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2025-01-28 Council PacketAgenda Edmonds City Council REGULAR MEETING COUNCIL CHAMBERS 250 5TH AVE NORTH, EDMONDS, WA 98020 JANUARY 28, 2025, 7:00 PM REGULAR COUNCIL MEETINGS BEGINNING AT 7:00 PM ARE STREAMED LIVE ON THE COUNCIL MEETING WEBPAGE, COMCAST CHANNEL 21, AND ZIPLY CHANNEL 39. TO ATTEND VIRTUALLY, CLICK ON OR PASTE THE FOLLOWING ZOOM MEETING LINK INTO A WEB BROWSER USING A COMPUTER OR SMART PHONE: HTTPS://ZOOM.US/J/95798484261 BY PHONE: +1 253 215 8782 WEBINAR ID: 957 9848 4261 CALL TO ORDER/FLAG SALUTE 2. LAND ACKNOWLEDGEMENT WE ACKNOWLEDGE THE ORIGINAL INHABITANTS OF THIS PLACE, THE SDOHOBSH (SNOHOMISH) PEOPLE AND THEIR SUCCESSORS THE TULALIP TRIBES, WHO SINCE TIME IMMEMORIAL HAVE HUNTED, FISHED, GATHERED, AND TAKEN CARE OF THESE LANDS. WE RESPECT THEIR SOVEREIGNTY, THEIR RIGHT TO SELF-DETERMINATION, AND WE HONOR THEIR SACRED SPIRITUAL CONNECTION WITH THE LAND AND WATER. 3. ROLL CALL 4. PRESENTATIONS 1. Lunar New Year Edmonds Proclamation (5 min) 2. Mayor's Finance Update (10 min) S. APPROVAL OF THE AGENDA 6. AUDIENCE COMMENTS THIS IS AN OPPORTUNITY TO COMMENT REGARDING ANY MATTER NOT LISTED ON THE AGENDA AS CLOSED RECORD REVIEW OR AS A PUBLIC HEARING. SPEAKERS ARE LIMITED TO THREE MINUTES. PLEASE STATE CLEARLY YOUR NAME AND CITY OF RESIDENCE. IF USING A COMPUTER OR SMART PHONE, RAISE A VIRTUAL HAND TO BE RECOGNIZED. IF USING A DIAL - UP PHONE, PRESS *9 TO RAISE A HAND. WHEN PROMPTED, PRESS *6 TO UNMUTE. 7. RECEIVED FOR FILING 1. Claim for Damages for filing (0 min) 2. Appointment of Board and Committee Representatives for 2025 (0 min) Edmonds City Council Agenda January 28, 2025 Page 1 3. Presentation on Citywide Streetlight Study (0 min) 8. APPROVAL OF THE CONSENT AGENDA 1. Approval of Council Special Meeting Minutes January 7, 2025 2. Approval of Council Meeting Minutes January 7, 2025 3. Approval of Council Meeting Minutes January 14, 2025 4. Approval of payroll and benefit checks, direct deposit and wire payments. 5. Approval of claim checks and wire payment. 6. Frances Anderson Center Use Agreement - Olympic Ballet 7. Approval of Grant Award for Citywide Lighting Improvements 8. Approval of TIB Grant Award for Pedestrian Improvements on 7th Ave N from Bell St to SR-524 9. 2025 Animal Kenneling Services Agreement with PAWS (Progressive Animal Welfare Society) 10. Ordinance to update ECC 2.15.060 Judges pro tem 11. Employment Agreement - Executive Assistant to City Council 12. Adoption of Ordinance amending ECC 1.04 Council Meetings 9. COUNCIL BUSINESS 1. Extension of Interim Planning & Development Director Appointment (5 min) 2. Extension of Interim Public Works &Utilities Director Appointment (5 min) 3. Frances Anderson Center Investment Grade Audit (20 min) 4. Adoption of Interim Ordinance for STEP Housing (10 min) 5. Interfund Loan Utility Analysis (15 min) 6. Special Election Pro/Con Committees Criteria Review of Criteria and Appointment (25 min) 10. COUNCIL COMMENTS 11. MAYOR'S COMMENTS ADJOURNMENT Edmonds City Council Agenda January 28, 2025 Page 2 4.1 City Council Agenda Item Meeting Date: 01/28/2025 Lunar New Year Edmonds Proclamation Staff Lead: Carolyn LaFave Department: Mayor's Office Preparer: Carolyn LaFave Background/History Staff Recommendation Narrative Mayor Rosen will read a proclamation in honor of Lunar New Year Edmonds which will be celebrated on Saturday, February 1. Members of the Multicultural Edmonds Association will be on -hand to accept the proclamation and provide information on planned events for the celebration. Attachments: Lunar New Year Edmonds 2025 Packet Pg. 3 4.1.a 41 PrIorriamat,10111 City of Edmonds •Office of the Mayor LUNAR NEW YEAR EDMONDS 2025 WHEREAS; The City of Edmonds is proud to be home to residents and businesses from a wide variety of cultures around the world. We value that diversity as a source of strength; and WHEREAS; The City of Edmonds recognizes and celebrates the diversity of Asian Americans in our community and their valuable contributions to the economic, cultural, and artistic vitality of our city; and WHEREAS; Lunar New Year is celebrated by Asian cultures around the world and encompasses a wide variety of traditions and celebrations; and WHEREAS; Inclusion and representation in city recognized events and celebrations are vitally important so that ALL members of our community can feel accepted and connected in their city; and WHEREAS; Lunar New Year Edmonds is now recognized by the City of Edmonds as an annual celebration; NOW, THEREFORE, I, Mike Rosen, Mayor of the City of Edmonds, hereby proclaim February 1, 2025, as the date of the City's Lunar New Year celebration for the Year of the Snake. Mike R sen, Mayor — January 28, 2025 Packet Pg. 4 4.2 City Council Agenda Item Meeting Date: 01/28/2025 Mayor's Finance Update Staff Lead: Carolyn LaFave Department: Mayor's Office Preparer: Carolyn LaFave Background/History On July 2, 2024 the council voted to have a Mayor Update as an ongoing item on all regular meeting agendas. This was in response to a recommendation from the Mayor's Blue Ribbon Panel. Staff Recommendation No action, informational Narrative The Mayor, or another member of the administration, will answer questions about City finances that have been requested by council in advance and will also share actions related to the fiscal emergency that have transpired since the last update. When there is nothing new to report, this agenda item will be the opportunity to share that there is nothing new to report. Packet Pg. 5 7.1 City Council Agenda Item Meeting Date: 01/28/2025 Claim for Damages for filing Staff Lead: NA Department: Administrative Services Preparer: Marissa Cain Background/History N/A Staff Recommendation Acknowledge receipt of Claims for Damages for filing. Narrative Jennifer Deger Walnut Street ($17,403.75) Attachments: Claim for Damages - Jennifer Deger - for council Packet Pg. 6 JRECEI 7.1.a CITY OF EDMONDS CLAIM FOR DAMAGES FORM Over several rainy days iln December, including the evening of 12/19, water from the city street in front of my house P614h � ae g Received by City Please take note that Jennifer Deger , who currently resides at 621 Walnut Street mailing address 621 Walnut Street, Edmonds WA 98020 home phone # 4258906166 , work phone # same . and who resided at 621 Walnut Street at the time of the occurrence and whose date of birth is 1/17/67 . is claiming damages against the City of Edmonds in the sum of $ 17,403.75 arising out of the following circumstances listed below. N d DATE OF OCCURRENCE: various days in December 2024 TIME: various iD f° E LOCATION OF OCCURRENCE: 621 Walnut Street, Edmonds WA 98020 0 DESCRIPTION. J� '� '' CZ14A o*,+ 7ZS _ /�%._� �O�P 1 .� 1. Describe the conduct and circumstance that brought about the injury or damage. Also describe the injury or damage. U Over several rainy days in December 2024, including December 20th, water from the city street (Walnut) pooled in front of my house (which is the lowes _ spot on the street) and rushed over the curb into my property. The drain uphill at my neighbors did not catch the water. Water pushed into my hardscar = and through my retaining wall and down into my yard. Mud and gravel from above flooded my yard below, it broke the retaining wall, and flowed into my o crawl space and through my yard into my garage in the back. There is a sink hole under the hardscape at the front of my house. All of this will need to L be replaced, a new retraining wall built, a french drain installed and the mud cleaned up. I've attached the cost of repairing it and have hired the contrac i, will worsen and the wall completely fail if not fixed immediately. (attach an extra sheet for additional information, if needed) L d a� 2. Provide a list of witnesses, if applicable, to the occurrence including names, addresses, and phone numbers. o Chad Drangstveit - landscaper, 253-205-1895 m also showed the damage to Kyle and Adam at the City of Edmonds Public Works Dept c d 3. Attach copies of all documentation relating to expenses, injuries, losses, and/or estimates for repair. a� 4 Have you submitted a claim for damages to your insurance company? I called and its not coverfts No 0 If so, please provide the name of the insurance company: o and the policy #: E * * ADDITIONAL INFORMATION REQUIRED FOR AUTOMOBILE CLAIMS ONLY License Plate # Driver License # Type Auto (year) (make) (model) DRIVER: OWNER: Address: Address: Phone#: Phone#: Passengers: Name: Name: Address: Address: W Form Revised 04/09/2021 Pagel of 2 Packet Pg. 7 7.1.a This Claim form must be signed by the Claimant, a person holding a written power of attorney from the Claimant, by the attorney in fact for the Claimant, by an attorney admitted to practice in Washington State on the Claimant's behalf, or by a court -approved guardian or guardian ad litem on behalf of the Claimant. I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. Jan 6, 2025 621 Walnut Street, Edmonds WA King County gnature 4f Claimant 5 Date and place (residential address, city and county) Or Signature of Representative Date and place (residential address, city and county) Print Name of Representative Bar Number (if applicable) Please present the completed claim form to: City Clerk's Office City of Edmonds 121 51h Avenue North Edmonds, WA, 98020 8:00 a.m. to 4:30 p.m. E U Form Revised 04/09/2021 Page 2 of 2 Packet Pg. 8 7.2 City Council Agenda Item Meeting Date: 01/28/2025 Appointment of Board and Committee Representatives for 2025 Staff Lead: City Council Department: City Council Preparer: Beckie Peterson Background/History Each year the newly elected Council President has the responsibility to appoint members of the City Council to Council Committees, city boards, committees and commissions, and to a variety of outside board and committees. Recommendation N/A Narrative Council President Neil Tibbott will make the appointments for 2025. During the January 14 meeting, Council discussed and approved a new format for Committees, the January 28 agenda will include an ordinance to update ECC 1.04. The assignments to Council Committee reflect the new format. The first committee meeting under this format will meet February 18. City Boards, Committees and Commissions that are mandated to meet during 2025 and 2026 have a council liaison assigned. Attachments: Council Committee Assignments 2025 final Packet Pg. 9 7.2.a CITY COUNCIL 2025 COMMITTEE REPRESENTATIVES Committee of the Council Representative(s) Committee A (3) 3:00 PM on the 11t Tuesday of month — 90 minutes Chair: Dotsch Paine, Chen Committee B (3) 3:00 PM on the 3rd Tuesday of month — 90 minutes Chair: Nand Eck, Olson Committee of the Whole — 6:00 — 9:00pm on the 3rd Tuesday of month Finance, Council -wide topics and presentations, Training Chair: Tibbott Council Working Committee Legal Assessment Committee (2) established by ECC2.05.035 Tibbott, Paine City of Edmonds Boards, Committees and Commissions Council Liaisons for 2025 are assigned only to groups who are mandated to hold meetings. For those non -mandated groups who may be approved by the mayor or council vote to hold special meetings, the Council President will assign a councilmember with priority to the previously assigned liaison. Disability Board (Edmonds) Mayor appoints (meets quarterly) Chen and Eck Lodging Tax Advisory Committee (Edmonds) Olson Outside Boards/Commissions/Advisory Affordable Housing Alliance Alternate: Eck Dotsch Community Transit Paine Edmonds Chamber of Commerce Olson Lake Ballinger Work Group Nand PFD Oversight Committee (Edmonds) Olson Port of Edmonds 2nd and 41" Monday Chen Seashore Transportation Forum Paine SNOCOM 911 3rd Thursday Eck Snohomish County Tomorrow Alternate: Olson Nand Salmon Recovery — WRIA 8 Dotsch N O N 0 as c a� y 0_ a) a� a� E 0 U _ CU L 0 00 4- 0 _ a� E r c .3 a 0_ a c LO N 0 N N m E c .y a a� a� E 0 U 0 C 7 0 U c as E U a Packet Pg. 10 7.3 City Council Agenda Item Meeting Date: 01/28/2025 Presentation on Citywide Streetlight Study Staff Lead: Rob English Department: Engineering Preparer: Emiko Rodarte Background/History None. Staff Recommendation Presentation being provided for information. Narrative The City hired the consulting firm of Transpo Group to complete a Citywide Streetlight Study. The purpose of the study was to inventory streetlight data, evaluate lighting, identify gaps in lighting, develop a priority list of areas where lighting can be added, and establish streetlight standards. Data was collected from Snohomish County PUD, existing City owned streetlights and WSDOT owned streetlights. The data was added to the City's existing GIS mapping system. A high-level analysis was performed along with scoring based on criteria related to proximity to facilities with high pedestrian activity, street classification, accident history, gap length and number of lights within an intersection or mid -block crossing. Attachment 2 is a map of the higher priority areas where streetlights can be added. Attachments: Attachment 1 - Presentation Attachment 2 - Streetlight Map Packet Pg. 11 itk" • a 0, a 1� a W��, fie) t' Li '��• 1/ ' a%4►"'+�F Ate. Now /i/'i'.�i' January 21, 2025 Public Works Committee Meeting 010L4I= • Inventory existing streetlights • Evaluate lighting and identify gaps • Develop a priority list for lighting gaps • Establish streetlight standard AOR I EASSE E Data Collection • Created new GIS streetlight layer o Snohomish County PUD GIS datasets ■ Location (2,553) ■ Light fixture wattage ■ Model number IX9 i�l�. o City Data ■ City streetlights (196) ■ Location and type of fixture o W S D OT Data ■ WSDOT streetlights (145) ■ Location and type of fixture o Missing Data Analysis � • Transpo Group — High Level Analysi, o AG 132 Lighting Design Software o GIS Spatial Analysis to identify potenti gaps o Did not include light level readings o Assumptions based on standards for: ■ Mounting height ■ Arm length ■ Offset from pavement Street Segments & I ntersections/M id block o Proximity to facilities with high pedestrian activi ■ Schools ■ Parks ■ Transit stops ■ Commercial areas o Street Classification o Accident History ■ Accident history— Nighttime data o Gap Length (street segments only) o Number of lights (intersections/mid-block only) y� Lighting Prioritization Scoring o ID Intersection Scor( A 3rd Ave N / Bell Street 70 B Highway 99 / 236th St SW 70 C Highway 99 / 216th St SW 70 D Puget Drive / Olympic Ave 65 T, E 88th Ave W / 196th St SW 65' F Main Street / Railroad Street 65 G West Dayton Street / Railroad Ave 65 co H Highway 99 / 224th St SW 65 >% I Highway 99 / 230th St SW 65 J Highway 99 / 240th St SW 65 2 K SW Quadrant of SR-104 / Hwy 99 Interchange 65 N L SR-104 / 100th Ave W 65 a M Puget Drive / Olympic View Drive 60 N 80th Ave W / 196th St SW 60 cc E 0 9th Ave N / Capers Street 60 w P Sunset Ave / Main Street 60 a Q 212th St SW / 80th Ave W 60 R 212th St SW / 77th PI W 60 S 9th Ave N / Main Street 60 a T Highway 99 / 212th St SW 60 U SR-104 / 236th St SW 60 V SR-104 / 238th St SW 60 W Highway 99 / 228th St SW Packet Pg. 17 X Highway 99 / 244th St SW Lm or- §L--,c Highway 99 & 236 Ih St SW Score: 70 �0. y !N 171 �40ftftw An ■ All v Ab lJ Highway 99 & 216 Ih St SW Score: 70 _ ,.1 P . Gr J W. e .04V / �I Intersections Packet Pg. 20 Lighting Prioritization Scoring o ID Location Description Sc 9 ST-1 Highway 99 232nd St SW and 234th St SW E ST-2 Highway 99 south of 220th St SW E ST-3 Highway 99 south of 230th St SW E ST-4 Highway 99 north of 224th St SW E ST-5 Highway 99 236th St SW and 238th St SW E' ST-6 Highway 99 228th St SW and 230th St SW E a ST-7 SR-104 south of 238th St SW E CO ST-8 Highway 99 north of 236th St SW E ST-9 Highway 99 238th St SW and 240th St SW E ST-10 Highway 99 SR-104 and 244th St SW E 2 ST-11 SR-104 north of 238th St SW E ST-12 SR-104 west of 100th Ave W E a ST-13 Highway 99 south of 224th St SW E ST-14 212th St SW east of 80th Ave W E ST-15 228th St SW west of Highway 99 E r ST-16 236th St SW west of Highway 99 E a ST-17 Sunset Ave S Main Street and Dayton Street ST-18 76h Ave W north of 212th St SW ST-19 236th St SW east of Highway 99 a ST-20 3rd Ave N south of Bell Street ST-21 212th St SW west of Highway 99 ST-22 W Dayton St west of SR-104 5o ST-23 Main Street west of 9th Ave PacketPg.21 ST-24 3rd Ave N south of Caspers Street Street Segments 7 7.3.a a ++ C • Harb-or E Taus • R Packet Pg. 22 Q Street Segments Next Steps • Safety Action Plan o Study top priority locations, identify lighting improvements • Opportunities w/ Existing PUD Poles • Future Grant Funding o Data already used to secure $700,000 Highway Safety Improvement Program grant (2024) o Study helped to identify locations • Continued Management o Continue to inventory new lighting in GIS data base Questions ? WOODWAY U) --- City w Park Q w a ❑ C Co ❑ 02 w z I w Co F_ 244TH ST SW MEADD,n. 196TH ST SW 212TH ST SW Meadowdale Beach Park 176TH ST SV 180TH ST w Q � v N 188TH ST SW YNNWOOD L Cz d 3 w Q Q � 00 t Co � as 200TH ST SW +r d d N 204TH Sl E 208TH ST SW Q C d t —I w Q I� H PIS SW 228TH ST SW I I MOUNT�-AKI TERRA m� 235TH PL SW �- m LAKE BALLINGER WAY 244TH ST SW Q 8.1 City Council Agenda Item Meeting Date: 01/28/2025 Approval of Council Special Meeting Minutes January 7, 2025 Staff Lead: Council Department: City Clerk's Office Preparer: Scott Passey Background/History N/A Recommendation Approval of Council Meeting minutes as part of the Consent Agenda. Narrative Council meeting minutes are attached. Attachments: 2025-01-07 Council Special Minutes Packet Pg. 27 8.1.a EDMONDS CITY COUNCIL SPECIAL MEETING ACTION MINUTES January 7, 2025 ELECTED OFFICIALS PRESENT STAFF PRESENT Mike Rosen, Mayor Vivian Olson, Councilmember Chris Eck, Councilmember Will Chen, Councilmember Neil Tibbott, Council President Michelle Dotsch, Councilmember Susan Paine, Councilmember Jenna Nand, Councilmember GUESTS Jesse Salomon, State Senator, Dist. 32 Strom Peterson, State Representative, Dist. 21 Lauren Davis, State Representative, Dist. 32 Marko Liias, State Senator, Dist. 21 1. CALL TO ORDER Scott Passey, City Clerk Beckie Peterson, Council Executive Assistant Todd Tatum, CCED Director Shane Hope, PDS Director Phil Williams, PW Director Michelle Bennett, Police Chief Debbie Mungia, City Lobbyist The City Council Special meeting was called to order at 5:35 pm by Mayor Rosen in the Brackett Room of City Hall, located at 121 - 5th Avenue North, Edmonds, WA. 2. COUNCIL BUSINESS 1. 2025 STATE LEGISLATIVE RECEPTION The city's legislative delegation outlined their legislative agenda for the upcoming 2025 session. Discussion revolved around the following issues: • Civil protection orders aimed at impaired drivers • Issues related to pretrial release of crime suspects • Ensuring adequate supervision of those released in community custody • The 1% cap on property tax increases / aligning property tax increases to Consumer Price Index (CPI) Edmonds City Council Action Minutes January 7, 2025 Page 1 Packet Pg. 28 8.1.a Questions and discussions followed surrounding the need for additional prosecuting attorney resources, and ways to address the "revolving door" of crime. Director Tatum, Mayor Rosen, and Council President Tibbott outlined the city's legislative priorities, including: • Highway 99 Revitalization Project • Edmonds Marsh • City revenue options to expand general revenue • Behavioral health and public safety • Indigent defense standards • Increase housing supply and support measures that increase housing stability • Support for Tax Increment Financing (TIF) • Addressing impacts of state environmental and housing legislation on cities • Promoting funding and programs to respond to the impacts of state legislation, especially watershed health and restoration. • Addressing impacts of the lowest bidder requirements • Allowing retired law enforcement officers to return to service • Reducing impacts of vexatious requests and litigation caused by the Washington State Public Records Act. ADJOURNMENT The council meeting was adjourned at 6:45 pm. Edmonds City Council Action Minutes January 7, 2025 Page 2 Packet Pg. 29 8.2 City Council Agenda Item Meeting Date: 01/28/2025 Approval of Council Meeting Minutes January 7, 2025 Staff Lead: Council Department: City Clerk's Office Preparer: Scott Passey Background/History N/A Recommendation Approval of Council Meeting minutes as part of the Consent Agenda. Narrative Council meeting minutes are attached. Attachments: 2025-01-07 Council Minutes Packet Pg. 30 8.2.a EDMONDS CITY COUNCIL MEETING ACTION MINUTES January 7, 2025 ELECTED OFFICIALS PRESENT Mike Rosen, Mayor Chris Eck, Councilmember Will Chen, Councilmember Neil Tibbott, Council President Michelle Dotsch, Councilmember Vivian Olson, Councilmember Susan Paine, Councilmember Jenna Nand, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Shane Hope, Acting Planning & Dev. Dir. Jeff Taraday, City Attorney Scott Passey, City Clerk The Edmonds City Council meeting was called to order at 7:03 pm by Mayor Rosen in the Council Chambers, 250 5t' Avenue North, Edmonds, and virtually. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Councilmember Eck read the City Council Land Acknowledgement Statement. 3. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present. 5. APPROVAL OF AGENDA COUNCILMEMBER PAINE MOVED APPROVAL OF THE AGENDA. COUNCILMEMBER DOTSCH PULLED ITEM 8.12, WHICH WAS PLACED AS NEW ITEM 9.5. COUNCILMEMBER PAINE MOVED TO ADD AN EXECUTIVE SESSION AS NEW ITEM 12. MOTION CARRIED UNANIMOUSLY. MAIL MOTION TO APPROVE THE AGENDA AS AMENDED CARRIED UNANIMOUSLY. 4. PRESENTATION MAYOR'S FINANCE UPDATE Mayor Rosen reported on recent activity regarding the Finance Director recruitment. 6. AUDIENCE COMMENTS 1. Janet Phillips, Edmonds, spoke in favor of maintaining the Edmonds police department. Edmonds City Council Minutes January 7, 2025 Page 1 Packet Pg. 31 8.2.a 2. Daniela Mihali, Edmonds, spoke in support of maintaining the Edmonds police department. Sarah Sullivan, Edmonds, spoke in favor of preserving the gymnastics program for autistic children. 7. RECEIVED FOR FILING 1. WRITTEN PUBLIC COMMENTS 8. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER OLSON MOVED APPROVAL OF THE CONSENT AGENDA AS AMENDED. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES DECEMBER 3, 2024 2. APPROVAL OF COUNCIL MEETING MINUTES DECEMBER 3, 2024 3. APPROVAL OF ADJOURNED REGULAR MEETING MINUTES DECEMBER 4, 2024 4. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES DECEMBER 10, 2024 5. APPROVAL OF COUNCIL MEETING MINUTES DECEMBER 10, 2024 6. APPROVAL OF COUNCIL 5:30 SPECIAL MEETING MINUTES DECEMBER 17, 2024 7. APPROVAL OF COUNCIL 7:00 SPECIAL MEETING MINUTES DECEMBER 17, 2024 8. CLAIM FOR DAMAGES FOR FILING 9. APPROVAL OF PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS. 10. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENTS. 11.2025 LEGISLATIVE AGENDA 9. COUNCIL BUSINESS REVIEW OF DEVELOPMENT CODE UPDATES Shane Hope, Acting Planning & Development Services Director, outlined development code updates the city must address in 2025, including middle housing, residential zoning and subdivision regulations, design standards, review process, multifamily housing, and critical areas regulations. 2. POTENTIAL ACTION ON INTERIM ORDINANCE FOR NEIGHBORHOOD CENTERS AND HUBS Acting Director Hope discussed the city's development codes and upcoming legislative actions. She highlighted the need to update the comprehensive plan, implement neighborhood centers and hubs, address middle housing requirements, critical area regulations and co -living housing codes, and the importance of public outreach. She outlined the interim ordinance for neighborhood centers and hubs, which aims to provide capacity for housing needs identified in the comprehensive plan. Following adoption, public hearings, community meetings, and the eventual transition to a more permanent code will occur. COUNCILMEMBER OLSON MOVED APPROVAL OF THE INTERIM ORDINANCE ON NEXT WEEK'S CONSENT AGENDA. COUNCILMEMBER OLSON MOVED TO AMEND BY ADDING THE FOLLOWING SENTENCE TO THE "HEIGHT" SUBSECTION OF 16.120.050 AT THE END OF SUBSECTIONS A, B, AND C: "HOWEVER, FOR ANY LOT ABUTTING OR IMMEDIATELY ACROSS THE STREET FROM A SINGLE FAMILY ZONE, THE HEIGHT OF ANY DEVELOPMENT THAT IS WITH 20 FEET OF THE PROPERTY LINE SHALL BE NO GREATER THAN 30 FEET." Edmonds City Council Minutes January 7, 2025 Page 2 Packet Pg. 32 8.2.a Following Council discussion, A VOTE WAS TAKEN ON THE MOTION, WHICH CARRIED UNANIMOUSLY. COUNCILMEMBER PAINE MOVED TO AMEND ECDC 16.120.100B MOTOR VEHICLES AS FOLLOWS: B. For a multiple dwelling, off-street parking is required at a ratio of: 1. At least 47.0 0_5 parking space per unit with less than 800 square feet living space; 2. At least 4-.251_0 parking spaces per unit with 800-1200 square feet of living space; 3. At least 4-.751.25 parking spaces per unit with more than 1200 square feet of living space. Following Council discussion, A VOTE WAS TAKEN ON THE MOTION, WHICH FAILED 2-5, WITH COUNCILMEMBERS PAINE AND ECK VOTING IN FAVOR. COUNCILMEMBER DOTSCH MOVED TO AMEND ECDC 16.120.010E AS FOLLOWS: E. Where this chapter conflicts with any other, this chapter shall prevail for the designated centers and hubs, except those in the previously adopted Westgate District. Following Council discussion, A VOTE WAS TAKEN ON THE MOTION, WHICH FAILED 2-5, WITH COUNCILMEMBER DOTSCH AND COUNCIL PRESIDENT TIBBOTT VOTING IN FAVOR. COUNCILMEMBER DOTSCH MOVED TO AMEND ECDC 16.120.040A, USES, AS FOLLOWS: A. Permitted primary uses are one or more of the following: multiple dwellings, single-family dwellings , 2025 and on the footprint,same building other forms of... Following Council discussion, A VOTE WAS TAKEN ON THE MOTION, WHICH FAILED 2-5, WITH COUNCILMEMBERS DOTSCH AND NAND VOTING IN FAVOR. Following comments by Councilmember Dotsch, COUNCIL PRESIDENT TIBBOTT CALLED A POINT OF ORDER, STATING THAT A MOTION IS IN ORDER FOR DISCUSSION TO CONTINUE. COUNCILMEMBER DOTSCH MOVED TO AMEND ECDC 16.120.040E AS FOLLOWS: E. Multifamily housing that is developed with more than twenty units shall provide ground floor commercial space that is equal to at least ten fifty percent of the ground floor footprint. Following continued discussion, COUNCILMEMBER ECK MOVED TO CALL THE QUESTION. MOTION CARRIED UNANIMOUSLY. A VOTE WAS TAKEN ON THE MOTION TO AMEND ECDC 16.120.040E, WHICH FAILED 1- 6, WITH COUNCILMEMBER DOTSCH VOTING IN FAVOR. Edmonds City Council Minutes January 7, 2025 Page 3 Packet Pg. 33 8.2.a A VOTE WAS TAKEN ON THE MAIN MOTION TO ADOPT THE INTERIM ORDINANCE AS AMENDED ON THE NEXT CONSENT AGENDA, WHICH CARRIED 6-1, WITH COUNCILMEMBER DOTSCH VOTING AGAINST. 3. INTERIM ORDINANCE FOR STEP HOUSING (FILE AMD2024-0006) Acting Director Hope outlined the need for various forms of housing, including permanent supportive housing, transitional housing, emergency shelter, and emergency housing. She emphasized that state law requires cities to provide opportunities for these types of housing and that there is a need for different levels of income, abilities, and stability for vulnerable populations. She explained that the city's budget and other processes didn't allow for this, but an interim ordinance could be implemented to allow for step housing. She outlined the next steps, including public hearings and community outreach, with the aim of having a longer -term version of the code by spring 2025. COUNCILMEMBER NAND MOVED ADOPTION OF THE INTERIM ORDINANCE FOR STEP HOUSING AS INCLUDED IN THE COUNCIL PACKET. Council members discussed the ordinance, with some expressing support and other concern. COUNCIL PRESIDENT TIBBOTT MOVED TO AMEND THE MOTION TO PLACE THE INTERIM ORDINANCE ON NEXT WEEK'S CONSENT AGENDA. FOLLWING DISCUSSION, A VOTE WAS TAKEN ON THE MOTION, WHICH CARRIED 4-3, WITH COUNCILMEMBERS ECK, PAINE, AND NAND VOTING AGAINST. 4. RESOLUTION CALLING FOR A SPECIAL ELECTION CONCERNING ANNEXATION INTO SOUTH SNOHOMISH COUNTY FIRE AND RESCUE REGIONAL FIRE AUTHORITY COUNCILMEMBER OLSON MOVED APPROVAL OF THE RESOLUTION CALLING FOR A SPECIAL ELECTION CONCERNING ANNEXATION INTO SOUTH SNOHOMISH COUNTY FIRE AND RESCUE REGIONAL FIRE AUTHORITY. Following discussion, Jeff Taraday, City Attorney, stated his intention to strike the last bullet point in the explanatory statement related to the level of service because he is legally responsible for it. Christy Veley, South County Fire Communications Director, participating remotely, was invited to comment on the resolution. COUNCILMEMBER NAND MOVED TO AMEND THE RESOLUTION TO CHANGE THE "NO" to "No" ON THE BALLOT TO ALIGN WITH THE FORMATTING OF THE "Yes". MOTION CARRIED UNANIMOUSLY. 5. RATIFICATION OF EMPLOYEE SEPARATION AGREEMENTS COUNCILMEMBER DOTSCH MOVED TO RATIFY THE EMPLOYEE SEPARATION AGREEMENTS. MOTION CARRIED 6-0, COUNCILMEMBER DOTSCH ABSTAINING. 10. COUNCIL COMMENTS Edmonds City Council Minutes January 7, 2025 Page 4 Packet Pg. 34 8.2.a Councilmembers commented on various issues. 11. MAYOR'S COMMENTS Mayor Rosen provided comments. 12. EXECUTIVE SESSION Mayor Rosen announced that the Council would recess into Executive Session to discuss pending or potential litigation per RCW 42.30.110(1)(i) until 9:51 pm. Mr. Taraday noted there is a possibility of action following the Executive Session. At 9:51 pm, Mayor Rosen announced the Executive Session would be extended until 10:00 pm. 13. RECONVENE IN OPEN SESSION At 10:00 pm., Council reconvened in open session. MEETING EXTENSION COUNCILMEMBER OLSON MOVED TO EXTEND THE MEETING UNTIL 10:10 PM. MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER TIBBOTT MOVED TO AUTHORIZE THE MAYOR TO SIGN THE SETTLEMENT AGREEMENT IN THE PRUITT MATTER. MOTION CARRIED UNANIMOUSLY. ADJOURNMENT r The meeting was adjourned at 10:01 pm. Edmonds City Council Minutes January 7, 2025 Page 5 Packet Pg. 35 8.3 City Council Agenda Item Meeting Date: 01/28/2025 Approval of Council Meeting Minutes January 14, 2025 Staff Lead: Council Department: City Clerk's Office Preparer: Scott Passey Background/History N/A Recommendation Approval of Council Meeting minutes as part of the Consent Agenda. Narrative Council meeting minutes are attached. Attachments: 2025-01-14 Council Minutes Packet Pg. 36 8.3.a EDMONDS CITY COUNCIL MEETING ACTION MINUTES January 14, 2025 ELECTED OFFICIALS PRESENT STAFF PRESENT Mike Rosen, Mayor Shane Hope, Acting Planning & Dev. Dir. Chris Eck, Councilmember Jeff Taraday, City Attorney Will Chen, Councilmember Scott Passey, City Clerk Neil Tibbott, Council President Kim Dunscombe, Acting Finance Director Michelle Dotsch, Councilmember Phil Williams, Public Works Director Vivian Olson, Councilmember Rob English, City Engineer Susan Paine, Councilmember Jenna Nand, Councilmember 1. CALL TO ORDER/FLAG SALUTE The Edmonds City Council meeting was called to order at 7:00 pm by Mayor Rosen in the Council Chambers, 250 51h Avenue North, Edmonds, and virtually. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Councilmember Olson read the City Council Land Acknowledgement Statement. 3. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present. 4. PRESENTATIONS 1. MARTIN LUTHER KING JR. DAY PROCLAMATION Mayor Rosen read the proclamation and presented it to Donnie Griffin and Michelle Bear, who each spoke about Martin Luther King Jr.'s legacy of love, justice, and transcendence of racial and political divides. 