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01-02-2024 Council Packet - RegularCITY OF �. Federal Way Centered on Opportunity CITY COUNCIL REGULAR MEETING AGENDA City Hall — Council Chambers* January 2, 2024 — 6:30 p.m. 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. CEREMONIES & RECOGNITION a. Ceremonial Oath of Office by King County Superior Court Judge LeRoy McCullough • Position 1: Councilmember Lydia Assefa-Dawson b. Ceremonial Oaths of Office by Federal Way Municipal Court Judge David Larson • Position 3: Councilmember Susan Honda • Position 5: Councilmember Jack Walsh • Position 7: Councilmember Linda Kochmar c. Election of Council President & Oath of Office d. Election of Deputy Mayor & Oath of Office The City Council will recess briefly for a reception to honor the newly elected Councilmembers. 4. MAYOR'S EMERGING ISSUES AND REPORT • Report on the 2024 Legislative Agenda Breakfast hosted at the Federal Way Community Center on December 18. • Upcoming Events: 2024 Council Retreat at Dumas Bay Centre on Saturday, February 3; MLK Jr. Event on Monday, January 15 at the Performing Arts and Event Center at 10:30 a.m. • Mayor's State of the City Address at the Performing Arts and Event Center on Thursday, February 15 at 6:00 p.m. 5. PUBLIC COMMENT RULES: In accordance with State Law, the City of Federal Way prohibits any testimony regarding any campaign for election or promotion of, or opposition to, any ballot proposition during the public comment. Council Rules prohibit any personal, impertinent, threatening or slanderous remarks, and no speaker may convey or donate their time for speaking to another speaker. All individual comments are limited to 3 minutes each. The Mayor may interrupt any speaker whose comments continue too long, relate negatively to others, disparage people based on race, national origin, gender, sexual orientation or other protected status, or are otherwise unconducive to a civil meeting. The Mayor has the authority to preserve order at all meetings of the Council, and to cause the removal of any person from any meeting for disorderly conduct. The City Council may amend this agenda and take action on items not currently listed. Regular Meetings are recorded and televised on Government Access Channel 21 and viewable on FW YouTube. For more information, or to view agenda materials and access public comment sign-up options, please visit www.citvoffederalway.com. To request accommodations or assisted listening devices, please contact the City Clerk prior to the meeting. *Remote attendance available via Zoom meeting code: 363 503 282 and passcode: 738163; or https://cityoffederalway.zoom.us/i/363503282?pwd=VmIocGOrdFVVTURaQnloRUIQOTQ4ZzO9 6. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS • Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) • Land Use/Transportation Committee (LUTC) • Finance, Economic Development Regional Affairs Committee (FEDRAC) • Lodging Tax Advisory Committee (LTAC) • Deputy Mayor & Regional Committees Report • Council President Report 7. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval, all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: December 5, 2023 Regular and Special Meetings; December 18, 2024 Legislative Breakfast Summary b. Citywide Variable Lane Use Control — Project Acceptance c. Middle Housing Grant and Interlocal Agreement 8. COUNCIL BUSINESS a. Arts Commission Appointments b. Youth Commission Appointment c. Lodging Tax Advisory Commission Appointments 9. ORDINANCES First Reading a. Council Bill #872/Ordinance: Adoption of State Mandated Building and Construction Codes AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO THE ADOPTION OF THE 2021 WASHINGTON STATE BUILDING CODE AND RELATED MATTERS; AMENDING FWRC 13.16.020, 13.16.030, 13.20.050, 13.20.090, 13.22.020, 13.22.030, 13.26.020, 13.26.030, 13.28.020, 13.28.030, 13.31.020, 13.31.030, 13.34.020, 13.34.030, 13.38.020, 13.41.020, 13.43.020, 13.43.030, AND ADDING CHAPTER 13.47 FWRC, INCLUDING SECTIONS 13.47.010, 13.47.020, AND 13.47.030 (AMENDING ORDINANCE NOS. 01-389, 04-465, 07-563, 09-595, 10-665, 13-743, 15-793, 17-830 AND 21-910). Presentation: Scott Sproul, Building Official Public Comment — 3 minutes each b. Council Bill #873/Ordinance: Licensing Permanent Supportive Housing and Transitional Housing, and Emergency Housing and Shelter AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON RELATING TO LICENSING OF PERMANENT SUPPORTIVE HOUSING AND TRANSITIONAL HOUSING, AND EMERGENCY HOUSING AND SHELTER, AMENDING FWRC 12.35.070 AND 12.35.080 (AMENDING ORDINANCE NO. 22-929). Presentation: Keith Niven, Community Development Director Public Comment — 3 minutes each The City Council may amend this agenda and take action on items not currently listed. Regular Meetings are recorded and televised on Government Access Channel 21 and viewable on FW YouTube. For more information, or to view agenda materials and access public comment sign-up options, please visit www.citvoffederalway.com. To request accommodations or assisted listening devices, please contact the City Clerk prior to the meeting. *Remote attendance available via Zoom meeting code: 363 503 282 and passcode: 738163; or https://cityoffederalway.zoom.us/i/363503282?pwd=VmIOcGOrdFVVTURaQnlORUIQOTQ4ZzO9 Second Reading/Enactment c. Council Bill #871/Ordinance: Update to Indemnification Policy AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON RELATING TO INDEMNIFICATION OF CITY OFFICIALS AND EMPLOYEES; AMENDING FWRC 2.05.030, 2.05.040, 2.05.050, 2.05.060, 2.05.070, 2.05.090, 2.05.100, AND 2.05.120. (Amending Ordinance Nos. 89-05, 09-600, 10-666 and 10-669) 10. COUNCIL REPORTS 11. EXECUTIVE SESSION Pending/Potential Litigation Pursuant to RCW 42.30.110(1)(i) Sale or Lease of Property Pursuant to RCW 42.30.110(1)(c) 12. ADJOURNMENT The City Council may amend this agenda and take action on items not currently listed. Regular Meetings are recorded and televised on Government Access Channel 21 and viewable on FW YouTube. For more information, or to view agenda materials and access public comment sign-up options, please visit www.citvoffederalway.com. To request accommodations or assisted listening devices, please contact the City Clerk prior to the meeting. *Remote attendance available via Zoom meeting code: 363 503 282 and passcode: 738163; or https://citvoffederalway.zoom.us/i/363503282?pwd=VmlocGOrdFVvTURaQnloRUIQOTQ4Zz09 Return to Agenda COUNCIL MEETING DATE: January 2, 2024 ITEM #: 7a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should the City Council approve the draft minutes for the December 5, 2023 Regular and Special Meetings and December 18, 2023 Special Meeting/Legislative Agenda Summary? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: City Clerk Attachments: December 5, 2023 Regular Meeting Draft Minutes December 5, 2023 Special Meeting Draft Minutes December 18, 2023 Special Meeting/Legislative Agenda Draft Summary Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A N/A DIRECTOR APPROVAL: Committee Council lnisiallliale Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A N/A N/A N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # Return to Agenda CITY of Federal Way Centered on opportunity CITY COUNCIL REGULAR MEETING MINUTES City Hall - Council Chambers December 5, 2023 - 6:30 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 6:31 p.m. bR*4*&)P City officials in attendance: Mayor Jim Ferrell, Council President Linda Kochmar, Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Paul McDaniel, Councilmember Hoang Tran, Councilmember Jack Walsh, and Councilmember Jack Dovey. City staff in attendance: City Attorney Ryan Call, City Clerk Stephanie Courtney, and City Administrator Brian Davis. 2. PLEDGE OF ALLEGIANCE Boy Scout Troop # 361 presented the colors and led the flag salute. COUNCIL PRESIDENT KOCHMAR MOVED TO AMEND THE AGENDA TO ADD AN ITEM FOR AUTHORIZATION TO APPLY FOR KING COUNTY SHELTER GRANT AS ITEM 7(i) TO COUNCIL BUSINESS; SECOND BY COUNCILMEMBER DOVEY. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember McDaniel yes 3: MAYOR'S EMERGING ISSUES AND REPORT Mayor Ferrell provider a reminder of the 2024 Legislative Breakfast on Monday, December 18 beginning at 7:30 a.m. at the Federal Way Community Center. The City Council will be meeting with 30th District Legislators to discuss important issues. The Mayor reported on successful holiday events including the free family movie at the Performing Arts and Event Center on November 25; the Jingle Bell Brunch on December 2; and the Annual Tree Lighting at Town Square Park on December 2. Cookies with Mrs. Claus is scheduled for Thursday, December 14 at the Community Center. The next scheduled City Council meeting in December is cancelled per Council Rules of Procedure, and noted City Hall closures in observance of the holidays. Mayor Ferrell reported the City Council Annual Retreat has been scheduled for Saturday, February 3 at Dumas Bay Centre. He referenced various meetings and visits in the last few Federal Way City Council Regular Minutes Page 1 of 9 December 5, 2023 Return to Agenda weeks, and reminded everyone of pedestrian safety. 4. PUBLIC COMMENT Owen Russell spoke on behalf of four local Boy Scout troops; sharing about an upcoming Christmas tree recycling event. Susan Strong addressed the Day Center and questioned how to help the homeless while maintaining the safety of the City. Trenise Rogers encouraged additional engagement of youth in government and shared the challenges on the Diversity Commission due to vacant positions. Keena Smith shared about Contagious Christian and their outreach program for homeless. Mary Ehlis announced the Historical Society's Annual Holiday Open House at Steel Lake Annex. Mark Christie expressed displeasure with the Federal Way School Board and believes they are not conducting open public meetings. Mary Gates spoke on behalf of the Arts Foundation sharing their name change to Arts Foundation Federal Way. George Bannan shared his passion for helping the homeless and is concerned with efforts to limit panhandling near Rite Aid. Geoffrey Tancredi shared his experiences, as a member of a non-profit group, has spoken to drug - addicted individuals living in encampments. Laura Leah Jackson expressed concern that she is a targeted individual and deals with extreme social isolation. Three remote commenters, who did not sign-up to speak or provide a name for the record, were interrupted by the Mayor, for remarks considered hate -speech and in violation with the Council Rules of Procedure — Public Comment Section 5.1. Written comments were received from Roland Whitehurst. Brett Thomas, and Ann M. Gygi. Comments were provided to Council via email prior to the meeting. 5. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) - Councilmember Walsh reported the next committee meeting will be January 9. Land Use/Transportation Committee (LUTC) - Councilmember Dovey reported the next committee meeting has been rescheduled to January 8, 2024, due to the holiday. Finance, Economic Development Regional Affairs Committee (FEDRAC) - Councilmember Tran reported on the previous committee meeting and noted the December meeting is canceled. The next meeting will be January 23. Lodging Tax Advisory Committee (LTAC) - Councilmember Assefa-Dawson reported the Federal Way City Council Regular Minutes Page 2 of 9 December 5, 2023 Return to Agenda committee did not meet this month; the next meeting is scheduled for January 10. Deputy Mayor & Regional Committees Report - Deputy Mayor Honda provided information on AWC classes for newly elected and re-elected officials. She reported on meeting with the Edmonds City Council and staff, thanking staff for the information presented. She provided an overview of the regional Boards and Committees she attends. Council President Report Council President Kochmar represented the at the Korean Youth Symphony sharing they are excellent group doing a lot of volunteer. She reported Poverty Bay will have an open house next Saturday, December 9, to support the community and help women out of abuse. Council President invited all to attend the Legislative Breakfast and overviewed the topics to be discussed. 6. CONSENT AGENDA a. Minutes: November 21, 2023 Regular and Special Meeting b. Monthly Financial Report — October 2023 c. AP Vouchers 10/16 — 11/15/2023 and Payroll Vouchers 11/01—11/30/2023 d. Interlocal to Establish the Greater Federal Way Community Emergency Management Program (GFWCEM) e. Granicus Proposal and Master License and Services Agreement f. 2024 Senior Advisory Commission Annual Work Plan g. Washington Department of Corrections Master Agreement Amendment hr,. TFeuve Apartment ti_Family Tax Exempt! 1n (MFTE) Gnn+r^sn+ puffed i Tdebi Ie Site Lease Ag-ree TT^"'�.nt--'BRA fT4 R' kes pulled 1 " M Site Lease gr emsRt � ,U. +� c, , � pulled k. Resolution: Adopting 2024 Fee Schedule/APPROVED RESO. NO. 23-850 Councilmember McDaniel pulled item (h) Trouve Apartment Multi -Family Tax Exemption (MFTE) Contract. Councilmember Dovey pulled items (i) T-Mobile Site Lease Agreement — BPA/Twin Lakes and 0) T-Mobile Site Lease Agreement — Lakota Park. COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF THE CONSENT AGENDA ITEMS (a) THROUGH (g) & (k); SECOND BY COUNCILMEMBER WALSH. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember McDaniel yes Federal Way City Council Regular Minutes Page 3 of 9 December 5, 2023 Return to Agenda Item (h) Trouve Apartment Multi -Family Tax Exemption (MFTE) Contract: Councilmember McDaniel noted his hesitance to support this item as the tax -exemption is intended as an incentive, and this project was already in development. COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF THE CONSENT AGENDA ITEM (h); SECOND BY COUNCILMEMBER DOVEY. The motion passed 4-3 as follows (Assefa- Dawson, McDaniel, and Honda dissenting) Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda no Councilmember Walsh yes Councilmember Assefa-Dawson no Councilmember Dovey yes Councilmember McDaniel no Item (i) T-Mobile Site Lease Agreement — BPA/Twin Lakes, and Item 0) T-Mobile Site Lease Agreement — Lakota Park: Councilmember Dovey announced he was recusing from these items as he does business with T-Mobile. COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF THE CONSENT AGENDA ITEMS (i) and 0); SECOND BY COUNCILMEMBER WALSH. The motion passed 6-0, with (1) recusal as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes Councilmember Assefa-Dawson yes Councilmember Dovey recused Councilmember McDaniel yes 7. COUNCIL BUSINESS a. Federal Way Community Center Locker Room Architect Community Relations Liaison/Contract Administrator Autumn Gressett provided a report on the Community Center renovations and the locker room project. Regular updates to Council will be provided as the project progresses. Council thanked Ms. Gressett for the presentation and asked clarifying questions regarding the budget and construction timeline. COUNCILMEMBER WALSH MOVED APPROVAL OF THE PROPOSED CONTRACT AND TO AUTHORIZE THE MAYOR TO EXECUTE SAID CONTRACT; SECOND BY COUNCILMEMBER DOVEY. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember McDaniel yes b. Cisco WebEx Calling Agreement Upgrade IT Director Thomas Fichtner provided a presentation noting the benefits to migrating the city's phone system to Cisco WebEx which would provide easier management and utilize existing equipment. This agreement locks pricing for 5-years with the option to Federal Way City Council Regular Minutes Page 4 of 9 December 5, 2023 Return to Agenda extend an additional 3-years, which will save money and provide flexibility. Council thanked Mr. Fichtner for the presentation and asked various clarifying questions regarding how this affects other city facilities and technical questions regarding cloud storage. COUNCILMEMBER TRAN MOVED APPROVAL OF THE PROPOSED PURCHASE FROM ZONES, LLC, AND AUTHORIZE THE MAYOR TO EXECUTE THE AGREEMENT FOR A TERM OF FIVE YEARS AND A TOTAL NOT TO EXCEED $395,000 SECOND BY COUNCILMEMBER ASSEFA- DAWSON. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember McDaniel yes c. Core Network Upgrade IT Director Thomas Fichtner provided details on the Cisco Core Network Upgrade which will provide a robust foundation for the City's network and allow for redundancy and fault tolerance. He explained the necessity of this upgrade and detailed the equipment included. In conclusion, Director Fichtner overviewed the total cost of the hardware, license and support in year -one, and ongoing support costs moving forward. Council thanked Director Fichtner for the presentation and inquired about Cisco certification for IT staff. COUNCILMEMBER TRAN MOVED APPROVAL OF THE PROPOSED PURCHASE FROM ZONES, LLC, FOR A TOTAL NOT TO EXCEED $195,000; SECOND BY COUNCIL PRESIDENT. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes -Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember McDaniel yes d. ARPA Business Resiliency Program Economic Development Director Tanja Carter provided information regarding the potential purchase of four (4) additional mobile surveillance units (MST) with ARPA funds from the Business Resiliency Program. Currently, the Police Department deploys two (2) MST's, with an additional two (2), units on order. Upon Council approval, an additional four (4) trailers will be purchased, bringing the total to eight (8) units. These eight (8) units would be circulated bi-weekly upon business request. COUNCILMEMBER TRAN MOVED TO APPROVE THE USE OF ARPA FUNDS AS OUTLINED WITH THE MODIFICATION THAT ALL FUNDS PROPOSED FOR USE IN A WINDOW REPLACEMENT PROGRAM WILL INSTEAD BE USED TO PURCHASE ADDITIONAL MOBILE SURVEILLANCE TRAILERS; SECOND BY COUNCILMEMBER DOVEY. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember McDaniel yes Federal Way City Council Regular Minutes Page 5 of 9 December 5, 2023 Return to Agenda e. North Lake Management District Advisory Committee Appointments COUNCILMEMBER WALSH MOVED TO MAKE THE FOLLOWING APPOINTMENTS TO THE NORTH LAKE MANAGEMENT DISTRICT ADVISORY COMMITTEE TERRY THOMAS II TO A VOTING POSITION WITH A TERM TO EXPIRE MARCH 31, 2025; LORI SECHRIST TO A VOTING POSITION WITH A TERM TO EXPIRE MARCH 31, 2025; AND BRIAN HONEY TO A VOTING POSITION WITH A TERM TO EXPIRE MARCH 31, 2025; SECOND BY COUNCIL PRESIDENT KOCHMAR. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember McDaniel yes f. Steel Lake Management District Advisory Committee Appointments COUNCILMEMBER WALSH MOVED TO MAKE THE FOLLOWING APPOINTMENTS TO THE STEEL LAKE MANAGEMENT DISTRICT ADVISORY COMMITTEE: BRUCE MYERS TO A VOTING POSITION WITH A TERM TO EXPIRE DECEMBER 31, 2025; MELISSA HAMILTON TO A VOTING POSITION WITH A TERM TO EXPIRE DECEMBER 31, 2025; MARGARET REYHNER TO A VOTING POSITION WITH A TERM TO EXPIRE DECEMBER 31, 2025; JEREMY BENSON TO A VOTING POSITION WITH A TERM TO EXPIRE DECEMBER 31, 2025; SECOND BY COUNCIL PRESIDENT KOCHMAR. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmemberpovey yes Councilmember McDaniel yes g. Diversity Commission Appointments COUNCILMEMBER WALSH MOVED TO MAKE THE FOLLOWING APPOINTMENTS TO THE DIVERSITY COMMISSION: SAUDIA ABDULLAH TO A VOTING POSITION WITH A TERM TO EXPIRE MAY 31, 2025 AND CHIKA ONYEJIAKA TO A VOTING POSITION WITH A TERM TO EXPIRE MAY 31, 2025; SECOND BY COUNCILMEMBER ASSEFA-DAWSON The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmemberpovey yes Councilmember McDaniel yes h. Confirmation of Independent Salary Commission Appointments COUNCIL PRESIDENT KOCHMAR MOVED TO MAKE THE FOLLOWING CONFIRMATIONS OF THE INDEPENDENT SALARY COMMISSION AS FOLLOWS: ROGER FLYGARE AND KENNY BYRNE TO VOTING POSITIONS WITH TERMS TO EXPIRE FEBRUARY 28, 2027 AND GORDON BOCK TO AN ALTERNATE POSITION WITH A TERM TO EXPIRE FEBRUARY 28, 2026; SECOND BY ASSEFA-DAWSON. Councilmembers asked clarifying questions regarding this Commissions process and timeline. Federal Way City Council Regular Minutes Page 6 of 9 December 5, 2023 Return to Agenda The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes Councilmember Assefa-Dawson yes Councilmemberpovey yes Councilmember McDaniel yes Added item: Request for Authorization to Apply for King County Shelter Grant Community Services Manager Sarah Bridgeford provided information on a non - matching grant opportunity announced on December 4, 2023 from King County. If successful, the grant funds would support the Federal Way FUSION family shelter who anticipates an operations budget gap of $250,000 in 2024, with similar gaps in subsequent years. This funding would fill the 2024 shortfall and allow FUSION to seek additional funding for future years. Council thanked Ms. Bridgeford for the presentation and asked clarifying and logistical questions regarding capacity of the shelter. COUNCIL PRESIDENT KOCHMAR MOVED TO AUTHORIZE STAFF TO APPLY FOR THE KING COUNTY SHLETER GRANT FUNDING; SECOND BY COUNCILMEMBER WALSH. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember McDaniel yes 8. ORDINANCES First Reading a. Council Bill #871/Ordinance: Update to Indemnification Policy AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON RELATING TO INDEMNIFICATION OF CITY OFFICIALS AND EMPLOYEES; AMENDING FWRC 2.05.030, 2.05.040, 2.05.050, 2.05.060, 2.05.070, 2.05.090, 2.05.100, AND 2.05.120. (Amending Ordinance Nos. 89-05, 09-600, 10-666 and 10-669) City Attorney Ryan Call presented information on the update to the city's indemnification policy to reflect the long-standing practice at the City to indemnify employees and officials for their official acts done within the scope of their employment. He overviewed the specific changes to the policy, which was originally enacted in 1989 as part of the city's creation. No public comments were received. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER TRAN MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE JANUARY 2, 2024 COUNCIL MEETING FOR SECOND READING AND ENACTMENT, SECOND BY COUNCIL PRESIDENT KOCHMAR. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes Federal Way City Council Regular Minutes Page 7 of 9 December 5, 2023 Return to Agenda Councilmember Assefa-Dawson yes Councilmember Dovey Councilmember McDaniel yes Second Reading/Enactment yes b. Council Bill #868/Ordinance: 2623 Annual Comprehensive Plan Amendments APPROVED ORDINANCE NUMBER 23-976 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE FEDERAL WAY COMPREHENSIVE PLAN, THE COMPREHENSIVE PLAN MAP, AND ZONING MAP; DESIGNATING A DOWNTOWN ARCHITECTURAL OVERLAY; CHANGING THE COMPREHENSIVE PLAN DESIGNATION AND ZONING OF APPROXIMATELY 20 ACRES LOCATED NORTH OF S 316TH STREET BETWEEN PETE VON REICHBAUER WAY S AND 23RD AVE S, FROM CITY CENTER FRAME (CC-F) TO CITY CENTER CORE (CC-C); AND CHANGING THE COMPREHENSIVE PLAN DESIGNATION AND ZONING OF 19.05 ACRES OF LAND LOCATED ON THE NORTH SIDE OF S 320TH STREET, EAST OF 1-5, FROM MULTI -FAMILY (RM2400) TO COMMERCIAL ENTERPRISE (CE). (Amending Ordinance Nos. 90-43, 95-248, 96-270, 98-330, 00-372, 01-405, 03-442, 04-460, 04-461, 04- 462, 05-490, 05-491, 05-492, 07-558, 09-614, 10-671, 11-683, 13-736, 13-745, 15-796, 15-798, 18-843, 19-866, 21-907, 22-938 23-954, 23-956 AND 23-967) City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER DOVEY MOVED APPROVAL OF THE PROPOSED ORDINANCE, SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember McDaniel . yes c. Council Bill #869/Ordinance: Code Amendments Relating to City Center -Core and City Center Frame/APPROVED ❑RDWANCE NUMBER 23-977 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO DEVELOPMENT REGULATION AMENDMENTS APPLICABLE TO THE CITY CENTER CORE (CC-C) AND CITY CENTER FRAME (CC-F) ZONES AND ADOPTION OF A DOWNTOWN ARCHITECTURAL OVERLAY; AMENDING FWRC 19.05.040, 19.05.060, 19.05.160, 19.110.080, 19.115.020, 19.115.050, 19.115.060, 19.115.070, 19.115.090, 19.120.030, 19.125.060, 19.190.010, 19.225.010, 19.225.015, 19.225.020, 19.225.030, 19.225.040, 19.225.050, 19.225.055, 19.225.060, 19.225.070, 19.225.075, 19.225.080, 19.225.090, 19.225.100, 19.225.105 19.225.110, 19.225.120, 19.225.130, 19.225.140, AND 19.230.030; ADDING FWRC 19.245.020 AND 19.110.025; AND REPEALING FWRC 19.130.150. (Amending Ordinance Nos. 90-43, 93-170, 96-270, 96-271, 97-291, 97-296, 97- 300, 99-333, 00-363, 01-382, 01-385, 01-390, 01-399; 02-424, 03-443, 05-506, 06-515, 06- 542, 07-554, 07-559, 08-585, 09-593, 09-604, 09-605, 09-610, 09-630, 09-633, 10-678, 12- 724, 12-727, 12-735, 13-750, 13-754, 14-778, 15-797, 17-834, 18-844, 18-850, 20-898, 21- 921, 22-929, 22-930, 22-932, 23-949, 23-958, 23-961, and 23-963) City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER DOVEY MOVED APPROVAL OF THE PROPOSED ORDINANCE; SECOND BY COUNCILMEMBER TRAN The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember McDaniel yes Federal Way City Council Regular Minutes Page 8 of 9 December 5, 2023 Return to Agenda d. Council Bill #870/Ordinance: Amendments to Wild Waves Concomitant Development Agreement/APPROVED ORDINANCE NUMBER 23-978 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO AMENDING THE ENCHANTED PARKS, INC. CONCOMITANT DEVELOPMENT AGREEMENT (AMENDING ORDINANCE NOS. 98-310 AND 17-840) City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER DOVEY MOVED APPROVAL OF THE PROPOSED ORDINANCE; SECOND BY COUNCILMEMBER TRAN. Deputy Mayor Honda spoke to clarify why she does nOt support the development of warehouses in this area. The motion passed 6-1 as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda no Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Davey yes Councilmember McDaniel yes 9. COUNCIL REPORTS Councilmember Assefa-Dawson expressed looking forward to 2024. Councilmember McDaniel congratulated his friend elected to the Milton City Council and wished everyone a happy holiday. Councilmember Tran thanked staff for a productive year and wished everyone a Merry Christmas and Happy New Year. Councilmember Walsh commented on the privilege of working with the Mayor and staff; he wished a Merry Christmas and shared information on his upcoming musical performance. Councilmember Dovey thanked the Council and staff for a great year, and wished a Merry Christmas and great new year in 2024. Deputy Mayor Honda noted her excitement for the coming year and the changes in the downtown. She reported on local holiday events and a Toy Drive, thanking specific community members for their generosity. She wished a happy holiday to all. Council President Kochmar thanked Council colleagues, the Mayor, and staff for working together on projects big and small. 10. ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 9:16 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 9 of 9 December 5, 2023 Return to Agenda CITY OF �. Federal Way Centered on Opportunity CITY COUNCIL SPECIAL MEETING MINUTES City Hall - Council Chambers* December 5, 2023 - 4:30 p.m. 1. CALL MEETING TO ORDER Council President Kochmar called the meeting to order at 4:31 p.m. City officials in attendance: Council President Linda Kochmar, Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson (attended remote; joined the meeting in person at 5:05 p.m.), Councilmember Paul McDaniel, Councilmember Hoang Tran (joined the meeting at 4:55 p.m.), Councilmember Jack Walsh, and Councilmember Jack Dovey. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Council President Kochmar led the flag salute. 3. COMMISSION INTERVIEWS The City Council interviewed four (4) individuals for the North Lake Management District Advisory Committee; six (6) individuals for Steel Lake Management District; and two (2) individuals for the Diversity Commission. 4. ADJOURNMENT There being nothing further on the agenda; the special meeting was adjourned at 5:34 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Special Minutes Page 1 of 1 December 5, 2023 Return to Agenda CITY OF Federal Way Centered on Opportunity 1140*P 2024 LEGISLATIVE AGENDA BREAKFAST CITY COUNCIL SPECIAL MEETING SUMMARY WITH 30TH DISTRICT STATE LEGISLATORS Federal Way Community Center — Community Room December 18, 2023 - 8:00 a.m. 1. Welcome and Introductions Mayor Ferrell called the meeting to order at 7:44 a.m. City officials in attendance: Mayor Jim Ferrell, Council President Linda Kochmar, Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson (attended via Zoom), Councilmember Paul McDaniel, Councilmember Hoang Tran, and Councilmember Jack Walsh. Mayor Ferrell excused Councilmember Lydia Assefa-Dawson and Councilmember Jack Dovey. Mayor Ferrell welcomed State Senator Claire Wilson and State Representative Jamila Taylor representing the 30th District, along with Lobbyists Jim Hedrick and Luke Esser. State Representative Kristine Reeves was unable to attend due to a meeting in Washington D.C. Mayor Ferrell led the flag salute. 2. Discussion of Priorities for the 2024 Legislative Session a. Public Safety Councilmember Walsh provided information along with Police Chief Andy Hwang on the Council's Public Safety priorities. Topics included police pursuits, data on car theft and property crime in the city and state, the need for mental health and addiction resources. Additionally, Councilmember Walsh addressed parental/guardian juvenile consent and support for King County "Guardian One". b. Transportation Deputy Mayor Honda provided information with Public Works Director EJ Walsh on transportation priorities including the 3731d traffic roundabout, City Center Access Project, SW 336th and SW 340th corridor project, and reprioritizing the Triangle Project. c. Capital Budget Request Councilmember Hoang Tran provided information along with support from Parks Director John Hutton on the capital budget request of 1.5M for two (2) turf fields at Celebration Park, which would increase playability, tournament revenue, and Federal Way City Council Legislative Breakfast Summary Page 1 of 2 December 18, 2023 Return to Agenda decrease maintenance costs. d. Local Control Council President Kochmar spoke to the importance of retaining local control and autonomy as the city plans for growth. e. Condominium Liability and Housing Affordability Council President Linda Kochmar spoke to the lack of affordability in the housing market and lack of interest by developers and ask for support for liability reform along with proactive tools that support density and generational living. f. Other Initiatives Councilmember Paul McDaniel spoke to other issues important to the Council which include funding additional EV chargers in the city and NetZero Building incentives for residential, commercial and government buildings for green building. 3. Response & Goals of Legislators to the Agenda Senator Claire Wilson provided responses to the legislative items and noted pride in representing the 30th District. Senator Wilson noted the Committees she sits on and the programs she supports to address the root cause of many of the concerns and issues raised including gun control, restorative justice, and social programs. Representative Jamila Taylor noted the Committees she sits on and her new role in the House of Representatives. Representative Taylor provided feedback on the Council's legislative priorities and acknowledged the need for more regional beds to address behavioral health issues and homelessness. She also spoke to addressing privacy and data sharing, which effects all residents. Senator Wilson and Representative Taylor thanked the Council for the invitation today and look forward to continuing the conversation. The Mayor and Council thanked the legislators for their collaboration. 4. Wrap -Up and Adjournment State Lobbyist Jim Hedrick and Luke Esser shared their viewpoint of the dynamic 60-day session. Mr. Hedrick believes balance will be the key to success with any proposed changes to the pursuit laws, and noted major WSDOT cost overruns will affect and cause reprioritization of transportation projects. Mr. Esser provided a recap of the substantial road and highway project funding for City Center and FW Link Light Rail. Mayor Ferrell adjourned the special meeting at 9:06 a.m. Attest Stephanie Courtney City Clerk Approved by Council: Legislative Breakfast/City Council Special Meeting Summary Page 2 of 2 December 5, 2023 Return to Agenda COUNCIL MEETING DATE: January 2, 2024 ITEM #: 7b CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITYWIDE VARIABLE LANE USE CONTROL - PROJECT ACCEPTANCE POLICY QUESTION: Should the Council accept the Citywide Variable Lane Use Control Project, constructed by Northeast Electric, LLC as complete? COMMITTEE: Land Use and Transportation CATEGORY: MEETING DATE: December 4, 2023 ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: John Mulkey, P.E. Senior Civil Engineer JRM DEPT: Public Works Attachments: 1. Memorandum to LUTC dated December 4, 2023 Options Considered: 1. Authorize final acceptance of the Citywide Variable Lane Use Control project constructed by Northeast Electric, LLC in the amount of $465,775.55. 2. Do not authorize final acceptance of the Citywide variable Lane Use Control project and rp ovide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: DIRECTOR APPROVAL: �ounII —43 Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option 1 to the January 2, 2024 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSLW COUNCIL MOTION: "I 'toe to authorize final acceptance of the Citywide Variable Lane Use Control project constructed by Northeast Electric, LLC in the amount of ,$465, 775.55. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # Return to Agenda CITY OF FEDERAL WAY MEMORANDUM DATE: December 4, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Directors'(/ W-11 John Mulkey, P.E., Senior Civil Engineer JRM SUBJECT: Citywide Variable Lane Use Control - Project Acceptance Financial Impacts: Construction of the Citywide Variable Lane Use Control project is complete and there are no additional contract expenditures anticipated. Ongoing costs associated with operations and maintenance will be funded through Traffic Maintenance funds which are reviewed and adjusted as required during the budget process. Background Information: The City Council approved the award of this contract to Northeast Electric, LLC on May 19, 2020, and authorized a maximum contract amount of $489,487.00 (including contingency). Additional Funds were authorized by Council on October 17, 2020 to add an additional intersection resulting in a revised maximum contract amount of $664,638.00. Prior to the release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet the requirements of the State Departments of Revenue, Employment Security, and Labor & Industries. The Citywide Variable Lane Use Control Project constructed by Northeast Electric, LLC. is complete. The final construction contract amount is $465,775.55. This is $196,862.45 below the authorized maximum contract amount. Rev. 7/18 Return to Agenda COUNCIL MEETING DATE: January 2, 2024 ITEM #:_ 7c CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: MIDDLE HOUSING GRANT AND INTERLOCAL AGREEMENT POLICY QUESTION: Should the City of Federal Way accept a $75,000 grant to implement Middle Housing in compliance with 11111110 and authorize the Mayor to execute an Interlocal Agreement with the Washington State Department of Commerce? COMMITTEE: Land Use and Transportation MEETING DATE: December 4, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Chanev Skadsen DEPT: CD Attachments: 1. Staff Report 2. Interlocal Agreement Options Considered: 1. Accept the $75,000 Middle Housing grant and authorize the Mayor to execute the Interlocal Agreement with the Washington State Department of Commerce. 2. Do not accept the Middle Housing rant and provide direction to staff. MAYOR'S RECOMMEND TION: Option 1. on MAYOR APPROVAL: JI DIRECTOR APPROVAL: r F 11.20.23 • colncar 91, InitiaMate COMMITTEE RECOMMENDATION: I move to forward the Middle Housing grant and associated Interlocal Agreement with the Washington State Department of Commerce to the January 2, 2024, consent agenda for Chair J c a , Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move approval of the $75,000 Middle Housing grant and authorize the Mayor to execute an Interlocal Agreement with the Washington State Department of Commerce. " BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # Return to Agenda CITY OF FEDERAL WAY MEMORANDUM DATE: November 20, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Keith Niven, AICP, CEcD, Community Development Director Chaney Skadsen, Senior Planner ,P, SUBJECT: Middle Housing Grant and Interlocal Agreement FINANCIAL IMPACTS The City would accept a $75,000 grant for Middle Housing from the Washington State Department of Commerce. There is no local match requirement for accepting the grant. BACKGROUND INFORMATION The 2023-2025 State Operating Budget (Senate Bill 5187) directs the Washington State Department of Commerce to administer grants and provide technical assistance to cities or counties for actions relating to adopting ordinances that plan for and accommodate housing. Commerce will make approximately $4.5 million available in statewide grants to implement House Bill 1110 (2023) supporting the development of middle housing. HB 1110 defines "Middle housing" as "buildings that are compatible in scale, form, and character with single-family houses and contain two or more attached, stacked, or clustered homes including duplexes, triplexes, fourplexes, fiveplexes, sixplexes, townhouses, stacked flats, courtyard apartments, and cottage housing." A key provision of the bill mandates that cities adhere to its specifications and terms within six months of the subsequent periodic update required under RCW 36.70A.130. In this case, the City of Federal Way is scheduled to adopt the Periodic Update to the Comprehensive Plan December of 2024. Consequently, the City is under obligation to implement and conform to the mandates of HB 1110 by June 2025. LOCAL REGULATIONS CONCERNING MIDDLE HOUSING In the City of Federal Way there are 9 zoning districts predominately zoned for residential uses. These zones are depicted in color on the map below and will be under consideration and evaluated for Middle Housing as part work funded by the grant. Return to Agenda November 21, 2023 Land Use and Transportation Committee Authorize Acceptance of Middle Housing Grant Page 2 arr or Federal Way CMICrpd on Oppolr"alry Tacoinn Zones Considered for Middle Housing 'n 3..f I r i E..i r:�. r / Milton i Map Data: Sapfambw 2023 City of Federal Wry Gig DWlalen 33325 Slh Ave S Federal Way, WA WN3 (253) M-7000 wwvi dryolfedaral"y cam 0 City Limits Federal Way Zoning Designations: RS7 2 - 1 Unit 17.200 Square Feel Neighboring City MULT1iAMILYZONES RS9.6 - 1 Unit / 9,600 Square Feel Unincorporated Areas _ RM1800. 1 Unit! 1,600 Square Feel RS15.0 - 1 Unit / 15,000 Square Feet Q Zoning Boundary (Outline) RM24DO - 1 Unit / 2,400 Square Feet RS35,0 - 1 Unit 135,1100 Square Feel — Arterial Street RM36DO - 1 Unit / 3,600 Square Feet SE - 1 Unit / 5 Acres Divided Freeway SINGLE FAMILY ZONES Collector Street , : RS5.0 -1 Unit 15,000 Square Feet Return to Agenda November 21, 2023 Land Use and Transportation Committee Authorize Acceptance of Middle Housing Grant Page 3 The applicable development regulations and permitted uses for the zoning districts predominately zoned for residential uses are contained within three chapters of Title 19 Zoning and Development Code of the Federal Way Revised Code (FWRC), see list below. 1. FWRC 19.195 Suburban Estates (SE: This chapter regulates only one zoning district, Suburban Estates (SE). This zone has a minimum lot size of 5 acres. 2. FWRC 19.200 Single Family Residential (RS): This chapter regulates four zones based on the minimum lot size. o RS5.0 minimum lot size of 5,000 sq. ft. o RS7.2 minimum lot size of 7,200 sq. ft. o RS9.6 minimum lot size of 9,600 sq. ft. o RS 15.0 minimum lot size of 15,000 sq. ft. o RS 35.0 minimum lot size is 35,000 sq. ft. 3. FWRC 19.205 Multifamily Residential. (RK: This chapter regulates three zones based on the minimum square footage required per unit for multifamily, and maximum density and minimum lot size for zero lot line townhomes and attached housing units (such as middle housing). o RM1800 maximum 24 units per acre, minimum lot size of 1,500 sq. ft. for zero lot line o RM2400 maximum 18 units per acre, minimum lot size of 1,500 sq. ft. for zero lot line o RM3600 maximum 12 units per acre, minimum lot size of 2,250 sq. ft. for zero lot line The table below demonstrates which middle housing typologies are permitted (green) and not allowed (red) for all 9 zoning districts predominately zoned for residential uses. Middle Housing Typology Residential Use Zones SE RS5.0 RS7.2 RS9.6 RM1800 RS 15.0 RM2400 RS 35.0 RM3600 Du lexes Triplexes Fourplexes Five lexes Six lexes Townhouses Stacked flats Courtyard apartments Cottage housing Return to Agenda November 21, 2023 Land Use and Transportation Committee Authorize Acceptance of Middle Housing Grant Page 4 It is worth noting that in zones where middle housing uses are permitted often additional regulations apply that may create barriers and limit the feasibility of middle housing projects within the City of Federal Way. These regulations will be further evaluated throughout the course of the grant. Return to Agenda r■0r Washington State %of Commerce Interagency Agreement with Federal Way through Growth Management Services Contract Number: 24-63326-115 For Middle Housing Grant Dated: Date of Execution Return to Agenda `4!� Washim),on State 6E�..-mess of 94 Commeive Table of Contents Tableof Contents.................................................................................................,.........................2 FaceSheet ......................................................................................................................................3 Special Terms and Conditions.....................................................................................................4 1. AUTHORITY................................................................................................................................... 4 2. CONTRACT MANAGEMENT......................................................................................................4 3. COMPENSATION..........................................................................................................................4 5. SUBCONTRACTOR DATA COLLECTION...............................................................................5 6. INSURANCE........................................................................................................................--....... 5 7. FRAUD AND OTHER LOSS REPORTING...............................................................................5 8. ORDER OF PRECEDENCE.........................................................................................................5 GeneralTerms and Conditions............................................................................................................6 1. DEFINITIONS...............................................................................................................................6 2. ALL WRITINGS CONTAINED HEREIN..................................................................................................6 3. AMENDMENTS..................................................................................................................................6 4. ASSIGNMENT.....................................................................................................................................6 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION............................................................6 6. COPYRIGHT.........................,..............................................................................................................7 7. DISPUTES.........................................................................................................................................- 7 8. GOVERNING LAW AND VENUE............................................................................................... .....8 9. INDEMNIFICATION............................................................................................................................ 8 10. LICENSING, ACCREDITATION AND REGISTRATION........................................................................8 11. RECAPTURE...................................................................................................................................8 12. RECORDS MAINTENANCE..............................................................................................................8 13. SAVINGS................. ................. ................................................. ................................................... 8 14. SEVERABILITY................................................................................................................................ 8 15. SUBCONTRACTING........................................................................................................................9 16. SURVIVAL......................................................................................................................................9 17. TERMINATION FOR CAUSE............................................................................................................9 18. TERMINATION FOR CONVENIENCE...............................................................................................9 19. TERMINATION PROCEDURES........................................................................................................9 20. TREATMENT OF ASSETS..............................................................................................................10 21. WAIVER.......................................................................................................................................11 AttachmentA: Scope of Work..........................................................................................................12 AttachmentB: Budget......................................................................................................................15 Page 2 of 15 Return to Agenda 1016 washuiy:rmState ^.mans of %or C;orruTterc� Face Sheet Contract Number: 24-63326-115 Local Government Division Growth Management Services Middle Housing Grants 1. Contractor 2. Regional Planner Federal Way 33325 8th Ave S Carol Holman Federal Way, WA-98003 Carol.Holman@commerce.wa.gov 3. Contractor Representative 4. COMMERCE Representative Chaney Skadsen Anne Aurelia Fritzel 1011 Plum Street SE Senior Planner Housing Planning Manager Olympia, WA 98504 253-835-2644 or 253-569-1772 360-259-5216 Chaney.Skadsen@cityoffederalway.com Anne.Fritzel@commerce.wa.gov 5. Contract Amount 6. Funding Source 7. Start Date 8. End Date $75000 Federal: ❑ State: ® Other: ❑ N/A: ❑ Date of Execution June 15, 2025 9. Federal Funds (as applicable) Federal Agency: ALN N/A N/A N/A 10. Tax ID # 11. SWV # 12. UBI # 13. UEI # N/A 00-1595700 601-223-538 N/A 14. Contract Purpose For activities that support the preparation and adoption of policies and/or codes and other measures specific to implement middle housing (RCW 36.70A.030(26)) by applicable statutory deadlines. COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized to bihd their respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract and the following documents incorporated by reference: Contractor Terms and Conditions including Attachment "A" — Scope of Work, and Attachment "B" — Budget. FOR CONTRACTOR FOR COMMERCE Jim Ferrell, Mayor Mark K. Barkley, Assistant Director Local Government Division Signature Date Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL APPROVAL ON FILE Page 3 of 15 Return to Agenda ..r Washinp:onSLale r:, Special Terms and Conditions 1. AUTHORITY COMMERCE and Contractor enter into this Contract pursuant to the authority granted by Chapter 39.34 RCW. 2. CONTRACT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Contract. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Contract. The Representative for the Contractor and their contact information are identified on the Face Sheet of this Contract. 3. COMPENSATION COMMERCE shall pay an amount not to exceed $75000 (seventy-five thousand dollars), for the performance of all things necessary for or incidental to the performance of work under this Contract as set forth in the Scope of Work. 4. BILLING PROCEDURES AND PAYMENT COMMERCE will pay Contractor upon acceptance of deliverables provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE not more often than monthly nor less than quarterly. The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work performed, the progress of the project, and fees. The invoice shall include the Contract Number 24- 63326-115. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Contract. No payments in advance or in anticipation of services or supplies to be provided underthis Agreement shall be made by COMMERCE. Invoices and End of Fiscal Year Invoices are due on the 20th of the month following the provision of services. Final invoices for a state fiscal year may be due sooner than the 20th and Commerce will provide notification of the end of fiscal year due date. The Contractor must invoice for all expenses from the beginning of the contract through June 30, regardless of the contract start and end date. Duplication of Billed Costs The Contractor shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other source, including grants, for that service. Any payment made by COMMERCE Page 4 of 15 Return to Agenda Washington Slate �4& C0111TIR T(V for costs that are determined to be duplicate, in Commerce's sole determination, shall be subject to recapture and may result in suspension or termination of this Contract. Disallowed Costs The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. COMMERCE may, in its sole discretion, withhold ten percent (10%) from each payment until acceptance by COMMERCE of the final report (or completion of the project, etc.). 5. SUBCONTRACTOR DATA COLLECTION Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as agreed by the parties, regarding work under this Contract performed by subcontractors and the portion of Contract funds expended for work performed by subcontractors, including but not necessarily limited to minority -owned, woman -owned, and veteran -owned business subcontractors. "Subcontractors" shall mean subcontractors of any tier. 6. INSURANCE Each party certifies that it is self -insured under the State's or local government self-insurance liability program, and shall be responsible for losses for which it is found liable. 