01-04-2022 Council Packet - RegularCITY OF
I Federal Way
Centered on Opportunity
CITY COUNCIL
REGULAR MEETING AGENDA
City Hall - Council Chambers*
January 4, 2022 - 6:30 p.m.
*Masks are required inside City Hall and are to be worn at all times when attending
in -person meetings.
Notice: Due COVID-19 and pursuant to Governor Inslee's Proclamation 20-28 the Mayor and Council encourage
you use one of the following ways to participate in the meeting remotely if you are unable to attend in person:
• Watch the meeting live via Federal Way YouTube Channel
• Call in and listen to the live meeting: (888) 788-0099 or 253-215-8782
• Public Comment may be submitted via email here, or sign up to provide live comments here
• Zoom meeting code: 363 503 282 and passcode: 738163
2. PLEDGE OF ALLEGIANCE
3. PRESENTATIONS
a. Oaths of Office/Swearing-In Ceremonies
• Mayor: Mayor Jim Ferrell by City Clerk Stephanie Courtney
• Council Position 2: Councilmember Erica Norton by Mayor Jim Ferrell
• Council Position 4: Councilmember Hoang Tran by Mayor Jim Ferrell
• Council Position 5: Councilmember Jack Walsh by Mayor Jim Ferrell
• Council Position 6: Councilmember Jack Dovey by Mayor Jim Ferrell
b. Election of Council President and Oath of Office
c. Federal Way Public Schools EP&O Tax Levy Information— Dr. Pfeiffer, FWPS
Superintendent
"THE COUNCIL WILL TAKE A BRIEF RECESS FOR A RECEPTION"
d. Mayor's Emerging Issues and Report
• COVID-19 Update — Ray Gross, Emergency Manager
• Retail Safety Summit — City Hall - January 20 at 9:30 a.m.
• Sound Transit OMF South Update- EJ Walsh, PW Director and Ryan Medlen, ST Liaison
• Upcoming Events: Martin Luther King Jr. Celebration, Washington State Korean -American
Day (01/13)
The City Council may add items and take action on items not listed on the agenda.
Regular Meetings are recorded and televised live on Government Access Channel 21.
To view Council Meetings online please visit www.cityoffederalway.com.
e. Council 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)
• Regional Committees Report (PIC)
• Council President Report
4. 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. City Council Rules of
Procedure prohibit any personal, impertinent, threatening or slanderous remarks during public comment.
The Mayor may interrupt comments that continue too long or violate the rules of conduct. No speaker may convey
or donate their time for speaking to another speaker. The Mayor has the authority to preserve order at all meetings
of the Council, and to cause the removal of any person from the meeting for being disorderly. All individual comments
are limited to 3 minutes each.
5. 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 7, 2021 Regular and Special Meeting Minutes
b. Resolution: Ratification of the 2021 WRIA 9 Salmon Habitat Plan
c. 2020 Asphalt Overlay Project — Final Acceptance
d. Lakota Middle School Safe Routes to School — SW Dash Point Road Letter of
Understanding with Verizon
e. Adaptive Traffic Control, City Center Phase 2 — 85% Design Status Report and
Authorization to Bid
f. Acceptance of Housing Action Plan Implementation Grant
6. COUNCIL BUSINESS
a. Resolution: Requesting the King County Prosecutor Pause Implementation of the
Restorative Community Pathways (RCP) Program
Staff Report: Steve McNey, Intergovernmental & Public Affairs Officer
b. Resolution: Amending City Council Rules of Procedure to add "Deputy Mayor"
Staff Report: Ryan Call, City Attorney
c. Election and Oath of Office for Deputy Mayor
d. 2022 Legislative Agenda
Staff Report: Steve McNey, Intergovernmental & Public Affairs Officer
e. Ad'lusting the Cost of Living (COLA) for 2022 for City Non -represented Employees
Staff Report: Vanessa Audett, HR Manager and Steve Groom, Finance Director
f. Lakota Middle School Safe Routes to School — SW Dash Point Road Bid Award
Staff Report: John Mulkey, Senior Capital Engineer
The City Council may add items and take action on items not listed on the agenda.
Regular Meetings are recorded and televised live on Government Access Channel 21.
To view Council Meetings online please visit www.cityoffederalway.com.
g. Authorization to Accept Transportation Improvement Board (TIB) Grant Funding for
Pacific Hiqhwav at 373rd Roundabout with Median Control
Staff Report: Rick Perez, City Traffic Engineer
h. Pacific Highway South Safety Corridor Improvements
Staff Report: EJ Walsh, PW Director
7. ORDINANCES
First Reading
a. Council Bill #819/Modifying the City's Nuisance Code
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, MODIFYING THE
CITY'S NUISANCE CODE TO ADDRESS CHRONIC NUISANCE PROPERTIES AND
PROVIDING FOR EMERGENCY SUMMARY ABATEMENT FOR SEVERE AND
EMERGENCY NUISANCES IN THE CITY; AMENDING FWRC 6.70.010; ADDING NEW
SECTIONS TO CHAPTER 6.70 INCLUDING SECTIONS 6.70.020,6.70.030, AND 6.70.040;
AND ADDING A NEW SECTION TO CHAPTER 1.15 INCLUDING SECTION 1.15.085.
(AMENDING ORDINANCE NO. 00-374.)
Staff Report: Kent van Alstyne, Assistant City Attorney
Public Comment — 3 minutes each
b. Council Bill #820/Proposed Code (12.35 FWRC) for 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 19.195.015, 19.200.045,
19.205.080, 19.215.070, 19.220.100, 19.220.105, 19.225.055, 19.225.075, 19.230.055,
19.230.065, 19.240.085, AND 19.240.095; AND ADDING A NEW CHAPTER 12.35
INCLUIDNG SECTIONS 12.35.010, 12.35.020, 12.35.030, 12.35.040, 12.35.050, 12.35.060,
12.35.070, AND 12.35.080. (AMENDING ORDINANCE NOS. 94-233, 96-270, 97-291, 99-333,
1-385, 02-423, 07-559, 09-605, AND 21-921.)
Staff Report: Brian Davis, Community Development Director
Public Comment — 3 minutes each
Second Reading/Enactment
c. Council Bill #818/Ordinance: Establishing a Licensing Program for Hotels and Motels
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, ESTABLISHING A
LICENSING PROGRAM FOR HOTELS AND MOTELS TO PROTECT PUBLIC SAFETY;
ADDING A NEW CHAPTER 12.55 INCLUDING SECTIONS 12.55.010, 12.55.020, 12.55.030,
12.55.040, 12.55.050, 12.55.060, 12.55.070, 12.55.080, 12.55.090, 12.55.100, AND
12.55.110.
8. COUNCIL REPORTS
9. ADJOURNMENT
The City Council may add items and take action on items not listed on the agenda.
Regular Meetings are recorded and televised live on Government Access Channel 21.
To view Council Meetings online please visit www.cityoffederalway.com.
COUNCIL MEETING DATE: January 4, 2022 ITEM #:
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 7, 2021 Regular and
Special Meetings?
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
Attachments:
Draft minutes for the December 7, 2021 Regular and Special Meetings
Options Considered:
1. Approve the minutes as presented.
2. Amend the minutes as necessary.
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL: N/A
Committee Council
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: N/A
N/A
N/A
N/A CITY CLERK APPROVAL: -j y
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 #
CIT
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Federal Way
CITY COUNCIL
SPECIAL MEETING MINUTES
City Hall — Council Chambers
December 7, 2021 — 5:00 p.m.
1. CALL MEETING TO ORDER
Mayor Ferrell called the meeting to order at 5:02 p.m.
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City officials in attendance: Mayor Jim Ferrell, Council President Susan Honda, Councilmember
Lydia Assefa-Dawson, Councilmember Erica Norton, Councilmember Hoang Tran,
Councilmember Jack Walsh, and Councilmember Linda Kochmar.
City Councilmember Martin Moore joined the meeting at 5:05 p.m.
City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney
2. PLEDGE OF ALLIGANCE
Mayor Ferrell led the flag salute.
3. STUDY SESSION
a. A Tech Hub Action Plan
Tim Johnson, Economic Development Director acknowledged and thanked multiple
Economic Development Interns and members of his staff who were in attendance and
who worked on this project. Mr. Johnson referenced printed material Council received and
provided information on various case studies. He stated the study included various cities
across the United States, along with one city in South Korea and one city in England. He
noted the 8 Steps to Success required the following actions:
• Local Elected Officials— Initiate
• Engage and work with University
• Engage and work with Private Sector
• Invest in Infrastructure
• Ensure Entrepreneurial Ecosystem
• Promote
• Convene
• Constant & Consistent Commitment
Director Johnson noted goals for Federal Way are based on ambition. These include the
ability to become the city with the fastest internet speeds in the state of Washington, to
Federal Way City Council Special Minutes Page 1 of 2
December 7, 2021
become the most advance Smart City in the Pacific Northwest, produce the finest
Entrepreneurial Ecosystem in the Pacific Northwest, most connected city to higher
education in the nation and become the "Global Center for Disruptive Technologies".
Councilmembers thanked Mr. Johnson and his team for all the work put into this
presentation and printed materials. Clarifying questions were asked regarding community
needs of diversity and inclusion, timeline for success, cost estimates, definition of
"disruptive technology", and if the plan includes providing internet as revenue generation
for the city to its residents.
Mr. Johnson addressed each question and noted he believes the largest cost is the
investment in infrastructure. He also stated accomplishing these goals would take a
concentrated effort of the elected leaders for the next decade, however he believes much
can happen in phases over the next 3-5 years, if funding is available. Councilmembers
noted this would be a good topic to discuss at the upcoming City Council Retreat.
4. EXECUTIVE SESSION
At 5:48 p.m. Mayor Ferrell announced the Council would recess into executive session for the
purpose of discussing collective bargaining pursuant to RCW 42.30.140(4)(b) for approximately 20
minutes.
a. Collective Bargaining pursuant to RCW 42.30.140(4)(b)
5. ADJOURNMENT
There being nothing further on the agenda; the special meeting was adjourned at 6:20 p.m.
Attest:
Stephanie Courtney
City Clerk
Approved by Council.
Federal Way City Council Special Minutes Page 2 of 2
December 7, 2021
CIT
Federal Way
CITY COUNCIL
REGULAR MEETING MINUTES
City Hall — Council .Chambers
December 7, 2021 — 6:30 p.m.
CALL MEETING TO ORDER
Mayor Ferrell called the meeting to order at 6:32 p.m.
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City officials in attendance: Mayor Jim Ferrell, Council President Susan Honda,
Councilmember Lydia Assefa-Dawson, Councilmember Erica Norton, Councilmember Hoang
Tran, Councilmember Jack Walsh, Councilmember Martin Moore, and Councilmember Linda
Kochmar.
City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney
2. PLEDGE OF ALLEGIANCE
Mayor Ferrell led the flag salute.
COUNCIL PRESIDENT HONDA MOVED TO AMEND THE AGENDA TO ADD DISCUSSION TO
CHANGE A COUNCIL RULE; SECOND BY COUNCILMEMBER KOCHMAR. Motion passed 6-1;
Councilmember Moore dissenting.
Council President Honda
yes
Councilmember Assefa-Dawson
yes
Councilmember Norton
yes
Councilmember Tran
yes
Councilmember Walsh yes
Councilmember Moore No
Councilmember Kochmar yes
Clerk's Note: This item was added as Council Business Item 6e.
COUNCILMEMBER NORTON MOVED TO AMEND THE AGENDA TO ADD AN ITEM TO
COUNCIL BUSINESS TO DISCUSS THE DESIGNATION OF CHRONIC NUISANCE CODE AND
THE ADDITION OF CODE ENFORCEMENT OFFICERS TO APPROVE OVERTIME FOR CODE
ENFORCEMENT OFFICERS; SECOND BY COUNCILMEMBER WALSH. Motion passed
unanimously as follows:
Council President Honda
yes
Councilmember Assefa-Dawson
yes
Councilmember Norton
yes
Councilmember Tran
yes
Councilmember Walsh yes
Councilmember Moore yes
Councilmember Kochmar yes
Clerk's Note: This item was added as Council Business Item 6f.
3. PRESENTATIONS
a. Swearing -In Ceremonies of Newly Elected City Councilmembers
Federal Way City Council Regular Minutes Page 1 of 11
December 7, 2021
Mayor Ferrell welcomed the two new Councilmembers to the dais and invited
Councilmember Erica Norton to come forward where he swore her into office for a term
through December 31, 2021. Mayor Ferrell then invited Municipal Court Judge Dave
Larson to come forward and swear in Councilmember Jack Walsh for a term through
December 31, 2021.
City Councilmember Erica Norton thanked her family for attending and is looking forward
to serving the city. City Councilmember Jack Walsh thanked the Mayor and Council and
the voters of Federal Way for the trust and support; he loves the community and the best
days are ahead.
b. Recognition of Councilmember Martin Moore
Mayor Ferrell recognized outgoing Councilmember Martin Moore stating it was an honor
and a privilege to serve with him on behalf of the citizens of Federal Way for the last eight
years. Mayor Ferrell read and presented a glass plaque on behalf of the City Council.
Councilmember Moore remarked how quickly 8-years have passed, and reflected on his
life when taking office at the age of 29 and now leaving office as a married father of one.
He is sincerely proud of what he has accomplished with the Mayor and his Council
colleagues. He thanked his family and many members of the community and shared his
intention of staying engaged in the community. He provided insight and advice for the
incoming Council.
Councilmembers thanked Councilmember Moore for his work on many issues over the
years, and wished him well.
At 6:50 the Mayor announced the Council would recess for approximately 15 minutes for a
brief reception; he resumed the meeting at 7:07 p.m.
c. Mayor's Emerging Issues and Report
Safety concerns at Park 16 (added)& Retail Safety Surnmit
Police Chief Hwang gave a public safety update specifically addressing concerns with
retail safety and the multi -family housing community of Park 16. He provided information
on routine theft sting operations and the plans for the department to collaborate with local
retailers to curb shoplifting activity. Chief Hwang noted the city is taking a stronger stance
on shoplifting and organized retail crimes in effort to make the city safer for employees
and customers.
The Chief spoke to the upcoming Retail Safety Summit which will be held in Council
Chambers on January 20 bringing business owners together to discuss prevention and
provide education. He also provided information on the deployment of bicycle officers and
electric motorcycle officers in the downtown area.
In regards to residential safety and multifamily communities, Chief Hwang reported they
are working with Park 16 Property Management who are working to evict those involved in
crimes. They will also be increasing security patrols and adding speed bumps throughout
the complex. Chief Hwang also provided information regarding concerns in the Westway
Neighborhood and the Eastwind Motel located on Pacific Highway.
Federal Way City Council Regular Minutes Page 2 of 11
December 7, 2021
Mayor Ferrell reported the King County Executive, King County Prosecutor, and Judges
met on December 15 to discuss crime in South King County. He is also working with the
Mayors of the valley cities including Renton, Kent and Auburn in urging the State
Legislators to address many changes to policing including the legalizing of controlled
substances and the requirement of probable cause for pursuits.
Councilmembers thanked Chief Hwang and the department for their efforts in making
residents feel safer, and spoke in appreciation in working towards a solution and in
collaboration with other south county cities and business owners. Chief Hwang answered
additional questions regarding areas of the city which are not deemed "hot spots";
statistics on gang activity; if overdose statistics have increased; and gun violence in
schools.
COVID-19 Uodate
Ray Gross, Emergency Manager provided updated information was available via the King
County Dashboard (website), and noted no Omicron cases have been yet confirmed in
King County.
Cold Weather Sheltering
Mayor Ferrell noted the Community Center would be open as a warming shelter for colder
months and information will be released on shelter locations for overnight shelter for the
very cold temperatures.
Recent Community Events
Mayor Ferrell reported the Holiday Tree Lighting at Town Square Park and the Jingle Bell
Bruch at the FWCC both held on December 4 were well attended family -friendly events.
Certificate of Recognition
Mayor Ferrell read and presented the Certificate of Recognition to Jason Ludwig for his
work for the benefit of the Federal Way Historical Society. Gerald Knutzen spoke on
behalf of the Historical Society thanking Mr. Ludwig. Mr. Ludwig who attended virtually via
Zoom from his new home in Atlanta, thanked the Mayor and Council.
Councilmember Moore congratulated and thanked Mr. Ludwig for researching the history
of the fire department for the Historical Society. He also thanked the Mayor for
acknowledging people in our community, such as Mr. Ludwig who spend their time
volunteering.
d. Council Committee Reports
Parks/Recreation/Human Services/Public Safety Committee (PRHSPS): Chair
Kochmar reported the December Committee meeting has been canceled. The next
regular meeting will be in January. She thanked the many volunteers in the community.
Land Use/Transportation Committee (LUTC): No update was provided.
Finance, Economic Development, Regional Affairs Committee (FEDRAC): Chair Tran
reported the Committee met in late November and the December meeting has been
Federal Way City Council Regular Minutes Page 3 of 11
December 7, 2021
canceled.
Lodging Tax Advisory Committee (LTAC): Chair Assefa-Dawson reported the
December meeting has been canceled and the next meeting will be in January.
Regional Committees Report (PIC): No report was provided.
Council President Report: Council President Honda thanked Councilmember Moore for
his service on Council for the last 8 years. She reported on the recent SCA appointments
and asked councilmembers interested in regional appointments contact Deanna Dawson
at SCA for more information. She encouraged citizens to continue to contact Council over
the holidays even though there are no more meetings in December. She would like to see
an annual volunteer recognition event restarted at the city.
4. PUBLIC COMMENT
Bette Tavlor spoke regarding gun violence stating the government and justice system are
failing. She would like to see background check laws for guns improved and encourages all
Americans to work towards a solution on this issue.
Bob ❑arrigan related the story of when his car was stolen and how state legislation prevented
police from acting on the crime
Jack Dover thanked the Mayor for his recent stance on crime; he asked Council to
appropriate additional funding for emphasis patrols.
Helen Kubik addressed conversations had at the December 6 Land Use/Transportation
Committee meeting regarding licensing permanent supportive housing, transitional housing,
and emergency housing and shelter.
Jane Sidlo spoke in opposition of vaccine mandates in King County.
Denise Yun shared about her experience working as a nurse in a COVID hall caring for the
elderly. She encouraged people to get vaccinated in order to help keep the elderly healthy.
Carolyn Hoover read a letter on behalf of her friend sharing her family's history living in
Federal Way and how crime has driven them to leave.
Nancy Justice spoke in opposition of vaccine mandates stating that it is discrimination and
segregation.
Boonee Williamson, small business owner, shared about damages and losses she and her
husband have endured to their business and lack of police response.
Mayor Ferrell referred Ms. Williamson to Deputy Chief Steve Neal for follow-up.
Jan Barber spoke regarding a proposal to develop the former Bally's property into
condominiums, which has been discussed at the Planning Commission recently.
Dara Mandeville shared crime statistics from Federal Way and expressed her disappointment
law enforcement cannot do more; she would like to see the arrest rate increase.
Jeff Mclaughlin, resident since 1997, feels offended by the property tax increase despite
Federal Way City Council Regular Minutes Page 4 of 11
December 7, 2021
crime and other issues around the City.
Geoffrey Taucredi recommended that Federal Way High Schools expand their JROTC
programs as a way to address discipline issues and youth violence in schools.
Anna Patrick requested more information regarding the differences between the Permanent
Housing Licensing and the Licensing Program for Hotels and Motels. She also shared
frustration with county level meetings and would like to know how citizens can be more
engaged.
Bob Drake honored Betty Taylor's late grandson by echoing her urge for more action to curb
gun violence. He referenced a recent call where there was a gun which was not recovered by
the police.
Councilmember Moore left the meeting at 9:13 p.m.
Email from Sarah Nelson read by the City Clerk asking Council to put ordinances in place to
protect Federal Way citizens from safety related issues.
Email from Rhiannon Owen read by the City Clerk opposing mask and vaccine mandates as
they relate to COVID-19.
Cynthia Ricks-Maccotan spoke in response to Police Chief Hwang's presentation and named
several organizations in the community committed to helping with youth violence. She
encourages the city leadership and the Police Department to utilize community partners.
Councilmember Moore rejoined the meeting at 9:17 p.m.
5. CONSENT AGENDA
a. Minutes: November 16, 2021 Regular and Special Meeting Minutes
b. Monthly Financial Report — October 2021
c. AP Vouchers 10/16/2021-11/15/2021 & Payroll Vouchers 10/01/2021-10/31/2021
d. WiFi Site Lease Amendment No. 1 with DM Ventures FW Center LLC
e. WA State Department of Corrections Master Agreement - Class V Community
Restitution Programs
f. Federal Way Community Center Slide Replacement 2 - RFP# 21-012
g. Catering Services at Dumas Bay Centre
h. Police Gate Replacements - City Hall Bid Acceptance
i. Puget Sound Energy Electrical Easement
j. Jail Services Contract Amendment - SCORE Jail
k. Purchase of Electric Motorcycles
I. Agreement between the Washington Traffic Safety Commission (WTSC) and the
Federal Way Police Department to provide grant funding for Traffic Enforcement
m. Amendment to the Pierce Transit Extra Duty Police Services Agreement
COUNCIL PRESIDENT HONDA MOVED APPROVAL OF ITEMS A THROUGH M ON THE
CONSENT AGENDA; SECOND BY COUNCILMEMBER KOCHMAR. The motion passed
Federal Way City Council Regular Minutes Page 5 of 11
December 7, 2021
unanimously as follows:
Council President Honda
yes Councilmember Walsh yes
CouncilmemberAssefa-Dawson
yes Councilmember Moore yes
Councilmember Norton
yes Councilmember Kochmar yes
Councilmember Tran
yes
At 9:22 p.m. Mayor Ferrell announced the Council would be recessing for a ten minute break. Mayor
reconvened the meeting at 9:32 p.m.
6. COUNCIL BUSINESS
a. Resolution/2022 Fee Schedule/APPROVED RESOLUTION NO. 21-817
Finance Director Steve Groom reported the adopted fee schedule is the mechanism to
adjust fees each year. In effort to keep pace with inflation most fees are adjusted.
Additional changes include a correction to the shopping carts fee and the passport fee
which is set by the US State Department.
COUNCILMEMBER TRAN MOVED APPROVAL OF THE PROPOSED RESOLUTION; SECOND
BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed unanimously as follows:
Council President Honda
yes
CouncilmemberAssefa-Dawson
yes
Councilmember Norton
yes
Councilmember Tran
yes
Councilmember Walsh yes
Councilmember Moore yes
Councilmember Kochmar yes
b. Assessment Lien for Abatement at 1235 SW 313th Street
Building Official Scott Sproul provided information regarding an abatement on SW
313th Street which took place in August of 2021. Staff is seeking approval to lien the
property which has been in violation since 2017, with multiple documented violations.
Attempts to work with the property owner have failed and drawn out the process over
years.
Council thanked Mr. Sproul for the information and asked various clarifying questions.
COUNCIL PRESIDENT HONDA MOVED TO AUTHORIZE STAFF TO PLACE AN ASSESSMENT
LIEN ON THE PROPERTY LOCATED AT 1235 SW 313TH ST, FEDERAL WAY, WA 98023 IN
THE AMOUNT OF $19,592.72; SECOND BY COUNCILMEMBER KOCHMAR. The motion passed
unanimously as follows:
Council President Honda
yes
CouncilmemberAssefa-Dawson
yes
Councilmember Norton
yes
Councilmember Tran
yes
Councilmember Walsh yes
Councilmember Moore yes
Councilmember Kochmar yes
c. Public Safety Testing Subscriber Agreement
Deputy Police Chief Stephen Neal presented information on a housekeeping issue.
The incorrect agreement was amended and he is seeking approval to make this
correction.
COUNCILMEMBER KOCHMAR MOVED APPROVAL OF THE PROPOSED PUBLIC SAFETY
TESTING SUBSCRIBER AGREEMENT; SECOND BY COUNCILMEMBER MOORE. The motion
passed unanimously as follows:
Federal Way City Council Regular Minutes Page 6 of 11
December 7, 2021
Council President Honda
yes Councilmember Walsh yes
CouncilmemberAssefa-Dawson
yes Councilmember Moore yes
Councilmember Norton
yes Councilmember Kochmar yes
Councilmember Tran
yes
d. Grant Acceptance for Broadband Study from the State Community Economic
Revitalization Board (CERB) in the amount of $50,000
Economic Development Director Tim Johnson noted Council had already approved
seeking the broadband study grant and the current request is for Council to authorize
accepting the same.
COUNCIL PRESIDENT HONDA MOVED TO ACCEPT THE GRANT FOR BROADBAND STUDY
IN THE AMOUNT OF $50,000.00 AND AUTHORIZE THE MAYOR TO EXECUTE ALL
NECESSARY DOCUMENTS; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion
passed unanimously as follows:
Council President Honda
yes
CouncilmemberAssefa-Dawson
yes
Councilmember Norton
yes
Councilmember Tran
yes
Councilmember Walsh yes
Councilmember Moore yes
Councilmember Kochmar yes
e, added item — Discussion regarding changing Council Rules of Procedure
COUNCIL PRESIDENT HONDA MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE
CHANGES TO COUNCIL RULES TO BE VOTED ON BY THE COUNCIL AT THE JANUARY 4,
2022 REGULAR COUNCIL MEETING TO DESIGNATE THE COUNCIL PRESIDENT AS THE
MAYOR PRO TEMPORE UNDER STATE LAW AND TO CREAT A POSITION OF "DEPUTY
MAYOR" TO SHARE INTERNAL COUNCIL GOVERNING DUTIES WITH THE COUNCIL
PRESIDENT; COUNCILMEMBER KOCHMAR SECOND.
Councilmembers Moore, Assefa-Dawson, and Tran spoke with concerns and asked
clarifying questions regarding adding an additional role of "Deputy Mayor".
Councilmember Kochmar noted this is a request for the City Attorney to research this
issue and come back with more information and a proposal.
COUNCIL PRESIDENT HONDA MOVED TO EXTEND THE MEETING PAST 10:00 P.M.;
COUNCILMEMBER KOCHMAR SECOND. The motion passed unanimously as follows:
Council President Honda
yes
CouncilmemberAssefa-Dawson
yes
Councilmember Norton
yes
Councilmember Tran
yes
Councilmember Walsh yes
Councilmember Moore yes
Councilmember Kochmar yes
Councilmember continued to discuss the proposal. Councilmember Walsh called the
question, ending debate.
Council President Honda restated the motion. The main motion passed 5-2 as follows:
Council President Honda
yes
CouncilmemberAssefa-Dawson
yes
Councilmember Norton
yes
Councilmember Tran
no
Councilmember Walsh yes
Councilmember Moore no
Councilmember Kochmar yes
Federal Way City Council Regular Minutes
December 7, 2021
Page 7 of 11
f. added item — Chronic Nuisance Properties
Councilmember Norton expressed desire to identify chronic nuisance properties (hotels
and multi -family apartment complexes) and also requested the city allocate ARPA funds
for additional Code Compliance Officers or additional off -duty police overtime to address
nuisance issues in the city.
City Attorney Ryan Call noted there is currently a proposed nuisance ordinance which is
on track for Council; the ordinance has already passed through Council Committee.
Council discussed this issue further. Community Development Director Brian Davis
cautioned, increasing Code Compliance Officers will not be helpful if there is not an
increase in support administrative staff who process the paperwork. The Mayor will work
on this with the Department Directors and Police Chief.
7. ORDINANCES
First Reading
a. Council Bill #818/Ordinance: Establishing a Licensing Program for Hotels and Motels
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, ESTABLISHING A
LICENSING PROGRAM FOR HOTELS AND MOTELS TO PROTECT PUBLIC SAFETY;
ADDING A NEW CHAPTER 12.55 INCLUDING SECTIONS 12.55.010, 12.55.020,
12.55.030, 12.55.040, 12.55.050, 12.55.060, 12.55.070, 12.55.080, 12.55.090, 12.55.100,
AND 12.55.110.
City Attorney Ryan Call provided information regarding the licensing scheme to deter
criminal activity and disproportionate use of city resources. The goal for the
proposed ordinance is to impose additional operating requirement for public lodging
varying based on historical criminal activity. All hotels and motels would be required
to obtain a license in addition to the business license. The fees collected will be used
to defray the cost of the program. There will be operational requirements depending
on the level of historical criminal activity that has occurred at the property in the
previous year. He outlined the program and requirements based on calls for service.
Council thanked Mr. Call for the presentation and asked clarifying questions
regarding if the fee was annual and the time of the year the fee is imposed and if the
fee should be applied only to nuisance properties. Attorney Call provided answers to
each question.
Public Comment — no comments were received.
City Clerk Stephanie Courtney read the ordinance title into the record.
COUNCIL PRESIDENT HONDA MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE
JANUARY 4, 2022 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; SECOND
BY COUNCILMEMBER KOCHMAR. The motion passed unanimously as follows:
Council President Honda
yes
CouncilmemberAssefa-Dawson
yes
Councilmember Norton
yes
Councilmember Tran
yes
Councilmember Walsh yes
Councilmember Moore yes
Councilmember Kochmar yes
Federal Way City Council Regular Minutes
December 7, 2021
Page 8 of 11
First and Second Reading/Enactment
b. Council Bill #814/Ordinance: Revising FWRC 6.35.030 relating to Pedestrian
Interference/APPROVED ORDINANCE NO. 21-923
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
PEDESTRIAN INTERFERENCE AND OBSTRUCTIONS WITHIN PUBLIC RIGHTS -OF -
WAY; AMENDING FWRC 6.35.030. (AMENDING ORDINANCE NOS. 20-887, 15-802,
15-784, 11-697, 08-576, 05-509, 94-214, AND 91-89)
Assistant City Attorney Joanna Eide presented the pedestrian interference code
amendment, which was originally presented at Council on November 3, 2021. As
background Mr. Eide noted the city regulates public property including city
property, parks, public rights -of -way such as sidewalks and benches. The
Pedestrian Interference Code was enacted years ago and has been modified
multiple times.
The amendments proposed with this ordinance are in response to expressed
concerns from citizens regarding safe and effective use of public property. This
revision also better clarifies existing language and definitions; clarifies exemptions;
and adds detail and organization for enforceability.
Councilmembers thanked Ms. Eide and asked clarifying questions regarding
enforcement, level of police support,
infractions rather than a misdemeanors.
responses to all questions asked.
Public Comment:
and if violations would be considered
Ms. Eide and City Attorney Call provided
Cynthia Ricks-Maccotan requested an exception be added to this ordinance for
individuals waiting for or receiving medical care.
Ms. Eide clarified transitory or medical situations are not the intent of this
ordinance.
COUNCILMEMEBER KOCHMAR MOVED TO WAIVE THE FIRST READING OF THE
PROPOSED ORDINANCE; SECOND BY COUNCILMEMBER NORTON. The motion passed
unanimously as follows:
Council President Honda
yes
CouncilmemberAssefa-Dawson
yes
Councilmember Norton
yes
Councilmember Tran
yes
Councilmember Walsh yes
Councilmember Moore yes
Councilmember Kochmar yes
COUNCILMEMBER KOCHMAR MOVED APPROVAL OF THE PROPOSED ORDINANCE;
SECOND BY COUNCILMEMBER WALSH. The motion passed unanimously as follows:
Council President Honda
yes
CouncilmemberAssefa-Dawson
yes
Councilmember Norton
yes
Councilmember Tran
yes
Councilmember Walsh yes
Councilmember Moore yes
Councilmember Kochmar yes
Second Reading/Enactment
c. Council Bill #815/ 2021-2022 Mid -Biennial Bud et Adjustment/APPROVED
ORDINANCE NO. 21-924
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
Federal Way City Council Regular Minutes Page 9 of 11
December 7, 2021
AMENDING THE 2021-2022 BIENNIAL BUDGET. (AMENDING ORDINANCE NO. 20-903
AND 21-916)
City Clerk Stephanie Courtney read the ordinance title into the record.
COUNCILMEMBER TRAN MOVED APPROVAL OF THE PROPOSED ORDINANCE; SECOND
BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed unanimously as follows:
Council President Honda
yes
CouncilmemberAssefa-Dawson
yes
Councilmember Norton
yes
Councilmember Tran
yes
Councilmember Walsh yes
Councilmember Moore yes
Councilmember Kochmar yes
d. Council Bill #816/ 2022 Property Tax Levy1APPROVED ORDINANCE NO. 21-925
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
FIXING THE PROPERTY TAX AMOUNT FOR THE YEAR OF 2022.
City Clerk Stephanie Courtney read the ordinance title into the record.
COUNCILMEMBER TRAN MOVED APPROVAL OF THE PROPOSED ORDINANCE; SECOND
BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed 5-2 as follows:
Council President Honda
yes
CouncilmemberAssefa-Dawson
yes
Councilmember Norton
no
Councilmember Tran
yes
Councilmember Walsh yes
Councilmember Moore no
Councilmember Kochmar yes
e. Council Bill #817/ T-Mobile Wireless Franchise Aqreement Amendment/APPROVED
ORDINANCE NO. 21-926
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING T-
MOBILE WEST CORPORATION'S NONEXCLUSIVE FRANCHISE TO OCCUPY RIGHTS -
OF -WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, BY ADDING A NEW SITE TO
THE LIST OF AUTHORIZED SITES. (AMENDING ORDINANCE NO. 15-803)
City Clerk Stephanie Courtney read the ordinance title into the record.
COUNCIL PRESIDENT HONDA MOVED APPROVAL OF THE PROPOSED ORDINANCE;
SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed unanimously as follows:
Council President Honda
yes
CouncilmemberAssefa-Dawson
yes
Councilmember Norton
yes
Councilmember Tran
yes
8. COUNCIL REPORTS
Councilmember Walsh yes
Councilmember Moore yes
Councilmember Kochmar yes
Councilmember Moore said goodbye and stated he will miss the debates and discussions with
the Council. He reiterated his belief in one strong Council President to lead the Council. He
thanked family members in attendance, thanked the community for allowing him to serve for
eight years, and the thanked the city's dedicated staff.
Councilmember Assefa-Dawson wished Councilmember Moore well and noted she will miss
him on the Council. She welcomed the new councilmembers and wished everyone Happy
Holidays looking forward to a strong 2022.
Federal Way City Council Regular Minutes Page 10 of 11
December 7, 2021
Councilmember Norton thanked the Council for their understanding as she learns the
procedures.
Councilmember Tran thanked Councilmember Moore for his service and working alongside
him for the last four years. He welcomed the new Councilmembers and believes while all
members of the council are different, they share the bond of public service. He wished
everyone a Merry Christmas.
Councilmember Walsh thanked fellow Councilmembers for the warm welcome and thanked
Councilmember Moore for his service. He thanked the community and his wife for their support
noting he is dedicated to serving the community. He reminded people to report crime even if
you do not anticipate the police will be able to respond, it needs to be reported.
Councilmember Kochmar wished Councilmember Moore the best. She looks forward to
working together and even if everyone does not always agree, they are all working for the
betterment of the community. She encouraged people to give back to those in need the most
by donating food and clothing to MSC or other charitable organizations in the city.
Council President Honda reported the South King Fire truck is making their way through the
city with Santa, the route can be found on their webpage; they are also accepting donations as
they drive the neighborhoods. She noted Sound Transit will hold a Board Meeting on
December 16 where they will likely name a preferred site for the OMF South. She encouraged
citizens to sign up for public comment. She welcomed the new Councilmembers and wished
everyone a Happy Holiday!
9. EXECUTIVE SESSION
10. ADJOURNMENT
There being nothing further on the agenda; the regular meeting was adjourned at 11:20 p.m.
Attest:
Stephanie Courtney
City Clerk
Approved by Council.
Federal Way City Council Regular Minutes Page 11 of 11
December 7, 2021
COUNCIL MEETING DATE: January 4, 2022 ITEM #: 5b
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: RESOLUTION: RATIFICATION OF THE 2021 WRIA 9 SALMON HABITAT PLAN
POLICY QUESTION: Should the Council approve the resolution ratifying the 2021 WRIA 9 Salmon Habitat
Plan?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: December 6,
2021
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ® Resolution 00 Other
STAFF REPORT BY: Emile Ancelet, Surface Water Quality Superv' . DEPT: Public Works
Attachments: 1. Staff Report
2. Resolution
Options Considered:
1. Approve proposed resolution.
2. Do not approved proposed resolution and provide direction to staff.
MAYOR'S RECOMI[END,ATION: Option 1
MAYOR APPROVAL: DIRECTOR APPROVAL: 1 I 1'5001zot.
En�
mt tt IniNallDatc
InitiaUDa[e [nifiallDxt
COMMITTEE RECOMMENDATION: I move to forward the proposed resolution to the January 4, 2022 consent agenda
for approval.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the proposed resolution. "
(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 #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: December 6. 2021
TO: Land Use & Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: EJ Walsh, P.E., Public Works Director
Emile Ancelet, Surface Water Quality Program Manager - EA
SUBJECT: RESOLUTION: Ratification of the 2021 WRIA 9 Salmon Habitat Plan
Financial Impacts:
The City of Federal Way is already a participating member of WRIA 9. Ratification of the 2021
WRIA 9 Salmon Habitat Plan (Plan) does not change our status.
Ratification of the Plan does not obligate the City to implement any specific actions nor create any
financial impacts.
Background Information:
The City of Federal Way previously adopted the 2005 WRIA 9 Salmon Habitat Plan and remains
in an interlocal agreement with 17 other local government agencies in support of Salmon Habitat
within WRIA 9.
Since 2005 advances have been made in the science around salmon recovery, habitat goals have
been updated to reflect those advances, new projects have been identified, and a monitoring and
adaptive management plans have been developed.
With these advances, an update to the WRIA 9 'Salmon Habitat Plan has been prepared and
submitted for ratification.
Rev. 6/2020
RESOLUTION NO.
