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HomeMy WebLinkAbout50A - ORD - OPTIONS PROPOSED SHELTERREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 18, 2014 TITLE: CONSIDERATION OF OPTIONS REGARDING A PROPOSED EMERGENCY SHELTER AND MULTI - SERVICE CENTER AT 1217 NORMANDY PLACE {STRATEGIC PLAN NOS. 1, 1G; 5,3D) 1 �y CITY MANAGE RECOMMENDED ACTION OPTIONS: CLERK OF COUNCIL USE ONLY: •l:• O, ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Adoption of a resolution requesting inter - agency cooperation between the City of Santa Ana and County of Orange that will include establishing a role for the involvement of the community and the further development of the emergency shelter. 2. Denial of an emergency ordinance for a 45 -day moratorium. 3. At the pleasure of the City Council, establish findings required to adopt an emergency ordinance for a 45 -day temporary moratorium on the establishment of a new or expansion of any existing emergency shelter and multi- service center in the Light Industrial (M -1) and Heavy Industrial (M -2) zoning districts; and include in the emergency ordinance. DISCUSSION On October 21, 2014 the City Council considered several options to address community concerns regarding a proposed emergency shelter and multi- service center at 1217 Normandy Place. At that meeting the City Council directed staff to prepare both a resolution requesting cooperation with the County of Orange to involve interested stakeholders in the process of establishing the facility, and a draft emergency moratorium ordinance. BACKGROUND In September 2013 the City Council adopted the Emergency Shelter and Transitional Housing Ordinance in furtherance of compliance with California's Senate Bill 2 which requires cities to identify zones where emergency shelters may be allowed by right. The City's ordinance allows for one multi - service center with a maximum of 200 beds within limited Industrial zones. 50A -1 Consideration of Options for a Proposed Emergency Shelter & Multi Service Center November 18, 2014 Page 2 On July 15, 2014 the Orange County Board of Supervisors voted to approve a purchase and sale agreement for a property located within one of the permitted zoning areas at 1217 E. Normandy Place, beginning a 90 -day feasibility period. Escrow is not anticipated to close until January of 2015. The Board of Supervisors is scheduled to consider finalization of the purchase on November 18, 2014. Prior to the Board's action On July 15, 2014 a community meeting was held on July 2, 2014 at Kennedy Elementary School to provide information on the requirements contained within the City's zoning ordinance related to emergency shelters and the County's proposed purchase of a facility in the area, however the specific address of the facility was not released during the meeting due to the fact that real estate negotiations were still in progress. Following the Board of Supervisors' action on July 15, and concerned that the surrounding neighborhoods had not had sufficient notification and information about the impending purchase, community members organized an informational forum held on August 19, 2014 at Kennedy Elementary school to express their concerns about potential impacts of an emergency shelter at the proposed location. On September 30, 2014 staff provided a presentation to the City Council Development and Transportation Committee which discussed the provisions of the City's emergency shelter ordinance, confirmed that the property selected by the County is within the permitted zone, and explained limitations on the City's ability to stop the establishment of the shelter at this location due to the County's preemption authority under State law. In order to provide an avenue to address the neighborhood's concerns Councilmember Samtiento requested information on potential actions that the City could take in regards to the County's proposed emergency shelter. Staff identified the following two actions, which were presented to the City Council on October 21, 2014: Adopt a Resolution Requesting Inter - Agency Cooperation and Community Involvement — The City Council could request that a resolution be prepared that would establish a process for inter- agency cooperation between the City and the County, and that would establish a role for the involvement of the community in the further development of the emergency shelter. This action would be in alignment with the City's Strategic Plan. Adopt a 45 -Day Emergency Moratorium — This option would establish a 45-day period of time during which the provisions of the City's previously adopted emergency shelter and transitional housing ordinance would be set aside in order for further study to be conducted, thereby prohibiting the establishment of new emergency shelters. This would, however, not apply to the County due to the preemption authority previously described. This option would require that the City Council make findings that there was an imminent threat to the public health, safety and welfare resulting from the provisions of the previously- adopted 50A -2 Consideration of Options for a Proposed Emergency Shelter & Multi Service Center November 18, 2014 Page 3 ordinance. Given that there is little evidence to suggest that emergency shelters result in increased crime or other public safety impacts as evidenced by crime reporting data for the two existing shelters in Santa Ana (the Santa Ana Armory and the Salvation Army shelter), and in light of the fact that the Council made findings in September of 2013 that the adoption of the ordinance would not be injurious to the public health, safety and welfare, it would be difficult to make