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HomeMy WebLinkAboutR-2007-006 Emergency Cold Weather SheltersRESOLUTION NO. R-2007-06 A RESOLUTION of the City of Yakima, Washington, authorizing and directing the City of Yakima Department of Community and Economic Development to identify and implement a policy regarding temporary emergency cold weather shelters in the City of Yakima, and providing that such policy shall be valid only during January, February and March, 2007. WHEREAS, the City of Yakima, in conjunction with the Yakima County Homeless Network, is aware that there is within the City of Yakima a population of homeless persons who may require temporary emergency shelter from cold weather; and WHEREAS, owners of various buildings, including churches, located within the City of Yakima have indicated that they are willing and able to provide temporary emergency shelter; and WHEREAS, the City of Yakima currently has no municipal code provisions, whether under the zoning, buildings, fire, or other codes, expressly allowing, authorizing, or regulating the use of such structures as temporary emergency shelters; and WHEREAS, the City of Yakima Department of Community and Economic Development has endeavored to create interim policy guidelines to address and regulate temporary emergency shelters; and WHEREAS, the Yakima City Council finds and determines that it is in the public interest to adopt the resolution set forth herein; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Yakima, Washington: The City of Yakima Department of Community and Economic Development is hereby authorized and directed to implement the proposed policy statement and application materials attached hereto as Exhibits A and B, which exhibits are hereby incorporated by this reference as if fully set forth herein This resolution shall be effective after its adoption and for a period expiring on the last day of February, 2007. ADOPTED at a regular meeting of the C • , ncil of th - City of Yakima, Washington, this 16th day of January, 2007. City Clerk 1 David Er er, Mayor EXHIBIT A Temporary Emergency Cold Weather Temporary Administrative Policy Definition Temporary Emergency Shelter: Provides for January and February, during cold weather and temporarily is certified as a participant in the Yakima County Homeless Network's emergency shelter program. Application Process Location: Name of Location: Owner or owner's representative shall submit and self certify the following: ❑ Sleeping areas to be located on ground floor, or on other floors with approved exiting. ❑ At a minimum, smoke detectors shall be located in sleeping areas and on all other floors within the building. CI Proof of approval/acknowledgement of fire insurance underwriter, or national ownership organization if self-insured. LINO cooking. ❑ On-site adult staff at a ratio of one staff member per eight overnight guests. On -duty staff shall remain awake/alert. ❑Floor plan showing dimensions with exits and door swing. ❑ Letter from Yakima Homeless Network indicating that the applicant is a certified participant in the Network's emergency shelter program. ❑ The location any facility would be restricted to commercial areas. Applicant Signature Date Shelter Contact (please print) Phone Number t Permanent shelters with approved fire safety equipment and exits are not subject to the requirements of the emergency cold weather temporary administrative policy. 2 FEMA and Red Cross shelters occupied during a declared City/County/State emergency are not subject to the requirements of the emergency cold weather temporary administrative policy. 3 The above temporary administrative policy is to remain in place until approved, canceled or modified by Yakima City Council. Council review of the policy is scheduled for January 9, 2007. EXHIBIT B City of Yakima Emergency Cold Weather Temporary Administrative Policy Definition Emergency shelter: Provides for not more than 30 days (nights) at a cold weather shelter per year. Application Process Owner or owner's representative shall submit or certify the following: 1. Sleeping areas to be located on ground floor, or on other floors with approved exiting. 2. At a minimum, smoke detectors shall be located in sleeping areas and on all other floors within the building. 3. Proof of approval/acknowledgement of fire insurance underwriter, or national ownership organization if self-insured. 4. No cooking. 