SR 06-11-2019 3A
City Council
Report
City Council Meeting: June 11, 2019
Agenda Item: 3.A
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To: Mayor and City Council
From: Andy Agle, Director, Housing and Economic Development, Housing Division
Karen Ginsberg, Director, Community & Cultural Services
Subject: Approval of agreement with The People Concern for improvements to
SAMOSHEL Emergency Homeless Shelter
Recommended Action
Authorize the City Manager to negotiate and execute an agreement with The People
Concern (TPC, formerly known as OPCC), in an amount not to exceed $669,000
(includes a $61,000 contingency) for improvements to the SAMOSHEL emergency
homeless shelter.
Summary
SAMOSHEL is a 24-hour shelter that provides interim housing for extremely vulnerable
people experiencing homelessness. The shelter is located on City-owned land at
505 Olympic Boulevard and is operated by The People Concern (TPC), a nonprofit
organization. Constructed 25 years ago, SAMOSHEL requires improvements to
maintain the facility’s usability and accessibility for participants. The proposed
agreement would fund the improvements.
Given changing needs over the past quarter century and the facility’s age, staff is in the
very early stage of scoping alternatives for a permanent replacement.
Discussion
SAMOSHEL was built in 1994 and currently provides shelter to approximately 70 people
at a time. The shelter was operated by the Salvation Army from 1994 to 2005 and has
subsequently been operated by TPC. SAMOSHEL is fully equipped with internal
dividing walls, a complete HVAC system, restrooms, showers, a commercial kitchen,
dining room, and dormitories. Substantive rehabilitation and improvements to the facility
have not been made since its inception (except some kitchen upgrades 15 years ago),
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as it was not intended to remain in place permanently. However, improvements are
needed now while the City considers options for the creation of a permanent shelter that
could be integrated with other community needs such as supportive services, behavioral
mental health services, and permanent supportive housing. That process is expected to
involve a significant public process in the future.
The recommended funding would facilitate general rehabilitation of the shelter as well
as accessibility enhancements for the occupants, including persons living with
disabilities.
The City provides annual operating funds to TPC for SAMOSHEL through the Human
Services Grants Program. However, the City does not provide funding for improvements
to the facility. The proposed rehabilitation would include improvements to:
• restroom and shower facilities, including tile floors and walls, partitions, vanities,
exhaust fans, dryers, and fixtures
• kitchen facilities, including new flooring and cooking and food-storage equipment
• heating, ventilation, and air-conditioning systems
• lighting fixtures, switches, and fire sprinklers
• individual lockers
• doors with electronic/remote access features
• outdoor awning and gate
TPC obtained bids for the proposed work. Three bids were received and ranged from
$530,000 to $725,000. Staff proposes a budget amount of $608,000 plus a ten-percent
contingency, for a total amount of $669,000. Staff proposes to provide the funding via
an agreement with TPC establishing the scope of rehabilitation, budget, construction
schedule, progress payment protocols, contractor qualifications, and insurance
requirements.
Financial Impacts and Budget Actions
Staff seeks authority to approve funding to TPC for improvements to the SAMOSHEL
emergency homeless shelter.
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Funding Agreement Request
Request
Amount
FY 2018-19 Budget
Department Account #
Total Contract
Amount
$669,000 01160002.529140 $669,000
Prepared By: Jim Kemper, Housing Program Manager
Approved
Forwarded to Council
Attachments:
A. Written Comments
1
Vernice Hankins
From:zinajosephs@aol.com
Sent:Monday, June 10, 2019 10:10 PM
To:Greg Morena; Sue Himmelrich; Terry O’Day; Ted Winterer; Kevin McKeown Fwd; Gleam Davis; Ana
Maria Jara; Rick Cole; Katie E. Lichtig; Karen Ginsberg; Andy Agle; councilmtgitems
Cc:zinajosephs@aol.com
Subject:City Council 6/11/19 agenda item 3-A -- SAMOSHEL improvements contract
June 10, 2019
To: City Council, Andy Agle, and Karen Ginsberg
From: Zina Josephs
RE: 6/11/19 agenda item 3-A – SAMOSHEL improvements
http://santamonicacityca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1183
Recommended Action
Authorize the City Manager to negotiate and execute an agreement with The People Concern (TPC, formerly known
as OPCC), in an amount not to exceed $669,000 (includes a $61,000 contingency) for improvements to the
SAMOSHEL emergency homeless shelter.
