HomeMy WebLinkAbout05/31/2018 02 2018 Camp Hope Improvements UpdateBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
1
Item No. 2.
For Meeting of: May 31, 2018
ITEM TITLE: Update on 1) Utilities to Homeless Encampment, 2) Zoning,
Comprehensive Plan and RFP process and 3) Proposed
amendments to lease
SUBMITTED BY: Sara Watkins, Senior Assistant City Attorney
Scott Schafer, Public Works Director
Joan Davenport, Community Development Director
SUMMARY EXPLANATION:
The purpose of this Council Special meeting is to provide an update on issues related to summer
2018 Camp Hope improvements. Three related items will be presented today, although no action
is necessary at this time. If directed, certain items will be brought to the Council at a regular
business meeting.
1. Utilities to Homeless Encampment: During the summer of 2017, the encampment on city -
owned land adjacent to the Wastewater plant did not have any public utilities. Without potable
water or sanitation facilities, conditions at the encampment were not ideal. The current plan is for
an extension of public water and public sewer lines to the encampment site, with future
continuation to the long term site, which will be discussed in Item #2 of this agenda. Funding for
the utility extension is projected to come from YVCOG Filing Fee revenue.
2. The current location for the homeless encampment has been identified in long range plans, as
the most feasible site for future wastewater treatment plant expansion. Therefore, it is desirable to
shift the encampment from this location to a place that has long term potential for a permanent
facility for a homeless shelter. A site nearby on city owned property has been identified that has
more long term viability for a permanent low barrier homeless shelter. Council authorized the City
to start the rezone process on a nearby parcel of land for a mission type use. A memo has been
prepared to explain the process and timeline of land use review for this alternate site.
3. Transform Yakima Together (TYT) requested on April 28, 2018 some modifications to the land
lease. On May 15, 2018, the council approved basic modification to the lease. For review today is
TYT's requested modification on the timeline of occupying the site. TYT asked for year round
access, but due to RCW 35.21.915, City staff has provided a timeline that includes a number of
temporary periods of vacancy. Because this would be a major modification of the lease, this must
be done by an act of City Council.
ITEM BUDGETED:
STRATEGIC PRIORITY:
APPROVED FOR
SUBMITTAL:
City Manager
STAFF RECOMMENDATION:
BOARD/COMMITTEE RECOMMENDATION:
ATTACHM ENTS:
Description Upload Date
• 1(A) Utility Extension Map East Option 5/22/2018
O 1(B) Utility Extension Map West Option 5/22/2018
O 1(C) Camp Hope Utility Extension Narrative 5;2212018
O 1(D) City ("Yakima Camp contributions 05.22.2018 5/25/2018
O 2. Memo on Rezone & RFP Proess for new facility site 5/25/2018
O 3(A) Letter from TYT Requesting Lease r.siflcations 5125/2018
3(B) Memo Regarding Temporary Nature of
5;25/2018
Encampment
O 3(C) Second Amend to Camp Hope Lease - redline 5125/2018
O R-2017 - 129, Camp Lease Summer 2017 5/25/2018
R-2018-045, 1st Amendment to Lease (Apprmed 5-15-
18)
5/25/2018
2
Type
Backup Material
Backup Material
Backup Material
Backup Material
Backup Material
Backup Material
Backup Material
Backup Material
Backup Material
Backup Material
CityMap
May 18, 2018
WATER
SEWER
1:4,514
0 0.0375 0.075 0.15 mi
1 r , ' ,1 ' 1
0 0.05 0. 1 0.2 km
Yakima GIS
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus
City of Yakima,
Washington City of Yakima,
Washington - 2017
CityMap
May 18, 2018
WATER
SEWER
1:4,514
0 0.0375 0.075 0.15 mi
1 r , ' ,1 ' 1
0 0.05 0. 1 0.2 km
Yakima GIS
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus
City of Yakima,
Washington City of Yakima,
Washington - 2017
5
Camp Hope Utilities
Temporary Connection
Water (Map1)
1 -inch water meter to supply about 50 GPM will be required to serve this site
City to install temporary 1 -inch water meter
• City to install water main to site - approximately $10,000
Water infrastructure within Camp Hope required by licensed contractor
Wastewater
• Approval from Yakima County Health Department for Camp Hope to install and
maintain a holding tank(s) to capture wastewater onsite.
Camp Hope to have holding tank(s) pumped out as needed by a licensed septic
hauler.
Wastewater to be disposed properly by licensed septic hauler. If disposed at the
City's Wastewater Treatment Plant, cost would be $0.4459/gallon.
Long -Term Connection
Water (Map1)
1 -inch water meter to supply about 50 GPM will be required to serve this site
• City to install 1 -inch water meter: $1,670
• Water Connection Charges: $2,685
• Contractor to install water main to site: $10,000 (approx)
• Licensed plumber to make water connection TBD
• Plumbing permit required TBD
Easement for Camp Hope water side -serve required TBD
Costs do not include water infrastructure needed within Camp Hope.
Wastewater (Two options)
1. Gravity Sewer (Map2):
Wastewater Connection Charge: $3,969
• Contractor to install sewer main to site: $16,000 (approx)
• Licensed plumber to make sewer connection TBD
• Plumbing permit required TBD
• Easement for Camp Hope side -sewer required TBD
• Street Break Permit TBD
Street Repair TBD
Costs do not include sewer infrastructure needed within Camp Hope.
6
2. Pressurized Sewer (Map3):
• Wastewater Connection Charge: $3,969
• Tank/grinder pump: $20,000 (approx)
Contractor to install force main pipe to site: $8,000 (approx)
Licensed plumber to make sewer connection TBD
Plumbing permit required TBD
• Easement for Camp Hope force main required TBD
Costs do not include sewer infrastructure needed within Camp Hope.
TBD — To be determined
Camp Hope Water
L_.
July 25, 2017
Street Labels 4000
1 Red: Layer_1
1 Green: Layer_2
•
r
Blue: Layer_3 • Blue: Layer_3
Red: Layer_1
Green: Layer_2
0
0
Sources: Esri, HEI
USGS, FAO, NPS, I
Camp Hope Sewer — Gravity (Map 2)
Camp Hope Sewer — Pressure (Map 3)
City of Yakima
Date
Staff Name
Description/ Task Assignment
Hrs
Amount/Cost
3/31/2017
Rosalinda Ibarra
Staff time to create temporary encampent information and service providers postcard (rate of pay
$29.60/hr)
1.00
$29.60
2017
June Wentz
Staff time and printing costs and material for approx. 600 postcards (rate of pay $21.43/hr and
$0.0983/postcard) - Printing dates include 3/31/17, 11/16/17, 12/20/17
1.50
$91.13
2017-2018
Cliff Moore
City Manager (rate of pay $83.69/hr)
88.00
$7,364.72
3/1/2017
WWTP
Assist with preparation of first Camp Hope lease and subsequent amended lease (rate of pay
$50.27/hr)
2.00
$100.54
3/1/2017
WWTP
Outline Sewer Utility Service Options/Costs
2.00
$100.54
3/1/2017
WWTP
Measure and stake existing Camp Hope
1.00
$50.27
3/2017 - 3/2018
WWTP
Fence expenses (L&S Fencing) from WW Division Funds: PO#17-1239 / Invoice#3950; PO#17-2627
/ Invoice#46; PO#17-4217 / Invoice#169; Invoice#295; PO#18-2167 /Invoice#448
$8,407.15
2017-2020
City of Yakima
45.5 months of lease agreement (March 2017 thru Dec 2020) @$1,742.40/month for 2 acre property.
Calculation of $0.02/sqft is based on a current comparable lease for property on Keys Rd.
$79,279.20
2017-2018
Joe Caruso
Code Administration Manager (rate of pay $44.68)
52.00
$2,323.36
2017-2018
Sara Watkins
Senior Assitanct City Attorney II (rate of pay $59.87)
Meeting preparations, drafting lease/amendments, TYT Appeal to HE prep and hearing, approx. 12
City Council meetings
111.00
$6,645.57
2017-2018
Joan Davenport
Community Development Director (rate of pay $62.87)
Attend meetings and lease preparation
20.00
$1,257.40
2017-2018
Rosalinda Ibarra
Community Development Administrative Asst (rate of pay $29.60)
6.00
$177.60
2017-2018
Joseph Calhoun
Planning Manager (rate of pay $38.60)
Attend meetings and lease preparation
23.00
$887.80
3/1/2017 - 6/30/2017
Traffic Division
City efforts in setting up Camp Hope include: equipment, inventory, and personnel costs
131.50
$13,682.70
2017
Streets Division
City efforts in setting up Camp Hope include: equipment, inventory, and personnel costs
56.00
$3,712.20
As of 5/22/2018
495.00
$124,109.78
Camp Hope Related Expenses
Page 1 of 1
PRIVILEGED AND CONFIDENTIAL COVERED BYTHEATTORNEY-CLIENTAND ATTORNEY
WORKPRODUCT PRIVILEGES
MEMORANDUM
TO: Cliff Moore, City Manager
Jeff Cutter, City Attorney
FROM: Joseph Calhoun, Planning Manager
Sara Watkins, Senior Assistant City Attorney
DATE: March 27, 2018
SUBJ: Land Use Matters concerning homeless shelter
Dear Cliff,
This memo responds to your request for information regarding the timeline to
prepare the parcel of property east of the Kmart building, and owned by the City,
for use as a homeless shelter.
1. The timeline to change the zoning of the parcel from Suburban
Residential (SR) to General Commercial (GC)
The property is currently zoned SR, which allows for campgrounds (for
recreational purposes) but not for a mission. As was previously discussed,
regardless of the type of buildings or structures, the permanent use of the
property as a low -barrier homeless shelter will fall under the definition of a
Mission. Missions are only allowed in three zoning districts—General
Commercial, Central Business District, and M-1 industrial. Since the Kmart
property adjacent to the site is zoned GC it makes the most sense to rezone the
parcel GC. Below is a timeline of the process;
Comp Plan Amendment and Rezone Process – 2018
April 30, 2018 – Last day to submit applications
May 2018 – Review applications for completeness and send Notice of
Application and SEPA
June 2018 – Issue SEPA Determinations
June and July 2018 – Depending on how many applications are received,
multiple Planning Commission study sessions may be needed to adequately
review all proposals – send notice of Public Hearing
July or August 2018 – Planning Commission public hearing(s) for applications
1
11
September or October 2018 — City Council public hearing(s) to consider
Planning Commission recommendations
October or November 2018 — City Council's decision is codified and effective
30 days after approval
12
As you know, state law only allows cities to update the comprehensive plane one
time each year. Staff cannot process an application to amend the
comprehensive plan outside of the timeline set forth above. The effective date of
the comprehensive plan amendment is the same for all of the applications
received during the open period.
2. Post -amendment procedure.
After the amendment is finalized the city will have to determine how it wants to
use or make available the property. Since it is City -owned, the City can dictate
its use (within the zoning code requirements). It was discussed to make the
property available for a homeless shelter, tiny homes and/or an encampment for
a permanent shelter location.
An RFP/RFQ will need to go out with a description of the type of shelter
operation the City will allow on the property. The RFP/RFQ should be
formulated to be specific about the expectations, and should include a draft
lease agreement so that entities wishing to bid understand the terms and
conditions of the lease. This process will likely take another 60 days after the
rezone is completed. As such, an approximate date on which such a lease could
be awarded through this process would be January or February of 2019.
It should be noted that a campground is not an allowed use in the GC zone.
However, a bidder could submit a master planned development application as its
response to the RFP/RFQ if the bidder intends to include a campground in the
ultimate plan for the property.
Because there is no building on the property, it may be difficult to find an entity
willing to put the resources into the property to construct a permanent building
and connect it to services. However, a tiny home village may be more feasible
for an entity in that although the group will invest in connection to water and
sewer, there will be lower construction costs associated with the tiny homes and
structure for services and gatherings. In most cases, any bidder will want a long-
term lease (10 or more years) to encourage someone to make the investment in
the property that will be necessary for a functioning, safe and effective homeless
shelter, as well as for consistency, stability to obtain other grants and fundraise,
and to ensure that any improvements made to the property will be used for the
homeless for many years.
