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UPDATE 7/23/07: An appeals court has ruled again in the City of Woodinville's favor and against SHARE/WHEEL and Northshore United Church of Christ, sponsors of Tent City 4, a homeless encampment of about 60 people that rotates among eastside King County cities and last stayed in Woodinville in Summer 2006.

In the ruling, the Court of Appeals upheld a previous King County Superior Court ruling that the homeless camp was required to obtain permits from the City before it established its encampment and that the group violated a previous contractual agreement it made with the City to abide by the City's rules and regulations.

The appeals court decision reaffirms that temporary encampments are subject to local government regulations and permit requirements and that they must abide by agreements they make with City governments. SHARE/WHEEL and the Northshore United Church of Christ are both expressly prohibited by the court order from bringing Tent City 4 back to Woodinville, without first securing the required permit(s) from the City.

UPDATE 8/13/06: On August 11, the City of Bothell has issued a Transitory Accommodations Permit to the First Evangelical Lutheran Church (located at 10201 NE 183rd Street, Bothell) allowing the Church to host Tent City4, a homeless encampment operated by SHARE/WHEEL, for 90 days beginning Aug. 12.

Media reports state TC4 rejected Bothell's permit and has relocated to the Woodinville Unitarian Universalist Church (19020 Woodinville Duvall Road) in unicorporated King County. For permitting questions, contact King County, Department of Development and Environmental Services
900 Oakesdale Ave. SW, Renton, WA 98057-5219, Phone: 206.296.6600 (TTY: 206.296.7217)

UPDATE 7/3/06: On 6/30/06, state Court of Appeals Commissioner Mary Neel denied the City's request to order S/W to post the "supersedeas" bond (see below). The City is appealing the Commissioner's 6/16 and 6/30 decisions. Beginning June 28, the City initiated code enforcement action against S/W for the establishment of a use (encampment) not permitted in the R-1 zone in violation of Woodinville Municipal Code (WMC) 21.50.030. Persons responsible for violations of WMC are subject to civil penalties as defined in WMC 1.06.110.

The City of Bothell has issued a Notice of a Land Use Application for the Transitory Accommodations Permit application from Bothell First Evangelical Lutheran Church (located at 10201 NE 183rd Street, Bothell). Beginning Wednesday, June 28, the City of Bothell will accept public comment on the Transitory Accommodations Permit application received by the Church to host Tent City4, a homeless encampment operated by SHARE/WHEEL. The 21 day public comment period lasts through 5 p.m. on July 19.

UPDATE 6/23/06: On 6/16/06, Washington State Court of Appeals Commissioner Mary Neel granted Northshore United Church of Christ (NUCC) and Share/Wheel's (S/W) motion for a stay. The motion was filed in response to the ruling on 6/9/06 by King County Superior Court Judge Charles Mertel that ordered the encampment to vacate the church property by midnight on 6/17/06. Both S/W and NUCC immediately filed for review of Judge Mertel's decision by Division I of the State Court of Appeals. By granting the stay, the ordered vacation of the church property by Judge Mertel will not be enforced while the appeal is pending in the Court of Appeals. Appeals Court Commissioner Neel also ordered that S/W had until 6/21/06 to respond to the City’s request for a $250,000 “supersedeas” bond. The City requested the bond to cover the costs the City is incurring during the Tent City 4 stay in Woodinville and its costs of litigation. S/W did submit two documents: "SW Objection to Respondent's Request for Supersedeas Security" and "S/W's Notice That Decision Is Superceded Without Bond." The City has until 6/23/06 to respond to NUCC & S/W’s response.

A ruling on the supersedeas motion is expected from Commissioner Neel the week of June 26. If a supersedeas bond in the amount ordered by Commissioner Neel is not posted, the stay on enforcement of Judge Mertel's order will be extinguished. In addition to the City having to respond to the Appeals Court ruling on the stay, it will be filing motions with the same Court of Appeals to have the Commissioner’s ruling be reviewed by a panel of Judges and for expedited review of Judge Mertel's rulings.

