Title
Health and Human Services Agency (HHSA) recommending the Board:
1) Adopt and authorize the Chair to sign Resolution 187-2024, which authorizes the HHSA Director, or Chief Assistant Director, to execute future Mental Health Adult Transitional Living Lease Agreements with residential landlords, using the updated Mental Health Transitional Living Lease Agreement template attached hereto as Attachment A, superseding and replacing Resolution 134-2015, previously adopted by the Board on August 11, 2015 (Legistar file 14-0509, version 2); and
2) Authorize the HHSA Director, or Chief Assistant Director, to execute further documents relating to said template leases, including amendments, contingent upon approval by County Counsel and Risk Management.
FUNDING: 100% Mental Health Services Act.
Body
DISCUSSION / BACKGROUND:
Serving as the Mental Health Program (MHP) in El Dorado County, HHSA’s Behavioral Health Division (BHD) is responsible for evaluating the needs, services and facilities required to serve mental health clients, specifically addressed under MHSA and California Welfare and Institution Code (WIC) Sections 5600, 5600.2, and 5600.6. Consistent with these responsibilities, BHD seeks to empower clients with mental illness with the opportunity to live independently through a transitional housing model.
California Health and Safety Code (HSF) Section 50675.14(2) defines transitional housing as "housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, maximizing his or her ability to live and, when possible, to work in the community." This housing may include apartments, single-room occupancy residences, or single-family homes. Further, California HSC Section 50675.14(3) defines the "target population" as including persons with disabilities.
Transitional housing offers the least restrictive and most homelike environment for clients while still supporting them in learning to be self-sufficient. The National Alliance on Mental Illness notes that stable permanent housing assists individuals with mental illness in achieving major life milestones, including improved health, education, job training, and employment. Individuals who achieve these milestones potentially become productive, contributing members of our society. Unfortunately, access to affordable housing in El Dorado County's tight housing market has made it difficult for clients with mental illness to obtain stable and safe housing.
To support clients with mental illness and to empower them to begin to work toward self-sufficiency, HHSA desires to enter into lease agreements with private residential landlords. Entering into such leases enables HHSA to provide clients with the least restrictive, safe, clean and independent living environment. The County’s process of leasing Transitional Living Houses dates back to the County’s inception of its MHSA Community Services and Supports (CSS) Project, that was formally approved by the State of California on April 28, 2006.
On June 17, 2014, the Board approved the Transitional Living Lease Agreement template and adopted Resolution 066-2014, which permitted the HHSA Director, or designee, to execute Transitional Living Lease Agreements with residential landlords for the provision of transitional housing for BHD Adult Full Service Partnership (FSP) clients (Legistar file 14-0509, Version 1). Thereafter, on August 11, 2015, the Board adopted Resolution 134-2015, a South Lake Tahoe specific Transitional Living Lease Agreement Template, and authorized the HHSA Director to execute future Mental Health Lease Agreements and amendments with residential landlords.
The language in the Transitional Living Lease Agreement template has been updated and has been approved by both County Counsel and Risk Management. This modified template is being presented in this agenda item to ask the Board to approve the changes made to this agreement as follows:
a) In the prior Board approved template, the utilities were included in the monthly rent. HHSA has separated both the rent and utility cost into separate rates to allow residential landlords to charge for actual costs of the utilities with their monthly invoice submission.
b) Upon written request by the Lessor to County prior to April of any given year, with County written confirmation of approval, property monthly rent may be increased, to take effect July of the following fiscal year. This will allow residential landlords to increase their rents based on any substantiated housing cost increases. With the current Board approved template, HHSA staff are unable to accept landlord rent increases on long-term residential agreements, due to the omission of this rent increase language in the template, which has resulted in landlords (Lessors) cancelling their County Leases for Mental Health Transitional Living properties.
c) Upon written request by the Lessor to County prior to April of any given year, a change in the yearly not to exceed rate for collective utilities may be requested for reevaluation, with any County written agreed upon cost increase to take effect July of the following fiscal year. The Landlord must provide evidence from the previous twelve (12) months of collective utilities cost as part of their request.
d) Standard contract articles were updated.
HHSA is recommending the Board adopt and authorize the Chair to sign the attached Resolution, superseding and replacing Resolution 134-2015, to approve the use of the modified Transitional Living Lease Agreement template attached for residential leases.
ALTERNATIVES:
Should the Board decline to approve this amended template, Mental Health program staff will continue to use previously approved Transitional Living Lease Agreement template for County properties.
PRIOR BOARD ACTION:
1) 06/17/14, 14-0509, Version 1, HHSA T-House Template Resolution
2) 08/11/15, 14-0509, Version 2, HHSA T-House Template Resolution
OTHER DEPARTMENT / AGENCY INVOLVEMENT:
County Counsel and Risk Management.
CAO RECOMMENDATION:
Approve as recommended.
FINANCIAL IMPACT:
There is no General Fund Cost associated with this agenda item as this request is for boilerplate/template agreement. Sufficient appropriations for the anticipated Transitional Living Lease Agreements were included in the Fiscal Year (FY) 2024-25 Budget and will be included in future budgets for the terms of the resulting agreements.
CLERK OF THE BOARD FOLLOW UP ACTIONS
Clerk of the Board to obtain signature of Chair on the Resolution.
STRATEGIC PLAN COMPONENT:
N/A
CONTACT
Olivia Byron-Cooper, MPH, Director, Health and Human Services Agency