The department shall allow, in an operating contract, the entity operating the contract to have flexibility in its opening date if needed to adjust for variable seasonal or climate changes if all of the following occur every operating year: (a) A majority of the residents council, at the last meeting of the operating period, vote in favor of having a flexible opening date rather than a set opening date. (b) The residents council, at the last meeting of the operating period, determines the amount of notice required before an opening date and the method of outreach to residents. (c) The entity operating the migrant center outlines how the flexible opening date will interact with the admission priorities of the center. (d) There are no competing demands for use of the center. (e) At least 25 percent of the units will be occupied upon opening.
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