HomeMy WebLinkAbout07/05/2016 02 Review Locations for a Temporary Homeless EncampmentBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
Item No. 2.
For Meeting of: July 5, 2016
ITEM TITLE: Review locations for a temporary homeless encampment
SUBMITTED BY: Jeff Cutter, Interim City Manager
SUMMARY EXPLANATION:
Due to continuing issues presented in the neighborhood along Chestnut and 6th Street, the City
Council wants to provide further consideration to alternative sites for the homeless encampment.
ITEM BUDGETED:
STRATEGIC PRIORITY:
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APPROVED FOR SUBMITTAL: Interim City Manager
STAFF RECOMMENDATION:
BOARD /COMMITTEE RECOMMENDATION:
At its June 30, 2016 Public Safety Committee meeting, the members requested that this item be
sent to the full Council for consideration within a week.
ATTACHMENTS:
MEMORANDUM
TO: Honorable Mayor Gutierrez and Members of the City Council
Jeff Cutter, Interim City Manager
FROM: Joan Davenport, Director of Community Development
DATE: June 2, 2016
SUBJECT: Yakima Homeless Location Options and Urgent Action Needed
Background for this report
At the May 25, 2016 Yakima City Council special meeting, staff presented a draft resolution,
contract, and related materials that would have initiated the establishment of a temporary
location for a homeless encampment, sponsored by a faith -based organization on a city owned
piece of land. There is currently between 20 to 40 people camping along the south side of East
Chestnut Street between 6t" Street and the alley, adjacent to a residential neighborhood. There
are no basic facilities available for these people including bathrooms, potable water, trash
facilities and other basic human needs. For several weeks this encampment has been located
in this area and continues to increase in the number of homeless persons.
As previously presented to the City Council, the residents and businesses in this neighborhood
have expressed concern and dismay that this encampment continues to exist. Numerous
police - related calls and code complaints have been documented by the City and addressed to
the limits of the law. Unfortunately, City police and code enforcement staff cannot remove the
people and /or their belongings from public property unless there is an alternate location
available, based upon a recent case (Jones v. City of Los Angeles). This information was
detailed for City Council in the May 18, 2016 memorandum from Senior Assistant City Attorney
Sara Watkins.
The encampment continues to exist. This situation creates various urgent public health and
safety concerns. While the City Council acknowledged this, analysis of additional locations for
the temporary encampment was requested as soon as possible.
Finding the Solution
City staff have been meeting with representatives from various non - profit organizations to
address this situation, as well as the general problems of homeless in the Yakima valley. All
parties express commitment to finding an appropriate solution to this spontaneous
encampment as a top priority. Unfortunately, the strategy for creating an alternative location or
solution to the East Chestnut encampment has been a difficult process. The steps that are
actively being pursued include, in the order of urgency:
1. Provide the people in the encampment basic human needs as soon as possible to
reduce the negative impacts to the neighborhood,
Pagel of 3
2. Identify immediate alternatives and funding to an encampment, such as motel vouchers.
Various agencies are exploring this alternative.
3. Identify a location for an alternative encampment quickly. City owned land is limited for
this purpose, but several locations are included in this analysis for review. A non -city
location may be available but is not known at this time.
4. Identify an organization to sponsor the encampment and provide direct services as
needed. Sunrise Outreach Center has volunteered to manage the temporary
encampment, if one is developed.
5. Fund the establishment of the encampment facilities and over - sight. Funding for
homeless issues is provided to the community through the "Filing Fee Revenue"
program.
Each of these five points above have multiple action steps. This problem has been the topic of
a collaborative effort by various groups to find solutions in a timely manner. However, the most
immediate need remains the provision of basic sanitation facilities at the current site to reduce
the public health dangers and the extreme impact on the neighbors. During the day,
Neighborhood Health has made bottled water and restroom facilities available to campers at
"The Depot" site, 602 East Yakima Avenue. Neighborhood Health owns multiple land, parking
lots and structures within the immediate vicinity of the East Chestnut encampment. Staff has
been in discussion with representatives related to how to address the immediate need for
basic sanitation facilities.
The preferred location for immediate sanitation facilities would be on land owned and
controlled by Neighborhood Health. This would allow supervision of the temporary facilities by
an agency that is uniquely qualified to address the needs of the homeless. If necessary, the
City may need to locate a temporary, portable sanitation facility on the East Chestnut street
right of way. While this would provide a short term solution to the lack of facilities for this
encampment, it will also create other negative neighborhood impacts.
Funding the solution
Funds for local programs to address homeless issues are provided by the State of Washington
through the Filing Fee Revenue authorized by RCW 36.22.179; 43. 185C.060 and
43.185C.240. In addition, there are various Federal funds available to Yakima County by the
HUD Continuum of Care program. Approval to use the homeless program funding for the
purposes described in this memo will take approximately 30 days and must first be:
• Endorsed by the City of Yakima
• Approved by the Homeless Planning Policy Council
• Approved by the Executive Committee of the Yakima Valley Conference of
Governments
• Approved by the Yakima County Commissioners
The replacement for the East Chestnut encampment may be able to wait for 30 days, but
provision of sanitation facilities is a current and urgent need that must be addressed as quickly
as possible.
Page 2 of 3
Evaluation of Alternate City Owned Sites
At the May 25th City Council meeting regarding homeless issues, The City Council approved
the Resolution and contract for services with Sunrise Outreach Center for management of a
temporary homeless camp at a site to be determined. The Council articulated a few criteria
that were a significant concern. Five locations were identified which were owned by the city
and may be considered viable candidates for a temporary homeless facility.
Consideration of City Owned Land Related to Temporary Homeless facility
The matrix indicates some of the criteria necessary for evaluation. Additional information will
be presented at the Council meeting related to these five sites. No recommendation is offered
at this time for a temporary encampment site. Funding for the temporary encampment is not
available until the end of June.
In addition, funding and location for sanitation facilities at the current East Chestnut site is an
urgent matter.
Page 3 of 3
Tiger
Fair Ave
Race
Bravo Co
Wastewater
EVALUATION CRITERIA
Mart
& 1-82
St Park
Roundabout
Plant field
N 1st St
ramp
Is site NOT on a major entryway into City?
N
Y
N
N
N
Is site NOT near hospitality Services?
N
Y
Y
N
Y
Is site AWAY from a residential zone or
uses?
Y
N
N
N
Y
Is site near a transit line?
Y
Y
Y
Y
N
Is site near human service providers?
N
N
N
N
N
Does site have public water and sewer?
Y
N
N
Y
N
Is site AWAY from a school or on a school
Y
Y
Y
Y
Y
walk route?
Can site be fenced for security?
Y
Y
Y
Y
Y
Is there any shade?
N
Y
Y
N
N
Does site have any structures that could
Y
N
N
N
N
be used for accommodation?
TOTAL "YES" Criteria
6
6
5
5
4
Consideration of City Owned Land Related to Temporary Homeless facility
The matrix indicates some of the criteria necessary for evaluation. Additional information will
be presented at the Council meeting related to these five sites. No recommendation is offered
at this time for a temporary encampment site. Funding for the temporary encampment is not
available until the end of June.
In addition, funding and location for sanitation facilities at the current East Chestnut site is an
urgent matter.
Page 3 of 3
CITY OF YAKIMA
LEGAL
DEPARTMENT
200 South Third Street, Yakuna, Washuigton %Rn (509)575 6(130 F" (509)575 -6160
MEMORANDUM
May 18, 2016
TO: Honorable Mayor and City Council Members
FROM: Sara Watkins, Senior Assistant City Attorney
SUBJECT: Homelessness Issues and Possible Temporary Encampment
1. Background
At a previous regularly - scheduled Council meeting on May 3, 2016, comments were
made by residents near 6t" Street and East Chestnut Avenue regarding the impromptu
homeless encampment that recently appeared on the planting strip (in between the
street and sidewalk) on East Chestnut Avenue between 6t" and 7t" Streets. There also
have been numerous police - related calls to the location in the past weeks, and on
Friday, Comprehensive Mental Health was called out to the location to evaluate a
homeless woman who was jumping into the street in front of busses and vehicles.
During one recent police - related call a large machete was recovered. There have been
reports from neighboring properties of nuisance activity, noise, drug use, urinating and
defecating in public and in neighboring yards and alleyways. There are no sanitation
facilities or garbage facilities at the location.