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YAKIMA TOG ETH E R
April 26, 2018
To: Joan Davenport, Department of Community Development Director
Cliff Moore, Yakima City Manager
Joseph Calhoun, Planning Division Manager
Sara Watkins, Yakima Assistant Senior Attorney
RE: Amending Lease with Transform Yakima for Property Adjacent to City Waste Treatment
Plant for Future Use for Camp Hope.
Dear Joan, Cliff, Joseph and Sarah
Pursuant to our recent letters and conversations regarding the Englewood shelter location and
the future of Camp Hope, we, along with City and YVCOG officials agree that there is a critical
need for a low -barrier homeless shelter/encampment and would, therefore, like to continue
the conversation.
Although there are many worthwhile projects working on housing solutions for the homeless
such as the Justice Housing project, the armory conversion by YHA, and Roy's Market, the
priority of a low -barrier homeless shelter in Yakima is reflected in and affirmed by the YVCOG 5 -
Year Plan for dealing with homelessness.
As you know, we have been pursuing a permanent site for a low -barrier homeless shelter for
over a year and, unfortunately, have little to show for it except the service provided and the
benefits thereof during that time. Sadly, there remains the task of locating and establishing a
permanent solution for this project. And, per our letter of April 13, we are not in a place to
continue that work alone without substantial support from the community and funding
agencies.
With the deadline of June 30 approaching all too quickly, it is imperative that we all work
together to find a solution. Based on recent conversations with City staff and the YVCOG
Executive meeting of 4/21/2018, I believe there is enough consensus for us to move forward
and, therefore, present the following plan and requests.
Future of Camp Hope as a Strategic Component to Solving Homelessness in Yakima
As we have discussed and previously recommended, we propose creating a permanent site at
the property adjacent to the old Kmart (now U -Haul). It is obvious that the work needed to be
done for a comprehensive plan and the development of the property is something that will take
PO Box 363, Yakima, WA, 98907 (office) 509-426-2929
www.transformyakima.com (fax) 509-426-2911
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YAKIMA TOG ETH E R
some time. Therefore, it should be approached in phases while the planning, funding, and
infrastructure development is being done.
A phased approach
Phase 1
We need a location to operate a low -barrier shelter / managed encampment while the long-
term plan and logistics are being worked out by all the parties involved, estimated to take two
years. Therefore, we would propose that we move forward with the property adjacent to the
waste treatment plant (same location as last year) as a temporary (2 year) location as follows:
Description: A more durable metal framed canvas 'wall tent' version of the original Camp Hope
as a low -barrier shelter / managed encampment along with common restroom and kitchen
facilities. In addition, a separated row of tiny homes would be added to provide needed
housing for families. (See Camp diagram. We are still working on final plans for restrooms and
office space so the plan may be subject to revision.)
Phase 2
A long-term shelter facility (campus) would be developed on the open land East of the U -Haul
facility with and by the cooperation of all stakeholders over the next two years.
Needed to complete:
To accomplish the above, we would ask the City to take the lead on providing a permanent
location for the shelter through the zoning and planning process — comp plan review and
amendments, along with City Council approval for the plan. In addition, TYT respectfully
requests that the City do the following:
1. Amend the current lease with TYT to accommodate the required greater
capacity and diversity of residents (including families within a prescribed
protected area), longer term and winter use, as well as the allowance for a second
driveway, parking area, utility metering, and increased space as needed for the
expanded capacity.
2. Provide or work with other agencies to provide utilities for the camp, including,
water & sewer and expanded electrical capacity. Current City estimates are
approximately $100,000 to run water and drainage to the site. This includes
estimated labor, material, easement and connection fees. There are no current
estimates for developed electrical capacity. It is our belief after Monday's meeting
PO Box 363, Yakima, WA, 98907 (office) 509-426-2929
www.transformyakima.com (fax) 509-426-2911
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YAKIMA TOG ETH E R
with the YVCOG Executive Board that there are resources available to accomplish
this.
3. Waive all fees for permits etc., as allowed by RCW 35:8c.
Although the uncertainty of our location kept us from being able to apply for the recent RFP
opportunity with YVCOG, we believe that the funding for the ongoing operations of Camp Hope
can still be obtained through YVCOG, if we are able to come up with a plan that is agreeable to
all parties.
We believe we have the opportunity to settle this issue and develop a permanent solution and
location. We hope the City can see its way clear to work with us on this plan. TYT continues to
stand ready to serve. However, homelessness is a community problem, therefore, it must
proceed on the basis that we are working as a partner with the City and not seen as (or treated)
as a third party.
To that end, we offer this proposal for what the future of the Camp Hope location could look
like and accomplish. (However,) The impetus for pursuing a comprehensive, strategic solution
needs to come from our community leaders.
Sincerely,
Andy Ferguson, Executive Director
Transform Yakima Together/ Camp Hope
cc. Yakima City Council
PO Box 363, Yakima, WA, 98907 (office) 509-426-2929
www.transformyakima.com (fax) 509-426-2911
PRIVILEGED AND CONFIDENTIAL COVERED BYTHEATTORNEY-CLIENTAND ATTORNEY
WORKPRODUCT PRIVILEGES
MEMORANDUM
TO: Cliff Moore, City Manager
Jeff Cutter, City Attorney
FROM: Sara Watkins, Senior Assistant City Attorney
DATE: April 18, 2018
SUBJ: TYT and YVCOG Inquiries
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Dear Cliff and Jeff,
This memo addresses a number of questions Jeff and I have discussed:
1. What is the timeframe regarding homeless services?
2. What does "temporary" mean?
3. What are the parameters, options and issues surrounding allowing for
a "temporary" camp until a permanent site can be found.
If you need additional questions answered, please do not hesitate to let me
know.
1. What is the timeframe regarding homeless services?
a. Camp Hope under the Lease
As you know, TYT has withdrawn its application to operate a full time mission at
the 1702 Englewood building. Therefore, TYT will be required to vacate that
property on or before June 30, 2018, pursuant to the amended resolution passed
by Council and the fact that the location has been operated as a temporary
homeless encampment since November 15, 2018—for a total of 7 1/2 months—
without going through zoning review, as allowed by RCW 35.21.915.
TYT has had access to the original Camp Hope location since November 15,
2017, pursuant to the 3 Year Lease Agreement approved by Council last year.
To my knowledge they have not made any improvements on the property, and
have not brought the property to the condition required to move Camp Hope
back to the camp site. The lease requires a number of things before people can
be moved to the site, including, but not limited to:
a. A final site plan generally depicting site set up (Section 14);
b. An additional access driveway being constructed (if they intend
on using the northern portion of the property)(Section 9); and
1
c. A new electric meter and billings to be in TYT's name billed
directly to TYT (Section 6).
It also requires that a parking area be paved or graveled before use to avoid
parking on grass or combustible materials (Section 16(D)). TYT also needs to
provide proof of liability insurance before the move (Section 20(B)).
TYT continues to bring up occupancy concerns. Occupancy is determined as
follows under the Lease: a site plan is provided to the City that indicates
locations of facilities, numbers of facilities and proposed occupancy. The City
then reviews the site plan and proposed occupancy and determines the
maximum occupancy based on the plan and facilities. The maximum occupancy
could be changed as the site undergoes additional improvements, with the
approval of the City. See Section 14.
b. Amendments to the Lease
TYT has indicated in meetings that it would like the Lease to be amended. First,
the Lease does not allow people under the age of 18 in the camp. TYT indicated
that it wanted to have accommodations for families, including children. Second,
the Lease contemplates an 8 month period of residency. TYT wants to be able
to house people until a permanent shelter location is determined—which could
be a year or more away (more on the legal side of that below). TYT also may
want to amend the dates if the City does not allow a year-round Lease. For
example, since TYT did not enter the property until July 1st, it may seek an
amendment to allow it to operate for 8 months from July 1st (through March
2019).
TYT was advised that it needed to go through the Lease and propose
amendments to the Council. TYT was also advised of the Council meeting dates
between now and July 1st
c. Permanent location East of Kmart building
Council has directed staff to apply for a comprehensive plan amendment and
rezone of an approximately 2.5 acre parcel directly to the east of Kmart,
presumably to be used for homeless services if an agency can do so. Here is
the basic timeline for the process:
April 30, 2018 – Last day to submit applications
May 2018 – Review applications for completeness and send Notice of
Application and SEPA
June 2018 – Issue SEPA Determinations
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June and July 2018 — Depending on how many applications are received,
multiple Planning Commission study sessions may be needed to adequately
review all proposals — send notice of Public Hearing
July or August 2018 — Planning Commission public hearing(s) for applications
September or October 2018 — City Council public hearing(s) to consider
Planning Commission recommendations
October or November 2018 — City Council's decision is codified and effective
30 days after approval
If the amendment and rezone is successful, the City could finalize the parcel
layout through a Boundary Line Adjustment and move forward with an RFP/RFQ
process for a $1 per year long term (20 year) lease of the property for homeless
services. A proposed timeline to formulate and execute the RFP/RFQ may look
like the following:
July through September 2018 — Council creates an ad hoc committee which
includes one or two councilmembers, community members (?) and staff to
evaluate and determine the RFP/RFQ proposal requirements. The requirements
will provide the guidelines for the services provided at any shelter or homeless
services operation on the property. Guidelines may include, but would not be
limited to:
1. Minimum number of beds available;
2. Type of facilities available;
3. Accommodations for families with children;
4. Security and on-site staffing;
5. Good neighbor agreement requirements; or
6. Services offered to clients.
October or November 2018 — Parallel to the rezone procedure, the Council
would evaluate and agree on the RFP/RFQ requirements and approve the
RFP/RFQ to go out, including a proposed Lease agreement to be included with
the RFP/RFQ. City staff would manage the RFP/RFQ process through
Purchasing.
November through December 2018 — The RFP/RFQ would be open to all
providers. The process needs to be fair, unbiased and transparent. The
process should be open an adequate amount of time for providers to evaluate
whether they have the capacity and funding to make a long term commitment to
the site and services.
January 2019 — The applications would be evaluated and the decision made.
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February 2019 — City staff would work with the successful applicant to finalize
the 20 year lease.
March 2019 — City Council votes on the final Lease agreement and the Lease is
executed. The successful applicant takes possession of the property and starts
the Type 2 land use application for the mission.
March 2019 through May 2019 — Type 2 review, going through the Type 3
process for the mission land use at the property. A development agreement is
drafted.
June 2019 — Application approved (assuming no appeal) and a development
agreement is entered into. The successful applicant begins improvements to the
property pursuant to the Development Agreement and Lease.
2. What does "temporary" mean in RCW 35.21.915?
RCW 35.21.915 states in full as follows:
(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.
Unfortunately, the Legislature did not define "temporary" in RCW 35.21.915,
leaving cities with no local ordinances on homeless encampments guessing and
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interpreting the meaning themselves. Courts interpret undefined terms in
statutes as follows:
When we interpret a statute, our primary objective is to ascertain and give
effect to the intent of the legislature. We begin with the statute's plain
language and ordinary meaning. Where the legislature has not defined a
term, we may look to related statutes and dictionary definitions, as well as
the statute's context, to determine the plain meaning of the term.
Buchheit v. Geiger, 192 Wn.App. 691, 696, 368 P.3d 509 (2016), citing Cornu-
Labat v. Hosp. Dist. No. 2 Grant County, 177 Wn.2d 221, 231-32, 298 P.3d 741
(2013); Dep't. of Ecology v. Campbell & Gwinn, LLC, 146 Wn.2d 1, 11, 43 P.3d 4
(2002).
The statute at issue states, in relevant part:
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.
RCW 35.21.915(1).
