TO: Mayor and City Council
THROUGH: Kristin Retherford, Interim City Manager
FROM: Dan Atchison, City Attorney
SUBJECT:
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Resolution no. 2022-38, affirming the City Council decision approving the siting of a micro-shelter village at 1280 Center Street, NE.
Ward(s): Ward 1
Councilor(s): Stapleton
Neighborhood(s): NEN
Result Area(s): Safe Community; Welcoming and Livable Community.
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SUMMARY:
summary
Resolution No. 2022-38 affirms City Council’s decision to approve the siting of a micro-shelter village at 1280 Center Street, NE. City Council’s previous decision has been remanded by the Marion County Circuit Court for the City to include evidence and findings that the village will not cause any unreasonable risk to public health or safety.
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ISSUE:
Shall City Council adopt Resolution No. 2022-38 affirming City Council’s decision to approve the siting of a micro-shelter village at 1280 Center Street, NE?
RECOMMENDATION:
recommendation
Adopt Resolution No. 2022-38 affirming City Council’s decision to approve the siting of a micro-shelter village at 1280 Center Street, NE.
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FACTS AND FINDINGS:
At its January 24, 2022 meeting, City Council approved the siting of a micro-shelter village at 1275 Center Street, NE and potentially at two other locations in Salem (Front Street and Turner Road). Council’s decision was made under the dual authority of the City’s emergency powers in reliance on the City Council Unsheltered Residents Emergency Declaration, and House Bill 2006 (2021), which mandates that local governments approve emergency shelters, such as a micro-shelter village, if the shelters meet certain requirements, unless the shelter will cause an unreasonable risk to public health and safety.
Subsequent to Council’s decision, the owners of the Forum Apartments (Riches Property Management, LLC), which is adjacent to the site, filed a writ of review with Marion County Circuit Court challenging the City’s decision. The Court issued the writ and accompanying order, prohibiting the City from facilitating the preparation work for the village or its operation.
The Court has now remanded the decision to the City and tasked the City with considering specific issues regarding risks to public health and safety. The issues identified by the Court are:
1. Increased Foot Traffic - How the site will impact foot traffic approaching the Site and in the immediate areas surrounding the Site, and how these impacts will be mitigated for health and safety?
2. Vehicular Traffic - How the site will impact vehicular traffic approaching the Site and in the immediate areas surrounding the Site, and how those impacts will be mitigated for health and safety?
3. How the Site will interact with the Police to ensure any additional foot and vehicular traffic to the site will not exacerbate criminal activity both in and around the Site, or how any such exacerbation or impact will be mitigated by policy or Site security response?
4. Analyze whether and how the Site will attract unmanaged unsheltered and how and with what steps and processes that attraction will be mitigated,
5. Analyze how the site would or should be buffered from unmanaged unsheltered.
6. How the Site will -
a. Maintain the sobriety of its residents;
b. Maintain the mental health treatment compliance of its residents; and
c. Address criminal activity engaged in by its residents.
7. How the Site will respond to trespass and other property infringements by residents of the Site, visitors to the Site, or attracted vehicular or foot traffic to the Site.
The proposed resolution concludes, as supported by the substantial evidence in the record and facts and findings attached to the resolution, that the issues raised by the Court will not create any unreasonable risk to public health and safety;
1. Foot traffic in the vicinity of the village will not substantially increase due to prohibitions on services to non-village residents and a closed campus policy. Any increase will be addressed by outreach from Church at the Park, and City HOST Team resources.
2. Unmanaged camping will not increase in the vicinity attributable to the existence of the village, and any increase will be address by outreach from Church at the Park, and City HOST Team resources.
3. The site is not expected to have any significant impact on vehicular traffic in the vicinity, as determined by the City’s Public Works Department (Attachment 3 - Public Works Memorandum).
4. The proximity to the railroad will not create an unreasonable safety risk, due to Site design, the enhanced protections along the railway and enhanced pedestrian crossing safety facilities in place in the vicinity. (Attachment 4 - Site Plan)
5. There will be no significant increase in crime rates in the vicinity attributable to the village, its residents, or unsheltered individuals from unmanaged camps potentially drawn to the vicinity by the existence of the village, and any increase would be mitigated by enhanced police patrols, and village manager and HOST Team outreach. (Attachment 9 - Salem Police and City Manager Memorandum)
6. Village residents will receive wrap-around services addressing mental health, addiction and recovery, and housing. Village residents will be required to comply with a code of conduct, addressing potential behavioral issues. Further, the Village prohibits possession of alcohol or drugs at the site. Village residents will be provided transportation options as appropriate for access to commercial, mental health and medical providers and other services that occur off-site. (Attachment 7 - Letter from Church at the Park).
To address specific concerns regarding the potential for increased foot traffic, camping and crime in the vicinity attributable to the presence of the village, the City has committed to; increased police patrols in the vicinity to the extent resources allow, and prioritizing outreach by the newly created HOST Team, which City Council recently approved. Further, Church at the Park has agreed to ensure that the village managers, Site security, and staff will increase outreach in the vicinity of the park to redirect unmanaging campers to services and other options.
Attached to this report are; a memorandum from Public Works addressing traffic issues related to the village, a memorandum from Salem Police addressing the potential for crime in the vicinity and comparisons of crime data citywide and crime data near other existing shelters, a letter from Church at the Park providing more detailed information regarding the operation of the proposed micro-shelter village, and a white paper from Church at the Park, which analyzes the history and success of the other micro-shelter villages and Safe Park locations within the city (The white paper is also presented to City Council on tonight’s agenda in a separate but related report on the unsheltered situation.
The resolution and findings also rely on materials previously presented to City Council that are included in record of the Court proceeding.
BACKGROUND:
City Council declared a state of emergency related to unsheltered residents on October 11, 2021, and extended that declaration through June 28, 2022. On tonight’s agenda, staff is recommending that Council further extend the declaration through December 31, 2022, because emergency conditions related to unsheltered residents continue to exist. The approval and operation of this micro-shelter village is an important step in addressing the emergency conditions by providing a temporary, safe and habitable shelter for residents in need.
Dan Atchison
City Attorney
Attachments:
1. Resolution No. 2022-38
2. Exhibit A to Resolution - Facts and Findings
3. Exhibit B to Resolution - Memorandum from Public Works
4. Attachment 1 to Exhibit B - Site Plan
5. Attachment 2 to Exhibit B - Surrounding Improvements
6. Attachment 3 to Exhibit B - Multi-use path adjacent to railroad
7. Exhibit C to Resolution - Letter from Church at the Park
8. Exhibit D - Church at the Park White Paper
9. Exhibit E - Memorandum from Salem Police and the City Manager’s office