Agenda packet, first session — Tulare City Council, May 17, 2022 (part 2 of 2)

CITY OF TULARE

AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: City Manager
For Council Meeting of: May 17, 2022
Documents Attached: ☐Ordinance ☐Resolution ☐Other ☒None AGENDA ITEM:

Receive update and direct staff to initiate Task 1 of proposed Inyo Corridor Redevelopment Program.

IS PUBLIC HEARING REQUIRED: ☐Yes ☒No
BACKGROUND/EXPLANATION:

As part of the deliberations associated with the April 17, 2022 Council discussion regarding the budget surplus, Council appropriated $500,000 towards establishing a program along the Inyo Corridor west of Downtown dedicated to making improvements that would then encourage additional private sector investment. The goal of the program is to enhance and redevelop the privately owned properties along the corridor, thereby offering additional commercial options for West Tulare residents as well as increased sales tax revenue for the City.

The Inyo Corridor Redevelopment Program would encourage increased private sector investment in the corridor west of Downtown through investment in a range of activities and construction along the approximately 143 parcels west of Downtown Tulare. More than 80 of these properties are currently zoned General Commercial.

The Inyo Corridor has a long and storied role in Tulare’s history, which can be reflected upon with pride. Indeed, the Corridor continues to serve many of its surrounding residents with a variety of retail commercial businesses. However, there has not been significant private sector investment in the corridor in some time. Thus, the City Council has dedicated up to $500,000 towards corridor improvements, in order to attract additional private sector investment staff is proposing the following action plan:

Task 1: Inventory and Analyze Properties
Staff will prepare an inventory of the corridor identifying property ownership, dimensions and acreage, zoning, age and type of structures (if available), infrastructure, and photographs, etc.

Staff will then identify at least three properties that in its opinion are good candidates for redevelopment, meaning they could have market potential if improvements are provided. As part of the property identification process, staff will consult with commercial real estate professionals to seek their input as to what improvements are necessary or desirable.

AGENDA ITEM: Gen. Bus. 3(a)
Task 2: Select Properties for Improvement
Staff will provide City Council in closed session a list of properties recommended for acquisition and improvement. Staff will ask City Council to rank each property in order of preference, staff will immediately thereafter proceed with negotiations on the top ranked property and others if necessary or assuming funding availability. A recommendation of the improvements to be provided for each property may include but not be limited to:
• Property acquisition
• Demolition
• Infrastructure
• Environmental remediation
• Multi-parcel assemblage
• Rezoning
• Building façade improvements
• Right-of-way improvements
Right-of-way is the responsibility of Caltrans so coordination on improvements related to beautification, sidewalks, crosswalks, curb cuts, and directional signage among others may be necessary.

Task 3: Acquire and Improve properties
Staff will seek developer interest in order for the City to obtain a return on investment. Upon successful acquisition of the prioritized property, staff will improve the property in the manner identified in Task 2. Staff will keep City Council apprised of project progress which may take 6- 12 months for each improvement project.

STAFF RECOMMENDATION:

Receive update and direct staff to initiate Task 1 of proposed Inyo Corridor Redevelopment Program.

CITY ATTORNEY REVIEW/COMMENTS: ☐Yes ☒N/A
IS ADDITIONAL (NON-BUDGETED) FUNDING REQUIRED: ☒Yes ☐No ☐N/A FUNDING SOURCE/ACCOUNT NUMBER:

FY 2021/2022 Budget surplus
Submitted by: Marc Mondell Title: City Manager
Date: May 10, 2022 City Manager Approval: ____________

CITY OF TULARE

AGENDA ITEM TRANSMITTAL
Submitting Department: City Manager
For Council Meeting of: May 17, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None AGENDA ITEM:

Review the Homeless Shelter Memorandum, direct staff to proceed with negotiating a lease agreement with Tulare County for the City to design, construct, and operate a temporary encampment and shelter on their property, and direct staff to prepare and issue a Request for Proposals (RFP) for the operation of the temporary encampment and shelter by a non-profit operator.

IS PUBLIC HEARING REQUIRED: ☐Yes ☒No
BACKGROUND/EXPLANATION:

Over the past several years, the City has been discussing the issue of homelessness and its impact as well as possible solutions. With restrictions due to the 2018 Martin vs. Boise court decision, cities cannot enforce anti-camping ordinances if there are not a sufficient number of shelter beds available for the homeless population.

City staff has prepared the attached memorandum for Council review and consideration. The primary recommendation of the memorandum is that the City partner with the County of Tulare to design, construct, and operate an emergency homeless shelter located on the County’s property at East O’Neal Avenue, east of K St. Please reference Attachment A for the full analysis and discussion.