A RESOLUTION of the City of Federal Way, Washington, ratifying
the 2021 Update to the Green/Duwamish and Central Puget Sound
Watershed or Water Resource Inventory Area (WRIA) 9 Salmon
Habitat Plan, making our watershed fit for a King.,
WHEREAS, the 2021 Update to the WRIA 9 Salmon Habitat Plan ("WRIA 9 Plan") is an
addendum to the 2005 WRIA 9 Salmon Habitat Plan, and includes new science, revised habitat
goals and recovery strategies, an updated capital project list, and a monitoring and adaptive
management plan; and
WHEREAS, 17 local governments in WRIA 9 ("Parties") have partnered through an inter -
local agreement ("ILA") (2001-2006, 2007-2015, 2016-2025) to jointly fund development and
implementation of the WRIA 9 Plan to address shared interest in and responsibility for long-term
watershed planning and salmon recovery in the Green/Duwamish and Central Puget Sound
Watershed ("Watershed"); and
WHEREAS, in March 1999, the National Oceanic and Atmospheric Administration
("NOAA") Fisheries listed the Puget Sound Chinook salmon evolutionary significant unit,
including the Green River Chinook salmon population, as a threatened species under the
Endangered Species Act ("ESA"); and
WHEREAS, local jurisdictions have authority over some habitat -based aspects of Chinook
survival through land use and other policies and programs; and the state and tribes, who are the
legal co -managers of the fishery resource, are responsible for addressing harvest and hatchery
management; and
Resolzaion No. 21-__ Page 1 of5
WHEREAS, the WRIA 9 partners recognize participating in the ILA and implementing
priorities in the WRIA 9 Plan demonstrates their commitment to proactively working to address
the ESA listing of Chinook salmon; and
WHEREAS, coordination and cooperation among federal, state, and local agencies, tribes,
businesses, non -governmental organizations, landowners, community members, and other
interests are essential to implement and adaptively manage a salmon recovery plan; and
WHEREAS, the Puget Sound Partnership serves as the Puget Sound regional organization
and lead agency for planning and implementing the Puget Sound Salmon Recovery Plan, approved
by NOAA Fisheries; and
WHEREAS, the WRIA 9 Plan is one of fifteen watershed -based chapters of the Puget
Sound Salmon Recovery Plan; and
WHEREAS, the City supports cooperation at the WRIA level to set common priorities for
actions among partners, efficient use of resources and investments, and distribution of
responsibility for actions and expenditures; and
WHEREAS, habitat protection and restoration actions to increase Chinook salmon
productivity trends are necessary throughout the watershed, in conjunction with other recovery
efforts, to avoid extinction in the near term and restore WRIA 9 Chinook salmon to viability in the
long term; and
WHEREAS, salmon recovery is interrelated with flood risk reduction, water quality
improvement, open -space protection, recreation, economic development, and tribal treaty rights;
and
Resolulion No. 21- Page 2 of 5
WHEREAS, the City has a strong interest to achieve multiple benefit outcomes forpeople
and fish across the watershed; and
WHEREAS, the WRIA 9 Plan recognizes that salmon recovery is a long-term effort, and
focuses on a 10-year implementation time horizon to allow for evaluation of progress and
adaptation of goals and implementation strategies; and
WHEREAS, it is important to provide jurisdictions, the private sector and the public with
certainty and predictability regarding the course of salmon recovery actions in WRIA 9; and
WHEREAS, if insufficient action is taken at the local and regional level, it is unlikely
Chinook salmon populations in WRIA 9 will improve and it is possible the federal government
could list Puget Sound Chinook salmon as an endangered species, thereby decreasing local
flexibility; and
Plan.
WHEREAS, the Parties previously took formal action to ratify the 2005 Salmon Habitat
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Section 1. The City hereby ratifies the Green/Duwamish and Central Puget Sound
Watershed, Water Resource Inventory Area 9 Salmon Habitat Plan Update, Making Our
Watershed Fit . for a King, dated February 2021. Ratification is intended to convey the City's
support for the following:
1. Protecting and restoring habitat based on best available science with the intent to achieve
sustainable, resilient, and harvestable populations of naturally spawning Chinook salmon.
Resolution No. 21- Page 3 of5
2. Pursuing a multi -benefit approach to WRIA 9 Plan implementation that integrates salmon
recovery, flood hazard reduction, water quality improvements, open space and recreation, and
equity and social justice to improve outcomes for people and fish.
3. Utilizing the WRIA 9 Plan as a source of best available science to inform local government
actions, including, but not limited to land use, shoreline, and transportation planning/permitting. -
4. Utilizing capital project concepts, programmatic actions, and policies outlined within the WRIA
9 Plan to inform local priorities for implementation and funding via grants, capital improvements,
ordinances, and other activities. Ratification does not obligate any partner to implement any
specific actions or adhere to specific timelines for such actions.
5. Working collaboratively with local, state, and federal partners and tribes to support and fund
implementation of the WRIA 9 Plan, including monitoring and adaptive management to address
scientific uncertainty, tracking and communicating progress, and refining strategies to ensure cost-
effective investments.
Section 2. Severability. If any section, sentence, clause or phrase of this resolution should
be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause, or phrase of this resolution.
Section 3. Corrections. The City Clerk and the codifiers of this resolution are authorized to
make necessary corrections to this resolution including, but not limited to, the correction of
scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any
references thereto.
Resolution No. 21- Page 4 of5
Section 4. Ratification. Any act consistent with the authority and prior to the effective date
of this resolution is hereby ratified and affirmed.
Section 5. Effective Date. This resolution shall be effective immediately upon passage by
the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON this day of , 20_.
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:
RESOLUTION NO.:
Resolution No. 21- Page 5 of5
COUNCIL MEETING DATE. ...: January ... ......4, 2021 ITEM #; 5 C
.... ...
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: 2020 ASPHALT OVERLAY PROJECT — FINAL ACCEPTANCE
POLICY QUESTION: Should the Council accept the 2020 Asphalt Overlay Project constructed by Miles
Resources, LLC as Complete?
COMMITTEE: Land Use and Transportation MEETING DATE: Dec. 6, 2021
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
DEPT: Public Works
STAFF REPORT BY: John Colei
Attachments: 1. Staff Report
2. Memorandum to the Land Use and Transportation Committee dated December 6, 2021.
Options Considered:
1. Authorize final acceptance of the 2020 Asphalt Overlay Pro_lect as constructed b - Miles
Resources, LLC in the amount of $2,333,375.66 as colplete. -
2. Do not authorize final acceptance of the completed 2020 Asphalt Overlay Project as
constructed by Miles Resources, LLC as complete and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL:yI1`,J'" J"}Ij/.,_, DIRECTOR APPROVAL: lr/ i1�3'd�L1
loitialMale V InitiaMate
COMMITTEE RECOMMENDATION: I move to forward Option 1 to the January 4, 2022 consent agenda for
approval.
, La Tee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move to authorize final acceptance of the 2020 Asphalt Overlay Project
constructed by Miles Resources, LLC in the amount of $2,333,375.66 as complete. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑
APPROVED
COUNCIL BILL #
❑
DENIED
First reading
❑
TABLED/DEFERRED/NO ACTION
Enactment reading
❑
MOVED TO SECOND READING (ordinances only)
ORDINANCE #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: December 6, 2021
TO: Land Use & Transportation Committee
VIA: Jim Ferrell, Mayor
E.J. Walsh, P.E., Public Works Director24'1(�
FROM: �,
John Cole, Capital Engineer,- "
SUBJECT: 2020 Asphalt Overlay Project — Final Acceptance
Financial Impacts:
This is acceptance of the construction project as complete, therefore no additional funds are
proposed to be spent as part of this agenda item.
Background Information:
Prior to release of retainage on a Public Works construction project, the City Council must accept
the work as complete to meet State Department of Revenue and State Department of Labor and
Industries requirements.
The 2020 Asphalt Overlay Project contract with Miles Resources, LLC. is complete. The final
construction contract amount is $2,333,375.66. This is $406,354.34 below the $2,739,730
(including contingency) budget that was approved by the City Council on March 17, 2020.
December 6, 2021
Land Use and Transportation Committee
2020 Asphalt Overlay Project — Final Acceptance Page 2
Rev 6/2020
COUNCIL MEETING DATE: January 4, 2022 ITEM 9. 5 d
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: LAKOTA MIDDLE SCHOOL SAFE ROUTES TO SCHOOL - SW DASH POINT ROAD — LETTER OF
UNDERSTANDING WITH VERIZON
POLICY QUESTION: Should the Council approve the Lakota Middle School Safe Routes to School - SW Dash
Point Road — Agreement for Joint Construction with Verizon?
COMMITTEE: Land Use and Transportation
MEETING DATE: Dec. 6, 2021
CATEGORY:
N Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: John Mulkey, Senior Ca ital Engineer JRM DEPT: Public Works
Attachments: 1. Staff Report Dated December 6, 2021
2. Letter of Understanding with Verizon
Options Considered:
1. Authorize the Mayor to execute the Letter of Understanding between the City of Federal Way and Verizon
for the Lakota Middle School Safe Routes to School — SW Dash Point Road Project.
2. Do not authorize the Mayor to execute the Letter of Understanding between the City of Federal Way and
Verizon for the Lakota Middle School Safe Routes to School — SW Dash Point Road Project and provide
direction to staff.
MAYOR'S RECO�iMEiS�TiON: Option 1.
O
4.
MAYOR APPROVAL. ! J DIRECTOR APPROVAL: 13o1Zp 21
Crnttmi ec auisc�l �f Initial/Date
[nitial/Date Initial/Date
COMMITTEE RECOMMENDATION: I move to forward Option 1 to the January 4, 2022 consent agenda
for approval.
COm ee Chair
Committee Member
Committee Member
PROPOSED COUNCIL MOTION: "I move to authorize the Mayor to execute the Letter of Understanding between
the City of Federal Way and Verizon for the Lakota Middle School Safe Routes to School — SW Dash Point Road
Project. "
(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 /2020
RESOLUTION 4
CITY OF FEDERAL WAY
MEMORANDUM
DATE: December 6.2021
TO: Land Use & Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: EJ Walsh, P.E., Public Works Director
John Mulkey, P.E. Senior capital Engineer JRM
SUBJECT: Lakota Middle School Safe Routes To School - SW Dash Point Road — Letter of
understandiniz with Verizon
Financial Impacts:
This item was not included within the approved budget for the Lakota Middle School Safe
Routes To School - SW Dash Point Road project. As proposed, it will be funded by Verizon in
the amount of approximately $23,000 (final amount to be determined by bid). Upon completion
of the Lakota Middle School Safe Routes To School - SW Dash Point Road project, all costs for
future maintenance of the facilities installed will be the responsibility of Verizon.
Background Information:
In the course of design of the Lakota Middle School Safe Routes To School - SW Dash Point
Road project it was determined that facilities for underground fiber optic lines owned by
MCImetro Access Transmission Services LLC DBA Verizon Access Transmission Services
(Verizon) were in conflict with the proposed improvements for this project and are required to be
relocated. It was determined the best method for both parties was to include Verizon's relocation
into a Joint Utility Trench with the City's conduit necessary for the project.
Verizon will reimburse the City for having the City's contractor to install conduit and vaults
supplied by Verizon as part of Joint Utility Trench of the project. A separate bid schedule will be
included in the project bid documents for the costs associated with the Verizon part of Joint
Utility Trench of the project.
Per the attached Letter of Understanding, Verizon will reimburse the City for all costs associated
with the Verizon part of the Joint Utility Trench for the project. The total estimated cost which
Verizon will pay to the City will be determined after bids are opened. The final cost will be
based on actual quantities of work completed. The attached Letter of Understanding shows the
methodology used to calculate the costs to be billed to Verizon.
Rev 6/2020
LETTER OF UNDERSTANDING
BETWEEN THE CITY OF FEDERAL WAY
AND
MCIMETRO ACCESS TRANSMISSION SERVICES LLC DBA VERIZON ACCESS TRANSMISSION
SERVICES
FOR
LAKOTA MIDDLE SCHOOL SAFE ROUTES TO SCHOOL PROJECT
(SW DASH POINT ROAD (21 ST AVE SW TO SW 312TH ST))
THIS LETTER OF UNDERSTANDING (this "LOU") is made and entered into this day of
2021, by and between the City of Federal Way (hereinafter "City") and MClmetro Access
Transmission Services LLC DBA Verizon Access Transmission Services. (hereinafter "Verizon"), collectively
referred to herein as the "Parties."
WHEREAS, the City proposes to proceed with the Lakota Middle School Safe Routes to School Project
(SW Dash Point Road (21 st Ave SW to SW 312th St)) (hereinafter "Project"); and
WHEREAS, Verizon provides fiber optic cable service in the general area of the Project in accordance
with Franchise Agreement, Ordinance Number 18-845, respectively and applicable Washington State, City of
Federal Way laws and regulations; and
WHEREAS, in connection with the roadway improvements being undertaken by the City, Verizon will be
required to relocate certain underground facilities such as cables and vaults into a relocated underground duct
and vault system within the Project area; and
WHEREAS, In accordance with the Federal Way — MClmetro Access Transmission Services LLC DBA
Verizon Access Transmission Services Franchise Agreement, Ordinance No. Number 18-845, if the City
charges Verizon for use of a provided trench, Verizon shall participate in the joint trench portion of the project
(the "Joint Utility Trench Work") and pay the City a portion of the trench costs, including but not limited to, trench
bedding, backfill, restoration and traffic control commensurate with Verizon's proportionate share of trench
usage.
Lakota Middle School Safe Routes to School Project Page 1 2021
NOW, THEREFORE, it is hereby agreed by and between the Parties hereto as follows:
PRECONSTRUCTION ESTIMATE.
Exhibit A is a good faith project cost estimate for Verizon's share of Joint Utility Trench Work and
for installation of conduit and vaults furnished by Verizon. Costs are based on an engineer's estimate provided
by the City. Exhibit B is a good faith total project cost based on an estimate of Verizon's share of project
administrative costs.
II. BIDDING AND CONSTRUCTION.
A. It is the intention of the City and Verizon that Verizon plans and specifications shall be
incorporated into the Contract Bid Documents for the Project in such a manner as to allow, to the extent
possible, identification of cost allocations between the Parties. To ensure reasonable and balanced bids by
potential contractors within the bidding process, the City agrees to maintain Verizon duct and vault line items as
a separate schedule.
B. Following opening of construction bids on the Project, new Exhibits with actual accepted
bid prices will be added by mutual agreement of the parties based on the bid responses submitted for Verizon
Joint Utility Trench Work. The new Exhibits will be provided to Verizon for its review. Within twenty days of
receiving the bid prices, Verizon shall notify the City in writing that Verizon approves their portion of the bid
award plus administrative costs. Bid award shall be made to the lowest responsible bidder for the total Project
subject to applicable laws and regulations.
III. CONTRACT ADMINISTRATION.
A. The City shall provide the necessary administrative, construction observation, and clerical
services necessary for the execution of the Project. In providing such services, the City Director of Public
Works and/or his or her designee may exercise all the powers and perform all the duties vested by law in him or
her. Verizon grants to the City Director of Public Works and/or his or her designee authority to act on behalf of
Verizon sufficient to carry out the provisions of this Letter of Understanding.
B. Verizon shall notify the City, in writing, of any changes it wishes to make in the plans and
specifications which affect Verizon Joint Utility Trench Work, which changes shall be made, if feasible. The City
shall notify Verizon, in writing, of any changes required of the Joint Utility Trench Work and shall obtain
Verizon's approval of such changes. Verizon's approval shall not be unreasonably withheld. Verizon shall be
responsible for all costs incurred, directly or indirectly, as a result of these or any other changes required or
requested by Verizon.
IV. PAYMENT.
A. Verizon shall reimburse the City for all costs incurred by the City in performing the Joint
Utility Trench Work, which costs shall include, but are not limited to, the Joint Utility Trench Work performed by
the Project contractor(s), all Verizon requested changes, and Verizon's cost share of the City services
described in Paragraph III (A) herein.
Lakota Middle School Safe Routes to School Project Page 2 2021
B. All payments shall be due from Verizon to the City within forty-five (45) days after receipt
by Verizon of said sums billed to Verizon. Amounts unpaid after said due date shall accrue interest at a rate of
one (1) percent per month.
V. INDEMNIFICATION AND HOLD HARMLESS.
A. The City agrees to indemnify and hold Verizon, its officers, employees, and agents
harmless from any and all claims, demands, losses, actions, and liabilities (including costs and all attorney fees)
to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or
representatives, arising or resulting from, or connected with, this LOU to the extent caused by the negligent
acts, errors or omissions of the City, its agents or employees, or by the City's breach of this LOU.
B. Verizon agrees to indemnify and hold the City, its elected officials, officers, employees,
and agents harmless from any and all claims, demands, losses, actions, and liabilities (including costs and all
attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents,
licensees, or representatives, arising or resulting from, or connected with, this LOU to the extent caused by the
negligent acts, errors, or omissions of Verizon, its agents or employees, or by Verizon's breach of this LOU.
The provisions of this paragraph shall survive the expiration or termination of this LOU with respect to
any event occurring prior to such expiration or termination.
VI. DURATION.
This LOU shall be in full force and effect from the date of signature by all Parties to the date the
City completes the Final Inspection upon completion of the Project and may be extended for additional periods
of time upon mutual written agreement of the City and Verizon. Adherence to deadline dates is essential to the
performance of this LOU.
VII. OTHER PROVISIONS.
A. The City shall retain ownership and usual maintenance responsibility for the roadway,
storm drainage system, sidewalks, landscaping, traffic signals, and all other appurtenances related thereto.
B. Verizon shall take ownership of duct and vault system following completion of the
construction and acceptance of duct and vault system. Verizon shall be responsible for maintenance of duct
and vault system after the transfer of ownership of the duct and vault system.
C. Verizon, at its own expense, will install cable in the new duct and vault system along with
pedestal etc., as required by Verizon. Verizon shall be required to obtain a Right -of -Way Permit to install cable
in the new duct and vault system and to wreck out its obsolete aerial facilities.
D. This LOU contains the entire written agreement of the Parties and supersedes all prior
discussion. This LOU may be amended only in writing, signed by both Parties.
E. Any provision of this LOU, which is declared invalid, void, or illegal shall in no way affect,
impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect.
Lakota Middle School Safe Routes to School Project Page 3 2021
IN CONSIDERATION of the mutual benefit accruing herein, the Parties hereto agree that the work, as
set forth herein, will be performed by the City under the terms of this LOU.
IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year
first above written.
CITY OF FEDERAL WAY: MCImetro ACCESS TRANSMISSION SERVICES LLC DBA
VERIZON ACCESS TRANSMISSION SERVICES:
Jim Ferrell, Mayor
33325 8th Avenue South
Federal Way, WA 98063-6325
(253) 835-2401
APPROVED AS TO FORM:
ATTEST:
Stephanie Courtney, City Clerk
Street
City/State/ZIP
PHONE
Lakota Middle School Safe Routes to School Project Page 4 2021
Exhibit "A"
Estimated Costs -Conduit and Vault
Lakota Middle School Safe Routes to School Project
(SW Dash Point Road (21st Ave SW to SW 312th St))
id Item N Section I
Description
I Qty
UNIT
lUnit Cost
JTotal
Schedule E - Verizon Conduit and Vaults
E1
1-04
MINOR CHANGE
1
FA
$2,000.00
$2,000.00
E2
8-32
INSTALL CONDUIT 2-In.
355
LF
$4.00
$1,420.00
E3
8-32
RELOCATE VAULT
1
EA
$1,000.00
$1,000.00
E4
8-32
INTERCEPT AND RETRAIN
VERIZON CONDUIT
1
FA
$3,000.001
$3,000.00
SCHEDULE E COST = $7,420.00
Lakota Middle School Safe Routes to School Project Page 5 2021
Tolal 0 Total A
%
V."—
Conduil
Condon
Slurs
2'
CFW 4' CFW 4' T.
In
Trench
Of
% of . % orTrethc
%of SO E=
: of pit Rwr %
01 Gram(
UNlly Seckion
Begin End
Conduit
CanhA Condu9 Utility
Trench
Length
Trench
MoNiration Control
for JUT
$am Borrow
Nolen
VERIZON
1155 1183
1
1
3
28
33%
S90.26
$395.67
$105.16
S34.18
$064
VERIZON
1183 1456
1
1
3
273
33%
SB60.06
$3,857.76
$1.025.35
$333.24
S47473
VERIZON
1456 1495
1
1
3
39
33%
$125.72
$55111
S14E.46
$47.61
567.75
VERIZON
1495 1510
1
1
2
15
50%
S12$4
5317.95
SM 51
S2746
539.05
prgpc Tots
54.00
I600
369
S1,1E a
mum
Stxl5o
$44249
"290
Madliradon z (Proled Mao X (UIG Bid CostrProjecl BM Coal - Mob))
Tmfric Control - (Total TCS+ Total Flaggma a Spoaere+0(her TC Labor +Otter TC Control +S"ttemlel Arrow S TOTAL TRENCH COSTS VER¢ON $8.724.73
ConAr4 awoepa are not measured
Lakota Middle School Safe Routes to School Project Page 6 2021
Exhibit "B"
Estimated Costs
Lakota Middle School Safe Routes to School Project
(SW Dash Point Road (21st Ave SW to SW 312th St))
ESTIMATED CONSTRUCTION, PROJECT ADMINISTRATION AND CONSTRUCTION
MANAGEMENT COSTS FOR INCLUDING VERIZON JOINT UTILITY TRENCH (JUT) WORK
ESTIMATED DESIGN COSTS for JUT
Labor -City (10% of CN costs)
ESTIMATED CONSTRUCTION COSTS
Conduit and Vault -Schedule "E" Cost (Exhibit "A")
Share of Joint Utility Trench Estimated Costs (Exhibit "A")
Subtotal Construction
Construction Contingency (10% of Construction Cost)
Construction Management (15% of Construction Cost)
ESTIMATED TOTAL CONSTRUCTION COST
ESTIMATED PROJECT COSTS (Design and Project Cost)
Project Administration (5% of Project Cost)
TOTAL ESTIMATED COST
$ 1,614.47
$ 7,420.00
$ 8,724.73
$ 16,144.73
$ 1,614.47
$ 2,421.71
$ 20,180.91
$ 21,795.18
$1,089.76
$ 22,884.94
Note: The LOU will be amended upon receipt of the lowest responsible bid. Costs presented
are estimates only. Actual costs incurred will be used to calculate final cost of Verizon Joint
Utility Trench Work for reimbursement to the City.
KACAPITAL PROJECTS\Programmedt204 - SW Dash Point Road @ Lakota MSN02 AGREEMENTSWERIZON\Letter of Understanding NERIZON DRAFT.doc
Lakota Middle School Safe Routes to School Project Page 7 2021
COUNCIL MEETING DATE: J........ .anuary 4, 2022 ITEM #: 5 e
. ....... ...
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ADAPTIVE TRAFFIC SIGNAL CONTROL -CITY CENTER -PHASE 2-85% DESIGN STATUS REPORT AND
AUTHORIZATION TO BID
POLICY QUESTION: Should City Council authorize staff to bid the Adaptive Traffic Signal Control -City Center -
Phase 2 project and return to the LUTC and Council for bid award, further reports, and authorization?
COMMITTEE: Land Use & Transportation MEETING DATE: December 6, 2021
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Naveen Chandra, P.E., Senior Capital Engineer DEPT: Public Works
Attachments: 1. Land Use & Transportation Committee Memorandum dated December 6, 2021
Options Considered:
1. Authorize staff to bid the Adaptive Traffic Signal Control -City Center -Phase 2 project and return to
the LUTC and Council to award the project to the lowest responsive, responsible bidder
2. Do not authorize staff to bid this project and provide direction to staff
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the January 4, 2022 City
Council consent agenda f4approval.
MAYOR APPROVAL:
Initia Mate
,DIRECTOR APPROVAL: � ?a� 1� 1W&N
Initial/Date
COMMITTEE RECOMMENDATION: I move to forward Option I to the January 4, 2022 consent agenda for
approval.
Coinmittee Chair Hoang Tran, Committee Member Martin Moore, Committee Member
PROPOSED COUNCIL MOTION: "I move approval of Option 1. "
(BELO" T1OBECOMPLETED BYCITY CLERKS CIFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED First reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED—11/2020 RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: December 6, 2021
TO: Land Use & Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: E.J. Walsh, P.E., Public Works Directo
Naveen Chandra, P.E., Senior Capital Engineer NO
SUBJECT: Adaptive Traffic Signal Control -City Center- Phase 2— 85% Design Status Report and
Authorization to Bid
FinancialImpacts:
This project was included and is projected to be completed within the approved budget under capital
project #233. In accordance with the approved budget this project is funded by a grant from Puget Sound
Regional Council (PSRC) in the amount of $600,000 and the remainder in City funds. Upon completion
of this project, ongoing costs associated with operations and maintenance will be performed and funded
through streets maintenance. Funding requirements for operations and maintenance of infrastructure is
reviewed and adjusted as required during the budget process.
Back2round Information:
The adaptive traffic control system is a system that monitors traffic conditions in real time and modifies
the signal timing every signal cycle. This reduces delays and stops, thus improving both air quality and
safety. This project adds the Adaptive Traffic Control System detection at nine (9) intersections in the
City Center Area which were deleted in the previous phase due to lack of funds. This project also adds
surveillance cameras and Automated Traffic Signal Performance Measures to the major corridors of S
320`h Street and Pacific Highway (SR 99).
The following provides a brief synopsis of the progress on this project to date. Currently, the project
design is 85% complete,.which includes the following completed tasks:
• As -Built Review and Field Investigation
• Project Design to 85%
• Environmental Documentation
Ongoing Tasks Include:
Final Plans, Specifications and Estimate
WSDOT approval
PROJECT ESTIMATED EXPENDITURES:
Design ( City staff)
$26,640
Design (Consultant)
$48,360
2021 Construction Cost
$580,000
10% Construction Contingency
$58,000
Construction Management (City Staff)
$67,000
Construction Management Support (Consultant)
$20,000
WSDOT
$5,000
Construction Inspection (King County)
$20,000
TOTAL PROJECT COSTS
$825,000
December 6, 2021
Land Use and Transportation Committee
Adaptive Traffic Signal Control -City Center -Phase 2
Page 2
Rev. 6/2019
AVAILABLE FUNDING:
PSRC Grant (Federal) $600,000
City Funds (BEET) $75,000
City Funds (306 Fund Unallocated Restricted $150,000
Funds *)
TOTAL AVAILABLE BUDGET $825,000
*Real Estate Excise Tax (REET), Motor Vehicle Excise Tax (MVET), Traffic Impact Fees (TIF)
After receiving bids, the total project costs will be refined and presented to the Committee and Council
for bid award authorization. Staff anticipates bidding this project in February 2022. Construction is
anticipated to start in Spring 2022 with an estimated substantial completion date in Fall 2022.
COUNCIL MEETING DATE: January 4, 2022 ITEM #: 5f
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ACCEPTANCE OF HOUSING ACTION PLAN IMPLEMENTATION (HAPI) GRANT
POLICY QUESTION: Should the City of Federal Way accept a State Department of Commerce grant to
implement the Housing Action Plan?
COMMITTEE: Land Use and Transportation
CATEGORY:
N Consent ❑ Ordinance
❑ City Council Business ❑ Resolution
STAFF REPORT BY: Chaney Skadsen, Associate Planner a -r
.................... .............................. ... .
Attachments: 1. Staff Report
Options Considered:
1. Accept the $100,000 HAPI grant
2. Do not accept the grant
MAYOR'S
Option 1
MEETING DATE: Dec. 6, 2021
❑ Public Hearing
❑ Other
DEPT: Community Development
MAYOR APPROVAL: td�j- ?' V % '07DIRECTOR APPROVAL: 02 11/17/21
(_Onnnl •r ouncii y/ initial/Date
gopr Initial/Date innialMal
COMMITTEE RECOMMENDATION: I move to forward Option 1 to the January 4, 2022 Consent Agenda
for approval.
Co ittee Chair Committee Member Hoang Tran, Committee Member
PROPOSED COUNCIL MOTION: "I move to accept the S100,000 grant from the Department of Commerce to
implement the Housing Action Plan. "
(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 /2020 RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: December 6, 2021
TO: Land Use & Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: Brian Davis, Community Development Director=
Keith Niven, AICP, CEcD, Planning Mana
Chaney Skadsen, Associate Planner A_,1V
SUBJECT: Acceptance of Housing Action Plan Implementation Grant
FINANCIAL IMPACTS:
There is no match requirement to the city for accepting the grant. Staff time will be needed to
manage and track the grant, but no other financial obligation will be needed.
BACKGROUND INFORMATION:
The 2019 Washington State Legislature passed House Bill 1923 encouraging all cities planning
under the Growth Management Act to adopt actions to increase residential capacity. In October
2021, the City Council approved the city's Housing Action Plan and authorized staff to apply for
grant funding from the Washington State Department of Commerce.
Two grant applications were submitted to the Department of Commerce: one for Housing Action
Plan Implementation (HAPI), and the second for Transit -Oriented Development Implementation
(TODI). The city was successful in the $100,000 HAPI grant but not in the $250,000 TODI
grant, which would have included an analysis of 21" Ave S between 316th and 320th as a
pedestrian -oriented corridor that connects the PAEC property, Transit Center, and Commons
Mall with a grade -separated crossing at 320th.
Grant deliverables include:
1. Evaluation of existing tools: Report on financial incentives and processes developed by
the city to facilitate housing production.
2. Market evaluation: Multi -family development feasibility study (construction costs, land
costs, and current rents) including a school impact fee analysis.
3. Gap analysis and remediation recommendations: Quantify impediments (financial and
regulatory gaps/barriers) to housing development meeting 2044 housing target. Develop
strategies the city can implement to address the identified gaps or barriers.
4. Implementation Prioritization: Develop schedule and pathway forward for remediation
recommendations.
5. Develop Manitorin Program: Establish a program benchmark template to track the use
and effectiveness of the city's development incentive program.
MAYOR'S RECOMMENDATION
The Mayor recommends acceptance of the $100,000 HAPI grant.
COUNCIL MEETING DATE: January 4, 2022 ITEM #: 6 a
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: CITY OF FEDERAL WAY RESOLUTION REQUESTING THE KING COUNTY PROSECUTOR PAUSE
IMPLEMENTATION OF THE RESTORATIVE COMMUNITY PATHWAYS (RCP) PROGRAM.
POLICY QUESTION: Should City Council approve the resolution asking for King County to pause the
implementation of the Restorative Community Pathways (RPC) Program?
COMMITTEE: NA MEETING DATE: NA
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
X City Council Business X Resolution ❑ Other
STAFF REPORT BY: Steve McNey, Intergovernmental & Public Affairs DEPT: Mayor's Office
Officer
Attachments:
1 Resolution
Options Considered:
1. Approve proposed resolution.
2. Do not approve proposed resolution and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1.
MAYOR APPROVAL: 7 % DIRECTOR APPROVAL� 2/2 vz /
rnnmi Council lnitia ate
Inilial! ale Initial/Date
COMMITTEE RECOMMENDATION: N/A
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the City of Federal Way resolution asking the King
County Prosecutor to pause implementation of the Restorative Community Pathways (RCP) Program. "
(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 #
RESOLUTION NO.
A RESOLUTION of the City of Federal Way, Washington, requesting
the King County Prosecutor pause implementation of the Restorative
Community Pathways ("RCP") Program.
WHEREAS, the King County Prosecuting Attorney implemented, without notice,
coordination, or input from the municipalities he serves, the purported diversion program,
Restorative Community Pathways ("RCP"), that does not prosecute serious felonies for first-time
Juvenile offenders; and
WHEREAS, the City of Federal Way and as we understand our neighboring municipalities
were only made aware of this lack of prosecution through "RCP" nearly one month after the program
was quietly instituted through a PowerPoint presentation, which has been criticized for its lack of
professionalism, poor humor, and taunting nature by those that received the presentation; and
WHEREAS, the City of Federal Way supports programs like "RCP" for simple misdemeanor
crimes; and
WHEREAS, serious felony crimes such as residential and commercial burglary, felony
harassment, car theft, organized retail theft, and bringing a gun to school should not be automatically
deferred to RCP for first time Juvenile offenders, especially without without the accountability of
judicial review.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Section 1. To call on the King County Prosecuting Attorney to immediately pause the so-
called "RCP" program and engage in further conversation to review the felony crimes included in
Resolution No. 22- Page 1 of 3
this program. We believe working together we can find balance between restorative justice and the
safety of our communities. We further request that moving forward the King County Prosecuting
Attorney's Office add a much -needed judicial component to the "RCP" program in order to ensure
accountability for offenders.
Section 2. Severabil ity. If any section, sentence, clause or phrase of this resolution should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause, or phrase of this resolution.
Section 3. Corrections. The City Clerk and the codifiers of this resolution are authorized to
make necessary corrections to this resolution including, but not limited to, the correction of
scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any
references thereto.
Section 4. Ratification. Any act consistent with the authority and prior to the effective date of
this resolution is hereby ratified and affirmed.
Section 5. Effective Date. This resolution shall be effective immediately upon passage by the
Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON this day of , 20_
[signatures to follow]
Resolution No. 22- Page 2 of 3
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:
RESOLUTION NO.:
Resolution No. 22- Page 3 of 3
COUNCIL MEETING DATE: January 4, 2022 ITEM #: 6b
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: RESOLUTION: AMENDING CITY COUNCIL RULES OF PROCEDURE
POLICY QUESTION: Should the City Council amend the Council Rules of Procedure to create a position of
Deputy Mayor in addition to the current position of Council President?
COMMITTEE: N/A MEETING DATE: N/A
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. Resolution
Options Considered:
1. Approve proposed resolution.
2. Do not approve proposed resolution and provide direction to staff.
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL: N/A
Committee
Initial/Date i
COMMITTEE RECOMMENDATION: N/A
Initial/Date
r DIRECTOR APPROVAL: 7.1
Initial/rh
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the proposed resolution. "
(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 #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: December 15, 2021
TO: City Council Members
VIA: Jim Ferrell, Mayor
FROM: J. Ryan Call, City Attorney
SUBJECT: Proposed Changes to Council Rules of Procedure
Financial Impacts:
There are no foreseeable financial impacts to the City attributable to these proposed changes.
Background Information:
Per Council's direction at the December 7, 2022 Regular Council Meeting, I have drafted a
resolution that would change the Council Rules of Procedure to:
• Make it clear that the Council President position will serve the function of "mayor
pro tempore" as described in RCW 35A.12.065 to serve as mayor during times of the
Mayor's absence or temporary disability.
■ Create a position to assist and advise the Council President called the "Deputy
Mayor." The Deputy Mayor will serve as an internal council officer to assist the
Council President in the administration of council business (agenda setting, acting as
an ex officio member of committees to create a quorum when required, committee
appointments, etc.).
Additionally, I have proposed as a house keeping matter a change to the language of rule 23.1
to require a simple majority vote instead of 2/3 majority vote to suspend those council rules
not dictated by state law or ordinance. This is to make the voting requirement to suspend a
rule consistent with the simple majority to needed to create or rescind rules.
Rev. 7/18
and
RESOLUTION NO.
A RESOLUTION of the City of Federal Way, Washington, Amending
the City Council Rules of Procedure.
WHEREAS, the Federal Way City Council adopted the Council Rules of Procedure in 1992;
WHEREAS, the Federal Way City Council has modified the Rules of Procedure many times
since 1992; and
WHEREAS, the Federal Way City Council directed the City Attorney to prepare an
amendment to the Rules of Procedure to create a Council position of "Deputy Mayor" subordinate to,
and distinct from, the position of "Council President" and to alter the Rules consistent with the
position.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Section 1. The Council Rules Index shall be amended as follows:
SECTION NO.
1
2
3
4
5
6
7
Resolution No. 21-
TITLE PAGE NO.
Authority
1
Council Meetings
1
Agenda Preparation
6
Council Discussion
7
Citizen Comment
7
Motions
8
Ordinances
10
Page I of 47
8
Presiding Officer
11
9
Council Relations with City Staff
11
10
Council Meeting Staffing
12
11
Council Member Attendance at Meetings
12
12
Public Hearings
14
13
Media Attendance at Council Meetings
15
14
Council Representation and Social Media Use
15
15
Confidentiality
17
16
Council Travel & Expenses
17
17
Public Records
24
18
Council President and Deputy Mayor Selection Process
24
19
City Advisory Bodies
25
20
Council Committees
28
21
Filling City Council and Mayor Vacancies
29
22
Miscellaneous
32
23
Suspension and Amendment of Rules
33
Section
2. Rule 2.2 (c) shall be amended as follows:
(c)
Proclairsations and Presentations
i. A Proclamation is defined as an official announcement made by either
the City
Council or the Mayor.
City Council Proclamations are defined as those non -controversial events
that
have a major citywide impact. City Council Proclamations will be publicly
read
at a City Council meeting and presented to a representative of the event during
the Council meeting.
Mayor's Proclamations are defined as those non -controversial events which are
requested by and for a special interest group within the City.
Mayor's
Resolution No. 21- Page 2 of 47
Proclamations are signed by the Mayor and forwarded to a representative of the
event.
Controversy is defined as a dispute, especially a lengthy and public one, between
sides holding opposing views.
The Mayor, -and Council President, and Deputy Mayor will determine together if
a Proclamation request is for a City Council Proclamation or a Mayor's
Proclamation.
Council Members may request that a Council Proclamation be added to a regular
meeting agenda by submitting a draft of the proposed text of the Proclamation to
the Council President or Mayor prior to the agenda setting meeting outlined in
Section 3 of these rules. Council Members who propose a Proclamation must
identify a person to receive the proclamation no later than noon on the Thursday
before the meeting where it is to be presented.
ii. Mayor - Emerging Issues and Report
iii. Council Committee and Regional Committee Reports
iv. Deputy Mayon'oune;l °resideat Report
V. Council President Repo
Section 3. Rule 2.4 (a) shall be amended as follows:
(a) The Mayor and Council President will sit in chairs #4 and #5, respectively (the center
seats at the dais); the Deputy Mayor will sit in chair 43_and
Section 4. Rule 3.2 shall be amended as follows:
3.2 The agenda is subject to approval by the Council President, Deputy Mayor, and one
Committee Chair. The assignment of the Committee Chair will be for one year. Should the
designated Committee Chair decline the assignment, the assignment will fall to the next
Chair in order. The Committee Chair tasked with assisting the Council President and DepLity
Mayor in approving the agenda will be assigned in in the following order:
Finance/Economic Development/Regional Affairs Committee
Land Use/Transportation Committee
Parks/Recreation/Human Services & Public Safety Committee
Section 5. Rule 8.1 shall be amended as follows:
Resolution No. 21- Page 3 of 47
8.1 The Presiding Officer at all meetings of the Council will be the Mayor, and in the absence of
the Mayor, the Council President will act in that capacity. If both the Mayor and Council
President are absent, the DeputyDepuly Ma or will preside. If the M or, Council President. and
Deputy Mayor are absent the Council Members present will elect one of its members to serve
as Presiding Officer until the return of the Mayor, er-Council President. or Deputy Mayor.
