DATE:
April 4, 2023
TO:
Paul Buddenhagen, City Manager
FROM:
Charles S. Bryant, Community Development Director
SUBJECT:
Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute A License Agreement With Berkeley Food And Housing Project For Use Of Real Property Located At 4300 San Pablo Avenue As A Temporary Emergency Women’s Shelter Recommendation
Staff recommends that the City Council adopt the above-entitled resolution authorizing the City Manager to execute a License Agreement with Berkeley Food and Housing Project (“BFHP”) for use of real property located at 4300 San Pablo Avenue as a Temporary Emergency Women’s Shelter for an initial term commencing on April 7, 2023 and ending December 31, 2023, with one one-year extension subject to the mutual agreement of the City and BFHP.
Background
The crisis of homelessness affects every area of Alameda County including Emeryville. The City Council has recognized this for a number of years by funding various services and programs including the Family Front Door, the year-round shelter at St. Vincent DePaul, and outreach and case management services for unhoused residents of Emeryville through a contract with Operation Dignity. Additionally, on October 30, 2018, the City Council adopted Resolution No. 18-156 declaring a shelter crisis in Emeryville and authorizing the City to participate in the state funded Homeless Emergency Aid Program.
On September 17, 2019, the City Council approved Resolution No. 19-136, authorizing the execution of a License Agreement with East Oakland Community Project (“EOCP”) to use the City-owned property at 4300 San Pablo Avenue (the “Property”) as a temporary emergency family shelter for up to 24 months. The license agreement with EOCP also included use of up to four spaces in the City Hall Parking Lot for staff parking, since the Property does not include any off-street parking. The Property was previously utilized by the City as a temporary recreation center and is improved with modular buildings.
EOCP operated the temporary emergency family shelter at the Property until December 28, 2020. On April 30, 2021 the City approved the assignment of the license agreement from EOCP to Building Futures for Women and Children (“Building Futures”), to allow for continued operation of the Family Front Door Coordinated Entry System (i.e. office functions) from the Property. On September 22, 2021, the City Manager executed the First Amendment to the License Agreement extending the term to September 22, 2022. Building Futures continued to operate from the Property until August 5, 2022.
On September 17, 2019 (the same date the City Council approved the License Agreement with EOCP), the City Council adopted Resolution No. 19-137 authorizing staff to release a Request for Qualifications/Proposals (RFQ/P) for the design and development of an affordable senior or intergenerational rental housing development on the Property.
On July 21, 2020, the City Council adopted Resolution No. 20-85 selecting EAH Housing (“EAH”) as the first-choice developer for the design and development of the Property and authorized the City Manager to execute an Exclusive Right to Negotiate Agreement (“ERN”) with EAH for the purpose of negotiating a Lease Disposition and Development Agreement (“LDDA”) for development of the Property. On September 6, 2022 the City Council adopted the second reading of Ordinance No. 22-007 authorizing execution of the LDDA.
The LDDA establishes the scope of development, the conditions precedent to the conveyance of the leasehold interest in the Property, and a schedule for performance of certain milestones, while the Ground Lease addresses the construction and operation of the development.
The LDDA provides for the development of 68 units and 7,000 square feet of amenity space within a 5-story building with a courtyard at the second level. The development will serve both Transition Aged Youth (“TAY”) and Senior populations, with a maximum of 13 units set aside for TAY, one unit for an on-site manager, and the remaining 54 units for seniors. The affordable units will serve households earning between 20% and 60% of Area Median Income (“AMI”), with no less than 35 units for households earning no more than 30% of AMI. The Community Development Director approved the planning entitlements for the EAH project on December 5, 2022.
Included among the conditions precedent to conveyance of the leasehold interest in the Property to EAH is the requirement to obtain all financing necessary for the development of the project and submittal of commitment letters from funders. Since execution of the LDDA, EAH has been working towards fulfillment of this condition. The term of the LDDA runs to October 26, 2024.