STAFF RECOMMENDATION:

CITY ATTORNEY REVIEW/COMMENTS: ☐Yes ☒N/A
IS ADDITIONAL (NON-BUDGETED) FUNDING REQUIRED: ☐Yes ☐No ☒N/A FUNDING SOURCE/ACCOUNT NUMBER:

N/A
Submitted by: Marc Mondell Title: City Manager
Date: May 10, 2022 City Manager Approval: ____________
AGENDA ITEM: Gen. Bus. 3(b)
1 This memorandum provides preliminary information on a proposed emergency homeless shelter and is subject to change.

CITY OF TULARE EMERGENCY HOMELESS SHELTER |
May 17, 2022
MEMO TO: City Council
xc:   Mario Zamora, City Attorney
Executive Team
FROM:   Marc Mondell, City Manager
SUBJECT: City of Tulare Emergency Homeless Shelter
This memorandum provides information regarding a proposed emergency homeless shelter (shelter) for City Council (Council) consideration.  Staff anticipates revising the memorandum (as necessary) after receiving Council input followed by community outreach and peer review including coordination with Tulare County.

Homelessness is a complex issue that impacts many individuals and communities throughout the Central Valley and beyond. At face value the solution is to provide homeless individuals with homes in which to live. This rudimentary approach may be correct in terms of getting a number of willing homeless individuals out of street encampments but by and large is not financially sustainable nor does it address the root causes of homelessness. The homeless are not a monolithic group, root causes of homelessness varies between individuals and may include but not limited to; those that are temporarily without a place to live due to trauma, loss of employment, underemployment, abandonment, or choice as well as those that are permanently homeless due to mental illness, addiction, or criminality, etc. In many cases, homeless individuals lack life skills necessary to survive and therefore simply giving them a home without support and services will not result in success for them or the community.

Those that find themselves in a state of homelessness face many challenges including but not limited to; unsanitary living conditions, exposure to severe weather, limited access to health care and food, safety issues including potential exposure to violence, etc. Likewise, communities must deal with the outward appearance and impacts of homelessness which may include but not limited to; panhandling, impeding access to public amenities, crime, safety concerns, public health concerns, accumulation of garbage and visual blight. There are strong opinions and ongoing public discourse along with increasing case law regarding individual rights versus public rights in dealing with the issues of homelessness.

There are many case studies with regards to what works and what doesn’t in terms of how to manage issues caused by homelessness. What is financially or politically viable in one community may not be so in another community. There can be strong opinions when considering the potential location, design, and operation of a shelter as has been the case in Tulare over the past several years of discussion. It is management’s opinion that the community now understands that a shelter is necessary in order to manage issues caused by homelessness, hence the preparation of this memorandum.

Management’s hope is that after careful consideration, Council will conclude that the City is compelled to act and will accept management’s recommendations based on the concepts presented herein as being directionally correct and will proceed recognizing that the details can be adjusted and further refined as the project proceeds.
2 This memorandum provides preliminary information on a proposed emergency homeless shelter and is subject to change.

CITY OF TULARE EMERGENCY HOMELESS SHELTER |
Background
The City has been discussing the issues of homelessness and the effect on the community for several years. There have been a number of public meetings where discussions ensued regarding homelessness and its impacts. The following (see Table 1.0) outlines those discussions and actions to date:

Table 1.0
Date Direction
2018 None
2/5/2019 Approval of Homeless Ad Hoc Committee with Sigala and Sayre to serve as oversight, no City funding or staff time to be utilized. 4/2/2019 Letter of Support for Self‐Help Enterprises applying for City of Tulare’s allocation of Homeless Emergency Aid Program (HEAP) funds to support the Garden Street Bridge Housing Project in Visalia.
4/16/2019 Allocate $3,000 from Social Service Fund as Tulare’s share for hiring Home Base to prepare 10‐year strategic plan.
5/7/2019 Direct staff to speak with Visalia and County regarding HOPE Team (how formed, funded, etc.) and return with report at future meeting. 12/17/2019 Study Session on Homelessness: (1) Endorsed Strategic Plan; (2) Engage City’s lobbyist to identify legislators to seek funding from State to address homelessness; and (3) Authorize Sayre to work with County to bring services to City. 1/16/2020 Special Session on Homelessness: (1) Direct staff to draft item to adopt resolution to establish Jurisdictional Strategic Action Committee on Homelessness (include application process, selection process, and commission/committee outcomes). 2/4/2020
2/18/2020
Adopt Resolution 2020‐06 forming Strategic Action Committee on Homelessness.

Direct staff to provide report on cost, steps and process to open emergency homeless shelter.
7/7/2020 Direct staff to provide number of available homeless beds, etc. in Tulare. 8/4/2020 Work with Lighthouse and allocate City’s Housing Asset Funds of $500,000 ($250,000 a year for two years) to help fund a portion of the Lighthouse Rescue Mission’s proposed emergency shelter project and direct staff to apply for Home Key Cares Funding.
8/18/2020 Ratify 8/4 action with amendments stating no funds to be released until location has been identified and meets criteria which will be determined at a future meeting.
12/15/2020 Hiatus of Strategic Action Committee on Homelessness. 2/16/2021 Adopt Resolution 2021‐05 approving 2019 CDBG Annual Action Plan Amendment IV to allocate CARES Act CDBG funds for various items including food, personal protective equipment and other services for people experiencing homelessness. 2/24/2021 Special Session on Emergency Homeless Shelter Site Criteria: (1) Address any concerns or potential changes in criteria through the Housing Element Update. 4/20/2021 Request a closed session item to discuss billing Southern Pacific Railroad and the State for services rendered responding to homeless.
5/4/2021 Request an item to discuss a safe location for the homeless where they can reside and park their cars.

