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HomeMy WebLinkAbout2013-02-12 - AGENDA REPORTS - SCV WINTER SHELTER (2)NEW BUSINESS DATE: SUBJECT: DEPARTMENT: Agenda Item: 8 CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval Item to be presented by: February 12, 2013 Tina Haddad LEASE EXTENSION FOR THE SANTA CLARITA VALLEY TEMPORARY EMERGENCY WINTER SHELTER PROGRAM City Manager's Office RECOMMENDED ACTION City Council approve a three year extension to a lease agreement that would authorize Bridge to Home to operate a Temporary Emergency Winter Shelter on City owned property located at 23029 Drayton Street. BACKGROUND The Santa Clarita Valley Temporary Emergency Winter Shelter Program is operated by Bridge to Home, a local non-profit organization. The location or siting of the winter shelter was determined in 2007 as part of a community Task Force effort led by Los Angeles County Supervisor Michael Antonovich. This Task Force was comprised of business, community, school, government, and non-profit leaders within the Santa Clarita Valley. During a City Council meeting held on February 27, 2007, the City Council approved a recommendation made by the Task Force, which was to site the winter shelter at three different locations in the Santa Clarita Valley over a nine year period. The locations approved by the City Council as recommended by the Task Force included the City owned Golden Valley Road property, City owned Drayton property, and Peter J. Pitchess Honor Rancho in Castaic (Los Angeles County Jail), which is owned by the County of Los Angeles. It was agreed that the winter shelter would only operate during the winter season, which starts on December I and ends on March 31 of each year. The plan was for the shelter to stay at each location for three consecutive years to minimize moving costs, which based on recent estimates provided by Bridge to Home, could be as much as $180,000 to move six modular structures. In the past, the moving costs were paid for by Supervisor Antonovich's Office and the Los Angeles Homeless Services Authority (LAHSA). In addition to minimizing moving costs, the intent of the rotation was to provide Bridge to Home time to find a permanent location for the shelter. The shelter started operations at the City owned Golden Valley Road property during the 2007-2008 winter season and remained at that location until March 2010. During the 2010-2011 winter season, the shelter moved to the City owned Drayton property. Pursuant to the City's agreement in 2007, the shelter is scheduled to move to County property in Castaic for the 2013-2014 winter season. However, in August 2012, Bridge to Home met with City staff to request an extension to the Drayton lease which would allow the shelter to continue operations at the Drayton site for three additional consecutive winter seasons. During that time, City staff raised concerns about the extension of the lease. To determine if there would be public support for the proposal, Bridge to Home reconvened two meetings with the Task Force to discuss the extension. The meetings were held on December 11, 2012, and January 9, 2013. City staff attended both meetings and expressed concern about the requested extension. One concern included impacts to the surrounding businesses. Another concern is the potential future need of the property to address access issues related to the potential proposed Materials Recovery Facility (MRF) at the Saugus Industrial site which is located off of Springbrook Avenue and north of Drayton. Based on the City's preliminary review, it appears that the MRP may have access challenges from Springbrook Avenue. Thus, this could require the developer to find alternate means of access to the property. An alternative option could use the City owned Drayton property to provide the necessary access to the MRF. During the January 9 Task Force meeting, the Task Force unanimously passed a motion to support the extension and raising the issue with the City Council. A report summarizing the Task Force meetings was provided by Bridge to Home and is attached to this agenda item. As a result of the Task Force meeting, Bridge to Home made public comment during the January 22, 2013, City Council meeting requesting that the City Council consider an extension to the Drayton lease for an additional three consecutive winter seasons and agendize the issue for the February 12, 2013, City Council meeting. Subsequently, the City Council directed City staff to work with Bridge to Home to address concerns associated with extending the lease and bring the issue back to the City Council for a formal decision during tonight's City Council meeting. Bridge to Home has informed the City that they and LAHSA would need a formal decision by February 2013 in order to give them ample time to move six modular structures to County property in the event the extension is not approved. E City staff met with Bridge to Home representatives and has negotiated a tentative agreement which addresses concerns pertaining to the extension. The agreement includes: • Support of a lease extension which would allow Bridge to Home to operate the temporary winter shelter at the City owned Drayton site for an additional three consecutive winter seasons (winter seasons of 2013-2014, 2014-2015, and 2015-2016). An extended "winter season' which would allow Bridge to Home to start shelter operations on the Monday prior to Thanksgiving instead of December 1 st. In exchange for the extension, Bridge to Home agrees to achieve milestones during each year of the extended three year lease agreement that would demonstrate their efforts to find a permanent location for the winter shelter. Below is a summary of the milestones developed by Bridge to Home and memorialized in a letter dated January 30, 2013, to the City and incorporated into the draft lease agreement as Exhibit C. First Year: Bridge to Home will create a new Committee of the Board which will be charged with finding a permanent location for the winter shelter. In addition, Bridge to Home will work with the Task Force and the City to identify multiple potential locations for a winter shelter by December 31, 2013. One of the locations will include the City owned Drayton property. • Second Year: Bridge to Home will adopt a preferred permanent shelter site no later than December 31, 2014. • Third Year: Bridge to Home will acquire a permanent site and have a plan for the development and transition to the new site no later than July 1, 2015. • In the event that Bridge to Home fails to achieve the above milestones, the City has the option to terminate the lease agreement. • Bridge to Home agrees that the winter shelter may not be used as a year-round shelter during the term of the lease agreement. • The City can terminate the lease agreement, upon six months written notice prior to the start of the "winter season," if it is determined that the Drayton property is needed to address access issues related to the proposed Materials Recovery Facility at the Saugus Industrial site which is located off of Springbrook Avenue and north of Drayton. • Bridge to Home agrees to meet with surrounding businesses on an annual basis to hear their concerns and determine if there are any impacts as a result of the winter shelter operation. Bridge to Home also agrees to provide the City with a report that summarizes the issues discussed at each meeting and a plan of action to address the issues raised. To obtain feedback from the surrounding businesses about the requested extension, Mayor Kellar I and City staff visited 15 businesses within the Drayton area and one residential property in early February 2013. Only two businesses and the resident expressed concern about the extension and the remaining 13 showed overwhelming support of the extension. The two businesses and one resident that did not support the extension mentioned that they were concerned about loitering, urinating in public, theft, and vandalism. Bridge to Home has agreed to reach out to these businesses and resident to help resolve their concerns. The Sheriff's Department has been asked to continue regular patrol visits and to maintain a log of each visit and activities observed. In addition, staff has contacted Supervisor Antonovich's Office regarding the proposed extension and they expressed support. The draft lease agreement is attached to this agenda. If the City Council approves the recommended the action, staff will update Exhibit B to include an updated Temporary Use Permit (TUP). ALTERNATIVE ACTIONS City Council continue the 2007 agreement with Supervisor Antonovich's office and the Task Force and require the winter shelter to move to County property in Castaic. FISCAL IMPACT No fiscal impact identified at this time. ATTACHMENTS Task Force Report Draft Lease Agreement between City and Bridge to Home 5 February 2013 Mayor Bob Kellar City of Santa Clarita 23920 Valencia