2. RESOLUTION OF APPRECIATION FOR SERVICE AS COUNCIL PRESIDENT — VIVIAN OLSON Councilmember President Tibbott read the resolution thanking Vivian Olson for her service as Council President and presented it to Councilmember Olson. Edmonds City Council Minutes January 14, 2025 Page 1 Packet Pg. 37 8.3.a 3. MAYOR'S FINANCE UPDATE Mayor Rosen reported on 2024 year-to-date revenues, noting shortfalls in January due to required annual expenditures in the first part of the year. 5. APPROVAL OF AGENDA COUNCILMEMBER PAINE MOVED APPROVAL OF THE AGENDA. COUNCILMEMBER OLSON MOVED TO ADD NEW ITEM 9.1 RECONSIDERATION OF MOTION AUTHORIZING THE MAYOR TO SIGN THE SETTLEMENT AGREEMENT IN THE PRUITT MATTER. MOTION TO AMEND THE AGENDA CARRIED UNANIMOUSLY. COUNCIL PRESIDENT TIBBOTT MOVED TO ADD AN HUMAN RESOURCES ITEM AS ITEM 9.7. MOTION TO AMEND THE AGENDA CARRIED UNANIMOUSLY. COUNCILMEMBER DOTSCH PULLED ITEM 8.8 ORDINANCE ON NEIGHBORHOOD CENTERS AND HUBS FROM CONSENT, WHICH WAS ADDED AS ITEM 9.8. COUNCIL PRESIDENT TIBBOTT MOVED TO PULL ITEM 8.8 ORDINANCE ON STEP HOUSING AND MOVE TO A FUTURE AGENDA. MOTION CARRIED 5-2 WITH COUNCILMEMBERS ECK AND NAND VOTING AGAINST. MAIN MOTION TO APPROVE THE AGENDA AS AMENDED CARRIED UNANIMOUSLY. 6. AUDIENCE COMMENTS 1. Roger Pence, Edmonds, spoke favorably about Councilmember Olson's service as Council president. 2. Deborah Arthur, Edmonds, spoke in support of Martin Luther King Jr.'s legacy and touched on themes of unity and love. 7. RECEIVED FOR FILING 1. WRITTEN PUBLIC COMMENTS 2. COUNCIL AFFIRMATION OF CODE OF CONDUCT AND CODE OF ETHICS Edmonds City Council Minutes January 14, 2025 Page 2 Packet Pg. 38 8.3.a 8. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER OLSON MOVED APPROVAL OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES NOVEMBER 21, 2024 2. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES NOVEMBER 25, 2024 3. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES NOVEMBER 26, 2024 4. APPROVAL OF COUNCIL MEETING MINUTES NOVEMBER 26, 2024 5. APPROVAL OF PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS. 6. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENT. 7. RESOLUTION OF APPRECIATION FOR SERVICE AS COUNCIL PRESIDENT - VIVIAN OLSON 9. COUNCIL BUSINESS 1. RECONSIDERATION OF MOTION AUTHORIZING THE MAYOR TO SIGN THE SETTLEMENT AGREEMENT IN THE PRUITT MATTER. COUNCILMEMBER OLSON MOVED TO RECONSIDER THE DECISION TO AUTHORIZE THE MAYOR TO SIGN THE SETTLEMENT AGREEMENT IN THE PRUITT MATTER. MOTION CARRIED 6-0, WITH COUNCILMEMBER OLSON ABSTAINING. COUNCILMEMBER OLSON MOVED TO AUTHORIZE THE MAYOR TO SIGN THE SETTLEMENT AGREEMENT IN THE PRUITT MATTER. MOTION CARRIED 6-0, WITH COUNCILMEMBER OLSON ABSTAINING. 2. PLANNING BOARD UPDATE Jeremy Mitchell and Lee Hankins, Planning Board Chair, provided an update on Planning Board activities, which included Comprehensive Plan work, parking issues, parks acquisition/development, and subcommittee work on special projects. They also reported on 2025 goals, which include coordination with the Planning Dept. on Comp Plan implementation and requested council's preferred focus areas and/or special interests. Council expressed interest in the following areas: Balance what is required now with what will help future residents Ensure compliance with state mandated deadlines Edmonds City Council Minutes January 14, 2025 Page 3 Packet Pg. 39 8.3.a • Critical areas ordinance updates • Permit process improvements • Explore efficiencies in Planning Board and Council review processes • Transition zones, center & hubs, especially Hwy 99 • Hwy 99 placemaking committee • Disaster preparedness for new and existing buildings • Subsidized housing for vulnerable populations • Public engagement on neighborhood centers and hubs • Architectural Design Board assistance with multifamily design standards 3. ORDINANCE TO AMEND ECDC 18.00.050 AND 18.00.060 Rob English, City Engineer, presented an ordinance to amend ECDC 18, which makes the city compliant with state law requiring public works contracts to contain 50% total labor hours done by apprentices based on estimated project costs. The law applies to all projects estimated at $2 million and above. He concluded his presentation by commenting on the potential challenges, including lack of apprentices, displacing existing contractor workforce, and change orders that deduct apprentice work. Sharon Cates, City Attorney, responded to council questions and comments. COUNCILMEMBER ECK MOVED ADOPTION OF THE ORDINANCE TO AMEND ECDC 18.00.050 AND 18.00.060. Following Council discussion, MOTION CARRIED UNANIMOUSLY. 4. INTERFUND LOAN ORDINANCE Kim Dunscombe, Acting Finance Director, explained the need to adopt an ordinance regarding the interfund loan, which was part of the 2025-2026 budget adoption. COUNCILMEMBER CHEN MOVED ADOPTION OF THE INTERFUND LOAN ORDINANCE AS INCLUDED IN THE COUNCIL PACKET. COUNCILMEMBER CHEN MOVED TO AMEND THE 6TH WHEREAS CLAUSE TO INSERT "AND UTILITY FUND RESERVE REQUIREMENTS." MOTION TO AMEND CARRIED UNANIMOUSLY. COUNCILMEMBER CHEN MOVED TO AMEND SECTION 5 AS FOLLOWS: "THE COUNCIL HAS FURTHER DETERMINED THAT WE REQUIRE THE UTILITY FUNDS RETAIN SUFFICIENT RESERVES TO MEET OPERATIONAL AND LEGAL OBLIGATIONS THROUGHOUT THE TERM OF THE LOAN." MOTION TO AMEND CARRIED UNANIMOUSLY. COUNCILMEMBER DOTSCH MOVED TO INSERT THE FOLLOWING INTO SECTION 1: Edmonds City Council Minutes January 14, 2025 Page 4 Packet Pg. 40 8.3.a 1. Loan Details: o Loan Amount: Up to $6,000,000 (drawn as needed by the General Fund). o Interest Rate: Determined at the time of each draw. o Year 1 (2025): No payments of principal or interest. o Year 2 (2026): Monthly payments of principal and interest begin. o Year 3 (2027): Loan repaid in full by 12/31/2027. 2. Assumptions: o An amount up to, not to exceed, $6 million will be drawn by the end of 2025. o Simple interest will be calculated using actual rates at the time of a draw and will vary. o Payments in 2026 and 2027 are calculated to amortize the loan completely by 12/31/2027. o The loan can be paid in full at any time. 3. Repayment Schedule: o Year 1 (2025) 1. No payments are made o Year 2 (2026) 1. Monthly payments of principal and interest begin in January 2. Payments will cover the simple accrued interest from Year 1 and principal 3. The annual payment amount for 2026 is calculated to be approximately 50% of the total repayment amount. o Year 3 (2027) 1. Monthly payments continue to ensure full repayment by December 31, 2027. Councilmembers spoke for and against the motion. Following discussion, MOTION TO AMEND CARRIED 4-3, WITH COUNCILMEMBERS ECK, PAINE, AND NAND VOTING AGAINST. COUNCIL PRESIDENT TIBBOTT MOVED TO SUSPEND COUNCIL RULES REQUIRING TWO READINGS FOR ORDINANCES TO ALLOW FINAL PASSAGE TONIGHT. MOTION CARRIED UNANIMOUSLY. MOTION ADOPTING THE INTERFUND LOAN ORDINANCE AS AMENDED CARRIED UNANIMOUSLY. 5. ORDINANCE AUTHORIZING FULL TIME EQUIVALENTS (FTES) Kim Dunscombe, Acting Finance Director, presented the ordinance authorizing FTEs, noting that it corresponds with salaries and benefits approved in the adopted budget. Edmonds City Council Minutes January 14, 2025 Page 5 Packet Pg. 41 8.3.a COUNCILMEMBER PAINE MOVED APPROVAL OF THE ORDINANCE AUTHORIZING FULL TIME EQUIVALENTS ON A FUTURE CONSENT AGENDA. COUNCILMEMBER OLSON MOVED TO STRIKE "COUNCIL LEGISLATIVE ADMINISTRATIVE ASSISTANT" FROM ATTACHMENT B BECAUSE IT'S INCLUDED IN ATTACHMENT A. MOTION TO AMEND CARRIED UNANIMOUSLY. MAIN MOTION TO ADOPT THE ORDINANCE AS AMENDED ON A FUTURE CONSENT AGENDA CARRIED UNANIMOUSLY. 6. EXTENSION OF INTERIM FINANCE DIRECTOR APPOINTMENT Jessica Neill Hoyson, Human Resources Director, explained that council must approve an extension of the Acting Finance Director appointment for an additional six months or until a new finance director is appointed. COUNCIL PRESIDENT TIBBOTT MOVED TO EXTEND THE APPOINTMENT OF THE ACTING FINANCE DIRECTOR FOR AN ADDITIONAL SIX MONTHS. MOTION CARRIED UNANIMOUSLY. 7. WAIVING THE THREE CANDIDATE REQUIREMENT FOR INTERVIEWS FOR FINANCE DIRECTOR POSITION PER ECC 2.10.010(D) Jessica Neill Hoyson, Human Resources Director, explained that when there are not three candidates for an appointive position, the code permits the administration to request council interview two candidates, prior to the mayor's selection. There were three candidates, but one recently withdrew. The administration believes this to be in the best interest of the city, rather than risking loss of current candidates by conducting a new recruitment process. COUNCIL PRESIDENT TIBBOTT MOVED TO WAIVE THE THREE CANDIDATE REQUIREMENT AND PROCEED WITH TWO CANDIDATES TO BE INTERVIEWED BY THE CITY COUNCIL. MOTION CARRIED UNANIMOUSLY. 8. DISCUSSION OF PROPOSED CHANGES TO ECC 1.04 COUNCIL MEETINGS Council President Tibbott outlined proposed changes to council meeting times and formats as included in the council packet. His proposal included changing the time of regular meetings from 7 pm to 6 pm, allow council president to assign council seating, and creating a committee structure of two committees held on the first and third Tuesdays of each month, and a committee of the whole meeting on the Yd Tuesday of each month. COUNCIL PRESIDENT TIBBOTT MOVED TO DIRECT THE CITY ATTORNEY TO CREATE AN ORDINANCE AMENDING THE CITY'S REGULAR MEETING TIME TO REFLECT A 6 PM START TIME AND 9 PM ADJOURNMENT AND APPROVE COUNCIL SEATING ASSIGNMENTS ALTERNATING MONTHLY. Edmonds City Council Minutes January 14, 2025 Page 6 Packet Pg. 42 8.3.a There was council discussion for and against the motion. COUNCILMEMBER OLSON MOVED TO AMEND THE MOTION TO REMOVE THE COUNCIL SEATING ASSIGNMENT. MOTION TO AMEND FAILED 2-5, WITH COUNCILMEMBERS CHEN AND OLSON VOTING IN FAVOR. MAIN MOTION TO ADJUST THE START TIME TO 6 PM WITH ADJOURNEMNT AT 9 PM AND COUNCIL SEATING ASSIGNMENTS ALTERNATING MONTHLY CARRIED 6-1, WITH COUNCILMEMBER NAND VOTING AGAINST. COUNCIL PRESIDENT TIBBOTT MOVED TO REQUEST THE CITY ATTORNEY TO REVISE ECC 1.04 TO ACCOMPLISH THE PROPOSAL RELATED TO COUNCIL COMMITTEES. Following council discussion, COUNCILMEMBER DOTSCH MOVED TO AMEND THE COMMITTEE STARTING TIMES TO 3 PM. MOTION TO AMEND CARRIED UNANIMOUSLY. COUNCILMEMBER DOTSCH MOVED AN AMENDMENT TO INCLUDE PUBLIC COMMENTS TO COMMITTEE OF THE WHOLE MEETING AGENDAS. Following discussion, MOTION TO AMEND FAILED 3-4, WITH COUNCILMEMBERS CHEN, DOTSCH, AND OLSON VOTING IN FAVOR. MAIN MOTION RELATED TO COUNCIL COMMITTEES AS AMENDED CARRIED 6-1, WITH COUNCILMEMBER NAND VOTING AGAINST. COUNCIL PRESIDENT TIBBOTT MOVED TO DIRECT THE CITY ATTORNEY TO BRING FORWARD AN AMENDMENT TO ECC 1.04 REGARDING RESCHEDULING COUNCIL MEETINGS ON ELECTION DAYS. MOTION CARRIED UNANIMOUSLY. 9. ADOPTION OF INTERIM ORDINANCE FOR NEIGHBORHOOD CENTERS AND HUBS COUNCILMEMBER DOTSCH MOVED ADOPTION OF THE INTERIM ORDINANCE FOR NEIGHBORHOOD CENTERS AND HUBS. COUNCILMEMBER DOTSCH MOVED TO AMEND SECTIONS A, B, AND C OF ECC 15.120.050 SITE DEVELOPMENT STANDARDS AS FOLLOWS: "...However, for any lot abutting or immediately across the street from a single-family zone, the height of any developmen portion of a building that is within 20 feet of the property line shall be no greater than 30 feet under any circumstances, even where criteria for height exceptions, incentives or bonuses in this chapter are otherwise met.16.120.050 Site development standards." Edmonds City Council Minutes January 14, 2025 Page 7 Packet Pg. 43 8.3.a Shane Hope, Interim PDS Director, responded to questions. Following Council discussion on the amendment, MOTION TO AMEND CARRIED 6-1, WITH COUNCILMEMBER PAINE VOTING AGAINST. MAIN MOTION TO ADOPT THE INTERIM ORDINANCE FOR NEIGHBORHOOD CENTERS AND HUBS AS AMENDED CARRIED 6-1, WITH COUNCILMEMBER DOTSCH VOTING AGAINST. 10. COUNCIL COMMENTS Councilmembers commented on various issues. 11. MAYOR'S COMMENTS Mayor Rosen provided comments. MEETING EXTENSION COUNCILMEMBER PAINE MOVED TO EXTEND THE MEETING UNTIL 10:35 PM. MOTION CARRIED UNANIMOUSLY. 12. EXECUTIVE SESSION Mayor Rosen announced that the Council would recess into Executive Session to discuss pending or potential litigation per RCW 42.30.110(1)(i) until10:20 pm. At 10:20 pm, Mayor Rosen announced the Executive Session would be extended until 10:30 pm. 13. RECONVENE IN OPEN SESSION At 10:30 pm., Council reconvened in open session. COUNCILMEMBER OLSON MOVED TO AUTHORIZE THE MAYOR TO EXECUTE THE SETTLEMENT AGREEMENT WITH EEC AS MODIFIED PURSUANT TO DISCUSSIONS IN EXECUTIVE SESSION. MOTION CARRIED UNANIMOUSLY. ADJOURNMENT The meeting was adjourned at 10:30 pm. Edmonds City Council Minutes January 14, 2025 Page 8 Packet Pg. 44 8.4 City Council Agenda Item Meeting Date: 01/28/2025 Approval of payroll and benefit checks, direct deposit and wire payments. Staff Lead: Kimberly Dunscombe Department: Administrative Services Preparer: Lori Palmer Background/History Approval of direct deposit for $14,053.97 dated January 3, 2025, direct deposit for $4,936.36 dated January 7, 2025, payroll checks #66160 through #66162 for $2,349.67 and direct deposit for $9,657.81 dated January 14, 2025, payroll check #66163 for $4,320.74, direct deposit for $882,426.22 and benefit checks #66164 through #66171 and wire payments for $877,147.73 for the pay period of January 1, 2025 through January 15, 2025. Staff Recommendation Approval of payroll and benefit checks, direct deposit and wire payments. Narrative In accordance with the State statutes, City payments must be approved by the City Council. Ordinance #2896 delegates this approval to the Council President who reviews and recommends either approval or non -approval of payments. Attachments: 12-31-2024 payroll earnings summary report 01-07-2025 payroll earnings summary report 01-14-2025 payroll earnings summary - clothing allowance 01-01-2025 to 01-15-2025 payroll earnings summary 01-01-2025 to 01-15-2025 benefit checks summary Packet Pg. 45 8.4.a Payroll Earnings Summary Report City of Edmonds Pay Period: 1,227 (12/16/2024 to 12/31/2024) Hour Type Hour Class Description Hours Amount 170 REGULAR HOURS COUNCIL BASE PAY 700.00 11,936.19 191 REGULAR HOURS FIRE PENSION PAYMENTS 2.00 3,517.17 702.00 $15,453.36 Total Net Pay: $14,053.97 01 /16/2025 Page 1 Packet Pg. 46 8.4.b Hour Type Hour Class 174 REGULAR HOURS 175 REGULAR HOURS 01 /16/2025 Payroll Earnings Summary Report City of Edmonds Pay Period: 1,228 (01/07/2025 to 01/07/2025) Description COUNCIL PRESIDENTS PAY COUNCIL PAY FOR NO MEDICAL Hours Amount 0.00 341.00 0.00 5,356.68 0.00 $5,697.68 Total Net Pay: $4,936.36 Page 1 Packet Pg. 47 8.4.c Hour Type Hour Class 903 MISCELLANEOUS 01 /16/2025 Payroll Earnings Summary Report City of Edmonds Pay Period: 1,229 (01/14/2025 to 01/14/2025) Description CLOTHING ALLOWANCE Hours Amount 0.00 13,650.00 0.00 $13,650.00 Total Net Pay: $12,007.48 Page 1 Packet Pg. 48 8.4.d Payroll Earnings Summary Report City of Edmonds Pay Period: 1,172 (01/01/2025 to 01/15/2025) Hour Type Hour Class Description Hours Amount 112 ABSENT NO PAY NON HIRED 179.00 0.00 121 SICK SICK LEAVE 924.11 53,497.52 122 VACATION VACATION 623.00 34,258.36 123 HOLIDAY HOLIDAY HOURS 230.50 13,379.81 124 HOLIDAY FLOATER HOLIDAY 80.00 3,955.66 125 COMP HOURS COMPENSATORY TIME 134.39 7,422.05 128 HOLIDAY Holiday Bank WWTP 122.00 6,097.66 131 MILITARY MILITARY LEAVE 10.00 568.50 132 JURY DUTY JURY DUTY -4.50 -241.76 141 BEREAVEMENT BEREAVEMENT 24.00 1,352.46 150 REGULAR HOURS Kelly Day Used 124.50 7,694.70 152 COMP HOURS COMPTIME BUY BACK 2.26 86.46 153 HOLIDAY HOLIDAY BUY BACK 9.00 258.29 154 HOLIDAY FLOATER HOLIDAY BUY BACK 8.00 305.23 155 COMP HOURS COMPTIME AUTO PAY 31.00 1,982.05 157 SICK SICK LEAVE PAYOFF 456.08 22,497.14 158 VACATION VACATION PAYOFF 431.95 23,923.24 160 VACATION MANAGEMENT LEAVE 27.00 2,395.12 190 REGULAR HOURS REGULAR HOURS 16,901.10 940,601.03 194 SICK Emerqency Sick Leave 9.00 464.22 195 REGULAR HOURS ADMINISTRATIVE LEAVE 132.00 7,981.63 210 OVERTIME HOURS OVERTIME -STRAIGHT 121.50 8,063.73 215 OVERTIME HOURS WATER WATCH STANDBY 48.00 3,725.87 216 MISCELLANEOUS STANDBY TREATMENT PLANT 2.00 266.91 220 OVERTIME HOURS OVERTIME 1.5 187.00 18,840.16 225 OVERTIME HOURS OVERTIME -DOUBLE 31.50 3,333.77 400 MISCELLANEOUS MISC PAY 0.00 3,100.00 404 MISCELLANEOUS Medical Opt Out 0.00 300.00 410 MISCELLANEOUS WORKING OUT OF CLASS 0.00 1,193.78 411 SHIFT DIFFERENTIAL SHIFT DIFFERENTIAL 0.00 2,833.73 600 RETROACTIVE PAY RETROACTIVE PAY 0.00 6,420.44 602 COMP HOURS ACCRUED COMP 1.0 65.00 0.00 01/16/2025 Page 1 Packet Pg. 49 8.4.d Payroll Earnings Summary Report City of Edmonds Pay Period: 1,172 (01/01/2025 to 01/15/2025) Hour Type Hour Class Description Hours Amount 604 COMP HOURS ACCRUED COMP TIME 1.5 89.50 0.00 609 COMP HOURS Commander Standy Accrual 10.00 0.00 901 SICK ACCRUED SICK LEAVE 1.78 0.00 902 MISCELLANEOUS BOOT ALLOWANCE 0.00 18,000.00 acc MISCELLANEOUS ACCREDITATION PAY 0.00 300.58 acs MISCELLANEOUS ACCRED/POLICE SUPPORT 0.00 228.46 anc REGULAR HOURS Ancilary Duty Pay 0.00 276.61 anc2 REGULAR HOURS Ancilary Duty Pay 0.00 1,551.48 anc3 REGULAR HOURS Ancilary Duty Pay 0.00 1,842.24 boc MISCELLANEOUS BOC II Certification 0.00 244.78 cpl MISCELLANEOUS TRAINING CORPORAL 0.00 235.40 crt MISCELLANEOUS CERTIFICATION III PAY 0.00 122.39 det4 MISCELLANEOUS Detective 4% 0.00 1,351.04 ed1 EDUCATION PAY EDUCATION PAY 2% 0.00 963.08 ed2 EDUCATION PAY EDUCATION PAY 4% 0.00 890.94 ed3 EDUCATION PAY EDUCATION PAY 6% 0.00 12,690.00 fd1 REGULAR HOURS Furlouqh Day Non -Represented 134.60 9,448.91 hol HOLIDAY HOLIDAY 1,304.60 71,101.84 k9 MISCELLANEOUS K-9 Assiqnment 0.00 429.92 Ian MISCELLANEOUS LANGUAGE PAY 0.00 600.00 Iq1 LONGEVITY LONGEVITY PAY 2% 0.00 1,160.18 Ig11 LONGEVITY LONGEVITY PAY 2.5% 0.00 1,090.82 Ig12 LONGEVITY Longevity 9% 0.00 3,892.59 Ig13 LONGEVITY Longevity 7% 0.00 1,256.36 Ig14 LONGEVITY Longevity 5% 0.00 1,202.45 Iq2 LONGEVITY PAY LONGEVITY PAY 4% 0.00 171.92 Iq3 LONGEVITY PAY LONGEVITY 6% 0.00 298.53 Iq4 LONGEVITY Longevity 1% 0.00 1,143.95 Iq5 LONGEVITY Longevity 3% 0.00 4,082.57 Iq6 LONGEVITY Longevity .5% 0.00 29.43 Iq7 LONGEVITY Longevity 1.5% 0.00 927.83 mels SICK Medical Leave Sick 64.00 3,640.00 v> Y V d L w m Q c� 0 L �a a 4- 0 0 a a Q ca E E 3 N 8� a� 0 L a N 0 N LO r r 0 0 LO N 0 N r 0 0 _ m E s 0 01/16/2025 Page Q Packet Pg. 50 8.4.d Hour Type Hour Class Payroll Earnings Summary Report City of Edmonds Pay Period: 1,172 (01/01/2025 to 01/15/2025) Description Hours Amount pfmc COMP HOURS Paid Family Medical -Comp Used 16.50 617.46 pfmp ABSENT Paid Family Medical Unpaid/Sup 222.75 0.00 pfms SICK Paid FAMILY MEDICAL/SICK 37.75 1,675.23 pfmv VACATION Paid Family Medical Vacation 3.50 130.98 phy MISCELLANEOUS PHYSICAL FITNESS PAY 0.00 3,706.46 slw SICK SICK LEAVE ADD BACK -394.81 0.00 str MISCELLANEOUS PSET Serqeant 0.00 255.80 tac MISCELLANEOUS TAC Officer 0.00 214.96 to MISCELLANEOUS Traininq Officer 0.00 214.96 traf MISCELLANEOUS Traffic Officer - Car 0.00 462.12 vab VACATION VACATION ADD BACK 128.00 0.00 22,527.56 $1,323,010.03 Total Net Pay: $886,746.96 01/16/2025 Page Packet Pg. 51 P 8.4.e Benefit Checks Summary Report City of Edmonds Pay Period: 1,172 - 01/01/2025 to 01/15/2025 Bank: usbank - US Bank Check # Date Payee # Name Check Amt Direct Deposit 66164 01/17/2025 bpas BPAS 8,794.98 0.00 66165 01/17/2025 epoa2 EPOA-POLICE 8,640.00 0.00 66166 01/17/2025 epoa3 EPOA-POLICE SUPPORT 1,950.00 0.00 66167 01/17/2025 icma MISSIONSQUARE PLAN SERVICES 6,275.51 0.00 66168 01/17/2025 flex NAVIA BENEFIT SOLUTIONS 6,144.48 0.00 66169 01/17/2025 teams TEAMSTERS LOCAL 763 7,152.00 0.00 66170 01/17/2025 teamcom TEAMSTERS LOCAL 763 615.00 0.00 66171 01/17/2025 tx TEXAS CHILD SUPPORT SDU 166.50 0.00 39,738.47 0.00 Bank: wire - US BANK Check # Date Payee # Name Check Amt Direct Deposit 3781 01/17/2025 awc AWC 435,265.84 0.00 3787 01/17/2025 us US BANK 184,228.98 0.00 3788 01/17/2025 mebt WTRISC FBO #N3177B1 165,646.70 0.00 3790 01/17/2025 pb NATIONWIDE RETIREMENT SOLUTION 8,183.08 0.00 3791 01/17/2025 wadc WASHINGTON STATE TREASURER 42,994.66 0.00 3793 01/17/2025 oe OFFICE OF SUPPORT ENFORCEMENT 1,090.00 0.00 837,409.26 0.00 Grand Totals: 877,147.73 0.00 1 /16/2025 Pagi Packet Pg. 52 8.5 City Council Agenda Item Meeting Date: 01/28/2025 Approval of claim checks and wire payment. Staff Lead: Kimberly Dunscombe Department: Administrative Services Preparer: Nori Jacobson Background/History Approval of claim checks #265785 through #265924 dated January 15, 2025 for $2,296,362.70, claim checks #265925 through #265980 for $223,378.37 (re -issued check #265980 $232.05) and wire payment of $21,916.62. Staff Recommendation Approval of claim checks and wire payment. Narrative The Council President shall be designated as the auditing committee for the city council. The council president shall review the documentation supporting claims paid and review for approval by the city council at its next regular public meeting all checks or warrants issued in payment of any claim, demand or voucher. A list of each claim, demand or voucher approved and each check or warrant issued indicating the check or warrant number, the amount paid and the vendor or payee shall be filed in the city council office for review by individual councilmembers prior to each regularly scheduled public meeting. Attachments: Claim cks 01-15-25 Agenda copy Claim cks 01-22-25 Agenda copy Packet Pg. 53 8.5.a apPosPay Positive Pay Listing Page: 1 1/15/2025 3:23:41PM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 076040 911 SUPPLY INC 265785 1/15/2025 4,626.91 070322 A&A LANGUAGE SERVICES INC 265786 1/15/2025 700.00 000850 ALDERWOOD WATER DISTRICT 265787 1/15/2025 164,274.66 079794 ALI AL-SHAIBANI 265788 1/15/2025 17,500.00 074718 AQUATIC SPECIALTY SERVICES INC 265789 1/15/2025 950.00 071377 ARGUELLES, ERIN 265790 1/15/2025 286.00 078237 ARIAS, ADRIAN 265791 1/15/2025 260.00 001699 ASSOC OF WA CITIES 265792 1/15/2025 36,309.00 064341 AT&T MOBILITY 265793 1/15/2025 1,749.36 064807 ATS AUTOMATION INC 265794 1/15/2025 29,925.06 079382 ATWELL LLC 265795 1/15/2025 12,111.00 070305 AUTOMATIC FUNDS TRANSFER 265796 1/15/2025 337.50 075217 BASLER, ANTHONY C 265797 1/15/2025 260.00 072577 BAURECHT, MAGRIT 265798 1/15/2025 737.57 077426 BEHAR COMPANY 265799 1/15/2025 211.00 069226 BHC CONSULTANTS LLC 265800 1/15/2025 6,087.39 028050 BILL PIERRE FORD INC 265801 1/15/2025 22.47 079747 BLUE COAST ENGINEERING LLC 265802 1/15/2025 12,868.30 065565 BUD CLARY FORD HYUNDAI 265803 1/15/2025 57,833.57 066666 BUSTER SIMPSON LLC 265804 1/15/2025 2,000.00 018495 CALPORTLAND COMPANY 265805 1/15/2025 209.71 073029 CANON FINANCIAL SERVICES 265806 1/15/2025 885.94 075892 CASCADIAART MUSEUM 265807 1/15/2025 10,000.00 069813 CDW GOVERNMENT INC 265808 1/15/2025 145,961.68 003510 CENTRAL WELDING SUPPLY 265809 1/15/2025 287.51 073249 CG ENGINEERING, PLLC 265810 1/15/2025 987.50 065403 CHAPIN, FRANCES 265811 1/15/2025 37.51 076914 CM DESIGN GROUP LLC 265812 1/15/2025 38,178.07 073135 COGENT COMMUNICATIONS INC 265813 1/15/2025 661.59 078902 COLEMAN OIL COMPANY LLC 265814 1/15/2025 36,676.39 070323 COMCAST BUSINESS 265815 1/15/2025 312.37 072746 CONSOR NORTH AMERICA INC 265816 1/15/2025 8,069.25 075648 COVICH-WILLIAMS CO INC 265817 1/15/2025 373.77 072786 CTS LANGUAGE LINK 265818 1/15/2025 145.11 005965 CUES INC 265819 1/15/2025 3,381.30 073823 DAVID EVANS & ASSOC INC 265820 1/15/2025 13,185.00 076849 DE SANTIS, ANNE 265821 1/15/2025 139.38 079706 DHALIWAL, GURBINDER 265822 1/15/2025 130.00 064531 DINES, JEANNIE 265823 1/15/2025 220.00 075910 DLT SOLUTIONS LLC 265824 1/15/2025 5,709.61 006844 DMCJA 265825 1/15/2025 1,320.00 079614 DRY BOX INC 265826 1/15/2025 165.75 079281 DVAADVERTISING & PUBLIC REL 265827 1/15/2025 3,319.59 071969 EDMONDS CENTER FOR THE ARTS 265828 1/15/2025 16,000.00 076610 EDMONDS HERO HARDWARE 265829 1/15/2025 35.33 008550 EDMONDS SCHOOL DISTRICT #15 265830 1/15/2025 3,013.64 008705 EDMONDS WATER DIVISION 265831 1/15/2025 1,264.31 075200 EDUARDO ZALDIBAR 265832 1/15/2025 390.00 008812 ELECTRONIC BUSINESS MACHINES 265833 1/15/2025 186.44 075136 ENVIRONMENTAL SCIENCE ASSOC 265834 1/15/2025 45,939.18 079216 EXELE INFORMATION SYSTEMS INC 265835 1/15/2025 547.50 065427 FCS GROUP 265836 1/15/2025 780.00 079210 FIFTH ASSET INC 265837 1/15/2025 13,591.72 Page: 1 Packet Pg. 54 apPosPay Positive Pay Listing 1/15/2025 3:23:41PM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 077248 FRIDAY HARBOR JOLLY TROLLEY 265838 1/15/2025 2,710.00 078371 GENERAL MECHANICAL INC 265839 1/15/2025 15,516.77 079735 GEOSYNTEC CONSULTANTS INC 265840 1/15/2025 2,657.50 076436 GRANITE CONSTRUCTION CO 265841 1/15/2025 5,553.94 076462 GREAT FLOORS LLC 265842 1/15/2025 59.67 075346 GREATER SEATTLE FLOORS 265843 1/15/2025 3,667.38 079800 GUPTA, PREMCHAND 265844 1/15/2025 130.00 079012 HARLOWE & FALK LLP 265845 1/15/2025 80.00 024001 HARNISH LOCKBOX LB1208 265846 1/15/2025 73.97 078272 HARRINGTON, SHEILAANNE 265847 1/15/2025 520.00 079505 HEBBAABULSAAD 265848 1/15/2025 260.00 072647 HERRERA ENVIRONMENTAL 265849 1/15/2025 26,912.49 079799 HERVEY, KATHLEEN 265850 1/15/2025 1,000.00 078923 HKA GLOBAL INC 265851 1/15/2025 19,250.00 067862 HOME DEPOT CREDIT SERVICES 265852 1/15/2025 863.95 061013 HONEY BUCKET 265853 1/15/2025 581.90 060165 HWAGEOSCIENCES INC 265854 1/15/2025 9,495.90 076917 JACOBS ENGINEERING GROUP INC 265855 1/15/2025 5,802.75 072422 JE HORTON INTERPRETING SVCS 265856 1/15/2025 520.00 015280 JONES, KENTON 265857 1/15/2025 4,055.83 078794 JR SMOOTS CONSULTING LLC 265858 1/15/2025 200.00 079478 KASHFIA, SASSAN 265859 1/15/2025 130.00 072650 KCDA PURCHASING COOPERATIVE 265860 1/15/2025 254.22 079801 KIM, JOO MI 265861 1/15/2025 600.00 079524 KIMLEY-HORN & ASSOCIATES INC 265862 1/15/2025 21,235.50 067568 KPG PSOMAS INC 265863 1/15/2025 53,806.35 079769 LAW OFFICE SAM SOMMERMAN PLLC 265864 1/15/2025 835.00 073603 LIGHTHOUSE LAW GROUP PLLC 265865 1/15/2025 57,067.35 075149 LIM, VANNARA 265866 1/15/2025 130.00 067235 MARYS TOWING INC 265867 1/15/2025 328.19 020900 MILLERS EQUIP & RENT ALL INC 265868 1/15/2025 418.77 076264 MONO ROOFTOP SOLUTIONS 265869 1/15/2025 25,359.75 064024 NAT'LASSOC FOR COURT MNGMNT 265870 1/15/2025 150.00 079798 NDEKERE, BERNARD G 265871 1/15/2025 130.00 064215 NORTHWEST PUMP & EQUIP CO 265872 1/15/2025 2,611.14 065332 NVL LABORATORIES INC 265873 1/15/2025 3,090.00 072739 O'REILLYAUTO PARTS 265876 1/15/2025 436.10 076902 OCCUPATIONAL HEALTH CTR OF WA 265874 1/15/2025 123.00 026015 OLYMPIC BALLET THEATRE 265875 1/15/2025 4,700.00 078127 OWENS PUMP & EQUIPMENT 265877 1/15/2025 2,857.76 075735 PACIFIC SECURITY 265878 1/15/2025 4,462.05 069873 PAPE MACHINERY INC 265879 1/15/2025 14.77 065051 PARAMETRIX INC 265880 1/15/2025 945.00 079793 PATRICIA KYRILOV 265881 1/15/2025 3,370.00 027450 PAWS 265882 1/15/2025 816.00 079464 PERKINS EASTMAN ARCHITECTS DPC 265883 1/15/2025 5,600.00 062296 PETTY CASH 265884 1/15/2025 52.78 071783 PIGSKIN UNIFORMS 265885 1/15/2025 819.93 029117 PORT OF EDMONDS 265886 1/15/2025 4,567.65 076909 POWER DMS INC 265887 1/15/2025 9,121.67 079020 PRECISION LANGUAGE SERVICES 265888 1/15/2025 390.00 074712 RAINIER ENVIRONMENTAL LAB 265889 1/15/2025 950.00 076720 REFUGEE & IMMIGRANT SVC NW 265890 1/15/2025 400.00 061540 REPUBLIC SERVICES #197 265891 1/15/2025 1,973.72 Page: 2 Packet Pg. 55 apPosPay Positive Pay Listing 1/15/2025 3:23:41PM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 079607 ROMERO, STACEY F 265892 1/15/2025 260.00 079618 RS AMERICAS INC 265893 1/15/2025 413.93 079387 SAYBR CONTRACTORS INC 265894 1/15/2025 9,389.27 076328 SCJ ALLIANCE 265895 1/15/2025 51,422.47 070495 SEPULVEDA, PABLO 265896 1/15/2025 130.00 068132 SHORELINE CONSTRUCTION CO 265897 1/15/2025 950.00 068132 SHORELINE CONSTRUCTION CO 265898 1/15/2025 381.23 036955 SKY NURSERY 265899 1/15/2025 1,074.56 060889 SNAP -ON INDUSTRIAL 265900 1/15/2025 684.56 075543 SNO CO PUBLIC DEFENDER ASSOC 265901 1/15/2025 2,474.00 037375 SNO CO PUD NO 1 265902 1/15/2025 1,726.91 072776 SNOHOMISH CONSERVATION DIST 265903 1/15/2025 9,889.69 076433 SNOHOMISH COUNTY 911 265904 1/15/2025 84,231.00 070167 SNOHOMISH COUNTY TREASURER 265905 1/15/2025 156.03 037303 SO SNOHOMISH CO FIRE & RESCUE 265906 1/15/2025 959,553.00 079795 SOISET, ROWAN 265907 1/15/2025 1,200.00 075700 SONESSA, MERGIA 265908 1/15/2025 260.00 079797 SOVA CONSULTING LLC 265909 1/15/2025 4,000.00 079796 SWEETS BY TYLER 265910 1/15/2025 50.00 065578 SYSTEMS INTERFACE INC 265911 1/15/2025 4,414.48 067868 TANKNOLOGY INC 265912 1/15/2025 447.10 079136 THE GORDIAN GROUP INC 265913 1/15/2025 7,043.44 066056 THE SEATTLE TIMES 265914 1/15/2025 486.20 068141 TRANSPO GROUP 265915 1/15/2025 34,297.63 078801 TYLER BUSINESS FORMS 265916 1/15/2025 536.27 044960 UTILITIES UNDERGROUND LOC CTR 265917 1/15/2025 242.88 069751 VESTIS 265918 1/15/2025 132.15 069816 VWR INTERNATIONAL INC 265919 1/15/2025 73.92 078314 WASTE MGMT DISPOSAL SVC OF OR 265920 1/15/2025 81,784.15 075635 WCP SOLUTIONS 265921 1/15/2025 228.08 079738 WENDY WARMAN CONSULTATION & 265922 1/15/2025 270.00 069691 WESTERN SYSTEMS 265923 1/15/2025 29,253.29 011900 ZIPLY FIBER 265924 1/15/2025 92.77 G ra n d Tota I : 2, 296, 362.70 Total count: 140 Page: 3 Packet Pg. 56 8.5.b apPosPay Positive Pay Listing Page: 1 1/22/2025 2:26:55PM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 076040 911 SUPPLY INC 265925 1/22/2025 138.84 001528 AM TEST INC 265926 1/22/2025 390.00 001702 AWC EMPLOY BENEFIT TRUST 265927 1/22/2025 1,061.59 002100 BARNARD, EARL 265928 1/22/2025 380.86 075217 BASLER, ANTHONY C 265929 1/22/2025 130.00 073029 CANON FINANCIAL SERVICES 265930 1/22/2025 280.06 035160 CITY OF SEATTLE 265931 1/22/2025 34.90 070323 COMCAST BUSINESS 265932 1/22/2025 65.01 046150 DEPARTMENT OF LABOR & INDUSTRY 265933 1/22/2025 114.10 079614 DRY BOX INC 265934 1/22/2025 165.75 007253 DUNN LUMBER 265935 1/22/2025 141.52 008705 EDMONDS WATER DIVISION 265936 1/22/2025 35,799.90 075200 EDUARDO ZALDIBAR 265937 1/22/2025 390.00 008812 ELECTRONIC BUSINESS MACHINES 265938 1/22/2025 197.58 009350 EVERETT DAILY HERALD 265939 1/22/2025 25.80 072493 FIRSTLINE COMMUNICATIONS INC 265940 1/22/2025 292.83 069567 FOSSIL INDUSTRIES INC 265941 1/22/2025 1,845.00 012199 GRAINGER 265942 1/22/2025 245.00 077496 HEADLIGHT TECHNOLOGIES INC 265943 1/22/2025 15,276.18 067862 HOME DEPOT CREDIT SERVICES 265944 1/22/2025 85.99 061013 HONEY BUCKET 265945 1/22/2025 2,302.46 079573 JUVVAL TECH LLC 265946 1/22/2025 200.00 074158 LASER UNDERGROUND & EARTHWORKS 265947 1/22/2025 5,891.71 075159 LIFE INSURANCE CO OF NO AMER 265948 1/22/2025 16,234.35 067235 MARYS TOWING INC 265949 1/22/2025 328.19 020900 MILLERS EQUIP & RENT ALL INC 265950 1/22/2025 544.50 076895 MOREHEAD, LOUISE 265951 1/22/2025 130.00 067834 NATIONAL CONSTRUCTION RENTALS 265952 1/22/2025 192.27 063750 ORCA PACIFIC INC 265953 1/22/2025 2,316.06 027060 PACIFIC TOPSOILS INC 265954 1/22/2025 2,639.00 074793 PETDATA INC 265955 1/22/2025 1,575.00 028860 PLATT ELECTRIC SUPPLY 265956 1/22/2025 170.22 079020 PRECISION LANGUAGE SERVICES 265957 1/22/2025 260.00 079646 PROCOM LLC 265958 1/22/2025 72.00 030400 PUGET SOUND CLEAN AIR AGENCY 265959 1/22/2025 46,463.00 061540 REPUBLIC SERVICES #197 265960 1/22/2025 1,479.45 079175 RING, KIM 265961 1/22/2025 34.30 079523 RUSTED ELEMENT DESIGN 265962 1/22/2025 264.00 079763 SANDAG SOLUTIONS 265963 1/22/2025 130.00 063306 SHERWIN-WILLIAMS 265964 1/22/2025 207.31 036955 SKY NURSERY 265965 1/22/2025 592.26 037375 SNO CO PUD NO 1 265966 1/22/2025 11,925.88 063941 SNO CO SHERIFFS OFFICE 265967 1/22/2025 44,820.92 006630 SNOHOMISH COUNTY 265968 1/22/2025 614.00 079802 THE CANINE RESOURCE CENTER INC 265969 1/22/2025 225.00 066056 THE SEATTLE TIMES 265970 1/22/2025 1,750.00 072649 THE WIDE FORMAT COMPANY 265971 1/22/2025 254.15 072649 THE WIDE FORMAT COMPANY 265980 1/22/2025 232.05 041960 TOWN & COUNTRY FENCE INC 265972 1/22/2025 8,215.12 074800 TURNSTYLE INC 265973 1/22/2025 200.00 069751 VESTIS 265974 1/22/2025 301.04 067195 WASHINGTON TREE EXPERTS 265975 1/22/2025 3,978.00 045912 WASPC 265976 1/22/2025 3,000.00 Page: 1 Packet Pg. 57 apPosPay 1/22/2025 2:26:55PM Positive Pay Listing City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 077286 WSP USA INC 265977 1/22/2025 4,299.76 071634 ZAYO GROUP LLC 265978 1/22/2025 2,235.46 011900 ZIPLY FIBER 265979 1/22/2025 2,472.05 GrandTotal: 223,610.42 Total count: 56 _ d E a m L �3 y Y V d t C,1 E V O CE O L CL Q. Q Q O V M _ d a LO N N N O N Y V E U _ d E t v Q Page: 2 Packet Pg. 58 8.6 City Council Agenda Item Meeting Date: 01/28/2025 Frances Anderson Center Use Agreement - Olympic Ballet Staff Lead: Shannon Burley Department: Parks, Recreation & Human Services Preparer: Shannon Burley Background/History The Frances Anderson Center is home to six tenants. Each of the six tenants run organizations that are considered community partners as they provide programming that is typically found in a community center and expands the available programming for the Edmonds community. The six organizations are: 1. Edmonds Arts Festival Museum - leased art gallery space near the entrance and storage space in the lower level (the storage supports the Arts Festival held annually at the Frances Anderson Center). 