UPDATE 6/9/06: News Release, "Court Ruling Imposes June 17 Move Deadline for Tent City4"

UPDATE 6/6/06
At its 6/5/06 meeting, the City Council approved the contract with Omega Options International for TC4 security services and it removed the First Reading of Ordinance No. 417, proposed temporary encampment regulations, from the agenda.

Mediation continued this week but has yet to produce a settlement. Today, Judge Charles Mertel expressed that he anticipates ending public testimony tomorrow, extended the TRO through 6/7/06 and indicated that one additional extension may be necessary.

UPDATE 5/30/06
King County Superior Court has extended the temporary restraining order (TRO) through Friday, June 2, 2006 and has directed the City, NUCC and S/W to mediation.

The City Council will hold a Special Meeting on 5/31/06 to discuss matters concerning Tent City 4 and legal proceedings with Northshore United Church of Christ and Share/Wheel. There will be an Executive Session on current litigation, after which the City Council may take action with respect to this litigation.

The City is in receipt of written responses from NUCC and S/W to the City's subsequent offer to negoitiate the use of vacant city property. In each response both parties expressed satisfaction with the current location, concern about the cost and difficulties to move and a desire to seek solutions that benefit all parties.

UPDATE 5/18/06
On May 8, the City Council denied the request to allow the TC4 encampment to relocate to city owned property in the downtown. On May 12 the City filed a motion with King County Superior Court requesting that a temporary restraining order be issued by the Court to stop the encampment from relocating onto the Northshore United Church of Christ (NUCC) property in violation of city zoning permit requirements. The Court denied the City’s request to prevent the encampment’s relocation, and issued its own temporary restraining order that allows the encampment on the church property until the merits of the City’s lawsuit are resolved during a subsequent court proceeding currently scheduled for May 30, 2006. The Court’s TRO imposes conditions similar to the past encampment sitings in several other local jurisdictions. Under authority of the court’s temporary order, the encampment relocated to NUCC on May 13, 2006.

At its May 15 meeting, the City Council authorized the City Manager to ask NUCC and S/W if they would be interested in relocating the encampment on the city property (used in 2004) with certain conditions to apply. As of May 18, 2006, the City is awaiting a response from both parties.

UPDATE 5/12/06: News Release - "Court Ruling Imposes Restrictions on TC4 Use"

UPDATE 5/9/06: News Release - "Council Rejects Tent City Proposal"

UPDATE 5/2/06: Staff Report for May 8, 2006 City Council meeting.

UPDATE 5/1/06: SEPA Environmental Determination of Non-Signficance issued for proposal to relocate TC4 to city property.

UPDATE 4/28/06: News Release-"Tent City4 Requests Woodinville Property for May 13 Relocation." On May 8, 2006, the City Council will consider whether to allow the use of city property for TC4 beginning on May 13, 2006.

The Citizen Information Line (425.877.2269) has been activated. Updates will be recorded as they become available.

COMMUNITY CONCERNS: Q&A
The City appreciates you taking the time to contact us to understand more about temporary homeless encampments and the terms and conditions of Tent City4 locating in Woodinville. The information below will be updated as new information becomes available.

Q: What are the conditions imposed by King County Superior Court in its May 12, 2006 Temporary Restraining Order? (5/18/06)
In its own temporary restraining order (TRO), the Court imposed conditions and restrictions on the encampment allowing its use on the church property until the outcome of the preliminary injunction hearing currently scheduled for May 30, 2006. The Court’s TRO generally conditions the encampment to the substantive terms of the 2004 property use agreement (when the encampment occupied city owned property), requires compliance with Share/Wheel’s (S/W) Code of Conduct and imposes additional restrictions. To ensure compliance with the conditions and restrictions imposed by the TRO and preemptively address any violations of applicable City ordinances, the City’s Code Enforcement Officer is conducting regular inspections of the encampment. View the Court's May 12, 2006 Temporary Restraining Order.

Q: What security plan is in place? (5/18/06)
A: The City’s goal is to ensure public safety for all of our citizens. As was done in 2004, the City intends to continue relationship building with the church, TC4, surrounding neighbors and business owners. The City further intends to allocate appropriate city resources to properly monitor and respond to issues. Security is being provided by the City’s police department, a private security company and church volunteers.

