HomeMy WebLinkAbout65C - COUNTY MOU RE HOMELESS SHELTERREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 4, 2018
TITLE:
APPROVE MEMORANDUM OF
UNDERSTANDING WITH THE COUNTY OF
ORANGE TO TRANSITION THE
COURTYARD EMERGENCY HOMELESS
SHELTER TO A NEW LOCATION AND
EXPAND HOMELESS SHELTER BEDS FOR
SANTA ANA
(STRATEGIC PLAN NOS. 1,6; 5,4; 5,6)
(0_9XAiJ_C Tj MANAGER
RECOMMENDED ACTION
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1b' Reading
❑ Ordinance on 2ntl Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager execute the Memorandum of Understanding with the County of Orange
subject to non -substantive changes approved by the City Manager and City Attorney.
DISCUSSION
The City of Santa Ana is currently experiencing a homeless crisis as one of the most urgent issues
concerning public health and safety. As the County seat, Santa Ana has experienced the
overwhelming impact of homelessness from the entire County of Orange. According to the 2017
Point -in -Time (PIT) homeless count, the City accommodates over 13 times its fair share of the
unsheltered homeless population, nearly seven times its fair share of the sheltered population and,
in total, carries 22 times the portion of the homeless population that other cities have.
In fact, due to the overwhelming visibility of the unsheltered homeless population, on March 31,
2018, the City conducted a Citywide PIT count, and found that over 50% of the population arrived
in Santa Ana from other parts of Orange County. The PIT count resulted in a 121 % increase in the
unsheltered homeless population compared to last year's homeless count; further validating the
City being negatively impacted by the lack of homeless shelters throughout the County.
The 2018 City led PIT count also indicated that Santa Ana is home to an estimated 587 sheltered
homeless and 1,030 unsheltered homeless for a total 1,617 homeless population. This includes
individuals, youth and families. The PIT also revealed that 82% of the unsheltered population
reported chronic homelessness and over 30% reported mental health disability, medical health
disability, substance abuse, and domestic violence as barriers to attaining housing on their own.
65C-1
Memorandum of Understanding- Homeless Shelter
September 4, 2018
Page 2
The City has a long history of providing services to alleviate and prevent homelessness for Santa
Ana individuals and families. When seeking solutions to homelessness, the City considers both the
immediate crisis in our community as well as the on-going need for permanent solutions. Each
year, the City awards funds to non-profit homeless service providers to address homelessness and
has been a leader throughout the County in the development of affordable and Permanent
Supportive Housing.
In January 2018, the City created the Quality of Life Team (QOLT) to address a number of concerns
related to municipal code violations, property storage and improper use of public/private property.
This multidisciplinary team is comprised of staff from the Santa Ana Police Department, Parks and
Recreation, Public Works, Code Enforcement and Orange County Healthcare Outreach workers.
This successful best practice outreach model has increased the efficiency and response time in
addressing quality of life issues. From January 2018 to August 2018, the Quality of Life Team has
successfully responded to 999 locations, contacted 1,717 homeless individuals (may include
duplicates), and addressed 1,081 encampments.
Given the significant need to address homeless in Santa Ana, the lack of available shelter beds for
Santa Ana's use, the impacts of the Courtyard Emergency Homeless Shelter and its close proximity
to the Downtown and surrounding communities, the City Council directed staff to negotiate a
Memorandum of Understanding (MOU) with the County to relocate the Courtyard to a more suitable
location and to add bed capacity specifically for Santa Ana's use.
The purpose of this Memorandum is to provide a basic understanding concerning discussions
between the City and County with respect to the proposed Courtyard replacement homeless shelter
site. In addition, the MOU will set forth provisions that the City and County contemplate including:
1. City, in collaboration with the County, to select and acquire a site(s).
2. City to contribute $3.5 million in one-time State HEAP grant funds for the site(s) acquisition
and improvements.
3. City to contribute $1 million for admin/ops for 15 years.
4. County to commit $10 million for the purchase of the site(s) or to lease the site(s).
5. County to operate site(s) for approximately 600 beds of which 475 will be allocated based
on proportional share of unsheltered homeless in the Central SPA.