Speaking only for myself, I have the following questions and comments:
1) Why are the SAMOSHEL improvements not a Public Works project? After following the process for
the design and awarding of construction contracts for the Civic Center Sports Field on city-owned property, I’m
puzzled as to why improvements on another city-owned property such as SAMOSHEL are not being handled by
the Public Works Department.
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I believe the tent is owned by the city, it’s located on city-owned land, and the lease may possibly state that the
city is responsible for maintenance or improvements, so it’s puzzling that the city staff is not managing the
project.
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2) Is there any indication that OPCC / SAMOSHEL staff members know how to manage a $700,000
construction project? I.e., what do minimally trained caseworkers know about managing construction
projects?
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3) Certified Access Specialist -- Is a Certified Access Specialist going to be employed by the City to approve
the improvements so that there is ADA compliance?
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4) Fiscal accountability -- I’ve heard that the gross annual income for OPCC/The People Concern is
approximately $17,000,000 per year.
So I’m puzzled as to why OPCC has not only allowed SAMOSHEL to deteriorate (failing to repair an
emergency exit, for example), but has also apparently failed to comply with basic ADA requirements.
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5) What’s missing on the list of “improvements” in the staff report?
a) Specific accessibility enhancements for persons living with disabilities are missing.
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b) Bunk bed safety – Some of the men are assigned to bunk beds. But there are no ladders for the upper beds,
and no safety bars for the upper beds. One 60-year-old client fell out of a top bunk, landed on the cement floor,
and ended up in the hospital with a concussion.
c) Emergency exit not safe – There is not enough space between the pedestrian gate, which slides sideways,
and the building. The gate needs to be moved further east, and it should be a push bar gate for exiting the
facility safely in case of an emergency. The push bar is currently gone and the gate is chained closed. The
vehicle driveway gate also needs to also be moved further east.
d) Interior cameras should be installed in the corridors and public areas as a deterrent to stealing.
e) Relocate the bicycle rack to a location less susceptible to theft.
f) Lockable storage for clients -- There should be a lockable metal chest of drawers and a lockable night
stand for each bed so clients’ belongings can be stored in an organized fashion, as the months go by, not just
jammed into non-lockable plastic bins under the beds.
g) The Respite Bed facilities are not conducive to recovery from illness. Some sections of SAMOSHEL
have walls that go all the way up to the ceiling and therefore block sound transmission.
The women’s Respite Bed section is part of the women’s dormitory, and there are two men’s Respite Bed
rooms.
None of these Respite Bed sections have walls that go all the way to the ceiling. The result for Respite Bed
clients trying to sleep is that they hear noise from all over the tent, which is not conducive to recovering from
illness, especially serious or chronic illness.
A drop ceiling (aka suspended ceiling) with insulation is needed for sound isolation for the two men’s
Respite Bed rooms and for the women’s dormitory. The SAMOSHEL nurse has apparently recommended this
in the past but was turned down.
From Wikipedia: “How much does it cost for a drop ceiling? The average cost for a 10'x12' room is
around $1,500 installed.” And a drop ceiling could be installed in one day.
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h) The maintenance storage closet needs to be moved – Respite Bed clients are awoken after “lights out”
up to 7 times per night by staff turning on the ceiling lights and walking through one of the Respite Bed rooms
to get to their supplies.