Blvd. Santa Clarita, CA 91355 Subject: Report of the Santa Clarita Valley Emergency Winter Shelter Task Force Mayor Kellar, In December, 2012 Bridge to Home along with the City of Santa Clarita and the County of Los Angeles reconstituted the Santa Clarita Valley Emergency Winter Shelter Task Force (which had last met in 2007) to consider the request by Bridge to Home to continue operating the Emergency Winter Shelter at the current Drayton Street location for at least 3 additional years. This would be instead of relocating the Shelter beginning in December, 2013 to the visitor parking lot at the Pitchess Detention Center in Castaic. The Task Force met on December 11, 2012 and January 9, 2013. This letter is the report of those meetings. This report has been coordinated among the Task Force membership and represents the Task Force's unanimous position. The Task Force membership and the attendance at these two meetings is attachment 1. At the December 11, 2012 meeting, the Task Force was briefed by Bridge to Home on the history, the current status, and the growth of capabilities of the Santa Clarita Shelter. The Task Force members discussed the background, the status, and the proposal to keep the Shelter at Drayton for an additional period. "There was a full discussion regarding the history of the previous Task Force recommendation that the Shelter rotate between Golden Valley Road, Drayton Street and the Pitchess Detention Center. Task Force members requested additional information on Sheriff and Fire statistics from the Drayton Street area, whether there were any issues with the property owners adjacent to the Drayton location and the cost of relocating the Shelter to Pitchess. It was agreed that this information should be provided at a second meeting on January 9, 2013. At the January 9 meeting City staff presented a report from the SherrifPs office detailing police activity before the Shelter's arrival at Drayton Street and for the past two winters (attachment 2). The City staff also briefed the Fire Department's comments contained with its email (attachment 3). Bridge to Home briefed the Task Force on the results of contact with its neighbors (attachment 4). Finally, Bridge to Home and LAHSA briefed and discussed the Rough Order of Magnitude (ROM) cost to move to the Shelter to Castaic. Mr. Mike Arnold, Executive Director of LAHSA, confirmed that LAHSA's additional costs (in addition to those cited in attachment 5) were on the order of $30,000. That makes the ROM approximately $180,000 to move the shelter. The Task Force discussed the Sheriffs report and felt that the report contained some undefined terms, counted some non -criminal activity as criminal activity, and did not break out calls made at the request of the Shelter. It was also noted that while there was an increase in calls and apparent crimes during the first year at Drayton, the number of crimes dropped to the same, or lower, level as before the Shelter was located in Drayton during the second year. The Task force was concerned about the expenditure of approximately $180,000 that does not provide support or programs to either house or rehabilitate homeless people. Tina Haddad on behalf of the City informed the Task Force that they do not support extending the shelter at Drayton St for three reasons: • All valley communities should share the responsibility of hosting the shelter • The Drayton St. land may be needed by the city at some future date 5 During the in depth discussions of these factors and reports, the Task Force concluded: • No adverse impact to the neighborhood had been demonstrated by the location of the shelter at Drayton St. • Remaining at Drayton St. allows the continuation of the strong community support and leverages the goodwill of the neighborhood • There was no demonstration of an urgent need to use the Drayton St. property for another purpose • Moving to the Pitchess parking lot location creates a fiscally irresponsible expense and remaining at Drayton St. is a proper stewarding of the taxpayers money • There are negative impacts to the shelter operation with a move to Pitchess parking lot: o A major disruption of client services caused by the much greater distance from the shelter to the existing Santa Clarita Valley services facilities, including the more than two thousand volunteers that serve the shelter each year o Questionable coordinated transportation service for the clients to and from the shelter o The stranding of many clients caused by the distance from the known client locations to the shelter A motion was made and seconded by Task Force Members to support the Bridge to Home proposal. After a discussion, a voice vote was taken. There were no "Nay" votes and no abstentions. The Task force unanimously supported the Bridge to Home proposal. Bridge to Home then asked the City staff Task Force member to assist with placing the proposal to stay at Drayton St. for an additional period, on the City Council Agenda in February 2013. The Task Force understood the City staff's concerns, but felt that the Drayton location was operating well is centrally located to those who need the services, and that the community had invested significant volunteer time, and resources, at the Drayton location. It is important to note that Task Force members made clear that Bridge to Home had to find a permanent location for the Shelter during the next three years and that the Task Force should stay in place and serve as an advisory body to assist the Shelter in this effort. Santa Clarita Emergency Winter Shelter Task Force Distribution: Councilmember Laurene Weste Councilmember Marsha Mclean Councilmember Frank Ferry Councilmember TimBen Boydston Task Force Membership (email) Bridge to Home Board of Directors (email) Ms. Rosalind Wayman (email) Mr. Phillip Chen (email) Mr. Ken Striplin Mr. Frank Oviedo (email) Ms. Tina Haddad (email) Mr. Jeff Hogan (email) Mr. Mike Arnold (email) Attachments: 1. Task Force Membership List and Attendance 6 2. Sheriffs report 3. Fire Department's report, Ms. Tina Haddad, email 2 Jan 13, 11:00 AM 4. Neighbors Contact 5. ROM Cost Membership and Attendance Santa Clarita Valley Emergency Winter Shelter Task Force Affiliation 2006 2012-13 Representative 12/22/12 01/09/13 Representative Meeting Meeting 1 Los Angeles Larry Larry Adamson, Commissioner Attended Attended Homeless Adamson Services Authority 2 West Ranch Paul Ash Ron Mechsner Attended Attended Town Council 3 Santa Clarita Tim Davis, Tim Davis, Attended Attended CDC (DBA: Andy Hunt Braly, Bridge to Pattantyus Peggy Edwards Home) 4 Castaic Area Paul Fancett Stephanie Ebia Both Stephanie Town Council Michelle Zepp Carrillo Attended Attended 5 Canyon AI Ferdman Al Ferdman Attended Attended Country Advisory Council 6 Saugus Union Judy Fish Joan Lucid, Supt, Attended Attended School District Mary Mann Mary Mary Mann Mann 7 Valencia Acura Don Fleming Also #2 No No 8 City of Santa Tina Haddad Tina Haddad Attended, Attended Clarita Jeff Hogan Tina, Jeff Tina Jason Killebrew and Jason 9 Santa Clarita Pam Ingram Erika Kaularich-Bird, Attended Attended Valley Board of President -Elect Erika Sarah Realtors . Sarah Darabel 10 Emergency Larry Johnson Pastor John Shaver, Valencia Attended Attended Winter Shelter United Methodist Church Nancy Volunteer Michelle Andrews Taylor Nancy Taylor and Michelle Andrews II Lutheran Social Linda Malerba Jan Maseda, Attended Attended Services 12 Church of Hope Pastor George Pastor George McLeary, Attended Attended McLeary Church of Hope 13 Office of Paul Novak, Rosalind Wayman Attended Attended Supervisor Bob Haueter, Philip Chen Rosalind Rosalind Antonovich Helen Wayman Wayman Berberian 14 Spirit Larry Larry Rasmussen Did Not Did Not Propert Rasmussen Attend Attend 15 Tesoro Del Rick Ryan Did Not Attachment 1 9 Valle Home Provide Owner Contact 16 Newhall Signal Leon Worden Not Invited 17 Santa Clarita Connie Retired Telecommuting Worden- Center Roberts 18 Family Promise N/A Larry Comp, Attended Attended Terry Comp Terry Terry Chris Najarro Comp Comp Chris Chris Na'arro Na'arro 19 Valley N/A Kathy Norris, Attended Attended Industrial Chris Chapleau Chris Chris Association Cha leau Cha leau 20 Santa Clarita N/A Terri Crain, President Attended Attended Chamber of Commerce 21 Castaic Union N/A Jim Gibson, Supt. Attended Attended School District Marcia Dains Marcia Dalme Dalme Garcia Dams Garcia 22 Los Angeles N/A Mike Arnold, Executive Attended Attended Homeless Director Services Authority Attachment 1 9 SCV Sheriff Information Santa Clarita Homeless Shelter Workup Pre Homeless Shelter 12/01/09- 03/16/10 Calls for service along Drayton St. and Springbrook Ave. 21 Stats taken: 5 GTA: 1 Weapons: 1 Forgery: 1 Disorderly Conduct: 1 Repossession: 1 With Homeless Shelter 12/01/10— 03/16/11 Calls for service along Drayton St. and Springbrook Ave. 30 Stats taken: 13 Burglary: 5 GTA: 1 Grand Theft: 2 Narcotics: 1 Drunk in Public: 4 12/01/11— 03/16/12 Calls for service along Drayton St. and Springbrook Ave. 43 Stats taken: 5 Grand Theft: 1 Petty Theft: 2 Lost Property: 1 5150: 1 Attachment 2 to Tim Davis From Tina Haddad �THADDAD@santa-clanmcnm> Sent: Wednesday,January 02.201311:00 AM To: Hunt gray (huntb@braylaw.com) Ce Tim Davis {tadavts@earth0nknat) subje . Homeless Shelter Info Attach.nini: Santa Clanta Homeless shaker Workup.doc Ht Hunt: Happy Nese- Year! I hope that you enjoyed the holidays. Per your request, attached is a histor+ of reported crimes near the homeless shelter. Please note that the 12fO1i09 thin 03116110 is before the homeless shelter moved to Dra-�Ton. The following two date spans were for the past two Bears of the homeless shelter being in operation. You will see the calls for sen•ice increased in both Ott I and I N-1. With regard to service requests front the Fire Department. the shelter had only 23 responses fire Comments since December of 2010. dost of these incidents are requests for emergency; Medical care. The Paramedics report no adverse activity' in the surrounding areas. Let me know if cou have any questions Thanks. oma Haddad Dian: rothe C':,,M"nager City of Sa..nt. L lari::; cmwilthadtl i�tao2+cAarita .qty sAeo:hen>,W dsans.