Homelessness is an issue that needs to be addressed through coalitions and
collaboration. People experiencing homelessness may also be experiencing mental
health or physical health traumas, loss, or addiction. They may be homeless because
of the loss of a job, health problems, a family break up, or a myriad of other issues that
affect people in the City. There are many difference causes, providing an opportunity
for many different solutions and providing the opportunity to form partnerships with
organizations throughout the community to work together towards ending
homelessness in Yakima.
The City itself is unable to forcefully remove individuals experiencing homelessness
from public property, or remove their personal belongings in many cases. In Jones v.
City of Los Angeles, the Court found that an ordinance criminalizing sitting, lying or
Homelessness Issues and Possible Temporary Encampment
May 20, 2016
Page 2
sleeping on public property at all times violated the Eighth Amendment (cruel and
unusual punishment) because it criminalized the status of being homeless. However,
the Court provided that if there were other available accommodations, then the
ordinance could be lawful: "All we hold is that, so long as there is a greater number of
homeless individuals in Los Angeles than the number of available beds" the City may
not enforce the ordinance at all times of the day. The case indicates that if there are
other accommodations available to homeless individuals, then a City can lawfully
restrict the locations of activities, such as camping, within the City. Roulette v. City of
Seattle upheld an ordinance that prohibited sitting and lying on public sidewalks
between the hours of 7:00 a.m. and 9:00 p.m. The ordinance left open the ability to use
the sidewalks as sleeping areas overnight.
The City believes that many of these homeless individuals are chronic homeless
individuals who use the temporary winter shelters. Since those temporary winter
shelters have closed, these individuals have no place to go at night. There currently
are no low- barrier options available for homeless individuals in Yakima that have
available beds. There is not an authorized encampment in the City. There also are no
ordinances that prohibit camping on public rights -of -way such as the planting strip
(there are ordinances prohibiting overnight use of the parks —YMC 13.20 outlines the
park curfew).
2. Collaborative Work
City staff has been meeting with a group of representatives from various non - profit
organizations who are interested in creating a permanent encampment and tiny home
project somewhere in Yakima. Some of these non - profit organizations are religious
organizations. They have not purchased any property for their project and are in the
beginning stages of organizing their project. The group has also discussed the
immediate need for services for homeless individuals in Yakima. The issues have been
progressing quickly due to the escalating amount of visible homeless in Yakima and the
impromptu encampment on East Chestnut Avenue. The City has been working with
this group to come up with a solution that will work for neighboring property owners and
the homeless.
At a recent meeting, the City explained that it has some property that might be a good
fit for a temporary encampment to immediately address the issues that are occurring at
the East Chestnut Avenue area and which could provide sanitation facilities, a sense of
community, and a more safe and secure environment for the homeless. There was
interest from the group to work together on this possible project. Some organizations
immediately volunteered to help organize and support such a location with volunteers
and /or staffing. Other organizations indicated that they could contribute funding for
Homelessness Issues and Possible Temporary Encampment
May 20, 2016
Page 3
temporary sanitation facilities and other items that would be necessary to support a
temporary encampment.
The overall concept would be to provide the homeless, mostly the chronically homeless
who are currently sleeping on the streets or in the impromptu encampment on
Chestnut, a place to move to that would have toilet and water facilities, garbage
facilities, and a more secure environment with minimal barriers. The encampment
would address the health and safety issues that arise when encampments pop up in
neighborhoods that do not have any services by providing an alternate, safe, and
sanitary environment for homeless individuals. The hope is that once the homeless see
that there is a safe, secure area for them to set up their tents and store their
possessions, and a place where there are sanitary facilities, they will voluntarily move to
those areas and out of areas where no overnight services are available.
The law allows religious organizations to host temporary encampments for the
homeless with minimal oversight or requirements. RCW 35.21.915. That statute
provides that religious organizations may use land that they own or control (such as
through a lease agreement) for a temporary encampment (not a permanent
encampment). The City cannot pass ordinances or regulations that would substantially
burden their activities. This statue also provides that appointed and elected officials of
the City are immune from liability for any damages arising from permitting the
encampment or conduct or unlawful activity at the encampment. A copy of the statute
is attached hereto as Exhibit "A ". With this law in mind, the idea of leasing City property
to a religious organization for a temporary encampment arose.
City staff evaluated and identified city -owned properties that could be leased to a
religious organization (as defined in the statute) for a temporary encampment.
Properties evaluated did not include public parks, playgrounds, streets, alleys, planting
strips or parkways. Properties evaluated also did not include rights -of -way in high traffic
areas. Staff evaluated the locations of properties, surrounding land uses, and zoning
provisions to determine which property, or properties, were best suited for a temporary
encampment. There is no plan to lease City property for a permanent encampment,
only to provide for a temporary encampment until the winter warming shelters again
open in the fall.
Further, in conjunction with working on a lease of City property, City staff is evaluating
possible ordinance changes that would protect neighborhoods and ensure safety for
both residents of neighborhoods and homeless individuals, including, but not limited to,
prohibiting any camping on public rights -of -way, planting strips or alleys.
Homelessness Issues and Possible Temporary Encampment
May 20, 2016
Page 4
3. The Outcome: A Proposal to Lease City Property to SOC for a
Temporary Encampment
The City expressed the need for immediate action at a Justice Housing Project (JHP)
meeting. JHP is a group of faith -based organizations and collaborators who are
working towards a permanent housing solution for the chronic homeless. Some
members of JHP immediately rose to the challenge. Sunrise Outreach Center (SOC),
YVCOG and the Homeless Action Network immediately expressed support for a
temporary encampment project. The ball quickly started rolling from there.
The City met with these organizations and discussed the possible locations previously
identified. All parties agreed that the property located on Bravo Company Road, the
northernmost roadway at the roundabout at Lincoln and Fair Avenue, was the most
suitable property for the proposed encampment. A map of the proposed property, with
the property proposed highlighted, and an aerial view of the property, are attached
hereto for your reference as Exhibits "B" and "C ". This property provides an area with
privacy, security, and buffering, but remains close to services homeless individuals use.
The other two locations (Tiger Mart on 1 st Street and a piece of land next to the onramp
to 1 -82 off of Fair Avenue) were determined to be too far from services and unsafe due
to the heavy traffic flow, respectively.
Once the best location was determined, the City provided a list of requirements for the
encampment to ensure the safety and security of the residents of the encampment, and
the neighboring property owners and residents. The list included:
A. Proper site screening for both security for the residents of the
encampment, and to buffer the use from neighboring residential and
commercial areas. Site screening will include temporary chain linked
fencing with slats.
B. A site plan outlining where community areas will be located and ensuring
that emergency vehicles will have proper access to the area in case of an
emergency. The proposed site plan from SOC is attached as Exhibit "D"
hereto.
C. The requirement that the City of Yakima agree to the maximum occupancy
of the encampment.
D. That there be no fires or individual camp stoves used. As can be seen in
the site plan, there will be a community cooking area provided for the
residents, which will consist of a propane gas cooking surface.
E. The requirement that a Code of Conduct be created, with input from the
residents of the encampment and neighboring property owners and
residents, so that the concerns of all groups can be addressed.
F. There is an agreement that no children will be allowed at the encampment.
Homelessness Issues and Possible Temporary Encampment
May 20, 2016
Page 5
G. Sanitary facilities (toilets, hand washing areas, and water) will be provided
by SOC. SOC has also discussed the possibility of bringing in shower
facilities.
H. Garbage service will be provided by SOC.
I. To get the property ready for the encampment, the City will mow and grade
the lot so that it is more level and better suited for setting up tents and
community facilities.
The proposed lease, in its entirety, is attached hereto as Exhibit "E" for your reference.
As it reads, the City will collect no rent, due to the public health and safety issues that
have arisen due to unauthorized camping on other public property where no facilities
are available. Further, the Lease is clear that this encampment is temporary. The
encampment lease will end on November 15, 2016, and upon termination, SOC is to
ensure all residents are off of the property, and, hopefully, in the winter warming
shelters.
SOC intends to staff the encampment 24 hours a day, possibly provide food and
services, and also provide outreach services in conjunction with their mission. It is the
hope that some of these homeless individuals can transition into a more permanent
housing situation prior to the end of the lease. Other non - profit organizations may also
contribute, but that will all be coordinated through SOC, who will be the Lessee of the
property and the overall organization running the facility.
Further, it is contemplated that no City funds will be necessary for the encampment,
other than those funds necessary to set up the property through mowing and grading,
and installing a water meter to the property. The encampment should be funded
through other sources and cooperation with YVCOG and the Homeless Action Network.
These organizations are working through their processes to approve the necessary
funding for SOC to organize, facilitate and run this temporary encampment.