This particular Respite Bed room is about 20x16, housing 4 or 5 clients in two rows of beds with a walkway in
between. At the far end of the walkway is the maintenance storage closet (paper towels, soap, blankets, sheets,
etc.)
i) Cubicles -- If the storage closet were moved elsewhere, the room could easily be subdivided to create
cubicles, as exist at other facilities, even other OPCC facilities, to give the ill Respite Bed clients some peace
and some privacy.
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5) Food and drink
a) Water fountain or water cooler – There’s no water fountain, just a plastic water container of some sort,
which is not tamper proof, and into which the staff dumps some ice cubes at the beginning of the day. This is
not hygienic.
b) Jail-like hours -- At SAMOSHEL, overhead lights come on in the dormitories and breakfast is served at 6
AM, 365 days a year (including Sundays and holidays).
There are no cooks and breakfast, 365 days a year, consists of hard-boiled eggs, toast, and cold cereal. Oatmeal
and grits are available on alternate days. No juice or fruit is offered. Coffee is available only with breakfast, and
only water from the plastic container is available the rest of the time.
This would be fine for a few days, but some clients have been stuck at SAMOSHEL for years!
In contrast, at one PATH facility (People Assisting the Homeless), lights come on and breakfast is served at
7:30 AM. There are two shifts of cooks who actually cook three meals a day, with a variety of menus. And
neither day-old Subway sandwiches, nor donated leftover event food that may have spoiled, is served at PATH.
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Apart from my/our previously mentioned programmatic reforms needed for OPCC/TPC, funding for physical
improvements to the SAMOSHEL facility itself, MUST include funding for remediation of the well-known, often
reported, dangerous toxic sewer gas entering the unventilated tent on a regular (and at times daily) basis.
This sewer gas that has been plaguing residents and workers for years, is composed of hydrogen sulfide
(smell of rotten eggs) and likely other gasses that could be toxic. I and many others are 100% certain this gas
has caused harm to and exacerbated the disabilities of countless numbers SAMOSHEL’s most vulnerable
residents, for well over 5 years now. I know this because I investigated, and was a resident who was rushed to
the Emergency Room on two separate nights, in extreme respiratory distress from inhaling sewer gas in the
middle of the night trying to fall asleep. I had extreme weakness to the point of collapsing and near collapsing,
extreme migraine and nausea. I was the sickest, the most asthmatic, in most agony, and most scared I have
ever been my life. At any moment I was afraid I would stop breathing. Inhalers, medicine, organic vapor
professional grade respirator mask, did not work. Only emergency medical treatment with Intravenous
delivered medicines and fluids would ultimately help, many hours after the agonizing pain began.
These funds and preferably additional immediate funds, must—as soon as possible if not immediately
— be used to locate the EXACT source of the leak, repair it, and the make sure it is COMPLETELY
remediated. This needs to be accomplished through careful, close observation over many weeks, especially
between the hours of 10:30pm and 530 AM the following morning In fact, one main. reason the Health
Inspectors haven’t determined the sewer gas leak to be problematic or dangerous, is because they have
inspected and taken measurement levels only when the levels were low or non-existent In the day or earlier
evening.
Dangerous toxic pollution does not maintain a normal, regular (or even overtime) work schedule, as the
inspectors for the Health Department, Fire Department, and most OPCC workers and management do.
Underground sewerage flows at various levels with varied compositions/concentrations, at different times; and
the wind blows from different directions and different speeds at different times. When all these factors come
together in a sort of “perfect storm” — as they do now on a regular basis — SAMOSHEL gets high levels of
toxic sewer gas filling every area of tent.
Important: If the sewer gas leak is slowly getting worse and more dangerous to more people, it appears
unlikely that it will be detected in time to prevent massive, even permanent injury, or perhaps death. Legal
liability exposure by The City and OPCC will remain high, if this sewer gas remediation project is not
implemented, and implemented correctly.