5. On-site adult staff at a ratio of one staff member per eight overnight guests. On -duty staff shall remain awake/alert. 6. Floor plan showing exits and door swings. 7. Letter from Homeless Network indicating that the applicant is a certified participant in the Network's emergency shelter program. Note 1. Permanent shelters with approved fire safety equipment and exits are not subject to the requirements of the emergency cold weather temporary administrative policy. 2. FEMA and Red Cross shelters occupied during a declared City / County / State emergency are not subject to the requirements of the emergency cold weather temporary administrative policy. 3. City of Yakima recommends adoption of a similar emergency shelter policy throughout Yakima County. 4. The above temporary administrative policy is to remain in place until approved, canceled or modified by Yakima City Council. Council review of the policy is scheduled for January 9, 2007. San Jose Department of Housing - Homeless Services - City Polilcies rr Flees Services About San Jose Page 1 of 2 eels CITY OF New (Amu 0E SIL et Cath Pian Homeless Services : City Policies City Policies Emergency Housing Shelters operating within the City of San Jose must follow these criteria: 1. Shelter services must be provided with dignity, care, and concern for the individuals involved. 2. The Shelter should be operated by a non-profit corporation with a bona fide professional staff and an independent Board of Directors. 3. The buildings used to shelter the homeless should comply with City, County and State Building, Fire and Health Codes, and must be maintained in a safe and sanitary condition at all times, unless exemptions have been obtained from the appropriate agencies. 4. In all Shelters, there should be adequate separation of families and singles, and adequate separation of single women. 5. It is preferable that Shelter space be made available to individuals and families by a phone reservation process. However, when this is impossible because of special circumstances, the waiting lines should be made inconspicuous and should be on the property whenever possible. 6. No drugs, no alcohol, and no weapons will be allowed on Shelter property at any time. (If guests have a legal weapon, it should be checked in with Shelter staff.) 7. No disorderly conduct will be tolerated. No threatening and no abusive language will be tolerated. No excessive noise will be tolerated, e.g. loud radios etc. 8. Smoking will be restricted to designated areas. 9. All guests should maintain their own area in an orderly condition and should be assigned some other responsibilities or tasks at the Shelter. 10. There should be definitive arrival, check-in/check-out times, and restrictions on staying in the area of the Shelter. 11. Supportive services relating to the homeless condition of the guests should be provided directly or indirectly, e.g.: job counseling, tenant education, help to obtain permanent housing, help to provide for school attendance of children, etc. 12. There should be at least one paid staff person on-site at all times when guests are there. Paid staff may be supplemented by the use of volunteers. http://www2.sjhousing.org/homeless/citypo.html 1/11/2007 CITY (1f' SAN LOSE CAl'r1AL OF SILICON VALLEY CITY OF SAN JOSE Planning, Building and Code Enforcement 200 East Santa Clara Street San Jose, CA 95113-1905 tel (408) 535-3555 fax (408) 292-6055 Website: www.sanjoseca.gov/planning ADDITIONAL INSTRUCTIONS FOR TEMPORARY OVERNIGHT SHELTERS IN CHURCHES SPECIAL USE PERMIT A Special Use Permit is required to provide temporary overnight shelter to homeless persons in any legal church If you have either an existing Conditional Use Permit or Planned Development Permit, you must apply to amend your existing permit. You should understand and follow the instructions on the following pages if you are proposing to provide temporary overnight shelter 1 Duration of Use. Church facilities may be used as temporary shelter once for a maximum of 35 days in any calendar year. Church facilities may provide temporary overnight shelter to no more than 15 per- sons in one 24 hour period. 2. Limitations on Existing Buildings. All persons receiving temporary shelter shall sleep and eat within church buildings No person shall eat or be housed in tents, lean-tos or other temporary facilities. No church building or structure shall be erected, enlarged or modified for temporary shelter without an approved Development Permit as required by the Zoning Ordi- nance. 