Section 6. Rule 9.3 shall be amended as follows:
9.3 All written requests for information from Council Members twill be submitted by City
staff, after approval of the Mayor, to all Council Members with a notation indicating which
Council Member requested the information.
Section 7. Rule 11.4 (b) shall be amended as follows:
(a) Effect. Votes cast by the Council Member attending remotely will have the same
effect as votes cast by members physically present at the meeting. The Mayes
Comic i' Presideat, r. CA;;;;^i' A.4e bef aefing residing Officer must be physically
present at the meeting.
Section 8. Rule 16.9 shall be amended as follows:
16.9 PERSONAL VEHICLE
Expenses will be reimbursed for travel within a 300=mile radius of the City at such rate per
mile as will be established from time to time by the Mayor, but not to exceed the then current
maximum rate allowed by the United States Internal Revenue Service for reimbursement of
such expenses for purposes of business travel expense deductions. Trips beyond this limit
will be reimbursed at the lower of. -(1) the established rate per mile; or (2) the lowest
available airfare obtainable by the City plus mileage reimbursement at the then current City
rate, based upon the estimated distance between the airport and the destination. Incidental
travel costs such as parking, ferry or bridge tolls are reimbursable as they would be if a City
vehicle was provided.
Section 9. Rule 16.17 (a) shall be amended as follows:
(a) Allowable Incidental Expenses:
Laundry expenses if away from home four (4) or more calendar days
Baggage checking
Resolution No. 21- Page 4 of 47
Business telephone and postage expenses. Personal telephone calls home, if
away from home for more than a 24=hour duration, are considered a business
telephone expense
Section 10. Rule 16.18 (a) shall be amended as follows:
(a) Meals consumed by the City official during meetings and other functions that.
conduct official City business or serve to benefit the City are reimbursable to the
official.
Section 11. Rule 16.21 shall be amended as follows:
16.21 CLAIMS AND APPROVAL PROCEDURE
All claims will be submitted for reimbursement using the form provided by the City Finance
Department. Travel and subsistence expenses except for incidental and minor costs will not
be paid from any petty cash fund, unless it complies with the is in „n,, .Hance )Niih_petty cash
policy adopted by the City.
Section 12. Section 18 of Council Rules shall be amended as follows:
SECTION 18. COUNCIL PRESIDENT AND DEPUTY MAYOR SELECTION
PROCESS
18.1 The Council President and Deputy Mayor will be nominated and elected from the ranks of
the sitting Council Members.
18.2 The Council President shall exercise the authority of "deputy mayor" or "mayor pro temper'
described in
J -it), vote of the City Council in accer-danee with
RCW 35A.12.065. The Council President will be elected for a two (2) year term at the first
Regular City Council meeting in January by a majority vote consistent with RCW
35A.12.065. The City Council may rescind the vote of the Council President by a simple
majority. If a vacancy occurs, the Council will elect a Council President to fill the unexpired
term.
18.3 The Deputy Mayor will function as an internal council officer as outlined in these Rules of
Procedure or as delegated by the Council President. The Deputy Mayor will be elected for a
two (2) year term at the first Regular City Council meeting in January._
18.34 The Mayor or designee will conduct the election for the Council President and the Deputy
Mayor. (See Appendix "A" to these Rules.)
ReS0111tiol7 No. 21- Page 5 of 47
Section 13. Rule 19.12 shall be amended as follows:
19.12 Vacancies will be advertised not more than three times so that any interested citizen may
submit an application. Council Members are encouraged to solicit applications from qualified
citizens. In the event there are an insufficient number of applications to fill the vacancies, the
Council President or Deputy May will solicit new appointments and notify the City Clerk.
The City Clerk will notify Council Members of the proposed appointment(s). Any Council
Member may contact the City Clerk to request the interview process as set forth in Rule 19.9.
If no Council Member requests the interview process, the Council President will appoint said
new applicants and announce the appointment at a regular City Council meeting. Applicants
must be citizens of the City of Federal Way if required by the Federal Way Revised Code or
if required by the City Council. Applications will be available from the Office of the City
Clerk.
Section 14. Rule 19.16 shall be amended as follows:
19.16 All meetings of advisory bodies are open to the public in accordance with the public meeting
laws of the State of Washington, which requires a minimum 24-hour advance notice.; N_no
advisory committee will schedule a meeting earlier than 7:00 a.m.
Section 15. Rule 20.6 shall be amended as follows:
20.6 Committee appointments (chairs and members) will be made by the Council President in
consultation with the Deputy Mayor. The Council President will consider the interests and
requests of individual Council Members in making committee assignments.
Section 16. Rule 20.8 shall be amended as follows:
20.8 The Council President or Deputy_ May may serve as an ex officio (voting) member of a
committee when a quorum of committee members is not available. If, during a meeting when
the Council President or Deputy Mayor is serving as an ex officio member, a quorum of
committee members appears at the meeting, the Council President or Deputy Mayor will no
longer serve as an ex officio member unless there is a pending matter before the committee
that the Council President or Deputy Mayor has participated in discussions for and is
prepared to vote on.
Section 17. Rule 20.9 shall be amended as follows.
20.9 The Council President in consultation with the Deputy Mayor will make committee
assignments each January, with members serving two (2) year terms. Council will ratify the
Council President's committee assignments at tlea Regular Gity Council mMeeting. The
Council President has the discretion to appoint or remove Committee members at any time,
subject to ratification by the Council.
Resolution No. 21- -- Page 6 of -47
Section 18. Rule 23.1 shall be amended as follows:
23.1 Any provision of these rules not governed by state law or ordinance, may be temporarily
suspended by a two thifds (2 -3) majority vote of the Council.
Section 19. Appendix "A" of Council Rules shall be amended as follows:
APPENDIX "A"
COUNCIL PRESIDENT AND DEPUTY MAYOR ELECTION PROCESS
(1) Any Council Member may nominate a candidate; no second is needed.
(2) Nominations are closed by a motion, second and 2/3 vote of Council.
(3) If only one (1) nomination is made, it is appropriate to make a motion and obtain a second to
instruct the City Clerk to cast a unanimous ballot for that nomination. Approval is by
majority vote of Council Members present.
(4) If more than one (1) nomination is made, an open election is conducted by roll call vote.
(5) To be elected, the nominee needs a majority vote of the Council.
(6) Elections will continue until a Council President and Deputy Mayor are4s elected by a
majority vote of the Council.
(7) The Mayor will declare the nominee receiving the majority vote —a 'lie Fiew CaunC
President.
.acient
rT.
Section 20. Those language changes shown as underline and strikethrough changes in the
preceding sections are hereby adopted and a clean version of the Council Rules accepting all changes
are attached as Exhibit A.
Section 21. Severabiiity. If any section, sentence, clause or phrase of this resolution should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause, or phrase of this resolution.
Resolution No. 21- Page 7 of 47
Section 22. Corrections. The City Clerk and the codifiers of this resolution are authorized to
make necessary corrections to this resolution including, but not limited to, the correction of
scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any
references thereto.
Section 23. Ratification. Any act consistent with the authority and prior to the effective date
of this resolution is hereby ratified and affirmed.
Section 24. Effective Date. This resolution shall be effective immediately upon passage by
the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON this day of , 20,.
[signatures to follow]
CITY OF FEDERAL WAY:
Resolution No. 21- Page 8 of 47
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:
RESOLUTION NO.:
Resolution No. 21- Page 9 of 47
Exhibit A
CITY OF FEDERAL WAY
CITY COUNCIL
RULES OF PROCEDURE
ADOPTED
JANUARY 21, 1992
Amended
March 17, 1992
May 19, 1992
July 21, 1992
December 15, 1992
April 20,1993
January 18,1994
June 7,1994
September 21, 1994
December 6,1994
November 16, 1999
February 19, 2002
February 19, 2003
April 6, 2004
March 7, 2006
May 15, 2007
September 18, 2007
March 3, 2009
February 16, 2010
November 23, 2010
December 7, 2010
February 1,2011
March 1, 2011
February 7, 2012
November 3, 2015
March 15, 2016
March 7, 2017
March 5, 2019
February 18, 2020
January_,2022
OFFICE OF THE CITY CLERK
Resolution No. 21- Page 10 of 47
Resolution No. 21- Page 11 of47
INDEX
SECTION NO.
TITLE PAGE NO.
1
Authority
1
2
Council Meetings
1
3
Agenda Preparation
6
4
Council Discussion
7
5
Citizen Comment
7
6
Motions
8
7
Ordinances
10
8
Presiding Officer
11
9
Council Relations with City Staff
11
10
Council Meeting Staffing
12
11
Council Member Attendance at Meetings
12
12
Public Hearings
14
13
Media Attendance at Council Meetings
15
14
Council Representation and Social Media Use
15
15
Confidentiality
17
16
Council Travel & Expenses
17
17
Public Records
24
18
Council President and Deputy Mayor Selection Process
24
19
City Advisory Bodies
25
20
Council Committees
28
21
Filling City Council and Mayor Vacancies
29
22
Miscellaneous
32
23
Suspension and Amendment of Rules
33
Resolution No. 21- Page 12 of'47
SECTION 1. AUTHORITY
1.1 The Federal Way City Council hereby establishes the following Rules of Procedure ("Rules")
for the conduct of Council meetings, proceedings and business. These Rules will be in effect
upon adoption by the Council and until such time as they are amended or new Rules are
adopted.
SECTION 2. COUNCIL MEETINGS
2.1 TYPES OF MEETINGS
(a)- Regular Meetings
Council's regular meetings will be held the first and third Tuesdays of each month in
Council Chambers, City Hall with the exceptions outlined below
Regular meetings of Council will begin at 6:30 p.m., and will adjourn no later than
10:00 p.m. To continue past this time of adjournment, a majority of the Council must
concur.
If any Tuesday on which a meeting is scheduled falls on a legal holiday or election
night, the meeting will be held at 6:30 p.m. on the first business day following the
holiday, or on another day designated by a majority vote of the Council.
In the month of August, one regular meeting of Council will be held on the second
Tuesday of the month in lieu of meetings on the first and third Tuesdays.
Unless a majority of Council votes otherwise, the second regular meeting of Council
in December (on the third Tuesday) will not be held.
(b) Special Meetings
A special meeting of Council is any Council meeting other than a regular meeting.
Notice will be given at least 24 hours in advance of any special meeting specifying
the time and place of the meeting and the business to be transacted. A Special
Council meeting may be called by the Council President, the Mayor, or a majority of
the Council Members.
(c) Study Sessions
Council study sessions will be held as needed as directed by the Council President,
the Mayor, or by two (2) or more Council Members.
Resolution No. 21- Page 13 of 47
Study sessions will be informal meetings for the purpose of reviewing prospective
programs, receiving progress reports on current programs or projects, or to consider a
topic in greater detail than time might allow at a regular or special meeting.
No final action on a topic may be taken at a study session. Action on topics of study
sessions will be taken at a regular or special meeting of Council.
(d) Emergency Meetings
An emergency meeting is a special meeting of Council called without 24-hour notice.
An emergency meeting will be held only when immediate action of Council is
necessary to avoid or mitigate injury to persons or property and when 24-hour notice
of a special meeting is likely to increase the likelihood of such injury. Emergency
meetings may be called by the Mayor or a majority of Council Members. The
minutes will indicate the reason for the emergency meeting.
(e) Executive Session of Council
An executive session is that portion of a Council meeting that is closed to the public
and attended by the Council, the Mayor and necessary staff members and/or
consultants. Executive sessions may be held during Regular or Special Council
meetings. Prior to entering an executive session, the chair of the meeting will
publically state the legal basis for the executive session and the estimated time that
the meeting will be closed to the public. Should the estimated time of the executive
session be exceeded, a public announcement will be made that the executive session
is being extended. State law limits the topics that may be discussed in executive
session s and include such topics as real property acquisition and sale, public bid
contract performance, complaints against public officers and employees, public
employment applications and public employee evaluation, elective office
appointments and attorney -client discussions.
(f) Retreats
The annual retreat will be scheduled before March 1 of each year. Council may
request that the Mayor schedule a mid -year retreat at its discretion.
2.2 ORDER OF REGULAR COUNCIL MEETING AGENDA
(a) Call Meeti n To ❑rder
The Mayor calls the meeting to order. The Mayor will announce the attendance of
Council Members and indicate any Council Member who is not in attendance and
whether or not the Council Member's absence is excused. The Mayor may, with the
concurrence of the Council, take agenda items out of order. Agenda items may be
added pursuant to Rule 3.3 of these Rules.
Resolution No. 21- Page 14 of'47
(b) Pledge of Allegiance
Council Members or invited guests lead the flag salute.
(c) Proclamations and Presentations
i. A Proclamation is defined as an official announcement made by either the City
Council or the Mayor.
City Council Proclamations are defined as those non -controversial events that
have a major citywide impact. City Council Proclamations will be publicly read
at a City Council meeting and presented to a representative of the event during
the Council meeting.
Mayor's Proclamations are defined as those non -controversial events which are
requested by and for a special interest group within the City. Mayor's
Proclamations are signed by the Mayor and forwarded to a representative of the
event.
Controversy is defined as a dispute, especially a lengthy and public one, between
sides holding opposing views.
The Mayor, Council President, and Deputy Mayor will determine together if a
Proclamation request is for a City Council Proclamation or a Mayor's
Proclamation.
Council Members may request that a Council Proclamation be added to a regular
meeting agenda by submitting a draft of the proposed text of the Proclamation to
the Council President or Mayor prior to the agenda setting meeting outlined in
Section 3 of these rules. Council Members who propose a Proclamation must
identify a person to receive the proclamation no later than noon, on the Thursday
before the meeting where it is to be presented.
ii. Mayor - Emerging Issues and Report
iii. Council Committee and Regional Committee Reports
iv. Deputy Mayor Report
V. Council President Report
(d) Citizen Comment
Members of the audience may comment on items relating to any matter, except for
topics prohibited by RCW 42.17A.555 (prohibiting the use of facilities of a public
office to support or oppose a ballot measure or an election campaign for public
Resolution No. 21- Page 15 of 47
office). Citizen comment sign-up sheets will be available at each regular council
meeting for the use of those citizens wishing to address the Council. Comments are
limited to three (3) minutes, except the follow will be allowed five (5) minutes:
- a person whose property is the subject of a condemnation ordinance
then pending before the City Council;
- a person speaking on behalf of a group of more than five (5) in
attendance;
- a person speaking with written proof that more than five (5) other
citizens have designated the speaker as spokesperson.
No speaker may convey or donate his or her time to another speaker.
The Mayor may allow citizens to comment on individual agenda items at times
during the meeting other than the regularly scheduled Citizen Comment period.
These agenda items include, but are not limited to, ordinances, resolutions and
Council Business issues. (See also Section 5, "Citizen Comment" of these Rules.)
(e) Consent Agenda
Consent Agenda items have either been previously considered by a City Council
Committee or are considered to be routine and non -controversial and may be
approved by one motion. Any Council Member may remove an item from the
Consent Agenda for separate discussion and action.
(f) Public Hearings
See Section 12 of these Rules for discussion of public hearing procedures.
(g) Council Business
Council Business items are those items other than items on the consent agenda,
resolutions, and ordinances requiring Council action.
(h) Ordinances
I. First Reading.
Discussion and debate by the City Council may be held at this time. Council
Members may request amendments to the ordinance or direct staff to further
review the ordinance.
Citizen Comment in accordance with Rule 2.2(d) above will be accepted at
First Reading of all Ordinances, unless there is a public hearing on -the topic
during the same meeting.
Resolution No. 21- Page 16 of 47
ii. Second Reading and Enactment.
Council Members approve the ordinance for enactment as an enforceable City
law.
iii. Mayor's Action.
Upon successful passage of an ordinance, the Mayor may:
A. Approve the ordinance as passed by Council and sign the ordinance; or,
B. Veto the enacted ordinance by submitting written objections to the City
Clerk and the City Council within ten (10) calendar days; or,
C. Not sign the ordinance, which will then become valid after ten (10)
calendar days have elapsed.
iv. Council Response to a Mayoral Veto.
A. Upon receiving notice of a veto with written objections, the City Council
may amend the agenda of the next City Council meeting to have the
written objections read into the record during Council Business. The City
Council may then take action at the City Council meeting or at the
following City Council meeting. City Council may respond to a veto by:
I. Reconsidering and modifying the enacted ordinance to
incorporate solutions to the Mayor's written objections; or
II. Override the Mayor's veto by a vote of five (5) Council Members
(a majority plus one).
B. If the Mayor does not sign an ordinance within ten (10) days of passage,
the Council President will sign the ordinance.
V. Publication of the Ordinance
The City Clerk will publish the enacted ordinance title in the official
newspaper, which will establish the effective date, after final action by the
Mayor or the City Council.
(i) City Council Reports
Council Members may report on significant activities since the last meeting.
Resolution No. 21- Page 17 of 47
0) Executive Session
Executive session may be held in accordance with Rule 2.1(e) above.
(k) Adjournment
With no further business to come before the Council, the Mayor adjourns the
meeting.
2.3 MEETING MINUTES
The City Clerk will keep an account of all proceedings of the Council in accordance with
state and local law. These minutes will constitute the official record of the Council. With the
exception of scrivener's errors, official City Council meeting minutes will not be revised
without a majority vote of the Council at a regular meeting of Council.
2.4 COUNCIL MEMBER SEATING
City Council Members and the Mayor will be seated at the dais in the following order
(counting from left to right when facing the dais from the audience):
(a) The Mayor and Council President will sit in chairs #4 and #5, respectively (the center
seats at the dais); the Deputy Mayor will sit in chair #3.
(b) The remaining Council Members will be seated consecutively from left to right when
facing the dais from the audience with position #1 being in chair #1, position #2
being in chair 42, and so on.
SECTION 3. AGENDA PREPARATION
3.1 The City Clerk will prepare an agenda for each Council meeting specifying the time and
place of the meeting and a list of each item to be considered by the Council.
3.2 The agenda is subject to approval by the Council President, Deputy Mayor, and one
Committee Chair. The assignment of the Committee Chair will be for one year. Should
the designated Committee Chair decline the assignment, the assignment will fall to the
next Chair in order. The Committee Chair tasked with assisting the Council President and
Deputy Mayor in approving the agenda will be assigned in in the following order:
- Finance/Economic Development/Regional Affairs Committee
Resolution No. 21- Page 18 of l7
Land Use/Transportation Committee
Parks/Recreation/Human Services & Public Safety Committee
3.3 An item may be placed on a Council meeting agenda by:
(a) A majority vote of the Council;
(b) Council Consensus;
(c) By any two (2) Council Members;
(d) By the action of a Council Committee; or
(e) By the Mayor
3.4 The proposed agenda will be provided to all City Council Members no less than 48 hours
prior to publication.
3.5 The City Clerk will publish the final agenda no later than 5:00 p.m. on the Thursday prior
to the Council meeting. The complete Council packet will be published no later than 5:00
p.m. on the Friday prior to the Council meeting.
3.6 A majority of Council may vote to amend a regular meeting agenda after it has been
published. Such amendments to the agenda must occur at the start of the public meeting.
Any alteration of a special meeting agendas must be publicized at least 24-hours before
the scheduled meeting.
3.7 Legally required or publicly advertised Public Hearings will take precedence over other
agenda items.
3.8 All agenda packets and agenda items will be in the format provided by the City Clerk's
Office.
SECTION 4. COUNCIL DISCUSSION
4.1 All Council discussion will be governed by Robert's Rules of Order, Newly Revised. Where
there is a conflict between Robert's Rules of Order and these rules, these rules will control.
SECTION 5. CITIZEN COMMENT
5.1 Persons addressing the Council, who have not been invited to present as part of the formal
agenda, will be requested to step up to the podium, give their name for the record, and limit
their remarks to three (3) minutes. A person speaking on behalf of a group of more than five
(5) in attendance or written proof that more than five (5) designate as spokesperson may
speak for five (5) minutes. No speaker may convey or donate his or her time to another
speaker. All remarks will be addressed to the Council as a whole, and not to individuals such
as City staff members, Council Members or the Mayor. Any person making personal,
Resolution No. 21- Page 19 of47
impertinent, or slanderous remarks, or who becomes boisterous, threatening, or personally
abusive while addressing the Council, may be corrected by the chair or removed from the
meeting.
5.2 Written comments received prior to the start of the meeting will be accepted by the City
Clerk. The City Clerk will read the written comment into the record during the Public
Comment portion of the meeting. The time limits as set forth in Rule 5.1 will apply to written
comments being read into the record.
5.3 The Mayor has the authority to enforce these Rules, preserve order at all meetings of the
Council, and to cause the removal of any person from any meeting for disorderly conduct.
The Mayor may command assistance of any peace officer of the City to enforce all lawful
orders of the Mayor to maintain order at any meeting.
5.4 Citizens with complaints, concerns or questions, should be encouraged to refer the matter to
the Mayor, or ask that the matter be placed on a future City Council meeting, or Council
Committee agenda with the appropriate background information. Any citizen who voices a
concern or complaint at a City Council meeting that involves a potential violation of the
City's Code of Ethics will be advised by the Council, the Mayor or City staff, of the existence
of the City's Ethics Board, and of the procedures for requesting Ethics Board opinions or
investigations from the Ethics Board.
SECTION 6. MOTIONS
6.1 If a motion that requires a second does not receive a second, it dies. Examples of motions
that do not need a second include: nominations, withdrawal of motion, agenda order, request
for a roll call vote, and points of order.
6.2 A motion related to the passage of an ordinance, grant, or revocation of a franchise or
license, or any resolution for the payment of money that receives a tie vote is deemed to have
failed. Otherwise, the Mayor may vote to break a tie vote as outlined in RCW 35A.12.100.
6.3 Motions should be made clearly and concisely, outlining the proposed action to be taken.
Arguments in support of the motion should not be included in the motion.
6.4 After a motion and second, the Mayor will state the names of the Council Members making
the motion and second.
6.5 After a motion has been made and seconded, the Council may discuss their opinions on the
issue prior to voting. Council may question staff to seek their opinions on the likely
consequences of a proposed course of action. No further citizen comments may be heard
while there is a motion and a second on the floor, unless allowed by the Mayor.
6.6 When the Council reaches consensus without a formal vote on a topic that does not require a
formal vote, the Mayor will summarize the agreement at the conclusion of the discussion.
Resolution No. 21- Page 20 of 47
6.7 A motion may be withdrawn by the maker of the motion, at any time, without the consent of
the Council.
6.8 A motion to table is used to set aside a pending motion to handle business that is more
pressing. A motion to table may not interrupt the speaker that has the floor. It requires a
second and a majority vote. It is not debatable, but it is proper (and often required for the
member to briefly explain the reason for the motion). If the motion to table prevails, the
motion and all pending amendments to the motion are set aside to be considered at a future
time when it is "taken from the table." A tabled motion may be taken from the table at any
time during a regular meeting before it expires at the end of the next regular meeting. If an
item is not taken from the table before the adjournment of the next regular session, the
motion fails.
6.9 A motion to postpone to a certain time is the preferred method of postponing consideration
of an issue to a future time. It is debatable as to the reason for the postponement but not to
the merits of the main motion. It is amendable and may be reconsidered at the same meeting.
6.10 A motion to postpone indefinitely ends consideration of the main motion without taking a
direct vote on the merits of the main motion. It is debatable as to the reason for the
postponement as well as to the merits of the main motion. It is not amendable, and may be
reconsidered at the same meeting only if it received an affirmative vote.
6.11 A motion to call for the question closes debate on the main motion and is undebatable. This
motion requires a second and requires a two-thirds (2/3) majority to pass. Debate continues
normally if the motion fails.
6.12 A motion to amend the motion is to insert or add, strike out, strike out and then insert, or
substitute language in the motion it seeks to modify. Motion to amend requires a second and
a majority vote.
Motions that cannot be amended include: Motion to adjourn, agenda order, lay on the table,
roll call vote, point of order, reconsideration and take from the table. A motion to amend an
amendment is not in order.
6.13 A pending motion to amend is voted on first, then the main motion as amended is voted on
(if the amendment received an affirmative vote).
6.14 The motion maker, Mayor or City Clerk should repeat the motion prior to voting.
6.15 At the conclusion of any vote, the Mayor or City Clerk will announce the results of the vote.
6.16 When a question has been decided, any Council Member who voted in the majority may
move for reconsideration. A motion for reconsideration of a vote made after the meeting has
adjourned is out of order.
6.17 The City Attorney will decide all questions of interpretations of these Rules and other
questions of a parliamentary nature that may arise at a Council meeting. (See Section 4 of
Resolution No. 21- Page 21 of 47
these Rules.) All cases not provided for in these Rules will be governed by Robert's Rules of
Order, Newly Revised. In the event of a conflict, these Rules will prevail.
6.18 Roll call votes will be taken during all televised Council meetings on non -unanimous votes,
or if requested by a Council Member, or as required by law. The purpose of roll call votes is
to assist the City Clerk in recording the vote and to communicate to the viewing public
during televised City Council meetings the outcome of the vote. The official meeting minutes
will always reflect roll call votes on each action item.
6.19 The Mayor's decision on a point of order may be appealed. If seconded, the appeal will be
voted on by the Council. An appeal may not be amended, is not debatable when it relates to
breaches of decorum, violations of the rules of speaking, the priority of business, or if the
appeal is made while a previous question remains pending. An appeal is not in order when
another appeal is pending.
SECTION 7. ORDINANCES
7.1 All ordinances will be prepared or reviewed by the City Attorney. No ordinance will be
prepared for presentation to the Council, unless requested by a majority of the Council, the
Mayor, or the City Attorney.
7.2 Ordinances will be introduced and enacted by Council Bill Number. After enactment, the
City Clerk will assign a permanent ordinance number.
7.3 The City Clerk or designee will read the title of the ordinance prior to voting.
7.4 Upon enactment of the ordinance, the City Clerk will obtain the signature of the City
Attorney. After the City Attorney's signature, the City Clerk will obtain the signature of the
Mayor. After the Mayor's signature, the City Clerk will sign the ordinance.
7.5 If the Mayor vetoes an ordinance with written objections to Council, the Council may vote on
the disputed ordinance at the next City Council meeting. If a majority plus one of Council
vote to approve the disputed ordinance, it becomes effective in accordance with the effective
date in the ordinance. If a majority plus one of the Council does not approve the disputed
ordinance, it fails.
7.6 Ordinances, or ordinance summaries, will be published in the official newspaper immediately
following enactment.
7.7 Ordinances become effective thirty (30) days after the passage of the ordinance unless
otherwise specified in the body of the ordinance.
Resolution No. 21- Page 22 of'47
SECTION 8. PRESIDING OFFICER
8.1 The Presiding Officer at all meetings of the Council will be the Mayor, and in the absence of
the Mayor, the Council President will act in that capacity. If both the Mayor and Council
President are absent, the Deputy Mayor will preside. If the Mayor, Council President, and
Deputy Mayor are absent the Council Members present will elect one of its members to serve
as Presiding Officer until the return of the Mayor, Council President, or Deputy Mayor.
8.2 The Presiding Officer will:
(a) Preserve order and decorum in the Council chambers;
(b) Observe and enforce these Rules;
(c) Decide all questions on order, in accordance with these Rules, subject to appeal by
any Council Member;
(d) Recognize Council Members in the order in which they request the floor.
(e) The Presiding Officer, when a Council Member acts as Presiding Officer, that
Council Member will be governed in all matters and issues by the same rules and
restrictions as other Council Members.
SECTION 9. COUNCIL RELATIONS WITH CITY STAFF
9.1 There will be mutual respect from both City staff and Council Members of their respective
roles and responsibilities when, and if, expressing criticism in a public meeting.
9.2 City staff will acknowledge the Council as policy makers, and the Council Members will
acknowledge City staff as administering the policies of the City.
9.3 All written requests for information from Council Members will be submitted by City staff,
after approval of the Mayor, to all Council Members with a notation indicating which
Council Member requested the information.
9.4 Council Members will not attempt to coerce or influence City staff in the selection of
personnel, the awarding of contracts, the selection of consultants, the processing of
development applications, or the granting of City licenses or permits.
9.5 The Council will not attempt to directly control the operating rules and practices of any City
department.
9.6 Mail that is addressed to the Council as a whole will be copied and circulated to all City
Council Members by the City Clerk, as soon as practicable after it arrives.
Resolution No. 2 1 - Page 23 of 47
9.7 The City Clerk will not open mail addressed to individual Council Members if it is marked
personal and/or confidential.
9.8 No Council Member will direct the Mayor to initiate any action or prepare any report that is
significant in nature, or initiate any significant project or study without the consent of a
majority of the Council. New initiatives that implicate City policy will be directed to a
Council Committee for consideration.
9.9 Individual Council Members may make direct requests for information to department
directors. Requests that will create a change in work assignments or City staffing levels must
be made through the Mayor.
9.10 Whenever practicable, Council Members will provide staff advance notice of any questions
or concerns they have regarding an agenda item or topic of debate prior to asking those
questions or expressing those concerns in a public meeting.
SECTION 10. COUNCIL MEETING STAFFING
10.1 The Mayor will preside over all regular meetings of the Council unless excused. The Mayor
may make recommendations to the Council. When the Mayor has an excused absence, the
Council President will preside over the meeting.
10.2 The City Attorney will attend all meetings of the Council unless excused, and will, upon
request, give an opinion, either written or oral, on legal questions. The City Attorney will act
as the Council's parliamentarian. The Deputy or Assistant City Attorney will attend meetings
when the City Attorney has been excused.
10.3 The City Clerk, or designee, will attend regular and special meetings of the Council, keep the
official journal (minutes), and perform such other duties as may be needed for the orderly
conduct of the meeting.
SECTION 11. COUNCIL MEMBER ATTENDANCE AT MEETINGS
11.1 EXCUSED ABSENCES
Excused absences are defined as follows:
(a) Death of immediate family rnember
"Immediate Family" is defined as the Council Member's parent, spouse or domestic
partner, child, sister, brother, mother-in-law, father-in-law, sister-in-law, brother -in -
Resolution No. 21- Page 24 of 47
law, grandparent, grandchild, aunt, uncle, or the step -relation equivalent to those
listed.
(b) Illness
Illness of a Council Member or of an immediate family member, as defined above,
requiring the member to personally attend and care for the immediate family member
provided that the illness does not necessitate an absence longer than six (6) months.
(c) Three nonconsecutive absences
Three (3) nonconsecutive absences per calendar year provided that prior notice is
given to as referenced in Rule 11.3.
(d) Absences for Council Business
A Council Member who is absent because of other commitments representing
Council or because of circumstances beyond the Council Member's control, such as
due to traffic, weather, or an accident.
11.2 VACANCY OF OFFICE
A Council position shall become vacant if the councilmember fails to attend three (3)
consecutive regular meetings of the council without being excused by the council. (RCW
35A.12.060)
11.3 Council Members will inform the Mayor, the Council President, or City Clerk if they are
unable to attend any Council meeting, or if they knowingly will be late to any meeting. The
minutes will show the Council Member as having an excused absence.
11.4 ATTENDANCE FROM A REMOTE LOCATION
(a) Purpose. The City Council recognizes the benefits of the fullest practicable
attendance and participation by its Members and by the Mayor and hereby allows
attendance from a remote location of regular, special, and committee meetings of
Council through the use of electronic two-way communication methods such as
speakerphones or internet communication platforms. Attendance from a remote
location is not permitted for executive sessions.
(b) Effect. Votes cast by the Council Member attending remotely will have the same
effect as votes cast by members physically present at the meeting. The Presiding
Officer must be physically present at the meeting.
(c) Intent. Attendance from a remote location is intended to be an alternative and
relatively infrequently -used method for participation at meetings by Members of the
Council.
Resolution No. 21- Page 25 o1'47
(d) Limit. Only three Council Members may attend any City Council meeting by remote
communication. Council Members intending to participate in a meeting from a
remote location should let the City Clerk know as soon as possible of their intention.
The City Clerk will confirm that one of the three remote connections is still available
for that specific meeting.
Only two Council Members may attend any Council Committee meeting by remote
connection. Council Members intending to participate in a meeting from a remote
location should let the staff assigned to support the Committee know as soon as
possible of their intention to attend remotely. Staff will confirm that one of the two
remote connections is still available for that specific meeting.
(e) System Requirenient. All communication to and from the remote location must be
clearly heard by all others in attendance.
(f) Protocol. In any meeting involving remote attendance, at the beginning of meeting
the Presiding Officer will inform all present that a particular Member of the Council
or Mayor is attending remotely via electronic means and confirm that all participants
can hear each other clearly. This confirmation will be recorded in the meeting
minutes.
If the Council Member or Mayor who is attending from a remote location will not be
participating through the entire meeting, the presiding officer will announce through
what portion attendance by remote location will occur.
If remote communication is irreparably broken or significantly degraded during the
meeting; the presiding officer will confirm the loss of the connection and close the
remote attendance. The Presiding Officer will at this time state if quorum for the
meeting has been affected by the loss of the connection.
SECTION 12. PUBLIC HEARINGS
12.1 TYPES
There are two types of public hearings: legislative and quasi-judicial. The Mayor will state
the public hearing procedures before each public hearing. Citizens may comment on public
hearing items.
12.2 LEGISLATIVE PUBLIC HEARINGS
The purpose of a legislative public hearing is to obtain public input on legislative decisions
on matters of policy such as comprehensive land use plan or the biennial budget.
12.3 QUASI-JUDICIAL PUBLIC HEARINGS
Resolution No. 21- Page 26 of 47
The purpose of a quasi-judicial public hearing is to decide the rights of specific parties and
include, certain land use matters such as site -specific rezones, preliminary plats, and
variances. The City Council's decision on a quasi-judicial matter must be based upon and
supported by the "record" in the matter. The record consists of all testimony or comment
presented at the hearing and all documents and exhibits that have been submitted as part of
the public comment process. In quasi-judicial hearings, Council Members will comply with
all applicable laws including the appearance of fairness doctrine (Chapter 42.36 RCW).
APPEARANCE OF FAIRNESS. The Appearance of Fairness Doctrine does not
require establishment of a conflict of interest, but is meant to avoid an appearance of
conflict of interest to the average person. This may involve the Council Member or a
Council Member's business associate, or immediate family. It could involve exparte
(outside the hearing) communications, ownership of property in the vicinity, business
dealings with the proponents and/or opponents before or after the hearing, business
dealings of the Council Member's employer with the proponents and/or opponents,
announced predispositions, and the like. Prior to any quasi-judicial hearing, each
Council Member should give consideration to whether a potential violation of the
Appearance of Fairness Doctrine exists. If so, no matter how remote, the Council
Member should disclose the facts to the Mayor who will seek the opinion of the City
Attorney, which will be communicated to the Council Member and the Mayor.
SECTION 13. MEDIA ATTENDENCE AT COUNCIL MEETINGS
13.1 All public meetings of the City Council, Council Committees, and Council advisory bodies
are open to the media. Media representatives may freely make audio or video recordings of
Council Meetings, provided that it does not interfere with the orderly conduct of the meeting.
Seating space will be provided for the media at public meetings.
SECTION 14. COUNCIL REPRESENTATION AND SOCIAL MEDIA USE
14.1 All public communications should model the same professional behavior expected during
Council meetings or community meetings, and reflect favorably on the speaking Council
Member, the City Council as a whole, and the City.
If a Council Member appears on behalf of the City before another governmental agency, a
community organization, or through the media, for the purpose of commenting on an issue,
the Council Member will state the majority position of the Council, if known, on such issue.
Personal opinions and comments that differ from the Council majority may be expressed if
the Council Member clearly states that the views expressed do not represent those of the City
Council or the City of Federal Way.
Resolution No. 21- Page 27 of'l7
14.2 Council Members need to have other Council Members' permission before representing to
media, another governmental agency, a community organization or to any third party:
(1) another Council Member's view or position; or (2) the majority of Council's view or
position.
14.3 SOCIAL MEDIA
Social media posts such as blogs, Facebook, and Twitter may be used by Council Members
to communicate with the public, provided the following guidelines are used:
(a) To comply with the Public Records Act (PRA), Council Members will follow those
archiving procedures outlined in Rule 17.3 Social Media Records.
(b) Social media will not be used to conduct City Council business other than to
informally communicate. Public notices, items of legal or fiscal significance that
have not been released to the public, and discussion of quasi-judicial matters may not
be included in Council Member social media posts.
(c) Responses to social media posts will be limited by the provision of the Open Public
Meetings Act so as not to constitute an open public meeting if a quorum of the City
Council was to participate.
(d) In order to demonstrate openness and willingness to listen to the entire community,
Council Member posts on social media sites should be made through a public -facing
page or by marking individual posts available to the public as a whole.
(e) Disclaimers, per Rule 14.4 are used.
(f) If a Council Member makes a factual error in a public communication, they should
correct the error as soon as possible. Blog posts may be corrected by amending a
previous post with a note that a correction was made.
Council Members are encouraged to maintain social media sites with settings that can
restrict a user's ability to comment in order to avoid inadvertent discussion that may
violate the Open Public Meetings Act.
14.4 SOCIAL MEDIA DISCLAIMERS
Social media postings will include, or reference a link to, disclaimers that state:
(a) The views expressed represent the views of the author and may not reflect the views
of the Federal Way City Council or official City policy.
(b) Responses to the communication by other Council Members may be limited by the
provision of the Open Public Meetings Act under which a policy discussion must be
held in an open public meeting if a quorum of the City Council participates.
Resolution No. 21- Page 28 of d7
(c) Comments posted in response to a Council Member -initiated communication may be
subject to public disclosure under the Washington State Public Records Act.