7. FRAUD AND OTHER LOSS. REPORTING Contractor shall report in. writing all known or suspected fraud or other loss of any funds or other property furnished under this Contract immediately or as soon as practicable to the Commerce Representative identified on the Face Sheet. 8. ORDER OF PRECEDENCE In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes and regulations • Special Terms and Conditions • General Terms and Conditions • Attachment A — Scope of Work • Attachment B — Budget Page 5 of 15 Return to Agenda iof %81V Comn wi", General Terms and Conditions 1. DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to act on the Director's behalf. B. "COMMERCE" shall mean the Washington Department of Commerce- C. "Contract" or "Agreement" or "Grant" means the entire written agreement between COMMERCE and the Contractor, including any Attachments, documents, or materials incorporated by reference. E-mail or Facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. D. "Contractor" or "Grantee" shall, mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. E. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers, and "Protected Health Information" under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). F. "State" shall mean the state of Washington. G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms "subcontractor' and "subcontractors" mean subcontractor(s) in any tier. 2. ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 3. AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 4. ASSIGNMENT Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of COMMERCE. 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION A. "Confidential Information" as used in this section includes: I. All material provided to the Contractor by COMMERCE that is designated as "confidential" by COMMERCE; ii. All material produced by the Contractor that is designated as "confidential" by COMMERCE; and Page 6 of 15 Return to Agenda .. Washina'.on Slate Depa-mient of Iri►IF Commerce IN. All Personal Information in the possession of the Contractor that may not be disclosed under state or federal law. B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Contract whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 6. COPYRIGHT Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty - free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 7. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make Page 7 of 15 Return to Agenda 1 Washing.on Slate ®� col I I I 1101'(11 a determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. 8. GOVERNING LAW AND VENUE This Contract shall be,construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 9. INDEMNIFICATION Each party shall be solely responsible for the acts of its employees, officers, and agents. 10. LICENSING ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 11. RECAPTURE In the event that the Contractor fails to perform this Contract in accordance with state laws, federal laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Contract. 12. RECORDS MAINTENANCE The Contractor shall maintain books, records, documents, data and other evidence relating to this contract and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. The Contractor shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 13. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 14. SEVERABILITY The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the contract. Page 8 of 15 Return to Agenda zC= Wasliiny:onState aF.'j: -•{-j 15. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of COMMERCE. If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach in the performance of the Contractor's duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 16. SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 17. TERMINATION FOR CAUSE In the event COMMERCE determines the Contractor has failed to comply with the conditions of this contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be terminated or suspended. In the event of termination or suspension, the Contractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to terminate the contract. A termination shall be deemed a "Termination for Convenience" if it is determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this contract are not exclusive and are, in addition to any other rights and remedies, provided by law. 18. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days' written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 19. TERMINATION PROCEDURES Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract, may require the Contractor to deliver to COMMERCE any property specifically produced or Page 9of15 Return to Agenda llykn;hilI State Dep-:rrwni of �a►► C:oimmem° acquired for the performance of such part of this contract as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract. COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Contractor shall: A. Stop work under the contract on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the contract that is not terminated; C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the contract had been completed, would have been required to be furnished to COMMERCE; F. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and G. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this contract, which is in the possession of the Contractor and in which COMMERCE has or may acquire an interest. 20. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this contract, or (ii) commencement of use of such property in the performance of this contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. Page 10 of 15 Return to Agenda ��►� Washing:un Slate Dep.—TTELBI ❑4 %lilF C;bimn7�ltix1 A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this contract. B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Contractor or which results from the failure on the part of the Contractor to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this contract. E. All reference to the Contractor under this clause shall also include Contractor's employees, agents or Subcontractors. 21. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of COMMERCE. Page 11 of 15 Return to Agenda 'Washing -.on Slate 'ti►q Co ramie m Attachment A: Scope of Work Grant Objective: Conduct middle housing specific community outreach, prepare and adopt a housing ordinance addressing Middle Housing that implements the requirements of HB 111 ending Federal, Way Revised Cade. Actions/Steps/ Description Start Date End Date Deliverables Plan and Publish Middle Housing Action 1 Public Engagement Materials June 2023 May 2024 Step 1.1 Develop middle housing public Sep 2023 Dec 2024 engagement plan Buy subscription to Engage HQ host Step 1.2 Middle Housing webpage Dec 2024 May 2024 informational materials, surveys, for the public Deliverable 1 Middle Housing Public Engagement Plan and Engagement Materials May 2024 Draft middle housing amendments to Action 2 the Housing Chapter of the July 2023 May 2024 Comprehensive Plan to comply with HB 1110 Draft amendments to text, goals, Step 2.1 policies, actions of the Housing July 2023 May 2024 Chapter specific to HB 1110 Hold public meetings, outreach events, identify and conduct outreach to vulnerable populations, inform and Step 2.2 solicit feedback from stakeholders, July 2023 May 2024 develop and update social media materials specific to HB 1110. Deliverable 2 Draft amendments to text, goals, policies, and actions to the Housing Chapter of the Comprehensive Plan May 2024 specific to HB 1110 Page 12 of 15 Return to Agenda �ea Waf�shing'.on Stale UE(aE�.mt'fil tlf ' irk CmM, Action 3 Adopt text, goals, policies, and actions to the Housing Chapter Mar 2024 Jan 2025 specific to HB 1110 Transmit draft Housing Chapter amendments addressing Middle Step 3.1 Housing to the State for State agency June 2024 Aug 2024 review (RCW 36.70A.106). Issue Environmental Review (SEPA) Planning Commission Public Step 3.2 Hearing(s) Jul 2024 Aug 2024 Land Use and Transportation Step 3.3 Committee consideration of Planning Aug 2024 Oct 2024 Commission recommendation City Council adopt ordinance (as part Step 3.4 of Comprehensive Plan Periodic Nov 2024 Dec 2024 Update) addressing Middle Housing Adopt Middle Housing related text, goals, policies and action specific to Deliverable 3 HB 1110 as part of the Housing Jan 2025 Chapter to the Periodic Update of the Comprehensive Plan Prepare Draft Middle Housing Action 4 Development Regulation Jan 2024 April 2025 Amendments Analysis of options for HB 1110 compliance. Meetings with Planning Step 4.1 Commission on direction for Jan 2024 Aug 2024 development regulation amendments Audit existing development Step 4.2 regulations for needed middle housing Jan 2024 Aug 2024 related amendments Review Commerce Middle Housing Step 4.3 Model Ordinance and other resources Mar 2024 Sep 2024 Deliverable 4 Draft Housing ordinance amending development regulations addressing April 2025 Middle Housing Adopt development regulations Action 5 addressing Middle Housing July 1, 2024 June 15, 2025 Page 13 of 15 Return to Agenda Washington Stale .40 ( f)il]Til TCV Transmit draft Housing ordinance addressing Middle Housing to the Step 5.1 State for State agency review (RCW Dec 2024 Feb 2025 36.70A.106). Issue Environmental Review (SEPA) Step 5.2 Planning Commission Public Hearing Feb 2025 Mar 2025 Land Use and Transportation Step 5.3 Committee consideration of Planning April 2025 May 2025 Commission recommendation City Council adoption of development Step 5.4 regulation amendment ordinance for May 2025 June 202S addressing Middle Housing Deliverable 5 Adopted Housing ordinance addressing Middle Housing June 15, 2025 Page 14 of 15 Return to Agenda U.lashing:on Stale Depa"trnent of ►4oa Commerce Attachment B: Bud et Grant Objective: Conduct middle housing specific community outreach, prepare and adopt a housing ordinance addressing Middle Housing that implements the requirements of HB 1110 amending Federal Way Revised Code. Deliverable 1: Public Engagement Plan and Engagement Materials Deliverable 2: Draft amended Housing Chapter to the Comprehensive Plan Deliverable 3: Adopt Middle Housing related goals, policies and action as part of the Periodic Update of the Comprehensive Plan Deliverable 4: Draft Housing ordinance amending development regulations addressing Middle Housing Deliverable 5: Adopted Housing ordinance addressing Middle Housing Total: Fiscal Year Commerce Funds FYI — May 2024 $25,000 FYI — May 2024 $12,500 FY2—Jan 2025 $10,000 FY2 — April 2025 $12,500 FY2 —June 2025 $15,000 f 1 $75,000 Page 15 of 15 Return to Agenda COUNCIL MEETING DATE: January 2, 2024 ITEM #: a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL EMEN SUBJECT: ARTS COMMISSION APPOINTMENT POLICY QUESTION: Should the City Council appoint a member to the Arts Commission? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office Background: The Arts Commission is comprised of nine (9) voting and up to two (2) alternate members who are appointed by the City Council to serve three-year terms (per FWRC 2.50.030). There are currently three vacant voting positions and two alternate positions due to term expirations and previous council appointments. Three applications were received in response to the City Clerk's recruitment process. At their January 2, 2024 Special Meeting the City Council interviewed Iveta Felzenberg and Vickie Chynoweth (current commissioners seeking reappointment) and Maryna Pukas (new applicant). Options Considered: 1. Make appointments to Arts Commission as follows: Pos. Name Type Position Term Ea iration 4 1. Voting 12/31/2026 7 2. Voting 12/31/2026 9 3. Voting 12/31/2026 2. Direct the City Clerk to advertise for additional applicants for the Arts Commission. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A N/A DIRECTOR APPROVAL: �. L7.�21t?s"`2 Committee Council �• Initial(Datc Initial/Date InitiaMate PROPOSED COUNCIL MOTION: "I move the following appointments to the Arts Commission... " .BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL it ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2o19 RESOLUTION # Return to Agenda COUNCIL MEETING DATE: January 2, 2024 ITEM #: 8b CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: YOUTH COMMISSION APPOINTMENTS POLICY QUESTION: Should the City Council appoint members to the Youth Commission? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: City Clerk Background: The Youth Commission is comprised of twelve voting and three alternate members who are appointed by the City Council to serve two-yearterms (per FWRC 2.60.040). Members may include freshman through seniors who attend high school within the city limits, attend a high school that is part of the Federal Way School District (FWSD), or reside within the city limits. There is currently one vacant voting and three vacant alternate positions due to term expirations. Two applications were received in response to the City Clerks Department ongoing recruitment process. At their January 2, 2024 Special Meeting, the City Council interviewed beth—appliGan Andrew Hamilton and Maf-y Mbugu&.4unable to attend) Options Considered: 1. Make appointments to the Youth Commission as follows: Name Position Type Terns Expiration 1. Voting 08/31/2025 2. Alternate 08/31/2025 2. Direct the City Clerk to advertise for additional applicants. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A N/A DIRECTOR APPROVAL: Committee Council Initial ate Initial/Date Initial/Date PROPOSED COUNCIL MOTION: "I move the following appointments... (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 4/2019 RESOLUTION # Return to Agenda Q COUNCIL MEETING DATE: January 2, 2024 ITEM #: CJ C CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: LODGING TAX ADVISORY COMMITTEE APPOINTMENTS POLICY QUESTION: Should the City Council appoint new members to the Lodging Tax Advisory Committee? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtne , Ci Clerk DEPT: City Clerks Background: The Lodging Tax Advisory Committee (LTAC) is comprised of a minimum of five members who are appointed by the City Council to serve two-year terms. Per FWRC 2.75.020, members must represent businesses that are required to collect lodging tax or businesses authorized to be funded by lodging tax revenues (a minimum of two each) and the number of members who collect tax and those who are funded by the tax revenue must be equal. Currently there is one vacant position to represent those involved in activities authorized to be funded by lodging tax revenue and one vacant position to represent businesses collecting the tax. To meet the requirement of equal types of members, either all positions must be filled or only one position representing businesses collecting the tax. At their January 2, 2024 Special Meeting the City Council interviewed two applicants seeking reappointment applicants: Mike Dunwiddie (funded by tax) and Kristin Wells (collect tax). Options Considered: 1. Make appointments to Lodging Tax Advisory Committee as follows: Pas. Name type Position Term, 2 1. Funded by Tax 10/31/2025 3 2. Collect Tax 10/31/2025 2. Direct the City Clerk to advertise for additional applicants for the Lodging Tax Advisory Committee. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: N/A N/A DIRECTOR APPROVAL:] lnitialMa e PROPOSED COUNCIL MOTION: `I move the following appointments to the Lodging Tax Advisory Committee... " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # Return to Agenda 9a COUNCIL MEETING DATE: January 2, 2024 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: ADOPTION OF STATE MANDATED BUILDING AND CONSTRUCTION CODES POLICY QUESTION: Should the City of Federal Way amend the Federal Way Revised Code (FWRC) Title 13, "Building" to adopt state mandated and local construction codes? COMMITTEE: Land Use/Transportation Committee MEETING DATE: December 4, 2023 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Scott Sproul, 13ttiIdiii a Official SS DEPT: Community Development Attachments: 1. Staff Report t: t1-� d w-! Oq Iti3 C V i� � I 2. Ordinance Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: APPROVAL: Initial/Date 7-3 %ECOMMENDATION: I move to forward the proposed ordinance to first reading on j p&L4pi �I 4 -v"cz, . mittee Bair Mornmittee Member Committee Member COUNCIL MOTION(S): FIRST READING OF ORDINANCE (JANUARY 2, 2024): "I move to forward the proposed ordinance to the January 16, 2024 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (JANUARY 16, 2024): "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ - APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 11/2019 COUNCIL BILL # First reading Enactment reading ORDINANCE # RESOLUTION# Return to Agenda CITY OF FEDERAL WAY MEMORANDUM DATE: January 2, 2024 TO: City Council VIA: Jim Ferrell, Mayor FROM: Scott Sproul, Building Official W., SUBJECT: Adoption of State Mandated Building and Construction Codes Financial Impacts: The adoption of the 2021 Building Codes does not have any current or future impacts to the City Budget. The adoption process follows a three-year code -revision cycle. Background Information: The proposed ordinance will adopt and amend the currently state -mandated 2018 International Building Codes, Uniform Plumbing Code, National Electrial Code, and other building constructuion regulations pursuant to RCW 19.27, 19.27A, and 19.28. The model codes are revised by the publishers on a three-year cycle. The model code are then adopted by the state and, as a jurisdiction within the state, the City of Federal Way is required to enforce these codes. In addition, the City may amend the codes as needed to provide consistent enforcement. B. DISCUSSION The construction codes enforced by the City fall into two categories: "state mandated codes" and "local codes" adopted by a jurisdiction. State mandated codes are required to be enforced at the city and county level pursuant to RCW 19.27, 19.27A, and 19.28. Cities adopt codes at the local level in order to reconcile these codes wth other regulatory requirements and established fee resolutions.. City of Federal Way Local codes are permissible and are needed in order to provide enforcement for local building requirements. State Mandated Codes: Building Code — International Building Code (IBC) as amended by Washington State Residential Code — International Residential Code (IRC) as amended by Washington State Existing Building Code -International Existing Building Code (IEBC) as amended by Washington State Rev. 7/18 Return to Agenda Mechanical Code — International Mechanical Code (IMC) as amended by Washington State Fire Code — International Fire Code (IFC) as amended by Washington State Property Maintenance Code — International Property Maintenance Code (IMPC) Plumbing Code — Uniform Plumbing Code (UPC) as amended by Washington State Electrical Code —National Electrical Code (NEC) as amended by Washington State Energy Code — International Energy Conservation Code as amended by Washington State (Washington State Energy Code) Factory Assembled Structures, Washington State Standard for the Installation of Factory Assembled Structures International Wildland-Urbun Interface Code (IWUIC) as amended by Washington State Local Codes Adopted by Federal Way: Swimming Pools — Hot Tubs — Spas (these regulations were drafted to regulate swimming pools and provide for fencing) Update following LUTC: South King Fire requested their proposed amendments be delayed — allowing for Fire staff to provide the Council with complete responses to the questions raised at Committee without delaying the update of the construction codes. So. King Fire proposed amendments will be submitted separately for Council consideration in Q 12024. The Ordinance before the Council does not contain the proposed amendments from So. King Fire. Rev. 7/18 Return to Agenda CITY OF FEDERAL WAY MEMORANDUM DATE: December 4, 2023 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: Scott Sproul, Building Official SS SUBJECT: Adoption of State Mandated Building and Construction Codes Financial Impacts: The adoption of the 2021 Building Codes does not have any current or future impacts to the City Budget. The adoption process follows a three-year code -revision cycle. Background Information: The proposed ordinance will adopt and amend the currently state -mandated 2018 International Building Codes, Uniform Plumbing Code, National Electrial Code, and other building construction regulations pursuant to RCW 19.27, 19.27A, and 19.28. The model codes are revised by the publishers on a three-year cycle. The model codes are then adopted by the state and, as a jurisdiction within the state, the City of Federal Way is required to enforce these codes. In addition, the City may amend the codes as needed to provide consistent enforcement. B. DISCUSSION The construction codes enforced by the City fall into two categories: "state mandated codes" and "local codes" adopted by a jurisdiction. State mandated codes are required to be enforced at the city and county level pursuant to RCW 19.27, 19.27A, and 19.28. Cities adopt codes at the local level in order to reconcile these codes wth other regulatory requirements and established fee'resolutions. Local codes are permissible and are needed in order to provide enforcement for local building requirements. South King Fire and Rescue is proposing changes the 2021 International Fire Code. The City may make changes to the Building Codes only if they make the requirements more stringent than the State adopted Codes. The following additional requirements are proposed: 1. IFC 503.2.7 Grade. The grade of the fire apparatus access road shall be within the limits established by the fire code official based on the fire Rev. 7/18 Return to Agenda department's apparatus. The maximum cross slope grade shall not exceed 5% 2. IFC Section 907.8.1.1 is hereby created as follows: 907.8.1.1 Fire alarm panel replacement. Required fire alarm systems per IFC 907.2 that require a fire alarm panel replacement, shall meet current code as adopted by Washington State to include the alarm notification and initiation devices State Mandated Codes: Building Code — International Building Code (IBC) as amended by Washington State Residential Code — International Residential Code (IRC) as amended by Washington State Existing Building Code -International Existing Building Code (IEBC) as amended by Washington State Mechanical Code — International Mechanical Code (IMC) as amended by Washington State Fire Code — International Fire Code (IFC) as amended by Washington State Property Maintenance Code — International Property Maintenance Code (IMPC) Plumbing Code — Uniform Plumbing Code (UPC) as amended by Washington State Electrical Code — National Electrical Code (NEC) as amended by Washington State Energy Code — International Energy Conservation Code as amended by Washington State (Washington State Energy Code) Factory Assembled Structures, Washington State Standard for the Installation of Factory Assembled Structures International Wildland- Urban Interface Code (IWUIC) as amended by Washington State Local Codes Adopted by Federal Way: Swimming Pools — Hot Tubs — Spas (these regulations were drafted to regulate swimming pools and provide for fencing) Rev. 7/18 Return to Agenda ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to the adoption of the 2021 Washington State Building Code and related matters; amending FWRC 13.16.020, 13.16.030, 13.20.050, 13.20.090, 13.22.020, 13.22.030, 13.26.020, 13.26.030, 13.28.020, 13.28.030, 13.31.020, 13.31.030, 13.34.020, 13.34.030, 13.38.020, 13.41.020, 13.43.020, 13.43.030, and adding Chapter 13.47 FWRC, including sections 13.47.010,13.47.020, and 13.47.030 (Amending Ordinance Nos. 01-389, 04-465, 07-563, 09-595, 10-665, 13-743, 15-793, 17-830 and 21- 910). WHEREAS, the Revised Code of Washington ("RCW") mandates enforcement and provides authority to the City of Federal Way Washington to administer and enforce the Washington State Building Code Act (Chapter 19.27 RCW), the Washington State Energy Code (Chapter 19.27A RCW), Washington State regulations regarding electricians and electrical installations (Chapter 19.28 RCW), Washington State regulations regarding installation and permitting of factory assembled structures (Chapters 43.22 and 43.22A RCW), the Growth Management Act as it applies to the construction of buildings (Chapter 36.70A RCW), and related matters within the incorporated boundaries of the City of Federal Way, Washington; and WHEREAS, these Washington State laws include amendments as adopted and included by the State of Washington; and WHEREAS, certain amendments, appendices, and other regulations are optional, and where applicable, are enforceable if adopted specifically by the City of Federal Way. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. FWRC 13.16.020 is hereby amended to read as follows: Ordinance No. 24- Page I of 20 Rev 2/19 Return to Agenda 13.16.020 204821 International Building Code adopted. The 204-921 Edition of the International Building Code (IBC), including the following appendix chapters: (1) Appendix E, published by the International Code Council (ICC), is hereby adopted by reference pursuant to Chapter 19.27 RCW and Chapter 51-50 WAC. The International Building Code requirements for barrier -free accessibility, Chapter 11, and other IBC requirements for barrier -free access, including ICC A117.1-200917 and Appendix E, are adopted pursuant to Chapters 19.27 and 70.92 RCW and shall not be amended by local government. (2) Appendix J of the IBC published by the International Code Council (ICC) is hereby adopted by reference. Section 2. FWRC 13.16.030 is hereby amended to read as follows: 13.16.030 204821 International Building Code amendments. The International Building Code, adopted by reference in FWRC 13.16.020, is amended as follows: (1) IBC Section 101.1, Title, is hereby amended as follows: These regulations shall be known as the Building Code of City of Federal Way, hereinafter referred to as "this code." (2) IBC Section 101.4.3, Plumbing, is hereby amended as follows: The provisions of the 204-921 Edition of the Uniform Plumbing Code shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. Private Sewage Disposal systems shall be approved by King County Department of Health. (3) IBC Section 101.4.6, Energy, is hereby amended as follows: The provisions of the International Energy Conservation Code, including WAC 51-11R and WAC 5 1 -11 C, shall apply to all matters governing the design and construction of buildings for energy efficiency. (4) IBC Section 105.1.1, Annual permit, is hereby replaced with IBC Section 105.1.1, Work in Critical Areas, to read as follows: Ordinance No. 24- Page 2 of 20 Rev 2/19 Return to Agenda Permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall be required for work proposed within critical areas. Work exempt from permit (IBC Section 105.2) shall not apply to work proposed in critical areas. (5) IBC Section 105.1.2, Annual permit records, is hereby deleted in its entirety. (6) IBC Section 105.2, item 1, is hereby amended to read as follows: One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 200 square feet (18.58 m2) and exterior wall height shall not exceed 10 feet measured from the bottom plate to the top of wall. (7) IBC Section 105.4.1, Amended Permit, is hereby created as follows: When the size of the building is increased or the scope for which the permit was issued is changed, an application to amend the building permit shall be required. Amended permit documents including but not limited to revised plans, calculations, product information, energy calculations, or other documents needed in order to clarify the intent and scope of the amended application shall be submitted for plan review. Fees for the review of the amended permit application shall be assessed and paid pursuant to the City of Federal Way fee resolution. When the building official is satisfied that the proposed work included in the amended application conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefore as soon as practicable. (8) IBC Section 107.3, Examination of documents, is hereby amended as follows: The building official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. The building official may require third party review to insure compliance with this code. The cost of such review shall be borne by the applicant in compliance with the city's fee schedule. (9) Chapter 2, Definitions, is hereby amended by the addition of the following definition: SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds 50 percent of the assessed value of the structure before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: Ordinance No. 24- Page 3 of 20 Rev 2/19 Return to Agenda Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions. 2. Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure. (10) IBC Section 502.1, Address identification, is hereby amended as follows: New and existing buildings shall be provided with a roved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property_._ Address identification characters shall contrast with their backgrounds Address numbers shall be Arabic numbers or -alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 8 inches (203.2 mm) high with a minimum stroke width of 1/2 inch (12.7 mm). Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building cannot be viewed from the public wa . a monument ole or other sign or means shall be used to identify the structure. Address identification shall be maintained. (110) IBC Appendix J is hereby amended to add a new Section J101.1.1, Local Regulations, as follows: In addition to the requirements of IBC appendix J, clearing and grading activities shall be reviewed and regulated under the following FWRC regulations: (a) FWRC Title 16 Surface and Stormwater Management; and, (b) Chapter 19.120 FWRC, Clearing, Grading, and Tree and Vegetation Retention; and, (c) Chapter 19.142 FWRC, Flood Damage Prevention. In case of conflict, the most restrictive provision shall apply. Section 3. FWRC 13.20.050 is hereby amended to read as follows: 13.20.050 Fire detection and protection. 04 A standby power generator set shall be provided on the premises in accordance with the 204-921 International Building Code, Section 403.4, and the 202023-National Electrical Code, as presently constituted or as may be subsequently amended. The standby system shall have a capacity and rating sufficient to supply all equipment required to be operational at the same time, including but not limited to emergency lighting, stair enclosures, elevator shaft pressurization, and elevators. Ordinance No. 24- Page 4 of 20 Rev 2/19 Return to Agenda Section 4. FWRC 13.20.090 is hereby amended to read as follows: 13.20.090 Construction inspection. The following shall be required for buildings designed and constructed pursuant to this section: (1) Structural observation provided by the engineer of record for structural frame elements; (2) Special inspections as required in the 204421 International Building Code; (3) All other inspections shall be in strict accordance with other applicable codes; and (4) Structural observation documents stamped by the engineer of record and all special inspection reports shall be submitted to the Federal Way building division prior to the issuance of a certificate of occupancy. Section 5. FWRC 13.22.020 is hereby amended to read as follows: 13.22.020 204-821 International Residential Code adopted. The 204-921 Edition of the International Residential Code (IRC) as published by the International Code Council (ICC) is hereby adopted by reference pursuant to Chapter 19.27 RCW and Chapter 51- 51 WAC, with the following additions, deletions, and exceptions; provided, that Chapters 11 and 25 through 43 of this code are not adopted; that energy conservation construction is regulated by Chapter 51-11R WAC; that plumbing is regulated by Chapter 51-56 WAC; that electrical installations are regulated by Chapter 296-46B WAC or the National Electrical Code (NEC) as published by the National Fire Protection Association, as adopted by the city of Federal Way— that Appendix 9, SvAffffniag Peals, Spas and Hat T-ubs, ef the 2019 Edition efthe IRG as publi by the !CC is hefe adopted. The standards for liquefied petroleum gas installations shall be NFPA 58 (Liquefied Petroleum Gas Code) and NFPA 54 (National Fuel Gas Code). All other fuel gas installations shall be regulated by the International Mechanical Code (IMC) and International Fuel Gas Code (IFGC); ' Section 6. FWRC 13.22.030 is hereby amended to read as follows: 13.22.030 2047821 International Residential Code amendments. The International Residential Code, adopted by reference in FWRC 13.22.020, is amended as follows: (1) IRC 101.1, Title, is hereby amended to read as follows: Ordinance No. 24- Page 5 of 20 Rev 2/19 Return to Agenda These provisions shall be known as the Residential Code for One- and Two-family Dwellings of The City of Federal Way, and shall be cited as such and will be referred to herein as "this code." (2) IRC Section 105.1.1, Annual permit, is hereby replaced with IBC Section 105.1.1, Work in Critical Areas, to read as follows: Permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall be required for work proposed within critical areas. Work exempt from permit (IBC Section 105.2) shall not apply to work proposed in critical areas. (3) IRC 105.3.1, Action on application, is hereby amended by the addition of the following language: The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing stating the reasons therefore. When the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefore as soon as practicable. The building official may require third party review to insure compliance with this code. The cost of such review shall be borne by the applicant in compliance with the city's fee schedule. (4) IRC 