Contemporaneously, City staff will continue to work on a broader plan, with community
partners, to address homelessness, the well -being of homeless individuals in Yakima,
as well as concerns of residents regarding homeless encampments and activities.
5/1312016 RCW 35.21.915: Temporary encampments for the homeless—Hosting by religious organizations authorized—Prohibitions on local actions.
RCW 35.21.915
Temporary encampments for the homeless—Hosting by religious organizations
authorized—Prohibitions on local actions.
(1) A religious organization may host temporary encampments for the homeless on property
owned or controlled by the religious, organization whether within, buildings, located on the property or
elsewhere on the property outside of buildings.
(2) A city or town may not enact an ordinance or regulation or take any other action that:
(a) Imposes conditions other than those necessary to protect public health and safety and that
do not substantially burden the decisions or actions of a religious organization regarding the location
of housing or shelter for homeless persons on property owned by the religious organization;
(b) Requires a religious organization to obtain insurance pertaining to the liability of a
municipality with respect to homeless persons housed on property owned by a religious
organization or otherwise requires the religious organization to indemnify the municipality against
such liability; or
(c) Imposes permit fees in excess of the actual costs associated with the review and approval of
the required permit applications.
(3) For the purposes of this section, "religious organization" means the federally protected
practice of a recognized religious assembly, school, or institution that owns or controls real property.
(4) An appointed or elected public official, public employee, or public agency as defined in RCW
4.24.470 is immune from civil liability for (a) damages arising from the permitting decisions for a
temporary encampment for the homeless as provided in this section and (b) any conduct or
unlawful activity that may occur as a result of the temporary encampment for the homeless as
provided in this section.
[ 2010 c 175 § 3.]
Findings -- Intent — Construction —Prior consent decrees and negotiated settlements
for temporary encampments for the homeless not superseded-2010 c 175: See notes
following RCW 36.01.290.
hUp://app.log.wa.gov/RGW/default.aspx?cito=35.21.915 III
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Item Discription
1 Tents OPT 1 Panther Primitives Compact Wall 7'x9'x7' (30)
(2) OSB Sheets and (9) 8' 2 "x4" for flooring
OPT 2 Big Max 7'x7' Storage Shed
OPT 3 Cabla's Getaway 4 person tent (Nylon)
2 Restroom Shower Trailer 3 Station Restroom /Shower combo (Montando)
3 Security House Big Max 7'x7' Storage Shed
4 Dining Tent 20'x20' Heavy Duty Enclosure Kit, Canopy and Frame
5 Picnic Tables Uline 8' Wooden Picnic Tables and Benches (4)
6 Mics. Items Industrial Burners, Tarps, Lawn Chairs, etc.
7 Security Services Pacific Protective Services, $14 /Hour 24/7 for 23 Wks
8 Agency Consulting Fee Project Management $25 /hr *3.478 *5 days /wk *23 wks
Unit Price Total Inc Tax
$558
;
'
$52.20
$
18,804.87
$ 549.00
Y
= 7,787.60
$ 149.99
5
3,644.68
$ 27,400.00
$
29,592.00
$ 549.00
$
592.92
$ 1,024.00
$
1,106.30
$ 249.00
$
1,075.68
$
1,000.00
$ 54,096.00
$
58,423.68
$10,000.00
$
10,800.00
$121,395.45
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Extra peak and ridge line reinforcements
are two of the standard features that set
our scout wall tents apart from others.
TOLL FREE ORDERING: 1-800-487-2684
4 PRICES SUBJECT TO CHANGE WMIOU'r NOTICE*
11 oz. Poly /Cotton Canvas is treated to resist water and
mildew. It meets CPAI -84 flame retardancy specs. Available in
Pearl Gray Polaris.
For Velcro corner and door closures add $35 per tent.
Freight Charges are F.O.B. our factory in Normantown, WV,
SET -UP PACKAGE
TYPE OF TENT
SIZE OF TENT
W x L x HT.
WALL
HEIGHT
PRICE
Wooden Poles, Ropes,
Metal Stakes
Poles over 9' long are spliced)
Wide Wall
9'6" x 7'6" x 7'
3'
$414
$138
Compact Wall
7' x 8'10" x 7'
3'6"
$384
$174
Square Wall
9' x 9' x 8' 1
4'
$477
$177
All-Purpose Wall
10' x 12' x 9' 1
4'6"
$669
$250
Long Wall
12' x 16' x 9'6" 1
5'
$818
$280
11'3" x 16' Fly with Ropes Attached
$230
(2 UPRIGHTS, 1 Ridge Pole, Slakes)
$257
For Velcro corner and door closures add $35 per tent.
Freight Charges are F.O.B. our factory in Normantown, WV,
511712616
Your Invoice from Panther Primitives
Your Invoice from Panther Primitives
Tue 5/17/201612:50 PM '� ML
From: Accounts Payable
To: "KENT @SOCYAKIMA.COM"
Panther Primitives Inc. Page Date Invoice No
PO Box 32, Normantown, WV 25267 1 05117116 104125A
1 -800- 487 -2684
Bill To Ship To
KEN TRAINOR
SUNRISE OUTREACH CENTER
221 EAST MARTIN LUTHER KING JR
YAKIMA, WA 98901
Customer No. Sates LD. Reference # Media Code Terms
76510 CAJ /CAJ 5117/16 R /P QUOTATION, EXP 06/17/16
Ordered By Warehouse Phone Number Total Wt. Zone # Packages Ship Via
(509) 225 -9310 0.0 Lbs 0 UPS
Message;
KEN, HERE IS THE UPDATED QUOTE FOR THE COMPACT WALL TENTS THAT YOU
REQUESTED. AGAIN, IF YOU DECIDE TO ORDER WE WILL NEED AT LEAST
20% DOWN. THE TENTS CAN SHIP IN APPROXIMATELY 6 - 8 WEEKS. CAROL
Qty. B10Shipped item # Description Unit DiscExtensia
Price
30 0 0 COMPACT COMPACT WALL TENT T W X 8110" L X T H, 3'6" WALL 384.00 15 9792.0
HEIGHT
11 OZ POLARIS PEARL GRAY (GREEN) FLAME RETARDANT
TIES
30 0 0 SUPCOMPACTSET UP PKG FOR COMPACT WALL TENT C17:400)16 4437.0
NOTE: RIDGE POLE IS SLEEVED
30 0 0 9RIDGE 9' RIDGE POLE (SLEEVED) 0.00 -- 0.0
30 0 0 17250012 R10GE POLE SLEEVE- ROUNDED TOP 0.00 -- 0.0
1 112" X 3 112" X 16" NOT FOR USE WITH OUR VIKING
WEDGES
60 0 0 7UPRT T UPRIGHT 0.00 -- 0.0
POLE WILL NOT BE SLEEVED
2400 0 0 10032014 3/8" MANILA ROPE (PER FOOT) 0.00 -- 0.0i
240 0 0 10060171 SLIDERS FOR TENT ROPES 0.00 -- 0.0
540 0 0 10032003 REGULAR HAND FORGED TENT STAKES 0.00 0.01
1 0 0 SHIPPING. FIGURE SHIPPING 0.00 -- 0.01
SHIPPING WILL BE CHARGED WHEN ITEM SHIPS
THE SHIPPING CHARGES ON THIS ORDER IS ONLY AN
ESTIMATE. THE ACTUAL SHIPPING WILL BE DETERMINED
WHEN THE ORDER IS DONE AND READY TO SHIP.
MERCHANDISE QUOTATION TOTAL $ 142290
SHIPPING R HANDLING $ 3010.2-
QUOTATION TOTAL $17239.2;
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Rubbermaid Big Max 7ft. x: 7ft, Storage Shod-1887154 - Thel- lornoDepot
A"
414OW& a
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SPECWWATIONS
DIMENSIONS
Approximate Depth (ft.)
7
Door Opening Height (in.)
71.5
Approximate Width (0,)
7
Door Opening Width (In.)
60
Assembled Depth (in.)
881n
Door opening Width (fl.)
Assembled Height (in.)
103 in
Exact Width x Depth
7 ft3 In x 7 ft4 In
Assembled Width (in.)
87 In
Sidewall Height (in.)
72
DETAILS
Assembly Required
yes
Returnable
So-Day
Color Family
Browns/Tans
Roof Color Family
Black
Floor Options
With Floor
Roof Pitch
1.12
Maximum Roof Load (IbJ sq. ft.)