Although the legislature defined "religious organization" later in the statute, it did
not define what constituted a temporary encampment.
To ascertain and give effect to the legislative intent, one can review the
legislative history of the bill. Here, Engrossed Substitute House Bill 1956 ("ESHB
1956") created this statute, as well as RCW 36.01.290, which addresses
temporary homeless encampments in counties.
Interestingly, the first language provided for review did not amend Chapters
35.21 or 36.01 at all. Instead, it proposed language to be added to the
Homeless Housing Assistance Act, Chapter 43.185C RCW which would have
allowed "churches" to provide shelter or housing to the homeless. There was no
requirement that the shelter or housing be temporary in the portion outlining the
requirements, but in the findings it is mentioned that "religious institutions... offer
a temporary, stop -gap solution to the larger social problem of increasing
numbers of homeless persons" and "the legislature finds that some
municipalities are resistant to the churches playing a role in providing the
homeless with temporary shelter...". Original House Bill 1956 (first reading
February 4, 2009). The Bill was referred to the House Local Government &
Housing Committee.
The Local Government & Housing Committee moved the language being
debated to RCW 35.21, RCW 35A.21 and RCW 36.01. The language itself
remained the same—the findings section mentioned "temporary" shelter but the
section outlining the requirements did not. Substitute Bill 1956 (first reading
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February 20, 2009). However, the Engrossed Substitute Bill 1956 that came
from this committee changed the language significantly closer to the language
seen in the statute as it exists. There was no debate or explanation in the House
or Senate committee hearings as to why the word "temporary" was added to
Section 2 (which became RCW 35.21.915), but there was mention that the Bill's
sponsor, Senator Williams of Olympia, worked with the cities and counties
(through AWC and the Association of Counties) to make changes that would be
acceptable to the cities. One of those changes seems to have been to make
sure that the word "temporary" was clearly placed into the statutory language,
and not only in the findings section of the law. Other changes were also made,
but not pertaining to the "temporary" nature of encampments.
There was no mention of the idea that these encampments would be "temporary"
at either the House or Senate Committee hearings. At all of the hearings many
references were made to Camp Quixote (which ultimately turned into Quixote
Village) which rotated according to Olympia's local ordinance. Olympia's
ordinance provided that an encampment could not stay in one place for more
than 180 days. It may be implied that the legislators understood that temporary
meant something like the Olympia ordinance. The testimony referenced
Olympia's ordinance as one that worked, while other communities had made the
regulations so onerous that encampments could not operate.
Without any testimony or discussion on the meaning of "temporary" during the
legislative process, it is difficult to be sure as to the Legislature's intent. As such,
a court would likely also look towards the common definition of the words.
According to the New Illustrated Webster's Dictionary (1992), relevant definitions
are as follows:
Temporary. Lasting or intended to be used for a short time only;
transitory; of passing interest; opposed to permanent.
Transient. 1. Passing before the vision in a brief time; of short duration;
brief; hasty. 2. Not permanent; temporary; casual.
Permanent: Continuing in the same state or without essential change;
durable; fixed; stable; opposed to temporary.
Id. at pages 993, 1026, and 723, respectively.
Black's Law Dictionary (7t" ed. 1999), has relevant definitions as follows:
Temporary. Lasting for a time only; existing or continuing for a limited
(usu. short) time; transitory.
Transitory. That passes from place to place; capable of passing or being
changed from one place to another.
6
Id. at pages 1476 and 1505, respectively. Black's Law Dictionary does not have
a definition of the word "permanent."
There is surprising little case law on point—specifying or giving any insight on
what length a use might be considered "temporary" versus when a use becomes
"permanent." There is case law about specific matters, such as terms in
insurance contracts, or under the disability and worker's compensation laws
regarding permanent and temporary disability, but those cases and
determinations seem out of context to a statute dealing with the use of property.
In an insurance case that evaluated whether a Ford SUV was being used as a
"temporary" business vehicle which would fall under the business policy, the
Court stated as follows:
In an effort to bolster Plaintiffs argument, the undersigned has searched
hither and yon for what, exactly, "temporary" means in this context: six
months? three months? a week? ...[C]ourt[s] have not set the parameters
for the term "temporary." To the contrary, courts are inclined to give the
term its plain meaning. This is consistent with the well established rule
that terms in an insurance policy are to be given their plain, natural and
obvious meanings without undue interpretation by the court.
Johnson v. The Florists' Mutual Insurance Co., 2015 WL 5698533 (Not reported
in F.Supp.3d, D. C. E. D. Kentucky 2015).1
The Johnson court ultimately determined that since Ms. Johnson had used the
Ford exclusively for over a year when hauling her trailer, that the Ford was not
being used as a temporary vehicle. "[T]he vehicle involved in the accident was
the only vehicle used to pull the trailer during the entirety of 2012. There seems
to be nothing temporary about that." Id. at *5 (emphasis in the original).
Similarly, in extensive case law review, I could find nothing that clearly
determined what constituted a "temporary" use and at what point in time, or after
how many days, a "temporary" use became "permanent."
As such, a court may look at the context of the statute. The statute was passed
after tent cities were having trouble locating at churches in three specific cities—
Lacey, Bellevue and Woodinville. Those three cities had passed ordinances or
required permit fees that the churches felt were unreasonable. One city required
that the sheltering of homeless persons be indoors, precluding outdoor
encampments in the city. One City had a permit fee that was approximately
$4,000.00 for a church to host a temporary encampment—far in excess of what
a church could likely pay.
1 As an unreported case, the Johnson case cannot be used as precedent, nor should it be cited in any legal
brief, but the quote demonstrated that the word "temporary" could mean a lot of different things and
depends on the context.
7
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23
During testimony, as stated above, the city of Olympia's ordinance stood out as
one that was working for the faith based organizations and the homeless.
Olympia's ordinance, as well as others, was used as an example of how a city
could formulate reasonable regulations on encampments. Olympia's ordinance
requires that encampments only be at one location for a maximum of 180 days,
and only at a location once every 12 calendar months. Olympia Municipal Code
(OMC) 18.50.060(C)(1). In looking at what the Legislature believed to be a good
example—Olympia—one could argue that there was an intent to limit
encampments to temporary periods similar to those in Olympia -6 months in one
site at a time.
The statute also creates a hardship for neighboring property owners, which a
court may take into account when determining what "temporary" means in terms
of a homeless encampment. The Court in City of Woodinville v. Northshore
United Church of Christ, 166 Wn.2d 633, 211 P.3d 406 (2009), a case that
addressed Woodinville's moratorium on development in residential zones that
led to an encampment not being able to locate at a church, stated:
Indeed, a homeless encampment likely affects the neighbors who live
nearby far more than it impacts most parishioners who spend only hours
in church weekly while neighbors must live continuously with the
encampment. Cities may mediate these externalities reflecting concerns
for safety, noise and crime but may not outright deny consideration of
perm itting.
Id. at 644. This case was decided prior to RCW 35.21.915 being enacted into
law, but was referenced throughout the hearings.
The findings section of the act also creates some context. The findings section
states:
The legislature finds that there are many homeless persons in our state
that are in need of shelter and other services that are not being provided
by the state and local governments. The legislature also finds that in
many communities, religious organizations play an important role in
providing needed services to the homeless, including the provision of
shelter upon property owned by the religious organization. By providing
such shelter, the religious institutions in our communities perform a
valuable public service that, for many, offers a temporary, stop -gap
solution to the larger social problem of increasing numbers of homeless
persons.
This act provides guidance to cities and counties in regulating homeless
encampments within the community, but still leaves those entities with
broad discretion to protect the health and safety of its citizens. It is the
hope of this legislature that local governments and religious organizations
can work together and utilize dispute resolution processes without the
need for litigation.
8
Section 1, ESHB 1956 as passed.
24
The goal of the ordinance is to provide opportunities to religious organizations,
but still allow cities to regulate health and safety issues. It finds that
encampments are "temporary, stop -gap solutions."
Overall, there is no way to determine exactly how a court will look at the
definition of "temporary" in this context—is temporary 3 months, 6 months, 9
months, a year? A court will look at all of the factors outlined above to make its
determ ination.
To avoid a court determination, and create certainty for all organizations who
wish to operate an encampment, my suggestion is to enact local legislation that
mirrors Olympia's and outlines the time frames allowed, security measures, and
health and safety requirements for all encampments. That way, all
encampments will follow the same process, rules, and guidelines as dictated in
an ordinance. Since Olympia's ordinance was highly regarded by those
testifying in support of the bill, and has been updated since the bill passed, it
seems like a good fit.
3. What are the parameters, options and issues associated with allowing
TYT to use the current Camp Hope site until a permanent site can be
established, regardless of the length of time homeless persons are
allowed to stay at the camp?
As stated above, the statute only allows for "temporary" encampments. There is
no clear cut length of time in the statute, and Yakima has not passed local
legislation to clarify that issue. First, because the camp is located on City land,
the City Council is going to have to agree to amend the lease to allow a year-
round campground on the property. In so doing, the Council will be allowing the
homeless to stay at the Camp Hope property for whatever period of time the
Lease is amended to reflect. TYT would like to house people at the camp during
all seasons.
Of course, with amendments to the timeframe of housing persons on the site, the
City Council could provide additional amendments to ensure the public health
and safety in exchange for allowing an extended period.
The main concern regarding extending the period of residency is that if the camp
is not deemed "temporary" then the protective provisions of RCW 35.21.915 will
not be available to the City. Under RCW 35.21.915(4), the City, and its elected
and appointed officials and employees, are "immune from civil liability from (a)
damages arising from the permitting decisions for a temporary encampment for
the homeless... 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." If the camp is not considered "temporary" by the courts, then the City
would not have immunity from civil liability, damages or unlawful conduct by the
9
25
homeless persons in the camp (or the camp's employees, volunteers, etc.) if a
lawsuit were to arise based on such actions.
This increases the risk to the City dramatically from zero risk under the immunity
provisions, to risk associated with actions of people over which the City has no
control, other than the terms of the Lease. As TYT has stated in the media and
to staff, it has no excess funds. It is dependent on YVCOG money to run its
operations. If something happens at the camp, and the City does not have
immunity, the City will be sued and may be left responsible for the damages. As
such, it is important to fully evaluate whether the camp does fall under the
statutory requirements. If it does not, the City opens itself up to possible liability
for activities of homeless persons within the camp, as the City will not have
immunity as provided for in the statute.
An additional risk factor to consider when evaluating any request for allowing
overnight camping in the winter is the health and safety of the homeless. Winter
months increase the risk to the City if the City is permitting the homeless to camp
in conditions that could result in death to a homeless individual.
It should also be noted that the location of the current camp does not allow
mission use. All other land uses of the property would need to go through zoning
review, which allows for public comment, a public hearing and a hearing
examiner decision. By avoiding the zoning protocols, TYT is not engaging in a
process that can be used to mitigate possible problems, work with neighboring
land owners, and create a collaborative approach to siting facilities. As an aside,
the Olympia ordinance on homeless encampments requires a neighborhood
meeting as part of the ordinance conditions. This provides transparency and an
opportunity for neighbors to be heard and be part of the process. TYT is asking
that no process be taken, and that they be allowed to operate a homeless
encampment for a period of time in excess of a year, without affording neighbors
the same opportunity. This could create a situation where the neighbors bring
suit against the City for not following the City's zoning ordinance requirements.
In the event TYT wishes to use the property for different purposes or a different
time period than what is currently outlined in the Lease, it will have to approach
Council and make that request. Because there is currently a negotiated Lease
for the property, there is no other way to use that property without going through
a Lease amendment. This ensures that both parties agree to the change in use
and Lease terms, as both parties will execute and sign the document. The
amendment(s) will have to be approved by Council. Each amendment should be
voted on separately to allow Council members to voice concerns on them
individually and give staff the basis for drafting and amending the Lease, if that is
the Council's desire.