-clarita,mm za Cr. nJ 4 SANTA CLARTTA Attachment 3 Report to: The Santa Clarita Valley Emergency Winter Shelter Task Force 3 January 2013 At the 1 1 December meeting of the Task Force, we were asked about the acceptance of the Shelter by the neighboring businesses. This note is to respond to that request. Between December 2010 and December 2012, Bridge to Home has had dealings with nine of the neighboring business. After the 1 I December Task Force meeting we revisited the neighboring businesses to determine their experiences or concerns. Here is what we found: • 9 contacts • All support the shelter; one was concerned its operations may hinder the shelter's operations • None has issues or concerns with the shelter • 5 Donate or discount their services or materials to the shelter or the shelter's clients Attachment 4 /.z, 22 December 2012 Mr. Michael Arnold Executive Director Los Angeles Homeless Services Authority 811 Wilshire Blvd., 6'h Floor Los Angeles, CA 90017 Mr. Arnold, At the 1 1 December 2012 Santa Clarita Valley Emergency Winter Shelter Task Force meeting, we committed to assisting in determining the Rough Order of Magnitude (ROM) cost to relocate The Bridge to Home (Santa Clarita Shelter) from the current location on Drayton Street to the parking lot at the County Prison in Castaic. This note is the product of our work. Here is how we proceeded: • The attached sheet lays out the tasks we reviewed • We consulted with Meier Brothers Construction (who was the general contractor to install the shelter at Golden Valley and later to move it to the Drayton location) • We reviewed the final Meir Brothers Construction invoice to LAHSA for the Drayton move • We adjusted that invoice for: 0 3 years of inflation o The probability of repeating the discounted prices received from the house mover, architect, and temporary services contractors that we achieved in 2010. The contractors selected in 2010 had been long time supporters of the Santa Clarita Shelter and gave significant discounts. We felt it prudent to include the full price in this ROM in case those discounts are not achieved. o The specifics of the Prison Parking Lot. Very little is known at this time, i.e. distance to water, electric, etc. In these cases we used the full expense from Drayton. Since the parking lot is paved, we reduced the seal and stripe expense. o The three buildings (Dining Hall, Security Office, and combined Dental Facility — AA/NA counseling office) that Bridge to Home has added to the shelter since the relocation to Drayton Please note that LAHSA managed the project in 2010 (and we assume will do the same for this project). We have no insight to your costs of managing the project. Our ROM, therefore, does not include any management expenses. Additionally, LAHSA paid directly for the water connection at Drayton, including the hookup fees and construction to the meter. In our ROM we estimated that expense, from local experience, at $14K. LAHSA also paid directly for the installation of the electrical service and the fencing. We have no insight into those costs and therefore have not included them. Here are the cost estimates: 2010 Cost: $109.5K (not including, management, electrical, and fencing) 2013 ROM Cost: $150K (not including management, electrical, and fencing) /3 Of the estimated $150K, $12K is attributable to the preparation to move, move, and reinstall of the three buildings Bridge to Home has added to the total shelter facility. Respectfully, Tim Davis Executive Director 661-388-0081 ed@btohome.com Attachment: Tasks Associated With the Relocation to Castaic Distribution: Councilmember Laurene Weste Councilmember Marsha Mclean Councilmember Frank Ferry Councilmember TimBen Boydston Bridge to Home Executive Committee Ms. Rosalind Wayman Mr. Phillip Chen Mr. Larry Adamson Ms. Tina Haddad Mr. Jeff Hogan Tasks Associated With the Relocation to Castaic 22 Dec 12 Establish Project Management Structure: L Establish Project Management team 2, Prepare contracting documents 3. Conduct contract competition 4. Award contract 5. Manage contractor 6. Obtain Funding 7. Establish Financial Management Plan 8. Manage finances 9. Acquire water permits and installation to the meter. Depart Drayton: I. Prepare 6 buildings for transport a. Disconnect utilities b. Remove Skirting c. Disconnect tie downs d. Disconnect Ramps and Stairs e. Remove and store contents f. Install wheels, tires, and tongues (as appropriate) g. Install transport mobilizers (as appropriate) 2. Remove Electrical service 3. Remove Fences 4. Remove asphalt 5. Prepare sprinkler system for transport 6. Cap water connection Prepare Castaic: 1. Survey location: a. Assess location of utilities i. Electrical ii. Water iii. Sewage b. Assess Parking space c. Assess Lighting needs d. Assess sealing and striping needs 2. Prepare site plans 3. Obtain Permits a. Building and Safety b. Fire c. Water d. Sewer e. Transport Move into Castaic 1. Transport 6 buildings 15 2. Site 6 buildings 3. Install 6 buildings a. Remove wheels, tires, and tongues (as appropriate) b. Remove mobilizers ( as appropriate) c. Install tie downs d. Install skirts e. Repair damages (inside and outside) . f Install ramps and stairs g. Install Electrical h. Test HVACs i. Replace contents 4. Install Utilities: a. Electrical b. Water c. Sewer d. Lighting e. Fencing f Sealing and Striping g. Sprinkler System 5. Signage 6. Inspections Attachment 5 /�7 CITY OF SANTA CLARITA LEASE AGREEMENT This Lease Agreement (Agreement) to lease a portion of the property located in Santa Clarita (23029 Drayton Street, Santa Clarita, CA 91350), California for use as a temporary winter homeless shelter. This Agreement is entered into on , 2013 by and between The City of Santa Clarita, A Municipal Corporation (Lessor), and Bridge to Home, a non-profit organization (Lessee). 1. Premises: Subject to the terms and'sconditions set forth in this Agreement, Lessor hereby leases to Lessee that certain parcel of land located at 23029 Drayton Street, Santa Clarita, CA 91350, and more specifically described on Exhibit A, which is attached hereto and incorporated herein by this reference. 2. Term: The term of this Agreement shall be for a period of three (3) "Winter Seasons," commencing on the date this Agreement is fully executed and written above and shall end on March 31, 2016. The "Winter Season" is defined as the period beginning no earlier than the Monday before the Fourth Thursday of November ("Thanksgiving"), and ending no later than March 31 of each year this Agreement remains in effect. In the event extreme winter weather conditions occur beyond March 31, and with Lessor's prior: written approval, each year, the "Winter Season" may continue beyond March 31 on a month-to-month basis. The Lessor may terminate the Agreement: prior to the termination date if it has provided written notiee oto Lessee six (6) months prior to the start of a Winter Season that the site needs to be utilized for access for any planned uses on the Saugus Industrial property located on Springbrook' Avenue and north of Drayton. The Lessor has the.option to terminate the Agreement, upon written notice, if Lessee fails to comply,:,withahe Covenants and Conditions in Exhibit C. Written notice of termination `must be no less than sixty (60) days prior to the intended termination date. . 