0
Shed DoorType
Double
Maximum Wind Resistance (mph)
0
Shad Features
Door Latch,lLockable DoorWindows
Number o(Doors
2
Siding Color Family
Brownflan
hitp:/Aqww.homedepDt.coiii/p/Rubberniald-Big-Max-7-ft-x-7-ft-StoragL-Shed-18871541204721823
416
6/18/2016
RE: Cabela's Tents
Wed 5/18/2016 9:55 AM
From Curtis Frisbie
To: "daveh @socyakima.com"
Hi Dave,
RE: Cabelds Tents
This is the Getaway 4 person tent that retails at $149.99... You would pay $112.49
I can look at other options if you would like?
0
+ IQUM iN
Shown: 4 Person
0, w *w LARakR
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A;
NEW Cabela's Go
Regular Price: 5149 -11
Item; IK- 66819 73
View All Restrictions T
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, r tony n,ontondotr@ilcr,l - om (800) 680 -2902 ext 106 wommontondoIraller.com
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Fresh WaW Capa( 411
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72-11.8 m)
98'125m)
16'0.5'(4.9 m)
20' 03' (6 1 M)
6' 9,25' (2,1 m)
I ()' ;1.15' (3.1 Ml
4,928 Ibs (2,190 kg)
850lbs (106 kq)
125 gAi (4 r.i t }
LEASE AGREEMENT BETWEEN THE CITY OF YAKIMA
AND
SUNRISE OUTREACH CENTER
THIS LEASE AGREEMENT (hereinafter "Lease "), is executed by and between the City of
Yakima, a Washington State municipal corporation (hereinafter "LESSOR ") and Sunrise
Outreach Center, a religious organization pursuant to RCW 35.21.915 (hereinafter "LESSEE ".)
WHEREAS, LESSOR has property available for lease as provided by this Lease, and LESSEE
desires to occupy and use such property in accordance with this Lease and RCW 35.21.915,
NOW THEREFORE, in consideration of the mutual promises contained herein and the benefit to
be derived by each party, the parties agree as follows:
1. LEASED PREMISES. LESSOR does hereby lease and let unto LESSEE and LESSEE
does hereby lease and take from LESSOR, that unimproved property legally described
below and as depicted on the drawing marked as Exhibit A, attached hereto and by this
reference made a part hereof, together with the right of ingress to and egress from the
leased premises:
[insert legal description here]'
PURSUANT to negotiations, it is understood by LESSOR that LESSEE intends to use
the Property as a temporary homeless encampment pursuant to RCW 35.21.915.
LESSEE acknowledges and understands that the property has no improvements or
structures and limited utility service as of the date of this Lease.
LESSEE acknowledges that it is a religious organization pursuant to the term as used in
the statute.
2. TERM. The tenancy created by this Lease shall commence upon signatures of both
parties, and shall terminate on November 15, 2016, unless otherwise terminated as
provided for herein. There shall be no option to renew the lease. All residents of the
homeless encampment must be transitioned off the property on or before November 15,
2016.
3. RENT. In consideration for LESSEE's agreement to the terms and conditions of this
Lease and that LESSEE shall use the property to operate a homeless encampment for
Yakima residents, providing a safer, more secure area for homeless individuals to camp
while searching for transitional or other housing, no rent shall be required as part of this
Lease.
4. TAXES AND LIENS. LESSEE promises and agrees to pay, as the same become due
and payable, all licenses, fees and taxes, including but not limited to the leasehold
excise, required to be paid by LESSEE by reason of this Lease and by reason of
LESSEE's use and occupancy of the leased premises and by reason of LESSEE's
construction or ownership of improvements to the leased premises. LESSEE shall
neither suffer nor permit the attachment of any lien or other encumbrance on the leased
premises by reason of LESSEE's occupancy thereof. LESSEE agrees to indemnify
LESSOR and shall hold LESSOR harmless from any such taxes and liens.
5. USE. LESSEE agrees to use the leased premises for operating and facilitating an
encampment for homeless adults. No children shall be allowed to stay overnight in the
homeless encampment for health and safety reasons unless specifically approved in
writing by LESSEE.
6. UTILITIES. Costs for utilities shall be paid by LESSEE. Water will be provided to the
property by [insert either LESSOR or LESSEE depending on property]. LESSEE
acknowledges that no sewer is available and the property is open ground not connected
to City or other utilities. LESSEE shall be invoiced monthly for the prior month's water
usage and such amounts shall be due and payable immediately if LESSOR is providing
water.
7. CLEANING AND SANITATION. LESSEE acknowledges that the property shall be kept
in a clean and sanitary condition, including, but not limited to, weekly garbage service,
sanitation facilities, such as port -a- potties and hand washing stations, and safe bio-
hazard disposal areas. Such facilities shall be provided at the expense of the LESSEE.
8. PREMISES CONDITION. LESSEE has made a full inspection of the premises, is fully
aware of its condition and accepts the premises on an "AS -IS" basis. LESSEE agrees to
pay for any improvements, repairs and /or modifications necessary to LESSEE's use,
including but not limited to all costs associated with the installation electricity, fencing or
other improvements necessary to run a homeless encampment.
9. MAINTENANCE. LESSEE agrees to keep
good a condition as the condition of the
occupancy, normal wear and tear excepted.
be responsible to maintain all leased area
existing and future, in an attractive and usa
property.
and maintain the premises in at least as
premises at the beginning of LESSEE's
LESSEE further agrees that LESSEE shall
trade fixtures and other improvements,
fle manner consistent with other LESSOR
LESSEE agrees to maintain the sidewalks and parking lots used by LESSEE in a safe,
sanitary, and usable condition at all times.
Prior to the commencement of the Lease, LESSOR shall mow and grade the property.
LESSEE shall thereafter maintain the property in a mowed, weed -free condition.
10. SIGNS AND SITE SCREENING. No signs are allowed on the property unless approved
in writing by LESSOR. Site screening in the form of a temporary slatted fence is
required to ensure the safety of residents, and screen the site from the visibility of
neighboring property owners and residents.
11. IMPROVEMENTS. No improvements are contemplated by this Lease. In the event
improvements are made by LESSOR that are affixed to the land, such improvements
shall become part of the property and revert to LESSOR upon termination of this Lease
at LESSOR'S option.
2
12. REGULATIONS. LESSEE agrees to comply with all applicable laws, ordinances, rules,
regulations and policies of all governmental authorities, including policies adopted by
LESSOR, as such laws, ordinances, rules, regulations and policies apply to the use and
operation of the leased property and as those laws, ordinances, rules, regulations and
policies now exist or may hereafter become effective.
LESSEE agrees to formulate a Code of Conduct specific to the encampment in
conjunction with the residents of the encampment, neighboring property owners and
residents, and the City (as an advisor). Such Code of conduct for use of the
encampment by residents should include, but not be limited to, requiring that residents of
the encampment not commit violations of the law, that residents of the encampment
have respect for other residents and neighboring property owners, and other such
regulations that ensure that the residents of the encampment, and neighboring property
owners and residents, are safe, secure, and that the public health and safety is
maintained.
13. SITE PLAN. LESSEE, prior to setting up the proposed encampment, shall provide to
the City a site plan that generally depicts how the site will be set up, the location of
sanitation and other group facilities, ingress and egress for emergency vehicles, as well
as the maximum occupancy of said encampment. Maximum occupancy shall be
determined by the City of Yakima.
14. SUBLETTING AND ASSIGNMENT. There shall be no subletting or assignment of this
Lease.
15. MISCELLANEOUS PROVISIONS.
A. The parties agree that LESSOR may enter upon the leased premises at any
reasonable time to make such inspections as LESSOR may deem necessary to the
proper enforcement of any term, provision or condition of this Lease. No such entry or
inspection by LESSOR is required by this provision, and the failure of LESSOR to enter
and make inspection shall not alter the relationship of the parties and their respective
rights and duties provided by this Lease. LESSEE shall be granted the right of quiet
enjoyment upon performance of all terms of this Lease.
B. LESSOR reserves the right to take any action necessary or desirable by LESSOR to
protect the LESSOR's property against any activity interfering with the efficient operation
of the LESSOR's activities, together with the right to prevent LESSEE from erecting, or
permitting to be erected, any building or other structure on the LESSOR's property
which, in the opinion of the LESSOR, would limit the usefulness of the property or
constitute a hazard.
16. INDEMNITY /DUTY TO DEFEND.
A. At no expense to LESSOR, LESSEE shall defend against and indemnify fully and
save harmless the City of Yakima and their elected and appointed officials, employees
and agents, from any and all liability, damages, suits, claims, actions, judgments or
decrees, including all expenses incidental to the investigation and defense thereof and
including reasonable attorneys' fees, based on or arising from the occupancy or use of
the leased premises by LESSEE, its servants, employees, agents, invitees, independent
3
contractors or any entity, person, firm or corporation acting on behalf of LESSEE or
under its direction, whether such claim shall be by LESSEE or a third party.