3 This memorandum provides preliminary information on a proposed emergency homeless shelter and is subject to change.

CITY OF TULARE EMERGENCY HOMELESS SHELTER |
Date Direction Continued
6/22/2021 Special Session on Homelessness: (1) Direct staff to bring back an item for consideration on the reformation of the Strategic Action Ad Hoc Committee, review its membership, under general guidance of the Pathway Home Plan, with specific priorities to Tulare, as well as staff resources and potential funding; (2) Direct staff to review and provide report at future meeting regarding establishing an Overnight Parking Zone for sleeping in vehicles; (3) Direct staff to look at adding additional funds in line with recommendation from Sigala ($50,000) for Landlord Mitigation Fund; (4) Strengthen public engagement and community partnerships on issue of homelessness; (5) Additional training for PD on handling homelessness (Chief advised training was forthcoming); (6) Direct staff to research the process to purchase a hotel/motel to temporarily house homeless; (7) Establish Warming Center/Cooling Center policy for upcoming summer and winter season; and (8) Direct staff to bring Lighthouse proposal for review and consideration for use of City’s Housing Asset Funds $500,000.
10/5/2021 Direct staff to include a standing item on the agenda once a month to discuss homelessness.
11/16/2021 Direct $2,000,000 to homeless shelter from ARPA funds, staff to bring back recommendation following analysis.

Based on review of this information it appears many of the items Council has requested have been completed or are addressed herein. One of the primary issues that must be contended with is the 2018 Martin vs Boise court decision which held that cities cannot enforce anti‐camping ordinances if they do not have enough shelter beds available for their homeless population. It has taken some time for communities to adapt to this decision and better understand what they can and cannot do in response.

Also, the pandemic related restrictions have created challenges with aiding homeless individuals. Since November of 2021, the City has taken two additional steps in managing the issues caused by homelessness including:
 Enforcement of the recently amended park ordinance which prohibits encampments at certain parks, trails, and within 100’ of recreational amenities.  Implementation of a $1,566,604 (CAL ICH) grant in support of the City, along with several partner organizations, to provide meaningful paths to stable housing for unsheltered individuals and restoration of homeless encampments to their original intended use.

Also, the City has worked with a number of agencies including the City of Visalia, Tulare County, and Self‐Help Enterprises to secure 5 beds within Project Eden located in Visalia for homeless individuals that are seeking recovery and reentry into society. The City has also worked with the Lighthouse Rescue Mission which is located in a neighborhood in West Tulare and currently offers 70 beds for the homeless with plans for future expansion. It is believed that both of these efforts can count, to a certain extent, as bed space towards enforcement of the City’s anti‐encampment ordinance. The City has also committed $500,000 to the Lighthouse Rescue Mission towards its expansion.

It is recognized that the number of those experiencing homelessness within a community can vary from time to time with the trend that homelessness is increasing. Based on point in time count results, there appears to be approximately 200 homeless individuals residing within encampments in Tulare. There are likely more homeless including those that are passing through the community residing within their vehicles. Management anticipates that the number of homeless within Tulare will increase over time and therefore we must base our plans around that reality. 4 This memorandum provides preliminary information on a proposed emergency homeless shelter and is subject to change.

CITY OF TULARE EMERGENCY HOMELESS SHELTER |
Problem Statement
The City is neither equipped to solve all of the challenges resulting in or caused by homelessness nor is it the city’s responsibility to do so (ie. homelessness is not addressed in the charter). However, in management’s opinion, it is the City’s responsibility for our all our citizens including homeless individuals to:

1. Correctly identify the challenges that homelessness creates for the City and address them in a legally defendable, financially viable, and humane manner.

2. Make reasonable efforts to prevent the causes of homelessness (as possible).

The City has taken a number of steps with regards to the second issue (ie. affordable housing, homeless ad hoc committee, support of county’s homeless strategic plan, declaration of housing crisis, support of economic development and job creation, etc.). Therefore, the focus of this memorandum is to address the first issue which are the challenges that homelessness creates for the City, including:
 The safety of those experiencing homelessness
 Homeless related panhandling
 Homeless impeded access and full use of public amenities (parks, trails, downtown, etc.)  Homeless related crime
 Accumulation of garbage, unsanitary conditions, and visual blight caused by the homeless In addition, these issues also impact the willingness or ability of those that have invested their dollars in the City to remain and those that are considering investing their dollars to commit. This is of particular concern given the City’s expressed intent of focusing its financial and human resources on economic development and downtown redevelopment.