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26
AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF YAKIMA AND
TRANSFORM YAKIMA TOGETHER
THIS AMENDMENT TO THE LEASE AGREEMENT is made and entered into by
and between TRANSFORM YAKIMA TOGETHER, a public benefit corporation
registered with the State of Washington and a religious organization pursuant to RCW
35.21.915 ("Lessee") and THE CITY OF YAKIMA, a Washington municipal corporation
("City").
WHEREAS, on October 17, 2017, the City and Lessee entered into a "Lease
Agreement Between the City of Yakima and Transform Yakima Together", City Contract
No. 2017-178 ("Lease"), whereby the City leased unimproved land at no charge for a
period of three years in exchange for the Lessee providing services to the homeless in
Yakima, including, but not limited to, shelter in the form of an encampment; and
WHEREAS, on May 16, 2018, the City and Lessee entered into a Lease
Amendment to amend the Use section, Section 5, of the Lease providing for
accommodating additional populations; and
WHEREAS, the Lessee is requesting additional amendments to the Lease,
Section 5, to accommodate homeless persons during time periods that are different than
the original Lease, and that would allow homeless persons to use the homeless
encampment as emergency temporary shelter during winter months; and
WHEREAS, the City has started the process to amend its Comprehensive Plan
and rezone a piece of property owned by the City so that the parcel can be used for a
permanent homeless shelter for people experiencing homelessness in Yakima; and
WHEREAS, the Comprehensive Plan amendment and rezone process will take
at least until November of 2018 to complete, after which the City will have to evaluate
the use of a homeless shelter, services to be offered, and who would operate and
maintain such a shelter; and
WHEREAS, the shelter would also take time to be built at the location, putting
the reality of a permanent homeless shelter being operational into late 2019 or, more
likely, 2020; and
WHEREAS, until that time, there will likely be an ongoing need for homeless
services, including temporary emergency homeless shelter services, in Yakima, and the
homeless encampment authorized under the Lease with Transform Yakima Together
provides temporary emergency shelter services; and
WHEREAS, in the short term interim period it is necessary to have a plan for
allowing a temporary emergency shelter in Yakima, but it is anticipated that by the end of
2018 there will be a path forward towards a permanent shelter in the area; and
WHEREAS, the City is willing to amend the Lease in light of the ongoing efforts
to establish a permanent shelter in Yakima and the need for an interim measure for
temporary emergency shelter for homeless;
27
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
agreements set forth herein, it is agreed by and between the City and the Lessee as
follows:
Section 1: Section 5 of the attached and incorporated "Lease Agreement Between
the City of Yakima and Transform Yakima Together" is amended to read as follows:
5. USE.
(a) Age restrictions. Unaccompanied persons under the age of 18 are
prohibited at the homeless encampment. Persons under the age of 18 must
be accompanied by a parent or legal guardian and should be encouraged to
take advantage of services through other entities. LESSEE should put
families with children in contact with other agencies that can provide services
to families with children. If there is no other option for the family with children,
such family with children may stay at the homeless encampment if there is an
approved area for families. Approved areas must be physically separated
from the general encampment by a site screened fence and gate that is
guarded 24 hours per day by a staff person that is not a resident. Approved
areas must have their own bathroom and handwashing facilities, as well as
their own community areas for relaxing, eating and/or recreation.
(b) General Use. LESSEE agrees to use the leased premises for operating
and facilitating a temporary encampment for homeless persons. Attached as
Exhibit 2, subject to the terms outlined in this lease agreement and fully
incorporated herein, is an operations plan and summary of the services and
activities that are expected to be offered at the temporary homeless
encampment when in operation, subject to the terms outlined in this lease
agreement. No persons shall occupy the property and use it as a temporary
encampment or otherwise stay overnight, camp or otherwise occupy the
property in a temporary residential capacity during any time period other than
those outlined herein.
Temporary Emergency Shelter Period Number 1: Persons may occupy
the homeless encampment for the temporary period of July 1, 2018, through
December 1, 2018. LESSEE agrees that from December 2, 2018 through
December 15, 2018, there shall be no homeless accommodations or
services, either overnight or during the daytime at the site. The site shall only
be used for maintenance of the property by LESSEE, development or
improvement of the property by LESSEE, or storage of equipment and items
by LESSEE during this time. It is anticipated that LESSEE will use this time
period to clean, sanitize and organize the encampment.
Temporary Emergency Shelter Period Number 2: Persons may occupy
the homeless encampment for the temporary period of December 16, 2018,
through May 16, 2019. LESSEE agrees that from May 17, 2019, through
May 31, 2019, there shall be no homeless accommodations or services,
either overnight or during the daytime at the site. The site shall only be used
for maintenance of the property by LESSEE, development or improvement of
the property by LESSEE, or storage of equipment and items by LESSEE
during this time. It is anticipated that LESSEE will use this time period to
clean, sanitize and organize the encampment.
28
Lel Temporary Emergency Shelter Period Number 3: Persons may occupy
the homeless encampment for the temporary period of June 1, 2019 through
November 15, 2019. LESSEE agrees that from November 16, 2019, through
December 31, 2019, there shall be no homeless accommodations or
services, either overnight or during the daytime at the site. The site shall only
be used for maintenance of the property by LESSEE, development or
improvement of the property by LESSEE, or storage of equipment and items
by LESSEE during this time. It is anticipated that LESSEE will use this time
period to clean, sanitize and organize the encampment.
fi Temporary Emergency Shelter Period Number 4: Persons may occupy
the homeless encampment for the temporary period of January 1, 2020
through May 31, 2020. LESSEE agrees that from June 1, 2020, through June
15, 2020, there shall be no homeless accommodations or services, either
overnight or during the daytime at the site. The site shall only be used for
maintenance of the property by LESSEE, development or improvement of the
property by LESSEE, or storage of equipment and items by LESSEE during
this time. It is anticipated that LESSEE will use this time period to clean,
sanitize and organize the encampment.
Lql Temporary Emergency Shelter Period Number 5: Persons may occupy
the homeless encampment for the temporary period of June 16, 2020 through
November 15, 2020. LESSEE agrees that any further occupancy of the
temporary emergency homeless encampment shall be renegotiated as part of
any renewal process.
(h) Additional facilities onsite. LESSEE, with express written permission of
LESSOR, through its City Manager, or his or her designee, may construct on-
site facilities such as community buildings, water and sewer connections, or
other similar improvements and facilities to be used during the time the
temporary encampment is providing emergency shelter upon receiving all
necessary permits pursuant to the Yakima Municipal Code and state law.
Any such facilities may be used for storage of personal property during the
time where the homeless are not being served, but may not be used to house
people or conduct activities. Any such facilities should be winterized and
prepared for summer as appropriate.
(i) Tiny Homes. As part of the temporary homeless encampment, up to ten
(10) temporary tiny homes may be placed on the site. Said tiny homes shall
be on skids, so as to be removable. No tiny homes may be connected to
water or sewer facilities and must be "dry" units.
(1) Organized Religious Activities. No homeless services provided by
LESSEE or any of LESSEE's subcontractors shall be denied due to a
person's religious affiliation or lack thereof. LESSEE is hereby prohibited
from conducting, or allowing other organizations to enter the encampment
and conduct, prayer and other religious activities in locations and at times
where the camp's residents' only way to avoid them is to leave a common
area or the encampment. This includes any community or dining tents.
29
Section 2: Except as expressly modified herein, all other terms and conditions of the
attached Lease shall remain in full force and effect.
Section 3: Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this Amendment is declared invalid or unconstitutional for any reason, such
decision shall not affect the validity of the remaining portions of this Amendment.
CITY OF YAKIMA TRANSFORM YAKIMA TOGETHER
Cliff Moore, City Manager Andrew Ferguson, Executive Director
Date:
ATTEST:
City Clerk
STATE OF WASHINGTON )
) ss
County of Yakima )
I certify that I know or have satisfactory evidence that Andrew Ferguson, the Executive
Director of Transform Yakima Together, signed this instrument, on oath stated that they
were authorized to execute the instrument and acknowledged it to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
Date
By:
Notary Public for the State of Washington
Residing at:
Appointment Expires
STATE OF WASHINGTON )
) ss
County of Yakima )
I certify that I know or have satisfactory evidence that Cliff Moore signed this instrument,
on oath stated that they were authorized to execute the instrument and acknowledged it
as the City Manager of the City of Yakima, Washington to be the free and voluntary act
of such party for the uses and purposes mentioned in the instrument.
Date:
By:
Notary Public for the State of Washington
Residing at:
Appointment Expires
30
31
RESOLUTION NO. R-2017-129
RESOLUTION authorizing the City Manager to enter into a lease with Transform Yakima
Together to lease City owned property for a temporary homeless
encampment
WHEREAS, the City owns a large piece of property east of the wastewater treatment plant
and off of South 22nd Street, of which approximately two acres may be made available for a
temporary homeless encampment, and
WHEREAS, Transform Yakima Together is a religious organization as defined in
RCW 35 21 915 wishing to operate and manage a temporary homeless encampment; and
WHEREAS, based on the number of homeless individuals using the extreme winter
warming shelters, the day shelter operated during the winter months, and the number of
individuals who utilized the encampment during the summer of 2017 it is believed that there is a
need for immediate temporary shelter options for homeless individuals in Yakima; and
WHEREAS, Transform Yakima Together shall provide an operation plan and intends to
operate and manage the temporary homeless encampment without City support or resources,
and
WHEREAS, the City Council of the City of Yakima find that it is in the best interests of the
City to lease property to Transform Yakima Together for the purposes outlined in the lease
agreement, which is attached hereto and fully incorporated herein, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute the Lease Agreement between the City
of Yakima and Transform Yakima Together to lease City -owned property to the religious
organization for the purpose of a temporary homeless encampment. A copy of the Lease
Agreement is attached hereto and fully incorporated herein.
ADOPTED BY THE CITY COUNCIL this 17th day of October, 2017
32
LEASE AGREEMENT BETWEEN THE CITY OF YAKIMA
AND
TRANSFORM YAKIMA TOGETHER
THIS LEASE AGREEMENT (hereinafter "Lease"), is executed by and between the City of
Yakima, a Washington State municipal corporation (hereinafter "LESSOR") and Transform
Yakima Together, a public benefit corporation registered with the State of Washington 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.
1. LEASED PREMISES. LESSOR does hereby lease and let unto LESSEE and LESSEE
does hereby lease and take from LESSOR, that unimproved property described below
(hereinafter referred to as "Property" or "leased premises") and as depicted on the drawing
marked as Exhibit 1, attached hereto and by this reference made a part hereof:
All that portion of Tracts 33 and 40 of Goodwin's Five Acre Tracts, Recorded in
Volume 'A' of plats, Page 18, records of Yakima County, Washington described
as follows
Beginning at the Southwest Corner of Tract 40, as described on Record of Survey,
recorded under Auditors File No 7718968, records of Yakima County,
Washington, thence N 0°15'41" E 75 feet; thence S 89°44'19" E 10 feet, to the
point of True Beginning; thence N 0°15'41" E 345 feet; thence S 89°44'19" E 280
feet; thence S 0°15'41" W 345 feet; thence N 89°44'19" W 280 feet, plus or minus,
to the point of True Beginning.
PURSUANT to negotiations, it is understood by LESSOR that LESSEE intends to use the
Property as a temporary homeless encampment for approximately 8 months per year
pursuant to RCW 35.21 915. LESSEE acknowledges and understands that the property
has no improvements or structures, and no water or sewer services as of the date of this
Lease.
LESSEE acknowledges that it is a religious organization pursuant to the term as used in
RCW 35.21.915
2. TERM AND RENEWAL. The tenancy created by this Lease shall commence upon
signatures of both parties, and shall commence on November 16, 2017, and continue for
a period of three years until November 15, 2020, unless otherwise terminated as provided
for herein. This Lease may be renewed in one year increments for two additional one-
year terms after November 15, 2020. The last date under this Lease, if the two additional
terms are exercised, will be November 15, 2022
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33
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 temporary homeless
encampment for homeless individuals, providing a safe, more secure area for homeless
individuals to camp between approximate March 15th and November 15th each year (non -
winter months) 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.
