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HomeMy WebLinkAbout01-05-2016 Public Comment, MeltsRECEIVED JAN 0 5 2016 St.0 CITY CLERK COUNCIL MEETING: 0 1- 0 5 - Zo 1(0 ITEM NO.: L7 2010 California Government Code Section 8698 - 8698.2 I believe that you are concerned for the health & safety of all of our residents, including those that are chronically homeless, those that are transiently homeless, and those families with children that are living in the homes of others where the roof structure may be poor or where the house may be in an area prone to flooding, if torrential rain occurs locally due to the very strong El Nino. As the City Council of San Luis Obispo, you have control of all city property and staff. I therefore want to make you aware of Section 8698- 8698.2 of the 2010 California Government Code. This code section allows you to declare a Shelter Crisis when there is a threat to the health and safety of a significant number of your citizens, including a significant number of homeless, and as I have suggested, when the health and safety of others is also at risk (Section 8698.2. (a) (1)). The Section allows you to: • Declare that a Shelter Crisis exists, or designate an official {Section 8698 (b)51 who may declare that a Shelter Crisis exists; • Declare as Shelter Space "any facility of a political subdivision" (in this case the City) "including parks, schools, and vacant or underutilized facilities which are owned, operated, leased or maintained, or any combination thereof, by the political subdivision through money derived by taxation or assessment;" • Make those facilities available as crisis shelter space in both the night and during the daytime, for the duration of the emergency [Section 8698.2. (b). The Section does not mandate that you do this, but does clearly provide you with authority to suspend existing rules and codes that would prevent you from making it happen {Section 8698.1 (b)) when the health and safety of homeless persons would be at risk. At the same time, this Section protects you from certain liabilities {Section 8698.1(b)). Since the Prado Day Center is the presumptive emergency shelter in SLO for weather related emergency situations, such as torrential rains which may occur locally for one or more days in succession due to the strong el Nino, and since the Prado Day Center (on the same parcel as the City's Corporate Yard) is in a flood plain (please see the attachment, with excerpts from the 2014 SLO Hazard Mitigation Plan), I plead with you to act responsibly and either immediately declare a Shelter Crisis, or alternatively by resolution authorize the City Manager to be able to do so at any time of day or night. I ask that you also authorize the City Manager to make any useful City facilities and staff available for the operation of the Emergency Facility until arrangements can be made with other agencies willing and able to operate the facility. Respectfully submitted: Martin L. Meltz, PhD 2010 CALIFORNIA GOVERNMENT CODE SECTION 8698 - 86981 8698. For purposes of this chapter, the following definitions shall apply: (a) "Political subdivision" includes the state, any city, city and county, county, special district, or school district or public agency authorized by law. (b) "Governing body" means the following: (1) The Governor for the state. (2) The legislative body for a city or city and county. (3) The board of supervisors for a county. (4) The governing board or board of trustees for a district or other public agency. (5) An official designated by ordinance or resolution adopted by a governing body, as defined in paragraph (2), (3), or (4). (c) "Public facility" means any facility of a political subdivision including parks, schools, and vacant or underutilized facilities which are owned, operated, leased, or maintained, or any combination thereof, by the political subdivision through money derived by taxation or assessment. (d) "Declaration of a shelter crisis" means the duly proclaimed existence of a situation in which a significant number of persons are without the ability to obtain shelter, resulting in a threat to their health and safety. 8698.1. Upon a declaration of a shelter crisis, the following provisions shall apply during the period of the emergency. (a) The political subdivision shall be immune from liability for ordinary negligence in the provision of emergency housing pursuant to Section 8698.2. This limitation of liability shall apply only to conditions, acts, or omissions directly related to, and which would not occur but for, the provision of emergency housing. This section does not limit liability for grossly negligent, reckless, or intentional conduct which causes injury. (b) The provisions of any state or local regulatory statute, regulation, or ordinance prescribing standards of housing, health, or safety shall be suspended to the extent that strict compliance would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis. Political subdivisions may, in place of such standards, enact municipal health and safety standards to be operative during the housing emergency consistent with ensuring inimal public health and safety. The provisions of this section apply only to additional public facilities open to the homeless pursuant to this chapter. 8698.2. (a) (1) The governing body may declare a shelter crisis, and may take such action as is necessary to carry out the provisions of this chapter, upon a finding by that governing body that a significant number of persons within the jurisdiction of the governing body are without the ability to obtain shelter, and that the situation has resulted in a threat to the health and safety of those persons. L (2) For purposes of this chapter, the governing body of the state, in making a declaration of a shelter crisis pursuant to paragraph (1), may limit that declaration to any geographical portion of the state. (b) Upon a declaration of a shelter crisis pursuant to subdivision (a), the political subdivision may allow persons unable to obtain housing to occupy designated public facilities during the duration of the state of emergency. EXCERPTS FROM THE 2014 HAZARD MITIGATION PLAN OF THE CITY OF SAN LUIS OBISPO From P. 70, 2014 City of San Luis Obispo Local Hazard Mitigation Plan 5.2.1.2 City Corp Yard The entire parcel which hosts the City Corp Yard is included in the vulnerability assessment rather than just the building footprints. The City Corp Yard houses the following: fleet services and fueling station, public works equipment storage, and the Wastewater Collections and Water Distribution maintenance staff, tools, and equipment. Prado Day Center, which sits on this parcel, is listed as a separate asset as it may be needed to serve as an emergency shelter. Additionally, the waste water treatment plant (listed as a separate asset) is located on this parcel. Given the amount of equipment stored and services provided on this parcel, the entire parcel area is acknowledged as a critical key asset in addition to the Prado Day Center and the waste water treatment plant. As denoted in Section 4.2.5.4 of the Flood Profile, prior flooding incidents on the City's Corp Yard have prohibited people from leaving buildings on this parcel. To mitigate flooding concerns, the main Corporate Yard building was designed to remain out of the floodplain and storage sheds have been elevated to reduce flood damage. From P. 55, 2014 City of San Luis Obispo Local Hazard Mitigation Plan In addition, while the City's wastewater treatment plant is not expected to be inundated by the 100 -year flood, flood flows have spilled into areas near the plant, including the City's Corp Yard. Prior flood incidents have resulted in people being unable to exit buildings at the Corp Yard. To mitigate these concerns, the main Corporate Yard building was designed to remain out of the floodplain and storage sheds are elevated to reduce flood damage. Floods have the potential to result in economic losses because of building damage, closure of businesses and government facilities, disruption of communications, disruption of the provision of utilities such as water and sewer service, result in expenditures for emergency response, and generally disrupt the normal function of a community.