Proposed Solution
It is management’s opinion that a shelter, while not perfect, is the best and most immediate solution to all of challenges that homelessness creates for the City for the following reasons:
 A shelter will ensure the safety of those experiencing homelessness  A shelter will allow full enforcement of the City’s anti‐encampment ordinance in a legally defensible and financially viable manner.
 A shelter will reduce panhandling because basic needs (ie. food, shelter, medicine, etc.) of homeless individuals will be met.
 A shelter will reduce the accumulation of garbage and visual blight while allowing full access to and use of public amenities because the homeless will have sanitary living conditions.  A shelter will help to reduce crime because the City will be increasing the number of cameras throughout the community including at the shelter thereby allowing for quick apprehension of those that commit crimes and reside at the shelter.
 The shelter will reduce unsanitary conditions experienced by homeless individuals because sanitary facilities will be provided at the shelter.
5 This memorandum provides preliminary information on a proposed emergency homeless shelter and is subject to change.

CITY OF TULARE EMERGENCY HOMELESS SHELTER |
Shelter Location
The City has examined a number of potential locations over the past several years which have been met with opposition. Management has herein assumed that a shelter would not be supported near a residential neighborhood or the Downtown. Therefore, management utilized geographic information system (GIS) software to project a 1/8‐mile radius (the distance people will comfortably walk) around residentially zoned parcels as well as the Downtown. Areas shaded on Figure 1.0 below do not meet these criteria. The remaining non‐shaded areas meet the criteria and therefore are good candidates for shelter location consideration.

Figure 1.0
6 This memorandum provides preliminary information on a proposed emergency homeless shelter and is subject to change.

CITY OF TULARE EMERGENCY HOMELESS SHELTER |
Shelter Approach
The City has considered two models for shelter delivery; a centralized approach and a decentralized approach. In other words, is it best to have one large shelter or several dispersed shelters? There are positive and negative aspects to each approach. For example, a single large shelter can help to reduce property acquisition, administration and overhead costs. Alternatively, multiple smaller shelters can alleviate one area of the City from having a concentration of the issues caused by homelessness. Many cities and counties have purchased a motel to serve as a shelter under either delivery model. The approach of purchasing a motel or multiple motels based on need has proven to be politically expedient and has worked well in some cases and not so well in others.

Management has considered the approach of purchasing a motel or multiple motels within the industrial area (see Table 2.0) with the following results:

Table 2.0
Business Name Village Inn
Motel
Virginia
Motor Lodge
Motto Rest
Motel
Tulare
Motel
Hales Cottage
Motel
Garden Inn
Motel
Year Built 1935 NA NA 1942 1942 NA
Assessed Value $502,793 $616,043 $320,741 $314,454 $262,703 $347,902 $2,364,636 Bedrooms 32 32 17 26 24 13 144
Acres 1.15 2.39 1.76 1.08 1.11 1.19 8.68
The results indicate that there is not a single motel located within the industrial area that can accommodate our current homeless population of approximately 200 individuals. In fact, it appears that if the City were to purchase all six motels located within the industrial area, there still wouldn’t be enough beds to accommodate all of the homeless unless double occupancy were required. The other challenges with the motel purchase approach include:
 The total assessed value ($2,364,636) does not necessarily equate to what it would cost to purchase each of the motels if the owners were voluntarily willing to sell. If the City were to use its power of eminent domain then future business earning would have to be considered thereby significantly increasing the cost.
 None of the motels are new, in fact several are over 50 years old meaning significant renovations may be required if purchased and used for a shelter.  The administrative, maintenance, and overhead costs associated with managing several shelter facilities would likely be greater than the construction of a single new facility.  There are a number of potential challenges with managing a facility where homeless individuals are not provided with support services or placing two unrelated individuals into double occupancy including potential uniform relocation act related expenses among others.  The purchasing of a motel for use as a shelter would remove it from the tax rolls therefore the City would lose property tax and transient occupancy tax revenue.  The purchasing of a motel for use as a shelter adjacent to other businesses may impact their operations.
 It is unclear where current motel residents and guests would be relocated. 7 This memorandum provides preliminary information on a proposed emergency homeless shelter and is subject to change.

CITY OF TULARE EMERGENCY HOMELESS SHELTER |
Management recognizes there is a benefit to both the centralized and decentralized approach.

However, given that the location of the shelter is the most important issue, that the number of beds required likely exceeds 200 (and growing), and that purchasing all of the existing motels (see Figure 2.0) is not likely to occur, management does not support the purchasing of a motel or multiple motels.

Management does support advancing a single centralized shelter based on the forthcoming evidence herein, and continuing working with partner organizations. In other words, the City’s shelter would become the central intake component of the homeless infrastructure network and partner organizations would augment the City’s efforts.