findings to the contrary at this time. Adoption of the emergency moratorium would require a super - majority vote of the City Council. This action would not be in alignment with the City's Strategic Plan. Should the City Council move forward with this option, the City would cease to be in compliance with State law regarding both the Housing Element and the requirements of SB 2. Based on this information the City Council voted to direct staff to prepare both the resolution and the emergency moratorium ordinance. STRATEGIC PLAN ALIGNMENT The Strategic Plan contains two strategies relating to addressing the needs of the City's homeless population: Goal 1: Community Safety Strategy 1g — Participate and collaborate with government agencies and community groups to assist in reducing criminal behavior and providing resources for the homeless population. Goal 5: Community Health, Livability, Engagement & Sustainability Strategy 3d — Continue to implement the Emergency Shelter and Transitional Housing Ordinance (SB -2) to locate facilities for homeless shelters within the Light Industrial (M -1), Heavy Industrial (M -2) or Specific Development (SD) zones, which meet all of the required development and operational standards. FISCAL IMPACT There is no fiscal impact associated with this action. Karen A. Haluza Interim Executive Director Planning and Building Agency KH:rb RbkeportsVEmergency Shelter Options 11 -18 -14 Exhibits: 1. Resolution of Interagency Cooperation 2. Draft Emergency Moratorium Ordinance y 1 4 J y' 1 I RESOLUTION NO. 2014 -_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REQUESTING INTERAGENCY COOPERATION BETWEEN THE CITY OF SANTA ANA AND THE COUNTY OF ORANGE FOR PURPOSES OF ESTABLISHING AN EMERGENCY SHELTER AND MULTI - SERVICE CENTER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1.The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The State of California adopted Senate Bill 2 (SB2) effective January 1, 2008 modifying State Housing Element law to require local planning and zoning regulations to facilitate homeless shelters. Specifically, SB2 requires all cities and counties to provide at least one zoning category in which emergency shelters can be located without discretionary approval from the local government. The zoning category must be identified in the locality's housing element, and include sites with sufficient capacity to meet the local need for emergency shelter. B. The City of Santa Ana seeks to be in compliance with the State of California's regulations for the allowance of emergency homeless shelters as required by SB2. C. On August 5, 2013, after a thorough period of research and public involvement, the City Council of the City of Santa Ana adopted an ordinance in compliance with the requirements of S132. D. On January 27, 2014, the City of Santa Ana received formal notification from the State of California Department of Housing and Community Development that its 2014 -2021 Housing Element was in compliance with state housing law in part due to the City's adoption of the emergency shelter and transitional housing ordinance. E. The 2014 -2019 Santa Ana Strategic Plan contains goals and strategies to address the needs of the City's homeless population including: Goal 1: Community Safety Strategy 1 g — Participate and collaborate with government agencies and community groups to assist in reducing criminal behavior and providing resource s for the homeless population y 1 Goal 5: Community Health, Livability, Engagement & Sustainability Strategy 3d — Continue to implement the Emergency Shelter and Transitional Housing Ordinance (SB2) to locate facilities for homeless shelters within the Light Industrial (M -1), Heavy Industrial (M -2) or Specific Development (SD) zones, which meet all of the required development and operational standards. F. The City of Santa Ana's Emergency Shelter and Transitional Housing Ordinance contains operational standards to address the potential for community impacts including a management and operation plan. G. The City of Santa Ana seeks to involve the community in the development and operations of any emergency shelters and multi - service centers. Section 2. The City hereby requests that the County of Orange agree to form an advisory and oversight committee, or similar entity, which includes representatives from the following: a) Residential and industrial communities adjacent to the proposed emergency shelter at 1217 E. Normandy Place b) City of Santa Ana C) Santa Ana Unified School District d) County of Orange Section 3. The purpose of the advisory and oversight committee shall be to provide input, in an advisory capacity only, in the following areas: a) The development of a Request for Qualifications /Proposals to select an operator for the emergency shelter, b) The selection of the operator for the emergency shelter, c) The development of the management and operation plan, d) Ongoing oversight of the management and operation plan and performance of the shelter operator. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. 'WAR AR ADOPTED this 18" day of November 2014. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By Lisa Storck, Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify the attached Resolution No. to be the original resolution adopted by the City Council of the City of Santa Ana on November 18, 2014. Date: Clerk of the Council City of Santa Ana 50A -7 y 1 � • les 10(31/14 ORDINANCE NO. NS -_ AN EMERGENCY ORDINANCE OF THE CITY OF SANTA ANA ADOPTING A 45 DAY TEMPORARY MORATORIUM ON THE CONSTRUCTION OR ESTABLISHMENT OF NEW EMERGENCY SHELTERS OR TRANSITIONAL AND SUPPORTIVE HOUSING IN THE M1 OR M2 ZONES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of Santa Ana hereby finds, determines and declares as follows: A. In 2013, the City adopted Ordinance No. NS -2848 to amend Chapter 41 of the Santa Ana Municipal Code to adopt the City's regulation of emergency shelters and transitional and supportive housing ( "shelters "). B. Currently shelter facilities are allowed as a matter of right in certain industrial zones. Questions have arisen as to whether or not the current provisions of the Santa Ana Municipal Code fully take into account the potential impacts associated with the establishment of new shelter facilities in certain industrial zones near existing residential uses. As such, provisions of the Santa Ana Municipal Code ( "the Code ") need review, study and possible revision in order to respond to recent concerns relating to the impacts of shelter facilities in the City. C. Given these concerns, the City Council hereby requests that a study be undertaken of certain provisions of Chapter 41 of the Code to address shelters and determine where such facilities should be permitted in the M1 and M2 zones of the City and under what conditions. D. Without adoption of this ordinance, properties in the City could quickly receive entitlements to establish new shelters in an M1 or M2 zone despite the fact that the City Council has directed that a study be done to recommend new standards and revise the Code to address concerns created by such uses. E. It has come to the City Council's attention that the County of Orange has approached city staff seeking entitlements to establish a homeless shelter in an industrial zone near residentially zoned property. F. If the shelter is permitted in the City without further review and potential regulation, it will pose a serious threat to the public interest, health, safety and welfare for the following reasons: Shelters can create detrimental impacts such as noise, trash, traffic, and criminal activity. Ordinance No. NS - Page lo—f3 ' m • y 2. Residents living near shelters have complained about [CITY COUNCIL: LIST A SAMPLE OF COMPLAINTS HEREf G. In order to prevent frustration and detrimental impacts on residents, the public interest, health, safety and welfare require the immediate enactment of this ordinance. The absence of this ordinance would create a serious threat to the orderly and effective implementation of any code amendments, general plan amendments or specific plan amendments which may be adopted by the City as a result of the studies in that the establishment or construction of new shelters in the M1 or M2 zones may be in conflict with or frustrate the contemplated updates and revisions to the Code. Moreover, permitting such shelters to be established or constructed during said studies and implementation would create impacts on the public health, safety and welfare that the City Council, in adopting this ordinance, has found to be unacceptable. H. The Request for Council Action for this ordinance dated November 18, 2014 duly signed by the City Manager shall, by this reference, be incorporated herein, and together with this ordinance, any amendments or supplements, and oral testimony constitute the necessary findings for this ordinance. I. The City Council finds, determines and declares that the current and immediate threat to the public health, safety and welfare of the city and its citizens necessitates the immediate enactment of the ordinance. The facts constituting such urgency are set forth as follows: [CITY COUNCIL;, LIST FINDINGS, :HERE] Section 2. No new shelter as defined in Article I of Chapter 41 of the Code shall be established, constructed, permitted or expanded in an M1 or M2 zone of the City of Santa Ana. Section 3. California Government Code Section 65858 authorizes the City Council to adopt an interim urgency ordinance, by a four -fifths vote, without following the procedures otherwise required for the adoption of an ordinance, to protect the public safety, health, and welfare, prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City Council, Planning Commission or the planning department is considering or studying or intends to study within a reasonable time. This ordinance shall be immediately effective pursuant to Section 415 of the City Charter. Section 4. This ordinance shall have no further force and effect forty -five (45) days from the date of its adoption; unless, however, after public hearing the City Council members, by four -fifths (4/5) vote, extend this ordinance for an initial period of ten (10) months and fifteen (15) days and thereafter, after public hearing, the City Council members, by four -fifths (4/5) vote, extend this ordinance one more year. Ordinance No. NS - _ Page 2 of 3 50A -10 Section 5. It shall be unlawful and a misdemeanor for any person to violate or fail to comply with any provision of the ordinance. The violation of any provision of this ordinance shall be punished as provided in Section 1 -8 of the Code. Section 6. The Clerk of the Council shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. Section 7. This ordinance is introduced, passed and adopted at one and the same meeting and is thereafter immediately effective. The City Council finds that this ordinance is necessary to protect the public safety, health and welfare. The reasons for the emergency are set forth in Section 1, paragraphs A -I, inclusive of this ordinance. ADOPTED this 18"' day of November 2014. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck, Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on November 18. 2014. Date: Clerk of the Council City of Santa Ana 50A -11 Ordinance No. NS - _ Page 3 of 3 50A -12