HomeMy WebLinkAbout06/05/2018 09 Second Amendment to Transform Yakima Together Lease; Temporary Homeless EncampmentBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
1
Item No. 9.
For Meeting of: June 5, 2018
ITEM TITLE: Resolution authorizing second amendment to lease with Transform
Yakima Together for temporary homeless encampment on city
owned property
SUBMITTED BY: Joan Davenport, Community Development Director
Sara Watkins, Senior Assistant City Attorney
SUMMARY EXPLANATION:
In November of 2017, the City Council entered into a Lease agreement with Transform Yakima
Together to operate a temporary emergency homeless encampment on property owned by the
City. On May 15, 2018, the City Council amended that Lease to allow for children under the age
of 18 under certain restricted circumstances. Transform Yakima Together seeks to further amend
the Lease to address the temporary period the temporary emergency encampment is
operational, and the City (in light of the fact that YVCOG plans to fund water and sewer extension
to the location) seeks to clarify the responsibilities of Transform Yakima Together with regards to
the onsite water and sewer improvements. This resolution and contract amendment would
change the time periods that people could use the camp from March 15—November 15 to a
number of defined temporary periods and would clarify the responsibility for maintenance of the
onsite water and sewer faciltiies.
ITEM BUDGETED:
STRATEGIC PRIORITY:
APPROVED FOR
SUBMITTAL:
STAFF RECOMMENDATION:
Adopt resolution
BOARD/COMMITTEE RECOMMENDATION:
No
NA
2
This did not go through a Board or Committee due to the fact that it is a request to extend a
resolution that was previously passed by the Council.
ATTACHMENTS:
Description Upload Date
d resolution 5/31/2018
• TYT lease - 2nd amendment - track changes 5/30/2018
d TYT lease - 2nd amendment - changes accepted 5;30'2018
d TYT Lease agreement 5/30/2018
d TYT Lease agreement - lst amendment 5/30/2018
Type
Coker Memo
ac
c
Backup Material
Backup Material
A RESOLUTION
RESOLUTION NO. R-2018-
3
authorizing amendment to an existing a lease with Transform Yakima
Together for the purpose of establishing 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, on May 15, 2018, 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; and
WHEREAS, Transform Yakima Together also requested that the term of the lease be amended
to allow for temporary periods other than those that are outlined in the current Lease; and
WHEREAS, YVCOG intends to allocate funding to fully fund the extension of water and sewer
facilities to the temporary emergency encampment and within the encampment boundaries to provide
for a cleaner, safer, more sanitary living environment for those utilizing the encampment; 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 providing for specific temporary periods
and with regards to the maintenance and upkeep of water and sewer services and improvements
contemplated by YVCOG, the City and Transform Yakima Together; 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 second amendment to the
Lease with Transform Yakima Together for operation of a temporary homeless camp on city owned
property.
4
ADOPTED BY THE CITY COUNCIL this 5th day of June, 2018.
ATTEST: Kathy Coffey, Mayor
Sonya Claar Tee, City Clerk
5
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
("C ity").
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 the Lessee
- - - - - - accommodate 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, YVCOG has allocated funding from 2163 funds to pay for the
design, construction, installation and staff time associated with water and sewer
improvements that will service the temporary emergency shelter; and
6
WHEREAS, providing public water and sewer service to the temporary
emergency shelter will provide those using the services a cleaner, more sanitary, and
safer living environment; and
WHEREAS, the plan for the improvements includes a long term goal of
connecting the proposed permanent site of an emergency shelter; and
WHEREAS, Transform Yakima Together, as the Lessee, should be responsible
for the maintenance and upkeep of the water and sewer lines, improvements, and
services within the temporary emergency shelter's boundaries; and
WHEREAS, the City is willing to amend the Lease with additional amendments
regarding to religious activities on the property 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;
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 15t4thro, gh November l5t'General Use. LESSEE agrees to
use the leased premises for operating and facilitating a temporary
encampment for homeless persons. Attached as Exhibit 2, subiect 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,
subiect 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.LESSEE
cncampmcnt for homcicsc adults (persons 18 yctiars of age or older).
7
Attached as Exhibit 2, subject to the terms outlined in this lease agreement
homeless encampment when in operation, subject to the terms outlined in
this lease agreement. All persons occupying the temporary homeless
cncampmcnt shall be transitioncd off of the property on or before November
45th of each year. No persons shall occupy the property and use it ac a
temporary encampment or otherwise stay ovcrnight, camp or othcrwisc
(c) 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.
(d) 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.
(e) 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.
(f) 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.
8
(q) 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.