3. Base Rent: Lessee agrees to pay to Lessor the sum of.One Dollar ($1.00) per year as base rent for the Premises during the initial term. Rental payment is due upon execution of the Agreement and thereafter on the first business day of November of each year of the lease term. If this agreement continues on a month to month basis, the rental fee shall be as negotiated and agreed upon by both Lessee and Lessor. HOA,737391.1 w/City edits 01-28-13 Lease Agreement, Location: Drayton Street By and between City of Santa Clarita (Lessor) and Page 1 of 16 Bridge to Home (Lessee) 17 4. Use of Premises: The primary use of the Premises shall be as a shelter for homeless individuals during the "Winter Season." The Premise may not be used as a year-round homeless shelter during the term of this Agreement. In connection with such primary use,, individuals seeking to access services of the shelter (including overnight accommodations) may arrive at the Premises no earlier than 4:00 p.m. and must depart the Premises by 9:00 a.m. the following day. During all other Winter Season hours (i.e., from 9:00 a.m. until 4:00 p.m.) the Premises may be used for other purposes related to the operation of the homeless shelter only: These include preparation for opening the Premises as a shelter, clean-up and closure of the shelter, storage of materials and supplies, meetings of Lessee's and employees, authorized agents, contractors; :and on-site counseling services and dental clinic without overnight accommodations.,: The Premises may not be used for any commercial or for-profit purposes, or for any other uses not specifically described herein, without the prior, expresswritten approval of Lessor. 5. Compliance with Law Lessee., shall comply with all applicable statutes, ordinances, rules, regulations, orders; -°covenants "and, restrictions of record, and requirements of any fire insurance underwriters or rating bureaus, now in effect or which may hereafter come into effect, whether or not they reflect a change in policy from that now existing, during the term or any part of the term hereof, relating in any manner to the Premises and the occupation and use by Lessee of the Premises. Lessee shall conduct its business in a lawful manner and shall not use or permit the use of the Premises in any, manner that will tend to create waste or a nuisance or shall tend to disturb. neighboring businesses in the vicinity. Lessee shall employ specific methods as required:to control noise or dust that occur as a result of Lessee's husiness activities. In addition, as a condition to this Agreement, Lessee agrees to adhere to the terms and conditions set forth within Exhibit B, "Master Case No. XXX, Temporary Use Permit No. XXX, Final Conditions of Approval." (Exhibit B is attached hereto and incorporated herein by this reference.) This Temporary Use Permit shall be renewable annually and issued by the City of Santa Clarita's Community Development Department, Planning Division. 6. Condition of Premises: Lessee hereby accepts the Premises "as is", subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and any easements, covenants or restrictions of record, and further, Lessee accepts this Agreement subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee acknowledges that it has satisfied itself by its own independent investigation that the Premises is suitable for the.intended use, and that neither HOA.737391.1 w/City edits 01-28-13 Lease Agreement, Location: Drayton Street By and between City of Santa Clarita (Lessor) and Page 2 of 16 Bridge to Home (Lessee) Lessor nor Lessor's agent or agents has made any representation or warranty that the Premises was ever, is now or will remain suitable for Lessee's intended purposes. 7. Maintenance, Security, Utilities & Trash Removal: At all times during the term of this Agreement, Lessee shall maintain the Premises in a good, clean, and safe condition at all times. On expiration or any earlier termination date of this Agreement, Lessee shall surrender the Premises to Lessor in a condition as good as existed on the Commencement Date, with reasonable -wear and tear excepted. Lessor is aware that Lessee or Lessee's authorized` agents have installed six (6) portable modular buildings on the Premises,.. and acknowledges that such modular buildings are not considered as fixtures despite being affixed to the ground, and that such modular buildings remain the property of Lessee and' must be removed by Lessee or Lessee's authorized agents at the termination of this Agreement. Once installed, buildings may not be moved to another location on the Premises without prior written approval from Lessor. If Lessor fails to notify Lessee of its determination within three (3) business days of receipt of Lessees' written request, the request will be deemed approved. Lessee shall be responsible: for providing at security guard at, the shelter'during the`she Season. Lessee is responsible;; to contact< immediately in the event of ariy unsafe or may occur at y <,the shelter: Lesseel m.rema security that ay.:be necessary to protect clients. ast one licensed, unarmed, uniformed is operating hours during the Winter Los Angeles County Sheriff station usual incidents or confrontations that responsible for providing any other ssee's property, employees, agents or Lessee shall meet with surrounding businesses on an annual basis during the winter season to receive input on the Lessee's operations and to determine any impacts. Lessee shall submit a report to the Lessor that summarizes the issues discussed at each meeting and a plan of action to address the issues raised. Subject to the limitations: more specifically described within "Section 8, Alterations and Additions," Lessee shall remain fully responsible for providing for all costs and labor associated with the initial installation and final disconnection of all required utility services; such services shall include but not be limited to electrical, water, telephone and cable utilities. Lessee shall be responsible for providing a sanitary method of containment of and for the timely removal of all trash, septic waste and debris resulting from the operation of the shelter. If after reasonable notice from Lessor, Lessee fails to provide for the timely and complete removal of all such waste, Lessor may elect.to HOA737391.1 w/City edits 01-28-13 Lease Agreement, Location: Drayton Street By and between City of Santa Clarita (Lessor) and Page 3 of 16 Bridge to Home (Lessee) f9 clean the premises and Lessee shall be responsible for all such reasonable removal costs. 8. Alterations or Additions to Premises. (A) Approved Additions. Lessor previously granted approval for Lessee to install six (6) modular buildings and exterior lighting on the Premises. All such additions shall remain the property or responsibility to maintain of Lessee and are not considered as "fixtures" for purposes of determining ownership of such additions. All other alterations or additions not specifically. approved herein shall require Lessor's written approval prior to any such new installations. If Lessor fails to notify Lessee of its determination within. three (3) business days of receipt of Lessees' written request, the request will. be deemed approved. (B) General Limitations: Lessee shall not make any alterations, improvements, additions, or installation of new building structures; provide any utility installations on or about the Premises without;: Lessor's prior written approval. If Lessor fails to notify Lessee of its, determination within three (3) business days of receipt of Lessees' written request, :the request will bedeemed approved. As used in this paragraph the term "Utility Installation shall mean power panels, electrical distribution systems; lighting fixtures; plumbing, and telephone or telecommunication .wiring arid/or equipment. At the expiration of the term, Lessor may require the removal of any or all alterations, improvements, additions or utility installations, regardless of having previously approved the installation of same, and may require Lessee to restore the Premises to its prior condition, at Lessee's expense. (C)Request to make%alterations or additions: Any alterations, improvements, additions, '`or :Utility Installations in.or about the Premises that Lessee may desire to make shall;be. presented -to Lessor in written form, with proposed detailed plans. If Lessor shall give its approval to Lessee's making such alteration, improvement, addition or UtilitkIristallat oii, Lessor's approval shall be deemed conditioned upon Lessee acquiring a 'permit- to do so from the applicable governmental agencies, furnishing a copy thereof to Lessor prior to the commencement of the work, and compliance by Lessee with all conditions of said permit in a prompt and expeditious manner. Lessee shall also provide Lessor with a complete copy of the as -built plans and specifications before the start of work for any such alterations, improvements, additions, or Utility Installations that Lessor may approve. (D) Permission to alter or construct additions: If Lessor does permit Lessee to make its own alterations, improvements, additions or Utility Installations, Lessee shall use only such contractor as has been expressly approved by Lessor; Lessor's