2. Edmonds Montessori - providing half day preschool 3. Main Street Kids Day Care - providing full day childcare for non -school age children 4. Olympic Ballet - ballet school and classes 5. Sculptor's Workshop - leased space for pottery activities 6. Sno-King Youth Club - leased office space and storage for a non-profit providing youth recreational sport programs for Edmonds The building use agreements (leases) at the Frances Anderson Center have various term lengths ranging from 1- 5 years. The payment terms for each agreement includes an annual increase based on inflation. In 2025 payments will increase 3.8% consistent with the Seattle -Tacoma -Bellevue inflation index. In 2023 the increase was 10.1% and in 2024 it was 4.6% . Payments include Leasehold Tax unless the tenant qualifies for an exemption. The city has annual lease agreements for spaces outside of the Frances Anderson Center such as the Waterfront Center Ground Lease; Boys and Girls Club, Wade James Theater and Historical Society / Museum. These agreements are not included as they each have lease agreements that do not require renewal at this time. Staff Recommendation Council to approve on Consent Agenda the 2025 Building Use Agreement between the City of Edmonds and Olympic Ballet as provided. Approval by Council will authorize the Mayor to sign the agreement. Narrative At the end of 2024, the City of Edmonds and Olympic Ballet lease agreement expired. The agreement, which renews the agreement, also reflects the addition of Room 301 in the Frances Anderson Center. Packet Pg. 59 8.6 This will increase the monthly fee by $1,140 per month, in addition to the inflation adjustment of 3.8%, for a total monthly cost of $7,369.65. The agreement and required insurance will be transferred to the Olympic Ballet Theatre (former agreement was with the Olympic Ballet School MVOG), a Washington nonprofit corporation. Olympic Ballet Theatre intends to apply for a leasehold tax exemption through the State. State approval of this exemption would decrease the monthly payment amount collected by the City and to the state accordingly. The proposed agreement is for one year while the Olympic Ballet Theatre evaluates the use of the increased square footage and monthly fee. Main Street Kids, Edmonds Arts Festival Foundation, Edmonds Montessori, Sculptor's Workshop and Sno-King Youth Club leases do not expire in 2025 and the monthly payment amount has been adjusted consistent with inflation which does not require Council approval. The proposed agreement has been reviewed and approved by the City Attorney and was reviewed by the Parks and Public Works Committee on 1/21/25 and was recommended for Consent Agenda. Attachments: Olympic Ballet 2025 Building Use Agreement Packet Pg. 60 8.6.a 4,0c. 1 gyv CITY OF EDMONDS 700 MAIN ST I EDMONDS, WA 98020 1425.771.0230 1 FAX 425.771.0253 PARKS, RECREATION AND HUMAN SERVICES DEPARTMENT BUILDING USE AGREEMENT MIKE ROSEN MAYOR THIS AGREEMENT, made this 1st day of January 2025, by and between the CITY OF EDMONDS, a non -charter optional municipal code city organized under the laws of the State of Washington, as Lessor, and OLYMPIC BALLET THEATRE, a Washington nonprofit corporation, as Lessee. 1. The Lessor does hereby lease to the Lessee, and the Lessee does hereby lease from the Lessor, parts of certain premises situated in the City of Edmonds, County of Snohomish, State of Washington, generally known as the Frances E. Anderson Cultural and Leisure Center, located at 700 Main Street, Edmonds, and described as follows: Room 122 —1,617 sq. ft. Room 124 — 400 sq. ft. Room 300 — 78 sq. ft. Room 301— 830 sq. ft. Room 302 — 744 sq. ft. Room 303/305, 304 and 306 — 2,562 sq. ft. 2. DECLARATION: The Lessor hereby declares its determination that parts of the subject property are not presently required for City recreation purposes. Upon a determination by the Director of Parks, Recreation and Human Services, or other official designated by the Director or the Mayor, that subject premises may become necessary for City recreation purposes, this Lease shall be terminable unilaterally by the City of Edmonds ninety (90) days after the notification of the Lessee as provided in paragraph 19. Upon determination by Lessee that subject premises will no longer be needed, the Lessee will send a written notification to the City of Edmonds ninety (90) days prior to vacating the premises. Nothing herein shall limit the right of the City to terminate this Lease for breach of any term of this Lease. 3. PURPOSES: The subject property is to be used for office, ballet and dance school, and performing company. No other business or activities shall be undertaken on the premises without the written consent of the Lessor. Lessee may not use hallways for storage or for a meeting area unless the space is leased. 4. TERM: This Lease shall be for an initial term commencing on January 1, 2025 and ending on December 31, 2025. It may be renewed at the sole discretion of the Lessor for future annual terms, upon determination by the Lessor that the premises will be not be required for • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 61 8.6.a City recreation purposes during the ensuing year. Said determination to renew shall be made on or before November 1 of the preceding year of the Lease; failure to provide written notice of renewal shall terminate the lease on December 31, 2025. 5. FEES AND FEE PAYMENTS: Lessee covenants and agrees to pay the Lessor a total fee of $7,369.65 per month for 2025. Said fee is broken down as follows: (1) 4,214sq. ft. at $.92/sq. ft. _ $3,876.88 (2) 2,017 sq. ft. at $1.25/sq. ft. _ $2,521.25 (3) $821.52 for state leasehold property tax (see item 6 below) (4) $100.00 for power and heat (see item 7 below) (5) $50.00 per month for water service (see item 7 below) Fees for any renewal term thereafter shall be adjusted on an annual basis. Such fees shall increase by one hundred percent (100%) of that percentage increase set forth in the All - Urban Consumers Index (CPI-U) for the Seattle -Tacoma -Bellevue area for the period from June to June, as is specified by the Bureau of Labor Statistics, United States Department of Labor. All payments shall be paid at the City of Edmonds Finance Department, 121 5th Avenue N, Edmonds, Washington, 98020. If any monthly payment is not received on or before the tenth (loth) day of each month, a late payment fee of $110.54 shall be assessed and then immediately due and payable by the Lessee. This late payment fee is based upon the cost of comparable short-term borrowing by the Lessee and may be adjusted annually. 6. LEASEHOLD PROPERTY TAX: Lessee is liable for the state leasehold property tax unless the Lessee is exempt pursuant to Chapter 82.29A RCW and has filed the necessary exemption form with the Lessor's Finance Division. 7. UTILITIES: A flat rate of $100.00 per month will be charged for providing power and heat, and a flat rate of $50.00 per month will be charged for providing water. In the event the Lessee orders any other public utilities which shall be used in or charged against the leased premises, Lessee shall pay the same during the full term of the Lease. 8. MAINTENANCE AND REPAIRS: The Lessor will maintain the premises in good repair for the term of the lease, provided the Lessee notifies Lessor of any such needed repairs. Leased space shall be maintained in a clean, neat, sanitary, and safe condition. The Lessee agrees to provide for its own day-to-day cleaning and general upkeep. Lessee agrees that the Lessor shall have access to the premises for purposes of inspection at reasonable hours during the term of this Lease, including renewals. The Lessee agrees that it will quit and surrender the premises without demand or notice at the end of the term, or renewal thereof, and leave the same in a neat and clean condition and will deliver up all keys belonging to the premises to the Lessor. 9. RESPONSIBILITIES: Lessee's Negligence: Lessor or Lessor's agents shall not be liable for any damage or injuries either to persons or property, sustained by the Lessee, its employees, agents, or third persons by reason of the negligent act of the Lessee, its agents, employees, or invitees, nor shall Lessor be liable for loss of any property kept on the premises. • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 62 8.6.a 10. INSURANCE: The Lessee shall procure and maintain, for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Lessee's operation and use of the subject premises. Lessee's maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Lessee to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. Lessee shall obtain insurance of the types described below: A. Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. The City shall be named as an insured on Lessee's Commercial General Liability insurance policy using ISO Additional Insured -Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. B. Property insurance shall be written on an all-risk basis. Property insurance shall be written covering the full value of Lessee's property and improvements with no coinsurance provisions. The Lessee's Commercial General Liability insurance policy or policies are to contain, or be endorsed to contain, that they shall be primary insurance as respect to the Lessor. Any Insurance, self-insurance, or insurance pool coverage maintained by the Lessor shall be in excess of the Lessee's insurance and shall not contribute with it. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. At the time of execution of this Agreement, the Lessee shall furnish the Lessor with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Lessee. The Lessee shall provide the Lessor with written notice of any policy cancellation, within two business days of their receipt of such notice. Lessee and Lessor hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the premises or said building. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. Failure on the part of the Lessee to maintain the insurance as required shall constitute a material breach of lease, upon which the Lessor may, after giving five business days' notice to the Lessee to correct the breach, terminate the Lease or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the Lessor on demand. 11. LAWFUL USE: The Lessee covenants and agrees that the premises shall be at all times used in accordance with the laws of the State of Washington, the Edmonds City Code, and other appropriate and applicable governmental agencies, and in accordance with all the directions, rules, and regulations of health officers, fire marshals, building inspectors, or other appropriate officer, provided, however, Lessee shall assume no responsibility for structural code requirements or required modifications, if any. • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 63 8.6.a The governmental operations of the City of Edmonds will no longer purchase or provide single -use polystyrene or other plastic -based, non-compostable food service packaging or ware for any City -sponsored function providing food and/or beverages. Renters and officially recognized users of City owned buildings are strongly encouraged to comply with these restrictions. 12. ALTERATIONS OR IMPROVEMENTS: The Lessee covenants and agrees that it will make no alterations or improvements to the leased premises, or to any of the furniture or equipment located on the premises subject to this Lease without the prior written consent of the Lessor. Lessor is not obligated to grant its consent. The Lessor shall be under no obligation to make additions or changes to the leased premises after the Lessee occupies the space. Changes and additions include, but are not limited to, painting, electrical or plumbing changes, additions or alterations to doors, windows, draperies, walls, floors and vents, locks (unless required for building security), or any other change unless Lessor determines it is required for health and/or safety. 13. SIGNS: The Lessor will order lettering for exterior and interior informational signs, with the Lessee listed as a tenant in the Anderson Center. The cost of the lettering will be paid by Lessee. All other signs must be approved in writing by the Lessor's Deputy Director or designee prior to being installed and be in keeping with the Anderson Center's sign policy. Lessee will not use exterior windows for permanent signs or displays without the written permission of the Lessor. 14. DISPLAYS: Lessee can display materials to advertise business in hallway display case, and other display boards in Anderson Center with the approval of the Lessor's Deputy Director or designee. 15. LIENS: Lessee agrees that under no circumstances will it permit any liens for work performed, materials furnished, or other obligations incurred by the Lessee. 16. ASSIGNMENT: Lessee shall not let or sublet the whole or any part of the subject premises, nor assign the Lease or any part thereof, and agrees and stipulates that a material consideration for the execution of this Lease is its personal acceptance of the Lease Agreement. 17. EXCLUSIVE USE: The Lessee covenants and agrees that it will not permit or tolerate the use of the subject premises by any group, organization, individual, or legal entity other than the reasonable and necessary use by the Lessee, its employees, or responsible adult participants and children duly enrolled in its authorized programs, without the prior written permission of the Lessor. 18. FIRE AND OTHER CASUALTY: In the event the premises are destroyed or damaged by fire, earthquake, or other casualty to such an extent as to render the same untenantable in whole or in a substantial part, the term of this Lease and the obligation to pay shall terminate, with rent prorated to the date of the loss. • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 64 8.6.a 19. NOTICES: All notices required by this Lease or breaches thereof shall be sent by certified or registered mail to the Lessor at Edmonds Parks, Recreation & Human Services Department, 700 Main Street, Edmonds, Washington, 98020, and all such notices to the Lessee shall be sent by registered or certified mail and addressed to the Lessee at 700 Main Street, Edmonds, Washington, 98020, and delivery of all such notices shall be conclusively presumed to be effective upon posting of such in the United States mail, postage prepaid. 20. DEFAULT AND REENTRY: If Lessee violates or defaults in any of the covenants and agreements contained herein, then the Lessor may immediately cancel the term of this Lease and reenter said premises. The Lessor shall be the sole distributor of keys and shall control the door locks. The keys may not be duplicated by the Lessee. Padlocks may not be added to any door. All keys shall be returned to Lessor upon termination of the Lease. If any key is not returned to Lessor, Lessee shall bear the costs for rekeying the premises and/or the Frances Anderson Center, as appropriate. 21. COSTS AND ATTORNEYS' FEES: In the event of a failure of the Lessee to perform any obligation created by this Lease, the Lessee agrees to pay all damages and costs necessarily incurred by the City, including reasonable attorney's fees. 22. NON -WAIVER OF BREACH: The failure of a party to insist upon strict performance of any of the covenants and agreements of this Lease or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such provision, or any other covenants or agreement, but the same shall be and remain in full force and effect. 23. REMOVAL OF LESSEE'S PROPERTY: In the event of any entry in, or taking possession of, the leased premises as aforesaid, the Lessor shall have the right, but not the obligation, to remove from the leased premises all personal property located therein and may place the same in storage in a public warehouse at the expense and risk of the owners thereof. 24. HOLD HARMLESS: Lessee agrees to indemnify, defend, and hold Lessor, its officers, officials, employees and volunteers harmless from any and all claims, suits, actions or liabilities for bodily injury or death or property damage suffered or alleged to be suffered by Lessee, its agents, employees, invitees or other third parties upon or about the leased premises or in any way arising out of or in connection with the Lessee's use of the leased premises, regardless of any negligence of the Lessor or Lessee. The intent of this paragraph is to have Lessee act an insurer as to Lessor. 25. EDMONDS ARTS FESTIVAL ANNUAL PREVIEW PARTY: The Lessee agrees to cease instruction and practices and vacate the Anderson Center no later than 5:00 PM on the day of the annual Arts Festival evening event to enable the Edmonds Arts Festival to exercise sole control of the Anderson Center premises that night. 26. HOURS OF OPERATION: Lessee agrees that the hours of operation of the Anderson Center shall be determined by Edmonds Parks, Recreation and Cultural Services Department. Hours of operation are 8:30am-8:30pm, Monday -Friday; and Saturday, 9:00am-2:00pm. Lessor reserves the right to amend these hours at any time and to determine days when the building will be closed. Any use of the leased area at times other than the current hours of • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 65 8.6.a operation must be approved in writing by the Lessor. Any use of the Anderson Center facilities other than leased space will require Lessee to make prior written arrangements with Lessor and pay current rental rates. 27. PREMISES AVAILABILITY: The parties agree that in the event the Lessor determines, in its sole discretion, to temporarily close the leased premises to the public for reasons related to public health and safety (e.g., a natural event, such as an earthquake or tornado; a pandemic or other public health risk; a plumbing, heating or other building malfunction; or other similar occurrence), and that closure renders the Lessee unable to conduct business at the leased premises, the Lessor may, at the discretion of the Department Director (or designee), suspend and/or modify the fees and/or utility payments set forth in Sections 5 and 7 above. LESSOR: CITY OF EDMONDS Mike Rosen, Mayor ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney LESSEE: OLYMPIC BALLET THEATRE Oleg Gorboulev, Board Member Mailing Address City State Zip Phone Email • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 66 8.6.a STATE OF WASHINGTON ) COUNTY OF SNOHOMISH ) On this day of , 20, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Oleg Gorboulev, to me known to be a Board Member of Olympic Ballet Theatre, the Lessee that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said Lessee, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written NOTARY PUBLIC My commission expires: • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 67 ) 8.6.a I ACORO CERTIFICATE OF LIABILITY INSURANCE DATE(r 12/13/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. TH CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorse If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement I this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT LISA BURNETT NAME: StateFarm JOHN PETER SCHMICK AICNNo Ext : 425-776-3110 FAX No s 100 2ND AVE S., #320 =Ess: LISA@ASKJOHNSCHMICK.COM INSURER(S) AFFORDING COVERAGE NAIC # EDMONDS WA 98026-3356 INSURERA: State Farm Fire and Casualty Company 25143 INSURED INSURER B : 0 OLYMPIC BALLET THEATER INSURERC: 0 700 MAIN STREET INSURERD: 0 INSURER E : 0 EDMONDS WA 98020-3032 INSURERF: 0 COVERAGES CERTIFICATE NUMBER_ REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIC INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TH CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADD INSD SUB WVD POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY �� I OCCUR Y N 98-ED-5537-7 12/17/2024 12/17/2025 EACH OCCURRENCE $ 1,000,000 DAMAGE TO PREM SES Ea occur RETEence $ 300,000 _7CLAIMS-MADE MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO- POLICY JECT LOC OTHER: GENERAL AGGREGATE $ 2,000,000 N PRODUCTS - COMP/OP AGG $ 2,000,000 $ AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY r COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident) ccident $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITYATUTTANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A PER OTH- $ E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION Frances Anderson Center 700 Main Street Edmonds, WA 98020 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOF THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Completed by an authorized State Farm representative. If signaturi © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 68 8.7 City Council Agenda Item Meeting Date: 01/28/2025 Approval of Grant Award for Citywide Lighting Improvements Staff Lead: Rob English Department: Engineering Preparer: Emiko Rodarte Background/History none Staff Recommendation Approve grant award. Narrative The City recently completed a Citywide Streetlighting Study to identify and prioritize gaps within the existing streetlight system. Nighttime accident data was used to help prioritize locations. During the evaluation of this information, staff identified a grant opportunity through WSDOT's Highway Safety Improvement Program (HSIP) to address several locations in the study. In December, WSDOT awarded the $700k federal grant to the City to add new streetlights in the grant application. The grant does not require a match of local funds. The project schedule is to complete the plans, specifications and estimate in 2025 and construct the improvements in 2026. New Streetlights are proposed at the following locations: a. SR 524 @ 9th Ave N b. 236th St SW @ 84th Ave W c. Walnut St @ 7th Ave S d. Hwy 99 @ 216th St. SW e. 76th Ave W @ Interurban Trail f. Additional priority locations (as identified as part of the City's Lighting Study) may be included as funding allows. To move forward with the project, staff recommends the following actions be approved on the consent agenda at the next City Council meeting: 1. Authorize staff to begin design work on the project 2. Staff will submit a first quarter budget amendment to program the project expenditures and revenue in the Street Construction Fund (Fund 112). Attachments: Attachment 1 - Vicinity Map Attachment 2 - Citywide Lighting Improvements Presentation Packet Pg. 69 I 8.7.a I " City of Edmonds Citywide Lighting Improvements 176TH ST Sw o��MPIcv�E`N ? 1 18OTl6sTSW f w 0 w � Q � Lu 188TH ST SW SR-524 @ 9th Ave. N ®` LYNNWOOD Y _ PLIGE-TOR 196TH S I SVV LU LU Walnut @ 7th Ave. S r 52a a \��s200TH ST SW > Hwy 99 @ 216th ? o EDMONDS y 204n-ISTSW ✓� MAIN ST — - zi Q _3 co > Q QOwbOINII, - a - Tw , -�.P 220TH ST SW 3 WOODWAY a I ESPERANCE �- 0 1� � G 226TH cr cw _ Note: additional priority locations 4Qo J.-,_ 1 �iONDS'140 10A (as identified as part of the City's Lighting Study) may be included as funding allows. 84th @ 236th 244TH ST SW - 76th @ Intern SHORELINE 208TH ST SW 212TH ST SW Z s 228TH S r a s� Q O `D p 236TH ST SW MOUNTLAKE TERRACE 244TH STt'�W 1: 48,498 524 Legend Edmonds Boundary Streets Big <all other values, Interstate Principal Arterial Minor Arterial; Collector Local Street State Highways <all other values, 0 t 2 County Boundary Parks ArcSDE.GIS.PROPERTY-WASHIN( ArcSDE.GIS.PROPERTY-CITIES ArcSDE.GIS.PROPERTY-CITIES City of Edmonds City of Lynnwood City of Mountlake Terrace Unincorporated King Cc; Unincorpc City of Woodway City of Arlington; City of Bothell; Cit City of Gold Bar; City of Granite Fal City of Marysville; City of Mill Creek Mukilteo; City of Snohomish; City of Town of Darrington; Town of Index Snohomish County O1 Notes 0 4,041.52 8,083.0 Feet 6,018.7 This ma is a user generated static output from an Internet mapping site and is for 72,224 p g p pp B reference only. Data layers that appear on this map may or may not be accurate, WGS-1984 Web Mercator -Auxiliary -Sphere current, or otherwise reliable. © City of Edmonds THIS MAP IS NOT TO BE USED FOR DESIGN OR CONSTRUCTION 8.7.b 4� it ~. • •No htj i rove PIP A ' r - - January 21, 2025 Committee Meeting Ilk 8.7.b • Locations selected based on accident history collected in recent Citywide streetlight study • $700K federal HSIP grant secured to add new streetlights • Grant will fund design and construction costs • Grant does not require local _ matching funds / • Schedule o Design 2025 o Construction 2026 .a- Vicinity Map fSK-524 ii, ` 111 :1� 14'alntit (w :%th Ave. S WOODWAY T ' 3 Note: additional priority locations o0 (as identified as part of the City's Lighting Study) may be included as funding allows. 7 Q o EDMONDS �aW°�N3�P.l 3 1saTH sT U LYNNWOOD a " 196TH S : SVv H 200TH c 99 C' 216th CD `D 204 TH 51 u a 22OTH S T SW ES PE RANCE 2281F4 ST SW .,r 244TH ST SW i 8-1th (i� 236th 76th (4, In 208TH ST SW 212)H STSW s s w Q i 228rHSr� m 1 � {� f S 2�6T'H 5 MOUNTLAKE TERRACE S 4, rsvv SHORELI 1: 48,498 Packet Pg. 73 8.7.b Staff Recommends • Next City Council Meeting o Authorize Staff to begin design work o Staff will submit first quarter budget amendment to program project expenditures and grant revenue in the 112 Street Fund 8.8 City Council Agenda Item Meeting Date: 01/28/2025 Approval of TIB Grant Award for Pedestrian Improvements on 7th Ave N from Bell St to SR-524 Staff Lead: Rob English Department: Engineering Preparer: Emiko Rodarte Background/History None. Staff Recommendation Approve grant award. Narrative The pavement on 7th Ave N from Bell to State Route 524 is deteriorating and needs to be replaced. As part of the pavement overlay project, the existing pedestrian curb ramps will be replaced with new ramps that meet ADA standards. The number of pedestrians crossing 7th Ave at Sprague St has increased since the installation of park improvements at Civic Field. The City has received citizen comments about the increased pedestrian activity and whether improvements could be made on 7th Ave. Staff identified a grant opportunity through the Washington State Transportation Improvement Board (TIB) to pursue funding to install a striped crosswalk with pedestrian ramp bulb -outs at Sprague St. The Transportation Improvement Board awarded the grant for the pedestrian improvements in their recent grant competition. The grant amount is $379,600 and requires a local match of $104,580. The project schedule is to complete the plans, specifications and estimate in 2025 and construct the project in 2026. To move forward with the project, staff recommends the following actions be approved on the consent agenda at the next City Council meeting: 1. Approve TIB grant agreement 2. Authorize staff to begin design work on the project 3. Staff will submit a first quarter budget amendment to program TIB grant revenue and local matching funds from REET 126 Fund Attachments: Attachment 1 - Grant Agreement Attachment 2 - 7th Vicinity Map Packet Pg. 75 8.8.a Citv of Edmonds C-P-139(004)-1 7th Avenue N Pedestrian Improvements Bell St to Casaers St(SR 524) 0-11 MANIcg•]9INT1�yanIn1101► TRANSPORTATION IMPROVEMENT BOARD AND City of Edmonds AGREEMENT N LO o_ U) 0 w w Cn m m E 0 THIS GRANT AGREEMENT (hereinafter "Agreement") for the 7th Avenue N Pedestrian Improvements, Bell St to Caspers St(SR 524) (hereinafter "Project") is entered into by the WASHINGTON STATE TRANSPORTATION IMPROVEMENT BOARD (hereinafter "TIB") and City of Edmonds, a political subdivision of the State of Washington (hereinafter "RECIPIENT"). 1.0 PURPOSE For the project specified above, TIB shall pay 78.4006 percent of approved eligible project costs up to the amount of $379,600, pursuant to terms contained in the RECIPIENT'S Grant Application, supporting documentation, chapter 47.26 RCW and/or chapter 47.04 RCW, title 479 WAC, and the terms and conditions listed below. 2.0 SCOPE AND BUDGET The Project Scope and Budget are initially described in RECIPIENT's Grant Application and incorporated by reference into this Agreement. Scope and Budget will be further developed and refined, but not substantially altered during the Design, Bid Authorization and Construction Phases. Any material alterations to the original Project Scope or Budget as initially described in the Grant Application must be authorized by TIB in advance by written amendment. 3.0 PROJECT DOCUMENTATION TIB requires RECIPIENT to make reasonable progress and submit timely Project documentation as applicable throughout the Project. Upon RECIPIENT's submission of each Project document to TIB, the terms contained in the document will be incorporated by reference into the Agreement. Required documents include, but are not limited to the following: a) Project Funding Status Form b) Bid Authorization Form with plans and engineers estimate c) Award Updated Cost Estimate d) Bid Tabulations e) Contract Completion Updated Cost Estimate with final summary of quantities f) Project Accounting History 4.0 BILLING AND PAYMENT The local agency shall submit progress billings as project costs are incurred to enable TIB to maintain accurate budgeting and fund management. Payment requests may be submitted as Packet Pg. 76 8.8.a often as the RECIPIENT deems necessary, but shall be submitted at least quarterly if billable amounts are greater than $50,000. If progress billings are not submitted, large payments may 41 be delayed or scheduled in a payment plan. LO U) 5.0 TERM OF AGREEMENT $ This Agreement shall be effective upon execution by TO and shall continue through closeout of — the grant or until terminated as provided herein, but shall not exceed 10 years unless amended m by the Parties. c .- 6.0 AMENDMENTS Z This Agreement may be amended by mutual agreement of the Parties. Such amendments shall not be binding unless they are in writing and signed by persons authorized to bind each of the Parties. 