Figure 2.0

8 This memorandum provides preliminary information on a proposed emergency homeless shelter and is subject to change.

CITY OF TULARE EMERGENCY HOMELESS SHELTER |
Shelter Site
In examining potential shelter sites in the industrial area, there are several additional criteria that are essential for consideration including:
 Adequate land area to support shelter size
 Adequate infrastructure to the site (ie. water, sewer, electric, etc.)  Proximity to services needed by homeless individuals
In addition, other desirable factors include:
 Proximity to public transportation
 Proximity to a grocery
Management has identified one site in the industrial area that in its opinion achieves all of the essential criteria and adequately addresses the desirable factors as follows:

Figure 3.0
The vacant land outlined in red and yellow (#14) above (between S K Street, E O’Neal Avenue, and S O Street) is approximately 4 acres a portion of which is proposed by management for use as the site for the City’s shelter.
9 This memorandum provides preliminary information on a proposed emergency homeless shelter and is subject to change.

CITY OF TULARE EMERGENCY HOMELESS SHELTER |
This property is owned by Tulare County and is surrounded by a number of County offices and social services agencies which could provide services to those experiencing homelessness including:
 (1) HHSA Public Health Lab
 (2) HHSA Hillman Health Center
 (4) HHSA Hillman Annex
 (11) HSA WIC (Woman, Children and Infant Supplemental Nutrition)  (12) Family Health Care Network
 (13) Kingsview Substance Abuse Program
There are several other County offices and agencies that could be impacted by the shelter that may need to be considered including:
 (3) Hillman Data Center
 (5) GSA Maintenance Shop
 (6) HHSA Storage
 (8) TCSO Property and Evidence
 (9) TSCO Morgue
 (18) TCOE Superior Community School
It is management’s opinion that regardless of where the shelter is located there may be impacts to adjacent properties. If designed correctly those impacts can be mitigated in‐part through site design and given that only a portion of this site would be necessary for the shelter adequate buffer space between the shelter and adjacent uses can be provided.

Management has had positive preliminary conversations with Tulare County regarding potential use of this site for the City’s shelter. There are a number of details that would have to be resolved and therefore management continues to consider additional sites for shelter consideration, unfortunately all other sites would result in the City losing property tax revenue and add to the shelter cost.

Shelter Design
In management’s opinion the shelter facility needs to include the following:
 20,000 square foot shelter structure
 Complete perimeter fencing
 Extension of water, sewer, and electric into the site  Access drive and parking (including for homeless individuals living out of their car)  Exterior lighting
 Frontage improvements
 Modular office building
 Restroom and shower trailers (including ADA)
 Modular classrooms, food pantry, and laundry
 Modular housing units
 Storage containers
 Dog kennels
 Basketball court, garden, and stormwater retention
10 This memorandum provides preliminary information on a proposed emergency homeless shelter and is subject to change.

CITY OF TULARE EMERGENCY HOMELESS SHELTER |
Phasing Plan
Assuming Council and County support, management is proposing three phases of shelter development over a twelve to eighteen month period as follows:

Phase I (Temporary Encampment)
The first phase involves the following actions over a four‐month period (see Figure 4.0):
 Issue a Request for Proposals seeking a non‐profit operator.  Install permanent perimeter fencing, paved entry and access drive, all utilities, lighting, modular bathroom facilities, parking, 24‐hour support, and onsite administration and security.  Establish a temporary homeless encampment (up to 271 stalls) on the project site  Complete permanent shelter design documents
Figure 4.0
11 This memorandum provides preliminary information on a proposed emergency homeless shelter and is subject to change.

CITY OF TULARE EMERGENCY HOMELESS SHELTER |
Phase II (Bridging Shelter)
The second phase involves the following actions over a six‐month period (see Figure 5.0):
 Complete shelter construction, installation of modular classroom and food pantry, interior modular housing units parking lot, additional lighting, furnishings, waste enclosure, and stormwater retention.
 Relocation of homeless individuals from the temporary encampment into the shelter.

Figure 5.0
12 This memorandum provides preliminary information on a proposed emergency homeless shelter and is subject to change.

CITY OF TULARE EMERGENCY HOMELESS SHELTER |
In management’s opinion the 20,000 square foot shelter is proposed as a pre‐engineered steel structure (ie. butler building) that includes multiple roll up doors for weather control and visibility divided into three areas as follows (see Figure 6.0):
 An entry intake area where all homeless individuals are first introduced to the bridging shelter allowing for permanent residency of 82 individuals including men’s and women’s area separated by a common area including storage lockers.
 A partitioned area where 68 individuals participating in basic programming can have additional privacy and upgraded bedding.
 A modular area where 24 individuals and couples participating in additional programming can reside in separate modular housing units.

The shelter would therefore accommodate a minimum of 174 homeless individuals in a single occupancy arrangement but likely 200 individuals on a regular basis assuming a dozen or more couples at any given time. The shelter could accommodate 400 individuals assuming double occupancy or use of bunk beds.

Figure 6.0
13 This memorandum provides preliminary information on a proposed emergency homeless shelter and is subject to change.