approval of Lessee's selected contractor shall not be unreasonably withheld and will HOA.737391.1 w/City edits 01-28-13 Lease Agreement, Location: Drayton Street By and between City of Santa Oarita (Lessor) and Page 4 of 16 Bridge to Home (Lessee) �O be provided to Lessee within ten (10) calendar days from receipt of Lessee's written request. Lessor may require Lessee to provide Lessor, at Lessee's sole cost and expense, a lien and completion bond in an amount equal to one and one-half times the estimated cost of such improvements, to insure Lessor against any liability for mechanic's and materialmen's liens and to insure completion of the work. Should Lessee make any alterations, improvements, additions or Utility Installations without the prior approval of Lessor, or use a contractor not expressly approved by Lessor, Lessor may, at any time during the term of this Agreement, require that Lessee remove any part or all of the same. (E) Lessee shall pay, when due, all claim's' for labor or materials furnished to or for Lessee at or for use in the Premises; :which claims are or may be secured by any mechanic's or materialmen's lien against1he Premises,,or any inteiest therein. (F) Lessee shall give Lessor not less than fifteen'(15) days' written notice, or a lesser period of time if agreed to by Lessor, prior to the commencement of any work on or about the Premises by Lessee, and Lessor shall have the right to post notices of non -responsibility on or about the Premises as provided by law. If Lessee shall, in good faith, contest:. the validity of any such lien,, claim or demand, then Lessee shall, at its sole expense defend itself and Lessor against the same and shall pay and satisfy any such, adverse' judgment that may be rendered thereon before the enforcement thereof against the Lessor or.:the Premises, upon the condition that if Lessor shall .require, Lessee shallfurnish`to Lessor a surety bond satisfactory to Lessor in an amount equal.: to such contested' lien claim or demand indemnifying Lessor against liability for the same and holding the Premises free from the effect of such lien or claim. (G) Utility Additions: Lessor reserves the right to install new or additional utility facilities throughout the Premises including, but not limited to, such utilities as plumbing, electrical systems, communication systems, and/or fire protection and detection systems, regardless of who shall benefit from such additions so long as such installations do not unreasonably interfere with Lessee's stated use of the Premises. 9. Insurance / Indemnity: (A) Lessee's Liability Insurance: For the mutual benefit of Lessor and Lessee, Lessee shall during the term of this Agreement cause to be issued and maintain on the leased property public liability insurance in the sum of at least $1,000,000, for injury to or death of one person, $1,000,000 for injury to or death of more than one person in any one accident, insuring the Lessee against liability for injury and/or death occurring in or on the Premises and $1,000,000 of property damage coverage. HOA.737391.1 w/City edits 01-28-13 Lease Agreement, Location: Drayton Street By and between City of Santa Clarita (Lessor) and Page 5 of 16 Bridge to Home (Lessee) Required insurance policy shall also be endorsed to name Lessor, its officials, and employees as "additional insureds" under said coverage, to state that such insurance will be deemed "primary" such that any other insurance that may be carried by Lessor will be excess thereto, and to state that the policy will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to Lessor. The Lessee shall maintain all such insurance in full force and effect during the term of this Agreement and all extensions thereof, and shall pay all premiums for the insurance. Evidence of insurance and of premiums shall be delivered to the Lessor. (B) Property Insurance -Lessee: Lessee shall, at Lessee's expense, obtain and keep in force during the term of this Agreement for the benefit of Lessee, replacement cost fire and extended coverage insurance, with vandalism and malicious mischief endorsements, in an amount sufficient to cover not less than 100% of the full replacement cost, as the same may exist from time to time, of all of Lessee's personal property, fixtures, equipment and/or other improvements located on the Premises. (C) Indemnity: Lessee shall indemnify, and hold +harmless Lessor and its agents, Lessor's master or ground lessor, partners and lenders .from and against any and all claims for damage: and/or liabihtyto the person or property of anyone or any entity arising from. .Lessee's .use of the Premises, or from the conduct of Lessee's business or from anyy activity; work or things done, permitted or suffered by Lessee in or about the Premises or, elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims, costs and expenses arising from any breach -or defaultiii the performance of any obligation on Lessee's part to be performed under the terms of this Agreement, or arising from any act or omission of Lessee, or any of Lessee's agents, contractors, employees, or invitees, and from and against all costs, attorney's fees, expenses and liabilities incurred by Lessor as the result of any such use, conduct, activity, work, things done, permitted or suffered, breach, default or negligence, and in dealing reasonably therewith, including but not limited to the defense or pursuit of any claim or any action or proceeding involved therein: and in case any action or proceeding be brought against Lessor by reason of any such matter, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim in order to be so indemnified. (D) Exemption of Lessor from Liability: Except for active negligence or other wrongful conduct by Lessor, Lessee hereby agrees that Lessor shall not be liable for injury to Lessee's business or any loss of income therefrom or for loss of or damage to the property of Lessee, Lessee's employees, invitees, customers, or any other person in or about the Premises, nor shall Lessor be liable for injury to the person of HOA.737391.1 w/City edits 01-28-13 Lease Agreement, Location: Drayton Street By and between City of Santa Clarita (Lessor) and Page 6 of 16 Bridge to Home (Lessee) FOM Lessee's employees, agents or contractors, whether such damage or injury is caused by or results from theft, fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether said damage or injury results from conditions arising upon the Premises, or from other sources or places, or from new construction or the repair, alteration or improvement of any part of the Premises, or of the equipment, fixtures or appurtenances applicable thereto, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible. (E) No Representation of Adequate Coverage The requirements as to the types and limits of insurance coverage to be maintained by Lessee as required within this agreement, and any approval of such insurance by Lessor, are not intended to and will not in any manner limit or quahfy.the liabilities and :obligations otherwise assumed by Lessee pursuant to this or any other Agreement;.-, including but not limited to the provisions concerning indemnification. 10. Taxes - Personal, Personal Property, and/or Possessory Interest: Notwithstanding anything contained elsewhere in this Agreement, Lessee is solely responsible for any tax(es) levied upon their proportionate share of leased space, or arising as a result of.this.agreement, including any and all penalties that may be associated with such -taxes:' Lessor claims no responsibility for the preparation, payment or any claims associated with any;tax assessed to Lessee. 11. Assignment an!& Subletting There shall be no assignment of this agreement; nor the Premises during the..term.of this Agreement and any extensions thereof. However, Lessor hereby acknowledges, that Lessee may contract with a third party to conduct shelter services on the premises. 12. Default::. The occurrence of any one or more of the following events shall constitute a material defaultof this Agreement by Lessee: (A) Vacation or Abandonment of the Premises: Vacation of the Premises shall include the failure to occupy the Premises for a continuous period of sixty (60) days or more during the Winter Season, whether or not the rent is paid. Notwithstanding this provision', the vacation of the Premises at times other than during the Winter Season shall not be considered an event of default. The premises shall not be deemed vacated or abandoned if the Premises are being prepared for occupancy. (B) The breach by Lessee of any of the covenants, conditions or provisions relative to alterations, assignment, failure to maintain and keep the premises in good condition, vacation or abandonment, insolvency, false statement, estoppel HOA.737391.1 w/City edits 01-28-13 Lease Agreement, Location: Drayton Street By and between City of Santa Clarita (Lessor) and Page 7 of 16 Bridge to Home (Lessee) �?