3. Conformance With Local and State Laws. A church providing temporary overnight shelter to homeless persons must be operated in conformance with all local and State laws. The City will conduct safety inspec- tions to ensure that. a. The number of persons sheltered in a church facility does not exceed the maximum square footage and occupancy standards contained in Title 17 of the Municipal Code, and, b. The church facility has adequate egress and fire detection systems for life safety 4. Completed Application Forms. A separate applica- tion shall be filed for each site Each application must be signed by one of the following (1) all owners of the real property included in the site, (2) a person having lawful power of attorney therefore, or (3) church pastor 5 Assessor's Parcel Number (APN). The APN is required on the application form The APN may be obtained from either (1) the property tax bill, or (2) the County Assessors Office at (408) 299-5500 6. Description of Subject Property. A legal description is required which encompasses the site. It may consist of either (1) lot and tract numbers with a copy of the recorded tract map, or (2) a metes and bounds de- scription prepared by a qualified professional The legal description may be obtained with either an address or APN from the County Recorder, 70 W. Hedding St., East Wing, San Jose, CA 95110. 7. Noticing the Neighborhood. Refer to the Public Outreach Policy for a full description of the City's public notification procedures. Public Hearing notices will be mailed for development proposals at least 10 calendar days before the date set for hearing for a project. Notices will be sent to all property owners and resi- dents within 300 feet for Very Small projects, 500 feet for Standard Development Proposals and a minimum of 1,000 feet for large or controversial projects as detailed in the Public Outreach Policy. 8. Environmental Review. A completed application is required for the appropriate environmental review 9. Site Plan. An aerial photograph is required if you are applying for a Special Use Permit to provide temporary overnight shelter to homeless persons in an existing building involving no new construction or additional square footage as follows• PLEASE CALL THE APPOINTMENT DESK AT (408) 535-3555 FOR AN APPLICATION APPOINTMENT. Temporary Overnight Shelters in Churches.om65 Rev. 9/19/2005 Page 2 ADDITIONAL INSTRUCTIONS FOR TEMPORARY OVERNIGHT SHELTER Nine copies of a 200 -scale aerial photograph, 8 1/2" x 11", showing the site in the center of the photograph and the following information a. Label the aerial photograph "Site Plan." b. Clearly outline and identify the site. c. Clearly outline the building where shelter activities will occur. d. Clearly label the building where shelter activities will occur as "Temporary Overnight Shelter." e. Name each surrounding street. f. Indicate north arrow and scale of the aerial photo- graph. For information on purchasing an aerial photograph, please call the Department of Public Works at (408) 277-5297. 11 Photographs. Photographs are required of (1) the building where shelter activities will occur, and (2) the views from the building to the closest property lines. Label the photographs to indicate what is being viewed Polaroid photographs are acceptable. 12. Fees. Application fees are required for the for Special Use Permit and environmental review applications. Associated Public Noticing Fees are also applicable Please see the adopted fee schedule. 13. Management Plan. A Special Use Permit application for temporary overnight shelter in church facilities must contain a management plan which describes the physical and operational characteristics of the pro- posed use. PROCESSING SCHEDULE Planning Staff: • Checks the application for completeness • Logs in application, assigns a File Number, and collects application fees • Reviews application with other City departments and obtains any pertinent information. • Conducts a field inspection • Prepares a recommendation to the Director of Plan- ning. Director of Planning: • Reviews the recommendation, and approves, condi- tionally approves, or denies the requested application. • An approval, conditional approval, or denial of the Director may be appealed to the Planning Commission within ten (10) days of the decision. Planning Commission: • Will consider and act upon the