Mariposa County Board of Supervisors Special Meeting for Monday, November 5, 2018
Includes Adopting a Resolution Declaring a Shelter Crisis in Mariposa County
Click here for Mariposa County Supervisors Agenda Packet
Mariposa County Supervisor Kevin Cann Comments on his Facebook page about a Temporary Shelter at the Darrah Schoolhouse:
As one of the closest residents to the temporary Darrah homeless site and a County Supervisor, I want to offer the following history.
After a complaint from a resident, County staff became aware of an illegal homeless encampment on the edge of town in Mariposa. As the code compliance office gave the homeless notice to vacate, staff became aware of a new Federal Appeals Court ruling in September, which requires the county to provide a homeless shelter if one doesn’t exist or our authority to remove folks from camping on county property is suspended. The implied concern is that the courthouse lawn becomes a homeless encampment. Mostly because of colder weather and the illegal camping the County Health Officer issued a Health Emergency declaration.
The most immediate concern is for a place where folks can stay warmer than 50* (Housing and Community Development Regs). An exact number of folks in need is uncertain but evidence points to 7-12 at this point. There is a site by Human Services offices which can be modified for use this winter if the Board of Supervisors approves the action with a homeless emergency declaration on November 5th. This site is away from houses and near both Human Services and Law Enforcement staff. It will take a couple weeks to prepare the site with appropriate temporary sanitary and warming facilities. If approved by the Board the current plan is to use this site through the winter while we concurrently plan for a permanent shelter to be ready by winter 2019.
The Darrah School site was chosen for emergency warming and sleeping because it was county owned, vacant and met the 2-4 week housing need. While in use for emergency warming and shelter the Darrah site will be staffed 24/7 to insure safety and compliance. Human Services will provide a shuttle to town 3 times each day. The Sheriff’s Office will also initiate extra patrols while the Darrah site is in use.
Our intention is to move to the Human Services site as absolutely soon as possible. Obviously these folks need to be near the services provided in town. The expected Board of Supervisors action on November 5th, will enable compliance with state law and the state funding that was allocated with the law.
The BOS will meet in a special session on November 5th, to review the homeless laws and proposed actions.
Mariposa County Supervisor Miles Menetrey commented yesterday on a Facebook Page about the Shelter:
Today, the Mariposa County Health and Human Services Agency will begin operating a very temporary 4-week emergency shelter for homeless individuals in our community. The shelter will be well patrolled by the Sheriff’s Office and have 24/7 staffing by Health and Human Services, Probation, and Alliance employees. We are establishing a shelter at Darrah Road and Triangle Road. We reviewed all possible county- and partner-owned properties and selected the Darrah School site as it is available for immediate use while more permanent solutions are being developed.
The Health and Human Services Agency, using state funding, will provide food and will offer transportation to and from town several times per day. Individuals staying at the shelter are undergoing intake processes and will be engaging with case managers to look for longer term housing solutions. These efforts are in response to a number of concerns:
• In a 9th Circuit Appellate court decision made in September (Martin v. Boise), the ruling firmly places responsibility upon counties/cities to provide emergency shelter if jurisdictions are moving people off of public lands or criminalizing sleeping in public places.
• At an October 26th Homeless Task Force meeting, it was determined that homeless living in Mariposa did not have access to shelter nor did they have access to appropriate sanitary facilities.
• On October 31st, our Public Health Officer declared a Health Emergency to address the public health concerns associated with homelessness. This temporary action mitigates risks by conducting health screenings and providing appropriate sanitary facilities.
• The Public Health Emergency must, however, be followed by a deliberation by our Board of Supervisors on November 5th to make decisions about longer term solutions including discussion of a “Shelter Crisis” declaration.
• With the upcoming winter, counties are required to ensure that warming shelters are made available. An emergency shelter will ensure we are meeting these requirements.
Funding for this effort is being provided through existing Health and Human Services dollars, with no County General Fund. Additional funding available through the state for a more long-term solution is being applied for.
Again, the Darrah School site will be a short-term solution for our Mariposans without a home until a Shelter Crisis Declaration is deliberated and longer term solutions identified.
November 3, 2018 - The Mariposa County Board of Supervisors Special Meeting on Monday, November 5, 2018 includes: Adopt a Resolution Declaring a Shelter Crisis in Mariposa County.