7.0 ASSIGNMENT The RECIPIENT shall not assign or transfer its rights, benefits, or obligations under this Agreement without the prior written consent of TIB. The RECIPIENT is deemed to consent to assignment of this Agreement by TO to a successor entity. Such consent shall not constitute a waiver of the RECIPIENT's other rights under this Agreement. 8.0 GOVERNANCE & VENUE This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington and venue of any action brought hereunder shall be in the Superior Court for Thurston County. 9.0 DEFAULT AND TERMINATION 9.1 NON-COMPLIANCE a) In the event TIB determines, in its sole discretion, the RECIPIENT has failed to comply with the terms and conditions of this Agreement, TIB shall notify the RECIPIENT, in writing, of the non-compliance. b) In response to the notice, RECIPIENT shall provide a written response within 10 business days of receipt of TIB's notice of non-compliance, which should include either a detailed plan to correct the non-compliance, a request to amend the Project, or a denial accompanied by supporting details. c) TIB will provide 30 days for RECIPIENT to make reasonable progress toward compliance pursuant to its plan to correct or implement its amendment to the Project d) Should RECIPIENT dispute non-compliance, TIB will investigate the dispute and may withhold further payments or prohibit the RECIPIENT from incurring additional reimbursable costs during the investigation. 9.2 DEFAULT RECIPIENT may be considered in default if TIB determines, in its sole discretion, that: Packet Pg. 77 8.8.a a) RECIPIENT is not making reasonable progress toward correction and compliance. b) TIB denies the RECIPIENT's request to amend the Project. LO c) After investigation TIB confirms RECIPIENT'S non-compliance. Cn 0 w TIB reserves the right to order RECIPIENT to immediately stop work on the Project and Cn TIB may stop Project payments until the requested corrections have been made or the — Agreement has been terminated. m E 9.3 TERMINATION o a) In the event of default by the RECIPIENT as determined pursuant to Section 9.2, TIB shall serve RECIPIENT with a written notice of termination of this Agreement, which shall be served in person, by email or by certified letter. Upon service of notice of termination, the RECIPIENT shall immediately stop work and/or take such action as may be directed by TIB. b) In the event of default and/or termination by either PARTY, the RECIPIENT may be liable for damages as authorized by law including, but not limited to, repayment of grant funds. c) The rights and remedies of TIB provided in the AGREEMENT are not exclusive and are in addition to any other rights and remedies provided by law. 9.4 TERMINATION FOR NECESSITY TIB may, with ten (10) days written notice, terminate this Agreement, in whole or in part, because funds are no longer available for the purpose of meeting TIB's obligations. If this Agreement is so terminated, TIB shall be liable only for payment required under this Agreement for performance rendered or costs incurred prior to the effective date of termination. 10.0 USE OF TIB GRANT FUNDS TIB grant funds come from Motor Vehicle Fuel Tax revenue and other revenue sources. Any use of these funds for anything other than highway or roadway system improvements is prohibited and shall subject the RECIPIENT to the terms, conditions and remedies set forth in Section 9. If Right of Way is purchased using TIB funds, and some or all of the Right of Way is subsequently sold, proceeds from the sale must be deposited into the RECIPIENT's motor vehicle fund and used for a motor vehicle purpose. 11.0 INCREASE OR DECREASE IN TIB GRANT FUNDS At Bid Award and Contract Completion, RECIPIENT may request an increase in the maximum payable TIB funds for the specific project. Requests must be made in writing and will be considered by TIB and awarded at the sole discretion of TIB. All increase requests must be made pursuant to WAC 479-05-202 and/or WAC 479-01-060 and/or WAC 479-10-575. If an increase is denied, the recipient shall be liable for all costs incurred in excess of the maximum amount payable by TIB. In the event that final costs related to the specific project are less than the initial grant award, TIB funds will be decreased and/or refunded to TIB in a manner that maintains the intended ratio between TIB funds and total project costs, as described in Section 1.0 of this Agreement. Packet Pg. 78 8.8.a 12.0 INDEPENDENT CAPACITY v LO W U) The RECIPIENT shall be deemed an independent contractor for all purposes and the $ employees of the RECIPIENT or any of its contractors, subcontractors, and employees thereof shall not in any manner be deemed employees of TIB. — a� m 13.0 INDEMNIFICATION AND HOLD HARMLESS c L The PARTIES agree to the following: Z Each of the PARTIES, shall protect, defend, indemnify, and save harmless the other PARTY, its officers, officials, employees, and agents, while acting within the scope of their employment as such, from any and all costs, claims, judgment, and/or awards of damages, arising out of, or in any way resulting from, that PARTY's own negligent acts or omissions which may arise in connection with its performance under this Agreement. No PARTY will be required to indemnify, defend, or save harmless the other PARTY if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of the other PARTY. Where such claims, suits, or actions result from the concurrent negligence of the PARTIES, the indemnity provisions provided herein shall be valid and enforceable only to the extent of a PARTY's own negligence. Each of the PARTIES agrees that its obligations under this subparagraph extend to any claim, demand and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, each of the PARTIES, by mutual negotiation, hereby waives, with respect to the other PARTY only, any immunity that would otherwise be available to it against such claims under the Industrial Insurance provision of Title 51 RCW. In any action to enforce the provisions of the Section, the prevailing PARTY shall be entitled to recover its reasonable attorney's fees and costs incurred from the other PARTY. The obligations of this Section shall survive termination of this Agreement. 14.0 DISPUTE RESOLUTION a) The PARTIES shall make good faith efforts to quickly and collaboratively resolve any dispute arising under or in connection with this AGREEMENT. The dispute resolution process outlined in this Section applies to disputes arising under or in connection with the terms of this AGREEMENT. b) Informal Resolution. The PARTIES shall use their best efforts to resolve disputes promptly and at the lowest organizational level. c) In the event that the PARTIES are unable to resolve the dispute, the PARTIES shall submit the matter to non -binding mediation facilitated by a mutually agreed upon mediator. The PARTIES shall share equally in the cost of the mediator. d) Each PARTY agrees to compromise to the fullest extent possible in resolving the dispute in order to avoid delays or additional incurred cost to the Project. e) The PARTIES agree that they shall have no right to seek relief in a court of law until and unless the Dispute Resolution process has been exhausted. Packet Pg. 79 8.8.a 15.0 ENTIRE AGREEMENT LO W U) This Agreement, together with the RECIPIENT'S Grant Application, the provisions of chapter $ 47.26 Revised Code of Washington and/or 47.04 Revised Code of Washington, the provisions of title 479 Washington Administrative Code, and TIB Policies, constitutes the entire agreement — between the PARTIES and supersedes all previous written or oral agreements between the m PARTIES. o L 16.0 RECORDS MAINTENANCE Z The RECIPIENT shall maintain books, records, documents, data and other evidence relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. RECIPIENT shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the Agreement shall be subject at all reasonable times to inspection, review or audit by TIB personnel duly authorized by TIB, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. Approved as to Form Attorney General M Signature on file Guy Bowman Assistant Attorney General Lead Agency Chief Executive Officer Date Print Name Transportation Improvement Board Executive Director Date Print Name Packet Pg. 80 v' City of Edmonds 7th Ave. N Ped. Enhancements Z ✓- ina3 O Holy Rosary Church and School Oooe ZM i --- - -� MAIN ST_ - ---._ ■ 0 !Edmonds ,- Frances AndersonvlAL _ F_ ry Center I— ibra 4 0 505.19 1,010.4 Feet 752.3 This ma is a user generated static output from an Internet mapping site and is for 9r02$ P � g P PP g reference only. Data layers that appear on this map may or may not be accurate, WGS_1984_Web_Mercator_Auxiliary_Sphere current, or otherwise reliable. © City of Edmonds THIS MAP IS NOT TO BE USED FOR DESIGN OR CONSTRUCTION Legend W E Sections Boundary 0 Sections Q E Edmonds Boundary Q R ArcSDE.GIS.PROPERTY_BUILD ArcSDE.GIS.STREET_CENTERLI y <all other values> N Interstate d O Principal Arterial Minor Arterial; Collector Y Local Street; On Ramp Q State Highways rr C <all other values> - 0 m 1 � 2 fL County Boundary r Parks Q ArcSDE.GIS.PROPERTY_WASH ,V ArcSDE.GIS.PROPERTY_CITIES t ArcSDE.GIS.PROPERTY CITIES _ r.+ ti City of Edmonds r N City of Lynnwood r d City of Mountlake Terrace E t Unincorporated King Co; Uninc V O City of Woodway +4a� Q Citv of Arlinaton: Citv of Bothell Notes E z r Q Packet Pg. 81 1 8.9 City Council Agenda Item Meeting Date: 01/28/2025 2025 Animal Kenneling Services Agreement with PAWS (Progressive Animal Welfare Society) Staff Lead: Assistant Chief Rod Sniffen Department: Police Services Preparer: Alexandra Ehlert Background/History The Police Department maintains an agreement with PAWS as part of our Animal Control efforts. The PAWS facility is used by our staff and residents to shelter and re -home dogs and cats, rehabilitate injured or orphaned wildlife, and care for homeless pets. There are limited options in Snohomish County for these services and PAWS is local to the Lynnwood/South County Region. The City of Edmonds has partnered with PAWS for 10+ years for kenneling and animal services. PAWS costs are negotiated in this agreement. PAWS charges the city a per animal fee that includes any and all services associated with that animal and up to 72 hours of kenneling. A per day fee beyond the 72 hours is levied if they keep the animal housed longer, which must be requested by the city in writing. Pet owners must pay a fee to PAWS when claiming their animal. This fee offsets what PAWS charges the city by a nominal amount (ex. City is charged $238 to drop off the animal, the owner pays $20 to claim it back). Entering this agreement with PAWS will not impact the current budget. We have a budget line for PAWS fees within professional services. In 2024, we estimate total charges to be $17,402 (November and December 2024 invoices are yet to be paid). For 2025, we set this budget at $19,000 and do not anticipate costs going above this amount. The fee paid by pet owners to retrieve their animal is controlled by ECC 5.05.030. We have been developing a proposal to modify this ordinance and increase the fee animal owners must pay to retrieve their pets. With this increase, the offset for fees we pay PAWS will be much greater, thus reducing the fiscal impact this service has on the city. A proposal will be brought forward in a separate council action to modify ECC 5.05.030. This Kenneling Services Agreement was approved as to form by Sharon Cates on 1/7/25. Staff Recommendation Council approve the Mayor to sign the 2025 PAWS Animal Kenneling Services Agreement on the consent agenda. Narrative Attachments: Packet Pg. 82 8.9 DRAFT PAWS Animal Kenneling Services Agreement 1.8.2025 Packet Pg. 83 8.9.a 01 [ VAI ,ROSEN �``� City of Edmonds MIKE MAYOR 121 FIFTH AVENUE N. • EDMONDS, WA 98020 • 425-771-0251 ANIMAL KENNELING SERVICES AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into between the City of Edmonds, hereafter referred to as the "City", and Progressive Animal Welfare Society, hereafter referred to as "PAWS". WHEREAS, the City has determined by ordinances to regulate animals within the city limits, including licensing, prevention of at -large animals, and preventing animal nuisances; and WHEREAS, PAWS is a nonprofit organization duly organized under the laws of the State of Washington; and WHEREAS, the City has no animal kenneling services of its own; and N 0 N WHEREAS, the City and PAWS desire to enter into a contract defining the rights and CD responsibilities of PAWS and the City with respect to animal kenneling; OR NOW, THEREFORE, In consideration of the mutual covenants herein contained, PAWS and the City hereby mutually agree as follows: 1. Scope of work. The Scope of Work shall include all services and material necessary to accomplish the above -mentioned objectives in accordance with the specifics noted below. A. General Description. The Specific Scope of Work can be found in Exhibit A, incorporated by this reference fully as if herein set forth. B. Term and Termination. This Agreement shall be effective from January 1, 2025 through December 31, 2025. In the event that the period covered by this Agreement shall expire without the benefit of a new agreement, the rate schedule then in effect as of the date of contract expiry shall continue until such time as PAWS and the City agree to an amended rate schedule, provided that either party may, upon sixty (60) days' advance written notice, issue notice of termination, which shall not require cause, and after expiry of notice, the Agreement shall be of no further force or effect. Either parry may terminate this Agreement for cause upon the deposit of written notification in the U.S. Mail, postage prepaid, addressed to the regular mailing address of each parry. "Cause" shall mean the material breach by the other party of any provision of this Agreement. Upon Packet Pg. 84 8.9.a 2025 Animal Kenneling Services Agreement, Page 2 receipt of this notification, the breaching party will have ten (10) business days to cure the breach. If the breach is not cured by the end of that time period, or some other reasonable time period mutually agreed to by the parties, the termination will become effective at that time. 2. Payments. PAWS shall be paid by the City for completed work or services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Amount. Payment for work accomplished under the terms of this Agreement shall be set forth in Exhibit A. B. Process. All vouchers shall be submitted by PAWS to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to PAWS. PAWS may submit vouchers to the City as Y set forth in Exhibit A for services performed and accepted by the City. Billing shall be reviewed in conjunction with the City's warrant process. No voucher / a billing shall be considered for payment that is not sufficiently detailed to verify LO validity thereof, and that has not been submitted to the City three (3) days prior N to the scheduled cut-off date. Such late vouchers will be checked by the City and payment will be made in the next regular payment cycle. N CD C. Record Retention. The costs, records and accounts pertaining to this Agreement r are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall be made available upon 4) request. La 3. Ownership and use of documents. Any and all data gathered and documents and other work product prepared by PAWS in providing the services rendered by PAWS under this Agreement shall be and are the property of PAWS and shall not be considered public records; provided, however, that: A. Final Document. All final reports, presentations and testimony prepared by PAWS shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become public records. B. Copies. The City shall have the right, upon reasonable request, to inspect, review and, subject to the approval of PAWS, copy any work product. C. Default. In the event that PAWS shall default on this Agreement, or in the event that this Agreement shall be terminated prior to its completion as herein provided, the work product of PAWS, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this Agreement. The summary of work done shall be prepared at no additional cost. 2 Packet Pg. 85 8.9.a 2025 Animal Kenneling Services Agreement, Page 3 4. Hold harmless agreement. PAWS shall defend, indemnify, and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees resulting from the negligent, gross negligent and/or intentional acts, errors or omissions of PAWS, its agents or employees arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence or intentional acts of the City. PAWS specifically promises to indemnify the City against claims or suits brought under Title 51 RCW by its agent, employees, representatives, or subcontractors and waives any immunity that PAWS may have under that title with respect to, but only to, the City. PAWS further agrees to fully indemnify the City from and against any and all costs of defending any such claim or demand to the end that the City is held harmless therefrom. It is further specifically and expressly understood that the indemnification provided herein constitutes PAWS' waiver of immunity under Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The City shall defend, indemnify, and hold PAWS, its officers, officials, employees and E volunteers harmless from any and all claims, injuries, damages, losses or suits including a attorney fees resulting from the negligent, gross negligent and/or intentional acts, errors or LO omissions of the City, its agents or employees arising out of or in connection with the N performance of this Agreement, except for injuries and damages caused by the sole negligence or intentional acts of PAWS. The provisions of this section shall prevail over o any conflicting provision in this Agreement and shall apply to damages or claims resulting 00 from the concurrent negligence of the parties to the extent of each party's negligence. y 5. Insurance. PAWS shall secure and maintain in full force and effect during performance of all work pursuant to this Agreement a policy of business general liability insurance providing coverage of at least $1,000,000 per occurrence and aggregate for personal injury; and $1,000,000 per occurrence and aggregate for property damage. Insurance policies shall name the City as a named insured and shall include a provision prohibiting cancellation of said policy, except upon thirty (30) days written notice to the City. Certificates of coverage shall be delivered to the City within fifteen (15) days of execution of this Agreement. The coverage limits provided herein are neither intended nor shall they cap PAWS' liability resulting from breach of contract, warranty, negligence or any other act of tort. 6. Discrimination prohibited. PAWS shall not discriminate against any employee or applicant for employment because of race, color, religion, national origin, age, sex, sexual orientation, marital status, veteran status, liability for service in the armed forces of the United States, disability, or the presence of any sensory, mental or physical handicap, or any other protected class status, unless based upon a bona fide occupational qualification. 7. PAWS is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of PAWS shall be deemed to be an agent, employee or representative of the City for any purpose. PAWS shall be solely responsible for all acts of its agents, employees, representatives and subcontractors during the performance of this Agreement. 3 Packet Pg. 86 8.9.a 2025 Animal Kenneling Services Agreement, Page 4 8. City approval of work. Notwithstanding PAWS' status as an independent contractor, results of the work performed pursuant to this Agreement must meet the City's approval. 9. Termination for lack of appropriation. Notwithstanding any other provision in this Agreement, this Agreement shall terminate if the Edmonds City Council at its discretion does not appropriate the funds necessary for the City to perform its obligations under or provide the services for which it has entered into this Agreement. 10. Changes/Additional work. The City may engage PAWS to perform services in addition to those listed in this Agreement, and PAWS will be entitled to additional compensation for authorized additional services or materials. The City shall not be liable for additional compensation until and unless any and all additional work and compensation is approved in advance in a written amendment signed by both parties to this Agreement. If conditions are encountered which are not anticipated in the Scope of Work, the City understands that a revision to the Scope of Work and fees may be required. Provided, however, that nothing in this paragraph shall be interpreted to obligate PAWS to render services, or the City to pay for services rendered, in excess of the payments discussed in Section 2.A, except as the parties may agree with respect to additional work under this paragraph or unless and until an amendment to this Agreement is approved in writing by both parties. 11. Standard of care. PAWS represents that it has the necessary knowledge, skill and 0 experience to perform the services required by this Agreement. PAWS and any persons c employed by PAWS shall use their best efforts to perform the work in a professional manner 00 consistent with sound practices, in accordance with the usual and customary professional r t care required for services of the type described in the Scope of Work. 12. Supervision of employees. PAWS is responsible for the direct supervision of its employees, and a supervisor shall be available during PAWS' business hours to confer with the City with regard to services. PAWS commits that its services will be performed by careful and efficient employees trained in the best practice and highest standards imposed by PAWS. 13. Non -waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Non -assignable. The services to be provided by PAWS shall not be assigned or subcontracted, except in the course of operation of its foster care program, without the express written consent of the City. 15. Covenant against contingent fees. PAWS warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for PAWS, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for PAWS, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award of this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price 4 Packet Pg. 87 8.9.a 2025 Animal Kenneling Services Agreement, Page S or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 16. Compliance with laws. PAWS in the performance of this Agreement shall comply with all applicable Federal, State or local laws and ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and licensing of individuals, and any other standards or criteria as described in the Agreement to assure quality of services. PAWS specifically agrees to pay any applicable business and occupation (B & O) taxes which may be due on account of this Agreement. The City shall provide PAWS with current copies of all applicable policies, procedures, and City ordinances upon execution of this Agreement and shall provide PAWS with reasonable notice of the adoption of any amendments to such policies, procedures or ordinances affecting PAWS' performance under this Agreement. 17. Notices. Notices shall be sent to the following address, with receipt of any notice being deemed effective three (3) days after deposit of written notice. City of Edmonds PAWS c c/o Scott Passey, City Clerk c/o Jennifer Convy, Senior Director of Wildlife, LO City of Edmonds Companion Animal and Education Services N 121 Fifth Avenue North Progressive Animal Welfare Society, Inc. Edmonds, WA 98020 PO Box 1037 0 425-775-2525 Lynnwood, WA 98046 Ci OR 425-412-4031 r 18. Severability. This Agreement shall be read and interpreted as a whole, except that the headings for each numbered paragraph are for descriptive purposes and shall not prevail over the provision which they head. Any provision or part of the Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon the City and PAWS, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision; provided, however, in the event that paragraph 7 (PAWS is an independent contractor) is held to be void, this Agreement shall be at an immediate end, subject to payment of any outstanding vouchers pursuant to paragraph 2. 19. Integration. The Agreement between the parties shall consist of this document and Exhibit A, attached hereto. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties as provided in paragraph 10 (Changes/Additional work). In the event of any conflict between this written Agreement and any provision of Exhibit A, this Agreement shall control. 20. Venue and jurisdiction. This Agreement shall be construed and enforced in accordance with the laws of the State of Washington. Any dispute arising out of any alleged breach of this Agreement shall first be submitted to non -binding mediation for resolution. If the dispute is not resolved in mediation, the dispute may be pursued through litigation or other 5 Packet Pg. 88 8.9.a 2025 Animal Kenneling Services Agreement, Page 6 alternative dispute resolution process agreed upon in writing by the parties. Venue for any such proceeding shall be in Snohomish County, Washington. With regard to mediation, litigation, or other alternative dispute resolution process, each party will be responsible for its own attorney fees and costs and will split evenly the costs associated with the mediator's or other alternative dispute resolution process provider's services. 21. Force Mai eure. The parties shall not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the parties' reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. DATED THIS DAY OF JANUARY 2025. Y �a E E CITY OF EDMONDS PROGRESSIVE ANIMAL WELFARE SOCIETY Q LO N O N 0 N Mike Rosen, Mayor Heidi Wills Yamada, CEO N 00 ATTEST/AUTHENTICATED : Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Jennifer Convy, Senior Director of Wildlife, Companion Animal and Education Services 6 Packet Pg. 89 8.9.a 2025 Animal Kenneling Services Agreement, Page 7 STATE OF WASHINGTON ) )ss COUNTY OF SNOHOMISH ) On this day of 2025, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Jennifer Convy, Senior Director of Wildlife, Companion Animal & Education Services for the Progressive Animal Welfare Society, to me known to be the person who executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said person, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC N My commission expires: N N O N O 7 Packet Pg. 90 8.9.a 2025 Animal Kenneling Services Agreement, Page 8 Exhihit A 1. Undertakings of PAWS. 1.1 PAWS will furnish animal kenneling services to the City. Such services shall be provided following the best practices for animal shelters as established by the "Association of Shelter Veterinarians Guidelines for Standards of Care in Animal Shelters." To prevent the spread 4) P of disease, PAWS will follow medical protocols for vaccines and parasite prevention as established a by the PAWS veterinary team. If an impounded animal from the City requires additional medical care during the applicable holding period, as set forth in paragraph 1.6, below, PAWS will notify the City as soon as practicable that such medical care services will be provided. PAWS will seek 4) reimbursement for such services from the animal's owner and not from the City; unless the City CO has instructed PAWS to provide the additional specific care for the animal(s). Animal kenneling services provided pursuant to this Agreement shall include kenneling and holding animals at the p p g g g = facility operated by PAWS, releasing animals to owners, taking photographs of animals to post Y online as appropriate, and disposing of animals in a responsible and lawful manner, including adoption or transferring to another agency animals not claimed by owners after the period prescribed by ordinance and this Agreement. PAWS will provide spaying and neutering and a microchipping services in conjunction with its adoption services, and not as part of its kenneling c services. Spaying/neutering and microchipping will also be offered to guardians reclaiming their stray cat or dog. Guardians reclaiming their animal will pay for spaying and neutering services; N and all adopted animals will be microchipped, spayed or neutered, provided it is deemed medically CD safe by the PAWS veterinarian, per PAWS' policy. PAWS will be open during its ordinary, established business hours for stray and lost -and -found services. c 1.2 In addition to animals brought in by the City's Animal Control, other City officials, or citizens, PAWS agrees to accept animals seized or found within the city limits of Edmonds that are brought to PAWS by Lynnwood or Mountlake Terrace Animal Control officers under mutual aid when Edmonds has no Animal Control on duty. Mutual Aid for the purposes of this Agreement means only those animals that have been picked up within the city limits of Edmonds by Lynnwood or Mountlake Terrace Animal Control officers. 1.3 PAWS shall provide veterinary care at the discretion of PAWS' Senior Director of Wildlife, Companion Animal & Education Services or, in her absence, her designated representative (collectively "Shelter Manager"). If agreed upon by the Shelter Manager and a licensed veterinarian, ill or injured stray animals, whether licensed or not, whose owners cannot be notified, because the animal has no identification that is traceable or the owner cannot be reached by a single phone call, may be euthanized if the animal is in pain that cannot be relieved by such care as the shelter staff can reasonably provide. PAWS shall have a policy and procedure to follow to euthanize the animal and to reach the owner. When reasonably possible, PAWS shall recover costs from the owner of the animal for such veterinary treatment prior to release of the animal or euthanasia procedure. Unclaimed and unadoptable animals will be humanely euthanized and disposed of off -site. Disposal within the terms of this Agreement also includes disposal of dead animals that are picked up by the City as part of its animal control services or animals that die in PAWS' care. PAWS, at its discretion, may decline to provide disposal services for residents 8 Packet Pg. 91 8.9.a 2025 Animal Kenneling Services Agreement, Page 9 of the City when the deceased animal in question is owned by the resident or his/her immediate family, and/or has been euthanized by a private veterinarian. 1.4 PAWS agrees to abide by and strictly follow any and all procedures of Chapter 5.05 of the Edmonds City Code ("ECC"), as now and hereafter amended, regulating animals, particularly as they relate to the length of impoundment before disposing of any animals. PAWS and the City agree that Chapter 5.05 ECC, as now or hereafter amended, shall be incorporated by reference herein and shall be part of this Agreement as if set forth in full herein. 1.5 PAWS agrees not to release any kenneled animal to any person until PAWS is reasonably satisfied that the person has paid all applicable license, kenneling, and other fees to the appropriate agency, including the City. The City shall be responsible for the preparation of all reporting, fee collection and any accounting relating to such reporting and collecting. 