CITY OF TULARE EMERGENCY HOMELESS SHELTER |
Phase III (Supportive Amenities)
The third phase involves the following actions over a two‐month period (see Figure 7.0):
 Complete exterior modular housing unit village (28 units), installation of basketball court and community garden, storage containers, and dog kennels.
 Commence regular operations.

Figure 7.0

14 This memorandum provides preliminary information on a proposed emergency homeless shelter and is subject to change.

CITY OF TULARE EMERGENCY HOMELESS SHELTER |
Shelter Budget
Management is estimating a total shelter construction cost of $3,450,000 based on the shelter design proposed herein, assuming there is no land acquisition cost, and including contingency. Management recognizes that $2,000,000 in ARPA funds have been pledged towards construction and $1,500,000 in surplus funds have been pledged towards homelessness. Therefore, management is working to find ways of reducing cost and finding additional funds if necessary. For example, shelter cost may be reduced if a lightweight aluminum frame and fabric “sprung” type structure is used rather than a pre‐ engineered steel structure. Alternatively, the City could pursue the purchase of a used steel structure or used modular buildings, delay frontage improvements, or replace certain concrete areas with decomposed granite, etc. Also, management is currently working with the City’s lobbyist on a special federal appropriation up to an additional $1,500,000.

Phase 1 $700,000
Phase 2 $1,800,000
Phase 3 $500,000
Subtotal $3,000,000
Contingency (15%) $450,000
Total $3,450,000
Management is committed to working simultaneously, as possible, on each phase in order to expedite completion and reduce cost. Given that this is a custom, one‐of‐a‐kind solution and the first shelter built by the City, there is a possibility for cost overruns and time delays. 15 This memorandum provides preliminary information on a proposed emergency homeless shelter and is subject to change.

CITY OF TULARE EMERGENCY HOMELESS SHELTER |
Conceptual Images
The following images provide examples of the type of elements (or similar) referenced herein and may be included in the shelter project. The images are meant for illustrative purposes only and are subject to change based on many factors (ie. cost, availability, operator preference, Council direction, etc.).

Single occupancy sleeping quarters Double occupancy sleeping quarters

Modular office, classroom example Modular bathroom, shower example Partitioned sleeping quarters Modular housing unit
16 This memorandum provides preliminary information on a proposed emergency homeless shelter and is subject to change.

CITY OF TULARE EMERGENCY HOMELESS SHELTER |
Shelter Operations
There are many shelters in various forms in operation throughout California and beyond. They are designed for different purposes in different places with widely differing construction costs and per bed operating costs. The typical range of annual cost to operate a shelter is between $10,000 to $30,000 per bed. The cost can be significantly impacted by the type of sleeping accommodations (ie. individual rooms versus group setting), services offered, financing costs (ie. land purchase or lease, equipment, etc.), utilities, staff salaries, etc.

It is management’s opinion that the shelter needs to be the entry point into the partner network of homeless related infrastructure assets and operate as follows (or similar):
 Operate a 200‐bed shelter facility that can scale to 400 beds if necessary  Operate on a 24‐hour 365‐day basis under contract with a non‐profit entity  Accept all homeless individuals and families
 Provide a variety of services including three internal levels of residency as follows:
o Entry
o Participation
o Recovery
 Partner with other agencies to ensure adequate provision of services Contract Operations
It is management’s opinion that shelter operations should be contracted out to a qualified non‐profit entity that has expertise in the area of shelter management or a related area. This is because the City staff is not an expert in this type of service delivery and does not necessarily have the same level of connection with other important organizations (ie. governmental, non‐profit, foundations, school‐ districts, businesses, faith‐based organizations, etc.) that may provide necessary funds or services.

Contracting out operations will also provide a buffer from liability for the City.

Entry Level Residency
This is the low barrier starting point for acceptance into the shelter. Anyone that voluntarily agrees to follow basic rules (no fighting, no drug consumption or weapons at the shelter, limitation on personal items, etc.) will be admitted into the shelter including along with their vehicle, pet, and personal items (if any). They will have access to and the benefit of all basic services including; bathrooms, showers, electricity, security, meals, medical, clothing, and limited storage of personal items. They will be free to come and go as they please but will only be provided meals if present at established times.

Participation Level Residency
Those that meet the basic rules and desire to receive additional benefits may do so by voluntarily participating in programs offered by the non‐profit operator. Benefits may include but not limited to; increased personal space, increased privacy, classroom learning and activities, outdoor recreation activities, etc. These benefits would be offered in exchange for voluntary part‐time assistance to the operator including; property maintenance (cleaning, painting, custodial care, etc.), garden cultivation, resident ombudsman, etc.
17 This memorandum provides preliminary information on a proposed emergency homeless shelter and is subject to change.