SECTION 15. CONFIDENTIALITY
15.1 Council Members will keep confidential all written materials and verbal information,
including but not limited to the topic(s) and/or the substance, provided to them during
executive sessions, to ensure that the City's position is not compromised. Confidentiality also
includes information provided to Council Members outside of executive sessions when the
information is considered to be exempt from disclosure under exemptions set forth in the
Revised Code of Washington (RCW 42.23.070(3)).
15.2 If the Council, in executive session, has provided direction or consensus to City staff on
proposed terms and conditions for any type of issue, all contact with the other party should be
done by the designated City staff representative handling the issue. Council Members should
obtain the permission of the majority of Council prior to discussing the information with
anyone other than other Council Members, the Mayor, the City Attorney or City staff
designated by the Mayor. Any Council Member having any contact or discussion with a third
party related to a confidential communication will make full disclosure to the City Council in
a timely manner.
15.3 If a Council Member believes a topic or discussion in executive session is improper, the
Council Member may refuse to participate and leave the executive session and say nothing
outside of the executive session.
SECTION 16. COUNCIL TRAVEL AND EXPENSES
16.1 PURPOSE AND ADMINISTRATION
The objectives of this policy are to provide elected officials who incur authorized travel,
subsistence, registration, and related expenses while on city business, reasonable and timely
mechanisms for the reimbursement and/or the advancement of such necessary funds, as well
to provide guidelines governing what types of expenses are reimbursable to the Council
Member.
Claimants have the responsibility for becoming knowledgeable about authorized
expenditures and the documentation requirements. Care must be taken to avoid unnecessary
or excessive expenditures and those not directly and reasonably related to the conduct of City
business.
Resolution No. 21- Page 29 oj*47
16.2 DOCUMENTATION
Except for per diem allowances, no claim for reimbursement will be paid unless it is
accompanied by a vendor's receipt. Such receipts should show the date, a description of the
purchase, vendor identification and amount paid.
16.3 CLAIMS
Claims for reimbursement will contain the following:
(a) The name of the person who consumed the goods or used the service for which
reimbursement is requested, whether it be for meals, lodging, transportation or any
other purpose; and
(b) A description of the event, occasion or circumstances related to the claim and the
public policy or public purpose served.
16.4 MEALS
Meal costs must be incurred directly by the claimant; direct billing to the City by a restaurant
is prohibited except by way of an authorized City credit card.
Payment for table service at a restaurant, commonly referred to as a tip, not to exceed 15% of
the restaurant price of the meal, is reimbursable as a reasonable and necessary cost for such
service.
16.5 PER DIEM SCHEDULE OF REIMBURSABLE MEAL COSTS
The reasonable cost of necessary meals while conducting City business is authorized for
reimbursement.
All City officials claiming reimbursement for meals consumed while on City business will be
entitled to reimbursement not to exceed the per diem rate as established by the Mayor and
modified from time to time.
Notwithstanding the per diem rate, actual meal costs may be claimed when they are part of a
regularly scheduled business event such as a training seminar, professional meeting, or other
business meeting.
If the costs of meals for persons other than the claimant are included, unless otherwise
approved by the Mayor or designee, those persons must be entitled to meal reimbursement in
their own right and they will be listed by name and title in claim documentation.
Resolution No. 21- Page 30 oj'47
16.6 NON-REIBURSABLE MEAL COSTS
Non -reimbursable meal costs include, but are not limited to:
(a) Alcohol.
(b) Expenses of a spouse or other persons not authorized to receive reimbursement under
this policy.
16.7 TRAVEL
Reimbursement for reasonable costs of business travel is authorized.
16.8 CITY VEHICLE
Out -of -the -area costs of vehicle operation such as gas, oil, tires, and necessary repairs are
authorized.
16.9 PERSONAL VEHICLE
Expenses will be reimbursed for travel within a 300-mile radius of the City at such rate per
mile as will be established from time to time by the Mayor, but not to exceed the then current
maximum rate allowed by the United States Internal Revenue Service for reimbursement of
such expenses for purposes of business travel expense deductions. Trips beyond this limit
will be reimbursed at the lower of. (1) the established rate per mile; or (2) the lowest
available airfare obtainable by the City plus mileage reimbursement at the then current City
rate, based upon the estimated distance between the airport and the destination. Incidental
travel costs such as parking, ferry or bridge tolls are reimbursable as they would be if a City
vehicle was provided.
16.10 RENTAL VEHICLE
The cost of vehicle rental is considered an exception to this policy and must be approved by
the Council President or designee in writing. Council Members will accept optional
additional insurance coverage offered by the rental agency as part of the rental agreement.
16.11 AIR TRAVEL
Arrangement for air travel on City -related business will be arranged as outlined below:
(a) Whenever feasible, air travel arrangements should be made at least 5 weeks in
advance of the departure date.
(b) The authorized procurer will arrange for air travel based on the lowest available
airfare for a regularly scheduled flight that reasonably accommodates the time of
travel requested, and the destination as specified.
Resolution No. 21- Page 31 of'47
(c) The authorized procurer will purchase the tickets at the time the rate is quoted and
the Council Member will be advised of the arrangements for acquiring the tickets.
(d) If personal travel is combined with business -related travel, the traveling Council
Member will be responsible for paying the increase in airfare necessary to
accommodate the personal part of the flight. The City will pay the lowest available
airfare for the round trip between the Seattle/Tacoma airport and the business -related
destination. Such payment for personal travel will accompany the City's payment to
the vendor for the tickets whenever feasible.
(e) If changes in travel plans occur that are the result of City business requirements, (i.e.
delays in departure, cancellations, extended stays, or revised itinerary) any associated
costs will be paid by the City. However, all increase in cost of travel due to changes
for personal convenience will be borne by the Council Member.
(f) Officials who obtain airline tickets on their own will be reimbursed based on the
lower of. (1) Actual out-of-pocket cost paid for the airline tickets or alternate means
of transportation (substantiated by a receipt); or (2) the lowest airfare available for
their time of travel, unless an exception is granted in writing by the Council President
or designee. In this case, the official must pay the cost of the travel and seek
reimbursement along with all other travel expenses. Direct billing of airfare to the
City is allowed only if ordered by the City staff, as may be authorized by the Council
President.
16.12 FIRST CLASS AIR TRAVEL
First class air travel is not authorized.
16.13 OTHER TRAVEL EXPENSES
Miscellaneous travel costs such as bus, taxi, bridge or other tolls, parking, ferry, porter,
bellman and the like (not including any maid service) are authorized by a listing of same as
provided by the reimbursement form. Payment of a reasonable amount for porter service,
bellman service and the like is considered to be a necessary payment for such service and,
therefore, reimbursable.
16.14 VENDOR'S RECEIPT
A vendor's receipt will be required only when the single item cost exceeds $10.00.
Local parking, ferry and bridge tolls may be reimbursed through the petty cash system,
subject to the Petty Cash Guidelines.
Resolution No. 2 1 - Page 32 of 47
16.15 OUT-OF-STATE OR OVERNIGHT TRAVEL ,
To be eligible for any City reimbursement for out-of-state and/or overnight travel expense,
the one-way travel distance must be greater than 50 miles from the City or home.
16.16 ACCOMMODATIONS
Reasonable hotel/motel accommodations for officials are acceptable and will be reimbursed
at the single room rate. A vendor's receipt for this category is required for all claims. Direct
billing of hotel/motel charges is not allowed unless by way of an authorized City credit card.
16.17 INCIDENTAL EXPENSES
Includes all reasonable and necessary incidental expenses and includes, but is not limited to,
the following:
(a) Allowable Incidental Expenses:
- Laundry expenses if away from home four (4) or more calendar days
Baggage checking
Business telephone and postage expenses. Personal telephone calls home, if
away from home for more than a 24-hour duration, are considered a business
telephone expense
(b) Non -allowable Incidental Expenses:
Personal entertainment
- Theft, loss or damage to personal property
Expenses of a spouse, family or other persons not authorized to receive
reimbursement under this policy
- Barber or beauty parlor services
- Airline and other trip insurance
Personal postage, reading material, telephone calls
- Personal toiletry articles
Resolution No. 21- Page 33 of47
16.18 NON -TRAVEL FOOD AND BEVERAGE REIMBURSEMENT POLICY
Reimbursable expenses are subject to the following:
(a) Meals consumed by the City official during meetings and other functions that
conduct official City business or serve to benefit the City are reimbursable to the
official.
(b) Generally, the City will not incur costs for refreshments, and other related items, for
meetings or functions held in the normal course of business or that are attended
solely by City officials. However, such meetings or functions wherein a municipal
function, public purpose, or City program is served or furthered, and wherein the City
Council has expressly approved the meeting as such, the City may incur such costs
directly or as a reimbursement to employees who have incurred such costs on behalf
of the City.
(c) Refreshments purchased solely for personal entertainment are not a legitimate City
expense.
16.19 CEREMONIES AND CELEBRATIONS
(a) Reasonable expenses, including food and beverage, associated with commemorating
a dedication or an unveiling; special awards and recognitions of employees or quasi -
employees; meetings or ceremonies with or involving officials from other
governmental entities, including sister cities are recognized as serving a public
purpose are legitimate City expenditures.
(b) Private celebrations rather than public celebrations are not generally considered as
serving a public purpose. Refreshment, food and beverage related costs would
therefore not be recognized as legitimate City expense.
(c) Support of a local "event" or celebration may not take the form of a gratuitous
contribution of public funds to a private person, committee or organization.
Expenditure of public funds on a publicly sponsored event requires the existence of a
recognizable public purpose that relates to the City's existence, proper authorization
from the legislative authority for such public sponsorship, and a reasonable
relationship between the amount of the City's expenditure and the "public" nature of
the event.
16.20 MEAL REIMBURSEMENT FOR NON -CITY OFFICIALS
Council Member claims for the reimbursement of meal costs for non -city employees and
non -city officials will be documented and approved by the Mayor or designee. The
documentation must identify:
(a) The names of the individual or individuals being hosted;
Resolution No. 21- Page 3d 0f'47
(b) Their official title or capacity as it related to City business;
(c) The nature of the topic or topics discussed, nature of the occasion, what public
purpose or public policy was served; and
(d) How this activity was an appropriate way to carry out that purpose or policy.
16.21 CLAIMS AND APPROVAL PROCEDURE
All claims will be submitted for reimbursement using the form provided by the City Finance
Department. Travel and subsistence expenses except for incidental and minor costs will not
be paid from any petty cash fund, unless complies with the petty cash policy adopted by the
City.
16.22 Approvals required by this policy will be obtained by Council Members from the Council
President or designee.
16.23 Claims may include the reimbursable costs of other City officials who would be entitled in
their own right to claim business expenses.
16.24 Claims of Council Members must be approved by the Mayor or his/her designee for
reimbursement.
16.25 Exceptions to the expense rules for unusual circumstances maybe approved at a regular City
Council meeting by a majority vote of the Council Members present at the meeting.
16.26 In preparation of the City's budget, Council Member travel and training expenses will be
anticipated and included in budget appropriations to reflect the planned Council attendance at
annual conferences of municipal officials, such as the National League of Cities or
Association of Washington Cities.
Meetings, conventions or training programs that require expenditure of funds to be
reimbursed or paid on behalf of Council Members that are allocated in the budget must be
approved by the Council President or designee.
Meetings, conventions or training programs that require expenditure of funds to be
reimbursed or paid on behalf of Council Members that are not anticipated and not allocated
in the budget must be approved by the Council President in consultation with the Mayor.
16.27 REPORT
A report, oral and/or written as appropriate, will be made to the Council at a regularly
scheduled Council meeting as soon as practical, following said conference, seminar or
training, in order that the full Council may benefit from the training experience received by
the Council Member who attended. A record of such reports will be maintained by the City
Clerk.
Resolution No. 21- Page 35 of 47
The Mayor will make an annual State of the City report, orally or in writing, to be available
to the public during the first quarter of each year.
The Mayor will provide an executive summary following each City Council retreat which
will be made available to the public.
SECTION 17. PUBLIC RECORDS
17.1 Public records created or received by any Council Member will be transferred to the City
Clerk's office for retention by the City in accordance with the Public Records Act, Chapter
42.56 RCW. Public records that are duplicates of those received by, or in the possession of
the City, are not required to be transferred to the City. Questions about whether or not a
document is a public record or if it is required to be retained should be referred to the City
Attorney.
17.2 All messages that relate to the functional responsibility of the recipient or sender as a public
official constitute a public record.
All electronic communications, whether concurrent or serial, must be considered in light of
the Open Public Meetings Act. No Council Member will communicate electronically to more
than two other Council Members in the same correspondence. This does not apply to
communications limited to the purpose of calling special and emergency meetings. If the
intended purpose of the electronic communication is to have a discussion that should be held
in an open meeting, the electronic discussion should not occur. Further, the use of electronic
communication to form a collective decision of the Council violates the Open Public
Meetings Act.
17.3 SOCIAL MEDIA RECORDS
Council members who use social media platforms or forums that are supported by the City's
archiving software are required to enroll the account with the social media archiver. Council
Members who make posts to unsupported platforms must screenshot their posts and public
responses to their posts and e-mail them to the Council Member's City e-mail account as an
interim archiving method.
Comments posted in response to a Council Member initiated communication may be subject
to public disclosure under the Public Records Act and must be archived.
SECTION 18. COUNCIL PRESIDENT AND DEPUTY MAYOR
SELECTION PROCESS
18.1 The Council President and Deputy Mayor will be nominated and elected from the ranks of
the sitting Council Members.
Resolution No. 21- Page 36 g1*47
18.2 The Council President shall exercise the authority of"deputy mayor" or "mayor pro tempore"
described in RCW 35A.12.065. The Council President will be elected for a two (2) year term
at the first Regular City Council meeting in January by a majority vote consistent with RCW
35A.12.065. The City Council may rescind the vote of the Council President by a simple
majority. If a vacancy occurs, the Council will elect a Council President to fill the unexpired
term.
18.3 The Deputy Mayor will function as an internal council officer as outlined in these Rules of
Procedure or as delegated by the Council President. The Deputy Mayor will be elected for a
two (2) year term at the first Regular City Council meeting in January.
18.4 The Mayor or designee will conduct the election for the Council President and the Deputy
Mayor. (See Appendix "A" to these Rules.)
SECTION 19. CITY ADVISORY BODIES
19.1 Federal Way's commissions, committees and task forces ("advisory bodies") provide an
invaluable service to the City. Their advice on a wide variety of subjects aids Council
Members in the decision -making process. Effective citizen participation is an invaluable tool
for local government.
19.2 Council advisory bodies originate from different sources. Some are established by ordinance
while others are established by motion of the City Council. It is at the discretion of the
Council as to whether or not any advisory body should be established by ordinance.
19.3 Federal Way advisory bodies bring together citizen viewpoints that might not otherwise be
heard. Persons of wide-ranging interests who want to participate in public service but not
compete for public office can be involved in governmental commissions, committees, and
task forces. Traditionally, these bodies have also served as a training ground or stepping
stone for qualified persons who are interested in seeking public office.
19.4 As Federal Way advisory bodies have been formed since incorporation, the adoption of
uniform rules of procedure is necessary to assure maximum productivity. The following
policies govern the City's advisory groups; some of these advisory groups may have more
specific guidelines set forth by ordinance, resolution, the Federal Way Revised Code, or at
times by state law.
19.5 Every advisory body, when it is formed, will have a specific statement of purpose and
function, which will be re-examined periodically by the City Council to determine its
effectiveness. This statement of purpose is made available to all citizen members when they
are appointed.
Resolution No. 21- Page 37 of 47
19.6 The size of each advisory group is determined by the City Council according to its duties and
responsibilities. Another determination to be made prior to formation is the cost of staffing a
proposed advisory body.
19.7 The Council may dissolve any advisory body that, in their opinion, has completed its
working function or for any other reason.
19.8 Members and alternate members of all advisory bodies are appointed by majority vote of the
Council Members.
19.9 Council will interview new applicants at a special council meeting. Any Council Member
who attended the public interview session will be eligible to vote on the recommendation to
be made to the full Council. The full City Council will vote on the appointments to the
Advisory Bodies at a regularly scheduled Council meeting, unless the appointment is made
under Rule 19.12.
19.10 Vacancies on Commissions will be filled as follows:
(a) Filling Vacancies at End of Term
To fill a vacancy created by the expiration of a term, City staff will advertise the open
position to the public. The citizen currently serving in the position may reapply for the same
position. All applicants, including the incumbent, will be interviewed pursuant to the process
outlined in Rule 19.9.
(b) Filling Vacancies Mid -Term
When a citizen advisory position becomes vacant mid-term, the City Council may appoint an
alternate who is already serving on that same board or commission to fill the mid-term
vacancy. Alternates who were previously interviewed within 12 months of the vacancy being
created do not need to be interviewed again prior to appointment as a voting member.
19.11 Council Members will raise any concerns about any recommendation prior to the City
Council meeting that is scheduled for the approval of the appointment.
19.12 Vacancies will be advertised not more than three times so that any interested citizen may
submit an application. Council Members are encouraged to solicit applications from qualified
citizens. In the event there are an insufficient number of applications to fill the vacancies, the
Council President or Deputy Mayor will solicit new appointments and notify the City Clerk.
The City Clerk will notify Council Members of the proposed appointment(s). Any Council
Member may contact the City Clerk to request the interview process as set forth in Rule 19.9.
If no Council Member requests the interview process, the Council President will appoint said
new applicants and announce the appointment at a regular City Council meeting. Applicants
must be citizens of the City of Federal Way if required by the Federal Way Revised Code or
if required by the City Council. Applications will be available from the Office of the City
Clerk.
Resolution No. 21- Page 38 of l7
19.13 Lengths of terms vary from one advisory body to another, but in all cases overlapping terms
are intended. On special work task forces, where a specific project is the purpose, there need
not be terms of office.
19.14 Newly appointed members will attend an orientation no later than ninety (90) days after
appointment. The orientation will include a presentation by the City Attorney, or designee, to
address applicable laws, including the Federal Way Ethics Code, and receive a briefing by
the commission, committee or task force chairperson, the Council Committee Chair and/or
City staff. The briefing will include the duties and responsibilities of the members of the
advisory body. Each newly -appointed member will receive an information packet that will
include a commission, committee or task force membership list, responsible City staff
member, statement of purpose for the advisory body which may include an ordinance,
resolution, bylaws, or annual work program and a copy of the City of Federal Way Ethics
Code.
19.15 All advisory bodies will be responsible for adopting their operating policies consistent with
the establishing resolution or ordinance.
19.16 All meetings of advisory bodies are open to the public in accordance with the public meeting
laws of the State of Washington, which requires a minimum 24-hour advance notice. No
advisory committee will schedule a meeting earlier than 7:00 a.m.
19.17 The number of meetings related to business needs of the advisory group may be set by the
individual body, unless set forth in a resolution or ordinance. Notice of all meetings,
including date, time, place and principal subjects to be discussed will be published in
accordance with state public meetings laws and City policy.
19.18 The advisory body chairperson will be responsible for coordinating the meeting agendas with
the appropriate City support staff.
19.19 Minutes will be kept by City support staff of all meetings in accordance with the public
meeting laws of the State.
19.20 Excessive absenteeism, excluding illness.or required travel, is cause for the removal of an
advisory body member. Three (3) consecutive absences will be considered resignation from
the body unless prior to the third absence, the member has requested, and been granted, an
excused absence. The advisory body granting the excused absence will determine the validity
of the request.
19.21 Members may resign at any time their personal circumstances change to prevent effective
service.
Members may be removed, from any advisory body, prior to the expiration of their term of
office, by a majority vote of the City Council.
Resolution No. 21- Page 39 oj'17
19.22 A quorum for conducting business is a simple majority of the membership of the advisory
body.
19.23 At the first meeting of each calendar year, or upon appointment, all members of advisory
bodies will provide a written list of all memberships on boards and employment to the Chair
and to Staff. The list will include the members and immediate family (spouse/partner and
dependent children). It is the responsibility of the member to update the list when changes
occur. The purpose of the list is to avoid any instance of conflict of interest. No member of
an advisory body will use their official position for financial gain or personal advantage.
19.24 Lobbying efforts by any advisory bodies on legislative, or political, matters should first be
checked for consistency with existing City policy by contacting the Mayor's office. In the
event a position is taken that differs from that of the City's policy, an advisory body acting as
an official body of the City of Federal Way, cannot represent that position before another
body, i.e., the State Legislature or the King County Council. An individual member is free to
voice a position, oral or written, on any issue as long as it is made clear that he or she is not
speaking as a representative of the City of Federal Way, or as a member of his or her
advisory body. Members of advisory bodies speaking to another body to voice their personal
beliefs on a topic should not cite their position as a member of a City of Federal Way
advisory body.
19.25 Members of advisory bodies are encouraged to attend City Council meetings to keep current
on Council actions.
19.26 The City Council may transmit referrals for information or action through the staff to the
applicable Council Committee Chair to the advisory groups. These advisory groups may
transmit findings, reports, etc., to the City Council through staff or the applicable Council
Committee Chair.
19.27 While the City staffs role is one of assisting the commission, committee or task force, the
City staff members are not employees of that body. The City staff members are directly
responsible to his or her Department Director and the Mayor.
19.28 Annually, each advisory body will develop a work program for the City Council's
consideration and approval. The City Council may amend the advisory body's work program.
SECTION 20. COUNCIL COMMITTEES
20.1 Council committees are the policy review and discussion arms of the Council. Committees
study issues and develop recommendations for consideration by the Council. Committees
may not take binding action on behalf of the City unless a quorum of the City Council is
present, the Council Committee has been advertised as a Special Meeting of the Whole City
Council and, by majority vote, the City Council has directed that such action occur at the
Council Committee.
Resolu[ion No. 21- Page 40 of 47
Council Committee structure will be as determined by the City Council in January of each
year. The committees are as follows:
- Finance/Economic Development/Regional Affairs Committee
Land Use/Transportation Committee
Lodging Tax Advisory Committee
Parks/Recreation/Human Services & Public Safety Committee
20.2 Committees will establish regular meeting schedules as determined by the Chair of the
Committee in consultation with the Committee members and the Mayor
20.3 Each committee will have staff support assigned by the Mayor. Staff will work with the
committee chairs to set agendas, provide support materials and prepare reports.
20.4 Summaries of each meeting will be prepared by staff and distributed to the Mayor and
Council Members.
20.5 The Mayor or Council President may send issues directly to committees for their review in
lieu of being referred to committee by the entire Council.
20.6 Committee appointments (chairs and members) will be made by the Council President in
consultation with the Deputy Mayor. The Council President will consider the interests and
requests of individual Council Members in making committee assignments.
20.7 Membership of each committee will consist of three (3) Council Members. Council Members
are expected to attend a majority of each respective committee meetings for each calendar
year.
20.8 The Council President or Deputy Mayor may serve as an ex officio (voting) member of a
committee when a quorum of committee members is not available. If, during a meeting when
the Council President or Deputy Mayor is serving as an ex officio member, a quorum of
committee members appears at the meeting, the Council President or Deputy Mayor will no
longer serve as an ex officio member unless there is a pending matter before the committee
that the Council President or Deputy Mayor has participated in discussions for and is
prepared to vote on.
20.9 The Council President in consultation with the Deputy Mayor will make committee
assignments each January, with members serving two (2) year terms. Council will ratify the
Council President's committee assignments at a Rgular City Council meeting. The Council
President has the discretion to appoint or remove Committee members at any time, subject to
ratification by the Council.
SECTION 21. FILLING CITY COUNCIL & MAYOR VACANCIES
Resolution No. 21- Page =l1 of =l7
21.1 PURPOSE
The purpose of this section is to provide guidance to the City Council when a Federal Way
Council Member or Mayor position becomes vacant before the expiration of the official's
elected term of office. Pursuant to state law, a person appointed to fill a vacancy serves the
remainder of the unexpired term.
21.2 REFERENCES
RCW 42.30.110(h) - Executive Session Allowed to Consider Qualifications of a Candidate
for Appointment to Elective Office.
RCW 42.30.060 - Prohibition on Secret Ballots.
RCW 42.12 - Vacant Position.
RCW 35A.12.050 - Vacancies - Filling of Vacancies in Mayor -Council Form of
Government.
21.3 APPOINTMENT PROCESS
(a) A Council position or Mayor position becomes vacant upon the occurrence of any of
the causes of vacancy set forth in RCW 42.12.010, including resignation, recall,
forfeiture, written resignation, or death of a Council Member or Mayor. The Council
Member or Mayor who is vacating his or her position cannot participate in the
appointment process.
(b) The Mayor will direct staff to begin the Council Member appointment process and
establish an interview and appointment schedule, so that the position is filled at the
earliest opportunity. The City Council will direct staff to begin the Mayoral
appointment process and establish and interview and appointment schedule, so that
the position is filled at the earliest opportunity.
(c) The City Clerk's Office will prepare and submit a display advertisement to the City's
official newspaper, with courtesy copies to all other local media outlets, which
announces the vacancy and lists the following with the prerequisites to holding public
office: (1) be a registered voter of the City of Federal Way; and (2) have a one (1)
year residency in the City of Federal Way. This display advertisement will be
published once each week for two (2) consecutive weeks. This display advertisement
will contain other information, including but not limited to, time to be served in the
vacant position, election information, salary information, duties of the position,
deadline for submitting applications, interview and appointment schedules, and other
information that the City Council deems appropriate.
(d) The City Clerk's Office will prepare an application form that requests appropriate
information for City Council consideration of the applicants. Applications will be
Resohnion No. 21- Page 42 or47
available at City of Federal Way offices, King County libraries located in Federal
Way, the Federal Way Chamber of Commerce office, the Federal Way School
District administration office and other locations that the City Council deems
appropriate. Copies of the display advertisement will be provided to current members
of City of Federal Way commissions, committees, task forces and other City -
sponsored citizen groups.
(e) Applications received by the deadline will be copied and circulated by the City
Clerk's Office to the Mayor and City Council. Application packets may also contain
additional information received such as endorsements, letters of reference, and other
pertinent materials.
(f) The City Clerk's Office will schedule interview times for the applicants during a
regular or special meeting of Council.
(g) The City Clerk's Office will notify applicants of the location, date and time of City
Council interviews.
(h) Prior to the date and time of the interview meeting, the Mayor or Council President
will accept one interview question from each Council Member.
21.4 INTERVIEW MEETING
Each interview of an applicant will be no more than 30 minutes in length as follows:
(a) The applicant will present his or her credentials to the City Council. (10 minutes)
(b) The City Council will ask the predetermined set of questions, which must be
responded to by the applicant. Each applicant will be asked and will answer the same
set of questions, and will have two (2) minutes to answer each question. (14 minutes)
(c) An informal question and answer period in which Council Members may ask and
receive answers to miscellaneous questions. (10 minutes)
(d) The applicants' order of appearance will be determined by a random lot drawing
performed by the City Clerk.
(e) The Council may reduce the 30-minute interview time if the number of applicants
exceeds six (6) candidates, or alternatively, the Council may elect not to interview all
of the applicants if the number exceeds six (6) candidates. The decision as to which
applicants to interview will be based on the information contained in the application
forms.
21.5 VOTING
Resolution No. 2 1 - Page 43 of 47
Upon completion of the interviews, Council Members may discuss the qualifications of the
applicants in an executive session. However, all interviews, deliberations, nominations and
votes taken by the Council will be in open public session.
(a) The Mayor will ask for nominations from the Council Members for the purpose of
creating a group of candidates to consider. No second is needed.
(b) Nominations are closed by a motion, second and majority vote of the Council.
(c) Council Members may deliberate such matters as criteria for selection and the
nominated group of candidates.
(d) The Mayor will poll Council Members to ascertain that Council Members are
prepared to vote.
(e) The City Clerk will proceed with a roll -call vote.
(f) Elections will continue until a nominee receives a majority vote of the remaining
Council Members.
(g) At any time during the election process, the City Council may postpone elections
until a date certain or regular meeting if a majority vote has not been received.
(h) Upon a majority vote, City Council may go into executive session to further discuss
the applicant's qualifications.
(i) The Mayor will declare the nominee receiving the majority vote as the new Council
Member. The appointed Council Member will be sworn into office by the City Clerk
at the earliest opportunity and no later than the next regularly scheduled City Council
meeting.
(j) If the City Council does not fill a vacancy within 90 days of the declared vacancy,
state law delegates appointment powers to King County.
SECTION 22. MISCELLANEOUS
22.1 When Council Members register to attend an official conference requiring voting delegates,
such as the annual National League of Cities or Association of Washington Cities, the
Council will designate the voting delegate(s) and alternate voting delegate(s) during a public
meeting, by a majority vote; when possible, said selection of voting delegate(s) will be done
on a rotating basis for the purpose of allowing all Council Members the opportunity to be an
official voting delegate.
22.2 Use of city -owned equipment to update personal social media sites or e-mail accounts is
subject to Employee Guideline Section 9.7 (Office Equipment Use Guidelines and
Procedures), which allows for incidental use of city equipment for personal needs, provided
Resolution No. 21- Page 44 of47
the activity does not cause the City to incur additional cost or liability or pose additional risk
to security, privacy or conflict with another City policy. Use of city -owned equipment or e-
mail accounts for campaign purposes is prohibited by RCW 42.17A.555
SECTION 23. SUSPENSION AND AMENDMENT OF RULES
23.1 Any provision of these rules not governed by state law or ordinance, may be temporarily
suspended by a majority vote of the Council.
23.2 These rules may be amended, or new rules adopted, by a majority vote of the Council.
Resole[ion No. 21- Page 45 of 47
APPENDIX "A"
COUNCIL PRESIDENT AND DEPUTY MAYOR ELECTION PROCESS
(1) Any Council Member may nominate a candidate; no second is needed.
(2) Nominations are closed by a motion, second and 2/3 vote of Council.
(3) If only one (1) nomination is made, it is appropriate to make a motion and obtain a second to
instruct the City Clerk to cast a unanimous ballot for that nomination. Approval is by
majority vote of Council Members present.
(4) If more than one (1) nomination is made, an open election is conducted by roll call vote.
(5) To be elected, the nominee needs a majority vote of the Council.
(6) Elections will continue until a Council President and Deputy Mayor are elected by a majority
vote of the Council.
(7) The Mayor will declare the nominee receiving the majority vote.
K:\mayor\city council\council rules\2020\2020 council rules - final
Resolution No. 21- Page 46 of 47
COUNCIL MEETING DATE: January 4, 2022 ITEM #: V L.
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ELECTION AND OATH OF OFFICE FOR DEPUTY MAYOR
POLICY QUESTION: N/A
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: N/A DEPT: N/A
Information:
This item is dependent on approval of the previous agenda item.
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL: N/A
Committee
Initial/Date
COMMITTEE RECOMMENDATION: N/A
N/A
Council Initial/Date
Initial/Date
N/A N/A
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL ACTION: Conduct election and have City Clerk administer oath of office for Deputy
Mayor.
(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 #
COUNCIL MEETING DATE: January 4, 2022 ITEM #: 6 d
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: CITY OF FEDERAL WAY STATE LEGISLATIVE PRIORITIES FOR THE 2022 SESSION OF THE
WASHINGTON STATE LEGISLATURE
POLICY QUESTION: Should City Council approve the City of Federal Way State Legislative Priorities for the
2022 session of the Washington State Legislature?
COMMITTEE: NA MEETING DATE: NA
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
X City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Steve McNey, Intergovernmental and Public Affairs DEPT: Mayor's Office
Officer
Attachments: Proposed City of Federal Way State Legislative Priorities for the 2022 Session of the
Washington State Legislature.
Options Considered:
(1) Approve the proposed legislative agenda
(2) Approve the proposed legislative agenda with modifications
(3) Do not approve legislative and provide direction to staff
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL:ff/Pv- �`�" DIRECTOR APPROVAL:
Commiltee: CoLincill Ini4d0hic
Inaird/Da r I.tial/Date
COMMITTEE RECOMMENDATION: N/A
Committee Chair Committee Member Committee Member
mmmw
PROPOSED COUNCIL MOTION: "I move approval of the City of Federal Way State Legislative Priorities for
the 2022 session of the Washington State Legislature. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED First reading
11 TABLED/DEFERRED/NO ACTION Enactment reading
CITY ❑F
Federal Way
Centered on Opportunity
State Legislative Priorities for 2022 Legislative Session:
Drug possession (Blake decision)
Support removing the requirement that an officer may only arrest a person for
possession of narcotics upon the third time the person is detained for
possession of narcotics and increase state funding for drug treatment programs.
Under the current law, officers must refer persons who possess narcotics to treatment
rather than arrest them until the third time the person is apprehended with narcotics.
This approach allows persons to continue to possess unlawful narcotics with no
accountability. In addition, we support recriminalizing the possession of drugs to a
felony level offense.
In the alternative, should the Legislature not reinstate felony level possessions, the City
of Federal Way proposes a graduated scale, removing warnings. First offense, simple
misdemeanor. Second offense, gross misdemeanor, and the third offense and all after
should be a felony.
Vehicle pursuits by police
Support "reasonable suspicion" as the standard rather than "probable cause" to
allow police officers to engage in vehicle pursuits.
The law, as currently adopted, only allows police officers to engage in a vehicle pursuit
of a suspect if the officer has developed probable cause for a very limited category of
crimes: violent offenses, sex offense, or escape.
Under the current "probable cause" standard officers rarely engage in pursuits of
criminal suspects. This allows suspects to flee in vehicles before officers have time to
develop the necessary facts to meet the higher standard of probable cause.
In addition, the City of Federal Way understands the concerns raised by those who have
had negative experiences when wrongly accused by police and advocate for the best
possible training of law enforcement personnel to ensure all in our community feel safe.
Opposition to HB 1692 and amendment to RCW 94.41.010
This bill proposes to eliminate drive -by shooting as a basis for elevating
murder in the first degree to aggravated murder in the first degree.
Language to be removed from RCW if bill passes.
"The murder was committed during the course of or as a result of a shooting
where the discharge of the firearm, as defined in RCW 9.41.010, is either from a
motor vehicle or from the immediate area of a motor vehicle that was used to
transport the shooter or the firearm, or both, to the scene of the discharge."
Use of force — reasonable suspicion vs. probable cause.
Support allowing officers to use force when they have "reasonable suspicion"
that a crime has occurred as opposed to "probable cause." Under the current law,
an officer cannot physically detain a criminal suspect unless they have developed
probable cause. ,
This creates a challenging environment for officers as criminal suspects often flee a
scene before an officer can investigate and develop the necessary factual basis to meet
the probable cause standard.
Reverting to the "reasonable suspicion" standard, which was the standard used by
officers for decades in Washington, will allow officers to have more reasonable control
over a crime scene and provide the appropriate amount of time to develop the
necessary facts to dispel or confirm their suspicions of criminal activity.
Support for Youth Violence Prevention
Youth violence is a significant problem that affects thousands of young people each day,
and in turn, their families, schools, and communities. Youth violence and crime affect a
community's economic health, as well as individuals' physical and mental health and
well-being. Homicide is the third leading cause of death for youth in the United States.
Youth violence is preventable. To prevent and eliminate violence and improve youth
well-being, communities should employ evidence -based, comprehensive approaches
that address the multiple factors that impact violence, both factors that increase risk of
violence and factors that buffer against risk and promote positive youth development
and well-being.
Prevention, intervention, and treatment strategies that are trauma -informed are key.
Many youths have experienced traumatic events, including physical, sexual, and
emotional abuse; family and community violence; natural disasters; and the ongoing,
cumulative impact of poverty, racism, and oppression.
The City of Federal Way would like to request funding for programs that meet the goal
of reducing youth violence.
Land use — Zoning Mandates
Oppose state legislation that would mandate duplexes be allowed on every
residential parcel in a city with a population over 25,000.
Blanket mandates treat every neighborhood in every city exactly the same and fail to
recognize that the suitability of higher density development can vary within a city
depending upon the unique characteristics of individual neighborhoods. Such a mandate
would dramatically diminish the traditional role of city elected officials in determining
where best to locate various housing densities in their local neighborhoods and it would
also undermine the principle of local control.
Instead, the state should look to provide incentives to cities that promote higher
densities and leave local zoning decisions with city elected officials.
An example of this overreach can be found in the recently passed ESSHB 1220—the City
of Federal Way advocates for the overturn this law, so local control over zoning can be
restored.
Transportation revenues
Approve a transportation revenue package that emphasizes local transportation
resources which can be used to maintain and improve the transportation system.
A revenue package should focus on stable and long-term funding that the City can invest
in its transportation system with flexible options for seeking and using the revenues.
The City of Federal Way specifically requests transportation funding for the following
projects:
19 City Center Access ($50 Million Level)
The City Center Access project improves access from Federal Way's City Center to
and across 1-5. Additionally, it improves intermodal and multi -modal access by
modifying the existing over -utilized S 320t" Street interchange in order to better
accommodate concentrated urban growth and provide multi -modal connections
with transit agencies.
• Improvements to the SW 336th-SW340th Corridor ($20 Million Level)
Construct the SW 336th St to SW 340th St corridor, including a roundabout at SW
340th Street and Hoyt Road SW. With traffic from the City of Tacoma's Brown's
Point area and the City of Federal Way, this area has seen an increased level of
congestion. Traffic is projected to continue to increase and with the anticipated
Sound Transit South Federal Way station improved connections between Tacoma
and Federal Way are needed.
® Widen S 356th St between 15t Ave S and SR-99 (Pacific Highway S) ($20 Million
Level)
This area has seen an increased level of congestion from the combined City of
Tacoma Brown's Point area and the City of Federal Way. With the Sound Transit
Tacoma Dome Link Extension project and WSDOT's triangle project, this corridor
is anticipated to be a vital connection for travelers going from both Federal Way
and Tacoma to the South Federal Way Station.
Increase Circulation and Traffic Capacity in Downtown Federal Way ($5 Million
Level)
The City of Federal Way has limited connections from the downtown area to the
regional transportation network, with limited ways to disperse traffic. To
partially address this, this circulation improvement project includes:
Reconstruction of S 314th St between Pete von Reichbauer Way S and 23rd Ave S,
all but 25% of this section of roadway is a private street in a failing condition;
extending sidewalks on S 312th Street from Steel Lake Park going east, and
construction of sidewalk on S 336th St between SR-99, Pacific Highway S and 201h
Ave S.