At its May 15 meeting, the Council authorized the use of one of the City’s day shift officers to patrol the area during day time (school) hours. (Police services are contracted by the City with the King County Sheriff’s Office). Additionally, the Council authorized funding for private security. The City is working to develop a contract for professional services which will identify the scope of duties. Woodinville police officers and area King County Sheriff Deputies will conduct routine checks and investigations when warranted. The May 12, 2006 court ruling requires that Northshore United Church of Christ provide volunteer security during local school operating hours and school activities.

As with previous tent cities, TC4 pledges to self-police and self-manage its residents in accordance with its Code of Conduct that prohibits alcohol, drugs, weapons, fighting, abuse of any kind, littering or disturbing neighbors. All residents must sign an agreement to abide by this code of conduct and failure to do so can be cause for immediate expulsion. Residents form an Executive Committee that is responsible for site security, resident identification and donations management. One member of the Executive Committee is on duty, awake and available 24 hours per day.

The Police Department and the Crime Prevention Coordinator are working with neighbors on establishing Block Watch neighborhoods. To view crime prevention information, go to the Public Safety page.

For more information, contact current Police Chief Kate Larson at 425.877.2277. (See 6/6/06 update above)

Q: What measures are proposed to insure protection of public health and safety of local neighbors as well as temporary residents of any proposed Tent City?
A: Public Health Seattle-King County provides environmental health-related services to tent cities in order to promote a safe and healthy living environment for the residents of tent city and the surrounding neighborhoods. They provide on-site visits to discuss the maintenance and operations of toilet facilities, garbage control, obtaining potable water, hand washing and safe food handling practices. They visit each tent city as it is established and monitor the situation at each site. Public Health nurses with the Health Care for the Homeless Network provide on site visits, first aid kits, resource information and work to help Tent City residents link to community health care services. An express condition of the Superior Court’s temporary order requires SHARE/WHEEL to allow inspections by the Health Department and implement any directives issued by it. View an informational Tent City handout from Seattle-King County Public Health.(5/18/06)

Q: What measures are proposed to handle refuse and human waste on proposed sites?
A: As in 2004, a dumpster will be on site for the handling of refuse and it is regularly collected. Residents are forbidden to litter the camp or the surrounding neighborhood and regular patrols of tent city residents monitor the streets and sidewalks to ensure they are kept clean. SHARE/WHEEL provides portable toilets sufficient to the needs of up to 100 residents, which are regularly maintained. Hand washing stations are available adjacent to these toilets. Public Health staff monitor these conditions as noted above.

Q: Will open fires be allowed? Will fire prevention equipment be available on site?
A: According to SHARE/WHEEL, no open fires are allowed at a Tent City site (per the Code of Conduct). According to the Court’s TRO, the conditions of the 2004 property use agreement apply to the 2006 encampment. One of those conditions is that S/W grant inspections by the Fire Department without prior notice and will correct any non-compliance issues within 48 hours. Fire extinguishers are on site and posted according to the directives of the local fire departments.

Q: What was the cost to the City of Woodinville when Tent City4 used city property in 2004?
The cost of TC4 for the City in 2004, came in the form of direct outlays (i.e. site preparation) and in the form of already-budgeted staff time that was diverted from other priorities. The City Council authorized outlay expenditures for up to $5,000. In 2004, the City faced several challenges (appeals) that required legal consultation, representation, and additional staff work. According to the TC4 Summary Report, the total cost of TC4 was approximately $100,000. (The report was amended on 5/12/06 to correct a miscalculation of costs)

$3,623 = Site prepration (gravel) and maintainance (utilities).
$25,096 = City Attorney costs
$3,950 = Hearing Examiner costs
$67,928 = Administrative (staff cost)

Q: What is the status of the City’s proposed regulations for temporary encampments? (5/18/06)
As part of the 2005 Comprehensive Plan Annual Docket, the Planning Commission considered proposed regulations for temporary encampments in August 2005 and held a public hearing on September 14th. Following the public hearing, the Planning Commission forwarded recommendations to the City Council to amend Woodinville Municipal Code (WMC) Chapter 21 regarding temporary encampments. On January 17, 2006 the City Council held a study session to review the Planning Commission’s recommendations and on April 3, 2006, had first reading of proposed Ordinance No. 417. At its May 15, 2006 meeting, the City Council directed staff to place “second reading and adoption” of Ord. No. 417 is scheduled for May 22, 2006.