1.6 Except as provided in paragraphs 1.3 and 1.4 above, PAWS agrees not to dispose of a any animal before seventy-two (72) hours upon receipt of receiving said animal from the City, Y excluding previously designated holidays being observed by PAWS, nor shall PAWS release any animal which has not been either spayed or neutered by a veterinarian in accordance with a procedures established by the City or has been designated by an agent of the City or such LO veterinarian as an inappropriate candidate for surgery, as such term is defined in Chapter 5.05 N ECC. Licensed, tagged, or identifiable animals will be held for ten (10) days by PAWS. Animals held under RCW 16.52.085 will be held for fifteen (15) business days. N CD 1.7 If not claimed by an owner during the applicable holding period, an animal shall immediately become the property of PAWS. Disposition of the animal is then at PAWS' discretion; provided, however, that: PAWS shall not dispose of the animal while any legal 4) proceedings of which it has notice and relating to the disposition of that animal are pending or in 2 contravention of any court order of which it has notice. a 1.8 PAWS and the City agree to work collaboratively on promoting adoptions of those animals brought to PAWS by the City. Adoptions shall be made in as timely a manner as possible and an animal's time in shelter shall be kept to a minimum. Persons adopting animals brought to PAWS and otherwise subject to the provisions of this Agreement will be solely responsible for paying all reasonable fees and costs charged by PAWS for its care and sheltering of the animal, in addition to applicable licensing fees, microchipping charges or other fees that PAWS, in its discretion, may charge. 1.9 PAWS reserves the right to refuse all animals other than dogs or cats, where, in PAWS' opinion, it does not have the facilities appropriate or available to accommodate the needs of such animal. PAWS further reserves the right to refuse any animal if the animal shelter is at its maximum capacity. The Shelter Manager shall have the authority to make such determinations. 1.10 The Shelter Manager can decline an owned animal that needs to be placed on "bite quarantine" if the City's Animal Control Officer approves that the animal can remain at the owner's house or be housed at another boarding facility or veterinary clinic at the owner's sole expense. 9 Packet Pg. 92 8.9.a 2025 Animal Kenneling Services Agreement, Page 10 2. Undertakings of the City. 2.1 In consideration of the services performed, the City shall pay to PAWS the sum of Two Hundred Thirty Eight Dollars ($238) per animal, which shall include costs of medical care and spay/neuter services as set forth in paragraph 1.1 above. This amount shall be adjusted in 2025 and 2026 by an amount equivalent to the June Seattle -Tacoma -Bellevue CPI-U for the preceding year not to exceed 4% (the sum shall be rounded up to the nearest dollar); PROVIDED, HOWEVER, that the renewal of the Agreement is subject to an appropriation of funds by the Edmonds City Council for future annual terms. If the City Council fails to appropriate funds for kenneling services, this Agreement shall expire at the end of the last term for which an appropriation has been made. 2.2 PAWS may also charge the City a per day fee of Twenty -Five Dollars ($25.00) per animal for animals held, at the City's written request, beyond the time periods specified in Section 1.6 of this Exhibit A. In the event of legal proceedings or court order, the City will provide PAWS with prompt written notice of the same and direct that the animal shall be held until further notice. 2.3 The City and PAWS may collaborate to promote responsible guardianship and attempt c to reduce future sheltering and animal control costs. The City may continue to support the LO community's movement to a safer and more humane environment by participating with PAWS as N follows: N O a) The City will continue to ensure that information on lost/found pets and licensing information OR is presented on the City website including appropriate links to PAWS and animal control r information. b) The City may work with PAWS to be visible in the community through appropriate and available city events and educational information. 10 Packet Pg. 93 8.10 City Council Agenda Item Meeting Date: 01/28/2025 Ordinance to update ECC 2.15.060 Judges pro tem Staff Lead: Council President Tibbott Department: City Clerk's Office Preparer: Scott Passey Background/History Current Edmonds City Code 2.15.060 requires that qualifications for judges pro tempore have the same qualifications of judges who are appointed. ECC 2.15.030 specifies that one of the qualifications for an elected or appointed judge is that they reside in Snohomish County. Recommendation Approval on consent agenda per committee recommendation. Narrative This update to ECC 2.15.060 would allow a larger pool of available pro tempore judges to serve as needed by the Edmonds Municipal Court, as well as making other appropriate changes the code. The sections amended by this ordinance have not been updated since 2006 and 2001, respectively, before Edmonds switched from an appointed judge to an elected judge. Attachments: 2025-01-14 Pro Tern Judge Ordinance Packet Pg. 94 8.10.a ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE CITY CODE PROVISIONS RELATED TO THE MUNICIPAL COURT JUDGE AND JUDGES PRO TEM. WHEREAS, current Edmonds City Code 2.15.060 requires that qualifications for judges pro tempore have the same qualifications of the elected judge; and WHEREAS, ECC 2.15.030 specifies that one of the qualifications for the judge is that they reside in Snohomish County; and WHEREAS, RCW 3.50.075 states that "a part-time appointed judge ... need not be a resident of the city or of the county in which the municipal court is created;" and WHEREAS, the sections amended by this ordinance have not been updated since 2006 and 2001, respectively, before Edmonds switched from an appointed judge to an elected judge; and WHEREAS, this update to ECC 2.15.060 would allow a larger pool of available pro tempore judges to serve as needed by the Edmonds Municipal Court as well as making other appropriate updates to the code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 2.15.030 of the Edmonds City Code, entitled "Judges Pro Tem," is hereby amended to read as follows (new text is shown in underline; deleted text is shown in 2.15.030 Judges — Appointme — Qualifications. A. , Packet Pg. 95 8.10.a The position of municipal court judge shall be filled by election for the term commencing on January 1, 2010, and every four years thereafter. The municipal judge shall be elected in the same manner as other elective city officials are elected to office. The term of the municipal judge shall be for four years. The mayor- shall not ap. i ' 2 0-9—Nothing in this section shall limit the mayor's authority to fill the position of municipal judge pursuant to ECC 2.15.070 or 2.15.210. C. A person elected or appointed as municipal judge shall be a citizen of the United States of America and of the state of Washington and a resident of Snohomish County; and an attorney admitted to practice law before the courts of record of the state of Washington. Section 2. Section 2.15.060 of the Edmonds City Code, entitled "Judges Pro Tem," is hereby amended to read as follows (new text is shown in underline; deleted text is shown in 2.15.060 Judges pro tem. The municipal court judge may designate one or more persons as judges pro tempore to serve in the absence or disability of the judge ^fin, or subsequent to the filing of an affidavit of prejudice, of in addition to the appointed judge when the Qualifications of the judges pro tempore shall be the same as for judges appointed pursuant to ECC 2.15.030, except that judges pro tem shall not be required to reside in Packet Pg. 96 8.10.a Snohomish County. Judges pro tempore shall have all the powers of the duly appointed judge when serving as judges pro tempore of the court. Before entering on his or her duties, each judge pro tempore shall take, subscribe and file an oath as is taken by the duly appoin judge. Judges pro tempore shall receive such compensation as shall be fixed by ordinance. Section 3. Severability. If any section, subsection, clause, sentence, or phrase of this ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. Section 4. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR MIKE ROSEN ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: Im JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Pg. 97 8.10.a SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of , 2025, the City Council of the City of Edmonds, passed Ordinance No. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE CITY CODE PROVISIONS RELATED TO THE MUNICIPAL COURT JUDGE AND JUDGES PRO TEM.. The full text of this Ordinance will be mailed upon request. DATED this day of 92025. 4840-7251-8158,v. 1 il CITY CLERK, SCOTT PASSEY Packet Pg. 98 8.11 City Council Agenda Item Meeting Date: 01/28/2025 Employment Agreement - Executive Assistant to City Council Staff Lead: Council President Tibbott Department: City Clerk's Office Preparer: Scott Passey Background/History The City Council may, pursuant to ECC 2.03.010, hire a contract employee on an annual basis to serve as its Executive Assistant. The contract is to provide for the delegation by the Mayor of the day-to-day employment direction of this individual to the City Council President. Recommendation Approve employment agreement on consent agenda per committee recommendation. Narrative Rebecca Black Peterson has been asked by the 2025 Council President to continue in the position Executive Assistant to Council. The current employment contract expires on January 31, 2025. This draft employment agreement has been drafted by Sharon Cates of Lighthouse, and reviewed by Human Resources. Attachments: 2025 Employment Agreement - CC Executive Assistant - Rebecca Black Peterson Executive Assistant to City Council Scope of Work Packet Pg. 99 8.11.a EMPLOYMENT AGREEMENT EXECUTIVE ASSISTANT TO CITY COUNCIL WHEREAS, the City Council of the City of Edmonds, Washington (hereinafter "City Council") utilizes the services of an Executive Assistant to perform a variety of confidential tasks related to its legislative and research functions; and WHEREAS, the Mayor of the City of Edmonds is by state statute the chief administrative officer of the City, invested with the power to hire and fire employees and to direct their day-to-day activities; and WHEREAS, in the interest of fostering an appropriate working relationship between the Executive Assistant and the City Council, the Mayor has evidenced his wish to delegate the day-to-day responsibility for the direction of said employee to the City Council's President; and WHEREAS, with the Mayor's consent, the City Council wishes to fill the position of Executive Assistant with an employee specifically answerable to the Council, under specific, limited terms and conditions governed by the provisions of this employment agreement and not subject to the general personnel policies of the City; NOW, THEREFORE, the City of Edmonds, Washington and Rebecca Black Peterson (hereinafter "Employee") do hereby enter into this agreement for employment services ("Agreement"). The Employee's employment will be governed exclusively by the provisions of this Agreement unless otherwise provided herein. 1. Term of Employment: This Agreement will take effect as of February 1, 2025 and will expire on January 31, 2026 unless extended pursuant to its terms. Thereafter, this Agreement may be extended for an unlimited number of terms of one (1) calendar year duration at the sole discretion of the City Council. The purpose of this term is to permit an annual review of the performance of the Employee by the outgoing City Council President in order that the City Council President may determine whether or not it is appropriate to renew this Agreement for an additional term. It is one of the basic understandings of this Agreement that the Employee will work closely with the City Council President and the City Council. As such, this position will be one in which the confidence of the City Council President and City Council will be essential to the proper performance of the Employee's duties. Therefore, the City Council reserves the right not to renew this Agreement, or to terminate this Agreement as herein provided, in order to preserve that confidence and a feeling of confidentiality between the City Council President, the City Council and the Employee as Executive Assistant. 2. Duties: The Employee will serve as the Executive Assistant for the City Council and complete legislative research when requested by Council. The Employee will be under the general day-to-day direction of the City Council President and will provide such assistance as may be necessary to individual members of the City Council. In the event of a conflict in direction between Council members, the Employee will rely upon Packet Pg. 100 8.11.a 2 2025 Employment Agreement Executive Assistant to City Council the direction of the City Council President. A generalized description of the duties of this position is attached hereto as Exhibit A and incorporated herein by this reference. The listing of duties in Exhibit A is intended as a descriptive tool only, and will not limit the City Council President or City Council to make task assignments; provided, however, that such duties be linked to the City Council President's Office and the legislative function of the City Council and will, in all respects, be governed by statutory, constitutional and ordinance limitations on the duties of public employees. The City Council President, by their signature below, specifically represents that the Mayor has delegated his statutory authority to direct the day-to-day duties of this Employee to the City Council to be exercised by and through the City Council President. This delegation is revocable by the Mayor and will not be binding on the subsequent elected or appointed mayors unless ratified by them. 3. Hours of Work: This is a full-time position. The Employee will work office hours as assigned and directed by the City Council through the City Council President. Such hours may normally be worked Monday through Friday between 8:00 a.m. and 5:00 p.m., with any appropriate meal and rest periods as required by law. In addition, the Employee may perform assigned work off site. Such hours will be within prescribed limits and approved by the City Council President. It is anticipated that the Employee will work up to 40 hours per week to successfully perform the required work. This general description of working hours will not limit the ability of the City Council President to change the working schedule or adjust it from time to time. 4. Wages and Benefits: The wages set forth in this Section 4 hereby provide for a base rate of $53.45 per hour, which is Step 5 of pay range NR-33. This rate will go into effect on February 1, 2025; provided, however, that this position is impacted by the non - represented employee furloughs adopted by the City Council for 2025, constituting twelve (12) days off work without pay during the calendar year. The Employee will schedule these furlough days with the approval of the City Council President. The impact of these furlough days is to reduce the Employee's annual compensation from $111,180 to $106,048.62. The Employee will move through the NR-33 pay range per the non - represented employee compensation policy. Step progressions will take place on February 1 of each year. In addition, the Employee will receive any annual COLA that the Council chooses to give non -represented employees. The Employee is eligible to participate in all benefits provided to non -represented employees as approved by the City Council, unless explicitly excluded. Such benefits will be provided pursuant to City policy and include, but are not limited to, insurance, sick leave, vacation, and holiday pay. The City will pay the applicable employer's portion of Medicare, PERS retirement, Municipal Employee Benefit Trust (MEBT), Washington State Industrial Taxes, and such other payments or benefits as may be required under the provisions of state and federal law based upon the number of hours worked. MEBT benefits will be provided as required by law or by the provisions of a plan document. "Plan Document" will mean for the purposes of this Agreement the MEBT or other contract, or policy documents, which require, by their terms, the participation of all qualified employees. Packet Pg. 101 8.11.a 3 2025 Employment Agreement Executive Assistant to City Council The City will allow the Employee to use payroll deduction (Premium Only Plan) to pay for the Employee's cost of insurance benefits. The City's payment is contingent on the Employee's qualification for such insurance program in accordance with Plan Documents and does not constitute an obligation to pay a sum in lieu of insurance or premium. The Employee may participate in any insurance opt -out program established by the City Council for non -represented employees. The Employee may participate in the City's Flexible Spending Account benefit at the Employee's expense. The provisions of this Agreement will control over any conflicting provision of the City ordinances, City Personnel Policy Manual, any collective bargaining agreement or any other general grant of benefits to City employees. 5. Confidentiality: One of the basic purposes of this Agreement is to provide an employee who serves in a confidential capacity to the City Council and its City Council President. The Employee acknowledges that they have been informed of the necessity for confidentiality and understands that they will report directly to the City Council President any matter which they feel would breach such confidence or confidentiality. In the event of any apparent conflict between the needs of the City Council and that of the City in general, the Employee will report such matter to the City Council President and rely on their direction. In keeping with this confidential relationship, the Executive Assistant position will not be a part of a collective bargaining unit or subject to any collective bargaining agreement. 6. Termination of Agreement: The parties acknowledge that this employment agreement creates an at -will employment relationship that may be terminated at any time, with or without cause, by either parry. This paragraph will control and supersede any portion of this Agreement that might otherwise be construed as in any way altering the Employee's at -will status. 7. Indemnification: As an employee of the City, the Employee will have the right to indemnification by and on behalf of the City for actions taken in the scope of her employment in accordance with the provisions of Chapter 2.06 of the Edmonds City Code as same exists or is hereafter amended. 8. Entire Written Agreement: This document represents the entire agreement, written or oral, between the parties. No representation or other oral agreement by either party will survive the execution of this document. This document will be amended only upon the express written agreement of both parties. The City Council President will confer with the Mayor regarding any change. 9. Severability: The provisions of this Agreement will be severable. In the event that any provision hereof is held to be void, illegal, or unenforceable, the remaining provisions will survive; PROVIDED, however, that in the event the provisions of paragraph 5, relating to the exclusion of this position from any collective bargaining unit, or of paragraph 6, relating to this Agreement as one of at -will employment, are/is held to be unenforceable, invalid, or void, this Agreement will immediately be at an end. Packet Pg. 102 4 8.11.a 2025 Employment Agreement Executive Assistant to City Council 10. Effective Date: The effective date of this Agreement will be the date set forth below. DONE THIS day of January 2025. CITY OF EDMONDS: EMPLOYEE: Neil Tibbott, Rebecca Black Peterson City Council President Packet Pg. 103 8.11.a 5 2025 Employment Agreement Executive Assistant to City Council EXHIBIT A EXECUTIVE ASSISTANT Scope of Work/Position Duties POSITION PURPOSE: Under direction of the Council President, provides public contact and complex clerical/administrative and research support to the Council. Plans and performs complex administrative office coordination to assures smooth, timely and efficient office operations for the department or assigned office; researches, collects, analyzes and compiles data and information for inclusion in reports; maintains records, files and budgets related to departmental operations, programs and expenditures. ESSENTIAL FUNCTIONS AND RESPONSIBILITIES: The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all employees in this classification, only a representative summary of the primary duties and responsibilities. Incumbents) may not be required to perform all duties listed and may be required to perform additional, position -specific duties. • Researches, collects and analyzes background data on pending legislative matters as requested. • Schedules meetings for Council and individual Council members; prepares agenda memos for Council. • Attends Council meetings as needed, prepares requested reports, minutes, agendas, correspondence and other materials as appropriate and according to decisions and approved actions. • Assists Council President in drafting budget and planning of various Council events and functions including coordinating arrangements for meeting facilities, equipment and refreshments as appropriate; coordinates management of legislative priorities with Council President. • Coordinates and prepares press releases for Council as requested and/or various community relations. • Plans and performs complex administrative office coordination; relieves the Council President of technical clerical and administrative duties having Council - wide impact. • Completes PSR's for the department, enters payroll into the City's financial accounting software for the department and processes Council accounts payables. • Performs various administrative duties including answering telephones and greeting visitors; provides information in person or on the telephone or refers to appropriate department personnel; opens, screens and routes mail. • Maintains calendars relating to Council events as requested; schedules appointments and conferences; assists with travel reservations and vehicle check - in and checkout for Council as requested. Packet Pg. 104 6 8.11.a 2025 Employment Agreement Executive Assistant to City Council • Composes, prepares and types a variety of correspondence, memos, reports and other materials and proofreads materials to assure accuracy and completeness. • Administers and oversees contracts, Interlocal Agreements and other agreements entered into by the City Council. • Organizes and coordinates office functions, activities and communications; assures efficient workflow and office operations. • Must be able to work independently under direction of Council President to complete assignments. • Maintains accurate financial records and files pertaining to departmental expenditures, budget balances and operations; prepares status reports, charts and other documents as requested; prepares and coordinates purchase of office supplies, equipment and other expenditures. • Manages and maintains all records as required by State and Federal law; including, but not limited to, records related to City elections, and records pertaining to State audit requirements. • Provides staff support and administrative assistance to various boards and committees; prepares reports, agendas, correspondence and other materials as appropriate and according to decisions and approved actions. • Manages and maintains website for Council and provide website support/administration for Council and any Council -related assigned boards, committees, groups and/or events. • Maintains files and records related to Council activities/business and retains and purges records as needed under the Washington State records retention and archiving rules. • Operates office machines including: computers, copiers, calculators, fax machines and other equipment as assigned. • Performs a variety of special duties, projects or activities of the Council Office. Required Knowledge of: • City organization, procedures, federal and state laws. • Administrative functions and operations of a City government. • Legislative processes, research methods, data collection and statistical analysis. • Accurate, lawful, and efficient record -keeping techniques. • Budget monitoring and control including proficient skills in mathematics. • Interpersonal skills using tact, patience and courtesy. • Principles of customer service and public relations. • Proper telephone etiquette. • Effective oral and written communication principles and practices. Packet Pg. 105 8.11.a 2025 Employment Agreement Executive Assistant to City Council • Modern office procedures, methods, and equipment including computers and computer applications and software programs sufficient to perform assigned work. • English usage, spelling, grammar and punctuation. • Principles of business letter writing. Required Skill in: • Computer applications to include Microsoft Office Suite (such as Word, Excel, Outlook, PowerPoint, etc.). • Tracking and researching legislative bills. • Assisting in the management of workload items for 7 Council members who may have, at times, competing interests. • Performing technical clerical and administrative duties having department -wide impact. • Planning and performing technical administrative office coordination duties. • Maintaining records, files, and information in compliance with laws, policies and procedures. • Interpreting, applying and explaining rules, regulations, policies, procedures and laws. • Must be able to meet required deadlines for legislative/administrative duties/assignments. • Successfully meeting schedules and time lines. • Preparing a variety of reports, logs, records and files related to assigned activities. • Maintaining confidentiality of sensitive information, including confidentiality between staff and Council members; working confidentially with discretion. • Being flexible and able to work with diverse personalities. • Researching a variety of subjects and presenting information in an efficient, accurate manner. • Utilizing personal computer software programs and other relevant software affecting assigned work. • Working with diverse interest groups with potentially competing priorities. • Establishing and maintaining effective working relationships with elected officials, staff (other departments), management, vendors, outside agencies, community groups and the general public. • Meeting schedules and time lines and ability to work independently. • Communicating effectively verbally and in writing including public relations and customer service. Packet Pg. 106 8.11.a 2025 Employment Agreement Executive Assistant to City Council MINIMUM QUALIFICATIONS: Education and Experience: Any combination equivalent to: graduation from high school including or supplemented by course work in political science, business administration, office management, office administration or related field and three years of increasingly responsible administrative office support experience including research work. Previous work experience in a legislative environment and/or role preferred. Required Licenses or Certifications: Valid State of Washington Driver's License. Must be able to successfully complete and pass a background check. WORKING CONDITIONS: Environment: • Office environment. • Constant interruptions. • The employee may be required to work some evenings (Tuesday night Council meetings) and occasional weekends for Council events as necessary. • Must be able to work in a solitary environment. Physical Abilities: • Hearing, speaking or otherwise communicating to exchange information in person or on the phone. • Reading and understanding a variety of materials. • Operating/using a computer keyboard and other office equipment. • Sitting, standing or otherwise remaining in a stationary position for extended periods of time. • Bending at the waist, kneeling or crouching, reaching above shoulders and horizontally or otherwise positioning oneself to accomplish tasks. • Lifting/carrying or otherwise moving or transporting up to 201bs. Hazards: • Contact with angry or potentially upset individuals. Packet Pg. 107 8.11.b EXECUTIVE ASSISTANT Scope of Work/Position Duties POSITION PURPOSE: Under direction of the Council President, provides public contact and complex clerical/administrative and research support to the Council. Plans and performs complex administrative office coordination to assure smooth, timely and efficient office operations for the department or assigned office; researches, collects, analyzes and compiles data and information for inclusion in reports; maintains records, files and budgets related to departmental operations, programs and expenditures. ESSENTIAL FUNCTIONS AND RESPONSIBILITIES: The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all employees in this classification, only a representative summary of the primary duties and responsibilities. Incumbents) may not be required to perform all duties listed and may be required to perform additional, position -specific duties. • Researches, collects and analyzes background data on pending legislative matters as requested. • Schedules meetings for Council and individual Council members; prepares meeting agenda memos. • Prepares and coordinates agenda items to include review and editing of agenda memos, monitoring deadlines, and tracking action items and follow up. • Attends Council meetings as needed, prepares requested reports, minutes, agendas, correspondence and other materials as appropriate and according to decisions and approved actions. • Assists Council President in drafting budget and planning of various Council events and functions including coordinating arrangements for meeting facilities, equipment and refreshments as appropriate; • Coordinates management of legislative priorities with Council President. • Coordinates and prepares press releases for Council as requested and/or various community relations. • Plans and performs complex administrative office coordination; relieves the Council President of technical clerical and administrative duties having Council - wide impact. • Completes PSR's for the department, enters payroll into the City's financial accounting software for the department and processes Council accounts payables. • Performs various administrative duties including answering telephones and greeting visitors; provides information in person or on the telephone or refers to appropriate department personnel; opens, screens and routes mail. • Maintains calendars relating to Council events as requested; schedules appointments and conferences; assists with travel reservations and vehicle check - in and checkout for Council as requested. Packet Pg. 108 8.11.b 2 2023 Employment Agreement Executive Assistant to City Council • Composes, prepares and types a variety of correspondence, memos, reports and other materials and proofreads materials to assure