Note: For special meetings, California law only allows public comment on the actions being requested from the Board, and does not allow a Public Comment Period for non-agendized items.The following is from the agenda:
RECOMMENDATION AND JUSTIFICATION:
Adopt a Resolution Declaring a Shelter Crisis In Mariposa County. California Government Code 8698, 8698.1 and 8698.2 allows for the governing body of a city or county to declare a shelter crisis.
The benefits of declaring a shelter crisis include relaxed standards for building occupancy, immunity from ordinary negligence, and legal basis to allow use of certain facilities designated by the County as shelter for the duration of the crisis (as determined by the County).
In order to declare a shelter crisis, the County must make findings at a public meeting via resolution that (1) a significant number of persons within the county‟s jurisdiction are without the ability to obtain shelter; and (2) the situation has resulted in a threat to the health and safety of those persons.
BACKGROUND AND HISTORY OF BOARD ACTIONS:
Mariposa County has approximately 17,400 residents. Mariposa‟s population is supported by approximately 5,300 wage and salary jobs primarily in the local government and leisure industry. The lack of available jobs leads to higher unemployment, lower median household income, and a higher proportion of the population living below poverty as compared to the state overall. Because of these economic challenges, a substantial minority of the population struggles with housing, food security, and transportation. The U.S. Department of Housing and Urban Development considers housing “affordable” if total expenses are less than 30% of total household income. An estimated 35.5% of households in Mariposa County exceed this threshold.
In 2017, there were 55 “literally” homeless in Mariposa, as counted in the County‟s Point in Time Count. This represents those that have no alternative to living on the street such as „couch surfing‟ with friends or staying in recreational vehicles on public lands. Based on the 2015 Homeless Strategic Plan, prepared by HomeBase, two-thirds are first-time homeless, half have experienced domestic violence, and a fifth are working homeless. It is estimated that this number may be low.
Access to affordable housing is challenged by the tourism-driven economy given the proximity to Yosemite National Park, an international destination. Tourism creates a demand for entry-level/low paying employment while simultaneously diverting available housing into vacation rentals and bed and breakfasts depleting available housing stock.
In addition to tourism, available housing has been impacted by disastrous fires in the county and adjacent areas. In 2017, the Detwiler Fire burned over 80,000 acres and destroyed over 100 structures, approximately 63 of which were residential structures.
The lack of affordable housing in Mariposa County creates an environment where homelessness occurs at a higher rate than the national rate (31 homeless per 10,000 population versus 17 homeless per 10,000 nationally) although it is slightly lower that the statewide rate of 34 homeless per 10,000.
Homeless individuals and residents displaced from their homes need to find shelter immediately to avoid health hazards associated with the lack of protection from the weather, access to sanitary facilities, and places to sleep and eat.
Recognizing the prevalence of homelessness in California and the health and safety risks facing homeless persons, California law authorizes counties to declare a “shelter crisis” and avail themselves to attendant protections and powers. Specifically, upon declaring a “shelter crisis”:
● A county may allow persons unable to obtain housing to occupy designated public facilities during the duration of the emergency (public facilities include parks, schools, and vacant or underutilized facilities which are owned, operated, leased, or maintained by the county);
● A county is immune from liability for ordinary negligence in the provision of emergency housing for all conditions, acts, or omissions directly related to, and which would not occur but for, the provision of emergency housing; and
● The provisions of any state or local law or regulation prescribing standards of housing, health, and safety are suspended to the extent that strict compliance would prevent, hinder, or delay the mitigation of the effects of the crisis.
If the County desires to construct and operate an emergency homeless shelter, it is recommended that the County Board of Supervisors first declare a “shelter crisis” in order to avail itself of the associated powers and liability protections.
Process for Declaration: The process for declaring “shelter crisis” is for the Board of Supervisors to adopt a resolution making the following findings:
(1) a significant number of persons within the county‟s jurisdiction are without the ability to obtain shelter; and
(2) the situation has resulted in a threat to the health and safety of those persons. Several cities and counties throughout the State have declared a “shelter crisis” in an effort to be eligible for state funds to support emergency shelters under the Housing Emergency Aid Program (HEAP). Although this is not a requirement for Mariposa County to receive HEAP funding, as our Homeless Point in Time Count is less than 1000 individuals, the declaration does allow Mariposa County to proceed with temporary homeless shelter solutions to meet the needs of our homeless community members.
It is important to note that despite the declaration of a shelter crisis, should the county move to operate an emergency shelter, it is still required to comply with Title II of the Americans with Disabilities Act. This is specific to state and local governments and requires that all programs, services, activities and facilities must be accessible to all individuals with disabilities.