(c) From Nov o- 155t throe gh March 1F5t
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, portable t,�-�ts, temporary hand washing stations
and othcr similar itcms 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
(hd) 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 providing emergency
shelter (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
monthstime where the homeless are not being served, 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 and prepared for summer as appropriate.
(ie) 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.
(if) 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: Section 6 of the attached and incorporated "Lease Agreement Between
the City of Yakima and Transform Yakima Together" is amended to read as follows:
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
9
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.
LESSEE shall be responsible for all utility charges, including, but not limited to,
electricity, water, sewer and garbage charges for the property. All payments
shall be promptly made upon receiving a bill, and in no event shall any payment
become delinquent. Delinquent payments for utilities may be considered a
default under the terms and conditions of the Lease.
Section 3: Section 10 of the attached and incorporated "Lease Agreement Between
the City of Yakima and Transform Yakima Together" is amended to read as follows:
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
water and sewer lines and facilities, and other improvements, existing and future,
in an attractive and usable manner consistent with other LESSOR property.
LESSEE understands and acknowledges that it is responsible for all
maintenance of the water and sewer lines and facilities within the boundaries of
the temporary emergency homeless encampment. Any back-ups, breaks, or
other damages to the water or sewer lines therein shall be promptly fixed by
LESSEE at its sole expense.
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 routes and
within the temporary emergency encampment as necessary. Snow removal
along the driveway access shall provide for emergency vehicle ingress and
egress. during the months of November 15th through March 15t4assess--Fs
necessary for LESSEE.
Section 4: Except as expressly modified herein, all other terms and conditions of the
attached Lease shall remain in full force and effect.
Section 5: 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.
DATED this day of June, 2018.
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:
10
11
By:
Notary Public for the State of Washington
Residing at:
Appointment Expires
12
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, YVCOG has allocated funding from 2163 funds to pay for the
design, construction, installation and staff time associated with water and sewer
improvements that will service the temporary emergency shelter; and
13
WHEREAS, providing public water and sewer service to the temporary
emergency shelter will provide those using the services a cleaner, more sanitary, and
safer living environment; and
WHEREAS, the plan for the improvements includes a long term goal of
connecting the proposed permanent site of an emergency shelter; and
WHEREAS, Transform Yakima Together, as the Lessee, should be responsible
for the maintenance and upkeep of the water and sewer lines, improvements, and
services within the temporary emergency shelter's boundaries; 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;
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.
Lcj 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
14
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.
LL 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.
L 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.
fl 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.
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
15
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.
(j) 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: Section 6 of the attached and incorporated "Lease Agreement Between
the City of Yakima and Transform Yakima Together" is amended to read as follows:
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.
LESSEE shall be responsible for all utility charges, including, but not limited to,
electricity, water, sewer and garbage charges for the property. All payments
shall be promptly made upon receiving a bill, and in no event shall any payment
become delinquent. Delinquent payments for utilities may be considered a
default under the terms and conditions of the Lease.
Section 3: Section 10 of the attached and incorporated "Lease Agreement Between
the City of Yakima and Transform Yakima Together" is amended to read as follows:
16
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,
water and sewer lines and facilities, and other improvements, existing and future,
in an attractive and usable manner consistent with other LESSOR property.
LESSEE understands and acknowledges that it is responsible for all
maintenance of the water and sewer lines and facilities within the boundaries of
the temporary emergency homeless encampment. Any back-ups, breaks, or
other damages to the water or sewer lines therein shall be promptly fixed by
LESSEE at its sole expense.
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 routes and
within the temporary emergency encampment as necessary. Snow removal
along the driveway access shall provide for emergency vehicle ingress and
egress.
Section 4: Except as expressly modified herein, all other terms and conditions of the
attached Lease shall remain in full force and effect.
Section 5: 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.
DATED this day of June, 2018.
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
17
18
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
19
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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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
21
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
3
22
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
23
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,
5
24
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
6
25
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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26
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
27
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
28
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
29
Exhibit
••••••••••••••••••uii*' •
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
'Aof 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°4419" E 10 feet, to the point of True Beginning;
thence N 0°1541" E 345 feet; thence S 89°44'19" E 280 feet; thence S 0°1541" W 345
feet; thence N 89°44'19" W 280 feet, plus or minus, to the point of True Beginning.
30
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
31
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
32
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
33
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
34
• 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
35
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
F:atie.ictt.:.wt+timet
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
37
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
38
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
39
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
*o
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.
47
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.
*m
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
49
• 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
4m
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.
46
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 .'.
47
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
48
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
49
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
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1•��O••'\44'°'�r
F W AS
•
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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 - ��