accuracy and completeness. • Administers and oversees contracts, Interlocal Agreements and other agreements entered into by the City Council. • Organizes and coordinates office functions, activities and communications; assures efficient workflow and office operations. • Coordinates projects for City Council; manages project timelines and deliverables including the coordination of project activities and resources • Maintains accurate financial records and files pertaining to departmental expenditures, budget balances and operations; prepares status reports, charts and other documents as requested; prepares and coordinates purchase of office supplies, equipment and other expenditures. • Manages and maintains all records as required by State and Federal law; including, but not limited to, records related to City elections, and records pertaining to State audit requirements. • Provides staff support and administrative assistance to various boards and committees; prepares reports, agendas, correspondence and other materials as appropriate and according to decisions and approved actions. • Manages and maintains website for Council and provide website support/administration for Council and any Council -related assigned boards, committees, groups and/or events. • Maintains files and records related to Council activities/business and retains and purges records as needed under the Washington State records retention and archiving rules. • Operates office machines including: computers, copiers, calculators, fax machines and other equipment as assigned. • Performs a variety of special duties, projects or activities of the Council Office. Required Knowledge of: • City organization, procedures, federal and state laws. • Administrative functions and operations of a City government. • Legislative processes, research methods, data collection and statistical analysis. • Accurate, lawful, and efficient record -keeping techniques. • Budget monitoring and control including proficient skills in mathematics. • Interpersonal skills using tact, patience and courtesy. • Principles of customer service and public relations. • Proper telephone etiquette. • Effective oral and written communication principles and practices. • Modern office procedures, methods, and equipment including computers and computer applications and software programs sufficient to perform assigned work. Packet Pg. 109 3 8.11.b 2023 Employment Agreement Executive Assistant to City Council • English usage, spelling, grammar and punctuation. • Principles of business letter writing. Required Skill in: • Computer applications to include Microsoft Office Suite (such as Word, Excel, Outlook, PowerPoint, etc.). • Tracking and researching legislative bills. • Assisting in the management of workload items for 7 Council members who may have, at times, competing interests • Performing technical clerical and administrative duties having department -wide impact. • Planning and performing technical administrative office coordination duties. • Maintaining records, files, and information in compliance with laws, policies and procedures. • Interpreting, applying and explaining rules, regulations, policies, procedures and laws. • Working independently under direction of Council President to complete assignments. • Adhering to schedules and timelines and meeting required deadlines for legislative/administrative duties/assignments. • Preparing a variety of reports, logs, records and files related to assigned activities. • Maintaining confidentiality of sensitive information, including confidentiality between staff and Council members; working confidentially with discretion. • Being flexible and able to work with diverse personalities. • Researching a variety of subjects and presenting information in an efficient, accurate manner. • Utilizing personal computer software programs and other relevant software affecting assigned work. • Working with diverse interest groups with potentially competing priorities. • Establishing and maintaining effective working relationships with elected officials, staff (other departments), management, vendors, outside agencies, community groups and the general public. • Communicating effectively verbally and in writing including public relations and customer service. MINIMUM QUALIFICATIONS: Packet Pg. 110 8.11.b 2023 Employment Agreement Executive Assistant to City Council Education and Experience: Any combination equivalent to: graduation from high school including or supplemented by course work in political science, business administration, office management, office administration or related field and three years of increasingly responsible administrative office support experience including research work. Previous work experience in a legislative environment and/or role preferred. Required Licenses or Certifications: Valid State of Washington Driver's License. Must be able to successfully complete and pass a background check. WORKING CONDITIONS: Environment: • Office environment. • Constant interruptions. • The employee may be required to work some evenings (Tuesday night Council meetings) and occasional weekends for Council events as necessary • Must be able to work in a solitary environment. Physical Abilities: • Hearing, speaking or otherwise communicating to exchange information in person or on the phone. • Reading and understanding a variety of materials. • Operating/using a computer keyboard and other office equipment. • Sitting, standing or otherwise remaining in a stationary position for extended periods of time. • Bending at the waist, kneeling or crouching, reaching above shoulders and horizontally or otherwise positioning oneself to accomplish tasks. • Lifting/carrying or otherwise moving or transporting up to 201bs. Hazards: • Contact with angry or potentially upset individuals. Packet Pg. 111 8.12 City Council Agenda Item Meeting Date: 01/28/2025 Adoption of Ordinance amending ECC 1.04 Council Meetings Staff Lead: City Council Department: City Clerk's Office Preparer: Scott Passey Background/History The city council has the power to organize and regulate its internal affairs under RCW 35A.11.020. This includes the time, manner, and structure of council meetings. Over the years, the city council has amended its code several times in response to changing needs and to maximize council effectiveness in the conduct of city business. On January 14, Council discussed and approved changes to ECC 1.04 and directed the city attorney to bring forward an ordinance for adoption on the consent agenda. Staff Recommendation Adopt Ordinance amending ECC 1.04, Council Meetings, as part of the consent agenda. Narrative N/A Attachments: UPDATE CP memo to Council re proposed changes to council meetings 20250108 UPDATED Council Committee Assignments 2025 DRAFT Ordinance Amending ECC 1.04 Council Meetings Packet Pg. 112 8.12.a �r EDo CITY OF EDMONDS 121 5T" AVENUE NORTH - EDMONDS, WA 98020 - 425-771-0248 - FAX 425-771-0254 Website: www.edmondswa.gov � ro . CITY COUNCIL S-? Date: January 13, 2025 To: Edmonds City Councilmembers From: Neil Tibbott, Council President Subject: UPDATED Proposed Changes to Council meetings and Council Committees For consideration and discussion during our January 14 council meeting, I propose the following adjustments, with updated information as a result of valuable staff input after the agenda was published: Regular Council meetings: • Adjust start time to 6:00pm and adjournment time to 9:00 pm • Council seating assignments - alternate monthly Council Committees: • Establish two committees made up of three councilmembers, with one serving as chair. Each committee will meet virtually for 90 minutes at 3:30pm, with Committee A meeting on the first Tuesday of the month, and Committee B meeting on the third Tuesday of the month, and consider business items of all matters, not department specific. Items that receive majority unanimous support may be forwarded to a city council consent agenda. (note: this meeting schedule allows city staff the flexibility of committee business being considered twice a month). The council president will serve as ExOfficio to both committees, and will fill in if there is an absence. If the chair of the committee is absent, the committee member with the most council seniority will serve as chair (or the lowest council position number if there is a tie) • Establish a Committee of the Whole made up of seven councilmembers, with the council president serving as chair. This Committee of the Whole will meet virtually on the third Tuesday of the month from 6pm — 9pm, and consider items including Finance, code updates, as well as other matters benefitting from council -wide presentation and discussion. No final action would occur during this committee meeting, rather consideration of a future consent agenda or full council agenda item. Election Day: w • Codify the practice of rescheduling council meetings that fall on a primary or general election day, and any special elections that the city has a ballot measure. U f� Q Packet Pg. 113 8.12.b CITY COUNCIL 2025 COMMITTEE REPRESENTATIVES Committee of the Council Representative(s) Committee A (3) 3:30 PM on the 1st Tuesday of month — 90 minutes Chair: Dotsch Paine, Chen Committee B (3) 3:30 PM on the 3rd Tuesday of month — 90 minutes Chair: Nand Eck, Olson Committee as a Whole — 6:00 — 9:00pm on the 3rd Tuesday of month Finance, Council -wide topics and presentations, Training Chair: Tibbott Council Working Committee Legal Assessment Committee (2) established by ECC2.05.035 Tibbott, Paine City of Edmonds Boards, Committees and Commissions Council Liaisons for 2025 are assigned only to groups who are mandated to hold meetings. For those non -mandated groups who may be approved by the mayor or council vote to hold special meetings, the Council President will assign a councilmember with priority to the previously assigned liaison. Disability Board (Edmonds) Mayor appoints (2) Councilmembers (meets quarterly) Appointments TBD by mayor Lodging Tax Advisory Committee (Edmonds) Olson Outside Boards/Commissions/Advisory Affordable Housing Alliance Dotsch Community Transit Paine Edmonds Chamber of Commerce Olson Lake Ballinger Work Group Nand PFD Oversight Committee (Edmonds) Olson Port of Edmonds 211 and 41" Monday Chen Seashore Transportation Forum Paine SNOCOM 911 3rd Thursday Eck Snohomish County Tomorrow Alternate: Olson Nand Salmon Recovery — WRIA 8 Dotsch w _ 3 0 tU 0 U c.� w a) =a a� E c� a� _ �a =a L 0 0 _ 0 a 0 Q LL Q 0 LO N O N N C a� E _ .y N Q a� a� E E 0 U 0 CU G LU Q 0 a a� E c� w Q Packet Pg. 114 8.12.c ORDINANCE NO. XXXX AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE CITY CODE PROVISIONS FOR COUNCIL MEETINGS AND COUNCIL COMMITTEE MEETINGS WHEREAS, the city council has the power to organize and regulate its internal affairs under RCW 35A.11.020; and WHEREAS, the city council sees fit to modify its council meeting times and committee meeting structure to allow greater flexibility and efficiency; and WHEREAS, the city council has determined that regular meetings which fall on an election day should occur on the immediately preceding day; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 1.04.010 of the Edmonds City Code, entitled "Regular public meeting time and days," is hereby amended to read as follows (new text is shown in underline; deleted text is shown in stfike dffettgfi): 1.04.010 Regular public meeting time and days. A. Full Council. Regular meetings of the city council shall be held on every Tuesday of every month at =6:00 p.m., except for the third and fifth Tuesdays of any month, the last Tuesday of August, and the first Tuesday of September, and as adjusted to accommodate an election pursuant to ECC 1.04.035. Regular meetings of the city council shall be held as a hybrid meeting that is accessible both virtually and in person and where the in -person component is conducted in the Council Chambers, Public Safety Complex, 250 Fifth Avenue N., Edmonds, Washington. Council meetings shall adjourn no later than 4=09:00 p.m. on the day initiated unless such adjournment is extended by an affirmative vote of a majority of the council as a whole plus one. B. Council Committees. The city council shall have the following standing committees: Committee A; Committee B, and Committee of the Whole face; r-ks and publ ,.._,,,rk ("PP "); ,. ublie safety, planning, h .an se ciees,-and per -some! ("PSPHSX) Regular meetings of the city council standing committees shall be held at the following dates and Packet Pg. 115 8.12.c times: Committee A on the first Tuesdav of each month from 3:00 Dm to 4:30 pm: Committee B on the third Tuesday of each month from 3:00 pm to 4:30 pm; and Committee of the Whole on the third Tuesday of each month from 6:00 pm to 9:00 pm on Tuesday of ever-y month. Councilmembers and staff may attend all committee meetings � virtually. Members of the public may view the meeting virtually from their own device or from a monitor provided by the city in the city council conference room, 121 5th Avenue North, Edmonds WA 98020. The r-espeefive r-egular- eemmittee meeting times shall be as follows.: (1) PSP14SP shall emmeneezat3:vp.mraiiiren at 5:30 p.m.; (7) finanee p eemmenee 30 p.m. and end at 7;30 p.m.; and (3) PPW shall eemmenee at 1!30 p.m. V le and end at 3:30 " . Recordings of city council standing committee meetings shall be made r and posted online. U Section 2. A new Section 1.04.035 of the Edmonds City Code, entitled "Election Day," is hereby added to read as follows: 1.04.035 Election Day In the event a regularly scheduled city council meeting or committee of the whole meeting falls on a primary or general election day, or on a special election day where the city has placed a ballot measure before the voters, the regular meeting shall take place on the immediately preceding day at the same time and place as it would have were it not for the election. Section 3. Section 1.04.050 of the Edmonds City Code, entitled "Committee functions," is hereby amended to read as follows (new text is shown in underline; deleted text is shown in strike -through): 1.04.050 Committee functions. A. The purpose of council committees is to provide a forum for discussion and vetting of topics or issues proposed for council approval. This forum may address issues of a minor or routine nature, or significant issues that warrant additional information sharing and discussion prior to final council action. AB. Business items considered by a city council committee should only be forwarded to the city council consent agenda with the unanimous consent of the committee members. 4C. Committee business items that have not received unanimous support of the committee to be forwarded to the consent agenda may be discussed at a forthcoming committee meeting if additional committee work is likely to produce unanimity. Alternatively, the council president may place the item on a future council agenda for further deliberation and/or action by the city council. Packet Pg. 116 8.12.c GD. The council president shall be a nonvoting ex-officio member of all council committees, except when a regular committee member is absent, in which case the council president may vote. When a committee chair is absent, the other regular committee member shall serve as the committee chair. PE. The mayor and council members from other committees may attend committee meetings of which they are not members and may join the discussion and ask questions about a committee business item if they have been present during the entire discussion of that business item; provided, that only committee members, or the council president when substituting for an absent committee member, may vote on committee business. Presence of a quorum of the city council at a committee meeting shall not change the character of the meeting from a committee meeting to a city council meeting. F. Items may be placed on the agenda of any standing committee at the discretion of the council president, PROVIDED THAT any standing committee agenda may be modified during angular meeting of the committee by the consent of a majori , of the committee. Section 4. Severability. If any section, subsection, clause, sentence, or phrase of this ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. Section 5. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR MIKE ROSEN ATTEST/AUTHENTICATED : CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: Packet Pg. 117 8.12.c BY JEFF TARADAY FILED WITH THE CITY CLERK: _ PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. o U 0 Packet Pg. 118 8.12.c SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of , 2025, the City Council of the City of Edmonds, passed Ordinance No. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE CITY CODE PROVISIONS FOR COUNCIL MEETINGS AND COUNCIL COMMITTEE MEETINGS The full text of this Ordinance will be mailed upon request. DATED this day of 52025. CITY CLERK, SCOTT PASSEY 5 Packet Pg. 119 9.1 City Council Agenda Item Meeting Date: 01/28/2025 Extension of Interim Planning & Development Director Appointment Staff Lead: Jessica Neill Hoyson Department: Human Resources Preparer: Jessica Neill Hoyson Background/History Shane Hope was appointed by the Mayor as the Interim Planning and Development Director. Per City Code 2.10, extensions of acting assignments, beyond 6 months, must be approved by City Council. Acting Director Hope's initial 6 month appointment will expire on 03/09/25. Staff Recommendation Approve Extension of Shane Hope as Interim Planning & Development Director for 6 months or until the position of Planning & Development Director (Title may change) is filled. Narrative Per Policy and Edmonds City Code, the Mayor is requesting an extension of this appointment as he is currently considering a reorganization of this department that will result in a change to the job classification of this position. This will need to be completed prior to the position being posted for recruitment. While this process is moving forward, a hire will not occur prior to the end of Acting Director Hope's initial 6 month appointment. Packet Pg. 120 9.2 City Council Agenda Item Meeting Date: 01/28/2025 Extension of Interim Public Works &Utilities Director Appointment Staff Lead: Jessica Neill Hoyson Department: Human Resources Preparer: Jessica Neill Hoyson Background/History Phil Williams was appointed by the Mayor as the Interim Public Works & Utilities Director. Per City Code 2.10, extensions of acting assignments, beyond 6 months, must be approved by City Council. Acting Director Williams' initial 6 month appointment will expire on 02/12/25. Staff Recommendation Approve Extension of Phil Williams as Interim Public Works & Utilities Director for 6 months or until the position of Public Works & Utilities Director is filled and approve corresponding employment contract. Narrative Per Policy and Edmonds City Code, the Mayor is requesting an extension of this appointment. The Mayor has been in the process of determining organizational restructures that would potentially impact the job classification of this position. It has been determined that the position can be posted prior to those changes being completed. At this time we are working with a recruiting firm to determine time- lines for beginning the active recruitment. This process will not be complete prior to the expiration of Acting Director William's current appointment. Mr. Williams terms of employment were established via an employment contract and this contract will need to be extended. Amendment #2, which extends the contract is attached. The underlying contract and amendment #1 are attached for reference and were previously approved under the Mayor's authority. Attachments: Phil Williams Professional Services Agreement (Final) 8.9.2024 signed3 Williams Phil PSA Amendment No. 1 12..3.20243 Amendment No. 2 - Phil Williams PSA 1.22.2025 Packet Pg. 121 Docusign Envelope ID: 91D979CE-B03B-41C6-AB79-05D10B173226 9.2.a ' CITY OF EDMONDS J l= 121 5T" AVENUE NORTH • EDMONDS, WA 98020 - 425-771-0220 FAX 425-672-5750 Website: www.edmondswa.gov 18go 19Q0 PROFESSIONAL SERVICES AGREEMENT MIKE ROSEN MAYOR THIS AGREEMENT ("Agreement") is made and entered into between the City of Edmonds, hereinafter referred to as the "City," and Phil Williams, hereinafter referred to as the "Consultant." WHEREAS, the City desires to engage the professional services and assistance of a consultant to serve as Interim Public Works / Utilities Director for the City of Edmonds; and WHEREAS, the Consultant, having previously served as the City's Public Works / Utilities Director, has the necessary skills and experience, and desires to provide such services to the City; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of work. The scope of work shall include all services and material necessary to accomplish the above mentioned objectives in accordance with the City of Edmonds Public Works / Utilities Director Job Description, set forth as the Scope of Work and marked as Exhibit A, attached hereto and incorporated herein by this reference. 2. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on a retainer basis as set forth in the Fee Schedule in Exhibit A; provided, in no event shall the payment for work performed pursuant to this Agreement exceed the sum of ONE HUNDRED THOUSAND DOLLARS ($100,000.00). B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the progress of the work. Billings shall be reviewed in conjunction with the City's warrant process. No billing shall be considered for payment that has not been submitted to the City three (3) days prior to the scheduled cut-off date. Such late vouchers will be checked by the City and payment will be made in the next regular payment cycle. C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall be made available upon request. 1 Packet Pg. 122 Docusign Envelope ID: 91D979CE-B03B-41C6-AB79-05D10B173226 9.2.a 3. Ownership and use of documents. All research, tests, surveys, preliminary data, reports, and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant under this Agreement shall be and are the property of the Consultant, provided, however, that: A. All final reports, presentations, documentation and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become the property of the City. B. The City shall have the right, upon reasonable request, to inspect, review and copy any work product during normal office hours. Documents prepared under this Agreement and in the possession of the Consultant may be subject to public records request and release under Chapter 42.56 RCW. C. In the event that the Consultant shall default on this Agreement, or in the event that this Agreement shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this Agreement. The summary of work done shall be prepared at no additional cost. 4. Time of performance. This Agreement will commence on August 12, 2024 and expire on December 11, 2024. The Consultant shall perform the work authorized by this Agreement promptly in accordance with the receipt of the required governmental approvals. 5. Indemnification / Hold harmless agreement. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses, demands, or suits at law or equity arising from the acts, errors or omissions of the Consultant in the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the city, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. The Consultant shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The Consultant specifically assumes potential liability for actions brought by the Consultant's own employees against the City and, solely for the purpose of this indemnification and defense, the Consultant specifically waives any immunity under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 6. Insurance. The parties shall obtain and keep in force during the term of this Agreement the types and amounts of liability insurance each deems reasonable and appropriate for the purposes of insuring the services to be provided under the Agreement. 7. Discrimination prohibited. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, national origin, age, sex, sexual orientation, marital status, veteran status, liability for service in the armed forces of the United States, disability, or the presence of any sensory, mental or physical handicap, or any other protected class status, unless based upon a bona fide occupational qualification. Packet Pg. 123 Docusign Envelope ID: 91D979CE-B03B-41C6-AB79-05D10B173226 9.2.a 8. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. The Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractors during the performance of this Agreement. 9. City approval of work and relationships. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this Agreement must meet the approval of the City. During pendency of this Agreement, the Consultant shall not perform work for any party with respect to any property located within the City of Edmonds or for any project subject to the administrative or quasijudicial review of the City without written notification to the City and the City's prior written consent. 10. Termination. In the event that a party fails to comply with any of the material terms and conditions of this Agreement, the non -breaching party may terminate this Agreement with cause upon giving the other party written notice of such termination no fewer than ten (10) days in advance of the effective date of said termination. 11. Integration. The Agreement between the parties shall consist of this document and the Scope of Work and Fee Schedule attached hereto as Exhibit A. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibit A, this Agreement shall control. 12. Changes/Additional Work. The City may engage the Consultant to perform services in addition to those listed in this Agreement, and the Consultant will be entitled to additional compensation for authorized additional services or materials. The City shall not be liable for additional compensation until and unless any and all additional work and compensation is approved in advance in writing and signed by both parties to this Agreement. If conditions are encountered which are not anticipated in the Scope of Work, the City understands that a revision to the Scope of Work and fees may be required. Provided, however, that nothing in this paragraph shall be interpreted to obligate the Consultant to render services, or the City to pay for services rendered, in excess of the Scope of Work in Exhibit A unless or until an amendment to this Agreement is approved in writing by both parties. 13. Standard of Care. The Consultant represents that the Consultant has the necessary knowledge, skill and experience to perform services required by this Agreement. The Consultant and any persons employed by the Consultant shall use their best efforts to perform the work in a professional manner consistent with sound practices, in accordance with the schedules herein and in accordance with the usual and customary professional care required for services of the type described in the Scope of Work. 14. Non -waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. Non -assignable. The services to be provided by the Consultant shall not be assigned or subcontracted without the express written consent of the City. 16. Covenant against contingent fees. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or Packet Pg. 124 Docusign Envelope ID: 91D979CE-B03B-41C6-AB79-05D10B173226 9.2.a resulting from the award of making of this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 17. Compliance with laws. The Consultant in the performance of this Agreement shall comply with all applicable Federal, State or local laws and ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and licensing of individuals, and any other standards or criteria as described in the Agreement to assure quality of services. The Consultant specifically agrees to pay any applicable business and occupation (B & O) taxes which may be due on account of this Agreement. 