Important: In the meantime, starting tomorrow or by the latest, next week, the two window vents in the ceiling
of the men’s dorm can be opened to give clients some relief from the sewer gas and from odors and smells
from client bodies and their scented hygiene and grooming products. It is understood that these ceiling
ventilation windows with fans inside are permanently kept shut and sealed off, in order to save money
on heating and air-conditioning bills. This is a horrific, unconscionable abuse, intentional negligence,
and reckless disregard for the safety, health, and welfare of residents. It is doled out mindlessly,
selfishly by OPCC/TPC, and heaved onto its most vulnerable residents of SAMOSHEL. It is
disgraceful.
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Important: Once the new ventilation system is installed, how do we know OPCC will actually turn on the new
exhaust system and allow residents to open the newly installed windows? Currently they do not allow the
ceiling windows to be opened. This must be monitored by a Citizens’ Oversight Committee.
Important: How will SAMOSHEL residents be protected from unlawful evection in the weeks or months
leading up to the improvements/renovations of SamoShel. For each resident kicked out before renovation,
that’s fewer dollars spent on relocating them. According to Housing laws residents are to be relocated for the
duration of the renovation. This must be monitored by a Citizens’ Oversight Committee.
New Study: “One in four Americans suffer when exposed to common chemicals.
University of Melbourne research reveals that one in four Americans report chemical sensitivity, with nearly half
this group medically diagnosed with Multiple Chemical Sensitivities (MCS), suffering health problems from
exposure to common chemical product.”
In other words at least one in four SAMOSHEL residents will be chemically sensitive to some degree, whether
they are aware of it or not. And at least half of them wiill have been diagnosed with Multiple Chemical
Sensitivities. All of these residents will be adversely affected in some way by the sewer gas exposure.
From Steven Temes, Industrial Hygienist and ACAC Certified Microbial Consultant:
“Worker health and safety regulations require that workplace contaminant exposure limits not be exceeded.
Industrial Hygienists and Indoor Environmental Professionals are trained to conduct air sampling for risk
assessment and compliance purposes. The concentrations of airborne contaminants measured using
standardized sample collection and analytical methods are compared with established occupational exposure
levels (OELs). Based primarily upon toxicological testing, numerical values for these OELs are set to prevent
adverse health effects in a hypothetical healthy adult working 40 hours per week.
These acceptable exposure values are for general compliance/safety purposes and are not a determinant of
"safe" or "unsafe" for an individual who is not "healthy" or "normal" with regard to their individual response to a
chemical exposure. There should be no presumption that someone who is not the hypothetical healthy adult
worker cannot be affected at levels well below any general exposure guideline.“
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From: Multiple Chemical Sensitivity - Martin L. Pall - www.thetenthparadigm.org/mcs09.htm
“Prevalence Estimates
There have been a number of prevalence estimates of MCS that have been reviewed elsewhere (1,5,27). The
prevalence of severe MCS in the U.S, is approximately 3.5% of the population, with much larger numbers,
possibly 12 to 25% moderately affected (1,5). The most extensive such studies have been published in a
series of papers by Caress and Steinemann (31). Studies from Canada, Germany, Denmark and Sweden have
produced similar to somewhat lower estimated prevalences, roughly 50 to 100% of the U.S. estimates
(1). From these various studies, MCS appears to have a very high prevalence, even higher than that of
diabetes. Four studies report that there is also high comorbidity between MCS and important chronic
diseases (32-35), providing further evidence that the public health impact of MCS is immense.”
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Why my precautions and warnings should be taken seriously. I am a first-hand witness and victim to
the bodily ravages of toxic sewer gas.