6. County to prioritize 125 beds for Santa Ana.
The MOU to transition "The Courtyard" emergency homeless shelter to a more suitable location
will provide the following benefits to the City of Santa Ana:
1. Mitigate the negative impacts of homelessness in Downtown Santa Ana and surrounding
communities by transitioning the Courtyard homeless shelter to a more suitable location
and facility designed to maintain a safe and healthy environment. Locations will be
considered to be a safe distance from schools, parks, residential, and other sensitive uses.
2. Provide unsheltered individuals experiencing homelessness a safe place with supportive
services to assist them to transition out of homelessness and into housing.
65C-2
Memorandum of Understanding- Homeless Shelter
September 4, 2018
Page 2
3. Demonstrate a local collaborative effort between the City of Santa Ana and the County of
Orange as the Continuum of Care, as required for the Homeless Emergency Aid Program
(HEAP) grant to attain the Governor's FY by 2018-2019 one-time funds for emergency
homeless aid of approximately $3.7 million to Santa Ana and $15.5 million to the County of
Orange.
4. Will minimize the migration of homeless individuals into Santa Ana as the replacement
emergency shelter site solely from unsheltered homeless individuals from the Central
Service Planning Area, comprised of nine cities, instead of the current regional 34 -city
Countywide Courtyard.
5. Ensures available bed capacity for Santa Ana's use. Of the 600 total bed count, 475 beds
will be allocated based on the proportionality of unsheltered homeless individuals for each
respective city in the Central SPA. Additionally, the MOU guarantees 125 shelter beds for
the City of Santa Ana to facilitate referrals for homeless individuals by the Santa Ana.
6. The County will discontinue the Santa Ana armory program once the replacement site is
operational.
Staff recommends the approval of the memorandum of understanding.
STRATEGIC PLAN ALIGNMENT
The activities covered by this report allow the City to meet Goal # 1 — Community Safety, Objective
# 6 (enhance Public Safety Integration, communication and community outreach); Goal # 5 -
Community Health, Livability, Engagement & Sustainability, Objective # 4 (Support neighborhood
vitality and livability) and # 6 (Focus projects and programs on improving the health and wellness
of all residents).
FISCAL IMPACT
There is no fiscal impact associated with this action. However, a future item will come before the
City Council for the recognition and allocation of funding commitments.
A-- G
Steven A. Mendoza
Executive Director
Community Development Agency
Robert C. Co z
Deputy City M er
City Manager's Office
Exhibit: 1. Memorandum of Agreement negotiated by the City of Santa Ana and
the County of Orange for the transition of the Courtyard Emergency
Homeless Shelter
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65C-4
EXHIBIT 1
City'Draff�8l17�18:a-�
For DiscussionlPurji'o`ses=Only'
This Memorandum of Understanding (°Memorandum') dated as of the day of
2018 ("Effective Date°) is between the City of Santa Ana ("City") and County of
Orange, a political subdivision of the State of CalKomla (°County") (referred to herein Individually as a
"Party' and collectively as the "Parties").
RECITALS
A. City and County have been working cooperatively to Identify real property for a homeless,
shelter to serve Santa Ana's needs and a more conducive replacement facility for the County's Courtyard.
This shelter is Intended to replace the shelter that is currently being operated by the County on Santa Ana
Boulevard in the former OCTA bus station (°Courtyard") with a facility featuring Increased bed capacity
and enhanced services.
B. City and County have tentatively Identified for this purpose a site located at 3100 — 3120
West Central Avenue, In the City of Santa Ana ('Site"), and would like to memorialize the basic
understanding they have reached concerning further steps to control the Site and to outline the operation
of the Site as a homeless -shelter. --
C. The purpose of this Memorandum Is to provide a basic understanding concerning the
discussions the Parties are having with respect to the proposed homeless shelter on the Site and set forth
some (but not all) basic provisions that the Parties contemplate including in a potential 'Operating
Agreement should the Site or an alternative site be secured.