B. LESSEE agrees to reimburse LESSOR for any damage to City property, including
the leased premises, caused by the occupancy of LESSEE, its employees, agents,
servants, invitees, independent contractors or any person acting on behalf of LESSEE or
under its direction.
C. LESSEE shall keep and hold the City of Yakima, its elected and appointed officials,
agents and employees, free and harmless from any and all claims and actions, loss,
damage, expense or cost, including reasonable attorneys fees, incidental to the
investigation and defense thereof, resulting from, arising out of, or caused by LESSEE's
use of the leased premises resulting in any liability under the Federal Comprehensive
Environmental Response Compensation Liability Act of 1980, as amended, 42 U.S.C.
9601 et seq.; Hazardous Materials Transportation Act, 49 U.S.C. 1801 et seq.; Resource
Conservation and Recovery Act, 42 U.S.C. 6901 et seq.; the Clean Water Act, 42 U.S.C.
1251 et seq.; the Washington Environmental Policy Act, RCW Ch. 43.21C; the
Washington Water Pollution Control Act, RCW Ch. 90.48; the Washington Hazardous
Waste Management Act, RCW Ch. 70.105; the Washington Model Toxic Control Act,
RCW Ch. 70.105D, and the regulations promulgated thereunder, or under any applicable
local or state environmental ordinance, statute, law, rule or regulation. The provisions of
this subsection shall survive the termination of this Lease.
17. DEFAULT, TERMINATION & FORFEITURE.
A. The failure by LESSEE to comply with any term, provision or condition of this Lease
shall constitute grounds for termination of this Lease. This Lease and tenancy shall
terminate on written notice by LESSOR to LESSEE stating accurately the manner in
which LESSEE fails or has failed to comply with this Lease. LESSEE shall comply with
this Lease in the manner specified in the notice within thirty (30) days from LESSEE's
receipt of such notice, otherwise this Lease and tenancy shall be terminated. Such
notice shall be given in writing and served on LESSEE by personal delivery or mailed by
certified mail with return receipt requested addressed to LESSEE at its address stated
below or such other address as the parties may advise each other in writing. It is further
agreed that after receipt of notices and as an additional condition to avoid forfeiture,
LESSEE shall pay LESSOR's costs and expenses, including attorney's fees, for the
preparation and service of such notice. Notices shall be deemed received three (3) days
after mailing to LESSEE at the address below or such other address as the parties may
advise each other in writing.
B. Either party may terminate this Lease, with or without cause, upon 45 calendar days
written notice.
C. Upon termination of this Lease for any reason, LESSEE shall immediately surrender
the premises to the LESSOR in good condition and repair, ordinary wear and usage
excepted; and LESSEE shall remove all of LESSEE'S personal property, trade fixtures,
equipment or improvements removable by prior agreement with LESSOR from the
premises and shall repair any damage to the premises caused by such removal. Any
personal property of LESSEE, or anyone claiming under LESSEE, which shall remain
upon the premises at the expiration or termination of this Lease shall be deemed to have
0
been abandoned and may be retained by LESSOR as LESSOR'S property or disposed
of by LESSOR in such manner as LESSOR sees fit without compensation to any party.
Further, LESSEE shall remove all residents from the encampment as of the effective
date of termination of the Lease, either through default or at the end of this Lease's term.
18. NON - DISCRIMINATION CLAUSE. To the extent required by law, LESSEE, for itself, its
personal representative, successors in interest and assigns, as a part of the
consideration hereof, does hereby covenant and agree as follows:
A. No person, on the grounds of race, color, religion, sex, age, marital status, handicap
or national origin, shall be unreasonably excluded from participation in, denied the
benefits of, or be otherwise subjected to discrimination in LESSEE's personnel policies
and practices or in the use or operation of LESSEE's services or facilities.
B. LESSEE agrees that in the construction of any improvements on, over or under the
leased premises and the furnishing of services thereon, no person, on the grounds of
race, color, religion, sex, marital status, handicap, age or national origin, shall be
unreasonably excluded from participation in, denied the benefits of, or otherwise be
subjected to discrimination.
19. INTEGRATION AND SUPERSESSION. This document embodies the entire Lease
between the parties with respect to the subject matter herein contained and supersedes
any and all prior negotiations, discussions, agreements, and understandings between
the parties as to the subject matter hereof, which are hereby declared terminated and of
no further force and effect. No amendments or modifications hereof shall be enforceable
unless in writing, signed by the party to be charged.
20. SEVERABILITY. If a court of competent jurisdiction holds any part, term or provision of
this Lease to be illegal, or invalid in whole or in part, the validity of the remaining
provisions shall not be affected, and the parties' rights and obligations shall be construed
and enforced as if the Lease did not contain the particular provision held to be invalid. If
any provision of this Lease is in direct conflict with any statutory provision of the State of
Washington, that provision which may conflict shall be deemed inoperative and null and
void insofar as it may conflict, and shall be deemed modified to conform to such
statutory provision.
21. NON - WAIVER. The waiver by LESSOR or LESSEE of the breach of any provision of
this Lease by the other party shall not operate or be construed as a waiver of any
subsequent breach by either party or prevent either party thereafter enforcing any such
provision.
22. NOTICES. Notices shall be sent by registered or certified mail, postage prepaid or hand
delivered. Such notices shall be deemed effective when mailed or hand delivered at the
addresses specified below.
Time is of the essence of this entire Lease.
5
CITY OF YAKIMA
By
Jeff Cutter, Interim City Manager
Date:
ATTEST:
Z
Sonya Claar Tee, City Clerk
City Resolution No.
City Contract No.
9
SUNRISE OUTREACH CENTER
LIZZ
Dave Hanson, Executive Director
Date:
RESOLUTION NO. R -2016-
A RESOLUTION authorizing the City Manager to enter into a Lease Agreement with a
religious organization for the use of City Property to be used as a
temporary homeless encampment.
WHEREAS, homelessness is a growing issue within the City, as evidenced by the
increase in visible homeless individuals in the downtown Yakima area; and
WHEREAS, according to 2015's Point in Time count of homeless individuals, 816
homeless people were counted, 72 of which were documented as unsheltered (Source:
Homeless Network of Yakima's 2015 Annual Report); and
WHEREAS, there are public health, safety and welfare considerations with regards to
homeless individuals and the persons and property that surround impromptu and unauthorized
encampments; and
WHEREAS, although the winter months have a structured cold winter shelter program in
place, there are no similar programs or accommodations for the other times of the year where
homeless individuals are in need of shelter; and
WHEREAS, transitory accommodations hosted by churches and other non - profit
organizations can act as a tool to help address such considerations; and
WHEREAS, the City owns certain properties that may be suitable for a temporary
encampment while other non - profit organizations work to find a more permanent solution for
homeless individuals and families in Yakima; and
WHEREAS, those suitable properties do not include established parks, playgrounds,
planting strips, rights -of -way, alleys, sidewalks or streets, unless specifically identified by the
City as appropriate for such use, although in no event are established parks, playgrounds,
alleys or streets appropriate for such use; and
WHEREAS, the Washington State Legislature has deemed that temporary
encampments organized by religious organizations and located on land controlled by religious
organizations are allowed within cities pursuant to RCW 35.21.915; and
WHEREAS, the City Council for the City of Yakima finds that it is in the best interest of
the residents of the City to authorize the City Manager to enter into a Lease Agreement with a
religious organization for the use of City Property to be used as a temporary homeless
encampment, now, therefore;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
Section 1. The City Manager is authorized to negotiate and enter into a Lease
Agreement with a religious organization, such as Sunrise Outreach Center, to lease City
property for a temporary homeless encampment, which will be in substantially the same form
and content of Exhibit "1" attached hereto. Further, any lease entered into by the City Manager
shall address the following matters:
A. Availability of sanitation facilities for encampment residents including, but not limited to,
toilets and hand washing stations.
B. Availability of weekly garbage service to the encampment.
C. Site screening and /or fencing of the property for the security of residents and
neighboring residents.
D. Bio- hazard and /or needle disposal sites to ensure proper disposal of such items.
E. Establishment of a Code of Conduct, to be done with input from both encampment
residents and neighbors.