COUNCIL MEETING DATE: January 4, 2022 ITEM #: . ...... .. . .6 e
..
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: PROPOSED INCREASE TO 2022 COST OF LIVING ADJUSTMENT (COLA) FOR NON -
REPRESENTED EMPLOYEES
POLICY QUESTION: Should the City Council authorize the Mayor to increase the 2022 COLA for non -
represented employees from 2.5% to 3.5%?
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Vanessa AudettHuman Resources Manager DEPT: Human Resources
Attachments: 1. Staff Report
Options Considered:
1. Approve the proposed 2022 Non -Represented COLA increase.
2. Reject the proposed 2022 Non -Represented COLA increase and provide staff direction.
MAYOR'S RECOMMENDATION: Option I
MAYOR APPROVAL: N/A DIRECTOR APPROVAL: / Z ZT ZI
Committee C Icil ttiitiaill7atz
Initial/Date ht alll7ate
COMMITTEE RECOMMENDATION: N/A
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the proposed Salary Survey Implementation Plan, and
authorize the Mayor to implement said Plan. "
(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 #
CITY OF FEDERAL WAY
HUMAN RESOURCES DEPARTMENT
Memorandum
Date: December 28, 2021
To: City Council Members
From: Vanessa Audett, Human Resources Manager
Subject: 2022 Cost of Living Adjustment (COLA) for Non -Represented
Employees
In effort to remain market competitive and provide non -represented employees
with competitive and livable wages, the Mayor has asked staff to bring forward a
request to increase the approved non -represented COLA by 1 %, for a total 2022
COLA of 3.5%.
Below, Chart A represents the Seattle -Tacoma -Bellevue Consumer Price Index
12-month change. Chart B represents the approved 2022 COLA for non -
represented employees at comparable cities.
CHART A CHART B
2021
MONTH
12-MONTH
FEBRUARY
1.7
APRIL
3.4
JUNE
5.5
AUGUST
5.2
OCTOBER
6.5
DECEMBER
Financial Impacts:
2022
NON -REP COLA
Auburn 4.5%
Bur ien 6.3%
Kent 4.0%
Lacey 3.5%
Olvmoia 4.0%
Shoreline 4.0%
Tukwila 5.7%
The cost to increase COLA for non -represented employees by 1 % is $161,000.
This amount includes the cost of the "me too' clause in the Teamsters 763
contract, which would result in a COLA increase from 3% to 3.5% for that labor
group. The proposed COLA increase does not require a budget amendment and
is fully -funded through swept salary savings from budgeted, unfilled vacancies
throughout the city.
Background Information:
The City Council approved a 2.5% COLA for non -represented employees during
a June 2021 budget amendment.
Mayor's Recommendation:
Approve the proposed 1 % increase to the 2022 COLA for non -represented
employees.
COUNCIL MEETING DATE: January 4, 2022 ITEM #: 6f
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: LAKOTA MIDDLE SCHOOL SAFE ROUTES TO SCHOOL - SW DASH POINT ROAD - BID AWARD
POLICY QUESTION: Should City Council award the Lakota Middle School Safe Routes to School - SW Dash
Point Road project to the lowest responsive, responsible bidder?
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: John Mulkey, P.E., Senior Capital Engineer DEPT: Public Works
Attachments: 1. Staff Report
2. Bid Tabulation
Options Considered:
1. Award the Lakota Middle School Safe Routes to School - SW Dash Point Road project to Active
Construction, Inc., the lowest responsive, responsible bidder, in the amount of $2,036,036.00 and
approve a ten percent contingency of $203,603.60, for a total amount of $2,239,639.60, and
authorize the Mayor to execute the contract.
2. Reject all bids for the Lakota Middle School Safe Routes to School - SW Dash Point Road
project and direct staff to rebid the project and return to Committee for further action..
MAYOR'S RECOMMENDATION: Option 1.
MAYOR APPROVAL: N `N
Committee
Initial/Date
COMMITTEE RECOMMENDATION: N/A
61
DIRECTOR APPROVAL: 'i, t vbJ20-n
Initial/Date
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move to award the Lakota Middle School Safe Routes to School - SW Dash
Point Road project to Active Construction, Inc., the lowest responsive, responsible bidder, in the amount of
$2, 036, 036.00 and approve a ten percent contingency of $203, 603.60, for a total amount of $2, 239, 639.60, and
authorize the Mayor to execute the contract. "
(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 — 11/2020
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: December 6, 2021
TO: City Council
VIA: Jim Ferrell, Mayor
FROM: EJ Walsh, P.E., Public Works Director
John Mulkey, P.E., Senior Capital Engineer
SUBJECT: Lakota Middle School Safe Routes to School - SW Dash Point Road - Bid Award
Financial tmPacts:
The cost to the City for the Lakota Middle School Safe Routes to School - SW Dash Point Road
project was included within the approved budget under the Public Works Department, Capital
Project #204. In accordance with the approved budget, this item is funded by a federal Safe
Routes to School grant in the amount of $1,350,000.00, a Washington State grant from the
Transportation Improvement Board in the amount of $500,000, Lakehaven Water and Sewer
District ILA of approximately $630,000 (based on did) and Letter of understanding with Verizon
of approximately $23,000 (based on bid), a transfer from Parks of $170,000 and transfer of
$200,000 from the 120 Path and Trail budget. Upon completion of the project, ongoing costs
associated with operations and maintenance will be performed and funded through streets
maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed
and adjusted as required during the budget process.
Background Information:
This project provides an 8' sidewalk, planter strip, bicycle lane and street lights on the south side
of SW Dash Point Road from 21st Ave SW to SW 312th St. The project also upgrades existing
pedestrian crossings and curb ramps at 21s' Ave SW to current ADA standards; extends the
reduced speed school zone through the SW 312th St intersection and 215t Ave SW intersection;
and replaces existing water main and reconfigures the Park parking lot.
Seven bids were received and opened on December 3, 2021 for the Lakota Middle School Safe
Routes to School - SW Dash Point Road project; please see attached Bid Tabulation Summary.
The lowest responsive, responsible bidder is Active Construction, Inc., with a total bid of
$2,036,036.00. Staff reviewed the bids received and they were within budget.
Cecccanti submitted a bid for $1,856,313.48, which was the apparent low bidder. During review
it was found that Ceccanti did not meet all of the bid requirements. City Staff reached out to the
WSDOT Local Programs Office for additional review and subsequently WSDOT confirmed that
the apparent low bidder had not met the DBE requirements set by the bid documents and grant
funding requirements. WSDOT concurred that Active Construction Inc. was the lowest
responsive, responsible bidder.
Rev. 6/2019
December 6, 2021
Land Use and Transportation Committee
Lakota Middle School Safe Routes to School - SW Dash Point Road - Bid Award
Page 2
AVAILABLE FUNDING:
Grant (Federal — SRTS) $1,350,000.00
State (TIB) $ 500,000.00
Lakehaven Bid Schedule & Project $ 630,000.00
Admin Costs
Verizon LOU relocation $ 23,000.00
Parks $ 170,000.00
Path and Trail (120) _ $ 200,000.00
Total Available Funding $2,873,000.00
PROJECT ESTIMATED EXPENDITURES:
The following is a breakdown of the estimated total project costs based on the low bid:
Design (City Staff)
$170,000.00
Construction
$2,036,036.00
10% Construction Contingency
$203,603.60
Construction Management
$360,000.00
Total Project Costs
$2,769,639.50
Staff recommends awarding the Lakota Middle School Safe Routes to School - SW Dash Point
Road project to Active Construction, Inc., the lowest responsive, responsible bidder, in the
amount of $2,036,036.00 and approve a 10% contingency of $203,603.60 for a total of
$2,239,639.60 and authorize the Mayor to execute the contract.
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COUNCIL MEETING DATE: January 4, 2022
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:- 6 g
SUBJECT: AUTHORIZATION TO ACCEPT TIB GRANT FUNDING FOR TRANSPORTATION IMPROVEMENT
PROJECT
POLICY QUESTION: Should City Council authorize acceptance of transportation grant funding?
COMMITTEE: Not applicable MEETING DATE: Not applicable
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: 1 CCG DEPT: pI-3
Attachments: 1. Staff Report
Options Considered:
1. Approve acceptance of the transportation grant award.
2. Do not approved acceptance of the grant and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1.
MAYOR APPROVAL: !y \ K DIRECTOR APPROVAL: - 21Z1
CommitteeXlnifiaMa�ei
C ncInitial/Date
Initial/Date
COMMITTEE RECOMMENDATION: WA
Greg Baruso, Committee Chair Martin Moore, Committee Member Hoancy Tran, Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the transportation grant. "
(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 #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: January 4, 2022
TO: City Council
VIA: Jim Ferrell, Mayor
FROM: EJ Walsh, P.E., Public Works Director
Rick Perez, P.E., City Traffic Engineer
SUBJECT: Authorization to Accept TIB Grant Funding for Transportation Improvement Project
FINANCIAL IMPACTS:
The SR 99 @ S 373d Street Roundabout with Median Control project is in the approved 2021/2022
budget as project #36-224. The Transportation Improvement Board has awarded $2,500,000 in grant
funding for the project. The required matching funds of $1,000,000 will be funded out of the
Transportation Capital Fund (306) which averages $2.OM per year of revenue from real estate excise
tax (REET) and traffic impact fees (TIF). A mitigation agreement with a development proposed in the
City of Milton could contribute $325,000, depending on timing on the development. The project may
also compete well in the 2022 City Safety Program, the application for which is due in April 2022.
Additional maintenance funds of $3,000 per year will be required for on -going maintenance including
cleaning, striping, signing, and lighting.
BACKGROUND INFORMATION:
City Council approved applying for this Transportation Improvement Board grant in July 2021. The
project will construct a roundabout at the intersection of S 373`d Street and provide median barrier on
SR 99 between the Gethsemane Cemetery driveway to the north end of the weigh station. The left -
turn restrictions placed recently to address crossover and left -turn collisions would be ameliorated by
providing U-turn facilities on each end of the project. This project will be constructed in 2024.
Summary of the grant funding is as follows:
Project (Funding Phase) Estimated Grant Fund Required City Years of
Grant I Project Cost Amount Match Expenditure
SR 99 @ S 373`d Street
(Design, Right -of -Way, Construction)
Urban Arterial (State) $3,500,000 $2,500,000 $1,000,000 2022-2024
COUNCIL MEETING DATE: January gyp, 2022 ITEM #: 6h
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: PACIFIC HIGHWAY SOUTH SAFETY CORRIDOR IMPROVEMENTS
POLICY QUESTION: Should the City Council authorize the expenditure of $225,000 and the construction of
safety improvements along Pacific Highway South, between S 373rd Street and the turn pocket of S 359`h Street?
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
❑ Consent
® City Council Business
STAFF REPORT BY: EJ Walsli, PE `"` '
Attachments: 1. Staff Report
❑ Ordinance ❑ Public Hearing
Resolution ❑ Other
DEPT: PW
Options Considered:
1. Authorize the expenditure of $225,000 and the construction of safety improvements along
Pacific Highway South between S 373rd Street and the turn pocket of S 359th Street.
2. Do not approved proposed resolution and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL: N/A
Committee
Initial/Date %
COMMITTEE RECOMMENDATION: N/A
DIRECTOR APPROVAL: �✓ iI-z3l eort
liailDn[e
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of Option 1. "
(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 #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: January 6, 2022
TO: City Council
VIA: Jim Ferrell, Mayor
FROM: EJ Walsh, PE, Public Works Director
SUBJECT: Pacific Highway Safety Corridor Improvements
Financial Impacts:
The safety improvements, further defined below, have a one-time cost of $225,000. This would
include purchase of delineator materials, signage, required installation materials (bits, bolts, posts,
etc.).
Construction of the Safety Corridor Improvements was not contemplated or funded within the
current budget. If authorized, procurement would immediately commence with installation
following receipt of materials and the budget would be reconciled during the next budget
adjustment.
Back -ground Information:
Pacific Highway, south of 3561h, has been the scene of some of the most significant vehicular
collisions City wide. Earlier in 2021, after review of several accidents at the intersection of 373`a
and Pacific Highway, a decision was made to prohibit left turns at both S 373`a and S 374th and
install lane delineators.
Based on additional, subsequent, vehicular accidents between S 373`a and S 359th, as well as the
successful reduction in accidents after the prohibition of left turns and installation of lane
dividers, Public Works was directed to review expansion from S 373`a to S 359th and determine
an associated cost to create a safety corridor.
That request has been completed and the associated costs have been determined below. This
includes installing lane dividers from where they currently stop at the north end of S 373`a,
traveling north, to the southern end of the turn pocket at S 359th. To minimize costs, the spacing
is proposed to be expanded in areas with lower risk of illegal U-Turns, and the spacing will
match at higher use driveways to prevent cut through.
Additionally, signage, similar to what was used for S 373`a / S 374th is proposed for the corridor
length as well as the installation of 2 additional tactile feedback speed reader signs.
To reduce the overall cost, the installation work is proposed to be completed by City staff with
the exception of contracted traffic control direction will be required. Given the length and need
for specialized traffic control speed attenuators, contracting this will be more cost effective since
the City does not own this equipment.
Rev. 6/2020
January 6, 2022
Pacific Highway South Safety Corridor Improvements
Page 2
Breakdown of Costs:
Delineators:
$160,000
Installation Materials
$12,500
Signage
$27,500
Traffic Control
$9,500
Spare Parts
$15,500
Total $225,000
The lead time for the delineators is 45 to 60 days for shipment from the time they receive a Purchase
Order from the City.
The majority of the signage is expected to be able to be installed in advance of the delineators.
Public Works will also need to receive approval from WS DOT for traffic control and installation of the
delineators prior to the work commencing.
COUNCIL MEETING DATE: January 4, 2022 ITEM #..... .: / a
. ..................
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ORDINANCE: MODIFYING THE CITY'S NUISANCE CODE
POLICY QUESTION: Should the City Council modify the City's nuisance code to address chronic nuisance
properties and provide for emergency summary abatement for severe and emergent nuisances in the City?
COMMITTEE: LAND USE TRANSPORTATION COMMITTEE MEETING DATE: December 6, 2021
CATEGORY:
❑ Consent ® Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Kent van Als ne Assist. City Attorne 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 RECOMME TION: Option 1.
MAYOR APPROVAL.Wis-Mv- a DIRECTOR APPROVAL: i o TaY 1
C019TnitOL CAu cii Inilin bat
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: NM Z m0 `r- 4' .���tJar� � �� �cjLnariC
�c�wevy 4, ?.ozZ -{a� ,Lgr rea.d�'�•
Con n ittee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION(S):
FIRST READING OF ORDINANCE (JANUARY 4, 2022): "I move to forward the proposed ordinance to the
January 18, 2022 Council Meeting for second reading and enactment. "
SECOND READING OF ORDINANCE (JANUARY 18, 2022): "1 move approval of the proposed ordinance. "
(BELOW TO BE COMPLETED BYCITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
COUNCIL BILL #
{- I
❑ DENIED
First reading
❑ TABLED/DEFERRED/NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED — 11/2019
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: November 23, 2021
TO: City Council Members
VIA: Jim Ferrell, Mayor
FROM: J. Ryan Call, City Attorney
Kent van Alstyne, Assistant City Attorney
SUBJECT: Modifying the City's Nuisance Code
Financial Impacts:
None anticipated. Any staffing requirements incurred through enforcement of this proposed
code section would be internalized among existing personnel.
Background Information:
Federal Way Revised Code ("FWRC") identifies and regulates nuisance conditions and
provides for both civil. and criminal enforcement of nuisance conditions in the City. Current
code identifies both general public nuisances, such as anything "unreasonably offensive to
the senses," as well as specific public nuisances, such as improper storage of flammable
materials. Civil enforcement of public nuisances provides the City with the authority to post
stop work orders, issue notices of violation and orders to correct, and perform abatement of
nuisances after providing an opportunity for the alleged violators to appeal the City's
determination.
However, unlike the municipal codes of many nearby cities and counties, FWRC does not
contain either: (1) a specific mechanism for identification and remediation of chronic
nuisance properties; or (2) an emergency summary abatement procedure for severe, emergent
nuisances.
The lack of specific chronic nuisance property regulation makes it difficult for the City to
effectively correct the underlying issues that cause certain properties to be repeat offenders.
Instead, the City has to deal with each individual instance nuisance condition separately,
which frequently does not allow for the wholesale changes necessary to prevent further
nuisances at the property in the future.
The lack of an emergency summary abatement procedure for true emergencies forces the City
to either act outside of its specific code authority or use the considerably slower notice of
violation
process (taking weeks to months to process) to remedy the violation even when the nuisance
poses an extreme and immediate risk to public health.
The proposed changes seek to remedy these two deficiencies.
Proposed Code Changes:
1. Chronic Nuisance Properties
The proposed code amendments would define chronic nuisance properties as those properties
where three or more instances of either civil nuisance or criminal conduct attributable to the
property owner occur within a 60-day period, or where seven or more such instances occur
during any 12-month period. The Community Development Director is authorized to perform
civil enforcement and abatement of chronic nuisance properties (code enforcement), while
the Police Chief is authorized to criminally enforce the chronic nuisance property code.
2. Emergency Summary Abatement
The proposed code amendments would allow code enforcement officials to summarily and
immediately abate a "condition that constitutes a severe and emergent threat to the public
health, safety, or welfare." Notice of such abatement must be given to the person responsible
as soon as reasonably possible.
2
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, modifying
the City's nuisance code to address chronic nuisance properties and
providing for emergency summary abatement for severe and emergent
nuisances in the City; amending FWRC 6.70.010; adding new sections
to Chapter 6.70 including sections 6.70.020, 6.70.030, and 6.70.040; and
adding a new section to Chapter 1.15 including section 1.15.085.
(Amending Ordinance No. 00-374.)
WHEREAS, the City of Federal Way ("City") is a non -charter code city pursuant to Title
35A RCW; and
WHEREAS, the City is authorized to declare and abate nuisances under its general police
powers as provided in Article XI, Section 11 of the Washington State Constitution; and
WHEREAS, civil and criminal nuisance conditions existing on properties present
significant health, safety, and welfare concerns, particularly where the persons responsible for such
properties repeatedly fail to take corrective action to abate the nuisance conditions; and
WHEREAS, such chronic nuisance properties can have a tremendous negative impact upon
the quality of life, safety and health of the neighborhoods where they are located; and
WHEREAS, the citizens of the City should be able to enjoy ownership, use, and possession
of property without negative interference from chronic nuisance properties; and
WHEREAS, chronic nuisance properties can also be a financial burden to the City due to
repeated calls for service necessitated by nuisance activities that repeatedly occur or exist on such
properties; and
WHEREAS, it is in the public interest for the City Council to adopt these new and amended
regulations in FWRC Titles 1 and 6, to provide a practical process for ameliorating and correcting
chronic nuisances.
Ordinance No. 21- Page 1 of 5
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings. 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 protecting public health and safety.
Section 2. Chapter 6.70 "Public Nuisance" of the Federal Way Revised Code is hereby
amended to read as follows:
Chapter 6.70
PUBLIC NUISANCE AND CHRONIC NUISANCE PROPERTIES
6.70.010 Public nuisance statutes adopted.
The following state statutes are adopted by reference:
RC W
9.66.010 Public nuisance.
9.66.020 Unequal damage.
9.66.030 Maintaining or permitting nuisance.
9.66.040 Abatement of nuisance.
9.66.050 Deposit of unwholesome substance.
Section 3. Chapter 6.70 of the Federal Way Revised Code is hereby amended to add a new
section 6.70.020 to read as follows:
6.70.020 Definitions.
Ordinance No. 21-
Page 2 of 5
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.
"Chronic nuisance ro er. " means:
(1) Property on which any combination of three or more nuisance activities occur or exist during
any 60-dayperiod; or
(2) Property on which any combination of seven or more nuisance activities occur or exist during
any 12-month period.
"Nuisance activity" means:
(1) Any nuisance as defined by state law or local ordinance occurringproperty, including but
not limited to violations of Title 7 FWRC, Public Nuisances,• or
(2) Any criminal conduct as defined by state law or local ordinance occurring on a property, that
is wholly or partially attributable to the action or inaction of the property owner, property manager,
agent. employee, or designee, including but not limited to the criminal conduct described in Title
6 FWRC, Public Safety and Welfare.
Section 4. Chapter 6.70 of the Federal Way Revised Code is hereby amended to add a new
section 6.70.030 to read as follows:
6.70.030 Violations.
It is unlawful and a violation of this title, whether by act or omission. to cause_ create. maintain.
suffer. or allow a chronic nuisance property to occur, exist, or remain. Each day any person allows
or fails to abate such chronic nuisance property after notice shall constitute a separate violation.
Section 5. Chapter 6.70 of the Federal Way Revised Code is hereby amended to add a new
section 6.70.040 to read as follows:
Ordinance No. 21- Page 3 of 5
6.70.040 Penalties and enforcement — Authority.
The Community Development Director or designee may enforce the provisions of this chapter
through any enforcement provisions in Chapter 1.15 FWRC. The Police Chief or designee may
enforce the provisions of this chapter through the criminal enforcement provisions in Chapter 1.10
FWRC. Any such enforcement of the provisions of this chapter is in addition to. and does not
preclude or limit, any other forms of enforcement available to the City including, lout not limited
to, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct,
or discourage unlawful acts in violation of this chapter.
Section 6. Chapter 1.15 of the Federal Way Revised Code is hereby amended to add a new
section 1.15.085 to read as follows:
1.15.085 Emergency Summary Abatement.
Whenever the enforcement official determines that a violation has occurred or is occurring that
causes or creates a condition that constitutes a severe and emergent threat to the public health,
safety, or welfare requiring, immediate abatement. they may summarily abate the condition. Notice
of such abatement, including the reason for it, shall be given to the person responsible for the
violation as soon as reasonably possible.
Section 7. Seyerability. 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 8. 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
Ordinance No. 2 1 - Page 4 of 5
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 9. Ratification. Any act consistent with the authority and prior to the effective date
of this ordinance is hereby ratified and affirmed.
Section 10..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
2021.
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. 21- Page 5 of 5
COUNCIL MEETING DATE: January 4, 2022 ITEM # 7b
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ORDINANCE: PROPOSED CODE (12.35 FWRC) FOR LICENSING PERMANENT SUPPORTIVE
HOUSING AND TRANSITIONAL HOUSING AND EMERGENCY HOUSING AND SHELTER
POLICY QUESTION: Should the City amend FWRC Title 12 to include city licensing requirements for
permanent supportive housing and transitional housing, and emergency housing and shelter facilities located in
the city?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: December 6, 2021
CATEGORY:
❑ Consent ® Ordinance ® Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Brian Davis, Directory DEPT: Community Development
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: �" I DIRECTOR APPROVAL:~
ConV C66unul, I Initial/Date
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on January 4,
2022.
Com ittee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION(S):
FIRST READING OF ORDINANCE (JANUARY 4, 2022): "I move to forward the proposed ordinance to the
January 18, 2022 Council Meeting for second reading and enactment. "
SECOND READING OF ORDINANCE (JANUARY 18, 2022): "I move approval of the proposed ordinance."
BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE
COUNCIL ACTION:
n r�
❑ APPROVED
COUNCIL BILL #
/�✓
❑ DENIED
First reading
❑ TABLED/DEFERRED/NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED — 11/2020
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: December 6, 2021
TO: Land Use & Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: Brian Davis, Community Development Director�'�
SUBJECT: Proposed Code (12.35 FWRC) for Licensing Permanent Supportive Housing and
Transitional Housing,and Eme%ency Housing and Shelter
Financial Impacts:
The cost to the City of Federal Way ("City") for implementing this licensing program will include
staff costs for processing applications, keeping a database of occupants and locations, and any
necessary code enforcement activities. There is a nominal licensing fee that will offset some of
the city costs, but the program will not be 100% cost neutral and there will be an ongoing cost for
the city to administer this program. The total cost will be dependent upon the number of licenses
issued annually.
Background Information:
On October 19, 2021, the City Council ("Council") approved Council Bill #811 (]code
amendments for permanent supportive housing and transitional housing, and emergency housing
and shelter). Those amendments created separation standards, intensity caps, and operational
requirements for these uses within the city. As part of the Council adoption process, the Council
requested that staff develop a licensing program for these facilities, for consideration by Council
and potential adoption.
SEPA
A DNS was issued on July 16, 2021, for the initially -proposed code amendments and no SEPA mitigation
was required. The city received and considered the comments on the proposed code amendments and
there were no appeals submitted. A SEPA addendum is necessary to incorporate the added requirement
for a city -issued license. That addendum was issued in October.
Provisions of proposed licensing
The proposed code amendments would: 1) create a new code chapter (12.35) governing City
licensing of permanent supportive housing and transitional housing, and emergency housing and
shelter facilities; and, 2) amend Title 19 in several places to connect the permitting regulation in
Council Bill #811 to the new licensing requirements. The licensing code would:
1. Create an annual licensing program;
2. Identify information to be included in the licensing application that would allow
the city to track the number and location of these facilities within the city;
3. Establish an application fee; and
4. Include sections requiring certain standards of safety and conduct.
Rev 6/2020
ORDINANCE NO.
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
19.195.015, 19.200.045, 19.205.080, 19.215.070, 19.220.100, 19.220.105,
19.225.055, 19.225.075, 19.230.055, 19.230.065, 19.240.085, and
19.240.095; and adding a new Chapter 12.35 including sections
12.35.010, 12.35.020, 12.35.030, 12.35.040, 12.35.050, 12.35.060,
12.35.070, and 12.35.080. (Amending Ordinance Nos. 94-233, 96-270,
97-291, 99-333, 01-385, 02-423, 07-559, 09-605, and 21-921.)
WHEREAS, on May 12, 2021, the Washington State legislature enacted ESSHB 1220
("HB 1220"), which after partial veto by Governor Jay Inslee became Chapter 254, Laws of
2021; and
WHEREAS, HB 1220 took effect on July 25, 2021; and
WHEREAS, the City Council ("Council") of the City of Federal Way ("City") adopted
Ordinance 21-921 in order to conform with state law, the City Comprehensive Plan, and to
protect public health and safety; and
WHEREAS, HB 1220 expressly permits code cities to impose reasonable occupancy,
spacing, and/or intensity of use requirements on permanent supportive housing, transitional
housing, indoor emergency housing, and indoor emergency shelters to protect public health and
safety; and
WHEREAS, any such requirements on occupancy, spacing, and intensity of use may not
prevent the siting of a sufficient number of permanent supportive housing, transitional housing,
indoor emergency housing, or indoor emergency shelters necessary to accommodate each code
city's projected need for such housing and shelter; and
Ordinance No. 21- Page I of 98
WHEREAS, reasonable intensity, spacing, and occupancy requirements on permanent
supportive housing, transitional housing, emergency housing, and emergency shelter are
necessary to protect public health and welfare; and
WHEREAS, Ordinance 21-921 included operational requirements on permanent
supportive housing, transitional housing, indoor emergency housing, and indoor emergency
shelters in its land use regulations under Title 19, Federal Way Revised Code ("FWRC"); and
WHEREAS, the creation of a City -issued licensing program to implement the operational
requirements contained in Title 19, FWRC, is a reasonable occupancy and/or intensity of use
regulation designed to protect public health and safety; and
WHEREAS, the creation of a City -issued licensing program does not prevent the siting of
a sufficient number of permanent supportive housing, transitional housing, indoor emergency
housing, and indoor emergency shelter necessary to accommodate the City's projected need for
such housing and shelter; and
WHEREAS, an Addendum to the Environmental Determination of Nonsignificance
("DNS") (File 21-102563-SE) was properly issued for these code amendments on October 19,
2021; and
WHEREAS, the Land Use & Transportation Committee of the Federal Way City Council
considered these code amendments on December 6, 2021, and recommended adoption of the
code amendments; and
WHEREAS, the City Council held a public hearing on these code amendments on
January 4, 2021; and
WHEREAS, the City recognizes the need to periodically modify Titles 12 and 19 of the
Federal Way Revised Code ("FWRC"), "Businesses" and "Zoning and Development Code",
Ordinance No. 2 1 - Page 2 of 98
respectively, in order to conform to state and federal law, codify administrative practices, clarify
and update regulations as deemed necessary, and improve the efficiency of the regulations and
the license review process; and
WHEREAS, this ordinance, containing amendments to development regulations and
creating a licensing provision, has complied with Process VI review, Chapter 19.80 FWRC,
pursuant to Chapter 19.35 FWRC; and
WHEREAS, it is in the public interest for the City Council to adopt the new and amended
development regulations for FWRC Titles 12 and 19 requiring licensing for permanent
supportive housing, transitional housing, emergency housing, and emergency shelter within the
City of Federal Way to conform with state law, the City Comprehensive Plan, and public health
and safety.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings. 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 ensuring conformance with state law, protecting public health
and safety, and clarifying items within the Code resulting in less need for interpretation.
(c) These code amendments comply with Chapter 36.70A RCW, Growth
Management.
Ordinance No. 21- Page 3 of 98
(d) These code amendments are consistent with the intent and purpose of Titles 12
and 19 FWRC and will implement and are 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.
(f) The adoption of these code amendments has followed the proper procedure
required under the FWRC.
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:
LUP 9 Support a diverse community comprised of neighborhoods that provide a range of
housing options; a vibrant City Center; well designed and functioning mixed -use,
commercial and office areas; and distinctive neighborhood retail areas.
LUP 10 Support the continuation of a strong residential community.
LUG3 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.
HG1 Preserve and protect the quality of existing residential neighborhoods and require
new development to be of a scale and design that is compatible with existing
neighborhood character.
Ordinance No. 21- Page 4 of 98
HP2 Amend development regulations to accommodate a diverse range of housing forms
that are compatible with neighborhood character and create an effective transition
between the City Center, business areas, and residential neighborhoods.
HP12: The FWRC and Land Use chapter of the FWCP will be coordinated to facilitate
locating housing affordable to low-income, very low-income, and special needs
households throughout the City, especially around the City Center and other areas that
provide proximity to employment, safe and convenient access to transportation and
human services, and adequate infrastructure to support housing development.
HGS: Develop a range of affordable housing opportunities for low-income households
consistent with the CWPPs and the needs of the community.
HP21: Promote fair housing access to all persons without discrimination.
HG7: Develop a range of housing opportunities that meet the requirements of people
with special housing needs, including the elderly, mentally ill, victims of domestic abuse,
and persons with physical and/or developmental disabilities.
HP39: Periodically review the FWRC and remove any regulatory barriers to locating
special needs housing and emergency and transitional housing within the City as required
by the federal Fair Housing Act, to avoid over -concentration, and to ensure uniform
distribution throughout all residential and mixed -use zones.
HP40: Review permit applications for special needs housing in close coordination with
service providers and the City's Community Services Division.
HP41: Assist special needs housing developers, local service organizations, and self-
help groups to obtain funding and support.
HP42: Ensure that access to special needs housing is provided without discrimination.
Ordinance No. 21- Page 5 of 98
HG8: Develop emergency shelter and transitional housing facilities for the homeless.
HP43: Coordinate City actions related to homelessness with the City's Community
Services Division and non-profit housing and human services providers.
HP44: 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
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 because they provide for a diverse number of supportive housing and
shelter types to address temporary and chronic homelessness, including supportive services
designed to improve health and housing outcomes, while imposing reasonable occupancy,
spacing, and intensity of use requirements, including licensing requirements, on such uses to
protect public health and safety.
(c) The proposed amendments are in the best interest of the public and the residents
of the City of Federal Way because they provide for a diverse number of supportive housing and
shelter types to address temporary and chronic homelessness, including supportive services
designed to improve health and housing outcomes, while imposing reasonable occupancy,
spacing, and intensity of use requirements, including licensing requirements, on such uses to
protect public health and safety.
Section 3. Chapter 19.195.015 of the Federal Way Revised Code is hereby amended to
read as follows:
Ordinance No. 21- Page 6 of 98
The following uses shall be permitted in the Suburban Estate zone (SE) zone subject to the
regulations and notes set forth in this section:
USE ZONE CHART
(DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Maximums
Required Yards
SE
(Required
Required
ZONE
iReview
Lot
Lot
Height of
Parking
Process
Size
Front
Side
(each)
IRearCoverage
Structure
Spaces
SPECIAL REGULATIONS AND NOTES
'USE REGULATIONS
Permanent
Process
5
30
20
20 10%
30 ft.
See
1. Any proposed permanent
supportive housing
III
acres
ft.
ft.
ft.
above
Notes 9
supportive housing or transitional
and transitional
average
and 10
housing facility with more than 2
housing
building
units, or which brings the total
elevation
number of permanent supportive
housing or transitional housing units
on the property to more than 3 units,
must be distanced at least 11/3 miles
(7,040 ft.) from any property with
more than 3 units of permanent
supportive housing and/or transitional
housing, as measured from the
nearest points of each such property.
2. There shall be no more than 10
residences located within a single
structure per lot.
3. The property is situated proximate
to, and has convenient access to,
public transportation, shopping,
health care providers, and other
services and facilities frequently
utilized by the residents of the
property.
4. The housing will be operated under
the authority of a reputable governing
board, social service, or government
agency, or proprietor, to whom staff
are responsible and who will be
available to city officials, if necessary,
to resolve concerns pertaining to the
property or residents.
5. The housing will operate under a
written community engagement plan,
approved by the governing agency,
board, or official, which must address,
at a minimum: 1) how the facility will
Ordinance No. 2 1 - Page 7 of 98
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
(Maximums
Required Yards
SE
(Required
Required
ZONE
(Review
Lot
Lot
Height of
Parking
USE REGULATIONS
(Process
Size
Front
'Side
(each)
Rear
Coverage
Structure
Spaces
SPECIAL REGULATIONS AND NOTES
engage with the community; 2) how
the facility will respond to community
complaints or concerns; and, 3) who is
the point of contact for the
community. The plan shall be
provided to the city prior to
occupancy and shall be updated and
provided to the city as substantive
changes are made to the plan.
6. Refer to Chapter 19.125 FWRC,
Outdoors, Yards, and Landscaping, for
appropriate requirements.
7. For sign requirements that apply to
the project, see Chapter 19.140 FWRC.
8. For community design guidelines
that apply to the project, see
Chapter 19.115 FWRC.
9. Parking spaces shall be provided as
follows:
Efficiency units — 1.0 per unit + 1
per 2 employees
Studio units — 1.25 per unit + 1 per
2 employees
One bedroom units — 1.5 per unit +
1 per 2 employees
Units with two bedrooms or more —
2.0 per unit + 1 per 2 employees.
10. Alternatively, an applicant may
choose to submit a parking study in
accordance with FWRC 19.130.080(2).
11. The housing will operate under a
written operational plan that will
include, at a minimum, the following:
a. Residents must be referred by
providers of housing and
services for people
experiencing homelessness.
Ordinance No. 21- Page 8 of 98
,USE ZONE CHART
DIRECTIONS: FIRST, read down to find use , , . THEN, across for REGULATIONS
(Minimums
Maximums
(Required Yards
SE
Required
Required
ZONE
Review
Lot
Lot
Height of
Parking
Process
:Size
(Front
Side
(each)
Rear
Coverage
Structure
Spaces
SPECIAL REGULATIONS AND NOTES
USE REGULATIONS
Direct intake of residents at
the site, without prior referral,
is not allowed.
b. A description of transit,
pedestrian and bicycle access
from the subject site to
services and schools must be
provided to residents.
c. An operations plan must be
provided that addresses the
following elements:
i. Roles and
responsibilities of
key staff,
ii. Site/facility
management,
including a security
and emergency plan;
iii. Site/facility
maintenance;
iv. Occupancy policies,
consistent with RCW
59.18, including
resident
responsibilities and a
code of conduct that
includes, at a
minimum, a
prohibition on
Ordinance No. 21- Page 9 of 98
USE ZONE CHART
(DIRECTIONS: FIRST, read down to find use . _ . THEN, across for REGULATIONS
Minimums
Maximums
Required Yards
SE
(Required
(Required
ZONE
(Review
Lot
Lot
Height of
(Parking
(Process
Size
Front
Side
(Rear
Coverage
Structure
Spaces
USE REGULATIONS
(each)
SPECIAL REGULATIONS AND NOTES
threatening and
unsafe behavior; and,
the on -site use and
sale of illegal drugs;
V. Access to human and
social services,
including a staffing
plan and expected
outcome measures;
vi. Procedures for
maintaining accurate
and complete
records.
d. Providers and/or managing
agencies shall have either a
demonstrated experience
providing similar services to
people experiencing
homelessness, and/or
certifications or academic
credentials in an applicable
human service field, and/or
applicable experience in a
related program with people
experiencing homelessness.
e. For health and safety reasons,
the sponsor and/or managing
agency shall take all
reasonable and legal steps to
obtain verifiable identification
information, including full
Oi-dinance No. 21- Page 10 of 98
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
iMinimums Maximums
(Required Yards SE
Required Required ZONE
Review Lot Lot 'Height of Parking
Process Size Front Side Rear Coverage Structure Spaces
USE REGULATIONS(each) SPECIAL REGULATIONS AND NOTES
❑ ❑
Process I, II, III and IV are described in
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
Chapter 19.65 FWRC,
Chapter 19.70 FWRC respectively.
name and date of birth, from
current and prospective
residents, and shall keep a
log containing this
information.
f. Should the provider become
aware of a current or
prospective resident who has
an active felony warrant, it
shall follow a protocol to
work with the participant to
resolve any outstanding
warrants with applicable legal
authorities.
12. All facilities are required to be
licensed pursuant to the provisions of
FWRC 12.35.
For other information about parking
and parking areas, see
Chapter 19.130 FWRC.
For details of what may exceed this
height limit, see FWRC 19.110.050 et
seq.
For details regarding required yards,
see FWRC 19.125.160 et seq.