18. Notices. Notices to the City of Edmonds shall be sent to the following address: City of Edmonds 121 Fifth Avenue N Edmonds, WA 98020 Notices to the Consultant shall be sent to the following address: Phil Williams 7306 2131 Place SW, Apt. 305 Edmonds, WA 98026 Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the U.S. mails, with proper postage and properly addressed. DATED THIS 16 day of August 2024. CITY OF EDMONDS CONSULTANT Signed by: Signed by: NO- psun, FU RIMS Mike Rosen, Mayor Phil Williams ATpTT�S T/4UTHENTICATED : Scott Passey, City Clerk APPROVED AS TO FORM: Es Srrigned y: uaV vb (4s O ice o t e City Attorney Packet Pg. 125 Docusign Envelope ID: 91D979CE-B03B-41C6-AB79-05D10B173226 9.2.a STATE OF WASHINGTON ) )ss COUNTY OF KING ) On this day of 2024, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Phil Williams, to me known to be the person who executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said person, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: Packet Pg. 126 Docusign Envelope ID: 91D979CE-B03B-41C6-AB79-05D10B173226 9.2.a EXHIBIT A Scope of Work The Consultant will be available to perform any and all of the responsibilities of the City of Edmonds Public Works / Utilities Director position in accordance with the following job description: PUBLIC WORKS / UTILITIES DIRECTOR Department: Public Works Pay Grade: NR-21 Bargaining Unit: Non Represented FLSA Status: Exempt Revised Date: November 2012 Reports To: Mayor POSITION PURPOSE: Under administrative direction, plans, organizes, controls and directs the capital improvements, operations and maintenance functions of City-wide Public Works services; operates and maintains City -owned infrastructure including streets, drainage, water and sewer utilities, buildings and vehicle fleet; supervises and evaluates the performance of assigned personnel. Directors are responsible for the operations of the departments and may delegate signing authority except as limited by the provisions of Edmonds City Code or state or federal law. ESSENTIAL FUNCTIONS AND RESPONSIBILITIES: The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all employees in this classification, only a representative summary of the primary duties and responsibilities. Incumbent(s) may not be required to perform all duties listed and may be required to perform additional, position -specific duties. • Directs Department operations to maintain effective and efficient programs, and assures compliance and accountability with federal, state, and local regulations, policies and procedures. • Plans, directs, coordinates, monitors and reviews the work of assigned staff; assigns work activities and coordinates schedules, projects and programs. • Supervises, coaches, trains and motivates staff, coordinates and/or provides staff training. • Provides constructive feedback to staff, reviews and evaluates work and makes effective suggestions and recommendations. • Directs the Department employment and hiring process and employee relations. • Manages the workflow and prioritization of projects; measures the performance of the department and all related staff and takes appropriate corrective action when necessary. • Develops, administers, maintains and oversees the Departmental budget including: the annual or bi-annual budget, outside funding, revenues, assists with the Capital Improvement Program and Capital Facilities Program. • Makes recommendations and forecasts for future funds needed for staffing, equipment, materials and supplies; recommends efficiencies to keep costs within established financial guidelines and approves Department expenditures and implements adjustments. • Provides advice and coaching to staff, develops work plans for staff. • Implements and/or recommends corrective actions and discipline and termination procedures as appropriate/necessary. Packet Pg. 127 Docusign Envelope ID: 91D979CE-B03B-41C6-AB79-05D10B173226 9.2.a • Develops action plans and metrics analyzing operational results and ensures the effective allocation and utilization of resources. • Serves as staff on a variety of boards, commissions and committees and prepares and presents staff reports and other necessary correspondence. • Attends and participates in professional group meetings maintaining awareness of new trends and developments in the fields related to area of assignment; incorporates new developments as appropriate and ensures processes, policies and practices are interpreted and applied consistently and effectively. • Oversees the preparation and maintenance of a variety of reports, records and files related to assigned activities; prepare and maintain records and reports related to budgets, plans progress, personnel and related activities. • Provides leadership and knowledge on emergency response/emergency operations and recovery activities. • Plans, organizes, controls and directs the capital improvements, operations and maintenance functions of City-wide Public Works' services. • Develops strategies and programs to deliver Public Works' services effectively and efficiently and prepares reviews and monitors the Public Works' work plan. • Administers and manages all Public Works' projects utilizing staff and/or contractors in an efficient, effective manner using comprehensive knowledge of environmental compliance and safety regulations related to Public Works' activities; updates and implements programs in compliance with regulations. • Prepares and reviews contracts, reports, memos and other materials related to Public Works and assigned personnel. • Provides technical expertise, information and assistance to the Mayor regarding assigned functions; communicates with other administrators, personnel and contractors to coordinate activities and programs, resolve issues and conflicts and to exchange information; provides input and review of capital improvement projects and participates in special projects as directed. • Plans, organizes and implements long and short-term programs and activities designed to develop Public Works' infrastructure services and assists with related communications and public relations. • Attends and conducts a variety of meetings as assigned including making presentations at City Council meetings related to Public Works' issues, and facilitates review of public concerns and inquiries. • At the direction of the Mayor, works with Council to provide thorough information, analysis, pros/cons, consequences and options on specific topics. • Develops action plans and metrics; analyzes operational results and assures the effective allocation and utilization of resources. • Attends and participates in professional group meetings; maintains awareness of new trends and developments in the fields related to area of assignment. • Incorporates new developments as appropriate and ensures processes, policies and practices are interpreted and applied consistently and effectively. • At the direction of the Mayor, work with Council to provide thorough information, analysis, pros/cons, consequences, options and recommendations for Council on specific topics. • Fulfills roles and responsibilities on the EOC team as assigned by the Mayor. • Perform related duties as assigned by Mayor. Packet Pg. 128 Docusign Envelope ID: 91D979CE-B03B-41C6-AB79-05D10B173226 9.2.a Required Knowledge of: • Supervisory and training principles, best management practices, methods and techniques. • Contracting, safety and environmental laws, rules and regulations. • Engineering, maintenance and construction practices for streets, storm drainage systems, sanitary sewers, pump stations, water storage, traffic signals, City buildings and fleet maintenance. • Disaster emergency management and recovery process. • Effectively addressing and diffusing difficult situations and handling conflict. • Interpersonal skills using tact, patience and courtesy. • Tools and equipment used in the Public Works' maintenance and construction. • Construction standards. • Health and safety standards, rules and regulations. • Principles and practices of the long-range and strategic planning. • Structure, organization and interrelationships of city departments, agencies and related governmental agencies and offices affecting assigned functions. • Effective oral and written communication principles and practices to include public relations and public speaking. • Administrative program/project management techniques and principles. • Contract negotiation and administration. Administrative program / project management techniques and principles. • Research methods and report preparation and presentation. • Modern office procedures, methods, and equipment including computers and computer applications such as: word processing, spreadsheets, and statistical databases. • English usage, spelling, grammar and punctuation. • Principles of business letter writing. • Principles and practices of governmental budget preparation and administration. • Supervisory and training principles, best management practices, methods and techniques. Required Skill in: • Ability to work within federal, state, local laws, codes, regulations • Interpreting, applying and explaining rules, regulations, policies and procedures. • Managing the operations and maintenance functions of City-wide Public Works services. • Operating and maintaining City -owned infrastructure including streets, drainage, water and sewer utilities, buildings, and vehicle fleet. • Developing and administering procurement and consultant contracts. • Creating and producing effective grant requests. • Negotiating, mediating and/or facilitating. • Coordinating and organizing a diverse work program. • Planning and implementing long-term strategies, including capital construction project planning and oversight. • Performing in-depth policy analysis, including development of alternatives, costibenefit and other types of decision analysis. • Utilizing personal computer software programs and other relevant software affecting assigned work and in compiling and preparing spreadsheets. Packet Pg. 129 Docusign Envelope ID: 91D979CE-B03B-41C6-AB79-05D10B173226 9.2.a • Establishing and maintaining effective working relationships with staff, management, vendors, outside agencies, community groups and the general public. • Analyzing situations accurately and adopting an effective course of action. • Maintaining confidentiality and communicating with tact and diplomacy. • Applying program/project management techniques and principles. • Preparing, maintaining, and reviewing comprehensive narrative and statistical reports. • Developing and monitoring departmental and program/project operating budgets, costs, and schedules. • Communicating effectively verbally and in writing, including public relations and public speaking. • Supervising, leading, using best management practices, methods and techniques including delegating tasks and authority appropriately. Fee Schedule The Consultant will provide services on a retainer basis for the term of the Agreement at the rate of $25,000.00 per cycle. Cycles are as follows: August 12'to September 11�' September 12' to October I I' October 12t' to November l I' November 12t' to December 11 ' The Consultant will bill the City once per cycle by submission of an invoice to the Finance Department for processing. The Consultant shall provide no less than 668 hours of service over the 4-month term of this Agreement. Packet Pg. 130 Docusign Envelope ID: ODOD8394-5BBA-4C66-8227-4FB6478A515E 9.2.b AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WHEREAS, the City of Edmonds, a Washington municipal corporation (hereinafter referred to as the "City"), and Phil Williams (hereinafter referred to as the "Consultant"), entered into an underlying agreement for the Consultant's services as Interim Public Works / Utilities Director for the City of Edmonds, dated August 16, 2024 (hereinafter referred to as the "Underlying Agreement"); and WHEREAS, Section 12 of the Underlying Agreement ("Changes/Additional Work") provides that revisions to the terms of the agreement will be effective only upon the approval by both parties of a written amendment thereto; and WHEREAS, the City and the Consultant have agreed to extend the term of the Underlying Agreement and to increase the total fees due to the Consultant in payment for the additional services; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties thereto as follows: 1. The Underlying Agreement, which is incorporated by this reference as if fully set forth herein, is amended in, but only in, the following respects: A. Increase in Compensation. Section 2.A. of the Underlying Agreement M ("Payments") is hereby revised to read as follows: N ai A. Payment for work accomplished under the terms of this Agreement shall be on a retainer basis as set forth in the Fee Schedule in Exhibit A; provided, in no event shall the payment for work performed pursuant to this Agreement Z exceed the sum of ONE HUNDRED FIFTY THOUSAND DOLLARS = ($150,000.00) ($100,000 + $50,000). E B. Extension of Term. Section 4 of the Underlying Agreement ("Time of performance") is hereby revised to read as follows: 4. Time of performance. This Agreement will commence on August 12, 2024 and expire on February 12, 2025. The Consultant shall perform the work authorized by this Agreement promptly in accordance with the receipt of the required governmental approvals. 2. In all other respects, the Underlying Agreement between the parties shall remain in full force and effect, amended as set forth herein, but only as set forth herein. Packet Pg. 131 Docusign Envelope ID: ODOD8394-5BBA-4C66-8227-4FB6478A515E 9.2.b DATED this 9 day of December 2024. CITY OF EDMONDS Signed by: L/�PIQ7596.6.67F@463 _ Mike Rosen, Mayor ATTEST/AUTHENTICATED : DocuSigned by: .2'JCCACRf1 fl 'Al Scott Passey, City Clerk APPROVED AS TO FORM: Signed by: SUAVbI�t r,Ab-S ' �"g Offic e of the City Attorney CONSULTANT Signed by: Phil Williams M It N O N Ci N Packet Pg. 132 Docusign Envelope ID: ODOD8394-5BBA-4C66-8227-4FB6478A515E 9.2.b 0G tVAIO Atc.taeu CONTRACT ROUTING FORM Z Originator: Jessica Neill Hoyson O Department/Division: HR a Name of Consultant/Contractor: Phil Williams v No. (City Clerk Use Only) Routed by: RaeAnn Duarte Date: 12/3/2024 w CONTRACT TITLE: Professional Services Agreement - Interim Public Works Director G IL Type of Contract: 0 (GR) Grants O (1) Intergovernmental Agreement O (L) Lease Agreement E Z • (S) Purchase of Services _ (W) Public Works ® (0) Other W — Z Project/Bid/RFP No: p v Effective Date: 08/12/2024 Completion Date: 02/12/2025 2 I--v) u Has the original contract boilerplate language been modified? Yes • No y K I.- If yes, specify which sections have been modified: W p Description Interim Public Works Director V of Services: N 0 N M N T Total Amount of Contract: $150,000 0 Z y Amount: Budget # Budget # Amount: _ J E Q Amount: Amount: 1 1 1 1 1 W Budget # Budget # y o E -.11 Amount: Amount: Q Q Budget # Budget # Q 5 y Z Q Are there sufficient funds in the current budget to cover this contract? • Yes No a — Z Remarks: a E 2 r c Authorization Level: W ❑ 1. Project Manager Q ❑ 2. Risk Management/Budget Z 3. City Attorney 2 4. Consultant/Contractor N ❑ 5. Other ❑ 6. City Council Approval ❑ Date (if applicable) ® 7. Mayor ® 8. City Clerk Packet Pg. 133 9.2.c AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WHEREAS, the City of Edmonds, a Washington municipal corporation (hereinafter referred to as the "City"), and Phil Williams (hereinafter referred to as the "Consultant"), entered into an underlying agreement for the Consultant's services as Interim Public Works / Utilities Director for the City of Edmonds, dated August 16, 2024 (hereinafter referred to as the "Underlying Agreement"), which agreement was amended by Amendment No. 1, dated December 9, 2024 ("Amendment No. I"); and WHEREAS, Section 12 of the Underlying Agreement ("Changes/Additional Work") provides that revisions to the terms of the agreement will be effective only upon the approval by both parties of a written amendment thereto; and WHEREAS, the City and the Consultant have agreed to further extend the term of the Underlying Agreement and to further increase the total fees due to the Consultant in payment for the additional services; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties thereto as follows: 1. The Underlying Agreement, as amended by Amendment No. 1, both of which are x incorporated by this reference as if fully set forth herein, is further amended in, but only in, the w following respects: N 0 N A. Increase in Compensation. Section 2.A. of the Underlying Agreement N ("Payments") is hereby revised to read as follows: A. Payment for work accomplished under the terms of this Agreement shall be on a retainer basis as set forth in the Fee Schedule in Exhibit A; provided, in no event shall the payment for work performed pursuant to this Agreement exceed the sum of THREE HUNDRED THOUSAND DOLLARS ($300,000.00) ($100,000 + $50,000 + $150,000). B. Extension of Term. Section 4 of the Underlying Agreement ("Time of performance") is hereby revised to read as follows: 4. Time of performance. This Agreement will commence on August 12, 2024 and expire on August 11, 2025. The Consultant shall perform the work authorized by this Agreement promptly in accordance with the receipt of the required governmental approvals. Packet Pg. 134 9.2.c C. Revision to Termination Provision. Section 10 of the Underlying Agreement ("Termination") is hereby revised to read as follows: 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten (10) days in advance of the effective date of said termination. 2. In all other respects, the Underlying Agreement between the parties, as amended by Amendment No. 1, shall remain in full force and effect, further amended as set forth herein, but only as set forth herein. DATED this day of January 2025. CITY OF EDMONDS CONSULTANT Mike Rosen, Mayor Phil Williams ATTEST/AUTHENTICATED : LO N Scott Passey, City Clerk N N N Q APPROVED AS TO FORM: a W E M Office of the City Attorney Packet Pg. 135 9.3 City Council Agenda Item Meeting Date: 01/28/2025 Frances Anderson Center Investment Grade Audit Staff Lead: Phil Williams Department: Public Works & Utilities Preparer: Royce Napolitino Background/History The Frances Anderson Center was built in 1928 and renovated in 1947 and 1952. Formerly an Edmonds School District grade school, the building is on the local historic registry and has 55,000 s.f. of multi -use space and offices. Now, the Frances Anderson Center is owned and operated by the City of Edmonds and functions as the primary building for Parks department's recreation facility and administrative office spaces, as well as home to several community organizations and businesses. In 2019 the State enacted RCW 19-27A for Energy Performance Standards for commercial buildings. Now called the State Clean Buildings Act, it calls for existing building of 50,000 s.f. and above to meet new Energy Usage Index numbers in 2028 with a measurement and verification starting in 2026. The stated goal of the Clean Buildings Act is to increase energy efficiency and to lower the emissions created by the burning of fossil fuels. The Frances Anderson Center is the only City owned building meeting the 50,000 s.f. threshold and is heated by natural gas boilers that are near the end of their useful lives. In June, 2023 the presentation of the proposal for an Investment Grade Audit by McKinstry was made to the City Council and PPW Committee Meeting. The council moved forward in acceptance of McKinstry's proposal to identify and analyze performance -based contracting measures and produce a comprehensive Energy Services Proposal for upgrading the HVAC system at Frances Anderson Center. The payment and funding for this proposal, previously signed in 2023 by former Public Works Director Antillon, relies on an ending fund balance from 2023 fund 016.100 bond. In November 2024, Park and Public Works Committee was presented with a summary of the Investment Grade Audit (IGA) performed for the Frances Anderson Center. Council Committee recommends City Council receive and file full Investment Grade Audit. Further recommends McKinstry deliver its summarized IGA report to full City Council. Staff Recommendation Receive and File Investment Grade Audit document with City Clerk. Narrative Public Works Facilities Division teamed with the Department of Enterprise Services (DES) and McKinstry to perform an Investment Grade Audit in preparation for a new Energy Services Contracting (ESCO) Packet Pg. 136 9.3 project to replace the existing boilers and related building fixtures to assure compliance with the Clean Buildings Act and align with the City Climate Action Plan goal of carbon neutrality by 2050. The Investment Grade Audit (IGA) identifies several Facility Improvement Measures, including: equipment recommendations; energy compliance strategies; projected energy/cost savings; maximum allowable project expense; and other data for creation of a project. This intensive audit ensured compliance for our only tier 2 building (50,000 sf+). Delivering the initial 20% design for future HVAC equipment replacement project, it would will bring the buildings HVAC systems up to modern code requirements. The update would de -carbonize the buildings heating infrastructure and provide building resilience to climate change, and eliminate fossil fuel emissions all while bringing the building into compliance with the mandated standards in the Clean Buildings Act. This IGA brings this project to 20% design with an estimated maximum price in 2024 dollars and guaranteed energy savings when implemented through the Department of Energy Services ESCO program. Attachments: FAC IGA Report PP_012825 Packet Pg. 137 City of Edmonds Frances Anderson Center IGA Report - January 2025 !Ie!OfTtry Building 11�- 9.3.a i -. ndersor 0 ;.Cultural and Leisure CF U c 0 L d C 1 M U- 2 9.3.a Facility Snapshot: • Historical facility important to community Aug ago nn • Houses the office spaces for city staff. w • Currently (6) resident programs + Gym facilities ➢ Edmonds Arts Festival Museum; Edmonds Montessori School; Olympic Ballet; Sno-King Youth Club; Main Street.;. Kids Child Care & Preschool; Sculptors Workshop; M City Goals: • Tier 1.0 Facility - 51,470 sqft • CBPS Legislation - Reporting & compliance by 6/1/28 • CAP - Supports city goal of carbon neutrality by 2050 m 'L^ V y.+ _ E _ a� U _ 0 L a� Q a� LO N co N O I a a O CL a U a U- _ U a Packet Pg. 139 9.3.a Current Challenges: 1. Existing Natural Gas Boilers (2) beyond useful life ➢ If replaced like -in -kind, commits to fossil fuel for next 20+ years 2. Building doesn't have any cooling ➢ Occupant comfort issues & impacts to space programming 3. Building doesn't have mechanical ventilation (use windows) ➢ Lack of indoor air quality control; now a code requirement 4. Building Management System (BMS) is simple interface ➢ Only system level schedule, on/off commands & alarms 5. Hot water plant run on natural gas ➢ Water heater manufactured in 2003, useful life 10-20 years ALV .......... .......... .......... A� m 'L^ V _ E U _ 0 L _ a LO N co N O I a a 0 CL a c� U a U- _ E U a Packet Pg. 140 9.3.a Audit Scope: • Evaluate existing systems & analyze alternatives • Develop proposed scopes & associated energy cost savings Audit Goals: • Replace fossil -fuel based heating system • Provide cooling and mechanical ventilation • Carbon emissions reduction to support City's CAP • Improved reliability of equipment & reduced maintenance • Design for extensive building use and tenant requirements Packet Pg. 141 9.3.a Solution: Upgrade HVAC System to VRF 1. Install new Variable Refrigerant Flow(VRF)system ➢ Provides both heating and cooling; not reliant on fossil fuel 2. Install Dedicated Outdoor Air System (DOAS) ➢ Adds mechanical ventilation and meets WS energy code 3. Demo all existing thermostats, radiators, unit ventilators, pumps, boilers & associated hydronic piping ➢ Removal of aging equipment at end of useful life 4. Refurbish gymnasium Air Handling Units (AHUs) ➢ Updating with new fans, coils, filters and VFDs 5. Replace existing DHW plant with new electric hybrid system ➢ Demo equipment at end of useful life; less reliant on fossil fuel no • o 0 O ..0 O 0 ' o 8 • 0 • • i 01 �%W\YAr•NI 'r oil MM Mor-------------------- Packet Pg. 142 9.3.a VRF System: • Provides heating and cooling • Very efficient due to energy recovery of system • Meets requirements of updated WA State Energy Code • Able to sequence install around occupants & programs • Enables individual space temperature control • Simple operation (just schedules & setpoints) Refrigerant can enter either side of the MCU I MCU � (TOr Fr (MCU-$2NEK2N) Series connection MCU (TOP m 'L^ V C W L U c 0 L c Q a� v c LO N CO N O a a 0 Q. Q 0 U a U- U a Packet Pg. 143 9.3.a VRF System: • Provides heating and cooling • Very efficient due to energy recovery of system • Meets requirements of updated WA State Energy Code • Able to sequence install around occupants & programs • Enables individual space temperature control • Simple operation (just schedules & setpoints) 8 .. Packet Pg. 144 1 9.3.a DOHS System: • Provides dedicated outdoor air to the space to meet ventilation requirements • Ensures safe air quality and comfort for occupants Exhaust Outdoor CAM SPZ RT2 TA? M4 ii7 Extract Supply 193.46 -� .. I I �-� , H'I bN, BTI E851 81 Packet Pg. 145 9.3.a Project Financials: • Preliminary project budget $9.1M - $10.2M • Includes turnkey engineering, procurement & implementation • Factors impacting cost & VE items explored: ➢ Sequencing of work around occupied facility ➢ Code requirement for addition of DOAS ➢ Required smoke/fire damper upgrades ➢ VRF indoor units' quantity and locations ➢ Escalation for equipment and labor Frances Anderson Center — HVAC Upgrades VALUE ENGINEERING OPPORTUNITIES UPDATE- 06/24/2024 Note: Full determination of some items may need to be during design and pre -construction. VE ITEMS SELECTED FOR FURTHER CONSIDERATION 01/18/2 Scope Item Expected Cost Deduct (Budgetary) Project budget (Turnkey, GMAX) Initial Project Budget (Jan 2024) $10,120,000 VE-01: VRF Indoor units quantity and locations $725,000 VE-02: Electrical Service Upgrade $350,000 VE-2: Fire/Smoke Damper Exemption $500,000 Revised Project Budget with VE Deducts 1 $8,545,000 Above Revised Budget Includes: Escalation for Equipment & Labor $410,000 DOAS Svstem S1.845.000 Packet Pg. 146 9.3.a Environmental Benefits: • 17 average -sized homes removed from power grid; or • 26,515 light bulbs (13.5 Watt LED) not energized; or • 675,156 miles not driven by an average size vehicle Project Benefits: • Carbon emissions reduction supporting CBPS & City CAP • Reliability of equipment & reduced maintenance • Provide cooling to space, improve occupant comfort Energy Savings: • Reduce fossil fuel consumption by 19,171 therms • Equivalent to $17,557 savings on Natural Gas (Note: Decarbonization fuel switching to electricity) Packet Pg. 147 9.3.a Clean Buildings Performance Standard (CBPS): • WA State Legislation aiming to reduce greenhouse gas emissions • Requires benchmarking, reporting and compliance with current energy usage • Mandatory compliance dates based on gross floor area (subject to penalties) Frances Anderson Center CBPS Snapshot: • 51,470 sqft --> Tier 1.0 Building, compliance deadline of 6/1/28 • The CBPS target EUI for this space is currently 67.1* • Current weather normalized site EUI is 45.5 • This puts facility 21.6 points below target (Good news!) *Note: Space use changes and occupancy changes can cause site EUI to change Washington State Department of �i►� Commerce. JAW - Packet Pg. 148 9.4 City Council Agenda Item Meeting Date: 01/28/2025 Adoption of Interim Ordinance for STEP Housing Staff Lead: Shane Hope Department: Planning & Development Preparer: Heather Lakefish Background/History Background/History In 2021, Washington state passed House Bill 1220 (HB 1220), which amended the Growth Management Act (GMA) and set new requirements for how city codes regulate development of certain housing types. The law requires local governments like Edmonds to plan for and accommodate housing affordable to all income levels, which includes permanent supportive housing and emergency housing. Furthermore, RCW 36.130.020 provides that local governments may not adopt, impose, or enforce requirements on an affordable housing development that are different than the requirements proposed on housing developments generally. (Note: Permanent supportive housing is a type of affordable housing under state law.) Housing targets were established for Edmonds as part of the recent periodic Comprehensive Plan update, which are summarized in Attachment 4. As a high -cost community, Edmonds must plan for 6,814 units of permanent supportive and low-income housing (0-80% of Area Median Income) over the next 20 years. Consistent with HB 1220, the Comprehensive Plan includes goals and policies regarding supportive and emergency housing, such as these: Goal H-9. Encourage stable housing and wraparound services to individuals experiencing housing insecurity or at risk of becoming unhoused. Policy H-9.1 Support county and nonprofit efforts to provide stable housing to individuals experiencing housing insecurity or at risk of becoming unhoused. Policy H-9.2 Support development of low-income (subsidized), low -barrier, permanent supportive housing. Policy H-9.3 Explore opportunities for small scale housing types, such as micro -housing (shared kitchen and restrooms). Policy H-9.4 Work with faith -based organizations that are interested in adding single -person shelters, overnight shelters, and temporary small houses on property owned or controlled by a religious organization. Policy H-9.5 Allow transitional housing and permanent supportive housing in any zones that allow residential dwelling units or hotels (RCW 35.21.683 and RCW 35A.21.430). Policy H-9.6 Allow emergency shelters and emergency housing in any zones that allow hotels. Packet Pg. 149 9.4 Policy H-9.7 Allow permanent supportive housing in areas where multifamily housing is permitted (RCW 35.21.689 and RCW 35A.21.305). Policy H-9.8 Exempt emergency housing from impact fees (RCW 82.02.090). Consistent with the Comprehensive Plan, the proposed code addresses the Housing Goal and Policies H- 9.2, H-9.5, H-9.6, and H-9.7 by allowing: Indoor emergency shelters and indoor emergency housing as permitted uses in zones in which hotels are allowed in Edmonds. The zoning districts that currently allow hotels are: Commercial Waterfront (CW) Community Business (BC), Downtown Business (BD), Westgate Mixed -Use, and General Commercial (CG). (Regardless, hotels are currently not allowed in Neighborhood Centers and Hubs, per the interim ordinance adopted on January 14 .) Permanent supportive housing and transitional housing as permitted in all zones where residential dwelling units or hotels are allowed. Generally, such housing types are not built without significant subsidies from grants, governmental entities or nonprofit resources. In that sense, their numbers are somewhat self-limiting. The need for such housing is almost always greater than funding available. January 7 City Council meeting and follow-up At the City Council meeting, the Council discussed the interim ordinance and the need for "STEP housing" (i.e., emergency indoor shelters, emergency indoor housing, transitional housing, and permanent supportive housing), along with related issues. One of the issues was about additional requirements that could be placed on STEP housing. Since then, more research has been done to address this and further research could be conducted over the next few months. Potential code amendments could be considered for the current interim ordinance or addressed as part of the longer - term ordinance. A question was also raised about whether the list of Edmonds zoning districts that allow hotels was in fact correct; staff committed to confirming this and making any corrections. The Council voted to put the interim ordinance on the next Council consent agenda. NOTE: Staff's re -check found a need to correct the list of zoning districts that allow hotels by adding one other: the Westgate Mixed Use district. Regardless, the mixed -use zones proposed for Neighborhood hubs and centers should not be on the list because the interim ordinance for them currently precludes hotel uses. Given that the list of zoning districts allowing hotels could change overtime, the corrected interim ordinance now on the Council's consent agenda does NOT list the specific zoning districts but states, consistent with state law, that all districts allowing hotels must allow the relevant STEP housing. Staff Recommendation Amend the draft code language with the following motion: "Move to amend the proposed ECDC 17.125.030 (Regulations) by adding a new subsection B (Expectations). The new subsection would read: B. Expectations. 