Discussion
As noted above, EAH has been working to assemble financing for the intergenerational affordable housing project pursuant to the LDDA. The project’s funding plan requires securing Project Based Section 8 Vouchers (“PBV”) from the Housing Authority of Alameda County (“HACA”). At the time the LDDA was being considered by the City Council, EAH and staff anticipated that a Notice of Funding Availability (“NOFA”) for PBV would be released in late 2022. Since then, HACA has notified staff and EAH that the earliest a NOFA for PBV will be released will be in late 2023, and HACA has not yet determined whether it will have sufficient capacity to do so. Consequently, the intergenerational affordable housing project is not anticipated to commence construction in 2023.
Meanwhile, in November 2022, the Women’s Shelter operated by BFHP at 2140 Dwight Way in Berkeley experienced a fire. This facility held both BFHP’s Veterans Program and its Women’s Shelter, and the fire rendered the building unoccupiable. The participants in BFHP’s Veteran’s Program were relocated to the newly-constructed Hope Center at 2020 Berkeley Way, Berkeley, as originally planned for that project, while the Women’s Shelter participants were relocated to the STAIR Center in Berkeley. The STAIR Center is a low-barrier transitional housing program that is not restricted to women. BFHP has been seeking a temporary location for the Women’s Shelter in order to provide these specialized shelter services for up to 32 clients during reconstruction of the Dwight Way facility, which is expected to be complete in Fall 2023.
In December 2022, staff began discussions with BFHP regarding the potential for 4300 San Pablo Avenue to serve as a temporary Women’s Shelter. BFHP staff toured the Property and determined that the facility could meet its needs. Staff also discussed BFHP’s interim use of the Property with EAH, and EAH indicated agreement with an arrangement similar to that used by the City for EOCP.
Staff and BFHP have negotiated a License Agreement (attached as Exhibit A to the Draft Resolution) modeled after the License Agreement with EOCP, for the use of the Property as a Temporary Emergency Women’s Shelter through the end of 2023, at which point the repairs of the Dwight Way facility are expected to have been completed. In the event the restoration of the Dwight Way facility is delayed, the License Agreement provides that the term may be extended for up to one year with the mutual agreement of BFHP and the City.
Prior to BFHP’s use of the Property as a shelter, BFHP will be required to install a shower trailer on the site, similar to the arrangement previously utilized by EOCP. The costs of such improvements will be the responsibility of BFHP, as well as all utility costs.
For BFHP to use the Property as a Temporary Emergency Women’s Shelter, a Conditional Use Permit is required. BFHP has submitted an application for a Conditional Use Permit, which is scheduled to be heard by the Planning Commission on March 23, 2023. The application narrative, which includes a summary of BFHP’s proposed operation, as well as excerpts from the submitted plans are attached to this report as Attachments 1 and 2, respectively.
Fiscal Impact
If approved by the City Council, the City of Emeryville would provide use of its Property for the Temporary Emergency Family Shelter by way of the License Agreement valued at $1 per year. BFHP’s operation of the shelter is funded through a combination of City of Berkeley and Alameda County funds, including Homeless Housing, Assistance and Prevention Program funding provided by the State and allocated by Alameda County.
Staff Communication with the Public
On March 23, 2023 the Planning Commission held a public hearing to consider the approval of a Conditional Use Permit for BFHP’s use of the Property as a Temporary Emergency Women’s Shelter.
Conflict of Interest
None.
Conclusion
Staff is requesting that the City Council adopt the attached resolution authorizing the City Manager to execute a License Agreement with BFHP for use of the Property as a Temporary Emergency Women’s Shelter.
PREPARED BY: Chadrick Smalley, Deputy Director of Community Development Approved and Forwarded to the
CITY COUNCIL OF THE CITY OF EMERYVILLE:
Paul Buddenhagen, City Manager
ATTACHMENTS
Attachment 1. Narrative summary of Berkeley Food and Housing Project’s proposed operation Attachment 2. Excerpts from Berkeley Food and Housing Project’s plans submitted for Planning Commission review Draft Resolution, including Exhibit A, License Agreement with Berkeley Food and Housing Project Berkeley Food and Housing Project License for 4300 San Pablo Avenue City Council Meeting | April 4, 2023
City of Emeryville
CALIFORNIA
MEMORANDUM