CITY OF TULARE EMERGENCY HOMELESS SHELTER |
Recovery Residency
Those that meet the basic rules, have graduated from the participation level of residency, and desire to receive additional benefits under the recovery level of residency may do so by voluntarily participating in additional programs offered by the non‐profit operator. Benefits may include but not limited to; private quarters, classroom training, increased storage of personal items, etc. The additional benefits would be offered in exchange for voluntary part‐time job placement off premises with the City and participating businesses. The operator would have the flexibility of placing a resident or residents into any level of residency based on their need, aptitude, and availability assuming voluntary agreement.

Also, the City and participating businesses would have to work with the operator to determine what level of voluntary participation would be subject to minimum wage requirements (if any).

Facilitating Homeless to the Shelter
No matter how well the shelter is designed or how satisfying the services offered are received, the City cannot compel law abiding homeless individuals to take up residency at the shelter. The City can only encourage homeless individuals to reside at the shelter. In management’s opinion there are two simultaneous approaches the City must take in order to achieve success in encouraging homeless individuals to reside at the shelter as follows:
 The operator will go into the community inviting homeless individuals to the shelter explaining that they are free to come and go but that they can remain without having to relocate.  The park ranger, code enforcement staff, and police personnel will strictly enforce the City’s anticamping ordinance so that homeless individuals will be required to relocate.

Food Procurement
One of the major challenges in a shelter is to provide good nutrition at a reasonable cost. Many shelters therefore rely upon donations and food banks for assistance. The City is currently having to address new state regulations which requires 20% of the collected green waste and organics to be diverted away from the landfill and returned to consumption. The City will be working with our business partners (ie. dairies, groceries, restaurants, etc.) to determine if any of their green waste and organics can be diverted to the shelter for preparation and consumption by homeless residents. Also, management has recently opened discussions with charitable organizations that may be willing to deliver large shipments of dry goods, fresh fruits, vegetables, and dairy products at no cost to the City.

Maintenance and Utilities
The City would retain responsibility for capital maintenance (ie. roof and fixed equipment replacement, etc.) exterior landscaping and fencing. The operator would be responsible for regular internal maintenance of all items (ie. painting, pressure washing, filter and light bulb replacement, etc.). The City would be responsible for absorbing the cost of water and sewer, the operator would be responsible for absorbing the cost of electricity.

Staffing
The operator would be responsible for providing all staffing necessary to operate the shelter which would likely include full‐time paid, part‐time paid, and volunteer staff. Also, the operator would receive some benefit from homeless individuals that voluntarily help through the participation and recovery levels of residency previously described. In addition, the City would provide a rotation of plain clothes officers to serve at the shelter to establish a relationship and trust with the homeless in order to maintain order and safety, any calls for service to the shelter would be handled by on‐duty officers. The City will also establish a team that will assist in transporting the homeless along with any animals and personal items to the shelter as well as food transport. 18 This memorandum provides preliminary information on a proposed emergency homeless shelter and is subject to change.

CITY OF TULARE EMERGENCY HOMELESS SHELTER |
Funding
In terms of funding for shelter operations, it is management’s opinion that revenue received from the three cannabis dispensaries in Tulare should be used in support of shelter operations and public safety.

The dispensaries have agreed to remit to the City 5% of their gross revenue on a quarterly basis. Only one of the dispensaries are operational (as of this report) so based on information provided by the dispensaries and staff research, the City is estimating it’s share of revenue to be some where in the range of at least $1,000,000 to $1,500,000 annual.

Therefore, management supports utilizing up to $1,500,000 in cannabis related revenue towards shelter annual operating cost. Any additional cannabis related revenue would be used in support of public safety to be determined annually. Any operational deficits would be the responsibility of the operator, the City would cooperate with the operator in their efforts to achieve grants, legislative earmarks, sponsorships, and donations (ie. Tulare County has offered a one‐time commitment of $500,000 towards operations). Assuming a 200‐person shelter and an annual per bed operating cost of $10,000 the annual operating cost is estimated at $2,0000,000 and obviously more if the number of beds is increased. In this scenario, the City would be responsible for funding $1,500,000 of the operating cost and the operator would be responsible for obtaining the balance of $500,000 (donations, sponsorships, grants).

Potential Challenges
Assuming Council support, there are several potential challenges or obstacles that may need to be overcome in order to move the shelter forward including:
 Community opposition
 Achieving County support
 Construction cost overruns and delays
 Identification of a qualified non‐profit entity willing to operate the shelter  Operating cost
It is management’s opinion that all of the potential challenges can be overcome in part through the means described in this report and based on preliminary discussions with partner organizations.

How to Measure Success
It is common for communities to measure the success of a shelter by its recovery rate, meaning how many homeless individuals enter the shelter and leave with permanent supportive housing. While this is an important metric and something to aim for, it will not be the primary measure of success during early operations with the proposed shelter. It is important to remember that circumstances beyond the City’s control have resulted in it being compelled to act without any dedicated financial resources to do so. It is also important to remember that what the City does with regards to providing a shelter will likely offer more humane and sanitary living conditions than what homeless individuals currently experience. 19 This memorandum provides preliminary information on a proposed emergency homeless shelter and is subject to change.