_3 certificate, subordination, auctions, or easements, all of which are hereby deemed to be material, non -curable defaults provided that Lessor gives 30 days written notice to Lessee allowing for an opportunity to cure. (C) The failure by Lessee to make any payment of rent or any other payment required to be made by Lessee hereunder, as and when due, where such failure shall continue for a period of three (3) days after written notice thereof from Lessor to Lessee. In the event that Lessor serves Lessee with a Notice to Pay Rent or Quit pursuant to applicable Unlawful Detainer statutes such Notice to Pay Rent or Quit shall also constitute the notice required by this paragraph. 13. Lessor's Liability. The term "Lessor". as used herein shall mean only the owner or owners, at the time in question, of the fee title or a lessee's interest in a ground lease of the Premises, and in the event of any transfer of such title or interest, Lessor herein named (and in case. of any subsequent transfers then the grantor) shall be relieved from and after the: date of such transfer of all liability as respects Lessor's obligations thereafter to be performed, provided that any funds in the hands of Lessor or the then grantor at the time of such transfer, in which Lessee has an interest, shall be delivered to the{grantee. The :obligations contained in this Agreement and performed by Lessor shall, subject'`as_previously mentioned, be binding on Lessor's successors and assigns, only *during their respective periods of ownership, 14. Remedy for Default. If there is a default by Lessee as provided by Section 12, then Lessor may terminate this Agreement upon 30 days written notice to Lessee. Either party may.terminate this Agreement, with or without cause, upon 90 days, written notice>to the other party. 15. Covenants and Conditions. Each provision of this Agreement performable by Lessee is deemed both a covenant and a condition. Lessee further agrees to comply with the, specific Covenants and Conditions more fully described on Exhibit C, which is attached hereto:and incorporated herein by this reference. 16. Time of Essence: Time is expressly declared to be of the essence in this Agreement. 17. Sole and Only Agreement: This instrument constitutes the sole and only agreement between Lessor and Lessee respecting the Premises, and correctly sets forth the obligations of Lessor and Lessee to each other as of its date. Any agreements or representations respecting the Premises or their leasing by Lessor to Lessee not expressly set forth in this instrument are null and void, unless an addendum to this Agreement is agreed to in writing by both the Lessor and Lessee. HOA.737391.1 w/City edits 01-28-13 Lease Agreement, Location: Drayton Street By and between City of Santa Clarita (Lessor) and Page 8 of 16 Bridge to Home (Lessee) 18. Binding on Heir and Successors: This Agreement shall be binding on and shall insure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties. 19. Binding Effect; Choice of Law. Subject to any provisions within this agreement restricting assignment or subletting by Lessee, this Agreement shall bind the parties, their personal representatives, successors, and assigns. This Agreement shall be governed by the laws of the State of California, and any litigation concerning this Agreement between the parties hereto shall be initiated in Los Angeles County. 20. Subordination: (A) At Lessor's option this Agreement. shall be subordrnate,to any ground lease, mortgage, deed of trust, or any other Hypothecation or security now or hereafter placed upon the Premises by Lessor and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession.of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Agreement, unless this Agreement is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Agreement granted prior to the -lien of its mortgage,.deed of'trust or ground lease, and shall give written notice:;thereof to Lessee this Agreement shall be deemed prior to such mortgage, deed of trustor ground lease, whether this Agreement is dated prior or id subsequent.to the date'of samortgage, deed -.,of trust or ground lease or the date of recording -thereof. (B) Lessee agrees to execute any documents required to effectuate an attornment, subordination, or to make this Agreement senior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within thirty (30) days after written demand shall constitute a material default by Lessee hereunder without further notice to Lessee. 21. Notices: Except as otherwise provided by law, any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to either party to this Agreement by the other party shall be in writing, and shall be deemed duly served and given when personally delivered to the party to whom it is directed or, in lieu of personal service, when deposited in the United States mail Certified Return Receipt requested, postage prepaid, addressed to Lessor at: City of Santa Clarita HOA.737391.1 w/City edits 01-28-13 Lease Agreement, Location: Drayton Street By and between City of Santa CIarita (Lessor) and Page 9 of 16 Bridge to Home (Lessee) ,2,3 23930 Valencia Boulevard, Suite 300, Santa Clarita, CA 91355 Attention: Tina Haddad, Office of the City Manager And to Lessee at: Bridge to Home \ P.O. Box 802978 Santa Clarita, CA 91380 Attention: Tim Davis, Executive Director Either party may change its address for purposes of this; paragraph by giving in written notice of the change to the other party in the manner, noted above and per this paragraph. 22. Lessor's Access: Lessor and Lessor's agents shall have the right to enter the Premises for the purpose of inspecting the same, performing any services required of Lessor, showing the same to prospective purchasers, lenders, or lessees, taking such safety measures, erecting such 'scaffolding or other necessary structures, making such alterations, repairs, improvements or additions to the Premises as Lessor may reasonably, deem necessary or desirable and the erecting, using and maintaining of utilities, services, pipes. and conduits through the Premises, on the fencing and/ elsewhere on the Premises as long as there is no material adverse effect to Lessee's use of the Premises. Lessor may at any time place on or about the Premises, any "For Sale" signs or other signage as Lessor deems necessary from time to time or on a permanent basis. All activities of Lessor pursuant to this paragraph shall be without abatement of rent, and shall Lessor have no other liability to Lessee relative to same. Lessor shall have the right to retain keys to the Premises to unlock all doors in or upon the Premises other than to files, vaults, and safes. In the :case of an.6mergency, Lessor shall retain the right to enter the Premises by anysxeasonably ;appropriate means, and any such entry shall not be deemed a forcible;'or unlawful entry or detainer of the Premises or as an eviction. Lessee waives any charges. for damages or injuries or interference with Lessee's property or business in connection with any such emergency entry by Lessor. 23. Auctions: Lessee shall not conduct, nor permit to be conducted, either voluntarily or involuntarily, any auction upon the Premises without first having obtained Lessor's prior written approval. Notwithstanding anything to the contrary in this Agreement, Lessor shall not be obligated to exercise any standard of reasonableness in determining whether to grant such approval. Any auction held on the Premises will be a violation of the terms of this paragraph and shall constitute a material default of this Agreement. HOA.737391.1 w/City edits 0I-28-13 Lease Agreement, Location: Drayton Street By and between City of Santa Clarita (Lessor) and Page 10 of 16 Bridge to Home (Lessee) M 24. Signs: Lessee shall not place any sign upon the Premises or the fencing without Lessor's prior written approval, which approval may not be unreasonably withheld or delayed. 25. Easements: Lessee is to honor any and all existing easements, rights and/or dedications that may be in place and attached to or pertinent to the Premises, regardless of their mention or reference within this document or to any limitations they may have with regard to Lessee's current or future use of the Premises. Lessor reserves the right to grant such easements, rights and dedications that Lessor deems necessary or desirable, and to cause the recordation of Parcel Maps and restrictions. Lessee shall sign any of the aforementioned documents upon request of Lessor and failure to do so shall constitute a material default of this Agreement by Lessee without the need for further notice to Lessee. The obstruction of Lessee's view, air, or light by any structure erected in the vicinity of the.Premises, whether by Lessor or third parties, shall in no way. affect this Agreement or impose any liability upon Lessor. 