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Consider adopting an urgency ordinance enacting Chapter 8 of the Solano County Code establishing minimum health and safety standards for emergency homeless facilities and shelters (4/5 vote required)
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Published Notice Required? Yes ____ No _X _
Public Hearing Required? Yes ____ No _X _
DEPARTMENTAL RECOMMENDATION:
The Department of Resource Management recommends that the Board:
1. Read the proposed ordinance by title only and waive further reading by majority vote; and
2. Adopt an urgency ordinance enacting Chapter 8 of the Solano County Code establishing minimum health and safety standards for emergency homeless facilities and shelters (4/5 vote required).
SUMMARY:
On August 28, 2018 the Board adopted Resolution No. 2018-165 that declared a shelter crisis pursuant to Government Code section 8698.2 exists in Solano County and that this lack of shelter threatens the health and safety of unsheltered persons. Pursuant to Government Code section 8698.1(b), this declaration suspends provisions of state or local regulatory statute, regulation, or ordinance prescribing standards of housing, health, or safety to the extent that strict compliance would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis. The state statute allows the Board to enact minimum local health and safety standards for emergency homeless shelters and facilities, such as those reflected in the proposed urgency ordinance, that replace existing health and safety requirements currently being enforced. Once enacted, the standards in the ordinance will be operative only during a declared housing emergency and will apply only to facilities owned, operated, leased or maintained by Solano County.
On August 28, 2018 the Board approved the concept and implementation of a Tiny Shelter Pilot Project to be located on County property on Brown Street, Vacaville near the intersection of Brown Street and Monte Vista Avenue. If adopted, the standards contained in this urgency ordinance would be used for this pilot project.
FINANCIAL IMPACT:
The costs associated with preparing the agenda item and urgency ordinance are nominal and absorbed by the department’s FY2018/19 Adopted Budget.
DISCUSSION:
A variety of emergency homeless sheltering methods exists throughout California and the nation. In developing this proposed urgency ordinance, staff researched shelters operated by Yuba County in Marysville and by the City of Oakland due to their similarity to the 5th Impact Tiny Shelters proposal brought forward by Supervisor Thomson and discussed by the Board of Supervisors on August 28, 2018.
Yuba County’s “14Foward” emergency homeless shelter facility was highlighted by the California State Association of Counties (CSAC) and is used as a model in the region. It has 20 separate sheds/cabins, housing two people each, within a facility that provides, or has access to, basic sanitation needs. 14Foward has been in operation since July 15, 2016 and is reported to have had 259 individuals utilize the facility since opening. Staff toured 14Forward and discussed the health and safety standards established via an urgency ordinance adopted by the Yuba County Board of Supervisors with the staff from Yuba County.
The City of Oakland has emergency homeless shelters like those of 14Forward at two locations, 6th and Castro opened in December 2017 and 27th and Northgate opened in April 2018. Both locations are reported to have 20 units, housing two people each per shelter/cabin unit. These shelter facilities where established at different times, and the City modified the later of the two (27th and Northgate) based on its experiences so that the shelters included more light/ventilation, added insulation, more storage space, and a secured, lockable door. They also added a dog run. These conditions reflect those at 14Forward.
Reviewing the Yuba County and the City of Oakland models for emergency homeless center facility and shelter projects, and recognition of 14Foward by CSAC, the urgency ordinance presented to the Board for approval is based largely upon that developed and adopted by Yuba County with input from Department of Resource Management staff from the Building, Public Works, and Environmental Health Divisions. One difference to the Yuba County Ordinance is length of participation. The Yuba County ordinance limits participants to 21 days, but allows an unspecified number of extensions. In practice, Yuba County staff state that they will allow up to an eighty-four day maximum stay, which is four times the length of stay in a campground. The proposed urgency ordinance limits the length of stay of participants to 90 days, which can be extended with approval from the County, or a County approved provider, for up to one year. This is consistent with the 30 to 90 day probationary period included in Draft 5th Impact Housing Program Participant Guidelines presented to the Board on August 28, 2018 and with the one-year transient occupancy allowed via a use permit for a private campground located in unincorporated Solano County. Other key differences include in the urgency ordinance is that shelter units must be weatherproof and have a heat and cold barrier in or on the ceilings and walls; the facility must provide or have access to potable water and shade; the facility must be graded to prevent excessive run-off; and a pet management plan must be developed if pets are allowed. These best management practices are being implemented 14Forward, though they are not included in the Yuba County Ordinance.
It is imperative that this ordinance move forward as an urgent matter to protect public health and safety, especially for homeless individuals who are unable to find shelter. This ordinance, together with Resolution No. 2018-165, will align Solano County’s declared shelter crisis with the Government Code by immediately establishing standards for health and safety at emergency homeless facilities and shelters.
Environmental Analysis:
In accordance with the California Environmental Quality Act (CEQA), it has been determined that this project is exempt from further environmental review under Section 15061(b)(3) of Title 14 of the California Code of Regulations because there is no possibility that the project may have a significant effect on the environment.
ALTERNATIVES:
The Board may choose to:
1. Not adopt the urgency ordinance. This is not recommended as this ordinance prescribes minimum standards for health and safety for emergency homeless shelters and facilities located on County property in lieu of compliance with existing codes and regulations; or
2. Modify and then adopt the urgency ordinance to reflect different health and safety standards than those proposed. This is at the Board’s discretion, but is not recommended as the standards presented reflect those of a similar ordinance adopted in Yuba County along with recommendations from Department staff.
OTHER AGENCY INVOLVEMENT:
County Counsel assisted in development of the ordinance. Department of Health and Social Services staff were contacted for input on ordinance. Staff from the Yuba County Community Development and Service Agency provided information on development of their ordinance and standards used for the 14Forward homeless shelter in Yuba County.
CAO RECOMMENDATION:
APPROVE DEPARTMENTAL RECOMMENDATION