F. A site plan will be provided to, and approved with regards to codes issues, by the City.
Section 2. A map of the proposed property for the encampment lease is attached
hereto as Exhibit "2 ".
Section 3. The Lease shall be temporary, less than one year, and provide for a term
that does not overlap the winter warming shelter schedule.
Section 4. The City will not provide funding for this temporary encampment, although
the City may waive water and garbage fees for the encampment if determined by the City
Manager to be appropriate; it is intended that YVCOG or another funding agency be tasked with
providing adequate funding to ensure the intent of the temporary encampment is met, now,
therefore
ADOPTED BY THE CITY COUNCIL this 5th day of July, 2016.
ATTEST:
Sonya Claar Tee, City Clerk
Avina Gutierrez, Mayor
TENS YEARS OF ACCOMPLISHMENTS OF THE
I HOMELESS NETWORK OF YAKIMA COUNTY I Raising voices for Positive ,Change
• All types of homelessness in Yakima County decreased by over 42% in ten years.
• Homeless Management Information System
• Annual community picnic for the homeless and community members
• Extreme Winter Weather Shelter program and hotel/motel vouchers to serve the homeless
during the cold winter months.
• The "Depot", a centralized homeless resource center.
• Rod's House Homeless Youth Drop-in Center.
• Noah's Ark Homeless Shelter.
• The Homeless Medical Respite Housing Program.
• The Becket House "Housing First" Project
• The Homeless Assistance Fund to provide emergency assistance to the homeless.
• County Veteran's Program assisting homeless and incarcerated veterans and their families
• Partnering with Yakima Housing Authority to serve homeless families and the Family Reunification
Program
• Washington Families Fund Grant to provide housing and case management services for families
• ALPHATearn Homeless outreach, peer mentoring and advocacy group.
What is an advocate? An advocate is a person who speaks in support of a person or an issue. They are
also known as champions, spokespersons, crusaders and more. We are very lucky to have a large group
of advocates in Yakima County from a wide range of experience. We have service providers, homeless
people, board members and community members who are willing to spread awareness and gather
support for addressing issues of homelessness. Our advocates can be found in City Hall, Olympia, or at
local churches and organizations. This year, Washington Low Income Housing Alliance brought a three
day training to Yakima to help our advocates improve their skills. "Its powerful to speak for those who
can't." says Virginia, an ALPHA Team member and local Advocate. "People need to know the stories of
homeless people and start to get involved." If you are interested in becoming an advocate, there are
trainings and groups that can get you started. Please visit www.vakimahomeIgU.or&for more infor-
mation.
Meaningful
Connections
Outreach is important when it comes to connecting with people who need services and there are many
twists and turns along the way that make the goal of ending a person's homelessness a little harder
and much more appreciated. it's hard to gain the trust of youth who have been effected by
homelessness. Fortunately, many have come to realize that Rod's House is a safe place with safe
people. Youth like Andy often come with a friend who utilizes Rod's House for warm meals, showers,
laundry, clothing, food and services such as case management, job skills and placement and education-
al support. His first visits were uneventful but he returned because he was facing homelessness. Andy
turned to the case manager to talk about available resources and what steps he could take to make
sure he could stay in school. They worked togetherto get him food and medical assistance. Andy is gay
and needed support and safety that he didn't receive at home. He has found support within the house
that allows him to be himself and express himself freely without harsh judgment or fear of bullying or
worse. Andy recently turned 18 and left home. He is currently "couch surfing' with friends while he
continues to go to school. He is also trying to find a job. He visits Rod's House regularly to utilize their
services and to talk amongst friends. The staff and volunteers will continue their outreach to help Andy
continue his steps towards ending his homelessness, but they have had so much success in keeping
Andy engaged and supported. It is only a matter of time until Andy will get past all the twists and turns
and will be housed and safe on his own.
been so successful is the support of our community. T
are too many people, organizations and businesses to
mention who have contributed to the success of the
homelessness takes everyone in our community. If you
have not gotten involved, please consider this your formal
Getting involved isn't expensive or time consuming. You get to
meet interesting people and do the work that interests you.
You can work directly with the public, or you can offer your
skills behind the scenes.
Please considerjoining the work of the Homeless Network of
Yakima County. You can find out more about volunteer oppor-
tunities, advocacy and outreach work and funding opportunities
on our website mn6n&y�akjmaha�meless.cirto see what is
happening in the homeless community and how this effects our
community as a whole.
The future success of the Network relies on our community. We
look forward to another 10 years of success and support!
Project Homeless Connect provides people who are homeless or at risk
of becoming homeless access to services at a location near them for an en-
tire day. Participants can make crucial steps towards ending their homeless-
ness with the help of the many service providers at each site. This year,
there was a new event site at the Yakama Nation Cultural Center that
offered services specific to tribal members and the Yakima Convention
Center site offered, for the first time, veterinarian services for homeless
pets.
MEALS SERVED
HAIRCUTS
SCREENINGS
VENDORS
• 11100161it
David, a homeless and single parent, is grateful forthe chance he has today to
reunite with his year old daughter thanks to services and support from
Triumph Treatment Services. David drank and used drugs at an early age
which led to dropping out of school. David tried to live a normal life, but he
struggled with alcohol use. When David had a relapse he told a counselor
got to look at the past and thought, "it's time to cleanup my act, I don't want
to live in
prison and not enjoy and raise my kids'- I knew this was my chance". David is
now a proud graduate of Triumph's inpatient treatment program. He is
currently the onsite manager at the clean and sober housing for men. He plans to have his daughter
placed under his care. David's main goal in life is to stay clean and sober, get into permanent housing,
enjoy and raise his children in an appropriate environment and give back to the community as much as
he has received. The services at Triumph had made it possible for David to take charge of his life and
become a present parent in his children's' lives, too,
The Navigator program at People for People is part Ofa research effort that utilizes intensive case
management mf homeless people who need to overcome barriers, such os lack of education mrskills,
while allowing participants to choose their path to creating a self sufficient life. Lori entered the
program November of 2013 after beivcleanandmherforwel|over a
year. She needed o plan tn meet her career goal; become financially
secure and allow for her tn spend quality time with her children, Lori
gained new skills and refreshed old ones bw taking several classes and
workshops offered through People for People, Larry Nelson, the Lead
Housing and Employment Navigator, made sure that Lori had resources
for housing, child care and other basic needs she needed in order u`finish
the program. Lori received a job placement at Yakima Housing Authority
and was hired full time ina case management position for their Section @
program m February zo»4. Lori continues tv work pn life skills such as
budgeting to ensure she maintains a financial path for success, The
Navigator program, proves that people canachieve the goals they create
for themselves with support and e.ittemypalong mwway,
The Point in Time count, also referred toas9n-nrsimply 'the count', is conducted annua|ly
throughout Yakima County to estimate the number of people experiencing homelessness on
a single night in our communities. The local PIT count is part ofa nationwide data collection
effort required by the Department of Housing and Urban Development (HUD), The data
collected during PIT provides insight on the current situation of sheltered and unsheltered
homeless in Yakima County. The information also provides clues on how to address the
issues of homeless in our valley.
WHAT HOMELESS PEOPLE WANT YOU TO KNOW... rtruilyn -mrzice erunuem-�
Iam homeless. I've lost everything due to trusting that everyone | met was honest and good
at heart. Three bedroom home-gone. All mythings-gone. Still sucking air and wishing I weren't
-but today I'm learning to improve myself." - Pamela Moore, AKA Mom
�t can happen to anyone at any time, They should help the homeless more, be more
giving, a little means a lot. You shouldn't be afraid of homeless people. Just because
we're homeless doesn't mean we're bad." - Paul
Like most expectant parents, Opal and Pablo were thrilled and scared to find out Opal was
pregnant. They needed to add 'Find safe, affordable housing" to the list of the many things
needed tuget ready for o baby. The couple had been living in their car for over a year. Pablo
worked as much ashe could tosupport them, but they faced the challenges
of overcoming the various issues of homelessness. The Depot staff was in-
strumental in helping them find housing as well as being a job coach, a
sympathetic ear and an all-around cheerleader. They finally got their own
place in October. The little studio apartment is home for them and their
little boy, Elijah, who arrived in January. All of these changes have brought
new hopes. Pablo io currently enjoying a job he likes and Opal is working oo
completing her GED and going on to further her education. This little family
isa symbol of the goal to end homelessness for everyone,
Latasia, her husband and their four children had no place to stay and weren't sure where they
would sleep that night when they arrived ar Northwest Community Action Center. They faced
a lack pfincome and lack nf transportation. uata,ia'ohusband used VVudsoorcetn find ajob
and he was able to find a co-worker willing to share a ride with him, NCAC was able to provide
the family with temporary shelter with a hotel voucher during the housing search. After three
weeks, the family finally had a home to call their own! Latasla and her husband were very ex-
cited tohaveap|aceandbeab|etuenro||theirchi|dinschooiLatasia'shusbandiswmd/ing
full time and hopes to save enough to purchase an inexpensive vehicle, Latasia hopes to find a
job to help become more financially stable while enrolling at YVCC in the winter quarter.