26. Clearance of brush, vegetation and debris: Lessee agrees to remove all brush, vegetation and debris from the Premises as may be necessary for fire protection consistent with the requirements of all applicable laws and regulations. LESSOR AND LESSEE HAVE CAREFULLY READ AND REVIEWED THIS AGREEMENT AND. EACH TERM AND PROVISION CONTAINED HEREIN AND, BY EXECUTION OF THIS AGREEMENT, SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT THE TIME THIS AGREEMENT. I,S EXECUTED, THE TERMS OF THIS AGREEMENT ARE COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT:AND PURPOSE OF LESSOR AND LESSEE WITH RESPECT TO THE PREMISES: IF THIS AGREEMENT HAS BEEN FILLED IN IT HAS BEEN PREPARED FOR SUBMISSION TO YOUR ATTORNEY FOR HIS APPROVAL. NO REPRESENTATION OR. RECOMMENDATION IS MADE BY THE CITY OF SANTA CLARITA OR ITS AGENTS OR EMPLOYEES AS TO THE LEGAL SUFFICIENCY, LEGAL EFFECT, OR TAX CONSEQUENCES OF THIS AGREEMENT OR THE TRANSACTION RELATING THERETO; THE PARTIES SHALL RELY SOLELY UPON THE ADVICE OF THEIR OWN LEGAL COUNSEL AS TO THE LEGAL AND TAX CONSEQUENCES OF THIS AGREEMENT. Executed on 2013 at Santa Clarita, California LESSOR HOA.737391.1 w/City edits 01-28-13 Lease Agreement, Location: Drayton Street By and between City of Santa Clarita (Lessor) and Page 11 of 16 Bridge to Home (Lessee) �7 CITY OF SANTA CLARITA Kenneth W. Striplin, City Manager Attest: Armine Chaparyan City Clerk Approved as to Form: HOA.737391.1 w/City edits 01-28-13 Lease Agreement, By and between City of Santa Clarita (Lessor) and Bridge to Home (Lessee) Location: Drayton Street Page 12 of 16 M Exhibit A HOA.737391.1 w/City edits 01-28-13 . Lease Agreement, By and between City of Santa Clarita (Lessor) and Bridge to Home (Lessee) Location: Drayton Street Page 13 of 16 WMA Exhibit A (cont.) HOA.737391.1 w/City edits 01-28-13 Lease Agreement, Location: Drayton Street By and between City of Santa Clarita (Lessor) and Page 14 of 16 Bridge to Home (Lessee) 3� Exhibit B TUP The TUP will be finalized upon City Council, approval of the lease extention. Fora HOA.737391.1 w/City edits 01-28-13 Lease Agreement, By and between City of Santa Clarita (Lessor) and Bridge to Home (Lessee) Location: Drayton Street Page 15 of 16 31 CITY OF SANTA CLARITA INTEROFFICE MEMORANDUM TO: ' Master Case 10-108 FROM: Jason Killebrew, Assistant Planner I DATE: November 5, 2012 SUBJECT: Bridge to Home, Santa Clarita Winter Homeless Shelter. Since December 1, 2010 the Bridge to Home Winter Homeless Shelter has been operating during winter months at 23031 Drayton Street under Master Case 10-108, This Memo is to serve as an extension of Master Case 10-108 to now expire; March 31, 2013 for homeless shelter operations. s:\w\currcnt\2010\10-108 (winter homeless shclter tupttrmemo for wension.doc i 3;-- CITY OF SANTA CLARITA MASTER CASE NO. 10-108 TEMPORARY USE PERMIT 10-023 Date: October 1, 2010 Applicant: Los Angeles Homeless Services Authority 453 S. Spring St., 12`h Floor Los Angeles, CA 90013 Architect Harold A Meier, 23232 Market Street Santa Clarita, 91321 Request: Proposal for a Temporary Winter Homeless Shelter located off Drayton Street, east of Springbrook Avenue (APN: 2836-030-916, 2836-030-915, 2836-030-914, 2836-008-900) in the I (Industrial) Zone within the City of Santa Clarita. Findings: In granting this approval, the Director finds that the required Burden of Proof set forth in Section 17.03.080 of the Santa Clarita Unified Development Code has been met by the applicant. The Director further finds that the use is categorically exempt since it meets the criteria set forth in Class 4 of Section 15304 of the California Environmental Quality Act Guidelines. This approval is pursuant to the following conditions. CONDITIONS OF APPROVAL / MITIGATION MEASURES GENERAL CONDITIONS GC1. The applicant shall be responsible for notifying the Department of Community Development, in writing, of any change in ownership, designation of a new engineer, or change in the status of the developer, within 30 days of said change. 33 MC#10-108 October 1, 2010 Page 2 of 5 GC2. Unless otherwise apparent from the. context, the term "applicant" shall include the applicant and any other persons, corporation, or other entity making use of this grant. The applicant shall defend, indemnify, and hold harmless the City of Santa Clarita, its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attach, set aside, void, or annul the approval of this project by the City, which action is provided for in Government Code Section 66499.37. In the event the City becomes aware of any such claim, action, or proceeding, the City shall promptly notify the applicant, or if the City fails to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the City. Nothing contained in this condition prohibits the City from participating in the defense of any claim, action, or proceeding, if both of the following occur 1) The City bears its own attorney's fees and costs; and 2) the City defends the action in good faith. The applicant shall not be required to pay or perform any settlement unless the settlement is approved by the applicant. GC3. It is further declared and made a condition of this permit that if any condition hereof is violated or if any law, statute, or ordinance is violated the City may commence proceedings to revoke this approval GC4. The property shall be developed and maintained in substantial conformance with the approvals granted by the City. Any modifications shall be subject to further review by the City. GC5. The applicant shall sign and have notarized -the attached "Acceptance Form". This form shall be returned to the City's Planning Division. PLANNING DIVISION PLl. The applicant shall be permitted to operate a Temporary Winter Homeless Shelter consisting of six (6) buildings. The homeless shelter shall be temporary in nature, located on the north end of the property, and developed in substantial conformance with the approved plans on file with the Department of Community Development. PL2. The Temporary Winter Homeless Shelter shall have daily operation from. December 1, 2010 to March 31, 2013 for the homeless shelter. Structures shall be permitted to remain from April 1 to November 30 each year but shall not be used for homeless shelter activities. PL3. This TUP shall expire on November 30, 2013. A request for extension shall require a TUP and must be submitted 30 days prior to expiration of this permit. PL4. The Temporary Winter Homeless Shelter shall be open to serve clients from the hours of 5 P.M. to 8 A.M. The applicant shall not permit loitering during operation of the homeless shelter. For purposes of this condition the term "loiter" is defined as presence upon the common area of the shelter's premises. 3� MC#10-108 October 1, 2010 Page 3 of.5 PL5. The applicant shall restrict walk-in clients and provide bus/shuttle services for clients. Prior to issuance of building permits, the applicant shall provide a bus/shuttle service program identifying pick-up locations(s), hours of service and routes to the project site, to the satisfaction of the Director of Community Development. PL6. The applicant shall install fencing around the project site to the satisfaction of the Director of Community Development. Fencing material shall consist of vinyl -coated chain link. PL7. The applicant shall install pots with trees/plants around the interior perimeter of the site to soften the edges of the facility to the satisfaction of the Director of Community Development. PL8. No signage has been approved with this permit. Prior to the installation of signs for the proposed use, the applicant shall submit required plans for review and approval from the City of Santa Clarita. PL9. The project site shall include a gate including a door knob or lock, and outdoor lighting to the satisfaction of the Director of Public Works. PL10. The applicant shall provide a minimum of one handicap accessible parking space with an eight -foot wide loading zone and a level path of travel to the homeless shelter.. PLI1. All patrons receiving meals shall be required to stay overnight, unless other accommodations are made. PL12. Any waste produced on the premises shall be disposed of properly. Solid waste shall not be allowed to drain into storm water inlets or gutters. PL13. The applicant shall comply with all inspection requirements as deemed necessary by the City of Santa Clarita. PL14. All applicable provisions of the Los Angeles County Health Department, Building and Safety Division, Los Angeles County Fire Department and Business License Codes shall be met. PL15. All requirements of the Zoning Ordinance and of the specific zoning of the subject property must be complied with unless set forth in the permit. ENGINEERING ENI. Prior to the issuance of building permits, the applicant shall obtain approval for a drainage plan of the proj ect site. 35 MC#10-108 October 1, 2010 Page 4 of 5 BUILDING AND SAFETY BSI. Prior to issuance of building permits, the applicant shall provide a site