(a) From March 15th through November 15th. LESSEE agrees to use the leased
premises for operating and facilitating a temporary encampment for homeless adults
(persons 18 years of age or older). Attached as Exhibit 2, subject to the terms outlined
in this lease agreement and fully incorporated herein, is an operations plan and
summary of the services and activities that are expected to be offered at the temporary
homeless encampment when in operation, subject to the terms outlined in this lease
agreement. No children (persons under the age of 18) shall be allowed to stay
overnight in the homeless encampment for health and safety reasons unless
specifically approved in writing by LESSOR All persons occupying the temporary
homeless encampment shall be transitioned off of the property on or before November
15th of each year. No persons shall occupy the property and use it as a temporary
encampment or otherwise stay overnight, camp or otherwise occupy the property in a
temporary residential capacity during any other time.
(b) From November 15th through March 15th (winter months). LESSEE agrees that
during the winter months, from November 15th through March 15th of each year, there
shall be no homeless accommodations or services, either overnight or during the
daytime at the site The site shall only be used for maintenance of the property by
LESSEE, development or improvement of the property by LESSEE, or storage of
equipment and items by LESSEE Further, temporary tents, portable toilets,
temporary hand -washing stations and other similar items must be taken down,
removed from the property, or stored within weather -tight buildings on the property.
No tents shall remain during the winter months.
(c) Additional facilities onsite. LESSEE, with express written permission of LESSOR,
through its City Manager, or his or her designee, may construct on-site facilities such
as community buildings, water and sewer connections, or other similar improvements
and facilities to be used during the time the temporary encampment is functioning
(March 15th through November 15th) upon receiving all necessary permits pursuant to
the Yakima Municipal Code and state law. Any such facilities may be used for storage
of personal property during the winter months, but may not be used to house people
2
34
or conduct activities. Any such facilities should be winterized, but may be accessible
to LESSEE for the purposes of accessing stored items.
(d) Tiny Homes. As part of the temporary homeless encampment, up to ten (10)
temporary tiny homes may be placed on the site Said tiny homes shall be on skids,
so as to be removable. No tiny homes may be connected to water or sewer facilities
and must be "dry" units.
6. UTILITIES. All costs for utilities, including any costs for infrastructure necessary for said
utilities, shall be paid by LESSEE.
LESSEE shall install a meter and be charged separately from the City for all electricity
charges at no charge to LESSOR. LESSEE shall be responsible for the operation and
maintenance of the meter and any damages to the meter or power pole associated with
the meter or LESSEE'S use of the power pole for electricity LESSEE shall coordinate
with Pacific Power to have all billings for electricity used during the term of this lease to be
billed directly to the LESSEE. A meter shall be installed prior to November 15, 2017.
LESSEE may connect to public water and/or sewer with the express written consent of
the LESSOR and approval of the location of pipelines and facilities by LESSOR. In the
event LESSEE connects the property to public water and/or sewer, LESSEE is
responsible for all costs associated therewith, from the main water and sewer line to and
throughout the property, including, but not limited to permit fees, connection fees, and
construction costs LESSEE shall also be responsible for obtaining any necessary
easements or rights to cross private property if necessary Said easements and
improvements shall be transferred to the LESSOR at the termination of this Lease
LESSEE shall be limited to no more than three connections for temporary bathroom,
shower and/or kitchen facilities.
7. CLEANING AND SANITATION. LESSEE acknowledges that the property shall be kept
in a clean and sanitary condition, including, but not limited to, property maintenance,
mowing, weekly garbage service (or more often if sanitation requires), sanitation facilities,
such as portable toilets and hand washing stations, and safe bio -hazard disposal areas
during the months the temporary encampment is operational. During the winter months
(November 15th through March 15th) LESSEE acknowledges that the property shall be
kept in a clean and sanitary condition, winterized as necessary, and LESSEE shall do all
necessary maintenance on the property during the winter months All facilities shall be
provided at the expense of the LESSEE and shall be cleaned and serviced as needed to
maintain a safe and sanitary environment.
8. PREMISES CONDITION AND FENCING. 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 of
improvements necessary to run a temporary homeless encampment.
All activities and services provided to the homeless as part of the temporary homeless
encampment shall occur within a fenced perimeter. LESSOR shall provide temporary
fencing in the length of 777 feet to LESSEE as part of this Lease The fencing shall remain
the property of LESSOR and any damage or loss to fencing owned by LESSOR shall be
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35
the responsibility of LESSEE LESSEE shall return LESSOR's 777 feet of fencing in its
original condition, normal wear and tear excepted, to the LESSOR at the termination of
this Lease. In the event additional fencing is needed by LESSEE to conduct its activities
and services for homeless persons on the property within a fenced area, LESSEE is
responsible for any and all additional costs, including permits and installation costs,
associated with placement of additional fencing
9. CONSTRUCTION OF ACCESS WAY FOR CITY VEHICLES. Due to LESSEE's desired
location for the temporary homeless encampment, LESSEE acknowledges that it is
necessary for LESSEE to construct an access driveway, including, but not limited to the
necessary curb cut in a width and location approved by the LESSOR, and approach. The
access driveway design, materials and location shall be approved by the City Engineer
and constructed at the sole expense of LESSEE. LESSEE shall be responsible for
obtaining all necessary permits to construct the access way Said access way shall be
constructed prior to March 15, 2018.
10. MAINTENANCE. LESSEE agrees to keep and maintain the premises in at least as good
a condition as the condition of the premises at the beginning of LESSEE's occupancy,
normal wear and tear excepted LESSEE further agrees that LESSEE shall be
responsible to maintain all leased areas, trade fixtures and other improvements, existing
and future, in an attractive and usable manner consistent with other LESSOR property.
LESSEE agrees to maintain the areas adjacent to the property used by LESSEE in a safe,
sanitary, and usable condition at all times
LESSEE is responsible for snow removal along the driveway access during the months of
November 15th through March 15th if access is necessary for LESSEE
11. SIGNS AND SITE SCREENING. No signs are allowed on the property unless approved
in writing by LESSOR The site shall be fenced Additional site screening shall be
mutually agreed to by the parties.
12. IMPROVEMENTS. No improvements other than those specifically mentioned herein are
contemplated by this Lease. In the event improvements are made by LESSEE or
LESSOR that are affixed to the land, such improvements shall become part of the property
and revert to LESSOR upon termination of this Lease, or removed by LESSEE, the
determination of which shall be made by LESSOR,at no cost to the LESSOR.
13. 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, or other similar good neighbor
agreement and/or rules of conduct for the temporary homeless encampment. Such Code
of Conduct for use of the temporary homeless encampment by its residents should
include, but not be limited to, requiring that residents not commit violations of the law, that
residents have respect for other residents and neighboring property owners, and other
4
36
such regulations that ensure that the residents, and neighboring property owners and
residents, are safe, secure, and that the public health and safety is maintained. A copy of
the Code of Conduct shall be provided to the LESSOR
LESSEE shall comply with all building, fire, and safety regulations, including, but not
limited to building codes concerning any structures built on premises and perm it fees, if
written permission is granted to construct on-site facilities of any kind
14. SITE PLAN. LESSEE, prior to the beginning date of this Lease, 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. Any modification of the site plan to allow for improvements or other additional
facilities shall be agreed to and approved by LESSOR The site plan shall be affixed
hereto as Exhibit 3.
15. SUBLETTING AND ASSIGNMENT. There shall be no subletting or assignment of this
Lease.
16. 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.
C. LESSOR shall have the right to use, unobstructed, the driveway off of 22"d Street for
ingress and egress to LESSOR'S property for maintenance, operations, public safety, or
other purposes The driveway off of 22' Street shall not be obstructed by parked or
stationary vehicles, personal property, gates, persons or otherwise, at any time.
D. All parking of occupants of the temporary homeless encampment shall be within the
leased property. If a parking area is proposed, it must be paved or graveled to avoid
parking on dry grasses or combustible materials.
17. 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 its elected and appointed officials, employees and
agents, from any and all liability, damages, suits, claims, actions, judgments or decrees,
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37
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 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.0
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.0
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.
D. Further, during the term of this Lease where LESSEE is operating a temporary
homeless encampment on the property, LESSEE agrees and acknowledges that RCW
35.21 915(d) applies to the property and this Lease That section specifically states:
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.
LESSEE shall defend, indemnify and hold harmless LESSOR, its appointed or elected
public officials, and public employees from any claims for damages arising from permitting
decisions for the temporary homeless encampment, including entry into this Lease, as
well as any conduct or unlawful activity that may occur as a result of the temporary
homeless encampment.
18. 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
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38
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 forty-five (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, or
equipment 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 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 LESSEE. Further, LESSEE shall remove all occupants from the
temporary homeless encampment as of the effective date of termination of the Lease,
whether it be through default or at the end of this Lease's term
19. NON-DISCRIMINATION CLAUSE. To the extent required by law, LESSEE, for itself, its
personal representatives, agents, officers, 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
C. LESSEE agrees that participation in religious activities will not be required to obtain
any of the services provided on the property that is subject to this Lease
20. INSURANCE. It is understood the City does not maintain liability insurance for the
LESSEE and/or its officers, employees, agents and/or subcontractors.
Further, LESSEE shall obtain insurance as follows.
A. Property Insurance. On or before the effective date of this Lease LESSEE shall
procure and maintain a policy or policies of property insurance in an amount acceptable
to the LESSOR with respect to the Property and LESSEE's personal property. LESSEE
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39
will hold the City harmless for any damage to property owned by LESSEE and waive its
right of subrogation for any damage to their property.
B. Liability Insurance. On or before the effective date of this Lease, LESSEE shall
provide the City proof of liability insurance in the amount of Two Million Dollars
($2,000,000 00) per occurrence combined bodily injury and property damage that states
who the provider is, the amount of coverage, the policy number and when the policy and
provisions provided are in effect. The policy shall name the City, its elected and appointed
officials, officers, agents, and employees as additional insureds and shall contain a clause
that the insurer will not cancel or change the insurance without first giving the City thirty
(30) days' prior written notice. A copy of all such policies shall be provided to the City
upon request.
21. 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 both parties.
22. 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
23. 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
24. 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
CITY OF YAKIMA
c/o Cliff Moore
129 North 2nd Street
Yakima, WA 98901
509-575-6000
Time is of the essence of this entire Lease.
TRANSFORM YAKIMA TOGETHER
c/o
25. RECORDING. This Lease shall be recorded, pursuant to RCW 65 08.060, with the
Yakima County Auditor. LESSEE shall be responsible for recording this Lease and providing a
conformed copy to LESSOR for its records within ten (10) days of both parties signing the Lease
CITY OF YAKIMA TRANSFORM YAKIMA TOGETHER
8
By (it'71141))17/\---
Cliff Moo , City Manager
Date: (0- I 1 /
ATTEST:
By. '� . 1 t .
Sonya Cla r ee, City Clerk
By
Andrew Ferguson, Executiv&Director
Date'
City Resolution No i -/2
City Contract No. 20/7— /78
STATE OF WASHINGTON )
) ss
County of Yakima
40
I certify .that I know or have satisfactory evidence that eruircuCtrqusph , the
Ev,s, "o\rtut'( of Transform Yakima Together, signed this instrument, on oath stated
that they were authorized to execute the instrument and acknowledged it to be the free
and voluntary act of such party for the uses and purposes mentioned in the instrument.
Date \O!\%\''a.0 \-1
WO
.10
.116
STATE OF WASHINGTON
) ss
County of Yakima
By: COJ\SSCk, Lyng( e1\kms
Notary Public for the State of Washington
Residing at: 1A0.K;`nncx
Appointment Expires 03`0‘,"a-o?s 0
9
41
I certify that I know or have satisfactory evidence that Cliff Moore signed this instrument,
on oath stated that they were authorized to execute the instrument and acknowledged it
as the City Manager of the City of Yakima, Washington to be the free and voluntary act
of such party for the uses and purposes mentioned in the instrument.