appeal • If the appeal is denied, the decision of the Commission shall be final. If the appeal is granted, the decision shall be effective immediately. PLEASE CALL THE APPOINTMENT DESK AT (408) 535-3555 FOR AN APPLICATION APPOINTMENT. Temporary Overniaht Shelters in Churches.om65 Rev. 9/19/2005 INDEMNIFICATION AGREEMENT FOR DEVELOPMENT APPLICATIONS Applicant submitted an application to the City of San Jose Planning Division on , 200_ for the following development approval(s). (the "Project") For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Applicant hereby expressly agrees in connection with the processing of Applicant's Project application(s) to each and every one of the following terms and conditions: 1 Applicant agrees, as part of and in connection with each and any of the application(s), to defend, indemnify, and hold harmless the City of San Jose ("City") and its officers, contractors, consultants, attorneys, employees and agents from any and all claim(s), action(s), or proceeding(s) (collectively referred to as "proceeding") brought against City or its officers, contractors, consultants, attorneys, employees, or agents to challenge, attack, set aside, void, or annul: a. Any approvals issued in connection with any of the above described application(s) by City; and/or b Any action taken to provide related environmental clearance under the California Environmental Quality Act of 1970, as amended ("CEQA") by City's advisory agencies, boards or commissions; appeals boards or commissions; Planning Commission, or City Council. Applicant's indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by City, if any, and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by Applicant, City, and/or parties initiating or involved in such proceeding. 2. Applicant agrees to indemnify City for all of City's costs, fees, and damages incurred in enforcing the indemnification provisions of this Agreement. APPLICANT. By. (Signature) (Print) 3 Applicant agrees to defend, indemnify and hold harmless City, its officers, contractors, consultants, attorneys, employees and agents from and for all costs and fees incurred in additional investigation or study of, or for supplementing, redrafting, revising, or amending, any document (such as an environmental impact report, negative declaration, specific plan, or general plan amendment) if made necessary by said proceeding and if Applicant desires to pursue such City approvals and/or clearances, after initiation of the proceeding and that are conditioned on the approval of these documents 4. In the event that Applicant is required to defend City in connection with such proceeding, City shall have and retain the right to approve. a. The counsel to so defend City; and b All significant decisions concerning the manner in which the defense is conducted, and c. Any and all settlements, which approval shall not be unreasonably withheld. City shall also have and retain the right to not participate in the defense, except that City agrees to reasonably cooperate with Applicant in the defense of the proceeding. If City chooses to have counsel of its own defend any proceeding where Applicant has already retained counsel to defend City in such matters, the fees and expenses of the additional counsel selected by City shall be paid by City. Notwithstanding the immediately preceding sentence, if City's Attorney's Office participates in the defense, all City Attorney fees and costs shall be paid by Applicant. 5 Applicant's defense and indemnification of City set forth herein shall remain in full force and effect throughout all stages of litigation including any and all appeals of any lower court judgments rendered in the proceeding After review and consideration of all of the foregoing terms and conditions, Applicant, by its signature below, hereby agrees to be bound by and to fully and timely comply with all of the foregoing terms and conditions Its: Date. (Title, if any) (AKIN, <)F Sli.it:C).N 4ALl..f{:Y CITY OF SAN JOSE Planning, Building and Code Enforcement 200 East Santa Clara Street San Jose, CA 95113-1905 tel (408) 535-3555 fax (408) 292-6055 Website: www.sanjoseca.gov/planning SPECIAL USE PERMIT APPLICATION (TEMPORARY OVERNIGHT SHELTER) TO BE COMPLETED BY PLANNING STAFF FILE NUMBER SP COUNCIL DISTRICT QUAD # ZONING # RECEIPT AMOUNT DATE BY # PROJECT LOCATION TO BE COMPLETED BY THE APPLICANT (PLEASE PRINT OR TYPE) Pursuant to the Provisions of Part 7 of