Soon after first arriving at SAMOSHEL, despite informing multiple staff of my extremely serious symptoms and
debilitating impairments from repeated sewer gas exposure, my spoken and written grievances and reasonable
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accommodation requests were clearly not taken seriously by OPCC staff and management. It is critically
important for the City Council to know that important disability and medical information routinely does not reach
management, or if it does, it is simply dismissed as too much to bother. I learned through the Housing
Program Director, Luther Reigert, that staff was actually instructed to hold back, bury, or throw out certain
grievances due to grievance abundance and backlog; and more disturbingly, just not wanting a paper trail
about certain issues that management desired to dodge accountability and legal liability for. I think
medical/disability related information, grievances, and Requests for Reasonable Accommodation, should get
through to management no matter what.
I turned in a grievance form and Request for Reasonable Accommodation to OPCC management despite
being intimidated and threatened by certain staffers and a few fellow residents trying to obviously prevent me
from coming forward. I was even assaulted by a resident who was afraid SAMOSHEL would be shut down due
to the very obvious and severe sewer gas problem I was discussing openly. One time I was told by a staffer
who managed SAMOSHEL to stop spreading propaganda (aka truth & facts) about the sewer gas or I'd be
kicked out. He said this in front of many other residents. Another staffer claimed I was on crack. I don't do
drugs. Toxic substances in the air abuse me (without my consent). I do not abuse them. Imagine what it would
be like to be force-fed dangerous drugs or toxic chemicals — with awful side effects. That's essentially what
happens to me with certain forms of indoor air pollution. It adversely affected me for several months at
SAMOSHEL.
Even many residents most affected or made ill by the sewer gas did not come forward, or speak out, or file a
grievance or Request for Reasonable Accommodation. They were viciously intimidated and threatened like I
was, and were afraid of different forms of retaliation: loss of vital services, including temporary and permanent
housing opportunities or status.
My repeated reasonable accommodation requests to open the only two ceiling/rooftop air vents, and engage
operation of the rooftop motors to draw foul air out of the facility, were continually ignored. This is actually
a Dept. of Building and Safety code issue and perhaps a Health Dept. code issue. My continued requests to
open the front and/or back door when the odor was present, especially when at its worst, were ignored.
Sometimes I would get yelled at for even asking. Not taken seriously was was my request for reasonable
accommodation for consideration of installation of screen doors and windows and/or vents in the residents’
areas, as there are windows, doors, and outdoor ventilation in or closely around both staff offices. One doesn't
have to wonder why staff did not get as sick as residents, why they generally felt the foul air was tolerable,
Especially since most of them worked in the day time when the sewer gas was more likely to be at its lowest
levels or not present of all. Also ignored was my request to have the men's sleeping quarters tested by air
quality investigators only when the sewer gas odor was at its worst - usually from 1030pm to 530am. I also
advised that OPCC ask the testing investigators to write down on their report if they believed the air quality was
suitable for residents with certain chronic diseases, such as of the heart, lungs, and immune system: heart,
stroke, embolism, asthma, Multiple Chemical Sensitivity. None of this was done. This dismissing and
minimization of air quality grievances was a regular experience of many SAMOSHEL residents, who also
experienced negative health effects and disruption of their daily functioning due to the sewer gas problem. It
was the rule, not the exception.
After my emergency room visits from sewer gas poisoning, and some nights of not turning the heat on in 42° to
45° temperature (outside), my GP doctor (along with me, fearing real threats to my life) wrote a letter to OPCC
management to instruct them to officially allow me to sleep outside on the SAMOSHEL patio. Which I did
whenever the air was filled with sewer gas. You see, the relentless sewer gas exposure had caused me an
actual chemical injury. Not just repeated sickening, debilitating symptoms from exposures. This was the third
chemical injury of my entire life, over a 25 year period. I am still attempting to recover from the injury to my
lungs and other areas of my body.
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Important Further Points, Questions, Clarifications, Summations:
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How will residents know if another even more dangerous chemical release or even natural gas leak is
occurring, if it is masked by the heavy stench of sewer gas? This is a very real danger with unabated
strong odors. Must we wait for massive serious injury or death to occur?
How will residents know if there is a smell of smoke at the early stages of a fire. Must we wait for
massive serious injury or death to occur?
