TITLE
Recommendation to adopt resolution declaring a shelter crisis; suspending applicable provisions of local law, including those contained in the City's zoning ordinances and regulations; and, authorizing the operation of a winter shelter between the dates of December 7,2016 and March 6, 2017, inclusive;
Authorize City Manager to execute any and all documents necessary for a Lease between Eddie N. John #1, a limited liability company, and the City, and a Sublease between the City and First to Serve, Inc., a California nonprofit organization, and any necessary amendments, at the discretion of the City Manager, for approximately 12,000 rentable square feet of industrial space at 6845 Atlantic Avenue, at the monthly base rent of $6,750 plus utilities and incidental costs for use as a winter shelter; and
Increase appropriations in the General Fund (GF) in the Health and Human Services Department (HE) by $20,250. (District 9)
DISCUSSION
What is the Los Angeles Homeless Services Authority (LAHSA)?
LAHSA is a joint powers agency between the City of Los Angeles and Los Angeles County established to oversee homeless services county-wide. With the creation of LAHSA, the Winter Shelter Program has become a coordinated effort to increase the number of temporary emergency shelter beds available in Los Angeles County during the period of time in which the region usually experiences its most inclement weather: December 1st through March 1st, inclusive. As such, the County places winter shelters in each of the five Supervisorial Districts. For Los Angeles County Supervisorial District 4, the location identified is at 6845 Atlantic Avenue (Site) in Long Beach.
The County of Los Angeles and the City of Los Angeles provide funds to LAHSA to operate the Winter Shelter Program. As the administrative authority, LAHSA is responsible for selecting the winter shelter providers through a competitive application process, contracting with providers and overseeing the winter shelter operations. LAHSA provided notification to the selected winter shelter provider on November 21, 2016. Given the timing of the notification, the earliest the winter shelter can commence operations is December 7, 2016. Subject to City Council's approval, the Site shall be operated by LAHSA's selected provider for the 2016-2017 program year, First to Serve, Inc.
The winter shelter provider is required to furnish the following services: intake, nightly shelter for individuals, vouchers, showers and two daily meals. Overnight staffing shall further provide security and case management services that link participants to additional programs aimed at establishing improved health and economic sufficiency.
What is the Goal of the Winter Shelter Program and Who Does it Serve?
The Winter Shelter Program, managed by LAHSA, provides a significant benefit for the City of Long Beach (City). Historically, the majority of individuals and families entering the program originate from within the City, referred by the City-operated Multi-Service Center (MSC) and the Police Department. The Winter Shelter Program provides increased engagement opportunities with individuals experiencing homelessness to encourage enrollment into case management services, employment and housing programs through the MSC, and further maximizes the effectiveness of those services to reduce visible homelessness in the City.
The role of the Long Beach Department of Health and Human Services is to coordinate with LAHSA and continue to be a liaison between the City and LAHSA. The City may expand the hours of operation of the MSC to accommodate the volume of clients accessing services, including transportation from the MSC to and from the Site.
California Government Code Sections 8698.1 and 8698.2 allow local jurisdictions to declare a shelter crisis. In making such a declaration, State law enables local jurisdictions to suspend local laws and regulations "to the extent that strict compliance would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis" for any City-owned, leased or maintained property. The Site requires this local declaration in order to ensure the winter shelter opens in a timely manner.
As customary, in an effort to facilitate the use of 6845 Atlantic Avenue for the winter shelter as a City-leased property, a Lease and Sublease between the property owner, the City and First to Serve, Inc., has been negotiated by the Department of Economic and Property Development. The proposed Lease will contain the following major terms and provisions:
•Lessor: Eddie N. John #1, a limited liability company. City of Long Beach, a municipal corporation.
• Lessee: City of Long Beach, a municipal corporation.
• Leased Premises: Approximately 12,000 rentable square feet of industrial space located at 6845 Atlantic Avenue.
• Use: The Leased Premises shall be used as a temporary winter shelter.
• Term: The term of the Lease shall commence December 7, 2016 and shall terminate on March 6, 2017, inclusive.
• Rent: The base rent shall be $6,750 per month.
• Utilities and Incidentals: The Lessee shall be responsible for reimbursement to Lessor for approximately $12,750 for utilities and incidental costs for the Leased Premises.
The proposed Sublease will contain the following major terms and provisions:
• Sublessor: City of Long Beach, a municipal corporation.
• Sublessee: First to Serve, Inc., a California nonprofit corporation.
• Responsibilities: The Sublessee shall be responsible for any and all obligations of the Lessee under the terms of the Lease. Notwithstanding the foregoing, the Sublessee shall not be responsible for reimbursement to Lessee for utilities and incidental costs.
This matter was reviewed by Deputy City Attorney Linda T. Vu on December 1, 2016 and by Budget Management Officer Rhutu Amin Gharib on November 30, 2016.
TIMING CONSIDERATIONS
City Council action is requested on December 6, 2016, to adopt the Resolution declaring a shelter crisis and to execute the Lease and Sublease to ensure the winter shelter is operational by December 7, 2016.
FISCAL IMPACT
The Sublessee shall pay base rent to the City in the estimated amount of $20,250 for the term of the Lease. The rent will be deposited in the General Fund (GF) in the Health and Human Services Department (HE), and an appropriations increase in the same amount is included in the recommendation. The City will then pass through the same amount to the building owner. The $12,750 for utilities and incidentals will be paid through Homeless Services' one-time funding that is already appropriated in the General Fund (GF) in the Health and Human Services Department (HE). There is no local job impact associated with this recommendation.
SUGGESTED ACTION
Approve recommendation.
BODY
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Respectfully Submitted,
KELLY OOLOPY
DIRECTOR
HEALTH AND HUMAN SERVICES
KATHRYN MCDERMOTT
ACTING DIRECTOR
ECONOMIC AND PROPERTY DEVELOPMENT
APPROVED:
PATRICK H. WEST
CITY MANAGER