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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 vz:k� 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. Dq,4pr 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. 40R�T 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 $2,239,639.60 and authorize the Mayor to execute the contract. assess sg¢88 RS 8g8g8$p8 $$ 8p8g888 8 88q sea 8 8_Si $v8 p$p58�885$� 9 i5 p$p8 ]SF;if Qasagaa FS NO qq8 %I,,WKF:.. pap p$pB Y: R NW Q8p88 K p$p8{88 5F p8p pBBS u'l'l .p y8p8pp m � p8p t5C$-flog pBp q88 ¢8888 p8p88�$a_ qg.. �[9 pW p8p YA' a8a p8p p8p Myf Sa "� "G�ceaZME-as~"~_•' sa �a sm:._a a����.s�aa� a xa a' �w $$yyy❑Er¢S¢ 888y58�8y888 8 5i$L$L8 $88y8yp$p8 •y$y@8@$qg$8 W888555ryyypSBB R888B as pp8888 tl� Si gq888Q84p$pB dBSS` y8y 58888 C 213{x.T R~ �S Cis �:i^ •���rEi�� g88a wC y8p858�8p$8g888$8a Li li, gma. � F ggGs�•"LlSH fl ida q gas ,i N'� 88g8 88~$8$p 8a 8$$a $ 8888 88$.$8$ $a $$U8.8gqS$ $$ 88888$R$888 8 888 888 a$88 $ $$ 8a$8a 8 .. 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ESE 8 .. R $ 8a8.Bass 88888x; a688 $p8888 8898 S^p Be u 88888 8 $8 8889 $888 $888 aya8 8 lg 8v - 8 aF,'8$ $ .$888o 8 $8 s8a8 8$ 88 8Ro B . c �wNr R4» «S.» .. :. .m y[^apt[ ^$»� o p Ua 13 � EE .. "ryAar aB$F388 8g6g8 8 IIESE 88888$8$gR $Y 8 8. 3 U < 0 ^ ^nn w � n ;p lnW xmEx 8 8$88888 8 8g8g8 8 a$ P-W g �ba@oo$ r4' s w . v �LL� � •:8� M _ � Sz. $w u - - <�pz i e zg .— jh 3g8 i h; 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