Chapter 20.100 of the San Jose Municipal Code, application is made to request a Special Use Permit for temporary overnight shelter for homeless persons. FOR THE PROPERTY LOCATED AT ASSESSOR'S PARCEL NUMBER(S) (APN) GROSS ACREAGE EXISTING USE OF PROPERTY PROPOSED USE OF PROPERTY SIGNATURE OF CHURCH PASTOR REQUIRED* The undersigned hereby declare (1) the information provided herein is true and correct, (2) the City may enter the property from time to time for purposes of inspection of the use subject to the Special Use Permit, and (3) a legal description of subject property, Exhibit A, is attached hereto and made a part thereof by reference. PRINT NAME OF CHURCH PASTOR DAYTIME TELEPHONE # ADDRESS CITY STATE ZIP CODE SIGNATURE * Xerox Copied or Facsimile Signatures will NOT be accepted. x DATE CONTACT PERSON PRINT NAME ADDRESS CITY STATE ZIP CODE DAYTIME TELEPHONE # ( ) FAX TELEPHONE # ( ) E-MAIL ADDRESS PLEASE CALL THE APPOINTMENT DESK AT (408) 535-3555 FOR AN APPLICATION APPOINTMENT. Temporary Overnight Shelters in Churches.om65 Rev. 9/19/2005 Page 1 MANAGEMENT PLAN TEMPORARY OVERNIGHT SHELTER TEMPORARY OVERNIGHT SHELTER MANAGEMENT PLAN A Special Use Permit application for temporary overnight shelter in church facilities must contain a management plan which describes the physical and operational characteris- tics of the proposed use Answers to the following ques- tions constitute such a management plan. You may attach additional sheets if necessary. Duration of Use a Will church facilities be used as temporary overnight shelter for homeless persons for a maximum of 35 days in any calendar year? ❑ YES ❑ NO b. Will church facilities provide temporary overnight shelter to homeless persons to no more than 15 persons in one 24-hour period? ❑ YES ❑ NO c What dates will the temporary overnight shelter oper- ate? FROM: TO: Client Selection d How are clients selected for the shelter program? e. What is your target group of clients? f. What is your criteria to screen clients? g Are the clients required to sign a contract prior to acceptance into the shelter program? ❑ YES ❑ NO Client Supervision h, Who will operate the shelter program? Name Phone Name Phone ( ) Name Phone ( ) Name Phone i. Who will supervise the shelter program? Name Phone ( ) Name Phone ( ) Name Phone ( ) What are the minimum qualifications for shelter supervi- sors? k. Will the clients be supervised at all times? ❑ YES ❑ NO I Who will be contacted in the event of an emergency? Name Phone ( ) Name Phone Name Phone PLEASE CALL THE APPOINTMENT DESK AT (408) 535-3555 FOR AN APPLICATION APPOINTMENT. Temporary Overnight Shelters in Churches.om65 Rev. 9/19/2005 MANAGEMENT PLAN TEMPORARY OVERNIGHT SHELTER Page 2 m. How will clients who are denied access to the shelter be escorted from the premises? ❑ Call contact listed under I. ❑ Call 911 ❑ Other n. What are the rules of conduct for clients of the shelter program and how are they enforced? o. Are the rules of the shelter program visibly posted in the shelter? ❑ YES ❑ NO Transportation p How are clients transported to and from the site? q. How many cars will be parked at the site for clients, supervisors, and volunteers during the hours of shelter operation? r How many offstreet parking spaces are available? s. Where will parking for clients, supervisors, and volun- teers be located? Shelter Operation t. What are the hours of operation of the shelter? FROM: TO: u. Where will shelter activities such as eating, sleeping, and smoking be located? Eating Sleeping Smoking: Other v. Will shelter activities be located in tents, lean-tos, or other temporary structures? ❑ YES ❑ NO Neighborhood Compatibility w What are the approximate distances in feet between the buildings housing shelter activities on the site and the property lines of adjacent residential uses? NORTH SOUTH EAST WEST (If adjacent land uses are not residential, indicate "NR") x. How will you notify the surrounding neighborhood to solicit input about the proposed shelter? PLEASE CALL THE APPOINTMENT DESK AT (408) 535-3555 FOR AN APPLICATION APPOINTMENT. Temporary Overnight Shelters in Churches.om65 Rev 9/19/2005 Yakima City Council Subcommittee Meeting Neighborhood Council Committee Wednesday, January 10, 2007 8:30 a.m. Members: Staff: Guests: Council Member Bonlender Dave Zabell Steve Hill, Yakima County Council Member Lover Bill Cook Ken Harper Council Member Johnson Bill Cobabe Doug Maples Michael Morales Tammy Regimbal