • • •
An overnight low of 38 degrees or lower with a probability of rain less than 50%; or, An overnight low of 42 degrees or lower with a probability of rain of 50% or greater; or, Prolonged periods of rain with flash flooding in low-lying areas.
HONORABLE MAYOR AND CITY COUNCIL November 23, 2015 Inclement Weather Response for Vulnerable Populations
Page 5
The conditions described above present significant risk to unsheltered persons, especially those who are ill or injured. The recommended thresholds are similar to conditions that trigger the County and other local jurisdictions' inclement weather programs. Under the contract, HomeFirst will also provide daytime services for unsheltered individuals, which includes safe access to shower, sanitation, and laundry facilities at the agency's Boccardo Reception Center on 2011 Little Orchard Drive in San Jose. In addition to people currently served, the site will provide drop-in day services for up to 30 unhoused clients, five days per week. Priority will be given to individuals contacted by Citywide and downtown outreach teams. 4. Utilize Churches to Provide Temporary Shelter
Utilizing the volunteer-base and the physical space of faith-based institutions can be an effective tool to further enhance the community's ability to respond to inclement weather conditions. As described in part 17 of Title 20 of the San Jose Municipal Code, a church or religious institution may provide temporary shelter to homeless persons. The Code, however, requires a special use or conditional use permit and limits the provision of overnight shelter up to 15 people per location - as permitted by maximum site occupancy - for up to 35 calendar days each year. In addition, Council Policy 6-30, which requires public notification and outreach for any pending land use and development proposals applies. While the Housing Department is currently working with a network of religious institutions and advocates interested in participating in such a program, the length of the required application process with a public hearing and associated costs make it challenging for interested parties to consider implementation this year. Therefore, staff is recommending the creation of a pilot Temporary Church Shelter Program to provide enhanced support to interested faith-based institutions with the goal of creating additional shelter opportunities this winter. To that end, staff is recommending the implementation of the following: • Expedite any Special Use or Conditional Use Permit application for temporary church shelter. • Waive the public outreach requirement in Council Policy 6-30, Public Outreach Policy for Pending Land Use and Development Proposals, for churches seeking to shelter homeless people this winter. • Fund all related expenses through the General Fund (001) Homeless Rapid Rehousing appropriation. For all applicants, the Housing Department will provide technical assistance to develop safe and effective shelter management plans and training for volunteers providing services. If this pilot project gains significant community interest this year, staff may return with changes to the existing ordinance to further increase the impact of the program.
HONORABLE MAYOR AND CITY COUNCIL November 23,2015 Inclement Weather Response for Vulnerable Populations
Page 6
5. Coordination with the County Office of Supportive Housing
The County Office of Supportive Housing (OSH) is concurrently developing an inclement weather response plan for vulnerable populations. This includes the identification of more cold weather shelter beds, expanded outreach, and distribution of emergency supplies to individuals at risk. Currently, OSH anticipates creating an additional 200 beds from community partners county-wide for their inclement weather response. Housing staff will coordinate activation timing and planning with OSH to maximize all resources available. EVALUATION AND FOLLOW-UP The Department will continue to provide progress updates to City Council as specific elements discussed in this memorandum move forward.
PUBLIC OUTREACH This memorandum will be posted on the City's Council Agenda website for the December 8, 2015 Council Meeting.
COORDINATION Preparation of this report was coordinated with the Departments of Planning, Building and Code Enforcement, Parks, Recreation & Neighborhood Services, Library, the Office of the City Attorney, and the City Manager's Budget Office. COST SUMMARY IMPLICATIONS 1.
AMOUNT OF RECOMMENDATION: PROPOSED USES
2.
AMOUNT
HomeFirst Agreement Permitting/Pilot Program Soft Expenses
$430,000 $50.000
TOTAL
$480,000
SOURCE OF FUNDING: $50,000 General Fund (001); $430,000 Housing Trust Fund (440)
HONORABLE MAYOR AND CITY COUNCIL November 23, 2015 Inclement Weather Response for Vulnerable Populations
Page 7
3.
FISCAL IMPACT: Funding in the amount of $480,000 has been previously appropriated both in the General Fund (001) for Homeless Rapid Rehousing and in the Housing Trust Fund (440) for Housing and Homeless Projects.
BUDGET REFERENCE The table below identifies the fund and appropriation proposed to fund the actions recommended as part of this Memorandum.
Fund# 001
Appn# 2062
440
2453
Appn. Name Homeless Rapid Rehousing Housing and Homeless Projects
Total Appn $2,904,000
Proposed Action $50,000
2015-2016 Adopted Operating Budget IX-7
$4,430,000
$430,000
XI-46
Last Budget Action (Date, Ord. No.) 10/20/15 Ord. 29636 6/23/15 Ord. 29589
CEOA Exempt, File No. PP15-119.
/s/ JACKY MORALES-FERRAND Director of Housing
For information contact Ray Bramson, Homelessness Response Manager, at (408) 535-8234.