Section 4. Chapter 19.200.045 of the Federal Way Revised Code is hereby amended to
read as follows:
19.200.045 Permanent supportive housing and transitional housing.
Ordinance No. 21- Page 11 of 98
The following uses shall be permitted in the Single -Family Residential (RS) zone subject to the
regulations and notes set forth in this section:
USE ZONE CHART
'DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Maximums
(Required Yards
RS
Required
Required
ZONE
Review
Lot
Lot
Height of
Parking
Process
Size
(Front
Side
i(each)
Rear
Coverage
Structure
Spaces
SPECIAL REGULATIONS AND
USE REGULATIONS
(NOTES
Permanent
Process
See
20
10 ft.
20
See
30 ft.
See
1. Minimum lot size is as
supportive housing
III
Note
ft.
ft.
Note 9
above
Notes
follows:
and transitional
1.
average
11 and
a. In RS 35.0 zones, the
housing
building
12
minimum lot size is 35,000 sq.
elevation
ft.
b. In RS 15.0 zones, the
minimum lot size is 15,000 sq.
ft.
c. In RS 9.6 zones, the
minimum lot size is 9,600 sq. ft.
d. In RS 7.2 zones, the
minimum lot size is 7,200 sq. ft.
e. In RS 5.0 zones, the
minimum lot size is 5,000 sq. ft.
2. Any proposed permanent
supportive housing or
transitional housing facility with
more than 2 units, or which
brings the total number of
permanent supportive housing
or transitional housing units on
the property to more than 3
units, must be distanced at
least 1'/3 miles (7,040 ft.) from
any property with more than 3
units of permanent supportive
housing and/or transitional
housing, as measured from the
nearest points of each such
property.
3. There shall be no more than
6 residences located within a
single structure per lot.
4. The property is situated
proximate to, and has
convenient access to, public
Ordinance No. 21- Page 12 of 98
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Maximums
(Required
Yards
RS
Required
Required
ZONE
Review
Lot
Lot
Height of
Parking
Process
Size
(Front
(each)
Rear
Coverage
Structure
:Spaces
'SPECIAL REGULATIONS AND
USE REGULATIONS
(each)
iNOTES
transportation, shopping,
health care providers, and other
services and facilities frequently
utilized by the residents of the
property.
5. The housing will operate
under a written community
engagement plan, approved by
the governing agency, board,
or official, which must address,
at a minimum: 1) how the
facility will engage with the
community; 2) how the facility
will respond to community
complaints or concerns; and, 3)
who is the point of contact for
the community. The plan shall
be provided to the city prior to
occupancy and shall be
updated and provided to the
city as substantive changes are
made to the plan.
6. Refer to
Chapter 19.125 FWRC,
Outdoors, Yards, and
Landscaping, for appropriate
requirements.
7. For sign requirements that
apply to the project, see
Chapter 19.140 FWRC.
8. For community design
guidelines that apply to the
project, see
Chapter 19.115 FWRC.
9. Maximum lot coverage is as
follows:
a. In RS 35.0 = 50%.
b. In RS 15.0 = 50%.
c. In RS 9.6 = 60%.
Ordinance No. 21- Page 13 of 98
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Maximums
Required Yards
RS
(Required
Required
ZONE
(Review
Lot
Lot
(Height of
Parking
USE REGULATIONS
]Process
Size
(Front
(each)
(each)
(Rear
Coverage
Structure
Spaces
SPECIAL REGULATIONS AND
NOTES
d. In RS 7.2 = 60%.
e. In RS 5.0 = 60%.
f. See FWRC 19.110.020(2) for
calculation of lot coverage for
flag lots.
10. The subject property must
contain at least 400 sq. ft. of
open space per dwelling unit.
This includes a minimum of 200
sq. ft. of private open space for
each unit and the remainder as
usable common open space.
Private open space may include
yards, patios, and balconies.
Type III landscaping 10 ft. in
width shall be provided along
all arterial rights -of -way. Said
landscaping shall be in a
separate tract and shall be
credited to the common open
space requirement. At least 10
percent of the public open
space must be developed and
maintained with children's play
equipment, except for housing
for the exclusive use of persons
over 55 years of age, in which
case the open space shall be
developed with age -
appropriate equipment. If the
subject property contains four
or more units, this required
public open space must be in
one or more pieces, each
having both a length and width
of at least 25 ft. In addition, if
the subject property contains
20 or more units, at least 50
percent of this required open
Ordinance No. 21- Page 14 of 98
USE ZONE CHART
(DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
(Minimums
Maximums
Required Yards
RS
Required
Required
ZONE
Review
'Lot
Lot
Height of
Parking
Process
Size
Front'Side
Qeach)
Rea
Coverage
Structure
Spaces
SPECIAL REGULATIONS AND
USE REGULATIONS
NOTES
space must be in one or more
pieces each having a length
and width of at least 40 ft
11. Parking spaces shall be
provided as follows:
Efficiency units — 1.0 per unit
+ 1 per 2 employees
Studio units — 1.25 per unit +
1 per 2 employees
One bedroom units — 1.5 per
unit + 1 per 2 employees
Units with two bedrooms or
more — 2.0 per unit + 1 per 2
employees
12. Alternatively, an applicant
may choose to submit a
parking study in accordance
with FWRC 19.130.080(2).
13. The housing will operate
under a written operational
plan that will include, at a
minimum, the following:
a. Residents must be
referred by providers of
housing and services for
people experiencing
homelessness. Direct
intake of residents at the
site, without prior
referral, is not allowed.
b. A description of transit,
pedestrian and bicycle
access from the subject
site to services and
schools must be
Ordh7ance No. 21- Page 15 of 98
USE ZONE CHART
(DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
(Minimums
Maximums
(Required Yards
RS
(Required
Required
ZONE
(Review
Lot
Lot
(Height of
Parking
(Process
:Size
IFrontieac
,Rear
Coverage
Structure
:Spaces
USE REGULATIONS
Qeach)
SPECIAL REGULATIONS AND
NOTES
provided to residents.
c. An operations plan must
be provided that
addresses the following
elements:
L Roles and
responsibilities
of key staff;
ii. Site/facility
management,
including a
security and
emergency
plan;
Ill. Site/facility
maintenance;
iv. Occupancy
policies,
consistent with
RCW 59.18,
including
resident
responsibilities
and a code of
conduct that
includes, at a
minimum, a
prohibition on
threatening
and unsafe
Ordinance No. 21- Page 16 of 98
USE ZONE CHART
(DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
iMinimums
Maximums
Required Yards
RS
(Required
Required
ZONE
(Review
(Lot
Lot
Height of
Parking
(Process
Size
(Front
Side
Rear
Coverage
Structure
Spaces
REGULATIONS AND
USE REGULATIONS
i(each)SPECIAL
NOTES
behavior; and,
the on -site use
and sale of
illegal drugs;
V. Access to
human and
social services,
including a
staffing plan
and expected
outcome
measures;
vi. Procedures for
maintaining
accurate and
complete
records.
d. Providers and/or
managing agencies shall
have either a
demonstrated
experience providing
similar services to people
experiencing
homelessness, and/or
certifications or
academic credentials in
an applicable human
service field, and/or
applicable experience in
a related program with
Ordinance No. 21- Page 17 of 98
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Maximums
Required Yards
RS
Required
Required
ZONE
Review
Lot
Lot
Height of
Parking
Process
Size
Front
Side
Rear
Coverage
Structure
Spaces
'USE REGULATIONS
(each)
SPECIAL REGULATIONS AND
NOTES
people experiencing
homelessness.
e. For health and safety
reasons, the sponsor
and/or managing agency
shall take all reasonable
and legal steps to obtain
verifiable identification
information, including
full name and date of
birth, from current and
prospective residents,
and shall keep a log
containing this
information.
f. Should the provider
become aware of a
current or prospective
resident who has an
active felony warrant, it
shall follow a protocol to
work with the
participant to resolve
any outstanding
warrants with applicable
legal authorities.
14. All facilities are required to be
licensed_ pursuant to the
provisions of FWRC 12.35.
Process I, II, III and IV are described in
For other information about
Ordinance No. 21- Page 18 of 98
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Maximums
Required Yards
RS
Required
Required
ZONE
Review
Lot
Lot
Height of
Parking
Process
Size
Front
Side
(each)
Rea
Coverage
Structure
Spaces
SPECIAL REGULATIONS AND
USE REGULATIONS
NOTES
Chapter 19.55 FWRC,
parking and parking areas, see
Chapter 19.60 FWRC,
Chapter 19.130 FWRC.
Chapter 19.65 FWRC,
Chapter 19.70 FWRC respectively.
For details of what may exceed
this height limit, see
FWRC 19.110.050 et seq.
For details regarding required
yards, see FWRC 19.125.160 et
seq.
Section 5. Chapter 19.205.080 of the Federal Way Revised Code is hereby amended to
read as follows:
19.205.080 Permanent supportive housing and transitional housing.
The following uses shall be permitted in the multifamily residential (RM) zone subject to the
regulations and notes set forth in this section:
_ USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums Maximums
Required Yards RM
Required Required ZONE
- Review Lot Lot Height of Parking
Process Size Front Side Rear Coverage Structure Spaces SPECIAL REGULATIONS AND
USE REGULATIONS i(each)NOTES
Permanent
Process
7,200
20
5 ft.
5
60%
In RM 3.6
See
1. Any proposed permanent
supportive housing
III
sq. ft.
ft.
ft.
and 2.4
Notes
supportive housing or
and transitional
zones, 30
10 and
transitional housing facility with
housing
See
ft. above
11
more than 2 units, or which
Note
average
brings the total number of
2
building
permanent supportive housing
elevation.
or transitional housing units on
In RM 1.8
the property to more than 3
Ordinance No. 2 1 - Page 19 of 98
_
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
_
Minimums
iMaximums
-
RM
Required Yards
-
Required
Required
ZONE
-
USE REGULATIONS
Review
Process
Lot
Size
Front'Side
(each)
Rear
Lot
'Coverage
Height of
Structure
Parking
Spaces
SPECIAL REGULATIONS AND
NOTES
zones, 35
units, must be distanced at
ft. above
least 1'/3 miles (7,040 ft.) from
average
any property with more than 3
building
units of permanent supportive
elevation
housing and/or transitional
housing, as measured from the
nearest points of each such
property.
2. There shall be no more than
50 residences located within a
single facility or complex; and,
the minimum amount of lot
area per dwelling is as follows:
a. In RM 3.6 zones, the
subject property must contain
at least 3,600 sq. ft. of lot area
per dwelling.
b. In RM 2.4 zones, the
subject property must contain
at least 2,400 sq. ft. of lot area
per dwelling.
c. In RM 1.8 zones, the
subject property must contain
at least 1,800 sq. ft. of lot area
per dwelling.
3. The property is situated
proximate to, and has
convenient access to, public
transportation, shopping,
health care providers, and other
services and facilities frequently
utilized by the residents of the
property.
4. The housing will be operated
under the authority of a
reputable governing board,
social service, or government
agency, or proprietor, to whom
staff are responsible and who
Ordinance No. 21- Page 20 of 98
_
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
_
Minimums
Maximums
-
RM
Required Yards
-
(Required
(Required
ZONE
-
USE REGULATIONS
(Review
(Process
Lot
Size
Front
Side
•(each)
Rear
Lot
Coverage
Height of
Structure
(Parking
'Spaces
SPECIAL REGULATIONS AND
NOTES
❑ ❑
will be available to city officials,
if necessary, to resolve
concerns pertaining to the
property or residents.
5. The housing will operate
under a written community
engagement plan, approved by
the governing agency, board,
or official, which must address,
at a minimum: 1) how the
facility will engage with the
community; 2) how the facility
will respond to community
complaints or concerns; and, 3)
who is the point of contact for
the community. The plan shall
be provided to the city prior to
occupancy and shall be
updated and provided to the
city as substantive changes are
made to the plan.
6. Refer to
Chapter 19.125 FWRC,
Outdoors, Yards, and
Landscaping, for appropriate
requirements.
7. For sign requirements that
apply to the project, see
Chapter 19.140 FWRC.
8. For community design
guidelines that apply to the
project, see
Chapter 19.115 FWRC.
9. The subject property must
contain at least 400 sq. ft. per
dwelling unit of usable open
space usable for many activities
and may include common open
Ordinance No. 21- Page 21 of 98
_
FUSE ZONE CHART
(DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
_
Minimums
Maximums
-
PM
Required Yards
Required
Required
ZONE
-
Review
Lot
Lot
(Height of
Parking
Process
Size
(Front
Side
Rear
Coverage
Structure
Spaces
:SPECIAL REGULATIONS AND
USE. REGULATIONS
(each)
(NOTES
spaces such as plazas,
recreation rooms, rooftop
terraces, p-patches, pools,
active lobbies, and atriums. A
minimum of 25 percent of the
usable open space provided
must be common open space.
Private open space such as a
patio, porch, balcony, or yard
may be credited toward total
residential usable open space, if
such private open space is a
minimum of 48 square feet and
has a minimum dimension of
six feet. At least 10 percent of
this required open space must
be developed and maintained
with children's play equipment.
If the subject property contains
four or more units, this
required open space must be in
one or more pieces each having
a length and width of at least
25 ft. In addition, if the subject
property contains 20 or more
units, at least 50 percent of this
required open space must be in
one or more pieces each having
a length and width of at least
40 ft.
10. Parking spaces shall be
provided as follows:
Efficiency units — 1.0 per unit
+ 1 per 2 employees
Studio units — 1.25 per unit +
1 per 2 employees
Ordinance No. 21- Page 22 of98
_
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
_
(Minimums
Maximums
-
RM
Required Yards
-
(Required
'Required
ZONE
-
USE REGULATIONS
(Review
(Process
Lot
;Size
Front
Side
(each)
Rear
Lot
'Coverage
Height of
Structure
Parking
'Spaces
SPECIAL REGULATIONS AND
NOTES
One bedroom units — 1.5 per
unit + 1 per 2 employees
Units with two bedrooms or
more — 2.0 per unit + 1 per 2
employees
11. Alternatively, an applicant
may choose to submit a
parking study in accordance
with FWRC 19.130.080(2).
12. The housing will operate
under a written operational
plan that will include, at a
minimum, the following:
a. Residents must be
referred by providers of
housing and services for
people experiencing
homelessness. Direct
intake of residents at the
site, without prior
referral, is not allowed.
b. A description of transit,
pedestrian and bicycle
access from the subject
site to services and
schools must be
provided to residents.
c. An operations plan must
be provided that
addresses the following
elements:
Ordinance No. 21- Page 23 of 98
_
'USE ZONE CHART
'DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
_
Minimums
Maximums
-
PM
Required Yards
-
Required
Required
ZONE
-
USE. REGULATIONS.
Review
Process
Lot
Size
Front
Side
(each)
Rear
Lot
Coverage
Height of
Structure
Parking
Spaces
:SPECIAL REGULATIONS AND
(NOTES
EI ❑
i. Roles and
responsibilities
of key staff;
li. Site/facility
management,
including a
security and
emergency
plan;
iii. Site/facility
maintenance;
iv. Occupancy
policies,
consistent with
RCW 59.18,
including
resident
responsibilities
and a code of
conduct that
includes, at a
minimum, a
prohibition on
threatening
and unsafe
behavior; and,
the on -site use
and sale of
illegal drugs;
V. Access to
Ordinance No. 21- Page 24 of 98
_
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
_
Minimums
Maximums
-
RM
Required Yards
-
Required
Required
ZONE
-
USE REGULATIONS
(Review
(Process
Lot
Size
IFront.Side
i(each)
IRearCoverageStructure
Lot
Height of
(Parking
:Spaces
SPECIAL REGULATIONS AND
NOTES
❑ ❑
human and
social services,
including a
staffing plan
and expected
outcome
measures;
vi. Procedures for
maintaining
accurate and
complete
records.
d. Providers and/or
managing agencies shall
have either a
demonstrated
experience providing
similar services to people
experiencing
homelessness, and/or
certifications or
academic credentials in
an applicable human
service field, and/or
applicable experience in
a related program with
people experiencing
homelessness.
e. For health and safety
reasons, the sponsor
and/or managing agency
Ordinance No. 21- Page 25 of 98
IUSE ZONE CHART
(DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
_
(Minimums
Maximums
-
RM
(Required Yards
-
Required
(Required
ZONE
-
USE REGULATIONS
Review
Process
Lot
'Size
Front
Side
(each)
Rear
Lot
Coverage
Height of
Structure
(Parking
'Spaces
;SPECIAL REGULATIONS AND
(NOTES
shall take all reasonable
and legal steps to obtain
verifiable identification
information, including
full name and date of
birth, from current and
prospective residents,
and shall keep a log
containing this
information.
f. Should the provider
become aware of a
current or prospective
resident who has an
active felony warrant, it
shall follow a protocol to
work with the
participant to resolve
any outstanding
warrants with applicable
legal authorities.
13. All facilities are re uired to be
licensed pursuant to the
provisions of FWRC 12.35.
For other information about
Process I, ll, III and IV are described in
parking and parking areas, see
Chapter 19.55 FWRC,
Chapter 19.130 FWRC.
Chapter 19.60 FWRC,
Chapter 19.65 FWRC,
Chapter 19.70 FWRC respectively.
For details of what may exceed
this height limit, see
FWRC 19.110.050 et seq.
Ordinance No. 21- Page 26 of 98
U.SE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
_
Minimums
Maximums
-
Required Yards
RM
-
Required
Required
ZONE
-
USE REGULATIONS
Review
Process
Lot
Size
Front53de
(each)
Rear
Lot
Coverage
Height of
Structure
Parking
Spaces
SPECIAL REGULATIONS AND
NOTES
For details regarding required
yards, see FWRC 19.125.160 et
seq.
Section 6. Chapter 19.215.070 of the Federal Way Revised Code is hereby amended to
read as follows:
19.215.070 Permanent supportive housing and transitional housing.
The following uses shall be permitted in the neighborhood business (BN) zone subject to the
regulations and notes set forth in this section:
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Maximums
Required Yards
BN
Required
Height
(Required
ZONE
Review
Lot
Lot
(Parking
USE REGULATIONS
Process
Size
Front
Side
(each)
Rea
Coverage
of
Structure
:Spaces
SPECIAL REGULATIONS AND NOTES
❑ ❑
Permanent
Process
See
20
5 ft.
5
None
See
See
1. Any proposed permanent
supportive housing
III
Note
ft.
ft.
Note 8
Notes
supportive housing or transitional
and transitional
2
10 and
housing facility with more than 2
housing
11
units, or which brings the total
number of permanent supportive
housing or transitional housing
units on the property to more than
3 units, must be distanced at least
1'/3 miles (7.040 ft.) from any
property with more than 3 units of
permanent supportive housing
and/or transitional housing, as
measured from the nearest points
of each such property.
2. There shall be no more than 50
Ordinance No. 21- Page 27 of 98
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use, .. THEN, across for REGULATIONS
(Minimums
Maximums
(Required Yards
BN
(Required
Height
Required
ZONE
(Review
(Lot
Lot
parking
USE REGULATIONS
(Process
'Size
(Front
Side
(each)
RearCoverage
of
Structure
Spaces
:SPECIAL REGULATIONS AND NOTES
residences located within a single
facility or complex; and, the subject
property must contain at least 2,400
sq. ft. of lot area per dwelling or
one acre for every 18 units.
3. The property is situated
proximate to, and has convenient
access to, public transportation,
shopping, health care providers,
and other services and facilities
frequently utilized by the residents
of the property.
4. The housing will be operated
under the authority of a reputable
governing board, social service, or
government agency, or proprietor,
to whom staff are responsible and
who will be available to city officials,
if necessary, to resolve, concerns
pertaining to the property or
residents.
5. The housing will operate under a
written community engagement
plan, approved by the governing
agency, board, or official, which
must address, at a minimum: 1) how
the facility will engage with the
community; 2) how the facility will
respond to community complaints
or concerns; and, 3) who is the
point of contact for the community.
The plan shall be provided to the
city prior to occupancy and shall be
updated and provided to the city as
substantive changes are made to
the plan.
6. For sign requirements that apply
to the project, see
Chapter 19.140 FWRC.
Ordinance No. 21- Page 28 of 98
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Maximums
Required Yards
BN
(Required
(Height
(Required
ZONE
(Review
Lot
(Side
Lot
of
,Parking
USE REGULATIONS
!Process
Size
Front
i(each)
Rear
Coverage
Structure
'Spaces
SPECIAL REGULATIONS AND NOTES
7. For community design guidelines
that apply to the project, see
Chapter 19.115 FWRC.
8. If any portion of the structure is
within 100 ft. of a single-family
residential zone, then that portion
of the structure shall not exceed 30
ft. above average building elevation
and the structure shall be set back a
minimum of 20 ft. from the
property line of the residential zone.
9. The subject property must
provide usable open space in a total
amount equal to at least 150 sq. ft.
per dwelling unit and may include
common open space such as
playgrounds, recreation rooms,
plazas, rooftop terraces, pools,
active lobbies, atriums, or other
areas the director deems
appropriate. A minimum of 25
percent of the usable open space
provided must be common open
space. Private open space such as a
patio, porch, balcony, or yard may
be credited toward total residential
usable open space, if such private
open space is a minimum of 48
square feet and has a minimum
dimension of six feet.
10. Parking spaces shall be provided
as follows:
Efficiency units — 1.0 per unit + 1
per 2 employees
Studio units — 1.25 per unit + 1
per 2 employees
One bedroom units — 1.5 per unit
+ 1 per 2 employees
Units with two bedrooms or
Ordinance No. 2 1 - Page 29 of 98
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Maximums
Required Yards
BN
Required
(Height
Required
ZONE
Review
Lot
Lot
Parking
Process
Size
Front
Side
i(each)
'Rear
Coverage
of
'Structure
'Spaces
SPECIAL REGULATIONS AND NOTES
USE REGULATIONS
more — 2.0 per unit + 1 per 2
employees
11. Alternatively, an applicant may
choose to submit a parking study in
accordance with FWRC
19.130.080(2).
12. The housing will operate under
a written operational plan that will
include, at a minimum, the
following:
a. Residents must be referred
by providers of housing and
services for people
experiencing homelessness.
Direct intake of residents at
the site, without prior
referral, is not allowed.
b. A description of transit,
pedestrian and bicycle access
from the subject site to
services and schools must be
provided to residents.
c. An operations plan must be
provided that addresses the
following elements:
i. Roles and
responsibilities
of key staff;
ii. Site/facility
management,
including a
Ordinance No. 2 1 -- Page 30 of 98
'USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
IMinimums
Maximums
Required Yards
BN
Required
(Height
Required
ZONE
Review
Lot
Lot
Parking
Process
Size
Front
Side
(each)
(Rear
Coverage
of
'Structure
Spaces
SPECIAL REGULATIONS AND NOTES
USE REGULATIONS
security and
emergency
plan;
iii. Site/facility
maintenance;
iv. Occupancy
policies,
consistent with
RCW 59.18,
including
resident
responsibilities
and a code of
conduct that
includes, at a
minimum, a
prohibition on
threatening
and unsafe
behavior; and,
the on -site use
and sale of
illegal drugs;
V. Access to
human and
social services,
including a
staffing plan
and expected
outcome
measures;
Ordinance No. 21- Page 31 of 98
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Maximums
(Required
Yards
I
BN
Required
Height
g
Required
ZONE
(Review
Lot
Lot
Parking
Parking
(Process
Size
(Front
Side
(each)
Rear
Coverage
of
Structure
SPECIAL REGULATIONS AND NOTES
USE REGULATIONS
❑ ❑
vi, Procedures for
maintaining
accurate and
complete
records.
d. Providers and/or managing
agencies shall have either a
demonstrated experience
providing similar services to
people experiencing
homelessness, and/or
certifications or academic
credentials in an applicable
human service field, and/or
applicable experience in a
related program with people
experiencing homelessness.
e. For health and safety
reasons, the sponsor and/or
managing agency shall take
all reasonable and legal steps
to obtain verifiable
identification information,
including full name and date
of birth, from current and
prospective residents, and
shall keep a log containing
this information.
f. Should the provider become
aware of a current or
prospective resident who has
Ordinance No. 2 1 -- Page 32 of 98
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
(Maximums
(Required Yards
BN
(Required
(Height
Required
ZONE
(Review
Lot
Lot
Parking
(Process
Size
(Front
Side
(each)
RearCoverageof
Structure
Spaces
SPECIAL REGULATIONS AND NOTES
USE REGULATIONS
an active felony warrant, it
shall follow a protocol to
work with the participant to
resolve any outstanding
warrants with applicable legal
authorities.
13. All facilities are required to be
licensed pursuant to the provisions of
FWRC 12.35.
For other information about parking
Process I, II, III and IV are described in
and parking areas, see
Chapter 19.55 FWRC,
Chapter 19.130 FWRC.
Chapter 19.60 FWRC,
Chapter 19.65 FWRC,
Chapter 19.70 FWRC respectively.
For details of what may exceed this
height limit, see
FWRC 19.110.050 et seq.
For details regarding required
yards, see FWRC 19.125.160 et seq.
Section 7. Chapter 19.220.100 of the Federal Way Revised Code is hereby amended to
read as follows:
19.220.100 Permanent supportive housing and transitional housing.
The following uses shall be permitted in the community business (BC) zone subject to the
regulations and notes set forth in this section:
Ordinance No. 21- Page 33 of 98
iUSE ZONE CHART
(DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
(Maximums
Required Yards
BC
(Required
(Required
ZONE
(Review
Lot
Lot
Height of
(Parking
(Process
Size
Front
Side
(each)
;Rear
Coverage
Structure
'Spaces
SPECIAL REGULATIONS AND NOTES
USE REGULATIONS
Permanent
Process
None
0/20
10/2010/20
None
55 ft.
See
1. Any proposed permanent
supportive housing
III
above
Notes
supportive housing or transitional
and transitional
average
14 and
housing facility with more than 2
housing
building
15
units, or which brings the total
elevation
number of permanent supportive
(ABE)
housing or transitional housing units
on the property to more than 3
See
units, must be distanced at least 11/3
notes 9
miles (7,040 ft.) from any property
and 10
with more than 3 units of permanent
supportive housing and/or
transitional housing, as measured
from the nearest points of each such
property.
2. There shall be no more than 50
residences located within a single
facility or complex.
3. The property is situated proximate
to, and has convenient access to
public transportation, shopping,
health care providers, and other
services and facilities frequently
utilized by the residents of the
property.
4. The facility or complex will be
operated under the authority of a
reputable governing board, social
service, or government agency, or
proprietor, to whom staff are
responsible and who will be
available to city officials, if necessary,
to resolve concerns pertaining to the
property or residents.
5. The housing will operate under a
written community engagement
plan, approved by the governing
agency, board, or official, which
must address, at a minimum: 1) how
the facility will engage with the
Ordinance No. 21- Page 34 of 98
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
(Maximums
(Required Yards
BC
Required
Required
ZONE
Review
Lot
Lot
Height of
(Parking
Process
Size
Front
Side
(each)
Rear
Coverage
Structure
'Spaces
SPECIAL REGULATIONS AND NOTES
USE REGULATIONS
community; 2) how the facility will
respond to community complaints
or concerns; and, 3) who is the point
of contact for the community. The
plan shall be provided to the city
prior to occupancy and shall be
updated and provided to the city as
substantive changes are made to the
plan.
6. Refer to Chapter 19.125 FWRC,
Outdoors, Yards, and Landscaping,
for appropriate requirements.
7. For sign requirements that apply
to the project, see
Chapter 19.140• FWRC.
8. For community design guidelines
that apply to the project, see
Chapter 19.115 FWRC.
9. Building height may not exceed
30 ft. above average building
elevation for the portion of the
building located within 100 ft. from a
single-family residential zone.
10. All buildings except for related
parking structures up to 65 ft. in
height (six stories), must be gabled
with pitched roofs, unless the
building is taller than 35 ft. (three
stories) with a rooftop that
contributes to the multifamily open
space requirements.
11. Housing and accessory living
facilities may be located on the
ground floor only as follows: (a)
ground level space that spans at
least 60 percent of the total length
of the principal commercial facade
of all buildings, as determined by
the director, is occupied with one or
Ordinance No. 21- Page 35 of 98
USE ZONE CHART
(DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
IMinimums
IMaximums
Required Yards
BC
(Required
Required
ZONE
(Review
!Lot
Lot
Height of
Parking
(Process
'Size
Front
Side
(each)
IRear
Coverage
Structure
Spaces
SPECIAL REGULATIONS AND NOTES
USE REGULATIONS
❑ ❑
more other use(s) allowed in this
zone; and (b) ground level space
that spans at least 40 percent of the
total length of all other street -facing
facades of all buildings is occupied
with one or more other use(s)
allowed in this zone. Parking in
conjunction with other uses allowed
in this zone may also be located on
the ground floor of the structure if
non -visible from the right-of-way or
public areas.
12. All nonresidential ground floor
spaces must have a minimum floor -
to -ceiling height of 13 ft. and a
minimum depth of 15 ft.
13. The subject property must
provide usable open space in a total
amount equal to at least 150 sq. ft.
per dwelling unit, and may include
private spaces such as yards, patios,
and balconies, as well as common
areas such as playgrounds,
recreation rooms, plazas, rooftop
terraces, pools, active lobbies,
atriums, or other areas the director
deems appropriate. A minimum of
25 percent of the usable open space
provided must be common open
space. Private open space such as a
patio, porch, balcony, or yard may
be credited toward total residential
usable open space, if such private
open space is a minimum of 48
square feet and has a minimum
dimension of six feet.
14. Parking spaces shall be provided
as follows:
Efficiency units — 1.0 per unit + 1
Ordinance No. 2 1 -_ Page 36 of 98
(USE
ZONE CHART
IDIRECTIONS:
FIRST, read down to find use ... THEN, across for REGULATIONS
IMinimums
(Maximums
Required Yards
BC
Required
Required
ZONE
Review
Lot
-Lot
(Height of
Parking
Process
.Size
Front
Side
(each)
,Rear
Coverage
Structure
Spaces
SPECIAL REGULATIONS AND NOTES
USE REGULATIONS
per 2 employees
Studio units —1.25 per unit + 1
per 2 employees
One bedroom units — 1.5 per unit
+ 1 per 2 employees
Units with two bedrooms or more
— 2.0 per unit + 1 per 2 employees
15. Alternatively, an applicant may
choose to submit a parking study in
accordance with FWRC
19.130.080(2).
16. The housing will operate under a
written operational plan that will
include, at a minimum, the following:
a. Residents must be referred
by providers of housing and
services for people
experiencing homelessness.
Direct intake of residents at
the site, without prior
referral, is not allowed.
b. A description of transit,
pedestrian and bicycle
access from the subject site
to services and schools
must be provided to
residents.
c. An operations plan must be
provided that addresses the
following elements:
i. Roles and
responsibilities
Ordinance No. 21- Page 37 of 98
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Maximums
(Required Yards
BC
Required
Required
ZONE
Review
Lot
Lot
Height of
Parking
Process
Size
(Front
Side
i(each)SPECIAL
Rear
Coverage
Structure
Spaces
REGULATIONS AND NOTES
USE REGULATIONS
of key staff,
ii. Site/facility
management,
including a
security and
emergency
plan;
iii. Site/facility
maintenance;
iv. Occupancy
policies,
consistent with
RCW 59.18,
including
resident
responsibilities
and a code of
conduct that
includes, at a
minimum, a
prohibition on
threatening
and unsafe
behavior; and,
the on -site use
and sale of
illegal drugs;
V. Access to
human and
social services,
including a
Ordinance No. 21- Page 38 of 98
(USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Maximums
(Required Yards
BC
Required
Required
ZONE
Review
Lot
Lot
Height of
Parking
Process
Size
IFront'
de
(each)
Qeach)
Rear
Coverage
Structure
Spaces
'SPECIAL REGULATIONS AND NOTES
USE REGULATIONS
staffing plan
and expected
outcome
measures;
vi. Procedures for
maintaining
accurate and
complete
records.
d. Providers and/or managing
agencies shall have either a
demonstrated experience
providing similar services to
people experiencing
homelessness, and/or
certifications or academic
credentials in an applicable
human service field, and/or
applicable experience in a
related program with
people experiencing
homelessness.
e. For health and safety
reasons, the sponsor and/or
managing agency shall take
all reasonable and legal
steps to obtain verifiable
identification information,
including full name and
date of birth, from current
and prospective residents,
Ordinance No. 21- Page 39 of 98
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
(Minimums
Maximums
Required Yards
BC
Required
Required
ZONE
Review
Lot
Lot
(Height of
(Parking
Process
Size
Front
Side
(each)
Rear
Coverage'Structure
'Spaces
SPECIAL REGULATIONS AND NOTES
USE REGULATIONS
and shall keep a log
containing this information.
f. Should the provider
become aware of a current
or prospective resident who
has an active felony warrant,
it shall follow a protocol to
work with the participant to
resolve any outstanding
warrants with applicable
legal authorities.
17. All facilities are required to be
licensed pursuant to the provisions of
FWRC 12.35.
For other information about parking
Process I, 11, III and IV are described in
and parking areas, see
Chapter 19.55 FWRC,
Chapter 19.130 FWRC.
Chapter 19.60 FWRC,
Chapter 19.65 FWRC,
Chapter 19.70 FWRC respectively.
For details of what may exceed this
height limit, see FWRC 19.110.050 et
seq.
For details regarding required yards,
see FWRC 19.125.160 et seq.
Section S. Chapter 19.220.105 of the Federal Way Revised Code is hereby amended to
read as follows:
19.220.105 Emergency housing and shelter.
The following uses shall be permitted in the community business (BC) zone subject to the
regulations and notes set forth in this section:
Ordinance No. 21- Page 40 of 98
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use.. . THEN, across for REGULATIONS
Minimums
BC
(Required Yards
Required
Height of
(Required
ZONE
Review
Lot
Side
Structure
Parking
Process
Size
(Front
Rear
'Spaces
SPECIAL REGULATIONS AND
USE REGULATIONS
(each)
NOTES
Emergency housing
Process
None
5 ft.
See notes 1
45 ft.
See
1. Minimum side and rear yards
and shelter
III
and 2
above
Notes
shall be 20 feet adjacent to
average
13 and
residential zones and 5 ft.
Except ft.
building
14
adjacent to all other zones.
along single-
elevation
2. The city may permit these
family
(AABE)
uses only if:
residential
to 55 ft.
a. The proposed emergency
zones
AABE
housing and shelter is
See Note 10
distanced at least 1,000 ft.
See
from:
Notes 6
i. any other
and 7
emergency
housing and
shelter, or
ii. public
schools,
as measured from the nearest
points of each such property.
b. The facility and program
secures and maintains all
licenses and/or approvals as
required by the state.
c. The property is situated
proximate to, and has
convenient access to, public
transportation, shopping,
health care providers, and
other services and facilities
frequently utilized by the
residents of the property.
d. The program will be
operated under the authority of
a reputable governing board,
social service, or government
agency, or proprietor, to whom
staff are responsible and who
will be available to city officials,
if necessary, to resolve
concerns pertaining to the
Ordinance No. 21- Page 41 of 98
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
BC
(Required Yards
(Required
Height of
Required
ZONE
;Review
Lot
Side
Structure
Parking
iProcess
Size
(Front
(each)
Rear
:Spaces
SPECIAL REGULATIONS AND
USE REGULATIONS
NOTES
facility.
e. The facility will have
staffing, supervision, and
security arrangements
appropriate to the number of
residents and to its hours of
operation.
f. The facility will not create
unreasonable impacts on
traffic, public utilities and
services or on nearby
residences.
g. The facility is in
compliance with applicable
health, fire, building, and safety
requirements.
h. The housing will operate
under a written community
engagement plan, approved by
the governing agency, board,
or official, which must address,
at a minimum: 1) how the
facility will engage with the
community; 2) how the facility
will respond to community
complaints or concerns; and, 3)
who is the point of contact for
the community. The plan shall
be provided to the city prior to
occupancy and shall be
updated and provided to the
city as substantive changes are
made to the plan.
3. The city will determine the
maximum number of residents
and the number of dwelling
units or occupancy rooms or
suites permitted in a stand-
alone development based on
Ordinance No. 21- Page 42 of 98
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use. THEN, across for REGULATIONS
Minimums
BC
(Required Yards
Required
(Height of
Required
ZONE
Review
Lot
Side
:Structure
Parking
Process
Size
(Front
Rear
aces
Spaces
SPECIAL REGULATIONS AND
USE REGULATIONS
(each)
NOTES
the following criteria:
a. The specific nature of the
occupancy and the persons
that will be housed in the
proposed development.
b. The size of the dwelling
units or occupancy rooms or
suites and the specific
configuration of the facilities
within these units, rooms, or
suites.
c. The impacts on nearby
residential uses of the
proposed development.
d. The architecture, site
design, and other design
features of the proposed
development.
4. A minimum of one unit and
no more than five percent of
the total dwelling units in a
mixed -use development may
be social services transitional
housing.
5. Floor area requirements,
minimum sleeping areas, and
bathroom facilities will be
determined on a case -by -case
basis.
6. If approved by the director
of community development,
the height of a structure may
exceed 40 ft. above average
building elevation (AABE), to a
maximum of 55 ft. AABE and
four floors, if all of the
following criteria are met:
a. The increased height is
necessary to accommodate the
Ordinance No. 21- Page 43 of 98
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use. THEN, across for REGULATIONS
Minimums
BC
Required Yards
Required
Height of
Required
ZONE
Review
Lot
Side
.Structure
Parking
Process
Size
Front (each)
Rear
S P aces
SPECIAL REGULATIONS AND
USE REGULATIONS
NOTES
structural, equipment, or
operational needs of the use
conducted in the building,
and/or all ground floor spaces
have a minimum floor -to -
ceiling height of 13 ft. and a
minimum depth of 15 ft.;
b. Height also complies with
note 7;
c. Height over 40 ft. is set
back from nonresidential zones
by one additional ft. for each
one ft. of height over 40 ft.; and
d. Rooflines are designed to
avoid a predominantly flat and
featureless appearance through
variations in roof height, forms,
angles, and materials.
7. Building height may not
exceed 30 ft. AABE when
located within 100 ft. of a
single-family residential zone.
Process I, II, III and IV are described in
For other information about
Chapter 19.55 FWRC,
parking and parking areas, see
Chapter 19.60 FWRC,
Chapter 19.130 FWRC.