WHAT HOMELESS PEOPLE WANT YOU TO HEAR~,~
According to the National Coalition for the Homeless, being homeless requires conducting
I innocent behavior of involuntary, life sustaining acts such as sleeping, eating and sitting in
"The general public has a bad attitude about the homeless. They're mean because theyfearit.
They don't want to think they're like "those peop|e". People want to fit into society.' -Ken
"we have ahome, but we don't have a house. We would love one, but we both have felonies
and no one will rent to us, so westay here and take care of each other." -Chuck
HOMELESS PEOPLE HAVE
THESE EXPERIENCES...
"Homelessness comes from all walks of life. They have college educations, they've built
homes, they've had families. What people see is only a moment in time." -Paul
"We don't have places to go. There should be more places in different locations. They should-
n't judge us. People call the cops to report us for loitering or trespassing and I buy stuff there
sometimes. It's just because I "Look" homeless." -Bandit
"It takes a l l day to find shelter, find food and water and be safe from the weather and
other people. People tell me programs enable people to be homeless, but really, its
NOT helping the homeless that enables homelessness," -Ken
"When I asked for help, I had only a little time to get everything taken care of. A job, a
car, a house... it was too hard to get those things in the winter and the shelters
stopped in the spring." -Dean
HOMELESS PEOPLE HAVE THESE STRUGGLES...
"People with animals can't find places to live That just means I'm putting my animals, who
are like my kids, before myself." Big Mama
"The criminal element in the homeless community is small like the criminal element in the
greater community." - Anonymous
"Homelessness makes anxiety and other issues worse than if I had a stable home."
-Christopher
LEASE AGREEMENT BETWEEN THE CITY OF YAKIMA
AND
THIS LEASE AGREEMENT (hereinafter "Lease "), is executed by and between the City of
Yakima, a Washington State municipal corporation (hereinafter "LESSOR ") and ........... a
religious organization pursuant to RCW 35.21.915 (hereinafter "LESSEE ".)
WHEREAS, LESSOR has property available for lease as provided by this Lease, and LESSEE
desires to occupy and use such property in accordance with this Lease and RCW 35.21.915,
NOW THEREFORE, in consideration of the mutual promises contained herein and the benefit to
be derived by each party, the parties agree as follows:
LEASED PREMISES. LESSOR does hereby lease and let unto LESSEE and LESSEE
does hereby lease and take from LESSOR, that unimproved property legally described
below and as depicted on the drawing marked as Exhibit A, attached hereto and by this
reference made a part hereof, together with the right of ingress to and egress from the
leased premises:
[insert legal description here]
PURSUANT to negotiations, it is understood by LESSOR that LESSEE intends to use
the Property as a temporary homeless encampment pursuant to RCW 35.21.915.
LESSEE acknowledges and understands that the property has no improvements or
structures and limited utility service as of the date of this Lease.
LESSEE acknowledges that it is a religious organization pursuant to the term as used in
the statute.
2. TERM. The tenancy created by this Lease shall commence upon signatures of both
parties, and shall terminate on November 15, 2016, unless otherwise terminated as
provided for herein. There shall be no option to renew the lease. All residents of the
homeless encampment must be transitioned off the property on or before November 15,
2016.
3. RENT. In consideration for LESSEE's agreement to the terms and conditions of this
Lease and that LESSEE shall use the property to operate a homeless encampment for
Yakima residents, providing a safer, more secure area for homeless individuals to camp
while searching for transitional or other housing, no rent shall be required as part of this
Lease.
4. TAXES AND LIENS. LESSEE promises and agrees to pay, as the same become due
and payable, all licenses, fees and taxes, including but not limited to the leasehold
excise, required to be paid by LESSEE by reason of this Lease and by reason of
LESSEE's use and occupancy of the leased premises and by reason of LESSEE's
construction or ownership of improvements to the leased premises. LESSEE shall
neither suffer nor permit the attachment of any lien or other encumbrance on the leased
premises by reason of LESSEE's occupancy thereof. LESSEE agrees to indemnify
LESSOR and shall hold LESSOR harmless from any such taxes and liens.
5. USE. LESSEE agrees to use the leased premises for operating and facilitating an
encampment for homeless adults. No children shall be allowed to stay overnight in the
homeless encampment for health and safety reasons unless specifically approved in
writing by LESSEE.
6. UTILITIES. Costs for utilities shall be paid by LESSEE. Water will be provided to the
property by [insert either LESSOR or LESSEE depending on property]. LESSEE
acknowledges that no sewer is available and the property is open ground not connected
to City or other utilities. LESSEE shall be invoiced monthly for the prior month's water
usage and such amounts shall be due and payable immediately if LESSOR is providing
water.
7. CLEANING AND SANITATION. LESSEE acknowledges that the property shall be kept
in a clean and sanitary condition, including, but not limited to, weekly garbage service,
sanitation facilities, such as port -a- potties and hand washing stations, and safe bio-
hazard disposal areas. Such facilities shall be provided at the expense of the LESSEE.
8. PREMISES CONDITION. LESSEE has made a full inspection of the premises, is fully
aware of its condition and accepts the premises on an "AS -IS" basis. LESSEE agrees to
pay for any improvements, repairs and /or modifications necessary to LESSEE's use,
including but not limited to all costs associated with the installation electricity, fencing or
other improvements necessary to run a homeless encampment.
9. MAINTENANCE. LESSEE agrees to keep
good a condition as the condition of the
occupancy, normal wear and tear excepted.
be responsible to maintain all leased area
existing and future, in an attractive and usa
property.
and maintain the premises in at least as
premises at the beginning of LESSEE's
LESSEE further agrees that LESSEE shall
trade fixtures and other improvements,
fle manner consistent with other LESSOR
LESSEE agrees to maintain the sidewalks and parking lots used by LESSEE in a safe,
sanitary, and usable condition at all times.
Prior to the commencement of the Lease, LESSOR shall mow and grade the property.
LESSEE shall thereafter maintain the property in a mowed, weed -free condition.
10. SIGNS AND SITE SCREENING. No signs are allowed on the property unless approved
in writing by LESSOR. Site screening in the form of a temporary slatted fence is
required to ensure the safety of residents, and screen the site from the visibility of
neighboring property owners and residents.
11. IMPROVEMENTS. No improvements are contemplated by this Lease. In the event
improvements are made by LESSOR that are affixed to the land, such improvements
shall become part of the property and revert to LESSOR upon termination of this Lease
at LESSOR'S option.
2
12. REGULATIONS. LESSEE agrees to comply with all applicable laws, ordinances, rules,
regulations and policies of all governmental authorities, including policies adopted by
LESSOR, as such laws, ordinances, rules, regulations and policies apply to the use and
operation of the leased property and as those laws, ordinances, rules, regulations and
policies now exist or may hereafter become effective.
LESSEE agrees to formulate a Code of Conduct specific to the encampment in
conjunction with the residents of the encampment, neighboring property owners and
residents, and the City (as an advisor). Such Code of conduct for use of the
encampment by residents should include, but not be limited to, requiring that residents of
the encampment not commit violations of the law, that residents of the encampment
have respect for other residents and neighboring property owners, and other such
regulations that ensure that the residents of the encampment, and neighboring property
owners and residents, are safe, secure, and that the public health and safety is
maintained.
13. SITE PLAN. LESSEE, prior to setting up the proposed encampment, shall provide to
the City a site plan that generally depicts how the site will be set up, the location of
sanitation and other group facilities, ingress and egress for emergency vehicles, as well
as the maximum occupancy of said encampment. Maximum occupancy shall be
determined by the City of Yakima.
14. SUBLETTING AND ASSIGNMENT. There shall be no subletting or assignment of this
Lease.
15. MISCELLANEOUS PROVISIONS.
A. The parties agree that LESSOR may enter upon the leased premises at any
reasonable time to make such inspections as LESSOR may deem necessary to the
proper enforcement of any term, provision or condition of this Lease. No such entry or
inspection by LESSOR is required by this provision, and the failure of LESSOR to enter
and make inspection shall not alter the relationship of the parties and their respective
rights and duties provided by this Lease. LESSEE shall be granted the right of quiet
enjoyment upon performance of all terms of this Lease.