105.4.1, Amended Permit, is hereby created as follows: When the size of the building is increased or the scope for which the permit was issued is changed, an application to amend the building permit shall be required. Amended permit documents including but not limited to revised plans, calculations, product information, energy calculations, or other documents needed in order to clarify the intent and scope of the amended application shall be submitted for plan review. Fees for the review of the amended permit application shall be assessed and paid pursuant to the City of Federal Way fee resolution. When the building official is satisfied that the proposed work included in the amended application conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefore as soon as practicable. (5) RI06.3.1, Approval of construction documents, is hereby amended to read as follows: When the building official issues a permit, the construction documents shall be approved in writing or by a stamp. One set of construction documents so reviewed and stamped Approved File Copy, shall be retained by the building official. The other set, stamped Ordinance No. 24- Page 6 of 20 Rev 2/19 Return to Agenda Approved Site Copy, shall be returned to the applicant, shall be kept at the site of work at all times and shall be open to inspection by the building official or his or her authorized representative. Failure to produce the Site Copy of the plans at time of inspection may result in a failed inspection. (6) IRC Table 301.2(1) is amended by the addition of the following information: Roof Snow Load Wind Design Seismic Design Category Subject To Damage From Winter Design Temp Ice Layer Underlay Required Flood Hazard Air Freezing Index Mean Annual Temp Speed Topo Weathering Frost line Termites Mph Effects 25lb/ft' 85 No D2 Moderate 12" Moderate 24 No Yes 250 55 Section 7. FWRC 13.26.020 is hereby amended to read as follows: 13.26.020 201821 International Mechanical Code adopted. The 204-921 Edition of the International Mechanical Code (IMC) as published by the International Code Conference (ICC) is hereby adopted by reference pursuant to Chapter 19.27 RCW and Chapter 51-52 WAC. In the case of conflict between the duct sealing or insulation requirements of Section 603 or 604 of the IMC and the duct sealing or insulation requirements of Chapter 51-11C WAC, the Washington State Energy Code, the provisions of the energy code shall govern. Section 8. FWRC 13.26.030 is hereby amended to read as follows: 13.26.030 204821 International Mechanical Code amendments. The International Mechanical Code, adopted by reference in FWRC 13.26.020, is amended as follows: (1) IMC 101.1, Title, is hereby amended to read as follows: These regulations shall be known as the Mechanical Code of the City of Federal Way, hereinafter referred to as "this code." (2) IMC 104.6, Notices and orders, is hereby amended to read as follows: Notices and Orders shall be issued in compliance with FWRC 1.15.040. (3) IMC 106.4.1.1, Amended Permit, is hereby created as follows: Ordinance No. 24- Page 7 of 20 Rev 2/19 Return to Agenda When the scope of work for which the permit was issued is changed, the building official may amend the mechanical permit. When such fees specified in IMC Section 106 or the Federal Way Fee Schedule have been paid and when changes to the plans and application have been approved, the building official shall issue an "amended permit," which includes the approved changes as well as the original plans and specifications. The issuance of such amended permit shall void the original permit. (4) IMC 106.3.2, Preliminary inspection, is hereby amended to read as follows: Before a permit is issued, the building official is authorized to inspect and evaluate the systems, equipment, buildings, devices, premises and spaces or areas to be used. The building official may require third party review to ensure compliance with this code. The cost of such review shall be borne by the applicant in compliance with the Federal Way Fee Schedule. (5) IMC 106.4.34, Expiration, is hereby amended in its entirety as follows: Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee. (6) IMC 106.5.2, Fee schedule, is hereby amended to read as follows: The fees for mechanical permits shall be assessed in accordance with the provisions of the City of Federal Way Fee Schedule. (7) IMC 106 5 3109.6, Fee refunds, is hereby amended in its entirety as follows: Fees shall be refunded in accordance with the City of Federal Way Fee Schedule. (8) IMC 4$"115.3, Prosecution of violation, is hereby amended to read as follows: If the notice of violation is not complied with promptly, the building official shall take action as prescribed in Title 1 of the FWRC. (9) IMC 4 OR 4115.4, Violation penalties, is hereby amended to read as follows: Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair mechanical work in violation of the approved construction documents or directive of the building official, or Ordinance No. 24- Page 8 of20 Rev 2/19 Return to Agenda of a permit or certificate issued under the provisions of this code, shall be subject to the provisions of Title 1 of the FWRC. (10) IMC 108. 115.6, Unsafe mechanical systems, is hereby amended to read as follows: A mechanical system that is unsafe, constitutes a fire or health hazard, or 'is otherwise dangerous to human life, as regulated by this code, is hereby declared as an unsafe mechanical system. Use of a mechanical system regulated by this code constituting a hazard to health, safety or welfare by reason of inadequate maintenance, dilapidation, fire hazard, disaster, damage or abandonment is hereby declared an unsafe use. Such unsafe equipment and appliances are hereby declared to be a nuisance and shall be abated by repair, rehabilitation, demolition or removal in accordance with Title 1 of the FWRC. (11) IMC 108.7.1115.6.1, Authority to condemn mechanical systems, is hereby amended to read as follows: Whenever the building official determines that any mechanical system, or portion thereof, regulated by this code has become hazardous to life, health, property, or has become insanitary, the building official may issue an order to cease activity. The cease activity notice shall be issued pursuant to Section 1.15.030 of the FWRC. A person shall not use or maintain a defective mechanical system after receiving such notice. When such mechanical system is to be disconnected, written notice as prescribed in Title 1 of the FWRC shall be given. In cases of immediate danger to life or property, such disconnection shall be made immediately without such notice. (12) IMC 109.1114.1, Application for appeal, is hereby amended to read as follows: Appeals of decisions or determinations made by the building official relative to the application and interpretation of this code shall be made to the hearings examiner pursuant to FWRC 13.06.060. Section 9. FWRC 13.28.020 is hereby amended to read as follows: 13.28.020 2047821 International Existing Building Code adopted. The 204-921 Edition of the International Existing Building Code (IEBC), as published by the International Code Conference (ICC), is hereby adopted by reference pursuant to Chapter 19.27 RCW and Chapter 51-50 WAC. Section 10. FWRC 13.28.030 is hereby amended to read as follows: 13.28.030 204-821 International Existing Building Code amendments. (1) IEBC 101.1, Title, is hereby amended to read as follows: Ordinance No. 24- Page 9 of 20 Rev 2/19 Return to Agenda These regulations shall be known as the Existing Building Code of the City of Federal Way, hereinafter referred to as "this code." Section 11. FWRC 13.31.020 is hereby amended to read as follows: 13.31.020 204-821 International Fire Code adopted. The 204-921 Edition of the International Fire Code (IFC), published by the International Code Council, is hereby adopted by reference pursuant to Chapter 19.27 RCW and Chapter 51-54A WAC with the following additions, deletions, and exceptions. Appendix B is adopted as amended. Appendices C, E, F, and I are adopted by reference. Section 12. FWRC 13.31.030 is hereby amended to read as follows: 13.31.030 201-821 International Fire Code amendments. (1) IFC Section 503 is hereby created as follows: (a) IFC 503.1, Where required. Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.1.3. (b) IFC 503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet (45 720 nun) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. Exception: The fire code official is authorized to increase the dimension of 150 feet (45 720 mm) where: 1. The building is equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3. 2. Fire apparatus access roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of fire protection is provided. 3. There are not more than two Group R-3 or Group U occupancies. (c) IFC 503.1.2 Additional access. The fire code official is authorized to require more than one fire apparatus access road based on the potential for impairment of a single road Ordinance No. 24- Page 10 of 20 Rev 2/19 Return to Agenda by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. (d) IFC 503.1.3 High -piled storage. Fire department vehicle access to buildings used for high -piled combustible storage shall comply with the applicable provisions of Chapter 32. (e) IFC 503.2 Specifications. Fire apparatus access roads shall be installed and arranged in accordance with Sections 503.2.1 through 503.2.8. (f) IFC 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm), exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm). (g) IFC 503.2.2 Authority. The fire code official shall have the authority to require an increase in the minimum access widths where they are inadequate for fire or rescue operations. (h) IFC 503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all- weather driving capabilities. (i) IFC 503.2.4 Turning radius. The required turning radius of a fire apparatus access road shall be determined by the fire code official. 0) IFC 503.2.5 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet (45 720 mm) in length shall be provided with an approved area for turning around fire apparatus. (k) IFC 503.2.6 Bridges and elevated surfaces. Where a bridge or an elevated surface is part of a fire apparatus access road, the bridge shall be constructed and maintained in accordance with AASHTO HB-17. Bridges and elevated surfaces shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. Vehicle load limits shall be posted at both entrances to bridges when required by the fire code official. Where elevated surfaces designed for emergency vehicle use are adjacent to surfaces which are not designed for such use, approved barriers, approved signs or both shall be installed and maintained when required by the fire code official. (1) IFC 503.2.7 Grade. The grade of the fire apparatus access road shall be within the limits established by the fire code official based on the fire department's apparatus. The maximum cross slope grade shall not exceed 5%. Ordinance No. 24- Page 11 of 20 Rev 2/19 Return to Agenda (m) IFC 503.2.8 Angles of approach and departure. The angles of approach and departure for fire apparatus access roads shall be within the limits established by the fire code official based on the fire department's apparatus. (n) IFC 503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances established in Section 503.2.1 shall be maintained at all times. (o) IFC 503.5 Required gates or barricades. The fire code official is authorized to require the installation and maintenance of gates or other approved barricades across fire apparatus access roads, trails or other accessways, not including public streets, alleys or highways. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F 2200. (p) IFC 503.5.1 Secured gates and barricades. When required, gates and barricades shall be secured in an approved manner. Roads, trails and other accessways that have been closed and obstructed in the manner prescribed by Section 503.5 shall not be trespassed on or used unless authorized by the owner and the fire code official. Exception: The restriction on use shall not apply to public officers acting within the scope of duty. (q) IFC 503.6 Security gates. The installation of security gates across a fire apparatus access road shall be approved by the fire chief. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F 2200. (2) IFC Section 505.1 is hereby amended as follows: IFC 505.1 Address identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 8 inches (203.2 mm) high with a minimum stroke width of 1/2 inch (12.7 min). Where Leguired by the fire code official address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building cannot be viewed from the public wa a monument ole or other sign or means shall be used to identify the structure. Address identification shall be maintained. Ordinance No. 24- Page 12 of 20 Rev 2/19 Return to Agenda Exception: Each character shall be not less than 4 inches (102 mm) high with a minimum stroke width of 1/2 inch (12.7 mm) for 1 or 2 family dwellings (23) IFC Appendix B is hereby amended as follows: (a) Section B 105.2, Buildings other than one- and two-family dwellings, is replaced as follows: B 105.2 Buildings other than one- and two-family dwellings. The minimum fire flow and flow duration for buildings other than one- and two-family dwellings shall be as specified in IFC Table B 105.1(2). Exception: A reduction in required fire flow of up to 50 percent, as approved, is allowed when the building is protected throughout with an automatic fire sprinkler system installed in accordance with NFPA 13 or NFPA 13R. The resulting fire flow shall not be less than 1,500 gallons per minute (5,678 L/min) for the prescribed duration as specified in Table B 105.1(2). (b) Table B 105.2 is deleted. Section 13. FWRC 13.34.020 is hereby amended to read as follows: 13.34.020 204-821 Uniform Plumbing Code adopted. The 204-921 Edition of the Uniform Plumbing Code (UPC), including Appendices A, B, and I, as published by the International Association of Plumbing and Mechanical Officials (IAPMO), is hereby adopted by reference pursuant to Chapter 19.27 RCW and Chapter 51-56 WAC, with the following additions, deletions and exceptions; provided, that Chapters 12 and 15 of this code are not adopted; provided further, that those requirements of the UPC relating to venting and combustion air of fuel fired appliances as found in Chapter 5 and those portions of the code addressing building sewers are not adopted. Where a conflict exists between the provisions of Appendix I and the manufacturer's installation instructions, the conditions of the listing and the manufacturer's installation instructions shall apply. Section 14. FWRC 13.34.030 is hereby amended to read as follows: 13.34.030 204-821 Uniform Plumbing Code amendments. The Uniform Plumbing Code, adopted by reference in FWRC 13.34.020, is amended as follows: (1) UPC 103.3.2.1, Amended Permit, is hereby created as follows: Ordinance No. 24- Page 13 of 20 Rev 2/19 Return to Agenda When the scope for which the permit was issued is changed, an application to amend the building permit shall be required. Amended permit documents including but not limited to revised plans, or other documents needed in order to clarify the intent and scope of the amended application shall be submitted for plan review. Fees for the review of the amended permit application shall be assessed and paid pursuant to the City of Federal Way fee resolution. When the building official is satisfied that the proposed work included in the amended application conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefore as soon as practicable. (2) UPC 103.3.3, Expiration, is hereby amended to read as follows: Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced within one hundred and eighty (180) days from the date of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred and eighty (180) days. A permittee holding an unexpired permit shall be permitted to apply for an extension of the time within which work shall be permitted to commence under that permit when the permittee is unable to commence work within the time required by this section. The building official shall be permitted to extend the time for action one or more times by the permittee for a period not exceeding one hundred and eighty (180) days upon written request by the permittee. In order to renew action on a permit after expiration where such suspension or abatement has exceeded one (1) year, the permittee shall pay a new full permit fee. (3) UPC 103.4.2, Expiration of Plan Review, is amended in its entirety as follows: An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing. A new, complete permit application and full fees must be submitted to restart the review process on any expired application that cannot be extended. The new application date is the date of the new submittal. Section 