Chapter 19.65 FWRC,
Chapter 19.70 FWRC respectively.
For details of what may exceed
this height limit, see
FWRC 19.110.050 et seq.
For details regarding required
yards, see FWRC 19.125.160 et
seq.
19.220.105 Emergency hafising and shelter. (Continued)
Ordinance No. 21- Page 44 of 98
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
IMinimums
(Required Yards
BC
Required
Height
Required
ZONE
Review
Lot
Side
of
Parking Spaces
USE REGULATIONS
Process
Size
Front'
i(each)SPECIAL
Rear
Structure
REGULATIONS AND NOTES
8. No maximum lot coverage is
established. Instead, the buildable
area will be determined by other
site development requirements, i.e.,
required buffers, parking lot
landscaping, surface water facilities,
etc.
9. For community design guidelines
that apply to the project, see
Chapter 19.115 FWRC.
10. For landscaping requirements
that apply to the project, see
Chapter 19.125 FWRC.
11. For sign requirements that apply
to the project, see
Chapter 19.140 FWRC.
12. Refer to Chapter 19.265 FWRC
to determine what other provisions
of this title may apply to the subject
property.
13. Parking spaces shall be provided
as follows:
Efficiency units — 1.0 per unit + 1
per 2 employees
Studio units — 1.25 per unit + 1
per 2 employees
One bedroom units — 1.5 per unit
+ 1 per 2 employees
Units with two bedrooms or
more — 2.0 per unit + 1 per 2
employees
14. Alternatively, an applicant may
choose to submit a parking study in
accordance with FWRC
19.130.080(2).
15. The housing will operate under
a written operational plan that will
include, at a minimum, the
Ordinance No. 21- Page 45 of 98
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
IMinimums
Required
Yards
$C
Required
Height
(Required
ZONE
Review
Lot
of
(Parking Spaces
Process
Size
Front
.Side
(each)
Rea
Structure
SPECIAL REGULATIONS AND NOTES
USE REGULATIONS
following:
a. Residents must be referred
by providers of housing and
services for people
experiencing homelessness.
Direct intake of residents at
the site, without prior
referral, is not allowed.
b. A description of transit,
pedestrian and bicycle access
from the subject site to
services and schools must be
provided to residents.
c. An operations plan must be
provided that addresses the
following elements:
i. Roles and
responsibilities
of key staff;
ii. Site/facility
management,
including a
security and
emergency
plan;
iii. Site/facility
maintenance;
iv. Occupancy
policies,
Ordinance No. 21- Page 46 of 98
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
(Required Yards
BC
Required
Height
Required
ZONE
Review
Lot
Side
of
Parking Spaces
Process
Size
(Front'
i(each)SPECIAL
Rear
Structure
REGULATIONS AND NOTES
USE REGULATIONS
consistent with
RCW 59.18,
including
resident
responsibilities
and a code of
conduct that
includes, at a
minimum, a
prohibition on
threatening
and unsafe
behavior; and,
the on -site use
and sale of
illegal drugs;
v_ Access to
human and
social services,
including a
staffing plan
and expected
outcome
measures;
vi. Procedures for
maintaining
accurate and
complete
records.
d. Providers and/or managing
agencies shall have either a
Ordinance No. 21- Page 47 of 98
USE ZONE CHART
(DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
;Minimums
Required
Yards
BC
Required
(Height
Required
ZONE
(Review
Lot
Side
10f
Parking Spaces
USE REGULATIONS
Process
Size
Front
(each)
Rea
.Structure
SPECIAL REGULATIONS AND NOTES
demonstrated experience
providing similar services to
people experiencing
homelessness, and/or
certifications or academic
credentials in an applicable
human service field, and/or
applicable experience in a
related program with people
experiencing homelessness.
e. For health and safety
reasons, the sponsor and/or
managing agency shall take
all reasonable and legal steps
to obtain verifiable
identification information,
including full name and date
of birth, from current and
prospective residents, and
shall keep a log containing
this information.
f. Should the provider become
aware of a current or
prospective resident who has
an active felony warrant, it
shall follow a protocol to
work with the participant to
resolve any outstanding
warrants with applicable legal
authorities.
16. All facilities are required to be
licensed pursuant to the provisions of
Ordinance No. 21- Page 48 of 98
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use.. . THEN, across for REGULATIONS
Minimums
Required Yards BC
Required Height Required ZONE
Review Lot Side of Parking Spaces
Process Size Front IRea Structure
USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES
FWRC 12.35, unless operated as a
result of inclement weather, natural
disaster, or similar event.
Process I, II, III and IV are described
in
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
Chapter 19.65 FWRC,
Chapter 19.70 FWRC respectively.
For other information about parking
and parking areas, see
Chapter 19.130 FWRC.
For details of what may exceed this
height limit, see
FWRC 19.110.050 et seq.
For details regarding required
yards, see FWRC 19.125.160 et seq.
Section 9. Chapter 19.225.055 of the Federal Way Revised Code is hereby amended to
read as follows:
19.225.055 Emergency housing and shelter.
The following uses shall be permitted in the City Center Core (CC-C) zone subject to the
regulations and notes set forth in this section:
USE ZONE CHART
DIRECTIONS: FIRST, read down to
find use
... THEN, across for REGULATIONS
Minimums
Lot
Size
(Required Yards
USE REGULATIONS
Required
Review
Process
Height
of
Structure
Required
Parking
Spaces
CC-C
ZONE
REGULATIONS AND NOTES
Front
Side Rear
i(each)SPECIAL
Process
None
20
5 ft.
70 ft.
See
1. Minimum side and rear yards shall be
Emergency
housing and
III
ft.
Notes
20 feet along residential zones and 5 ft.
shelter
or
11 and
along all other zones.
Ordinance No. 21- Page 49 of 98
IUSE ZONE
CHART
(DIRECTIONS:
FIRST,
read down to
find use
... THEN,
across for REGULATIONS
IMinimums
Required Yards
Required
CC-C
Required
(Required
ZONE
Review
ILot
of
(Parking
USE REGULATIONS
Process
:Size
Front
Side
(each)
Rear
Structure
Spaces
SPECIAL REGULATIONS AND NOTES
12
2. The city may permit these uses only if:
200 ft.
a. The proposed emergency housing
and shelter is distanced at least 1,000 ft.
See
from:
Note 5
i. any other emergency
housing and shelter, or
ii. public schools,
as measured from the nearest points of
each such property.
b. The facility and program secures
and maintains all licenses and/or
approvals as required by the state.
c. The property is situated proximate
to, and has convenient access to, public
transportation, shopping, health care
providers, and other services and facilities
frequently utilized by the residents of the
property.
d. The program will be operated under
the authority of a reputable governing
board, social service, or government
agency, or proprietor, to whom staff are
responsible and who will be available to
city officials, if necessary, to resolve
concerns pertaining to the facility.
e. The facility will have staffing,
supervision, and security arrangements
appropriate to the number of residents
and to its hours of operation.
f. The facility will not create
unreasonable impacts on traffic, public
utilities and services or on nearby
residences.
g. The facility is in compliance with
applicable health, fire, building, and
safety requirements.
h. The housing will operate under a
written community engagement plan,
approved by the governing agency,
Ordinance No. 21- Page 50 of 98
USE ZONE
CHART
DIRECTIONS:
FIRST,
read down to
find use
... THEN,
across for REGULATIONS
Minimums
(Required Yards
CC-C
Required
Height
Required
ZONE
Review
Lot
of
Parking
Process
Size
Front'.5ide
i(each)
Rear
Structure
Spaces
SPECIAL REGULATIONS AND NOTES
USE REGULATIONS
❑ ❑
board, or official, which must address, at
a minimum: 1) how the facility will
engage with the community; 2) how the
facility will respond to community
complaints or concerns; and, 3) who is
the point of contact for the community.
The plan shall be provided to the city
prior to occupancy and shall be updated
and provided to the city as substantive
changes are made to the plan.
3. The city will determine the maximum
number of residents and the number of
dwelling units or occupancy rooms or
suites permitted in a stand-alone
development based on the following
criteria:
a. The specific nature of the occupancy
and the persons that will be housed in
the proposed development.
b. The size of the dwelling units or
occupancy rooms or suites and the
specific configuration of the facilities
within these units, rooms, or suites.
c. The impacts on nearby residential
uses of the proposed development.
d. The architecture, site design, and
other design features of the proposed
development.
4.. Floor area requirements, minimum
sleeping areas, and bathroom facilities
will be determined on a case -by -case
basis.
5. Building height may be increased from
the permitted outright height of 70 ft. to
200 ft. in exchange for providing publicly
visible streetscape amenities, as defined
in FWRC 19.05.190, along the right-of-
way; the siting and design of which shall
be approved by the director.
Ordinance No. 21- Page 51 of98
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Required Yards
CC-C
Required
Height
Required
ZONE
Review
Lot
of
Parking
USE REGULATIONS
Process
Size
Front
Side
(each)
Rear
Structure
Spaces
SPECIAL REGULATIONS AND NOTES
Process I, II, III and IV are described in
For other information about parking and
Chapter 19.55 FWRC,
parking areas, see Chapter 19.130 FWRC.
Chapter 19.60 FWRC,
Chapter 19.65 FWRC,
Chapter 19.70 FWRC respectively.
For details of what may exceed this
height limit, see FWRC 19.110.050 et seq.
For details regarding required yards, see
FWRC 19.125.160 et seq.
19.225.055 Emergency housing shelter. (Continued)
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
(Minimums
Required
Yards
CC-C
Required
'Height
(Required
ZONE
Review
Lot
of
(Parking
USE REGULATIONS
Process
Size
(Front
Side
(each)
Rea r'Structure'Spaces
SPECIAL REGULATIONS AND NOTES
❑ ❑
6. No maximum lot coverage is established.
Instead, the buildable area will be determined
by other site development requirements, i.e.,
required buffers, parking lot landscaping,
surface water facilities, etc.
7. For community design guidelines that apply
to the project, see Chapter 19.115 FWRC.
8. For landscaping requirements that apply to
the project, see Chapter 19.125 FWRC.
9. For sign requirements that apply to the
project, see Chapter 19.140 FWRC.
10. Refer to Chapter 19.265 FWRC to determine
what other provisions of this title may apply to
the subject property.
11. Parking spaces shall be provided as follows:
Efficiency units — 1.0 per unit + 1 per 2
employees
Ordinance No. 21- Page 52 of 98
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
IMinimums
(Required
Yards
CC-C
Required
Height
Required
ZONE
Review
(Lot
Hof
Parking
Process
Size
Front
Side
(each)
Rear
Structure'Spaces
SPECIAL REGULATIONS AND NOTES
USE REGULATIONS
Studio units — 1.25 per unit + 1 per 2
employees
One bedroom units — 1.5 per unit + 1 per 2
employees
Units with two bedrooms or more — 2.0 per
unit+ 1 per 2 employees
12. Alternatively, an applicant may choose to
submit a parking study in accordance with
FWRC 19.130.080(2).
13. The housing will operate under a written
operational plan that will include, at a
minimum, the following:
a. Residents must be referred by providers
of housing and services for people
experiencing homelessness. Direct intake
of residents at the site, without prior
referral, is not allowed.
b. A description of transit, pedestrian and
bicycle access from the subject site to
services and schools must be provided to
residents.
c. An operations plan must be provided that
addresses the following elements:
i. Roles and
responsibilities of
key staff;
iL Site/facility
management,
including a
security and
emergency plan;
Ordinance No. 21 _ Page 53 of 98
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Required
Yards
CC-C
Required
Height
Required
ZONE
Review
Lot
of
Parking
Process
Size
Front
'Side
i(each)
(Rear
Structure
Spaces
SPECIAL REGULATIONS AND NOTES
USE REGULATIONS
lii. Site/facility
maintenance;
iv. Occupancy
policies,
consistent with
RCW 59.18,
including resident
responsibilities
and a code of
conduct that
includes, at a
minimum, a
prohibition on
threatening and
unsafe behavior;
and, the on -site
use and sale of
illegal drugs;
V. Access to human
and social
services, including
a staffing plan and
expected outcome
measures;
vi. Procedures for
maintaining
accurate and
complete records.
d. Providers and/or managing agencies shall
have either a demonstrated experience
Ordinance No. 21- Page 54 of 98
USE ZONE CHART
(DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
IMinimums
Required Yards CC-C
Required Height Required ZONE
Review Lot of Parking
Process Size Front' Side (Rear Structure Spaces
USE REGULATIONS i(each) SPECIAL REGULATIONS AND NOTES
Process I, II, III and IV are described
in
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
Chapter 19.65 FWRC,
Chapter 19.70 FWRC respectively_
providing similar services to people
experiencing homelessness, and/or
certifications or academic credentials in
an applicable human service field, and/or
applicable experience in a related
program with people experiencing
homelessness.
e. For health and safety reasons, the
sponsor and/or managing agency shall
take all reasonable and legal steps to
obtain verifiable identification
information, including full name and date
of birth, from current and prospective
residents, and shall keep a log containing
this information.
f. Should the provider become aware of a
current or prospective resident who has
an active felony warrant, it shall follow a
protocol to work with the participant to
resolve any outstanding warrants with
applicable legal authorities.
14. All facilities are required to be licensed
pursuant to the provisions of FWRC 1235, unless
operated as a result of inclement weather, natural
disaster, or similar event.
For other information about parking and
parking areas, see Chapter 19.130 FWRC.
For details of what may exceed this height
limit, see FWRC 19.110.050 et seq.
Ordinance No. 2 1 - Page 55 of 98
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Required Yards CC-C
Required Height Required ZONE
Review Lot of Parking
Process Size Front Side Rear Structure Spaces
USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES
For details regarding required yards, see
FWRC 19.125.160 et seq.
Section 10. Chapter 19.225.075 of the Federal Way Revised Code is hereby amended to
read as follows:
19.225.075 Permanent supportive housing and transitional housing.
The following uses shall be permitted in the City Center Core (CC-C) zone subject to the
regulations and notes set forth in this section:
USE ZONE CHART
(DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
iMaximums
Required Yards
CC-C
(Required
Height
Required
ZONE
(Review
Lot
(Lot
Parking
(Process
Size
Front
Side
(each)
Rea
Coverage
of
Structure
Spaces
SPECIAL REGULATIONS AND NOTES
USE REGULATIONS
Permanent
Process
None
10 feet
None
70 ft.
See
1. Any proposed permanent
supportive housing
III
or
Notes
supportive housing or transitional
and transitional
200 ft.
16 and
housing facility with more than 2
housing
17
units, or which brings the total
See
number of permanent supportive
Notes
housing or transitional housing
11 and
units on the property to more than
12
3 units, must be distanced at least
11/3 miles (7,040 ft.) from any
property with more than 3 units of
permanent supportive housing
and/or transitional housing, as
measured from the nearest points
of each such property.
2. There shall be no more than 110
residences located within a single
Ordinance No. 21- Page 56 of'98
(USE ZONE CHART
(DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Maximums
Required
Yards
CC-C
Required
IHeight
Required
ZONE
Review
Lot
Side
Lot
of
Parking
USE REGULATIONS
Process
Size
Front
{each}
Rear
Coverage,
Structure
Spaces
SPECIAL REGULATIONS AND NOTES
facility or complex.
3. The property is situated
proximate to, and has convenient
access to, public transportation,
shopping, health care providers,
and other services and facilities
frequently utilized by the residents
of the property.
4. The facility or complex will be
operated under the authority of a
reputable governing board, social
service, or government agency, or
proprietor, to whom staff are
responsible and who will be
available to city officials, if
necessary, to resolve concerns
pertaining to the property or
residents.
5. The housing will operate under a
written community engagement
plan, approved by the governing
agency, board, or official, which
must address, at a minimum: 1) how
the facility will engage with the
community; 2) how the facility will
respond to community complaints
or concerns; and, 3) who is the
point of contact for the community.
The plan shall be provided to the
city prior to occupancy and shall be
updated and provided to the city as
substantive changes are made to
the plan.
6. Refer to Chapter 19.125 FWRC,
Outdoors, Yards, and Landscaping,
for appropriate requirements.
7. For sign requirements that apply
to the project, see
Chapter 19.140 FWRC.
Ordinance No. 21- Page 57 of 98
USE ZONE
CHART
DIRECTIONS:
FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Maximums
Required Yards
CC-C
Required
Height
(Required
ZONE
Review
Lot
Side
Lot
of
(Parking
Process
Size
Front
(each)
Rear
Coverage
:Structure
Spaces
SPECIAL REGULATIONS AND NOTES
USE REGULATIONS
8. For community design guidelines
that apply to the project, see
Chapter 19.115 FWRC.
9. Where the building is located
near right-of-way, the ground floor
must consist of non-residential
space(s) with a minimum floor -to -
ceiling height of 13 ft.; or,
residential spaces that contribute an
active presence to the streetscape.
10. Primary building entries to
residential, retail, or parking must
face an arterial street with no
multifamily residential ground -floor
parking visible from arterial streets.
11. All buildings, except for related
parking structures up to 65 ft. in
height (six stories), must be gabled
with pitched roofs, unless the
building is taller than 35 ft. (three
stories) with a rooftop that
contributes to the multifamily open
space requirements.
12. Building height may be
increased from the permitted
outright height of 70 ft. to 200 ft. in
exchange for providing publicly
visible streetscape amenities, as
defined in FWRC 19.05.190, along
the right-of-way; the siting and
design of which shall be approved
by the director.
13. The subject property must
provide usable open space in a total
amount equal to at least 100 sq. ft.
per dwelling unit and may include
private open spaces such as yards,
patios, and balconies; as well as
common open spaces such as
Ordinance No. 21- Page 58 of 98
USE ZONE CHART
(DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Maximums
(Required Yards
CC-C
Required
Height
Required
ZONE
Review
'Lot
Lot
Parking
USE REGULATIONS
Process
;Size
Front
Side
(each)
RearlCoverageof
Structure
Spaces
SPECIAL REGULATIONS AND NOTES
plazas, playgrounds, recreation
rooms, rooftop terraces, p-patches,
pools, active lobbies, and atriums. A
minimum of 25 percent of the
usable open space provided must
be common open space. All eligible
usable open space shall also meet
the requirements specified in
FWRC 19.115.115. A fee -in -lieu
payment may be utilized for up to
50 percent of the usable open
space as specified in
FWRC 19.115.115.
14. Any common open space
requirements may be reduced at
the discretion of the director, if an
open space study documents that
less common open space will be
adequate to serve the needs of the
residents.
15. Surface parking areas must be
located so that they are not visible
from arterials or pedestrian
oriented walkways. When
determined by the director or
designee that such requirement is
not feasible, surface parking may be
screened from public view by a
compact evergreen hedge, a solid
wall or fence, or in a manner
approved by the community
development director or designee.
16. Parking spaces shall be provided
as follows:
Efficiency units — 1.0 per unit + 1
per 2 employees
Studio units — 1.25 per unit + 1
Ordinance No. 21- Page 59 of '98
IUSE ZONE CHART
(DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
IMinimums
Maximums
Required Yards
CC-C
Required
Height
Required
ZONE
Review
(Lot
Lot
Parking
Process
;Size
Front
Side
(each)
RearCoverageof
Structure
Spaces
SPECIAL REGULATIONS AND NOTES
USE REGULATIONS
per 2 employees
One bedroom units — 1.5 per unit
+ 1 per 2 employees
Units with two bedrooms or
more — 2.0 per unit + 1 per 2
employees
17. Alternatively, an applicant may
choose to submit a parking study in
accordance with FWRC
19.130.080(2).
18. The housing will operate under
a written operational plan that will
include, at a minimum, the
following:
a. Residents must be referred
by providers of housing and
services for people
experiencing homelessness.
Direct intake of residents at
the site, without prior
referral, is not allowed.
b. A description of transit,
pedestrian and bicycle access
from the subject site to
services and schools must be
provided to residents.
c. An operations plan must be
provided that addresses the
following elements:
i. Roles and
responsibilities
of key staff;
Oi-dinance No. 21- Page 60 of 98
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use. .. THEN, across for REGULATIONS
Minimums
(Maximums
(Required Yards
CC-C
Required
(Height
Required
ZONE
Review
Lot
Lot
Parking
Process
Size
(Front
Side
(each)
Rear
Coverage
of
'Structure
Spaces
SPECIAL REGULATIONS AND NOTES
USE REGULATIONS
I. Site/facility
management,
including a
security and
emergency
plan;
14. Site/facility
maintenance;
IV. Occupancy
policies,
consistent with
RCW 59.18,
including
resident
responsibilities
and a code of
conduct that
includes, at a
minimum, a
prohibition on
threatening
and unsafe
behavior; and,
the on -site use
and sale of
illegal drugs;
V. Access to
human and
social services,
including a
staffing plan
Ordinance No. 21- Page 61 of 98
iUSE ZONE CHART
(DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
IMinimums
Maximums
Required Yards
CC-C
(Required
(Height
(Required
ZONE
(Review
(Lot
Lot
(Parking
USE REGULATIONS
(Process
:Size
Front'Side
(each)
Rear
Coverage,
:Structure
Spaces
:SPECIAL REGULATIONS AND NOTES
and expected
outcome
measures;
vi. Procedures for
maintaining
accurate and
complete
records.
d. Providers and/or managing
agencies shall have either a
demonstrated experience
providing similar services to
people experiencing
homelessness, and/or
certifications or academic
credentials in an applicable
human service field, and/or
applicable experience in a
related program with people
experiencing homelessness.
e. For health and safety
reasons, the sponsor and/or
managing agency shall take
all reasonable and legal steps
to obtain verifiable
identification information,
including full name and date
of birth, from current and
prospective residents, and
shall keep a log containing
this information.
Ordinance No. 21- Page 62 of 98
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use _ THEN, across for REGULATIONS
Minimums Maximums
Required Yards CC-C
Required iRequired
Review Lot Lot Height Parking ZONE
Process Size Front Side Rear Coverage of ;Spaces
USE REGULATIONS (each] Structure SPECIAL REGULATIONS AND NOTES
❑ ❑
Process I, II, III and IV are described in
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
Chapter 19.65 FWRC,
Chapter 19.70 FWRC respectively.
f. Should the provider become
aware of a current or
prospective resident who has
an active felony warrant, it
shall follow a protocol to
work with the participant to
resolve any outstanding
warrants with applicable legal
authorities.
19. All facilities are required to be
licensed pursuant to the provisions of
FWRC 12.35.
For other information about parking
and parking areas, see
Chapter 19.130 FWRC.
For details of what may exceed this
height limit, see
FWRC 19.110.050 et seq.
For details regarding required
yards, see FWRC 19.125.160 et seq.
Section 11, Chapter 19.230.055 of the Federal Way Revised Code is hereby amended to
read as follows:
19.230.055 Emergency housing and shelter.
The following uses shall be permitted in the City Center Frame (CC-F) zone subject to the
regulations and notes set forth in this section:
Ordinance No. 21- Page 63 of 98
IUSE ZONE CHART
(DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Required Yards
CC-F
(Required
Height of
Required
ZONE
(Review
Lot
Side
Structure
'Parking
USE REGULATIONS
(Process
Size
Front
(each)
Rear
'Spaces
SPECIAL REGULATIONS AND NOTES
❑ ❑
Emergency
Process
None
5 ft.
See notes
45 ft.
See
1. Minimum side and rear yards shall
housing and
III
1 and 2
above
Notes
be 20 feet along residential zones
shelter
average
11 and
and 5 ft. along all other zones.
See note 8
building
12
2. The city may permit these uses
elevation
only if:
(AABE)
a. The proposed emergency
to 55 ft.
housing and shelter is distanced at
AABE
least 1,000 ft. from:
i. any other emergency
See
housing and shelter, or
notes 4
ii. public schools,
and 5
as measured from the nearest points
of each such property.
b. The facility and program
secures and maintains all licenses
and/or approvals as required by the
state.
c. The property is situated
proximate to, and has convenient
access to, public transportation,
shopping, health care providers, and
other services and facilities
frequently utilized by the residents of
the property.
d. The program will be operated
under the authority of a reputable
governing board, social service, or
government agency, or proprietor, to
whom staff are responsible and who
will be available to city officials, if
necessary, to resolve concerns
pertaining to the facility.
e. The facility will have staffing,
supervision, and security
arrangements appropriate to the
number of residents and to its hours
of operation.
Ordinance No. 21- Page 64 of 98
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS
Minimums
Required
Yards
CC-F
(Required
Height of
Required
ZONE
(Review
Lot
Side
Structure
Parking
USE REGULATIONS
'Process
Size
Front
(each)
Rear
Spaces
SPECIAL REGULATIONS AND NOTES
f. The facility will not create
unreasonable impacts on traffic,
public utilities and services or on
nearby residences.
g. The facility is in compliance with
applicable health, fire, building, and
safety requirements.
h. The housing will operate under
a written community engagement
plan, approved by the governing
agency, board, or official, which must
address, at a minimum: 1) how the
facility will engage with the
community; 2) how the facility will
respond to community complaints or
concerns; and, 3) who is the point of
contact for the community. The plan
shall be provided to the city prior to
occupancy and shall be updated and
provided to the city as substantive
changes are made to the plan.
3. The city will determine the
maximum number of residents and
the number of dwelling units or
occupancy rooms or suites permitted
in a stand-alone development based
on the following criteria:
a. The specific nature of the
occupancy and the persons that will
be housed in the proposed
development.
b. The size of the dwelling units or
occupancy rooms or suites and the
specific configuration of the facilities
within these units, rooms, or suites.
c. The impacts on nearby
residential uses of the proposed
development.
d. The architecture, site design,
Ordinance No. 2 1 - Page 65 of 98
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
(Required Yards CC-F
Required Height of Required ZONE
Review Lot Parking
Side Structure 'Spaces
Process Size Front Side p SE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES
❑ ❑
Process I, II, III and IV are described in
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
Chapter 19.65 FWRC,
Chapter 19.70 FWRC respectively.
and other design features of the
proposed development.
4. If approved by the director of
community development, the height
of a structure may exceed 40 ft.
above average building elevation
(AABE), to a maximum of 55 ft. AABE
and four floors, if all of the following
criteria are met:
a. The increased height is
necessary to accommodate the
structural, equipment, or operational
needs of the use conducted in the
building, and/or all ground floor
spaces have a minimum ceiling height height of 13 ft. and a
minimum depth of 15 ft.;
b. Height also complies with note
5;
c. Height over 40 ft. is set back
from all residential zones by one
additional ft. for each one ft. of
height over 40 ft.; and
d. Rooflines are designed to avoid
a predominantly flat and featureless
appearance through variations in
roof height, forms, angles, and
materials.
5. Building height may not exceed 30
ft. AABE when located within 100 ft.
of a single-family residential zone.
For other information about
parking and parking areas, see
Chapter 19.130 FWRC.
For details of what may exceed this
height limit, see
Ordinance No. 2 1 - Page 66 of 98
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Required Yards CC-F
Required Height of Required ZONE
Review Lot Parking
Side Structure
S
Process Size Front Rear aces p
USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES
❑ I]
FWRC 19.110.050 et seq.
For details regarding required
yards, see FWRC 19.125.160 et seq,
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Required
Yards
CC-F
Required
Height
Required
ZONE
Review
Lot
of
Parking
Process
Size
FrontSide
(each)
Rear
Structure
Spaces
SPECIAL REGULATIONS AND NOTES
USE REGULATIONS
6. No maximum lot coverage is
established. Instead, the buildable
area will be determined by other site
development requirements, i.e.,
required buffers, parking lot
landscaping, surface water facilities,
etc.
7. For community design guidelines
that apply to the project, see
Chapter 19.115 FWRC.
8. For landscaping requirements that
apply to the project, see
Chapter 19.125 FWRC.
9. For sign requirements that apply
to the project, see
Chapter 19.140 FWRC.
10. Refer to Chapter 19.265 FWRC to
determine what other provisions of
this title may apply to the subject
property.
11. Parking spaces shall be provided
as follows:
Efficiency units — 1.0 per unit + 1
per 2 employees
Ordinance No. 21- Page 67 of '98
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
IMinimums
Required Yards
CC-F
Required
(Height of
Required
ZONE
Review
(Lot
Side
'Structure
Parking
USE REGULATIONS
Process
'Size
Front
(each)
Rear
Spaces
SPECIAL REGULATIONS AND NOTES
❑ ❑
Studio units — 1.25 per unit + 1
per 2 employees
One bedroom units — 1.5 per unit
+ 1 per 2 employees
Units with two bedrooms or more
— 2.0 per unit + 1 per 2 employees
12. Alternatively, an applicant may
choose to submit a parking study in
accordance with FWRC 19.130.080(2).
13. The housing will operate under a
written operational plan that will
include, at a minimum, the following:
a. Residents must be referred by
providers of housing and
services for people
experiencing homelessness.
Direct intake of residents at
the site, without prior referral,
is not allowed.
b. A description of transit,
pedestrian and bicycle access
from the subject site to
services and schools must be
provided to residents.
c. An operations plan must be
provided that addresses the
following elements:
1. Roles and
responsibilities
of key staff;
ii. Site/facility
Ordinance No. 21- Page 68 of 98
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Required Yards
CC-F
(Required
Height of
Required
ZONE
(Review
Lot
Side
Structure
Parking
(Process
Size
Front
(each)
Rear
Spaces
SPECIAL REGULATIONS AND NOTES
USE REGULATIONS
management,
including a
security and
emergency plan;
iii. Site/facility
maintenance;
Iv. Occupancy
policies,
consistent with
RCW 59.18,
including
resident
responsibilities
and a code of
conduct that
includes, at a
minimum, a
prohibition on
threatening and
unsafe behavior;
and, the on -site
use and sale of
illegal drugs;
V. Access to human
and social
services,
including a
staffing plan and
expected
outcome
measures;
Ordh7ance No. 21- Page 69 of 98
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Required Yards
CC-F
Required
(Height of
Required
ZONE
Review
Lot
Side
Structure
Parking
USE REGULATIONS
Process
Size
Front
(each)
Rear
Spaces
P
SPECIAL REGULATIONS AND NOTES
vi. Procedures for
maintaining
accurate and
complete
records.
d. Providers and/or managing
agencies shall have either a
demonstrated experience
providing similar services to
people experiencing
homelessness, and/or
certifications or academic
credentials in an applicable
human service field, and/or
applicable experience in a
related program with people
experiencing homelessness.
e. For health and safety reasons,
the sponsor and/or managing
agency shall take all
reasonable and legal steps to
obtain verifiable identification
information, including full
name and date of birth, from
current and prospective
residents, and shall keep a log
containing this information.
f. Should the provider become
aware of a current or
prospective resident who has
an active felony warrant, it
Ordinance No. 21- Page 70 of 98
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Required Yards CC-F
Required Height of Required ZONE
Review Lot Parking
Process Size
Side Structure Spaces
USE REGULATIONS FrontSide
Rear SPECIAL REGULATIONS AND NOTES
shall follow a protocol to work
with the participant to resolve
any outstanding warrants with
applicable legal authorities.
Process I, II, III and IV are described in
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
Chapter 19.65 FWRC,
Chapter 19.70 FWRC respectively.
14. All facilities are required to be
licensed pursuantto the provisions of
FWRC 12.35, unl_ess_vperated as a result
of inclement weather, natural disaster,
or similar event.
For other information about parking
and parking areas, see
Chapter 19.130 FWRC.
For details of what may exceed this
height limit, see FWRC 19.110.050 et
seq.
For details regarding required yards,
see FWRC 19.125.160 et seq.
Section 12. Chapter 19.230.065 of the Federal Way Revised Code is hereby amended to
read as follows:
19.230.065 Permanent supportive housing and transitional housing.
The following uses shall be permitted in the City Center Frame (CC-F) zone subject to the
regulations and notes set forth in this section:
Ordinance No. 21- Page 71 of 98
USE ZONE CHART
(DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Maximums
Required
Yards
CC-F
Required
Height
Required
ZONE
Review
Lot
Side
Lot
of
Parking
Process
Size
Front
(each)
Rear
Coverage
Structure
Spaces
SPECIAL REGULATIONS AND NOTES
USE REGULATIONS
Permanent
Process
None
10 feet
None
70 ft.
See
1. Any proposed permanent
supportive housing
III
or
Notes
supportive housing or transitional
and transitional
85 ft.
15 and
housing facility with more than 2
housing
16
units, or which brings the total
See
number of permanent supportive
Notes 9
housing or transitional housing
and 10
units on the property to more than
3 units, must be distanced at least
11/3 miles (7,040 ft.) from any
property with more than 3 units of
permanent supportive housing
and/or transitional housing, as
measured from the nearest points
of each such property.
2. There shall be no more than 110
residences located within a single
facility or complex.
3. The property is situated
proximate to, and has convenient
access to, public transportation,
shopping, health care providers,
and other services and facilities
frequently utilized by the residents
of the property.
4. The facility or complex will be
operated under the authority of a
reputable governing board, social
service, or government agency, or
proprietor, to whom staff are
responsible and who will be
available to city officials, if
necessary, to resolve concerns
pertaining to the property or
residents.
5. The housing will operate under a
written community engagement
plan, approved by the governing
agency, board, or official, which
must address, at a minimum: 1) how
Ordinance No. 21- Page 72 of 98
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Maximums
(Required Yards
CC-F
Required
Height
g
'Required
ZONE
Review
Lot
Side
Lot
-of
'Parking
USE REGULATIONS
Process
Size
(Front
(each)
Rear
Coverage
Structure
Spaces
SPECIAL REGULATIONS AND NOTES
the facility will engage with the
community; 2) how the facility will
respond to community complaints
or concerns; and, 3) who is the
point of contact for the community.
The plan shall be provided to the
city prior to occupancy and shall be
updated and provided to the city as
substantive changes are made to
the plan.
6. Refer to Chapter 19.125 FWRC,
Outdoors, Yards, and Landscaping,
for appropriate requirements.
7. For sign requirements that apply
to the project, see
Chapter 19.140 FWRC.
8. For community design guidelines
that apply to the project, see
Chapter 19.115 FWRC.
9. Building height may be increased
from the permitted outright height
of 70 ft. to 85 ft. in exchange for
providing publicly visible
streetscape amenities, as defined in
FWRC 19.05.190, along the right-of-
way; the siting and design of which
shall be approved by the director.
10. Structures on property that
adjoins a single-family residential
zone shall be set back a minimum
of 20 ft. from the property line
adjacent to the single-family
residential zone. The height of
structures shall not exceed 30 ft.
above average building elevation
when located within 100 ft. from
such property line, unless the
project proposes utilizing an
existing building.
Ordinance No. 21- Page 73 of 98
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Maximums
(Required Yards
CC-F
Required
Height
(Required
ZONE
Review
Lot
Side
Lot
of
(Parking
USE REGULATIONS
Process
Size
(Front
(each)
Rear
Coverage
Structure
Spaces
SPECIAL REGULATIONS AND NOTES
11. All buildings, except for related
parking structures up to 65 ft. in
height (six stories), must be gabled
with pitched roofs, unless the
building is taller than 35 ft. (three
stories) with a rooftop that
contributes to the multifamily open
space requirements.
12. Where the building is located
near right-of-way, the ground floor
must consist of non-residential
space(s) with a minimum floor -to -
ceiling height of 13 ft.; or,
residential spaces that have been
designed to contribute to an active
presence to the streetscape.
13. The subject property must
provide usable open space in a total
amount equal to at least 100 sq. ft.
per dwelling unit and may include
private spaces such as yards, patios,
and balconies, as well as common
open spaces such as plazas,
playgrounds, recreation rooms,
rooftop terraces, p-patches, pools,
active lobbies, and atriums. A
minimum of 25 percent of the
usable open space provided must
be common open space. All eligible
usable open space shall also meet
the requirements specified in FWRC
19.115.115. A fee -in -lieu option is
available for up to 50 percent of the
usable open space as specified in
FWRC 19.115.115.
14. Any common open space
requirements may be reduced at
the discretion of the director, if an
open space study documents that
Ordinance No. 21- Page 74 of 98
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS
l
Minimums
Maximums
(Required Yards
CC-F
Required
(Height
Required
ZONE
Review
Lot
Lot
(Parking
USE REGULATIONS
Process
Size
(Front
Side
(each)
(
Rear
Coverage
S
Spaces
SPECIAL REGULATIONS AND NOTES
less common open space will be
adequate to serve the needs of the
residents.
15. Parking spaces shall be provided
as follows:
Efficiency units — 1.0 per unit + 1
per 2 employees
Studio units — 1.25 per unit + 1
per 2 employees
One bedroom units — 1.5 per unit
+ 1 per 2 employees
Units with two bedrooms or
more — 2.0 per unit + 1 per 2
employees
16. Alternatively, an applicant may
choose to submit a parking study in
accordance with FWRC
19.130.080(2).
17. The housing will operate under
a written operational plan that will
include, at a minimum, the
following:
a. Residents must be referred
by providers of housing and
services for people
experiencing homelessness.
Direct intake of residents at
the site, without prior
referral, is not allowed.
b. A description of transit,
pedestrian and bicycle access
from the subject site to
services and schools must be
provided to residents.
Ordinance No. 21- Page 75 of 98
USE ZONE CHART
(DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS
Minimums
(Maximums
Required Yards
CC-F
(Required
Height
Required
ZONE
(Review
Lot
Lot
parking
(Process
.Size
Front
Side
Rea
Coverage
of
Spaces
USE REGULATIONS
(each)
Structure
SPECIAL REGULATIONS AND NOTES
c. An operations plan must be
provided that addresses the
following elements:
i. Roles and
responsibilities
of key staff;
ii. Site/facility
management,
including a
security and
emergency
plan;
iii. Site/facility
maintenance;
IV. Occupancy
policies,
consistent with
RCW 59.18,
including
resident
responsibilities
and a code of
conduct that
includes, at a
minimum, a
prohibition on
threatening
and unsafe
behavior; and,
the on -site use
Ordinance No. 21- Page 76 of 98
(USE ZONE CHART
(DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Maximums
(Required Yards
CC-F
(Required
Height
g
(Required
ZONE
'Review
Lot
Lot
iParking
Process
Size
(Front
Side
(each)
Rear
Coverage
of
'Structure
Spaces
SPECIAL REGULATIONS AND NOTES
USE REGULATIONS
and sale of
illegal drugs;
V. Access to
human and
social services,
including a
staffing plan
and expected
outcome
measures;
vi. Procedures for
maintaining
accurate and
complete
records.
d. Providers and/or managing
agencies shall have either a
demonstrated experience
providing similar services to
people experiencing
homelessness, and/or
certifications or academic
credentials in an applicable
human service field, and/or
applicable experience in a
related program with people
experiencing homelessness.
e. For health and safety
reasons, the sponsor and/or
managing agency shall take
all reasonable and legal steps
Ordinance No. 2 1 - Page 77 of 98
(USE ZONE CHART
(DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Maximums
Required Yards
CC-F
(Required
Height
Required
ZONE
(Review
Lot
Lot
Parking
USE REGULATIONS
(Process
Size
Front
Side
(each)
Rear
Coverage
of
Structure
Spaces
SPECIAL REGULATIONS AND NOTES
to obtain verifiable
identification information,
including full name and date
of birth, from current and
prospective residents, and
shall keep a log containing
this information.
f. Should the provider become
aware of a current or
prospective resident who has
an active felony warrant, it
shall follow a protocol to
work with the participant to
resolve any outstanding
warrants with applicable legal
authorities.