plan, foundation plan, and floor plan including all areas called out of the City of Santa Clarita Building and Safety Trailer Correction Sheet to the satisfaction of the Director of Public Works. BS2. The applicant shall be aware of the site's Fire Hazards. Plans shall call out proper roofing materials. In.addition all exterior materials shall be non-combustible, with dual glazed windows, skirting, etc. Primary uses of the trailers must be approved by a Building Officials and Fire Department in writing. BS3. Prior to the issuance of building permits, the applicant shall provide a foundation plan showing the anchor bolt and holdown schedule. The foundation plan with sections shall be designed by a Registered Civil or Structural Engineer from the State of California. Signature, stamp, expiration date, from a California registered Architect .or Engineer on the plans is required. BS4. Prior to the issuance of building permits, the applicant shall provide a framing plan showing construction of the accessible ramp stairs and grade. Applicants shall specify the height from deck to grade, The plans shall provide details.on the landings at the doors, stair details, ground level bathrooms/wash stations, paved areas, and ramp details. BS5. The applicant's floor plans shall show walls, eating layouts, sleeping layouts, etc. The plans shall include note: `tThis trailer shall have a state approved stamp/seal identifying the use as either a `B" or `B-2" occupancy. The sleeping quarters shall be rated a "R-1" occupancy. The distance from `B" occupancy to "R-1" occupancy needs to be a minimum six (6) feet". In order to use the trailers for sleeping purposes, the applicant shall obtain written approval from the Building Official and Fire Department. BS6. The applicant shall provide window screens and heating units in the sleeping trailers and the eating trailer. BST Prior to the issuance of building permits the applicant shall receive the appropriate agency approvals from: • The City of Santa Clarita Planning Division • The City of Santa Clarita Engineering Division • Los Angeles County Fire Department • Los Angeles County Health Department ENIVORMENTAL SERVICES ESI. The applicant shall provide sufficient trash enclosures to house at least two 3 -yard bins. One of the bins should be reserved for recyclable materials only. 30 MC#10-108 October 1, 2010 Page 5 of 5 E92. The trash bins shall be located to provide convenient pedestrian and collection vehicle access. ES3. All new development construction projects valuated greater than $500,000 must comply with the City's Construction and Demolition Materials (C&D) Recycling Ordinance. ES4. If the project is valuated above $500,000 the applicant shall A. Divert a minimum of 50% of the entire project's inert (dirt, rock, bricks, etc.) waste and 50% of the remaining C&D materials. B. Have a Construction and Demolition Materials Management Plan (C&DMMP) approved by the Environmental Services Division prior to obtaining permits. C. Submit a deposit of 3% of the estimated total project cost or $50,000, whichever is less. The deposit will be returned to the applicant upon proving that 50% of the inert and remaining C&D waste was diverted. ES5. All projects within the City that are not self -hauling their waste materials must use. one of the City's nine franchised haulers for temporary and roll -off bin collection services. Please contact Environmental Services staff for a complete list of franchised haulers in the City. If you have any questions regarding this application, I can be reached at (661) 255-4330. Sincerely, Jason Killebrew Assistant Planner I cc: Tina Haddad — Assistant to the City Manager Cruz Caldera — Community Preservation Administrator s:\cd\current\!2010\]0-108 (winter homeless shelter tup)\homeless shelter 2010.doc 37 ij— ;NTLYp�OTEG1ED I ZONE C AN ffMOVED 2007 FEK MA11C FIFE JKI.Ff 5Y5TEM. \ I\ � in L ZONE P \ V PLANE LINE �\OpEt'fY LINE e FENCE LINE fT 71 F �. \ u� 0 I EXIST2-61-011, pApKING 1 STALL TYP 101-0 401-01, \201-011 r 26' -O" I 6" X q" X 2 FICZE I HYPP,ANT, LOCATED Af THE CORP\ OE DI?AYTON & 5FINOVOK n X00' 160'. 581 `12'�"W I ,01 0JI 0 O i eMAYrf N5r, 30 �z 201 ,,,,, , s i i ' / 'iri�i�;,'POi� vv r Ir�rrW ; • � I ,01 0JI 0 O i eMAYrf N5r, 30 ZOW A 20 ffi f mf CI A55, LEGEND AP0955 A55555OF PARCEL; 23031 IjPAWON 5MEf SANTA CLAP k CA 91350 2836-080-900,2856-0!50-914, 28!56-050-9[5, & 2836-050-916 LEGAL M59IP110N; T- 1601, FOP OF LOf5 6, I, 4, 5, 6; 7,'AW Al OF LOT5 8 fO 116LK 14; TR 40079 MAT FOR IN fM 10292 OF LOT 35; TR 40079 ftf FOP IN ft?A 976 OF LOf 35; & R- 001 FOR M5C 5EE A55E55OP'5 MAP5 POR OF 2, 3, 4, 5, ANP G NA 19 MWIN6 COM: 2010 CPC, CMC, CPC, UC, 2008 KU 51p, 2010 CITY OF 5ANTA CLARITA AMENR OCCUPANCY; 6 'CON5TMETION TYPE; TYPE V - D TONING; 1(INGU5TPIAL) I,OT 51ZE: APPROX, 74, 540 5F 5TPUCTUPE A 960 5F 5TRUCT1,6dE 6; 960 5F 5TRUCTW C; 960 5F 5TPUCTUP.E P: 1440 5F 51RUCTUPE E 216 5F PPOP05EI7 5TPUCTUFE F 3205F TOTAL 4856 51' BLDG, DEPT. INFU. A-1 50 PLAN & 61,1I1,12IN6 MPAFfWNT N01 E5 A I I ENLARGED 519 PLAN A-2 FLOOR PLAN &. ELWATION5 . I (.STAR & RAMP) NOrE5 & 5Y5TEM INFoft 1 i WYOr Los ANGI H W, <D'OmY 'os, o z 3 a p n Kofi>� Pa vwc ¢�� �s w Lz�. OR� w.z LL Aiy t -OC; ao�m� �F.og� � uFa ?�W' M0 ��k�CoLL PAR JU Y `. 1 A5 N N, W Exhibit C COVENANTS AND:.CONDITIONS HOA.737391.1 w/Cityedits 01-28-13 Lease Agreement, By and between City of Santa Clarita (Lessor) and Bridge to Home (Lessee) Location: Drayton Street Page 16 of 16 yO BRIDGE TO ONiEt'\ January 30, 2013 VIA U.S. MAIL AND EMAIL thaddad a santa-clarita.com Tina Haddad, Assistant to the City Manager City of Santa Clarita 23920 Valencia Ave., Ste. 120 Santa Clarita, CA 91355 Subject: Revised Lease for Winter Shelter at Drayton Street Dear Tina, I dill IUfilLdkk \\I11 -.I ll 1 III I N' 6 s hlrarnn Limos Thank you for call ing the meet yesterday Mth Bridge to 1 -tome, along with Assistant City Manager Frank Oviedo, so that we could discuss the terms ofa Lease extension at Drayton Street for the. Winter Shelter. Ager our one hour meeting, you requested that we confer with the Bridge to Horne Board regarding the proposed deal points. We have conferred with the Board's Executive Committee and we have been authorized to make the following commitments: 1. Bridue to Home will create a new Board Committee comprised of Board Members, volunteers and community leaders which wilt be charged with finding'the permanent location of the Shelter and assist with creating the funding plan for the development and operation of the permanent location. In addition, the Emergency Winter Shelter Task Force will continue and meet periodically io provide advice and input to proposed plans for the permanent shelter. 2. Bridge io Home v'will agree to tlhe 1ellowing milestones in a nevk A_,rcenrent vkiih The City: -After consultation with the City Staffand the Shelter Task Force, provide a list of multiple potential shetter sites no later than December 31, 2013. City staff understands that Drayton Street will be initially considered, unless or until the City informs Bridge to Home that it can no longer be the site due to planning or other environmental issues. -Adopt a preferred permanent shelter site no later than December 31, 2014. -Have the permanent site acquired, a plan for the development of the site and the transition ofthe Shelter to the new site no later than July 1, 2015. fe!. . b61.3FE.QOk:i ; eTt)Hfiti�E.Ct)�\4 California Pine- rotlt Public aene.Flt Ccupnr36o:h?6R.,i: ySU;IU(3li ! t'<tx ID NO 95-45$7823 y� BRIDGE TO HO2VIlG LOT<It:f 1 [m flrl� vnpt fF. Page Two Tina Haddad January 30, 2013 igS(�C4ini rl �rrrllm,1 .sa..J �Urcn .' a e��s Et6\CINYtdIFS Y zv> 3. The City will approve an extension ol'the Winter Shelter at Diaplon Street ibr three additional years (until the 2015-2016 season). Bridge to Hume requested that the time period begin the Monday prior to:rhanksgiving and continue until the end March. The City will have the right to terminate the usage of Drayton Street as a Shelter site during the 3 year extension if the site needs to be utilized for access for any planned uses on the Saugus Ltdustrial site. The specific language wilt be in the new Agreement/Lease so that there is sufficient notice and the termination only occurs when the land is ready to be utilized for the Saugus industrial site use. Please let us know if you have any questions and if there are any other issues we need to further discuss. We look forward to having our Follow up meeting on Februaa_y 6, Very Truly Yours, ^ Tim Davis, Executive Director Hunt. Braly, President Bridge to Home Bridge to Home Board of Directors, cc: Frank Oviedo, Assistant City 'Manager via email foviedn, usanta-clarity Coln Bridge to Home Board of Directors PO :Sox 802978 1 Santa Clanta, CA 91.380-2970 Tel.: 6,G1,388.00,80 18To HOM F.. COM A Cali aini;j Mon-Prntit Pnblir. L4Li:e`a Cnroora4ion (IRC. §St71i:r: )i:.'j) ! Tad IP �Ir•. 95-X58%328 � 2