The proposed regulations would allow for temporary encampments locate in the General Business & Industrial Zones subject to the approval of a Temporary Use Permit. The draft regulations would allow for temporary encampments in all residential zones and the Office zone, Central Business zone and Public/Institutional zone with a valid Conditional Use Permit. The proposed regulations would prohibit temporary encampments in the Neighborhood Business and Tourist District zones. The draft regulations would require that a temporary encampment in any zone be subject to 25 development conditions.

Q: What’s King County doing about homelessness in the region?
A: Several regional groups are working to create long-term solutions to the problem of homelessness and many of them have come together to form the Committee to End Homelessness - a partnership of King County, United Way of King County, the Church Council of Greater Seattle, the City of Seattle, the Seattle-King County Coalition for the Homeless, Eastside and North Urban Human Service Alliances, and the South King County Council of Human Services. Contact The Committee to End Homelessness at 206.205.5506. (5/18/06)

The City of Woodinville is a member of the award-winning A Regional Coalition for Housing. Through its Housing Trust Fund investments in ARCH, Woodinville has invested in transitional housing projects. ARCH is also active in the Committee to End Homelessness. Additionally, the City of Woodinville funds human service providers that provide shelters for the homeless.

Who is SHARE/WHEEL?
SHARE/WHEEL, is the combined advocacy efforts of the Seattle-Housing and Resource Effort (SHARE) and the Women’s Housing Equality and Enhancement League (WHEEL). They have operated tent cities in the City of Seattle and other local cities in cooperation with the faith-based community.

Contact Information
Woodinville City Council

Jennifer Kuhn, City Clerk
City of Woodinville, 17301-133rd Avenue NE, Woodinville, WA 98072
Citizen Information Line at 425.877.2269

Reverend Paul Forman, Northshore United Church of Christ
18900 – 168th Avenue NE, Woodinville, WA 98072
425-483-6557

Scott Morrow, SHARE/WHEEL
PO Box 2548, Seattle, WA 98111
206.448.7889

Tent City4 in Woodinville (2004)
In 2004, Tent City 4 (TC4), a homeless encampment, established itself on undeveloped city-owned park land. A TC4 Summary Report was created to chronicle the events and experiences of having TC4 in the City of Woodinville. Below are links to the Report and it's appendices.

Tent City Final Report (corrected 5/9/06)

Attachment 4: Aug. 10 Q&A Understanding Temporary Shelters for the Homeless (handout)

Attachment 8: Temporary Property Use Agreement (8/27/04)

Attachment 1: Ord. 369

Attachment 5: Ord. 370

Attachment 9: Addendum to Temporary Property Use Agreement

Attachment 2: Staff Report for TUP 2004-072

 

Attachment 6: Ord. 371


Attachment 10: Compliance Results, Temporary Property Use Agreement

Attachment 3: Aug. 10, Special City Council Meeting Agenda Handout

Attachment 7: Ord. 372

Attachment 11: TUP Permit Issued by Hearing Examiner (10/14/04)

Complete copies of the Final Report are available for public review and copying at City Hall during regular office hours. Copy fees may apply. Contact Jennifer Kuhn, City Clerk, for more information.

ONLINE RESOURCES

Washington Administrative Code (WAC)

Revised Code of Washington (RCW)


King County Dept. of Community & Human Services


Citizens' Advisory Commission on Homeless Encampments


King County Committee to End Homelessness


Seattle King County Coalition for the Homeless

A Regional Coalition for Housing


US Dept of Justice, Civil Rights Division, Housing & Enforcement Section, Religious Land Use & Institutionalized Persons Act

 

Page last modified: July 5, 2017

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