18. All facilities are required to be
licensed pursuant to the provisions of
FWRC 12.35.
Process I, II, III and IV are described in
For other information about parking
Chapter 19.55 FWRC,
and parking areas, see
Chapter 19.60 FWRC,
Chapter 19.130 FWRC.
Chapter 19.65 FWRC,
Chapter 19.70 FWRC respectively.
For details of what may exceed this
height limit, see
FWRC 19.110.050 et seq.
For details regarding required
yards, see FWRC 19.125.160 et seq.
Section 13. Chapter 19.240.085 of the Federal Way Revised Code is hereby amended to
read as follows:
Ordinance No. 21- Page 78 of 98
19.240.085 Permanent supportive housing and transitional housing.
The following uses shall be permitted in the Commercial Enterprise (CE) zone subject to the
regulations and notes set forth in this section:
USE ZONE CHART
(DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
(Maximums
(Required
Yards
CE
(Required
Required
ZONE
(Review
Lot
Lot
Height of
Parking
(Process
Size
(Front
Side
(each)
Rea
lCoverage
Structure
Spaces
SPECIAL REGULATIONS AND NOTES
USE REGULATIONS
Permanent
Process
None
5 ft.
See Note
None
45 ft.
See
1. Any proposed permanent
supportive housing
III
12
above
Notes
supportive housing or transitional
and transitional
average
13 and
housing facility with more than 2
housing
building
14
units, or which brings the total
elevation
number of permanent supportive
(AABE)
housing or transitional housing
to 55 ft.
units on the property to more than
AABE
3 units, must be distanced at least
and four
11/3 miles (7,040 ft.) from any
floors
property with more than 3 units of
permanent supportive housing
and/or transitional housing, as
measured from the nearest points
See
of each such property.
Notes 9
2. There shall be no more than 110
and 10
residences located within a single
facility or complex.
3. The property is situated
proximate to, and has convenient
access to, public transportation,
shopping, health care providers,
and other services and facilities
frequently utilized by the residents
of the property.
4. The facility or complex will be
operated under the authority of a
reputable governing board, social
service, or government agency, or
proprietor, to whom staff are
responsible and who will be
available to city officials, if
necessary, to resolve concerns
pertaining to the property or
residents.
Ordinance No. 21- Page 79 of 98
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
]Maximums
(Required Yards
CE
Required
Required
ZONE
(Review
Lot
(Lot
Height of
Parking
USE REGULATIONS
Process
Size
(Front
Side
(each)
RearCoverage
Structure
Spaces
SPECIAL REGULATIONS AND NOTES
5. The housing will operate under a
written community engagement
plan, approved by the governing
agency, board, or official, which
must address, at a minimum: 1) how
the facility will engage with the
community; 2) how the facility will
respond to community complaints
or concerns; and, 3) who is the
point of contact for the community.
The plan shall be provided to the
city prior to occupancy and shall be
updated and provided to the city as
substantive changes are made to
the plan.
6. Refer to Chapter 19.125 FWRC,
Outdoors, Yards, and Landscaping,
for appropriate requirements.
7. For sign requirements that apply
to the project, see
Chapter 19.140 FWRC.
8. For community design guidelines
that apply to the project, see
Chapter 19.115 FWRC.
9. If approved by the director, the
height of a structure may exceed 40
ft. above average building elevation
(AABE), to a maximum of 55 ft.
AABE and four floors, if all of the
following criteria are met:
a. The increased height is
necessary to accommodate the
structural, equipment, or
operational needs of the use
conducted in the building, and/or
all ground floor spaces have a
minimum floor -to -ceiling height of
13 ft. and a minimum depth of 15
Ordinance No. 21- Page 80 of 98
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
]Minimums
Maximums
Required
Yards
CE
Required
Required
ZONE
Review
Lot
Lot
Height of
Parking
USE REGULATIONS
Process
'Size
Front
'(each]
(eac
Rear
Coverage
Structure
Spaces
SPECIAL REGULATIONS AND NOTES
b. Height complies with note 10;
c. Height over 40 ft. is set back
from all residential zones by one
additional ft. for each one ft. of
height over 40 ft.; and
d. Rooflines are designed to
avoid a predominantly flat and
featureless appearance through
variations in roof height, forms,
angles, and materials.
10. Building height may not exceed
30 ft. AABE when located within 100
ft. of a single-family residential
zone.
11. The subject property must
provide usable open space in a total
amount equal to at least 100 sq. ft.
per dwelling unit and may include
private spaces such as yards, patios,
and balconies, as well as common
open spaces such as plazas,
playgrounds, recreation rooms,
rooftop terraces, p-patches, pools,
active lobbies, and atriums. A
minimum of 25 percent of the
usable open space provided must
be common open space. All eligible
usable open space shall also meet
the requirements specified in FWRC
19.115.115. A fee -in -lieu option is
available for up to 50 percent of the
usable open space as specified in
FWRC 19.115.115.
12. Minimum side and rear yards
shall be 20 ft. adjacent to single-
family residential zones and 5 ft.
adjacent to all other zones.
13. Parking spaces shall be provided
as follows:
Ordinance No. 21- Page 81 of 98
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
(Minimums
Maximums
Required Yards
CE
Required
Required
ZONE
Review
ILot
Lot
(Height of
Parking
'USE REGULATIONS
Process
Size
Front
Side
(each)
Rea
Coverage
Structure
Spaces
SPECIAL REGULATIONS AND NOTES
Efficiency units — 1.0 per unit + 1
per 2 employees
Studio units — 1.25 per unit + 1
per 2 employees
One bedroom units — 1.5 per unit
+ 1 per 2 employees
Units with two bedrooms or
more — 2.0 per unit + 1 per 2
employees
14. Alternatively, an applicant may
choose to submit a parking study in
accordance with FWRC
19.130.080(2).
15. The housing will operate under
a written operational plan that will
include, at a minimum, the
following:
a. Residents must be referred
by providers of housing and
services for people
experiencing homelessness.
Direct intake of residents at
the site, without prior
referral, is not allowed.
b. A description of transit,
pedestrian and bicycle access
from the subject site to
services and schools must be
provided to residents.
c. An operations plan must be
provided that addresses the
following elements:
i. Roles and
Ordinance No. 21- Page 82 of 98
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use. .. THEN, across for REGULATIONS
Minimums
Maximums
Required
Yards
CE
Required
Required
ZONE
Review
Lot
Lot
Height of
Parking
Process
Size
Front
Side
(each)
Rear
Coverage
Structure
Spaces
SPECIAL REGULATIONS AND NOTES
USE REGULATIONS
responsibilities
of key staff;
ii. Site/facility
management,
including a
security and
emergency
plan;
iii. Site/facility
maintenance;
IV. Occupancy
policies,
consistent with
RCW 59.18,
including
resident
responsibilities
and a code of
conduct that
includes, at a
minimum, a
prohibition on
threatening
and unsafe
behavior; and,
the on -site use
and sale of
illegal drugs;
V. Access to
human and
social services,
Ordinance No. 21-_ _ Page 83 of98
USE ZONE CHART
(DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
(Minimums
Maximums
Required Yards
CE
(Required
Required
ZONE
(Review
(Lot
Lot
(Height of
Parking
'USE
Process
:Size
Front
Side
(each)
Rear
Coverage
Structure
Spaces
'SPECIAL REGULATIONS AND NOTES
REGULATIONS
including a
staffing plan
and expected
outcome
measures;
vi. Procedures for
maintaining
accurate and
complete
records.
d. Providers and/or managing
agencies shall have either a
demonstrated experience
providing similar services to
people experiencing
homelessness, and/or
certifications or academic
credentials in an applicable
human service field, and/or
applicable experience in a
related program with people
experiencing homelessness.
e. For health and safety
reasons, the sponsor and/or
managing agency shall take
all reasonable and legal steps
to obtain verifiable
identification information,
including full name and date
of birth, from current and
prospective residents, and
Ordinance No. 21- Page 84 of 98
USE ZONE CHART
(DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Maximums
Required
Yards
CE
Required
Required
ZONE
(Review
Lot
Lot
Height of
Parking
(Process
:Size
Front'Side
Qeach)
Rear
Coverage
Structure
:Spaces
SPECIAL REGULATIONS AND NOTES
USE REGULATIONS
shall keep a log containing
this information.
f. Should the provider become
aware of a current or
prospective resident who has
an active felony warrant, it
shall follow a protocol to
work with the participant to
resolve any outstanding
warrants with applicable legal
authorities.
15. All facilities are re wired to be
licensed pursuant to the provisions of
FWRC 12.35.
Process 1, 11, III and IV are described in
For other information about parking
Chapter 19.55 FWRC,
and parking areas, see
Chapter 19.60 FWRC,
Chapter 19.130 FWRC.
Chapter 19.65 FWRC,
Chapter 19.70 FWRC respectively.
For details of what may exceed this
height limit, see
FWRC 19.110.050 et seq.
For details regarding required
yards, see FWRC 19.125.160 et seq.
Section 14. Chapter 19.240.095 of the Federal Way Revised Code is hereby amended to
read as follows:
19.230.095 Emergency housing and shelter.
The following uses shall be permitted in the commercial enterprise (CE) zone subject to the
regulations and notes set forth in this section:
Ordinance No. 21- Page 85 of 98
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
(Required Yards
CE
(Required
Height of
Required
ZONE
(Review
Lot
Side
Structure
Parking
USE REGULATIONS
(Process
Size
Front
(each)
Rear
Spaces
,SPECIAL REGULATIONS AND NOTES
❑ ❑
Emergency
Process
None
5 ft.
See notes
45 ft.
See
1. Minimum side and rear yards
housing and
III
1 and 2
above
Notes
shall be 20 feet adjacent to single
shelter
average
10 and
family residential zones and 5 ft.
See note 3
building
11
adjacent to all other zones.
elevation
2. The city may permit this use only
(AABE)
if:
to 55 ft.
a. The proposed emergency
AABE
housing and shelter is distanced at
least 1,000 ft. from:
See
i. any other emergency
notes 3
housing and shelter, or
and 4
ii. public schools,
as measured from the nearest
points of each such property.
b. The facility and program
secures and maintains all licenses
and/or approvals as required by the
state.
c. The property is situated
proximate to, and has convenient
access to, public transportation,
shopping, health care providers, and
other services and facilities
frequently utilized by the residents
of the property.
d. The facility will be operated
under the authority of a reputable
governing board, social service, or
government agency, or proprietor,
to whom staff are responsible and
who will be available to city officials,
if necessary, to resolve concerns
pertaining to the facility.
e. The facility will have staffing,
supervision, and security
arrangements appropriate to the
number of residents and to its hours
of operation.
f. The facility will not create
Oi-dinance No. 21- Page 86 of 98
USE ZONE CHART
(DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
(Minimums
Required Yards
CE
Required
Height of
Required
ZONE
Review
Lflt
Side
Structure
Parking
USE REGULATIONS
Process
Size
Front
(each)
Rear
Spaces
SPECIAL REGULATIONS AND NOTES
unreasonable impacts on traffic,
public utilities and services or on
nearby residences.
g. The facility is in compliance
with applicable health, fire, building,
and safety requirements.
h. The housing will operate under
a written community engagement
plan, approved by the governing
agency, board, or official, which
must address, at a minimum: 1) how
the facility will engage with the
community; 2) how the facility will
respond to community complaints
or concerns; and, 3) who is the point
of contact for the community. The
plan shall be provided to the city
prior to occupancy and shall be
updated and provided to the city as
substantive changes are made to
the plan.
3. If approved by the director, the
height of a structure may exceed 40
ft. above average building elevation
(AABE), to a maximum of 55 ft.
AABE and four floors, if all of the
following criteria are met:
a. The increased height is
necessary to accommodate the
structural, equipment, or
operational needs of the use
conducted in the building, and/or
all ground floor spaces have a
minimum floor -to -ceiling height of
13 ft. and a minimum depth of 15
b. Height also complies with note
4;
c. Height over 40 ft. is set back
Ordinance No. 21- Page 87 of 98
USE ZONE CHART
(DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Required Yards
CE
Required
Height of
(Required
ZONE
Review
Lot
Side
'Structure
;Parking
USE REGULATIONS
Process
Site
Front
(each)
Rear
Spaces
p
;SPECIAL REGULATIONS AND NOTES
❑ ❑
from nonresidential zones by one
additional ft. for each one ft. of
height over 40 ft.; and
d. Rooflines are designed to
avoid a predominantly flat and
featureless appearance through
variations in roof height, forms,
angles, and materials.
4. Building height may not exceed
30 ft. AABE when located within 100
ft. of a single-family residential
zone.
Process I, II, III and IV are described in
For other information about parking
Chapter 19.55 FWRC,
and parking areas, see
Chapter 19.60 FWRC,
Chapter 19.130 FWRC.
Chapter 19.65 FWRC,
Chapter 19.70 FWRC respectively.
For details of what may exceed this
height limit, see FWRC 19.110.050 et
seq.
For details regarding required yards,
see FWRC 19.125.160 et seq.
19.240.095 Emergency housing and shelter. (Continued)
USE ZONE CHART
(DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
(Required Yards
CE
(Required
(Height
Required
ZONE
(Review
Lot
of
Parking
(Process
Size
(Front
Side
Rear'Structure
Spaces
USE REGULATIONS
(each)
SPECIAL REGULATIONS AND NOTES
5. No maximum lot coverage is
Ordinance No. 21- Page 88 of 98
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Required Yards
CE
Required
Height
Required
ZONE
Review
Lot
of
Parking
Process
Size
Front
Side
(Rear
Structure
Spaces
USE REGULATIONS
i(each)
SPECIAL REGULATIONS AND NOTES
established. Instead, the buildable area
will be determined by other site
development requirements, i.e.,
required buffers, parking lot
landscaping, surface water facilities, etc.
6. For community design guidelines that
apply to the project, see
Chapter 19.115 FWRC.
7. For landscaping requirements that
apply to the project, see
Chapter 19.125 FWRC.
8. For sign requirements that apply to
the project, see Chapter 19.140 FWRC.
9. Refer to Chapter 19.265 FWRC to
determine what other provisions of this
title may apply to the subject property.
10. Parking spaces shall be provided as
follows:
Efficiency units — 1.0 per unit + 1 per
2 employees
Studio units — 1.25 per unit + 1 per 2
employees
One bedroom units — 1.5 per unit + 1
per 2 employees
Dwelling units with two bedrooms or
more — 2.0 per unit + 1 per 2
employees
11. Alternatively, an applicant may
choose to submit a parking study in
accordance with FWRC 19.130.080(2).
12. The housing will operate under a
written operational plan that will
include, at a minimum, the following:
a. Residents must be referred by
providers of housing and services
for people experiencing
homelessness. Direct intake of
Ordinance No. 21- Page 89 of 98
]USE ZONE CHART
(DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Required Yards
CE
(Required
Height
RequiredZONE
(Review
Lot
of
Parking
(Process
Size
Front
'Side
IRear
Structure;Spaces
USE REGULATIONS
i(each)SPECIAL
REGULATIONS AND NOTES
residents at the site, without prior
referral, is not allowed.
b. A description of transit,
pedestrian and bicycle access
from the subject site to services
and schools must be provided to
residents.
c. An operations plan must be
provided that addresses the
following elements:
L Roles and
responsibilities of
key staff,
ii. Site/facility
management,
including a security
and emergency
plan;
iii. Site/facility
maintenance;
iv, Occupancy policies,
consistent with
RCW 59.18,
including resident
responsibilities and
a code of conduct
that includes, at a
minimum, a
prohibition on
Ordinance No. 21- Page 90 of 98
USE ZONE CHART
(DIRECTIONS: FIRST, read down to find use. .. THEN, across for REGULATIONS
Minimums
Required
Yards
CE
(Required
Height
Required
ZONE
(Review
Lot
of
Parking
(Process
Size
Front
Side
Rear
Structure
Spaces
USE REGULATIONS
(each)
SPECIAL REGULATIONS AND NOTES
threatening and
unsafe behavior;
and, the on -site use
and sale of illegal
drugs;
V. Access to human
and social services,
including a staffing
plan and expected
outcome measures;
vi. Procedures for
maintaining
accurate and
complete records.
d. Providers and/or managing
agencies shall have either a
demonstrated experience
providing similar services to
people experiencing
homelessness, and/or
certifications or academic
credentials in an applicable
human service field, and/or
applicable experience in a related
program with people
experiencing homelessness.
e. For health and safety reasons, the
sponsor and/or managing agency
shall take all reasonable and legal
steps to obtain verifiable
identification information,
Ordinance No. 21- Page 91 of 98
USE ZONE CHART
(DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Lot
Size
Required Yards
USE REGULATIONS
(Required
IReview
(Process
Height
of
Required
Parking
CE
ZONE
SPECIAL REGULATIONS AND NOTES
Front
Side
(each)
RQar;Structure5paces
❑ ❑
including full name and date of
birth, from current and
prospective residents, and shall
keep a log containing this
information.
f. Should the provider become
aware of a current or prospective
resident who has an active felony
warrant, it shall follow a protocol
to work with the participant to
resolve any outstanding warrants
with applicable legal authorities.
13. All facillties are required to be licensed
pursuant to theprovisions_of FWRC 123
unless operated as a result of inclement
weather, natural disaster, or similar event.
Process I, II, III and IV are described
For other information about parking
in
and parking areas, see
Chapter 19.55 FWRC,
Chapter 19.130 FWRC.
Chapter 19.60 FWRC,
Chapter 19.65 FWRC,
Chapter 19.70 FWRC respectively.
For details of what may exceed this
height limit, see FWRC 19.110,050 et
seq.
For details regarding required yards,
see FWRC 19.125.160 et seq.
Ordinance No. 21- Page 92 of 98
Section 15. A new chapter 12.35 "Permanent supportive housing and transitional
housing, emergency housing and shelter" of the Federal Way Revised Code and sections
12.35.010, 12.35.020, 12.35.030, 12.35.040, 12.35.050, 12.35.060, 12.35.070, and 12.35.080 are
added as follows:
Article I. Generally
12.35.010 Exception from chapter.
This chapter does not apply to emergency housing and shelter that is operated as a result of
inclement weather, natural disaster, or similar event.
Article II. Licenses
12.35.020 License for business required.
Unless expressly excepted by the provisions of this chapter, it is unlawful to operate permanent
supportive housing and transitional housing, or emergency housing and shelter unless such
establishment or premises is licensed as hereinafter provided.
12.35.030 License Applications.
(1) All applications for license or license renewal shall be made to the City Finance Department
on a form prescribed by the Finance Director, and shall include the following information:
a The name, address and contact telephone number of the ]icense holder
(b) The business name, address, and telephone number of the establishment to_be_licensed;
c) The names titles addresses and telephone numbers of those who will act as the principle
point(s) of contact with the city;
(d) A declaration of the total number of rooms in the facility used for permanent supportive
housing and transitional housing, and/or emergency housing and shelter;
(e) The maximum number of occupants that can be housed in the facility,
Ordinance No. 21- Page 93 of 98
An operational plan demonstrating compliance with the safety and operational
requirements in FWRC 12.35.070 and the standards of conduct in FWRC 12.35.080.
Documentation identifying that providers and/or managing a encies have either
demonstrated experience providing similar services to people experiencing homelessness, and/or
certifications or academic credentials in an appropriate human service field, and/or applicable
experience in a related program with people experiencing homelessness.
(2) The city shall notify the applicant within fifteen workingdays of submittal of a license or
license renewal application if the application is deemed incomplete and shall specify
additional information is reauired.
12.35.040 License fee.
(1) The license fee for permanent supportive housing and transitional housing. or emergency
housing and shelter, as required in this chapter, is $300.00 per ,year. Such fee shall be in addition
to general business license fees where applicable.
2) The entire annual license fee shall be Raid for the applicable calendar year regardless of when
the application for license is made, and shall not be prorated for any part of the year except that if
the original application for license is made subsequent to June 30th, the license fee for the
remainder of that year shall be one-half of the annual license fee.
(3) Permanent supportive housing and transitional housing, and emergency housing and shelter,
operated by non-profit or governmental organizations. shall be exempt from the license fee.
12.35.050 License expiration.
(1) All licenses issued or renewed under the provisions of this chapter shall expire on the thirty-
first of December of each year.
Ordinance No. 21- Page 94 of 98
(2) Due date. All license fees required by this chapter for either an original license or renewal are
payable to the city at least two weeks prior to the commencement of operation of the permanent
supportive housing and transitional housing, and/or emergency housing and shelter.
(3) Failure to renew. Failure to renew shall result in expiration of the license and all privileges
granted to the licensee.
12.35.060 Renewal of license.
(1) For a pen-nanent supportive housing and transitional housing, and/or emergency housing and
shelter facility to continue operation bond the expiration of its existing license, an application
for renewal must be submitted with the city rior to the expiration of the existing, license.
(2) A late penalty shall be charged on all applications for renewal of a license received later than
seven calendar days after the expiration date, as well as all applications. that fail to reclify
application deficiencies identified by the city pursuant to FWRC 12.35.030(2) within seven
calendar des of the city notice provided for in that subsection.
The amount of such penalty is fixed as follows:
Days Past Due Late Fee
8-30
31 — 60 $100
61 and over $200
Article III. Regulations
12.35.070 Standards of safety and operation..
(1 ) Every facility licensed under the provisions of this chapter must meet the following safety
and operational i-e uirements:
Ordinance No. 21- Page 95 of 98
(a) Adopt and broadly disseminate a written security and emergency plan for residents_ and
employees.
(b) Establish protocols to work with current or prospective residents 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 kegp a
lot: containing this information.
(d) Prohibit direct intake of residents without referral.
(e) Incorporate procedures into operations to ensure complete and accurate recordkeeping_
(fl Post prominently a list of all human and health services offered with a brief description of
the service(s) and the availability of such servicefs).
(g) Follow Crime Prevention Through Environmental Design (CPTED) 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 R5 zones, must meet the following additional safety and operation
requirements:
(a) Install HIRhting in all internal common areas providing a minimum of 1.5 foot-candles at
around level 24 hours. per day, seven days a week.
(b) Have a manager or operator's representative on the premises at all times.
Ordinance No. 21- Page 96 of 98
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 grogram and
strategies addressed in FWRC 19.115.040.
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 citf s building, fire, and zoning_ and development
r-M Pe
(2) No residents exhibit threatening or unsafe behavior.
(3 ) No resident shall use or sell illegal drugs.
Section 16. Severability. 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 17. 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 18. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Ordinance No. 21- Page 97 of 98
Section 19. 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
2021.
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. 21- Page 98 of 98
COUNCIL MEETING DATE: LT#,V%tAA
M 4) "I'T ITEM #: 7c
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ORDINANCE: ESTABLISHING A LICENSING PROGRAM FOR HOTELS AND MOTELS
POLICY QUESTION: Should the City Council establish a licensing program for hotels and motels to protect
public safety?
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
❑ Consent Z Ordinance E] Public Hearing
0 City Council Business Ej Resolution E] Other
STAFF REPORT BY: J. Ryan 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: IAN A DIRECTOR APPROVAL:-
Committee rotincill - - Inifiarl0ah
Initial/DateInitial/Date
COMMITTEE RECOMMENDATION: N/A
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION(S):
FIRST READING OF ORDINANCE (DECEMBER 7, 2021): "1 move to forward the proposed ordinance to the
January 4, 2022 Council Meeting for second reading and enactment. "
SECOND READING OF ORDINANCE (JANUARY 4, 2022): "1 move approval of the proposed ordinance.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
I] APPROVED COUNCIL BILL H
1:1 DENIED First reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE P
REVISED— 11/2019 RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: November 23, 2021
TO: City Council Members
VIA: Jim Ferrell, Mayor
FROM: J. Ryan Call, City Attorney
SUBJECT: Hotel and Motel Licensing Program
Financial Inipacts:
The proposed annual license fee for each hotel/motel in the city is $500.00. While the fee
will offset the cost of running this program, it is unlikely to cover all city staff costs
associated with operation of the licensing program, such as police department audits and
compliance reviews. Any staffing costs in excess of revenue generated from the licensing
fee will be internalized among existing personnel costs.
Background Information:
Frequent criminal activity occurring at some hotel or motel properties has recently become a
subject of concern. Most recently, crimes occurring at the Eastwind Motel, 33230 Pacific
Hwy S, Federal Way, WA 98003 ("Eastwind Motel"), present significant health, safety, and
welfare concerns. The city police department has received an alarming number of police calls
reporting violent assaults, drug crimes, thefts, sex offenses, and other serious crimes. In 2021
alone, five shootings and five other violent crimes, including rape and knife assaults, have
been reported at the Eastwind Motel.
The goal of this proposed licensing program is to impose additional operating requirements
for those establishments that have historically had abnormally high amounts of criminal
activity. Hotels/motels would be prohibited from operating in the city without the requisite
license. Under the licensing program, hotels/motels are categorized into three groups based
on annual calls for service to the police department involving the hotel/motel.
• Hotels/motels with low rates of calls for service (less than or equal to .50 calls per
room annually) are not subject to increased operational requirements.
■ Hotels/motels with moderate rates of calls for service (greater than .50 but less than
or equal to 2.00 calls per room annually) will be required to: undergo a police
department crime prevention assessment; report all crimes occurring on the premises
to the police department; have a representative available on premises 24 hours per
Rev. 7/18
day; post no trespassing and unauthorized vehicle signs; operate a surveillance
camera with recorder in the lobby 24 hours per day; adopt policies that require check -
in and registration of all guests and prohibit un-registered guests from staying in or
visiting a room.
• Hotels/motels with high rates of calls for service (greater than 2.00 calls per room
annually) must comply with all the above standards, and: provide 24-hour front desk
personnel; require credit card payments for all transactions; perform criminal
background checks on all employees; operate surveillance cameras with recorders in
all parking lots and common areas 24 hours per day; install lighting in all common
areas; maintain a key log and re -key each room where a key is found missing; hold
semi-annual crime reduction employee trainings assisted by the police department;
issue and require parking passes for all vehicles; follow where feasible Crime
Prevention Through Environmental Design ("CPTED") standards as provided by the
police department; prohibit room rental for less than 6 hours; submit to semi-annual
audits by the police department to enforce regulations and receive additional
recommendations.
Upon recommendation of the police chief, failure to comply with the terms of the licensing
program can result in the city revoking, suspending, or refusing to issue or renew a
hotel/motel license for a period of up to a year. Revocations, suspensions, or refusals to issue
or renew a hotel/motel license are appealable to the city Hearing Examiner.
Rev. 7/18
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington,
establishing a licensing program for hotels and motels to protect public
safety; adding a new Chapter 12.55 including sections 12.55.010,
12.55.020, 12.55.030, 12.55.040, 12.55.050, 12.55.060, 12.55.070,
12.55.080, 12.55.090, 12.55.100, and 12.55.110.
WHEREAS, the City of Federal Way ("City") is a non -charter code city pursuant to Title
35A RCW; and
WHEREAS, the failure to address criminal nuisance conditions existing on hotel and motel
properties can present significant health, safety, and welfare concerns to the City, and can have a
tremendous negative impact upon the quality of life, safety, and health of the neighborhoods where
they are located; and
WHEREAS, conditions that facilitate criminal conduct at hotels and motels can also be a
financial burden to the City due to repeated calls for service at these locations; and
WHEREAS, it is in the public interest for the City Council to adopt a licensing program in
FWRC Title 12, providing required standards for hotels and motels based on the number of calls
for service regarding such hotels or motels, in the interest of public health and safety.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings. 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 protecting public health and safety.
Ordinance No.21- Pagel of
Section 2. A new chapter 12.55 "Hotels and motels" of the Federal Way Revised Code is
hereby added including sections 12.55.010, 12.55.020, 12.55.030, 12.55.040, 12.55.050,
12.55.060, 12.55.070, 12.55.080, 12.55.090, 12.55.100, and 12.55.110 to read as follows:
Article I. Generally
12.55.010 Definitions.
The definitions in this section appty throughout this chapter unless the context clearly requires
otherwise. Terms not defined here are defined according to FWRC 1.05.020.
"Hotel" or "motel" means a single building or group of buildings operated by a for profit business
containing individual slee in units intended for transient occu anc .
"Call for service" means any police response to a criminal incident occurring in or on the premises
of a hotel or motel that is dispatched through the 911 call service center.
"Annual calls for service per room" means the number of calls for service regarding a hotel or
motel for the most recent January 1 st to December 31 st period, divided by the total number of
rooms available for rent in the hotel or motel.
"Police officer" means any authorized agent of the Federal WU poce department or other law
enforcement authorized to enforce the law within the City.
Article II. Licenses
12.55.020 License for business required.
It is unlawful to operate a hotel or motel unless such establishment or premises is licensed as
hereinafter provided.
12.55.030 License applications.
( 1) All implications for license or license renewal shall be made to the City Finance Department
on a form prescribed by the Finance Director, and shall include the following information:
Ordinance No. 21- Page 2 of 9
(a) The name, address, and contact telephone number of the license holder;
(b) The business name. address, and telephone number of the establishment to be licensed;
(c) The names, titles. addresses. and telephone numbers of those who will act as the principle
point of contact with the city; and
(d) A declaration of the total number of rooms for rent available at the establishment.
(2) The city shall notify the applicant within fifteen working days of submittal of a license or
license renewal application if the application is deemed incomplete and shall specify what
additional information is required.
12.55.040 License fee.
(1) The license fee for hotels and motels, as required in this chapter, is $500.00 per year. Such fee
shall be in addition to general business license fees where applicable.
(2) The entire annual license fee shall be paid for the applicable twelve-month period regardless
of when the application for license is made, and shall not be prorated for any part of the period
except that if the original application for license is made subsequent to December 31st, the license
fee for the remainder of that twelve-month period shall be one-half of the annual license fee.
12.55.050 License expiration.
(1) All licenses issued or renewed under the provisions of this chapter shall expire on the thirtieth
da of June of each year, unless previously revoked pursuant to FWRC 12.55.070.
(2) Due date. All license fees required by this chapter for either an original license or renewal are
payable to the city at least two weeks prior to the opening of the hotel or motel.
(3) Failure to renew. Failure to renew shall result in expiration of the license and all privileges
anted to the: licensee.
12.55.060 License renewal.
Ordinance No. 21- Page 3 of 9
(1)1~or a hotel or motel business to c011tinue operation beyond the expiration of its existing license,
an application for renewal must be submitted to the city prior to the expiration of the existing
license.
(2) Any hotel ormotel that is subject to the standards of FWRC 12.55.100 and/or FWRC 12.55.110
must comply with such standards, as verified by the Federal Way police department, as.a condition
of license renewal under FWRC 12.55.060.
(3) A late penalty shall be charged on all applications for renewal of a license received later than
seven calendar days after the expiration date. A late penalty shall be charged on all applications
that fail to_rect_ify application deficiencies identified by the city pursuant to FWRC 12.55.030(2)
within seven calendar days said notice.
The amount of such penalty is fixed as follows:
Days Past Due Late Fee
8 — 30 $50
31 — 60 $100
61 and over $200
12.55.070 License suspension or revocation.
(1) If the police chief finds that any licensee has violated or failed to comply with any of the
provisions of this chapter, they shall make a detailed written record of such finding and inform the
finance director. Upon the recommendation of the police chief, the finance director may revoke,
suspend, or refuse to issue or renew the hotel or motel license for a period of not more than one
year. Such decision shall be made in consultation with the police chief and shall be based on the
severity of the violation(s).
Ordinance No. 21- Page 4 of 9
(2) The licensee shall be notified in writingogrounds for revocation, suspension, or refusal
to issue or renew the hotel or motel license in writing. The revocation, suspension, or refusal to
issue or renew the hotel or motel license shall be effective 10 days after notification to licensee
unless appealed as provided in this chapter.
12.55.080 Appeal.
(1) Generally. Any licensee may appeal the decision of the finance director to revoke, suspend, or
refuse to issue or renew the licensee's hotel or motel license by filing a written notice of appeal
specifying the issues being appealed with the city clerk within 10 days of the date of service of the
notice of revocation, suspension, or refusal to issue or renew the hotel or motel license.
(2) Schedule. Within 10 days of the city clerk's receipt of the appeal, the hearing examiner shall
set a public hearing for a date within 30 days of the city clerk's receipt of the appeal.
(3) Notice. Written notice of the time and place of the hearing shall be served on the appellant by
certified mail no later than seven days prior to the date set for the hearing
(4) Partic%ation. The city and the ppellant may participate as parties in the hearing and each may
call. witnesses. Any person mgy participate in the public hearuig in either or both of the following
ways:
(a) By submitting written comments to the hearing examiner, either by delivering these
comments to the clerk prior to the heari Lag or by presentingthe written comments to the hearinfz
examiner at the hearing
h By appearing in person. or throu h a representative. at the hear-iny, and making -oral
comments directly to the hearing. The hearing, examiner may reasonably limit the extent of
oral comments to facilitate the orderlv and timelv conduct of the
Ordinance No. 21- Page 5 of 9
(5) Conduct ofheoring. The hearing examiner shall conduct the hearing on the appeal pursuant to
the rules of procedure of the hearing examiner. The hearing is limited to the issues raised in the
notice of appeal. The appellant shall have the burden of proof by a preponderance of the evidence.
The hearing examiner shall make a complete electronic sound recordingof fthe public hearing.
(6) Stm�. The suspension or revocation of a hotel or motel license shall be stayed during. the
of the abneal. but a refusal to issue or renew the hotel or motel license is effective until
ordered otherwise.
(?) Decision. After considering all of the information and comments submitted on the matter. the
hearing examiner shall issue a written decision, including findings of fact, conclusions, and order,
affirming, reversing, or modifying the action being appealed based on the hearing examiner's
findings and conclusions. Unless a longer period is agreed to by the applicant, the hearing examiner
shall issue the decision within 10 working days after the close of the public hearing, Notice of the
decision shall be mailed to all parties. The decision of the hearing examiner is final. Failure to
Iv with the decision of the hearing examiner shall constitute a misdemeanor.
Article III. Regulations
12.55.090 Regulations dependent on annual calls for service per room.
.(1) Notification. The Federal Way police department shall notify each hotel or motel licensed
under this chapter of the annual calls for service tier room attributable to the hotel or motel for the
in-imediately_preceding, January 1 st to December 31 st period by no later than January 31 st of each
calendar year, and the corresponding standards applicable to the hotel or motel.
(2) Standards applicable. Hotels and motels with annual calls for service per room of less than or
to .50 are not subiect to regulation under the standards in FWRC 12.55.100 or 12.55.110.
Hotels and motels with annual calls for service per room of greater than .50 must comply with the
Ordinance No. 21- Page 6 of 9
standards in FWRC 12.55.100. Hotels and motels with annual calls for service per room of rg eater
than 2.00 must comely with the standards in FWRC 12.55.100 and 12.55.110.
12.55.100 Required standards for hotels_ and motels with annual calls for service per room
of Greater than .50.
Hotels and motels with annual calls for service per room of greater than .50 must meet the
following standards:
(1) Have a representative available on the premises at all times.
2 Install and operate a surveillance camera with recorder in the lobby for 24 hours per day,seven
days per week.
(3) Adopt policies to ensure all guests check -in and register. and require that only check -in and
registered guests may stay or visit in any room.
(4) Post signs stating: No Trespassing/V iolators wi 11 be Prosecuted.
(5) Post signs stating: Unauthorized Vehicles will be Impounded.
(6) Report all crimes to the Federal Way police department.
(7) Undergo a Federal Way police department crime prevention assessment of the hotel and motel.
12.55.110 Required standards for hotels and motels with annual calls for service per room
of greater than 2.00.
Hotels and motels with annual calls for service per roam of greater than 2.00 must meet all the
standards identified in FWRC 12.55.100, as well as the following standards:
(1) Provide 24-hour front desk personnel.
(2) Require credit card payments_ for all transactions.
(3) Perform criminal background checks on all employees.
Install and operate surveillance cameras with recorders in all parking lots and common areas
for 24 hours per day, seven days per week.
Ordinance No. 21- Page 7 of 9
(5) Install lighting in all common areas providing a minimum of 1.5 foot-candles at ground
(6) Maintain a daiiy key log. For each key that is found to be missing, the corresponding lock must
be re -keyed prior to the room being rented.
(7) Hold semi-annual employee training sessions on reducing crime, assisted by the Federal Way
police department.
.(8) Issue parking_passes to all vehicles allowed to park on the premises, with each pass narked
with date of issuance and expiration.
(9) Follow Crime Prevention Through Environmental Design (OPTED) standards for landscaping
and plant maintenance.
(1 Q) Prohibit rental of rooms for less than a six -hour period.
01) Submit to scheduled semi-annual audits by the Federal Way police department to verify
compliance with the above -referenced requirements. and to receive additional feedback and
recommendations regarding reducing criminal activity on the premises.
Section '). Severability. 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 4. 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.
Ordinance No. 21- Page 8 of 9
Section 5. Ratification. Any act consistent with the authority and prior to the effective date
of this ordinance is hereby ratified and affirmed.
Section 6. 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
2021.
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. 21- Page 9 of 9