Date.
/0//8// 7
Notary Public
State of Washington
KAARRE ALLYN
MY COMMISSION EXPIRES
January 12, 2020
By: 0
Notary u lic for the State of Washington
Residing at: yi e<<„, &L./A.
Appointment Expires ,— / �o
'10
42
Exhibit "1"
Shaded area above is the Leased Property
Legal Description of Leased Property
All that portion of Tracts 33 and 40 of Goodwin's Five Acre Tracts, Recorded in Volume
'A' of plats, Page 18, records of Yakima County, Washington described as follows:
Beginning at the Southwest Corner of Tract 40, as described on Record of Survey,
recorded under Auditors File No. 7718968, records of Yakima County, Washington;
thence N 0°15'41" E 75 feet; thence S 89°44'19" E 10 feet, to the point of True Beginning;
thence N 0°15'41" E 345 feet; thence S 89°44'19" E 280 feet; thence S 0°15'41" W 345
feet; thence N 89°44'19" W 280 feet, plus or minus, to the point of True Beginning.
43
TRAN S
YAKIMA TOGETHER
CAMP HOPE
Operations Plan 2018
"Transform Yakima Together" (TYT) will help reduce the incidence of homelessness through
various initiatives that will fulfill our homeless population's immediate and critical needs, while at
the same time working to empower our homeless population with the tools that they need to
navigate their way back to a healthy and productive life and become self-sufficient via the
Strength's Based -Relationship Service Model.
Camp Hope, our managed encampment behind the old Kmart building, will provide unsheltered
individuals with a safe, accommodating, and well-managed facility will create relief for downtown
businesses, public works, law enforcement as well as public spaces such as sidewalks so that
these places may be used for their intended purposes
Overview
TYT will provide coordination of a shelter, meals and basic needs assistance to homeless adults
and their pets beginning on or about March 15, 2018, depending on weather.
The temporary encampment will be managed by TYT staff and will host up to 100 guests each
night. The encampment will operate 24 hours a day. Based on lessons learned from the of the
tent city and on the experience of the TYT staff, the encampment will be managed in a very
different manner than last year's tent city. For example, individuals be required to register each
evening to stay in the encampment — meaning that it won't just be open for anyone to come at
any time There will be a maximum occupancy established that shall not be exceeded and the
entrance will be controlled by security and individuals will need to check in when they come and
go Check-in hours will be between 3pm and 6pm, with variances allowed for those who work or
have other verifiable appointments.
The plan calls for large dormitory style tents to be used, rather than individual tents. This will
keep the clutter that was experienced last summer to a minimum as well as allow for monitoring
of resident activity The tents may be upgraded to buildings if funding allows. The camp will
have separate areas for male and female guests along with storage facilities for the guests'
belongings. An appropriate number of gender specific staff will monitor both the male and
female spaces so as not to create a situation where genders are mixed both in clients and in
staff. A camp manager will be on site at all times while the camp is open
In addition, each person wishing to stay at the encampment will be asked to sign a Good
Neighbor Agreement which will outline expectations for behavior and consequences if
44
expectations are not met. Each resident will be expected to provide volunteer service at the
encampment to help keep it clean and tidy, depending on circumstances and capability.
Facilities
The Camp facilities will include 4 dormitory barracks (tents or buildings); two for each gender
that will house up to 20 people each. In addition to the barracks, we will have up to 10 "dry" tiny
homes for individuals or couples to live in These tiny homes will be built on skids and can be
move when a placement on a church property opens up where it can be hooked up to plumbing.
We will also hope, depending on funding, to have a day center with cooking facilities and
additional restrooms,.
We currently have portable toilets and hand washing stations on site. We plan to upgrade to
"park like' toilet and shower facilities that are plumbed to city utilities, depending on funding
We will also have shower and laundry facilities, mail, phone, and Internet access, and safe
storage for personal items and kenneling of pets We will contract with the City for garbage
collection service
Staffing
The current staffing model for Camp Hope consists of the following staffing levels
1 — Director
5 — Full -Time Shelter Monitors
1- Part -Time Care Manager
2 — Part -Time Shelter Monitors
3 — Interns
14- Trustees
Our staff will have an onsite supervisor at all times who has direct experience with the homeless
population, is a certified peer counselor, and who has established relationships with the shelter
guests. He is supported by five full-time staff and five part-time staff or interns In addition, the
staff are supported by an ever-growing group of dedicated volunteers
A part-time professional case manager will administer our mental health referral support
system TYT is committed to working with other organizations on getting folks into housing and
providing the support they need as they work toward self-sufficiency We will have round-the-
clock staff and designated -monitored outdoor spaces to ensure no disruption to the businesses
and activities in the surrounding area.
As part of their stay with us, our guests will participate in grounds -keeping and other work as
they develop pride and ownership in the work we are doing. Our intern and trustee programs
give formerly or currently homeless a combination of classroom and on the job training in
a Low -Barrier Homeless Shelter or Transitional Housing Facility that can offer
experience and prepare them for the marketplace
Programs & Services
Transportation
TYT maintains two vehicles to provide limited transportation services for the camp residents
The bus schedule will pick the clients up in the morning and take them to the transit center and
then return for them in the evening
45
Education Center:
Camp Hope maintains an education center that offers guests of Camp HOPE access to
several educational resources. Guests are given the opportunity to enhance their
knowledge in:
• GED Preparation
• Reading
• Writing
• Math
• Financial Management
• Coping Skills
• Grief Management
• Computer Literacy Courses
• Resume Writing Courses
• Job Interview Skills
• Religious Studies (Voluntary)
The education center also provides an opportunity for individual mentoring / tutoring for
guests of the camp. Guests also have access to the computers to be able to search for
jobs, housing and to connect with family members.
A volunteer coordinator and a team volunteers who have a level of expertise in various
subject matters staff the education center.
Accountability Partner Program
The Transform Yakima Together Accountability Partner Program is a program all guests of a
TYT facility are immediately enrolled in. The program helps ensure the guest feels welcome,
connected and is given access to resources to assist them in achieving permanent housing,
medical, psychiatric and addiction services in an efficient manner
Upon entering a TYT facility, the homeless person is taken thru a mandatory intake process.
Upon completion of the intake process
• Within 48 hours of the initial intake, our on-site Care Manager provides that guest with
assessment review.
• The Care Manager will identify any barriers which the person has identified (No
Identification, Transportation etc) and refer that person on to the Accountability Partner
Team
• The team is made up of facility staffs who are assigned a maximum of 8 guests to assist
them in following their accountability plan
• The team member and the guest will have a weekly meeting to review their progress on
the accountability plan
• The facility director also reviews the accountability plan and meets with the guest weekly
to ensure they are being provided resources and assistance in a timely manner
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It is our belief by having multiple staff members responsible for assisting the guest we
accomplish a system that does not allow a guest to feel unconnected to service providers, have
a sense of community and not fall thru any possible gaps in services
Homeless Outreach Team (HOT)
Though not funded through our grant funding, as able, TYT will provide a Homeless Outreach
Team or HOT. HOT will respond as requested to areas within Yakima County as staffing and
funding allows.
HOT will act as a response team to the Yakima County Community HOT will respond with
specially trained volunteers to calls placed by the community, city or other service providers for
homeless who may be congregating, or unaware of the services they can access
• Our goal is to provide the community with an immediate response.
• Provide relief off of emergency service providers having to deal with non -criminal
nuisance complaints HOT will provide safe transportation for the client to sheltering /
encampment / service providers.
• Provide our homeless population with a trained person immediately aware of resources
directly effecting their immediate needs.
• Treating Homeless Population with dignity & respect.
Through a 24-hour hotline, community outreach, and a partnership with The Downtown
Business Association, we will provide business owners an alternative to calling 911 when issues
arise This will greatly decrease pressure on the Yakima Police Department in responding to
nuisance calls as well as reducing the fiscal impact on the Police Department for such calls
We are committed to a close and creative partnership with local law enforcement. Over the past
months, we have conferred on shelter safety practices, intake of certain nuisance offenders,
accessing future funding for programs aimed at reducing unnecessary police calls and
associated public safety costs, and the need for closer coordination between the police and
social services. Our HOT Team will be working closely with local law enforcement to address
and mitigate public impact of the homeless in the immediate neighborhood surrounding the
proposed sites.
Policies and Procedures
A Low -Barrier Shelter is a model of service delivery that provides for the basic needs of street
dependent people in order to get them off the streets. It prioritizes the provision of shelter and
basic needs FIRST so that street dependent people can more easily access other services next
(i e housing programs, substance use treatment programs, mental health support programs). In
practice, this means individuals will be encouraged to participate in available programs but not
required.
• Sobriety will not be required, however, there will be no drug or alcohol use on the
premises.
• Each person that comes to the shelter will have a formal intake and registration interview
with a trained staff member but will not be denied service without valid ID
• Couples will be able to stay together
• There will be secure storage space for personal items
• Service animals and companion pets will be accommodated
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• Homeless (HUD Definition)
• Age 18 or older
• Ambulatory and not requiring hospital or nursing home care
• Agree to be nonviolent
• Agree not to use or sell drugs or illegal substances on the premises
• Agree to treat other clients, staff and the property with respect
• Agree to obey fire and other safety regulations
We will accept new residents on a first-come first -serve basis However, if someone shows up
late at night looking for a place to stay, the tent city will offer them a bed for the night in their
large army tent, as long as they pass the initial screening All residents must pass a police
background check for convictions of sex offenses
Rules of Conduct
Residents must agree to follow the 5 community standards of behavior
• No violence toward yourself or others
• No illegal substances or alcohol or paraphernalia on the premises or within a two -block radius
• No stealing
• Everyone contributes to the upkeep and welfare of the village and works to become a
productive member of the community which includes ten hours of community service per week
• No disruptive behavior of any kind that disturbs the general peace and welfare of the village
The rules are enforced on a "one -strike -and -you're -out basis" and all residents agree when they
move in to leave voluntarily if found in violation of these rules. There is no time -limit to any
member's stay as long as they are able to follow the community standards of behavior
Responsibilities of residents include:
• Attending the weekly mandatory community meeting
• Actively participate in community cleaning every week as mandated by the Department
of Health.
• Serving two security shifts
There are varying lengths of bans from the community for violating the rules There are also
three "elected arbitrators" (selected by the Director with community input) who are responsible
to work with campers who don't follow the rules
The tent -coordinator is the spokesperson for the tent and liaison with the encampment director.
Other "elected" leaders take turns at the intake desk and share responsibility of orienting new
members There is also a donations coordinator, who is a resident responsible for logging and
distributing donations equitably The encampment director must approve all donations prior to
them being accepted Donations will only be accepted at an agreed upon date / time which will
be clearly posted.
Term of stay
There will be no specified time limit on guest stays Arbitrary time limits have proven to be a
barrier to sheltering the "hardest to house" population, as they time-out, get discouraged and
are unable to re-enter the shelter for a period
48
The premise of "shelter first" housing is that through creating a safe environment we can help
guests meet their basic needs and become more stable, easing the process into housing and
other services.
General security & safety
Risks to clients, staff, volunteers, neighbors and property owners are of equal concern to us --
and we will continually evaluate and systematically address issues of risk. Concerns linking
crime and safety risks with the homeless population have been expressed in the past. During
the early phase of the homeless tent encampment, strong safety concerns were repeatedly
aired at public meetings whenever relocation of the camp was planned.
Our intent is to address these concerns have abated through productive community dialogue,
partnership and responsive agency practice. Through our "Good Neighbor" policy and practices
we work to mitigate the off-site impact of the shelter. We will establish and enforce a 500 -foot
buffer zone around the site, within which there would be no alcohol, drugs or abusive language
allowed We will enforce this through deploying our HOT teams to patrol the area as well as
providing a 24-hour hotline for neighbors to call when issues arise.
