Drafter
Clerk 11/02/2004
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A MOTION adopting the policy framework to guide the siting and permitting requirements for establishing temporary emergency homeless encampments on county-owned land, in collaboration with Seattle Housing and Resource Effort ("SHARE"), the Women's Housing, Equality and Enhancement League ("WHEEL") and faith-based and not-for-profit community organizations in King County; and directing the county executive to prepare a plan for the county's response to the committee to end homelessness's ten-year plan to end homelessness in King County.
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WHEREAS, homelessness is widely recognized as a growing problem in King County and elsewhere in the nation, and
WHEREAS, more than eight thousand King County residents are estimated to be homeless on any given night, and
WHEREAS, forty-seven people without homes have died out of doors or in emergency rooms in the first seven months of this year, and
WHEREAS, King County finds it unacceptable that people are dying on the streets of our communities because there are insufficient safe alternative locations, and
WHEREAS, the Seattle Housing and Resource Effort ("SHARE") and the Women's Housing, Equality and Enhancement League ("WHEEL") are nonprofit organizations that advocate and provide services for homeless persons, and
WHEREAS, SHARE/WHEEL has established Tent City 4 in King County to provide a safe community for up to one hundred homeless persons every night, and
WHEREAS, Tent City 4 is self-governing, complies with all health, fire and public safety regulations, and the residents live by a strict code of conduct providing a drug-free, alcohol-free and respectful environment, and
WHEREAS, SHARE/WHEEL has successfully worked with churches and nonprofit groups to provide support services and assistance to residents of Tent City 4, and the site moves every ninety days, and
WHEREAS, there is no general King County policy affirming use of King County properties for a tent city nor are any county owned sites specifically authorized to provide this type of temporary housing function, and
WHEREAS, the citizens' advisory commission on homeless encampments ("CACHE") was established by the metropolitan King County council in June 2004 to study the issues of temporary emergency encampments, including whether there is a need for homeless encampments, whether these encampments shall be sited on public or private land, or both, and identifying procedural guidelines for siting and permitting future temporary homeless encampments, and
WHEREAS, the final report of the CACHE found that temporary emergency homeless encampments are not ideal but the overwhelming majority found that there is a need for the encampments until more permanent housing is available across King County, and
WHEREAS, it is appropriate to provide policy direction as to the terms and conditions for the use of non-parks county-owned property for purposes of hosting a temporary emergency homeless encampment, and
WHEREAS, temporary emergency homeless encampments serve as an interim survival mechanism while King County continues its important work as a member of the regional Committee to End Homelessness in King County seeking permanent housing alternatives and supportive services, and
WHEREAS, the Committee to End Homelessness will announce its final plan and recommendations in early 2005, and
WHEREAS, King County government has been selected by the Committee to End Homelessness to serve as the regional coordinator of the implementation of the countywide ten-year plan to end homelessness in King County;
NOW, THEREFORE, BE IT MOVED by the Council of King County:
The metropolitan King County council authorizes the county executive to establish guidelines and criteria for an agreement with SHARE/WHEEL to govern any temporary emergency homeless encampments sited on non-parks county owned property as long as the following terms and conditions are included in the agreement:
A. No temporary emergency encampments will be set up in any land designated as a King County park.
B. Use of county land in unincorporated King County for a temporary emergency homeless encampment site requires the issuance of a special use permit with conditions for that use in conformance with law.
C. For each proposed county-owned location, it is the strong recommendation of King County that SHARE/WHEEL secure an agreement in writing with a sponsoring organization, which may be a church or other organization, that agrees to assume responsibility for providing or coordinating basic services and support to temporary emergency homeless encampment residents and who will join with SHARE/WHEEL in all applications for relevant permits;
D. SHARE/WHEEL and any sponsoring organization shall apply to the King County real estate services section for a special use permit at least thirty days in advance of the desired date to commence the use;
E. For county-owned properties located within other local jurisdictions, SHARE/WHEEL shall promptly contact the appropriate government responsible for land use of the proposed site, including notifying cities containing or contiguous to the proposed temporary emergency homeless encampment site;
F. Conditions included in a special use permit for any temporary emergency homeless encampments on county land located within other local jurisdictions shall make any county issued permit subject to the land use permit process of that jurisdiction as required by law;
G. Proposed sites on private land in unincorporated King County shall require a temporary use permit, and application for a temporary use permit shall be made by SHARE/WHEEL and any sponsoring organization to the department of development and environmental services at least thirty days in advance of the desired date to commence such use;
H. SHARE/WHEEL and any sponsoring organization will abide by and incorporate all conditions and requirements identified by the county executive and revised county code with regard to community notification, maximum enrollment, environmental health and safety rules, buffers and boundaries, length of stay, individual identification requirements, warrant and sex offender checks, unannounced inspections by relevant public health and public safety agencies and other policies as deemed appropriate;
I. SHARE/WHEEL will assume responsibility for homeless encampment residents' behavior and to the extent allowed by law hold the county harmless for any and all injuries or property loss occurring within or as a result of a temporary emergency homeless encampment;
J. SHARE/WHEEL will move the temporary emergency encampment to other properties within ninety days;
K. SHARE/WHEEL will enforce its code of conduct at all times that prohibits the use of drugs and alcohol inside the encampment, prohibits weapons, violence, or open flames inside the encampment, and requires homeless encampment residents to respect each other and their neighborhood at all times and, if the code of conduct is not upheld, the agreement may be terminated by the county and the temporary emergency homeless encampment will immediately exit King County property;
L. The policies and sections of this motion will apply to any organization in addition to SHARE/WHEEL that chooses to provide homeless encampments in King County;
M. Special use permits obtained for any temporary emergency homeless encampment shall be deemed to be for a use having mutual and offsetting benefit to King County or for low-income residents, or for both, and therefore fees for these permits shall be waived; and
N. The metropolitan King County council directs the county executive to actively work on developing a long-term plan for ending homelessness in King County that would eliminate the need for temporary homeless emergency encampments within ten years and sets forth the following policy framework in the development of that plan:
1. The county executive shall work with faith-based groups, community organizations and not-for-profits to create an organized schedule for rotation of temporary emergency encampments at multiple sites across King County to ensure sufficient time is available for community notification and education and completion of permitting requirements before each relocation;
2. All suitable county-owned non-parks properties in incorporated and unincorporated King County will be carefully evaluated as possible sites for a temporary emergency homeless encampment and possible placement within the rotation of sites;
3. As part of its role as the regional coordinator of the implementation of the ten-year plan to end homelessness in King County, the county executive should pursue vigorous outreach to all of the county's thirty-nine cities to explore regional collaborations for assisting the homeless, including, but not limited to temporary emergency homeless encampments, creating additional alternative shelter and transitional housing, and developing affordable permanent housing for individuals and families.
4. The long-term plan should include phasing out of temporary emergency encampments as part of the ten-year plan for ending homelessness in King County; and
5. The county's strongest efforts shall be directed at creating more affordable and accessible permanent housing in communities across King County, as well as the
necessary supportive treatment and services needed to ensure the success of particularly vulnerable populations.