Report: Cold Weather Shelter Program Bill Cook reported that an Emergency Cold Weather Temporary Administrative Policy was adopted in mid-December establishing the minimum requirements for temporary cold weather shelters and assuring that internal guidelines were in place until the policy could receive full Council review. A public meeting is scheduled for January 16, 2007. Two churches have applied for and received temporary cold weather shelter status under the administrative policy: First Baptist Church, located at 515 E. Yakima Avenue and Vineyard Christian Fellowship Church, located at 221 East Martin Luther King Boulevard. Both shelters have been in operation since mid-December. To date, twenty-six individuals have received shelter on one or more nights at the two locations. Following the public meeting on January 16, Council will adopt, modify or cancel the policy. The committee's discussion included average winter temperature information, the number of days the shelter could be used, the possibility of a "temperature trigger," the definition of an emergency, and various facility related issues. The committee recommended adoption of a Cold Weather Shelter Program policy with the following changes/conditions: 1) Change all "Homeless Network" references in City documents to "Homeless Network of Yakima County. 2) Adopt a resolution that authorizes staff to utilize this policy for the months of January and February 2007 only, until review/update is completed as noted below. 3) Schedule a Council Neighborhood Development Committee meeting to review/update this policy prior to the 2007/2008 winter season. 4) Limit approval of temporary shelters to commercial areas within the City until further study and Council review prior to the 2007/2008 winter season. Ron Bonlender, Chair /_e// Date Date BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6 For Meeting Of: January 16, 200a . ITEM TITLE: Public meeting before the City Council to consider adoption of the Emergency Cold Weather Shelter Program SUBMITTED BY: William Cook, Director of Community and Economic Development CONTACT PERSON/TELEPHONE: William Cook, 575-6113 SUMMARY EXPLANATION: The Department of Community and Economic Development administratively adopted a temporary policy for cold weather emergency shelters on December 20, 2006. The temporary administrative policy and application documents are attached. As a comparison, we have attached the guidelines for a similar temporary shelter program for the City of San Jose, California. To date we have received and approved applications for two emergency shelters: First Baptist Church on Yakima Avenue and Vineyard Christian Fellowship Church on Martin Luther King Boulevard. Temporary Shelters The proposed Emergency Cold Weather Shelter Program would establish the minimum requirements for cold weather emergency shelters only. Requirements set out in the policy focus on the temporary, volunteer -managed characteristics of these shelters. Continued on page 2. Resolution X Ordinance Other (Specify) Contract Mail to (name and address): Phone: Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt Resolution BOARD/COMMISSION RECOMMENDATION: Adopt Resolutions with conditions The resolution"to include the month of March 2007, was adopted. RESOLUTION NO. R-2007-06 COUNCIL ACTION: Page 2 Staff recommends Council hold a public meeting to hear comments on the proposed program. Currently two churches have been approved under the temporary administrative policy. Both are located in the CBD (Central Business District) downtown area. However, state law allows churches to be located by right within any zoning district within the City. Temporary emergency shelters may not, however be compatible in residential districts. The Council Neighborhood Development Committee met on January 10, 2007, and recommended adoption of a Cold Weather Emergency Shelter Resolution with the following changes/conditions: 1) Change all "Homeless Network" references in City documents to "Homeless Network of Yakima County." 2) Adopt a Resolution that authorizes staff to utilize this policy for the months of January and February 2007 only. 3) Schedule a Council Neighborhood Development Committee meeting to review/update this policy prior to the 2007/2008 winter season. 4) Limit approval of temporary shelters to commercial areas within the City until further study and Council review prior to the 2007/2008 winter season.