Outside services & Community Partners
The Shelter is filling a clearly identified gap in services for unsheltered adults in Yakima Cities
with the most success in ending homelessness subscribe to a continuum of care network that
begins with low -barrier emergency shelter and ends with affordable home ownership. In order
for us to move people through homelessness we must provide an entry point to gain maximum
access to supportive services such as mental health support (on site), chemical dependency
and substance abuse programs, housing programs and many more. Under our agency umbrella
we will operate in close coordination with Community Health Centers and Faith Based
Organizations to move people into their successful rapid -rehousing program Getting people in
the door is the key for moving people through stages of recovery.
Partners
TYT will be establishing a comprehensive community network of providers whereby these
partnering agencies will be provided secure access to shared clients. We have an agreement
with Sunrise Outreach to provide lunches on weekdays as well as some administrative services
We are working with various churches in the area to provide transportation to and from the
encampment, Day Center, the Mission, and other critical services Various churches also help
provide the evening meal on a regular basis We will work with Yakima Neighborhood Health
and other private providers for case management services as well as other medical, dental,
mental health, and substance abuse treatment. Comprehensive Mental Health provides
services for the mentally ill. Entrust Community Services provides workplace training and
support programs for camp residents. Other providers are sought out and connected with our
clients as needed
49
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
50
Item No. 12.
For Meeting of: October 17, 2017
Resolution authorizing a lease with Transforrn Yakima Together to
lease City owned property for a temporary homeless encampment
Joan Davenport, Community Development Director
Cliff Moore, City Manager
SUMMARY EXPLANATION:
In March of 2017, Transform Yakima Together and the City of Yakima entered into a lease
agreement for approximately one acre of land adjacent to the wastewater treatment plant to be
used as a temporary homeless encampment through November 15, 2017. The homeless
encampment provided residents temporary housing and services throughout the summer.
Transform Yakima Together wishes to continue its temporary homeless encampment during the
summer months in the future to serve the homeless population. TYT is exploring the possibility
of installing water and sewer infrastructure and recognizes that it would be at their expense.
The proposal is to enter into a multi-year, seasonal lease with Transform Yakima Together to
operate an encampment on property adjacent to the wastewater treatment plant to enable a
temporary homeless encampment during the summer and allow Transform Yakima Together to
store and keep its encampment equipment and facilities on the property during the winter. There
will be no services or housing from November 15th to March 15th of each year on the property.
This is essentially an extension of the current lease, with some revisions, so that Transform
Yakima Together can operate the temporary encampment during summer months for at least the
next three summers.
ITEM BUDGETED:
STRATEGIC PRIORITY:
APPROVED FOR
SUBMITTAL:
STAFF RECOMMENDATION:
City Manager
No
NA
91
Adopt resolution
BOARD/COMMITTEE RECOMMENDATION:
This did not go through a Board or Committee due to the fact that it is a renewal of an existing
lease (with some revisions as well).
ATTACHMENTS:
Description Upload Date Type
O Resolution - Lease-TrarT;form Yakima TogerAher 10/1012017 Resolution
O lea>e 10/1312017 Co‘er Memo
• le0 descrip exhibit 1 10/1312017 C.c,E.,,r Memo
O operations plan exhibit 2 10111/2017 coer Memo
O Site Pan-TYT- Exhibit 3 10/10;2017 Exhibit
na
YAK8MA TOGETHER
CAMP HOPE
Operations Plan 2018
'Transform Yakima Together' (TYT) will help reduce the incidence of homelessness through
various initiatives that will fulfill our homeless population's immediate and critical needa, while at
the same time working to empower our homeless population with the tools that they need to
navigate their way back to a healthy and productive Iife and become self-sufficient via the
Strength's Based -Relationship Service Model.
Camp Hope, our mencampment behind the old Kmart building, will provide unsheltered
individuals with a safe, acoonnnnodahng, and well-managed facility will create relief for downtown
businesses, public works, law enforcement as well as public spaces such as sidewalks so that
these places may be used for their intended purposes.
Overview
TYT will provide coordination of a ahster, meals and basic needs assistance to homeless adults
and their pets beginning on or about March 15, 2018, depending on weather.
The temporary encampment will be managed by TYT staff and will host up to 100 guests each
night. The encampment will operate 24 hours a day. Based on lessons learned from the of the
tent city and on the experience of the TYT staff, the encampment will be managed in a very
different manner than last year's tent city. For exannp|e, individuals be required to register each
evening to stay in the encampment — meaning that it won't just be open for anyone to come at
any time. There will be a maximum occupancy established that shall not be exceeded and the
entrance will be controlled by security and individuals will need to check in when they come and
go. Check-in hours will be between 3pm and 6pnn, with variances allowed for those who work or
have other verifiable appointments.
The plan calls for Iarge dormitory style tents to be used, rather than individual tents, This will
keep the clutter that was experienced last summer to a minimum as well as allow for monitoring
of resident activity. The tents may be upgraded to buildings if funding allows. The camp will
have separate areas for male and female guests along with storage facilities for the guests'
belongings. An appropriate number of gender specific staff will monitor both the male and
female spaces so as not to create a situation where genders are mixed both in clients and in
staif. A camp manager will be on site at all times while the camp is open.
In addition, each person wishing to stay at the encampment will be asked to sign a Good
Neighbor Agreement which wHI outline expectations for behavior and consequences if
no
expectations are not met. Each resident will be expected to provide volunteer service at the
encampment to help keep it clean and tidy, depending on circumstances and capability.
Facilities
The Camp facilities will include 4 dormitory barracks (tents or buildings); tv for each gender
that will house up to 20 people each. In addition to the barracks, we will have up to 10 "dry" tiny
homes for individuals or couples to live in. These tiny homes will be built on skids and can be
move when a placement on a church property opens up where it can be hooked up to plumbing.
We will also hope, depending on funding, to have a day center with cooking facilities and
additional restrooms,.
We currently have portable toilets and hand washing stations on site. We plan to upgrade to
"park like' toilet and shower facilities that are plumbed to city utilities, depending on funding.
We will also have shower and laundry facilities, mail, phone, and Internet mcnmss, and safe
storage for personal items and kenneling of pets. We will contract with the City for garbage
collection service.
Staffing
The current staffing model for Camp Hope consists of the following staffing levels:
1 — Director
5 — Full -Time Shelter Monitors
1- Part -Time Care Manager
2 — Part -Time Shelter Monitors
3— Interns
14- Trustees
Our stafwill have an onsite supervisor at all times who has direct experience with the homeless
popu|odon, is a certified peer counselor, and who has established relationships with the shelter
guests. He is supported by five full-time staff and five part-time staff or interns. In mddition, the
staif are supported by an ever-growing group of dedicated volunteers.
A part-time professional case manager will administer our mental health referral support
system. TY7' is committed to working with other organizations on getting folks into housing and
providing the support they need as they work toward self-sufficiency. We will have round-the-
clock staff and designated -monitored outdoor spaces to ensure no disruption to the businesses
and activities in the surrounding area.
As part of their stay with us, our guests will participate in grounds -keeping and other work as
they develop pride and ownership in the work we are doing. Our intern and trustee programs
give formerly or currently homeless a combination of classroom and on the job training in
a Low -Barrier Homeless Shelter or Transitional Housing Facility that can offer
experience and prepare them for the marketplace.
Programs & Services
Transportation
TYT maintains two vehicles to provide limited transportation services for the camp residents.
The bus schedule will pick the clients up in the morning and take them to the transit center and
then return for them in the evening.
54
Education Center:
Camp Hope maintains an education center that offers guests of Camp HOPE access to
several educational resources. Guests are given the opportunity to enhance their
knowledge in:
• GED Preparation
• Reading
• Writing
• Math
• Financial Management
• Coping Skills
• Grief Management
• Computer Literacy Courses
• Resume Writing Courses
• Job Interview Skills
• Religious Studies (Voluntary)
The education center also provides an opportunity for individual mentoring / tutoring for
guests of the camp. Guests also have access to the computers to be able to search for
jobs, housing and to connect with family members.
A volunteer coordinator and a team volunteers who have a level of expertise in various
subject matters staff the education center.
Accountability Partner Program
The Transform Yakima Together Accountability Partner Program is a program all guests of a
TYT facility are immediately enrolled in. The program helps ensure the guest feels welcome,
connected and is given access to resources to assist them in achieving permanent housing,
medical, psychiatric and addiction services in an efficient manner.
Upon entering a TYT facility, the homeless person is taken thru a mandatory intake process.
Upon completion of the intake process
Within 48 hours of the initial intake, our on-site Care Manager provides that guest with
assessment review.
The Care Manager will identify any barriers which the person has identified (No
Identification, Transportation etc.) and refer that person on to the Accountability Partner
Team.
The team is made up of facility staffs who are assigned a maximum of 8 guests to assist
them in following their accountability plan.
The team member and the guest will have a weekly meeting to review their progress on
the accountability plan.
The facility director also reviews the accountability plan and meets with the guest weekly
to ensure they are being provided resources and assistance in a timely manner.
no
It is our belief by having multi|estmffnlenlbersnysponsb|eformssisting the guest we
accomplish a system that does not allow a guest to feel unconnected to service providers, have
a sense of community and not fall thru any possible gaps in services.
Homeless Outreach Team (HOT)
Though not funded through our grant fundi . as able, TYT will provide a Homeless Outreach
Team or HOT. HOT will respond as requested to areas within Yakima County as staffing and
funding allows.
HOT will act as a response team to the Yakima County Community. HOT will respond with
specially trained volunteers to calls placed by the community, city or other service providers for
homeless who may be congregating, or unaware of the services they can access.
• Our goal is to provide the community with an immediate response.
• Provide relief off of emergency service providers having to deal with non -criminal
nuisance complaints. HOT will provide safe transportation for the client to sheltering /
encampment / service providers.
� Provide our homeless population with a trained person immediately aware of resources
directly effecting their immediate needs.
�
Treating Homeless Population with dignity & respect.
Through a 24-hour hotline, community outreach, and a partnership with The Downtown
Business Assooiodon, we will provide business owners an alternative to calling 911 when issues
arise. This will greatly decrease pressure on the Yakima Police Department in responding to
nuisance calls as well as reducing the fiscal impact on the Police Department for such calls.
We are committed to a close and creative partnership with local law enforcement. Over the past
rnonths, we have conferred on shelter safety pnmoticms, intake of certain nuisance nffmndens,
accessing future funding for programs aimed at reducing unnecessary police calls and
associated public safety costs, and the need for closer coordination between the police and
social services. Our HOT Team will be working closely with local law enforcement to address
and mitigate public impact of the homeless in the immediate neighborhood surrounding the
proposed sites.
Policies and Procedures
A Low -Barrier Shelter is a model of service delivery that provides for the basic needs of street
dependent people in order to get them off the streets. It prioritizes the provision of shelter and
basic needs FIRST so that street dependent people can more easily access other services next
(i.e. housing pn/Qrorns, substance use treatment programs, mental health support programs). In
practice, this means individuals will be encouraged to participate in available programs but not
required.
�
Sobriety will not be required, hovvever. there will be no drug or alcohol use on the
premises.
�
Each person that comes to the shelter will have a formal intake and registration interview
with a trained staff member but will not be denied service without valid ID.
• Couples will be able to stay together.
• There will be secure storage space for personal items.
• Service animals and companion pets will be accommodated
xm
• Homeless (HUD Definition)
• Age 18orolder
" Ambulatory and not requiring hospital or nursing home care
• Agree to be nonviolent
• Agree not to use or sell drugs or iliegal substances on the premises
• Agree to treat other dients, staff and the property with respect
• Agree to obey fire and other safety regulations
We will accept new residents on a first-come first -serve basis. Hovvever, if someone shows up
late at night looking for a place to stay, the tent city will offer them a bed for the night in their
large army tent, as long as they pass the initial screening. All residents must pass a police
background check for convictions of sex offenses.