INTENDED ACQUISITION AND USE OF SITE
A. City has communicated in writing to the owner of the Site that It wishes to acquire the
Site. To date, the City's intent has been to secure the Site by purchase, but the Parties acknowledge that
the Site may also be secured by a long-term lease or by other means.
B. The Parties recognize that an alternative sites) may be acquired for the purposes
described herein using similar means with mutual agreement of the Parties in the event control of the Site
Is not obtained for any reason.
C. The Parties Intend for the Site to provide 425 beds to fully replace the Courtyard facility,
provide 125 guaranteed beds allocated to Santa Ana, and provide the balance of beds to serve the needs
of the Central Service Planning Area (SPA). To achieve these purposes, it is understood that the Site will
feature bed space for up to approximately 600 individuals solely from the Central Service Planning Area
(SPA). Of this amount, 425 beds are Intended for County use to relocate the Individuals currently residing
at the Courtyard. The City shall have guaranteed access to 125 beds at the Site(s). Other than the
guaranteed 125 beds, the Parties mutually agree that any available beds or services provided at the
Site(s) will be limited to individuals from the Central SPA, and will be allocated based on the
proportionality of unsheltered homeless Individuals in the Central SPA.
D. Through the use of a contractor or otherwise, County expects to provide services at the
Site equal to those provided at the Courtyard, plus additional services, including but not limited to social
and mental health services as determined in the reasonable discretion of the County.
E. County expects to provide transportation for all Individuals relocated from the Courtyard
to the new Site or an alternative site.
F. The County shall Issue all land use approvals and permits required for the renovation and
operation of the Site.
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EXHIBIT 1
City Draft 8/17/18
For Discussion Purposes Only
G. The County shall control the management and operational plan for the Site, as well as
the types of clients who are served at the Site. The County shall operate the Site as a homeless shelter
for 15 years, after which the County may use the site for any use, in Its sole and absolute discretion.
H. Once the Site Is operational as a homeless shelter, the County shall discontinue the
Santa Ana armory program, as well as the Courtyard.
it. COST SHARING BETWEEN THE PARTIES
A. If a fee simple interest In the Site Is acquired by the City either through purchase or by
other means, the County agrees to pay up to ten million dollars ($10,000,000). However, in no event
shall the County be obligated to pay more than the amount for which the City acquires the Site or an
alternative site.
B. If the City acquires a leasehold Interest in the Site, County agrees to pay the lease costs
for a period of no less than 15 years. The Parties will use their best efforts to secure a lease that Is
commercially reasonable for the Site or an alternative site.
C. On a one time basis, at the time that possession of the Site is given to the County, the
City shall allocate all of its $3,500,000 of State Homeless Emergency Aid Program dollars to the County
to fund the County's acquisition and Improvement costs for the Site.
D. On an annual basis beginning on the date that possession of the Site is given to the
County, and on the anniversary of that date thereafter for the entire time the Site Is operated as a
homeless shelter, the City shall allocate $1,000,000 to the County for the operation and administration of
the Site.
E. If the Site is not acquired by lease, purchase, or other means within twelve months of the
Effective Date, and no alternative site(s) is acquired within that time for the same purpose, this
Parties otherwise agree in writing to extend this Memorandum for a period of time.
F. In the event an alternative site(s) is secured for the purposes described herein during the
time when this Memorandum is effective, the provisions in Section II shall equally apply.
Ill. MISCELLANEOUS
A. The Parties shall Indemnify, defend with counsel approved In writing, save and hold each
of Its elected officials, officers, directors, agents and employees harmless from any and all claims,
Injuries, liabilities, actions, damages, losses or expenses, of every type and description to which they may
be subjected arising out of any act or omission of, Its employees, representatives, agents and
Independent contractors in connection with the Implementation of the actions described in this
Agreement. The Parties' duties and obligations under this paragraph shall survive termination or
expiration of this Agreement.
B. Upon the execution of this Memorandum, City and County shall cooperate and establish
a working team to advance the acquisition and development of the Site, or an alternative site(s), for the
purposes described herein.