B. LESSOR reserves the right to take any action necessary or desirable by LESSOR to
protect the LESSOR's property against any activity interfering with the efficient operation
of the LESSOR's activities, together with the right to prevent LESSEE from erecting, or
permitting to be erected, any building or other structure on the LESSOR's property
which, in the opinion of the LESSOR, would limit the usefulness of the property or
constitute a hazard.
16. INDEMNITY /DUTY TO DEFEND.
A. At no expense to LESSOR, LESSEE shall defend against and indemnify fully and
save harmless the City of Yakima and their elected and appointed officials, employees
and agents, from any and all liability, damages, suits, claims, actions, judgments or
decrees, including all expenses incidental to the investigation and defense thereof and
including reasonable attorneys' fees, based on or arising from the occupancy or use of
the leased premises by LESSEE, its servants, employees, agents, invitees, independent
3
contractors or any entity, person, firm or corporation acting on behalf of LESSEE or
under its direction, whether such claim shall be by LESSEE or a third party.
B. LESSEE agrees to reimburse LESSOR for any damage to City property, including
the leased premises, caused by the occupancy of LESSEE, its employees, agents,
servants, invitees, independent contractors or any person acting on behalf of LESSEE or
under its direction.
C. LESSEE shall keep and hold the City of Yakima, its elected and appointed officials,
agents and employees, free and harmless from any and all claims and actions, loss,
damage, expense or cost, including reasonable attorneys fees, incidental to the
investigation and defense thereof, resulting from, arising out of, or caused by LESSEE's
use of the leased premises resulting in any liability under the Federal Comprehensive
Environmental Response Compensation Liability Act of 1980, as amended, 42 U.S.C.
9601 et seq.; Hazardous Materials Transportation Act, 49 U.S.C. 1801 et seq.; Resource
Conservation and Recovery Act, 42 U.S.C. 6901 et seq.; the Clean Water Act, 42 U.S.C.
1251 et seq.; the Washington Environmental Policy Act, RCW Ch. 43.21C; the
Washington Water Pollution Control Act, RCW Ch. 90.48; the Washington Hazardous
Waste Management Act, RCW Ch. 70.105; the Washington Model Toxic Control Act,
RCW Ch. 70.105D, and the regulations promulgated thereunder, or under any applicable
local or state environmental ordinance, statute, law, rule or regulation. The provisions of
this subsection shall survive the termination of this Lease.
17. DEFAULT, TERMINATION & FORFEITURE.
A. The failure by LESSEE to comply with any term, provision or condition of this Lease
shall constitute grounds for termination of this Lease. This Lease and tenancy shall
terminate on written notice by LESSOR to LESSEE stating accurately the manner in
which LESSEE fails or has failed to comply with this Lease. LESSEE shall comply with
this Lease in the manner specified in the notice within thirty (30) days from LESSEE's
receipt of such notice, otherwise this Lease and tenancy shall be terminated. Such
notice shall be given in writing and served on LESSEE by personal delivery or mailed by
certified mail with return receipt requested addressed to LESSEE at its address stated
below or such other address as the parties may advise each other in writing. It is further
agreed that after receipt of notices and as an additional condition to avoid forfeiture,
LESSEE shall pay LESSOR's costs and expenses, including attorney's fees, for the
preparation and service of such notice. Notices shall be deemed received three (3) days
after mailing to LESSEE at the address below or such other address as the parties may
advise each other in writing.
B. Either party may terminate this Lease, with or without cause, upon 45 calendar days
written notice.
C. Upon termination of this Lease for any reason, LESSEE shall immediately surrender
the premises to the LESSOR in good condition and repair, ordinary wear and usage
excepted; and LESSEE shall remove all of LESSEE'S personal property, trade fixtures,
equipment or improvements removable by prior agreement with LESSOR from the
premises and shall repair any damage to the premises caused by such removal. Any
personal property of LESSEE, or anyone claiming under LESSEE, which shall remain
upon the premises at the expiration or termination of this Lease shall be deemed to have
0
been abandoned and may be retained by LESSOR as LESSOR'S property or disposed
of by LESSOR in such manner as LESSOR sees fit without compensation to any party.
Further, LESSEE shall remove all residents from the encampment as of the effective
date of termination of the Lease, either through default or at the end of this Lease's term.
18. NON - DISCRIMINATION CLAUSE. To the extent required by law, LESSEE, for itself, its
personal representative, successors in interest and assigns, as a part of the
consideration hereof, does hereby covenant and agree as follows:
A. No person, on the grounds of race, color, religion, sex, age, marital status, handicap
or national origin, shall be unreasonably excluded from participation in, denied the
benefits of, or be otherwise subjected to discrimination in LESSEE's personnel policies
and practices or in the use or operation of LESSEE's services or facilities.
B. LESSEE agrees that in the construction of any improvements on, over or under the
leased premises and the furnishing of services thereon, no person, on the grounds of
race, color, religion, sex, marital status, handicap, age or national origin, shall be
unreasonably excluded from participation in, denied the benefits of, or otherwise be
subjected to discrimination.
19. INTEGRATION AND SUPERSESSION. This document embodies the entire Lease
between the parties with respect to the subject matter herein contained and supersedes
any and all prior negotiations, discussions, agreements, and understandings between
the parties as to the subject matter hereof, which are hereby declared terminated and of
no further force and effect. No amendments or modifications hereof shall be enforceable
unless in writing, signed by the party to be charged.
20. SEVERABILITY. If a court of competent jurisdiction holds any part, term or provision of
this Lease to be illegal, or invalid in whole or in part, the validity of the remaining
provisions shall not be affected, and the parties' rights and obligations shall be construed
and enforced as if the Lease did not contain the particular provision held to be invalid. If
any provision of this Lease is in direct conflict with any statutory provision of the State of
Washington, that provision which may conflict shall be deemed inoperative and null and
void insofar as it may conflict, and shall be deemed modified to conform to such
statutory provision.
21. NON - WAIVER. The waiver by LESSOR or LESSEE of the breach of any provision of
this Lease by the other party shall not operate or be construed as a waiver of any
subsequent breach by either party or prevent either party thereafter enforcing any such
provision.
22. NOTICES. Notices shall be sent by registered or certified mail, postage prepaid or hand
delivered. Such notices shall be deemed effective when mailed or hand delivered at the
addresses specified below.
Time is of the essence of this entire Lease.
5
CITY OF YAKIMA
LIZZ
Jeff Cutter, Interim City Manager , Executive Director
Date:
ATTEST:
Z
Sonya Claar Tee, City Clerk
City Resolution No.
City Contract No.
9
Date:
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L6 PLANTING
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REVISIONS JH Feb 2015 IJL::
APPROV51) FOR CONSTRUCTION
DESIGNED BY DAIE OF
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ENGINEERING MANAGER DATE
DRAWN BY DATE
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Fab 2016
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CHECKED BY
DATE
PROJECT MA14AGER
DATE
APPROVED BY
DATE
PROJECT ENGINEER
DATE
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MIN 15' OFFSET
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LIMITS or PLANTING EQUALS
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SEE CIVIL DWGS
LOCHNER
1. SEE SHEET L4 FOR PLANTING
SCHEDULE, PLANTING NOTES,
LEGEND AND ABBREVIATIONS.
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PLANT MATERAL SHOWN NOT IN CONTRACT. PLANTING
ii Ir
A�EA TO/RECEIVE 3" DEPTH ROCK MULCH ON TOP OF
'WEED HA JER FABRIC ONLY. NO SOIL PREPARATION IS
916. EXCEPT FOR STORM DRAINAGE SWALE AREAS.
OOR SOIL PREPARATION REQUIREMENTS WITHIN STORM
IbRm",GE �SWALE AREAS, SEE CIVIL DRAINAGE DRAWINGS.
PLA141t. MA4ERIAL S14OWN NOT IN CONTRACT. PLANTING
ARJEA TO R19CEIVE SEEDING, FERTILIZER AND MULCHING
ONLY, NO SOIL PREPARATION REQUIRED.
(�),�ALL OTHER '�LANTING AREAS SHALL BE INSTALLED AS
SHOWN ON PLANS.
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SCALE 1— 20'
LANDSCAPE ARCHITECTURE
CITY OF YAKIMA DRAWING NUMBER
CASCADE MILL PARKWAY
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CASCADE MILL PARKWAY
PLANTING PLAN SHT-L6— c" 75