Rules of Conduct
Residents must agree to follow the 5 community standards of behavior:
• No violence toward yourself or others
• No illegal substances or alcohol or paraphernalia on the premises or within a two -block radius
• No stealing
• Everyone contributes to the upkeep and welfare of the village and works to become a
productive member of the community which includes ten hours of community service per week
• No disruptive behavior of any kind that disturbs the general peace and welfare of the village
The rules are enforced on a "one -strike -and -you're -out basis" and all residents agree when they
move in to leave voluntarily if found in violation of these rules. There is no time -limit to any
member's stay as long as they are able to follow the community standards of behavior.
Responsibilities of residents include:
• Attending the weekly mandatory community meeti
• Actively participate in community cleaning every week as mandated by the Department
of Health.
�
Serving two security shifts
There are varying lengths of bans from the community for violating the rules. There are also
three "elected arbitrators" (selected by the Director with community input) who are responsible
to work with campers who don't follow the rules.
The tent -coordinator is the spokesperson for the tent and liaison with the encampment director.
Other elected" leaders take turns at the intake desk and share responsibility of orienting new
members. There is also a donations coordinator, who is a resident responsible for logging and
distributing donations equitably. The encampment director must approve all donations prior to
them being accepted. Donations will only be accepted at an agreed upon date / time which will
be clearly posted.
Term of stay
There will be no specified time limit on guest stays. Arbitrary time limits have proven to be a
barrier to sheltering the "hardest to house" population, as they time-out, get discouraged and
SO
The premise of shelter first" housing is that through creating a safe environment we can help
guests meet their basic needs and become more stable, easing the process into housing and
other services.
General security & safety
Risks to c|imnts, stmff, vo|untemns, neighbors and property owners are of equal concern to us --
and we will continually evaluate and systematically address issues of risk. Concerns linking
crime and safety risks with the homeless population have been expressed in the past. During
the early phase of the homeless tent enoannpnngnd, strong safety concerns were repeatedly
aired at public meetings whenever relocation of the camp s planned.
Our intent is to address these concerns have abated through productive community dialogue,
partnership and responsive agency practice. Through our "Good Neighbor" policy and practices
we work to mitigate the off-site impact of the shelter. We will establish and enforce a 500'foot
buffer zone around the site, within which there would be no alcohol, drugs or abusive language
allowed. We will enforce this through deploying our HOT teams to patrol the area as well as
providing a 24-hour hotline for neighbors to call when issues arise.
Outside services & Community Partners
The Shelter is filling a clearly identified gap in services for unsheltered adults in Yakima. Cities
with the most success in ending homelessness subscribe to a continuum of care network that
begins with low -barrier emergency shelter and ends wth affordable home ownership. In order
for us to move people through homelessness we must provide an entry point to gain maximum
access to supportive services such as mental health support (on site), chemical dependency
and substance abuse proQrmrns, housing programs and many more. Under our agency umbrella
we Il operate in close coordination with Community Health Centers and Faith Based
Organizations to move people into their successful rapid -rehousing program. Getting people in
the door is the key for moving people through stages of recovery.
Partners
TYT will be establishing a comprehensive community network of providers whereby these
partnering agencies will be provided secure access to shared clients. We have an agreement
with Sunrise Outreach to provide Iunches on weekdays as Il as some administrative services.
We are working with various churches in the area to provide transportation to and from the
encampment, Day Center, the K8ission, and other critical services. Various churches also help
provide the evening meal on a regular basis. We will work with Yakima Neighborhood Health
and other private providers for case management services as well as other medical, dental,
mental health, and substance abuse treatment. Comprehensive Mental Health provides
services for the mentally ill. Entrust Community Services provides workplace training and
support programs for camp residents. Other providers are sought out and connected with our
clients as needed.
59
RESOLUTION NO. R-2018-045
A RESOLUTION authorizing the City Manager to amend an existing a lease with Transform
Yakima Together for the purpose of operating a temporary homeless
encampment on city owned property
WHEREAS, the City owns a large piece of property east of the wastewater treatment
plant and off South 22nd Street, of which approximately two acres was made available to
Transform Yakima Together on October 17, 2017 under Resolution 2017-129 for a temporary
homeless encampment pursuant to a lease agreement entered into between the City and
Transform Yakima Together outlining the terms and conditions of the use of the property; and
WHEREAS, Transform Yakima is a religious organization as defined in RCW 35 21 915
that intends to operate and manage a temporary homeless encampment on the leased
premises pursuant to the lease agreement, and
WHEREAS, Transform Yakima Together is preparing to re-establish the encampment
on City owned land for the 2018 season and has requested several modifications to the lease
agreement with regards to the use of the leased property, and
WHEREAS the modifications to the lease requested by Transform Yakima Together
include a diversity of residents such a families with children and longer term/winter use, and
WHEREAS, the City Council evaluated the requests and determined that, with the
restrictions outlined in the approved lease, children under the age of eighteen could be allowed
at the camp, but that winter use should not be allowed and the original term conditions
regarding months on which homeless persons could utilize the encampment should remain, and
WHEREAS, the City Council did not find that the lease should be amended to provide
for year-round use of the property for a temporary homeless encampment, and
WHEREAS, the request to support a location for a permanent location of a low barrier
shelter is a separate process and will not be located at this current camp site or evaluated as
part of this resolution and lease amendment; and
WHEREAS, the need for a low barrier homeless shelter is one of the highest priorities of
the Yakima County 5 -Year Plan to End Homelessness" and the City of Yakima experiences a
higher incidence of homeless than other communities in the Yakima Valley; and
WHEREAS, the City Council of the City of Yakima finds that it is in the best interests of
the City and its residents to approve the amendments to the lease, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Yakima City Council authorizes the City Manager to sign the amended lease with
Transform Yakima Together for operation of a temporary homeless camp on city owned
property.
ADOPTED BY THE CITY COUNCIL this 15th day of May, 2018
ATTEST.
101,
Sonya Cla'a )Tee, City Clerk .'.
60
AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF YAKIMA AND
TRANSFORM YAKIMA TOGETHER
THIS AMENDMENT TO THE LEASE AGREEMENT is made and entered into by
and between TRANSFORM YAKIMA TOGETHER, a public benefit corporation
registered with the State of Washington and a religious organization pursuant to RCW
35.21.915 ("Lessee") and THE CITY OF YAKIMA, a Washington municipal corporation
("City").
WHEREAS, on October 17, 2017, the City and Lessee entered into a "Lease
Agreement Between the City of Yakima and Transform Yakima Together", City Contract
No. 2017-178 ("Lease"), whereby the City leased unimproved land at no charge for a
period of three years in exchange for the Lessee providing services to the homeless in
Yakima, including, but not limited to, shelter in the form of an encampment; and
WHEREAS, the Lessee has requested amendments to the Lease to
accommodate additional populations; and
WHEREAS, the City is willing to amend the Lease with additional amendments
regarding to religious activities on the property;
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
agreements set forth herein, it is agreed by and between the City and the Lessee as
follows:
Section 1: Section 5 of the attached and incorporated "Lease Agreement Between
the City of Yakima and Transform Yakima Together" is amended to read as follows.
5. USE.
(a) Age restrictions. Unaccompanied persons under the age of 18 are
prohibited at the homeless encampment. Persons under the age of 18 must
be accompanied by a parent or legal guardian and should be encouraged to
take advantage of services through other entities. LESSEE should put
families with children in contact with other agencies that can provide services
to families with children. If there is no other option for the family with children,
such family with children may stay at the homeless encampment if there is an
approved area for families. Approved areas must be physically separated
from the general encampment by a site screened fence and gate that is
guarded 24 hours per day by a staff person that is not a resident. Approved
areas must have their own bathroom and handwashing facilities, as well as
their own community areas for relaxing, eating and/or recreation.
(b) From March 15th through November 15th. LESSEE agrees to use the
leased premises for operating and facilitating a temporary encampment for
homeless adults (persons 18 years of age or older). Attached as Exhibit 2,
subject to the terms outlined in this lease agreement and fully incorporated
herein, is an operations plan and summary of the services and activities that
are expected to be offered at the temporary homeless encampment when in
operation, subject to the terms outlined in this lease agreement. All persons
61
occupying the temporary homeless encampment shall be transitioned off of
the property on or before November 15th of each year. No persons shall
occupy the property and use it as a temporary encampment or otherwise stay
overnight, camp or otherwise occupy the property in a temporary residential
capacity during any other time.
(c) From November 15th through March 15th (winter months). LESSEE
agrees that during the winter months, from November 15th through March 15th
of each year, there shall be no homeless accommodations or services, either
overnight or during the daytime at the site. The site shall only be used for
maintenance of the property by LESSEE, development or improvement of the
property by LESSEE, or storage of equipment and items by LESSEE.
Further, temporary tents, portable toilets, temporary hand -washing stations
and other similar items must be taken down, removed from the property, or
stored within weather -tight buildings on the property. No tents shall remain
during the winter months.
(d) Additional facilities onsite. LESSEE, with express written permission of
LESSOR, through its City Manager, or his or her designee, may construct on-
site facilities such as community buildings, water and sewer connections, or
other similar improvements and facilities to be used during the time the
temporary encampment is functioning (March 15th through November 15th)
upon receiving all necessary permits pursuant to the Yakima Municipal Code
and state law. Any such facilities may be used for storage of personal
property during the winter months, but may not be used to house people or
conduct activities. Any such facilities should be winterized, but may be
accessible to LESSEE for the purposes of accessing stored items.
(e) Tiny Homes. As part of the temporary homeless encampment, up to ten
(10) temporary tiny homes may be placed on the site. Said tiny homes shall
be on skids, so as to be removable. No tiny homes may be connected to
water or sewer facilities and must be "dry" units.
(f) Organized Religious Activities. No homeless services provided by
LESSEE or any of LESSEE's subcontractors shall be denied due to a
person's religious affiliation or lack thereof. LESSEE is hereby prohibited
from conducting, or allowing other organizations to enter the encampment
and conduct, prayer and other religious activities in locations and at times
where the camp's residents' only way to avoid them is to leave a common
area or the encampment. This includes any community or dining tents.
Section 2: Except as expressly modified herein, all other terms and conditions of the
attached Lease shall remain in full force and effect.
Section 3: Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this Amendment is declared invalid or unconstitutional for any reason, such
decision shall not affect the validity of the remaining portions of this Amendment.
CITY OF YAKIMA
Cliff Moor -1t1 ity Manager
Date: I t 1
ATTEST:
TRANSORM YA TOGETHER
Andrew Ferguson, Exsrive Director
City Clerk
STATE OF WASHINGTON
County of Yakima
62
CITY CONTRACT NO:4/7-
2 / " /g4/>'iid_f
RESOLUTION NO:
I certify that I know or have satisfactory evidence that Andrew Ferguson, the Executive
Director of Transform Yakima Together, signed this instrument, on oath stated that they
were authorized to execute the instrument and acknowledged it to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
Dat , ewe - l
ain
0
1•��O••'\44'°'�r
F W AS
•
•
COMMISSION
EXPIRES
NOTARY
PUBLIC
MAY 29, 201
1
•
STATE OF WASHINGTON
County of Yakima
By: v.\Apc, c��Z
Notary f ublicfor the State of Vashington
Residing at: �a��`�r•� , (j3
Appointment Expires ' \ L-'9
ss
I certify that I know or have satisfactory evidence that Cliff Moore signed this instrument,
on oath stated that they were authorized to execute the instrument and acknowledged it
as the City Manager of the City of Yakima, Washington to be the free and voluntary act
of such party for the uses and purposes mentioned in the instrument.
Date. �'%/7//
Notary Public
State of Washington
KAARRE ALLYN
MY COMMISSION EXPIRES
January 12, 2020 ,,,
//z`�/
By:
Notary Public for the State of Washington
Residing at: /de/to , 1.v -L
Appointment Ex fres - ��