C. Neither Party shall have the right to assign this Memorandum without the express written
approval of the other Party. This Memorandum shall be binding upon and inure to the benefit of the
Parties and their permitted successors, assigns and legal representatives.
D. This Memorandum contains the entire agreement between the Parties with respect to the
acquisition of the Site and initial and ongoing funding, though not for the operation of the Site. No
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65C-6
EXHIBIT 1
City Draft 8/17/18
For Discussion Purposes Only
alteration or variation of the terms of this Memorandum shall be valid unless made in writing and signed
by the Parties; and no oral understanding or agreement not Incorporated herein shall be binding on either
of the Parties.
E. Notices or other communications which may be required or provided under the terms of this
Memorandum shall be given as follows:
Cities: City of Santa Ana
Sana Ana, CA 92701
Attention:
County: County of Orange/County Executive Office
333 W. Santa Ana Blvd., 31d Floor
Santa Ana, CA 92701
Attention: Frank Kim, CEO
United States mail, first class, postage prepaid and addressed as above. Notwithstanding the above, the
Parties may also provide notices by facsimile transmittal, and any such notice so given shall be deemed
to have been given upon receipt during normal business hours or, in the event of receipt after business,
on the following business day. Any notices, correspondence, reports and/or statements authorized or
required by this Memorandum, addressed in any other fashion shall be deemed not given.
F. In any action or proceeding to enforce or interpret any provision of this Memorandum, or
where any provision hereof is validly asserted as a defense, the Parties shall bear their own attorney's
fees, costs and expenses. I
G. This Memorandum may be executed in two or more counterparts, each of which shall be
deemad-an-original, t-Wl ofwhich-togatttarshall-aminatebutene-rrd"ho-same-tnstram-en .
H. Prior to the acquisition or lease of the Site, either Party may terminate this Memorandum
upon thirty (30) days' notice to the other Party.
I. In the event County or City defaults in the performance of any of their obligations under
this Memorandum or materially breaches any of the provisions of this Memorandum, the other Party may
enforce this Memorandum through specific performance or may exercise any other available remedies.
Additionally, the failure of one Party to fulfill its obligations hereunder shall relieve the other Party of doing
so as well upon thirty (30) days' prior written notice to the other Party. In the event City or County cures
such default within such thirty (30) day period, all obligation hereunder shall continue In full force and
effect.
J. Each Party represents and warrants that the execution, delivery and performance of this
Memorandum have been duly authorized by all necessary action of such Party's governing board, and
the person executing this Memorandum on behalf of such Parry has been duly authorized and
empowered to do so on behalf of such Parry.
K. The laws of the State of California and applicable local and federal laws, regulations and
guidelines shall govern this Memorandum.
L. This Memorandum may be executed and delivered in any number of counterparts, each
of which, when executed and delivered shall be deemed an original and all of which together shall
constitute the same agreement
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EXHIBIT 1
City Draft 8/17/18
For Discussion Purposes Only
M. Either Party shall be excused from performing its obligations under this Memorandum
during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond
its control, including but not limited to; any incidence of fire, flood; acts of God; commandeering of
material, products, plants or facilities by the federal, state or local government; national fuel shortage; or a
material wrongful act or omission by the other Party; when satisfactory evidence of such cause Is
presented to the other Party, and provided further that such nonperformance is unforeseeable, beyond
the control and is not due to the fault or negligence of the Party not performing.
IV. OPERATING AGREEMENT. Following build -out of the Site, the Parties contemplate that
an Operating Agreement will be needed for the homeless shelter In the event the Site, or an alternative
site(s), is secured. The Parties shall endeavor to develop such an Operating Agreement; however, in the
event one Is not agreed to by the Parties, the County may operate the shelter as It determines in Its
reasonable discretion.
City and County have executed this Memorandum of Understanding as of the date and year first
written above.
CITY OF SANTA ANA, CALIFORNIA
By:
Raul Godinez II
City Manager
COUNTY OF ORANGE
Chief Executive Officer
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