CITY OF TULARE EMERGENCY HOMELESS SHELTER |
Therefore, it is management’s opinion that shelter success is based on achieving the following:

1. Does the shelter provide safety for those experiencing homelessness?

2. Is the shelter reducing the number of encampments?

3. Is the shelter addressing the challenges homeless individuals face, including; a. Reducing the need for panhandling?
b. Allowing greater access and full use of public amenities? c. Reducing homeless related crime?
d. Reducing the accumulation of garbage, unsanitary conditions and visual blight?

4. Is the shelter being operated in a legally defensible, financially viable, and humane manner? Management will work with the operator and partner organizations to determine the long‐term metrics beyond those identified above over time including the recovery rate.

Recommendations
Management is seeking Council support for the following:
 Accept (with modifications as necessary) the conclusions presented herein.  Direct staff to proceed with negotiating a lease agreement with Tulare County for the City to design, construct, and operate a temporary encampment and shelter on their property.  Direct staff to prepare and issue a Request for Proposals (RFP) for the operation of the temporary encampment and shelter by a non‐profit operator.

Assuming these efforts are successful, management will return with the contracts for Council approval thereby triggering the next step which is to seek a firm to assist with project design and construction.

Preliminary Schedule
 Present shelter report for possible adoption at May 17th City Council meeting  Present lease term sheet with Tulare County at July 19th City Council meeting  Present draft RFP for shelter operations at July 19th City Council meeting  Present zoning considerations at August 8th Planning and Zoning Commission meeting Additional dates for remaining project steps will be provided after these items are resolved.

Management will keep Council apprised of all related issues in a timely manner throughout the process. [END]
20 This memorandum provides preliminary information on a proposed emergency homeless shelter and is subject to change.

CITY OF TULARE EMERGENCY HOMELESS SHELTER |
Tulare Emergency Homeless Shelter
Management’s Response to
Frequently Asked Questions (FAQ)
 Why doesn’t the City just remove the homeless from our parks and downtown? The City’s parks and downtown are open to the public which includes the homeless. The City cannot unnecessarily detain, arrest, or relocate law abiding citizens.

Also, as a result of the 2018 Martin vs Boise decision, the City cannot enforce its anti‐camping ordinance if it does not have enough shelter beds available for the homeless population; hence the need for the shelter. Once completed, the City will be able to fully enforce its anti‐ encampment ordinance.
 What is the City doing to alleviate the homeless issue? The City is working on many fronts to manage the issues caused by homelessness including; panhandling, impeding access to full use of public amenities, crime, and the accumulation of garbage and visual blight through various means including:
o The City is enforcing an ordinance prohibiting encampments at certain parks, trails, and within 100’ of recreational amenities.
o The City was recently awarded a $1.5 million grant to provide meaningful paths to stable housing for unsheltered individuals and restoration of homeless encampments to their original intended use.
o The City has earmarked $2 million in Federal ARPA funds towards the shelter and $1.5 million in surplus funds towards homelessness.
 Is the City planning on building a shelter?
Yes, the City is moving forward to build a shelter in response to the numerous complaints received from the public regarding the negative impacts of homelessness to the community.

The City is legally unable to fully manage the issues caused by homelessness unless it has enough shelter beds available for the homeless population.  Will the City use our local tax dollars to build the shelter? The City is using $2 million in Federal ARPA funds towards the design and construction of the shelter which are not local tax dollars. The City has earmarked $1.5 million in surplus funds towards homelessness. The City is also planning on using revenue received from cannabis dispensaries in support of public safety and emergency homeless shelter operations.  Will the shelter attract more homeless individuals to Tulare County? No, based on point‐in‐time count data, a large segment of the homeless population has a direct connection to Tulare (ie. grew up in or have family in the area) and a small segment is more transitory or seasonal in habitation. The shelter will meet the basic needs of both populations but not offer a level of service that will attract those residing outside the County. 21 This memorandum provides preliminary information on a proposed emergency homeless shelter and is subject to change.

CITY OF TULARE EMERGENCY HOMELESS SHELTER |
 Will the homeless be required to reside at the shelter? As long as a homeless individual is law abiding they are free to move about. However, once a shelter bed is available they will be encouraged to stay at the shelter. The homeless will strongly consider this option because; 1) they will have a safe place to stay with free meals, medical care, bathroom and shower facilities, and electricity, and 2) they will not be allowed to maintain a permanent encampment elsewhere within the City.  Is the City working with any partners on the shelter? Yes, the shelter will be one asset among many that are part of Tulare County’s homeless master plan. The City is proposing to lease property owned by Tulare County for the shelter location, will enter into an agreement with a non‐profit entity to operate the shelter, and will continue to work with a number of other governmental and non‐profit agencies to ensure permanent supportive services for the homeless.

Tulare City CouncilMay 17, 2022

Tulare City Council
May 17, 2022