OPCC deliberately and routinely does not create a paper trail in order to avoid ADA regulations and
disability rights laws. Thus they flagrantly violate the rules for dealing with requests for reasonable
accommodation. They don’t answer In writing as they are legally compelled to do, and within the time
period as directed by the law.
If the expert remediators (private environmental hygiene companies preferably) cannot locate
the source and rid SAMOSHEL of this regular influx of toxic sewer gas—completely—the shelter
MUST NOT BE REBUILT at that location. It is too dangerous for the chronically ill. If this sewer
gas leak problem is ignored, diminished in importance, or dismissed outright as not serious,
The City, OPCC/TPCC, other entities, and likely individuals will have significant liability
exposure.
****Please see attachments listed at the beginning of the statement***
To help protect your privacy, Microsoft Office prevented automatic download of t his pict ure from the Internet.
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Vernice Hankins
From:OZ <zurawska@yahoo.com>
Sent:Tuesday, June 11, 2019 11:56 AM
To:councilmtgitems
Cc:Sue Himmelrich; Greg Morena; Kevin McKeown Fwd; Gleam Davis; Ana Maria Jara; Terry O’Day; Ted
Winterer; Andy Agle; Karen Ginsberg; Lane Dilg
Subject:written public comment re 3A at the 6/11/19 City Council meeting - Samoshel
Dear Councilmembers and City Staff:
Why have John Maceri and Setareh Yavari allowed Samoshel to go without improvements or
maintenance for fourteen and seven years, respectively?
Isn't Santa Monica supposed to be a progressive leader on addressing homelessness?
What exactly is Ms. Yavari collecting a reported $264K in an annual salary and benefits for?
Why has Ms. Yavari been dispensing taxpayer dollars to OPCC dba The People Concern for years
for Samoshel knowing that the facility and program violate the rights of individuals with disabilities,
which violates the Human Services Grant agreement between the City and The People Concern?
Why is the City itself not improving Samoshel which is located on City property?
Why should the questionable homeless services provider, who has allowed the property to go without
improvements or maintenance for fourteen years, now be in charge of the $669K to improve the
property?
Since when is the homeless services provider in the business of construction and property
remodeling?
It seems that Mr. Maceri is not even capable of ensuring that his clients receive housing case
management, and now he will be branching out into the business of construction or remodeling?
Is the City going to hire a Certified Access Specialist to ensure that the improvements comply with
disability rights laws?
Or is it going to be entrusted to John Maceri who has a track record of civil rights violations but
blatantly denies that, including before this Council?
Below is a recent response from the federal Office for Civil Rights regarding the discrimination of
individuals with disabilities at Samoshel and its Respite Bed Program.
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A side question, is the federal Office for Civil Rights part of the smear campaign Mr. Maceri likes to
complain about?
And most importantly, who is going to oversee that every dollar of the $669K goes to quality
improvements rather than the questionable provider's pocket?
We have been urging the City to commission a fiscal and performance audit of the provider, and
instead doing that the City will now throw another $669K at John Maceri, who over the years has
been okay with the janitor not cleaning the Samoshel bathrooms for months at a time?
See some pictures from Samoshel under Mr. Maceri’s management:
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The above toilet is reported to stay like this for six days - under John Maceri’s management.
And here are some screenshots from a recent lawsuit filed against The People Concern by former
(ousted) employees:
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It is my opinion that allowing The People Concern to be in charge of the $669K for Samoshel
improvements would be fiscally irresponsible considering the provider’s track record.
I urge the City to take full charge and control of improving the City owned facility without involving the
provider in a role other than that of a consultant. I also urge the City to hire a Certified Access
Specialist to provide an assessment of the facility’s compliance with disability rights laws, and to seek
their advice regarding the proposed improvements.
Regards,
Olga Zurawska
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REFERENCE:
Contract No. 10852
(CCS)