15. FWRC 13.38.020 is hereby amended to read as follows: 13.38.020 Electrical codes adopted. Ordinance No. 24- Page 14 of 20 Rev 2/19 Return to Agenda (1) Adoption by reference. The following codes, as presently constituted or as maybe subsequently amended, are all adopted as amended, added to, or excepted in this title, together with all amendments and additions provided in this title, and shall be applicable within the city: (a) The National Electrical Code (NEC), 202023 Edition, as published by the National Fire Protection Association; (b) The laws, rules and regulations for installing electrical wiring and equipment set forth in Chapter 19.28 RCW; (c) The following chapters of the Washington Administrative Code: (i) Chapter 296-43 WAC, Heating Installation; (ii) Chapter 296-45 WAC, Safety Standards, Electrical Workers; (iii) Chapter 296-46B WAC, Electrical Safety Standards, Administration, and Installation. (2) Purpose. This title is enacted as an exercise of police power of the city for the benefit of the public at large. It is not intended to create a special relationship with any individual, or individuals, or to identify and protect any particular class of persons. The purpose of this title is to provide minimum standards to safeguard life or limb, health, property and public welfare, by regulating and controlling building construction and work related thereto. Section 16. FWRC 13.41.020 is hereby amended to read as follows: 13.41.020 201-821 International Energy Conservation Code adopted. The 204-921 International Energy Conservation Code (IECC), published by the International Code Council as amended by the state of Washington, is hereby adopted by reference pursuant to Chapter 19.27 RCW and Chapters 51-11R and 51-11C WAC. Where this Code is in conflict with one or more of the city's adopted regulations, the more restrictive language shall apply. Section 17. FWRC 13.43.020 is hereby amended to read as follows: 13.43.020 204-921 International Property Maintenance Code adopted. The 204-921 International Property Maintenance Code (IPMC) is adopted as amended, added to, or excepted in this title, and shall be applicable within the city. Where this Code is in conflict with one or more of the city's adopted regulations, the more restrictive language shall apply. Section 18. FWRC 13.43.030 is hereby amended to read as follows: Ordinance No. 24- Page 15 of 20 Rev 2/19 Return to Agenda 13.43.030 2047821 International Property Maintenance Code amendments. The International Property Maintenance Code, adopted by reference in FWRC 13.43.020, is amended as follows: (1) IPMC 101.1, Title, is hereby amended to read as follows: These regulations shall be known as the Property Maintenance Code of City of Federal Way, hereinafter referred to as "this code." (2) IPMC 102.3, Application of other codes, is hereby amended to read as follows: Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Building Code, International Residential Code, International Fuel Gas Code, International Mechanical Code, Uniform Plumbing Code, National Electrical Code, Washington State Energy Code and the Washington State Ventilation and Indoor Air Quality Code. Nothing in this code shall be construed to cancel, modify or set aside any provision of the Federal Way Revised Code. (3) IPMC 103 is hereby deleted in its entirety. (4) IPMC 106.2, Notice of violation, is hereby amended to read as follows: The code official shall serve a notice of violation or order in accordance with Title 1 of the Federal Way Revised Code (FWRC). (5) IPMC 106.3, Prosecution of violation, is hereby deleted in its entirety. (6) IPMC 106.4, Violation penalties, is hereby deleted in its entirety. (7) IPMC 106.5, Abatement of violation, is hereby deleted in its entirety. (8) IPMC 107.1, Notice to person responsible, is hereby amended to read as follows: Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Section 1.15.040 of the FWRC. (9) IPMC 107.2, Form, is hereby deleted in its entirety. (10) IPMC 107.3, Method of service, is hereby deleted in its entirety. Ordinance No. 24- Page 16 of 20 Rev 2/19 Return to Agenda (11) IPMC 107.5, Penalties, is hereby deleted in its entirety. (12) IPMC 111, title, is hereby amended to read as follows: HEARINGS EXAMINER. (13) IPMC 111.1, General, is hereby amended to read as follows: Appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code shall be made to the hearings examiner pursuant to FWRC 13.05.060. (14) IPMC 111.2, Limitations on authority, is hereby amended to read as follows: An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply. The hearings examiner shall have no authority relative to the interpretation of the administrative provisions of this Code nor shall the hearings examiner be empowered to waive any requirements of this code. (15) IPMC 112, title, is hereby amended to read as follows: ORDER TO CEASE ACTIVITY (16) IPMC 112.1, Authority, is hereby amended to read as follows: Orders to cease activity. Whenever any work is being done contrary to the provisions of this Code, or other pertinent laws or ordinances implemented through the enforcement of this Code, the building official may order the work to cease by issuance of an order to cease activity pursuant to the FWRC 1.15.030. (17) IPMC 112.2, Issuance, is hereby amended to read as follows: Occupancy violations. Whenever any building or structure or equipment therein regulated by this Code is being used contrary to the provisions of this Code, the building official may, by issuance of an order to cease activity pursuant to FWRC L 15.030, order such use discontinued and the structure, or portion thereof, vacated. (18) IPMC 112.3, Unlawful continuance, is hereby amended to read as follows: Any person who shall continue any work after having been served with an order to cease activity, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law. (19) IPMC 202, Definitions, is hereby amended to read in part: Ordinance No. 24- Page 17 of20 Rev 2/19 Return to Agenda CODE OFFICIAL. Shall mean the Building Official. (20) IPMC 302.4, Weeds, is hereby amended to read as follows: All premises and exterior property shall be maintained free from weeds or plant growth in excess of six inches in height on development property or 12 inches in height on vacant land. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants, and vegetation, other than trees or shrubs; however, this term shall not include cultivated flowers and gardens. Section 19. A new Chapter 13.47, International Wildland-Urban Interface Code, including Section 13.47.010, 13.47.020, and 13.47.030, is hereby added to Title 13, Buildings, to read as follows: Chanter 13.47 International Wildland-Urban Interface Code 13.47.010 Title. This chapter shall be known as International Wildland-Urban Interface code. 13.47.020 2021 International Wildland-Urban Interface Code adopted. The 2021 International Wildland-Urban Interface Code (iWUIC) is adopted as amended, added to, or excepted in this title and shall be a licable within the city. Where this Code is in conflict with one or more of the city's adopted regulations, the more restrictive language shall apply. 13.47.030 2021 International Wildland-Urban Interface Code amendments. The International Wildland-Urban Interface Code, adopted by reference in FWRC 13.47.030. is amended as follows: (1) IWUIC 101.1, Title, is hereby amended to read as follows: These regulations shall be known as the Wildland-Urban Interface Code of City of Federal Way,hereinafer referred to as "this code." Section 20. Severahility. Should any section, subsection, paragraph, sentence, clause, or Ordinance No. 24- Page 18 of 20 Rev 2/19 Return to Agenda phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 21. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 22. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 23. Effective Date. This ordinance shall take effect March 15, 2024. PASSED by the City Council of the City of Federal Way this _ .. day of , 2024. [signatures to follow] Ordinance No. 24- Page 19 of 20 Rev 2/19 Return to Agenda CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 24- Page 20 of 20 Rev 2/19 Return to Agenda COUNCIL MEETING DATE: January 2, 2024 ITEM #: J b CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: LICENSING PERMANENT SUPPORTIVE HOUSING AND TRANSITIONAL HOUSING, AND EMERGENCY HOUSING AND SHELTER POLICY QUESTION: Should the City Council amend FWRC Title 1-2 to provide code clarifications relating to emergency shelters that do not accommodate overnight residents? COMMITTEE: Land Use & Transportation CATEGORY: ❑ Consent ❑ City Council Business MEETING DATE: December 4, 2023 ® Ordinance ❑ Public Hearing ❑ Resolution ❑ Other STAFF REPORT BY: Keith Niven, AICP, CEcD Attachments: 1. Staff Report DEPT: Community Development 2. Ordinance Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: DIRECTOR APPROVAL: Wl 1.22.23 Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on January 2, 2024. Member Corm tee Member COUNCIL MOTION(S): FIRST READING OF ORDINANCE (1/2/24): `I move to forward the proposed ordinance to the January 16, 2024 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (1/16/24): "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED—11/2019 RESOLUTION # f,9�1,13 j Return to Agenda CITY OF FEDERAL WAY MEMORANDUM DATE: November 22, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Keith Niven, CD Director Op - SUBJECT: Ordinance: Licensing Permanent Supportive Housing and Transitional Housing, and Emergency Housing and Shelter Financial Impacts: As the proposed code amendments provide clarity to a process already adopted by the City Council, there are no costs to the City for adopting the proposed code amendments. Background Information: On October 19, 2021, the City Council approved code amendments responsive to the passage of HB 1220 relating to permanent supportive housing and transitional housing, and emergency housing and shelter. Subsequent to those code amendments, the Council approved Ordinance 22- 929 on January 18, 2022, to -create an operations and licensing program for these types of housing. The code provisions were developed by City staff and were written to accommodate housing that was envisioned for the Extended Stay and the Red Lion, both known projects for Federal Way. Both of these types of housing allowed for overnight residents. As such, the originally adopted language lacks clarity regarding its applicability to emergency housing and shelter uses that do not allow overnight residents, such as day and warming centers. The proposed ordinance clarifies the applicability of the licensing program to non -overnight emergency housing and shelter uses. Rev. 6/2020 Return to Agenda ORDINANCE NO.24- AN ORDINANCE of the City of Federal Way, Washington, relating to licensing of permanent supportive housing and transitional housing, and emergency housing and shelter, amending FWRC 12.35.070 and 12.35.080 (Amending Ordinance No., 22-929). WHEREAS, the City of Federal Way ("City") adopted licensing provisions for permanent supportive housing and transitional housing and emergency housing and shelter with the adoption of Ordinance 22-929 in January 2022; and WHEREAS, the licensing provisions were drafted for facilities housing residents overnight; and WHEREAS, Federal Way has an emergency shelter that does not accommodate overnight residents; and WHEREAS, this ordinance contains amendments to FWRC Title 12, clarifying the licensing requirements for facilities that do not have overnight residents; and WHEREAS, it is in the public interest for the City Council to adopt the amendments to FWRC Title 12. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Fin' dins. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) The recitals set forth above are hereby adopted and restated as findings of fact. (b) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by providing clearer code provisions. (c) These code amendments comply with Chapter 36.70A RCW, Growth Management. Ordinance No. 24- Page I of 6 Return to Agenda (d) These code amendments are consistent with the intent and purpose of its title of FWRC Title 12 and will implement and is consistent with the applicable provisions of the Federal Way Comprehensive Plan. (e) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. FWRC. (f) These code amendments have followed the proper procedures required under the Section 2. Conclusions. Pursuant to the recitals and the findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: (a) The proposed FWRC amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: LUG 9 Support a diverse community comprised of neighborhoods that provide a range of housing options; LUP 10 Support the continuation of a strong residential community. LUG 3 Preserve and protect Federal Way's single-family neighborhoods. LUP 13 Maintain and protect the character of existing single-family neighborhoods through strict enforcement of the City's land use regulations. HP 43 Coordinate City actions related to homelessness with the City's Community Services Division and non-profit housing and human services providers. HP 44 Emergency shelters should be permitted and regulated to ensure there are adequate opportunities to locate them within the City, to avoid overconcentration of facilities, to ensure that such facilities and housing are properly managed, and to avoid or Ordinance No. 24- Page 2 of 6 Return to Agenda mitigate significant impacts on existing residential neighborhoods or other surrounding uses, (b) The proposed FWRC amendments bear a substantial relationship to the public health, safety, and welfare as they are intended to improve the use of development agreements within the City. Development agreements were added to State statute because the lack of certainty in the approval of development projects can result in a waste of public and private resources, escalate housing costs for consumers and discourage the commitment to comprehensive planning which would make maximum efficient use of resources at the least economic cost to the public. Assurance to a development project applicant that upon government approval the project may proceed in accordance with existing policies and regulations, and subject to conditions of approval, all as set forth in a development agreement, strengthen the public planning process, encourage private participation and comprehensive planning, and reduce the economic costs of development. (c) The proposed amendments are in the best interest of the public and the residents of the City of Federal Way because: 1) they are responsive to issues raised this year; and, 2) they provide clarifications for currently -ambiguous code sections thereby reducing the need for further director interpretations and the potential for appeals and/or litigation. Section 3. FWRC 12.35.070 is hereby amended to read as follows: 12.35.070 Standards of safety and operation. (1) Every facility licensed under the provisions of this chapter, except for emergency housing and shelter facilities that do not provide overnight accommodations must meet the following safety and operational requirements: (a) Adopt and broadly disseminate a written security and emergency plan for residents., guests, and employees. Ordinance No. 24- Page 3 of 6 Return to Agenda (b) Establish protocols to work with current or prospective residents and guests with active felony warrants to resolve the outstanding warrant(s) with applicable legal authorities. (c) Take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from all current and prospective residents, and keep a log containing this information. (d) Prohibit direct intake of residents without referral. (e) Incorporate procedures into operations to ensure complete and accurate recordkeeping. (f) Post prominently a list of all human and health services offered with a brief description of the service(s) and the availability of such service(s). (g) Follow Crime Prevention Through Environmental Design (OPTED) standards for landscaping and plant maintenance. (h) Broadly disseminate information to residents identifying transit, pedestrian and bicycle routes to services and schools from the site. (2) Every standalone facility exclusively for permanent supportive housing and transitional housing, and/or emergency housing and shelter licensed under the provisions of this chapter, except for permanent supportive housing and transitional housing in the suburban estate (SE) or single-family residential (RS) zones, must meet the following additional safety and operation requirements: (a) Install lighting in all internal common areas providing a minimum of one and one-half foot-candles at ground level 24 hours per day, seven days a week. (b) Have a manager or operator's representative on the premises at all times during operating hours. Ordinance No. 24- Page 4 of 6 Return to Agenda (3) Every newly constructed facility licensed under the provisions of this chapter, except for newly constructed permanent supportive housing and transitional housing in the suburban estate (SE) or single-family residential (RS) zones, must also implement the security program and strategies addressed in FWRC 19.115.040. Section 4. FWRC 12.35.080 is hereby amended to read as follows: 12.35.080 Standards of conduct. Every facility licensed under the provisions of this chapter must adopt and enforce standards of conduct applicable to all residents and guests designed to ensure that: (1) All residents and guests comply with all applicable federal, state, and local laws, including all safety and sanitation requirements and the city's building, fire, and zoning and development codes. (2) No residents or guests shall exhibit threatening or unsafe behavior. (3) No residents or ug ests shall use, possess, or sell illegal drugs. Section 5. Severabiiity. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section G. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 7. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Ordinance No. 24- Page 5 of 6 Return to Agenda Section 8. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this day of 2024.. ATTEST: CITY OF FEDERAL WAY: JIM FERRELL, MAYOR STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 24- Page 6 of 6 Return to Agenda COUNCIL MEETING DATE: 4i j ITEM #: 9C F FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT. ORDINANCE: UPDATE TO INDEMNIFICATION POLICY POLICY QUESTION: Should the City Council update the indemnification section of the FWRC to more accurately reflect current practices? COMMITTEE: FEDRAC MEETING DATE: November 28, 2023 CATEGORY: ❑ Consent Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: J. Ran Call, City Attorney DEPT: Law Attachments: 1. Staff Report 2. Ordinance Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: '3 / 1 DIRECTOR APPROVAL: Uc 2 Z Cote ittee t OLL11 Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to first reading on December 5, 2023. WX/ -� Committee Chair Committee Member 11 &mtAittee Member PROPOSED COUNCIL MOTIONS: FIRST READING OF ORDINANCE (DECEMBER 5, 2023): "I move to forward the proposed ordinance to the December 19, 2023 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (DECEMBER 19, 2023): "I move approval of the proposed ordinance." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: lk- 1:1 APPROVED COUNCIL BILL # ❑ DENIED First reading f2'2, ,2V2 j. ❑ TABLED/DEFERRED/NO ACTION Enactment reading MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # Return to Agenda CITY OF FEDERAL WAY MEMORANDUM DATE: October 5, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Ryan Call, City Attorney ?gzc-, tlVAT3 SUBJECT: Update to Indemnification Policy Financial Impacts: The intent of this update is to change the Federal Way Revised Code ("FWRC") to reflect long-standing practice at the City to indemnify employees and officials for their official acts done within the scope of their employment. The change also expressly expands legal representation for employees in other proceedings that are neither criminal or civil tort proceedings, but require legal representation (coroner's inquests, certification hearings, etc.). Because this update is meant to update the FWRC to reflect actual practice, there should be no new financial impacts to the City as a result of passing these updates. Background Information: Protecting employees from personal liability for conducting City business is an important part of recruiting and retaining qualified employees. The City Council passed the current indemnification language in 1989. The language was largely unaltered boilerplate language used in several jurisdictions at the time the City incorporated. Some of the language has been interpreted or not followed over the years. The intent is to update the code to reflect long-standing practice. It also expressly authorizes staff to expend public funds to defend non-tortious legal proceedings such as coroner's inquests. The changes proposed include: Including volunteers in the indemnification coverage - Expressly including an employee's spouse when the marital community is implicated in a lawsuit - Authorizing the city attorney to use outside litigation counsel when appropriate - Creates a presumption that an official act is within the scope of employment and will be defended, and creates a process for council to decide that an act was not within the scope of employment and therefore will not be indemnified when acts are dishonest, fraudulent, criminal or malicious, not done on behalf of the City, or is a legal action against the City by an employee. Rev. 7/18 Return to Agenda ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to indemnification of city officials and employees; amending FWRC 2.05.030, 2.05.040, 2.05.050, 2.05.060, 2.05.070, 2.05.090, 2.05.100, and 2.05.120. (Amending Ordinance Nos. 89-05, 09-600,10-666 and 10-669.) WHEREAS, one of the first acts of the City upon incorporation was to define those circumstances where city officials and employees will be indemnified by the City for acts or omissions committed as part of an employee's official duties; and WHEREAS, defending employees from claims arising from their work for the City continues to be a vital part of employee retention and responsible governance; and WHEREAS, it is appropriate to update the Federal Way Revised Code to address changes in the types of legal proceedings now occurring as well as changes to the City's current organizational structure. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FWRC 2.05.030 is hereby amended to read as follows: The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. Terms not defined here are defined according to FWRC 1.05.020. "Official" means any person who is serving or has served as an elected or appointed city official or officer, and any person who is serving or has served as an appointed member of any city board, commission, committee or other appointed position with the city. "Appointed" means a person formally appointed by the city council or as authorized by state law or city ordinance. "Employee " means any_person who is or has been employed in the service of the city. Ordinance No. 23- Page I of 8 Return to Agenda "Volunteer" means My person who serves or has served the city without pay under the explicit authorization and direction of a city department. Section 2. FWRC 2.05.040 is hereby amended to read as follows: (1) As a ^-��rpaxl_of service or employment the city shall provide to an official or employee, and an souse of an official or em to ee to the extent that the marital community is implicated, subject to the conditions and requirements of this chapter, and notwithstanding the fact that such official or employee may have concluded service or employment with the city, such legal representation as may be reasonably necessary to defend a claim, or —lawsuit, or other legal proceeding requiring legal representation filed against such official or employee resulting from any conduct, act or omission of such official or employee performed or omitted on behalf of the city in their capacity as a city official or employee, which act or omission is within the scope of their service or employment with the city. This chapter is subject to repeal or modification at the sole discretion of the city council; provided, that such repeal or modification shall apply prospectively only, and shall have no effect upon the obligation to indemnify for defend against any claim --that is based, in whole or in part, upon any act or omission of an official occurring prior to the effective date of the repeal or modification. (2) The legal services shall be provided by the office of the city attorney, and may include legal services provided by contract with outside legal counsel as determined to be necessaU by the cit attorney. �riaiir� �i•Ln.a i.a ��.•s�-�y%��.a...anr..� aR�:.vr•ra.a�na.a..anrrina. � .■ (3) In the event that outside counsel is retained under .,..3....,,etieft ""a' e f 0149 Beet:..~, the city Ordinance No. 23- Page 2 of 8 Return to Agenda shall indemnify official or the employee from the reasonable costs of defense; provided, that in no event shall the officer or employee be indemnified for attorney's fees in excess of the hourly rates established by the city's contract with the attorney selected by the city or its insurer. The officer or employee shall be liable for all hourly charges in excess of such rate. (4) The city will provide the same legal representation, subject to the same conditions, to volunteers of the city as described in this chapter for officials and em to ees. Section 3. FWRC 2.05.050 is hereby amended to read as follows: (1) In no event shall protection be offered under this chapter by the city to: (a) Any dishonest, fraudulent, criminal, wilful, inlentienel r malicious act or course of conduct of an official or employee; (b) Any act or course of conduct of an official or employee which is not performed on behalf of the city; (c) Any act or course of conduct which is outside the scope of an official's or employee's service or employment with the city; or (d) Any lawsuit brought against an official or employee by or on behalf of the city. (2) Nothing in this section shall be construed to waive or impair the right of the city eeuncito institute suit or counterclaim against any official or employee nor to limit its ability to discipline or terminate an employee. damages under- the terms e f any valid inswanee eliey, Where gny accident or occurrence results from an official or employee's use of a privately owned vehicle and where that accident or in' Ordinance No. 23- Page 3 of 8 Return to Agenda occurred within the scope of their employment, but not during regular commuting to and from the workplace, the city will indemnify such losses; provided, that this chapter shall provide protection z Subjeet to i4s terms and li talieft , only above any loss limit of an insurance # policy maintained by the official or employee, subject to the terms and limitations of said insurance op licy. The provisions of this chapter are intended to be secondary to any contract or policy of insurance owned or applicable to any official or employee. The city shall have the right to require an employee to utilize any such policy protection prior to requesting the protection afforded by this chapter. Section 4. FWRC 2.05.060 is hereby amended to read as follows: The dete .,-V roan.,, .,f whether Claims lawsuits and other legal proceedings predicated upon the official acts of employees or officials will be presumed to be within the scope of their employment and covered by this chapter unless the city council declares otherwise. Upon the recommendation by the mayor that an official or employee should not be afforded a defense by the city under the terms of this chapter_, shall be made -by -the city council an the reeenifnendatia ii oft e in aye f may deny an employee or official the protections of this chapter when such a denial is consistent with the terms of this chapter. The decision of the city council shall be final as a legislative determination and shall be based upon a finding that the claim or suit against an official or employee meets or does not meet the criteria of this chapter. Nothing in this section shall preclude the city from undertaking an officer or employee's defense under a reservation of rights. The determination as to %4iether to teeny a defense as provided under this chapter to a member or members of the city council shall be made without the vote of such member of the city council unless the inclusion of such member or members is required for a quorum; provided, that if a claim Ordinance No. 23- Page 4 of 8 Return to Agenda or lawsuit affects a quorum or greater number of the members of the city council, all such affected members shall retain their voting privileges under this section. Section 5. FWRC 2.05.070 is hereby amended to read as follows: The provisions of this chapter shall apply only when the following conditions are met: (1) In the event of any incident or course of conduct potentially giving rise to a claim for damage, or the commencement of a suit, the official or employee involved shall, as soon as practicable, give their supervisor or their supervisor or the city attorney written notice thereof, identifying the official or employee involved, all information known to the official or employee involved, all information, known to the official or employee with respect to the date, time, place and circumstances surrounding the incident or conduct giving rise to the claim or lawsuit, as well as the names and addresses of all persons allegedly injured or otherwise damaged thereby, and the names and addresses of all witnesses. (2) Upon receipt thereof, the official or employee shall forthwith deliver any claim, demand, notice or summons or other process relating to any such incident or conduct to the city attorney, and shall cooperate with the city attorney or an attorney designated by the city, and, upon request, assist in making settlement of any suit and enforcing any claim for any right of subrogation against any persons or organizations that may be liable to the city because of any damage or claim of loss arising from such incident or course of conduct, including, but not limited to, rights of recovery for costs and attorneys' fees arising out of state or federal statute upon a determination that the suit brought is frivolous in nature. (3) Such official or employee shall attend interviews, depositions, hearings-sR4 or trials and shall assist in securing and giving evidence and obtaining attendance of witnesses all without any Ordinance No. 23- Page 5 of 8 Return to Agenda additional compensation to the official or employee and, if an employee has left the employ of the city, no fee or compensation shall be provided a former official or employee for time spent assisting in defense of the claim or suit. (4) Such official or employee shall not accept nor voluntarily make any payment, assume any obligation, or incur any expense relating to such claim or suit; other than for first aid to others at the time of any incident or course of conduct giving rise to any such claim, loss or damage. Section 6. FWRC 2.05.090 is hereby amended to read as follows: If any official or employee fails or refuses to comply with any of the conditions of FWRC- 2�05. l� I C this chapter, or elects to provide his or her own representation with respect to any such claim or litigation, all of the provisions for indemnification in this chapter shall be inapplicable, and have no force or effect with respect to any such claim or litigation. Section 7. FWRC 2.05.100 is hereby amended to read as follows: (1) If the city determines that an official or employee does not come within the provisions of this chapter, and a court of competent jurisdiction later determines that such claim does come within the provisions of this chapter, the city shall pay any judgment rendered against the official or employee and reasonable attorney's fees incurred in defending against the claim. The city shall pay any costs and reasonable attorney's fees incurred in obtaining the determination that such claim is covered by the provisions of this chapter. Provided, if a court of competent jurisdiction determines that such claim does not come within the provisions of this chapter, the official or employee shall pay the city's costs and reasonable attorney's fees incurred in obtaining the determination that such claim is not covered under the provisions of this chapter. (2) If the city determines that a claim against a city official or employee does come within the Ordinance No. 237 Page 6 of 8 Return to Agenda provisions of this chapter, and a court of competent jurisdiction later finds that such claim does not come within the provisions of this chapter, the city shall be reimbursed by the employee or official for costs or expenses incurred in obtaining the determination that such claim is not covered by the provisions of this chapter. Section 8. FWRC 2.05.120 is hereby amended to read as follows: The provisions of this chapter shall apply to any claim,-eT- lawsuit, or other legal proceeding against an official or employee pending on November 28, 1989, without regard to the date of the events or circumstances which are the basis of such claim or lawsuit. Section 9. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses; phrases, or portions be declared invalid or unconstitutional. Section 10. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 11. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Ordinance No. 23- Page 7 of 8 Return to Agenda Section 12. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 20 ATTEST: CITY OF FEDERAL WAY: JIM FERRELL, MAYOR STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 23- Page 8 of 8