1. Nuisances and criminal behavior are subject to enforcement to the full extent of the city's code and state law. 2. Evictions of residents for unsafe actions are not precluded by city codes." After the above language is voted on: Packet Pg. 150 9.4 "Move to adopt the interim ordinance for STEP Housing (as amended)." Narrative HB 1220 requires changes to the City's development regulations to allow four specific housing types: emergency shelter, transitional housing, emergency housing, and permanent supportive housing (STEP Housing). The definitions of these, based on state law, are as follows: "Emergency housing" means temporary indoor accommodations for individuals or families who are homeless or at imminent risk of becoming homeless that is intended to address the basic health, food, clothing and personal hygiene needs of individuals or families. Emergency housing may or may not require occupants to enter into a lease or an occupancy agreement. "Transitional housing" means a project that provides housing and supportive services to homeless persons or families and that has as its purpose facilitating the movement of homeless persons and families into independent living, generally in less than two years. "Emergency shelter" means a facility that provides a temporary shelter for individuals or families who are currently homeless. Emergency shelter may not require occupants to enter into a lease or an occupancy agreement. Emergency shelter facilities may include day and warming centers that do not provide overnight accommodations. "Permanent supportive housing" is subsidized, leased housing with no limit on length of stay that prioritizes people who need comprehensive support services to retain tenancy and utilizes admissions practices designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing, especially related to rental history, criminal history and personal behaviors. Permanent supportive housing is paired with on -site or off -site voluntary services designed to support a person living with a complex and disabling behavioral health or physical health condition who was experiencing homelessness or was at imminent risk of homelessness prior to moving into housing to retain their housing and be a successful tenant in a housing arrangement, improve the resident's health status, and connect the resident of the housing with community -based health care, treatment or employment services. Permanent supportive housing is subject to all of the rights and responsibilities defined in chapter 59.18 RCW. Attachments 1 - 2 are documents produced by the state Department of Commerce to provide additional background information about STEP housing and the critical need for it throughout the state. Attachment 3 is a model ordinance provided by the Department of Commerce. It is very similar to the proposed interim code language (Attachment 5). Potential Amendments An interim ordinance to meet state law by adopting a new Chapter 17.125 ECDC ("Emergency Shelters, Transitional Housing, and Permanent Supportive Housing (STEP Housing") was introduced at the City Council's January 7 meeting. Council discussed the proposal, recognizing that there was a great need for such housing and wanting to make sure that Edmonds regulations were adequate to help ensure that the facilities would fit well into the community. For example, one of the larger cities in our region has reportedly chosen to not actively enforce certain local codes and to avoid evicting any residents. The Edmonds City Council decided to review the issues further and to consider the interim ordinance as part of its next consent agenda (January 14). At the January 14 Council meeting, the item was pulled off the consent agenda and direction was given for it to come back as part of a subsequent regular agenda item, Packet Pg. 151 9.4 where it could be subject to amendment, which might include emphasizing the provision of STEP housing in relationship to other City codes. A two-part amendment to address this concern may be added to the attached interim code as follows: "Amend the proposed ECDC 17.125.030 (Regulations) by adding a new subsection B (Expectations). The new subsection would read: B. Expectations. 1. Nuisances and criminal behavior are subject to enforcement to the full extent of the city's code and state law. 2. Evictions of residents for unsafe actions are not precluded by city codes" Next steps After adoption of the interim ordinance with any amendments, a public hearing on it will be scheduled within 60 days (currently proposed for February 11) to obtain public input about the proposed code language. Then other community outreach will be done to inform and learn. In addition, the interim code language will be compared with existing related code language in ECDC 17.105 (Emergency Temporary Indoor Shelter), and ECDC 17.100 (Community Facilities). Public input and other timely information will be considered in developing any revisions to the interim code. The resulting draft code will be presented for consideration as a longer -term ordinance and subject to open public process. As part of the public process, the interim code and related information will be reviewed by the Planning Board, who will make a recommendation on a final STEP housing code for City Council consideration. NOTE: The interim ordinance expires six months from adoption, unless Council takes other action sooner. Attachments: Attachment 1 - STEP Housing Factsheet Attachment 2 - STEP Housing State of the Practice Attachment 3 - STEP Housing Model Ordinance and User Guide Attachment 4 - Comp Plan Housing Targets Summary 2024-12-31 interim ordinance for supportive housing draft ECDC Chapter 17.125 STEP Housing.Rvsd Packet Pg. 152 Planning for STEP Housing Types There is a critical demand for 1.1 million homes in Washington over the next two decades, according to projections from the Washington State Department of Commerce. Of that 1.1 million, more than 600,000 homes need to be affordable for individuals at the lowest income levels (i.e., less than or equal to 80 percent of the area median income). In addition, if we do not build more affordable housing, we will need about 91,000 emergency housing beds in 20 years. Some of the housing for very low-income segments can collectively be called "STEP." What is STEP? Future housing needs by area median income (AMI) group,, 0 0 0 0 000 0 ❑ ❑❑ ❑❑ n o Apartments Mufti Alex Single family P.—a A*.rt—h.L•�a(PsM PSH narPSH 0-30%AM 0-30%NA 30-50%W 50-80%— 80-120%120+%"" 1.1 Million new homes will be needed in the next 20 year In addition, there will also need to be. 91,357 Emergency housing beds (temporary housing) Indoor emergency Shelter, Transitional housing, Emergency housing and Permanent supportive housing a facility that provides a temporary* shelter for individuals or families who are currently experiencing homelessness. This includes day and warming centers that do not provide overnight accommodations. (RCW 36.70A.030(15)) a project that provides housing and supportive services for up to two years (or longer) for individuals or families who are experiencing homelessness. The purpose of transitional housing is to facilitate the movement of people from homelessness to permanent housing. (RCW 84.36.043(3)(c)) temporary* indoor accommodation for individuals or families who are homeless or at imminent risk of becoming homeless. It is intended to address the basic health, food, clothing and personal hygiene needs of individuals or families. (RCW 36.70A.030(14)) subsidized, leased housing with no limits on length of stay. It is designed to support people who were experiencing homelessness or likely to experience homelessness before moving because of their complex and disabling behavioral health and physical health conditions. Residents are provided with support services, such as mental and physical health care and employment services, to help them stay housed. Permanent supportive housing often has less strict admissions criteria than other forms of housing, especially related to rental history, criminal history and personal behaviors. (See RCW 36.70A.030(31) for full definition) *Temporary refers to the duration of residence for individual participants rather than the physical structure itself or the duration of land use. 0 x a w fn 0 w a� cts _ L 0 E 0 _ 0 CL 0 a STEP 101 FACTSHEET - JULY 2024 V3.1 Packet Pg. 153 9.4.a How should my jurisdiction plan for STEP? Cities and counties must plan for and accommodate housing affordable to all incomes in their 20-year comprehensive plans and development regulations. These housing needs are determined through a countywide process where each jurisdiction receives a share of the total countywide housing need. By their comprehensive periodic update deadline (see map), cities and counties must: Fw rdlo t ew , F kh. GNI"I V. Yam" Bwwn • Develop policies to plan for and f� accommodate housing affordable to all economic segments, • Allow sufficient zoning capacity for these 2024G,»o.b,31- 02025meoe",ov31.2026wej-3o, ■2027uei.M * Slued cashes ere p.1,0y p1--g —dn the G-1h Men 9-1 Ari housing needs, including permanent supportive housing (PSH) and emergency housing, • Identify barriers to the development of affordable housing and an action plan to remove these barriers, and • Based on new state laws adopted in 2021, cities must not prohibit emergency housing and emergency shelters in all zones that allow hotels, and cities must allow permanent supportive housing and transitional housing in all zones that allow hotels and residential development. Why Is STEP Such a Big Issue? From 2007 to 2013, as rent prices surged and vacancy rates decreased, Washington experienced a dramatic increase in people experiencing homelessness. In 2021, Washington made changes to its state planning framework to address the need for more housing, including STEP. Local jurisdictions are currently working to implement these changes in their local regulations and comprehensive plans. FROM 2007-2023, WASHINGTON EXPERIENCED A 19.9% RISE IN HOMELESSNESS According to �� federal estimates, to afford rent for a household must or an average a two -bedroom have an annual hourly, rate of home in income of Washington: � state _ minimum • • wage per hour RISING RENTS AND A LACK OF HOUSING SUPPLY ARE THE CORE CAUSES OF INCREASED HOMELESSNESS IN THE STATE STEP 101 FACTSHEET — JULY 2024 V3.1 Packet Pg. 154 9.4.a Benefits of STEP ® Reduces the number of people living and sleeping in unsafe conditions and public spaces 0 Helps various populations, including people who are currently homeless or housing insecure, formerly homeless aging adults, families with child welfare involvement, individuals with chronic patterns of homelessness, people 0 involved with the justice system, and adults with intellectual and developmental disabilities. 0 Provides tenancy support services to help vulnerable people maintain stable housing ©Connects participants to essential services such as health care, job opportunities and public benefit income Improves participants' mental and physical health through timely medical care ® Enhances participants' employment prospects and incomes and fosters social connections Reduces the likelihood of residents being incarcerated 0 Decreases the public cost burden on other services, such as hospitals and emergency response, and therefore costs the same amount or less than its alternatives Relevant Laws for Siting and Permitting STEP Growth Management Act: RCW 36.70A.070(2) RCW 35.21.683 and RCW 35A.21.430 RCW 36.130.020 RCW 36.70A.545 RCW 35.21.915, RCW 35A.21.360, and RCW 36.01.290 RCW 36.70A.540 Local governments fully planning under the Growth Management Act (GMA) must plan for and accommodate housing that is affordable to all income levels. Each jurisdiction is required to allow sufficient capacity for STEP in accordance with their share of countywide housing needs and make adequate provisions for these needs. Cities must not prohibit indoor emergency shelters and indoor emergency housing in any zones in which hotels are allowed, and must allow permanent supportive and transitional housing in zones where residential dwelling units or hotels are allowed. The laws also limit the application of occupancy, spacing and intensity of use requirements for STEP. Local governments may not impose requirements on an affordable housing development that are different from the requirements imposed on housing developments generally. Affordable housing includes permanent supportive housing and other types of subsidized and leased housing. Local governments fully planning under the GMA must provide density bonuses for any affordable housing, including STEP types with leases, on real property owned or controlled by a religious organization. Local governments may not impose overly restrictive regulatory limits on encampments, safe parking, overnight shelters and temporary small houses on property owned or controlled by a religious organization. Local governments fully planning under the Growth Management Act (GMA) have the authority to offer incentives in exchange for providing development for low-income households. U) 3 0 x a w CO L 0 w m c� _ L 0 E �L d r.+ _ 0 _ 0 W a 0 a STEP 101 FACTSHEET — JULY 2024 V3.1 I Packet Pg. 155 9.4.a Promising Practices for Planning for STEP Allow STEP outright as a permitted use in designated zones. In some areas of Washington state, STEP is still Streamlines permitting listed as a conditional use. This means STEP projects face Encourages STEP development additional regulations that typically involve a longer local Reduces work for local government staff government review process and may also include a public input process that could delay permitting. The purpose of this process is to more carefully assess the development's potential impacts on traffic, noise, safety and community character before granting approval To increase STEP, communities can allow these projects in certain zones without this additional process. Reduce and clarify requirements to streamline permitting steps and reduce barriers for STEP development. Many local ordinances and regulations are not consistent with state law since they include occupancy, spacing and intensity of use' requirements for STEP that are not explicitly linked to public health and safety. Additionally, many communities impose potentially burdensome development, operating, facility, reporting, service and other requirements for STEP that differ from those for other similar residential dwelling types. When developing local ordinances and regulations, jurisdictions can limit additional requirements for STEP to speed up permitting, limit discretionary approval processes, reduce work for local government staff, support developers and help increase affordable housing and STEP production. Provides quicker and more predictable Expedite permitting processes for STEP projects, thereby Prevents providing quicker, more predictable timelines that help delays prevent cost increases caused by project delays. Expedited permitting processes require sufficient staff, so jurisdictions interested in this strategy can start by assessing whether they need to hire additional employees to expedite reviews more efficiently. Provide land use and financial incentives to encourage households more STEP production. Affordable housing and STEP Increases STEP production developments face numerous challenges before they can reach the construction phase, and a lack of project financing is often one of the most significant barriers. To help STEP projects overcome this challenge, jurisdictions can play an important role by providing support through density bonuses, reduced or waived fees, regulatory exemptions, free or discounted land, grants or loans, tax exemptions, or other support. Encourage STEP development in locations close to healthcare services, transportation, jobs and other amenities to promote economic mobility and access to services. STEP housing is best suited for urban growth areas and cities, but may be appropriate in select Limited Areas of More Intense Rural Development (LAMIRDs) if enough support services, transportation and infrastructure services are available. 2 Intensity with respect to STEP can refer to the density of people or services needed by participants in a single location or facility. STEP 101 FACTSHEET — JULY 2024 V3.1 I Packet Pg. 156 MODEL ORDINANCE AND COMMUNICATIONS TOOLKIT FOR STEP E9 a� cu L (L m w 0 m cn a� .N 0 a w U) r� Q v3.5 Packet Pg. 157 9.4.b Acknowledgments Washington State Department of Commerce Laura Hodgson, Housing Planning and Data Manager, Growth Management Services (GMS) Anne Fritzel, AICP, Housing Section Manager, GMS Kirsten Jewell, Housing Policy Manager, Housing Division (HD) Melodie Pazolt, Managing Director of Apple Health and Homes Permanent Supportive Housing Unit, HD Kathy Kinard, Managing Director of Homelessness Assistance Unit, HD Abt Global Lindsey Elam, AICP, Senior Analyst Jill Khadduri, PhD, Principal Associate Katie Kitchin, Director, State and Local Housing and Asset Building Candace Baker, Associate Nam Ha, Associate Analyst Georgia Rawhouser-Mylet, Associate Analyst Frances Walker, Research Assistant The Corporation for Supportive Housing Theresa Tanoury, MSW, Seattle -based Senior Program Manager Lori Gutierrez, MSW, Senior Program Manager Debbie Thiele, Western Region Managing Director Sharon Rapport, California State Policy Director Angela Brooks, FAICP, Illinois Program Director Department of Commerce P.O. Box 42525 Olympia, WA 98504-2525 www.commerce.wa.gov For people with disabilities, this report is available on request in other formats. To submit a request, please call 7-1-1 and ask to be connected to 360-725-4000. Thank you to the: Advisory Committee: Alliance for Housing Affordability at Housing Authority of Snohomish County Association of Washington Cities (AWC) City of Bellingham City of Port Townsend City of Spokane City of Vancouver City of Wenatchee Dee Caputo, FAICP, Washington State Department of Commerce, Growth Management Services (Retired) Downtown Emergency Services Center (DESC) Futurewise GS Consulting King County, Health through Housing Mercy Housing Northwest Washington State Association of Counties (WSAC) Local jurisdictions and organizations that participated in the state of the practice interviews: City of Federal Way City of Kenmore City of Kent City of Langley City of Olympia City of Spokane City of Vancouver City of Wenatchee GS Consulting King County Lewis County Plymouth Affordable Housing Development Snohomish County Washington State Department of Health N 3 O x a w U) m 0 E 0 _ O a O g STEP STATE OF THE PRACTICE - JULY 2024 2 Packet Pg. 158 9.4.b Contents ExecutiveSummary..................................................................................................................................... 4 PromisingPractices..................................................................................................................................................4 Chapter1: Introduction................................................................................................................................ 7 Chapter2: Background................................................................................................................................ 9 Scale of Housing Needs in Washington State......................................................................................................... 9 Drivers of Homelessness in Washington State....................................................................................................... 9 Benefitsof STEP Development Types...................................................................................................................11 STEP Building Structure Types and Forms............................................................................................................12 Chapter 3: Relevant State and Federal Laws and Requirements.................................................................. 14 Definitions................................................................................................................................................................14 STEP Zoning and Development Regulation Laws.................................................................................................16 State Licensing and Operating Requirements.......................................................................................................21 Requirements Associated with State and Federal Funding................................................................................. 21 Chapter 4: Municipal Planning and Implementation.................................................................................... 25 PlanningRegionally for STEP................................................................................................................................. 25 Accommodating and Regulating STEP Locally Permitting STEP .................................................. Barriers to STEP Development .......................... Promising Practices ........................................... 27 29 32 33 Appendices............................................................................................................................................... 35 Other Potentially Relevant Laws and Definitions.................................................................................................. 35 Licensing Requirements for Transient Accommodations and Crisis Shelters...................................................36 RelatedCase Law....................................................................................................................................................36 STEP STATE OF THE PRACTICE - JULY 2024 Packet Pg. 159 9.4.b Executive Summary Washington state passed House Bill 1220 (HB 1220) in 2021, amending the Growth Management Act and municipal code requirements (RCW 36.70A.070(2), RCW 35A.21.430 and RCW 35.21.683). The law requires local governments to plan for and accommodate housing affordable to all income levels and outlines specific zoning and development regulations for four different housing types. These housing types include indoor Emergency Shelter, Transitional housing, Emergency housing and Permanent supportive housing (STEP). Under the new municipal regulations, cities cannot prohibit emergency shelter and emergency housing in areas where hotels or motels are allowed, and permanent supportive housing and transitional housing must be allowed in any zones where residential dwellings and hotels are allowed. Additionally, local restrictions on these developments related to spacing, occupancy and intensity of use that differ from other residential development types must be linked to public health and safety and must allow for a sufficient number of housing units to accommodate each city's projected housing needs. Washington cities were required to update their regulations to be consistent with the municipal regulations by September 2021. However, some communities lacked the necessary resources to comply, some were waiting for Commerce to project housing needs for each county, and some implemented policies that created additional barriers for increasing STEP in Washington. Local governing bodies have the police power to set zoning and development rules, which is one way to lower barriers for affordable housing and STEP production. To encourage STEP, jurisdictions should avoid adding burdensome regulations and requirements and adopt emerging best practices when developing their local ordinances. The Washington State Department of Commerce contracted with Abt Global and the Corporation for Supportive Housing to create a model ordinance and additional resources that are available to localities throughout the state to regulate and encourage STEP development, comply with state and federal laws and address local housing needs. To ensure the effectiveness of these efforts, an advisory committee consisting of local jurisdictions, developers and non-profit organizations provided guidance and feedback. The development of these materials also considered public input and promising practices from communities in Washington and other parts of the country. These practices include reducing barriers to developing STEP by creating local zoning ordinances that allow STEP outright as permitted uses in certain areas, reducing regulations and requirements for STEP, expediting permitting processes for STEP, incentivizing STEP and encouraging STEP near existing infrastructure and services. Promising Practices O Allow STEP developments outright as a permitted use in designated zones to streamline permitting. In some areas of Washington state, STEP is still listed as a conditional use, so projects have additional regulations that typically involve a more lengthy local government review process, and may also include a public input process that may delay permitting projects. The purpose of the more involved conditional use process is to more carefully assess the development's potential impacts on traffic, noise, safety and community character before granting approval. To increase STEP production, communities can allow these projects in certain zones without this additional process. For instance, in California, the County of Los Angeles Homelessness Initiative encourages local jurisdictions to designate at least one area where emergency shelters are allowed as a permitted use outright, also referred to as allowed by -right.' ' The Los Angeles County Homeless Initiative. Do's and Don'ts for Emergency Shelter Zoning. https://homeless.lacounty_gov/w - content/uploads/2017/1 1/SB-2-Dos-and-Donts.pdf 1a N 3 0 x a w U) 0 a� _ 0 E •L a� w 0 _ 0 a 0 a STEP STATE OF THE PRACTICE - JULY 2024 4 Packet Pg. 160 9.4.b O Reduce and clarify requirements to streamline permitting and decrease barriers for STEP development. Many initial STEP local ordinances and regulations are not consistent with state law by including occupancy, spacing and intensity of use requirements for STEP that are not explicitly linked to public health and safety in their ordinance. Additionally, many communities impose potentially burdensome development, operating, facility, reporting, service and other requirements for STEP that differ from those for other similar residential dwelling types. When developing local ordinances and regulations, jurisdictions can limit additional requirements for STEP to speed up permitting, limit discretionary approval processes, reduce work for local government staff, support developers and help increase affordable housing and STEP production. O Expedite permitting processes for STEP projects, thereby providing quicker, more predictable timelines that help prevent cost increases caused by project delays. For example, Seattle has implemented an expedited permitting process to encourage STEP production. Permanent supportive housing projects are now exempt from design reviews, which can help speed up their construction timelines and address issues of homelessness and housing insecurity more quickly. Another example includes the City of Port Townsend and Jefferson County, which worked closely together to expedite the permitting for a specific project that incorporates safe parking, a tiny house village and permanent supportive housing on the same piece of county -owned property. Expedited permitting processes requires sufficient staff, so jurisdictions interested in this strategy can start by assessing whether they need to hire additional employees to expedite reviews more efficiently. O Provide land use and financial incentives to encourage more STEP production. Affordable housing and STEP developments face numerous challenges before they can reach the construction phase, and a lack of project financing is often one of the most significant barriers. To help STEP projects overcome this challenge, jurisdictions can play an important role by providing support through density bonuses, reduced or waived fees, regulatory exemptions, free or discounted land, grants or loans, and more. A few cities with incentives for affordable housing and STEP include Anacortes, Bellevue, Bothell, Burien, Marysville, Redmond, Sammamish and Seattle. King County established the Health through Housing (HTH) Initiative, which uses its affordable housing sales tax funds to collaborate with local cities to build up to 1,600 emergency housing and permanent supportive housing units for people experiencing or at risk of chronic homelessness.2 s O Encourage STEP development in locations close to healthcare services, transportation, job prospects and other amenities to promote economic mobility and access to services. To meet the growing demand for housing and other community needs, local affordable housing and STEP providers and developers agree that jurisdictions can support the development of successful STEP by being intentional about the location of STEP. Many communities throughout Washington state and the country encourage affordable housing and STEP development in areas where existing infrastructure and services exist to promote sustainability; inclusivity; accessible services, transportation and employment opportunities; and the overall wellbeing of residents. Therefore, STEP is best suited for urban growth areas and cities, but may be appropriate in 2 King County. Health through Housing A Regional Approach to Address Chronic Homelessness. https://kinacounty_aov/en/legacy/depts/community-human-services/initiatives/health-through- housing#:—:text=The%20Health%2OThrouah%2OHousinci%20%28HTH%29%201nitiative%20is%20an.people%20experiencinci%20or%20a t%20risk%20of%20chronic%20 homelessness. 3 HB 1590, laws of 2019, authorizes county or city legislative authorities to impose a local sales and use tax for housing and related services and eliminates the requirement that the tax be subject to the approval of a majority of county or city voters. For other local affordable housing funding tools, see Appendix B, Exhibit B5 (pages 120-121) of Guidance for Updating Your Housing Element. 5 0 x (L w U) 0 w m _ L O E •L a� 0 _ 0 W a 0 a STEP STATE OF THE PRACTICE - JULY 2024 Packet Pg. 161 9.4.b select Limited Areas of More Intense Rural Development (LAMIRDs) if enough support services, transportation and infrastructure services are available. O Partner with local service providers to create STEP regulations that are responsive to their needs. Affordable housing developers and service providers understand what is involved with developing STEP and how STEP operates. These stakeholders can help a local jurisdiction identify places in code where the regulations may cause barriers to STEP development and identify ways to reduce or remove those barriers. Communities can use these emerging best practices to encourage STEP production, accommodate local housing needs and support STEP developers, clients and staff. Implementing these practices can benefit some of Washington's most vulnerable populations, increase housing stability, promote community integration and contribute to larger initiatives to tackle homelessness and housing insecurity in the state. STEP STATE OF THE PRACTICE - JULY 2024 Packet Pg. 162 9.4.b Chapter 1: Introduction In 2021, Washington state passed House Bill 1220, which amended the Growth Management Act (GMA) and municipal code requirements-(RCW 36.70A.070(2), and RCW 35A.21.430 and RCW 35.21.683, respectively). The GMA requires cities and counties to develop comprehensive plans and development regulations for their communities. The new law mandates that county and local governments plan for and accommodate housing that is affordable for households of all income levels, including enough land capacity for all local housing needs. In addition, Sections 3-5 of the law outline specific zoning and development regulations for four different housing types: Emergency Shelter, Transitional housing, Emergency housing and Permanent supportive housing (STEP). Definitions for these types of housing and shelter are in the Growth Management Act and other statutes: 0 Emergency shelter means a facility that provides a temporary4 shelter for individuals or families who are currently homeless. Emergency shelter may not require occupants to enter into a lease or an occupancy agreement. Emergency shelter facilities may include day and warming centers that do not provide overnight accommodations. RCW 36.70A.030(15) 0 Transitional housing means a project that provides housing and supportive services to homeless persons or families for up to two years5 and that has as its purpose facilitating the movement of homeless persons and families into independent living. RCW 84.36.043(3)(c) 0 Emergency housing means temporary4 indoor accommodations for individuals or families who are homeless or at imminent risk of becoming homeless that is intended to address the basic health, food, clothing, and personal hygiene needs of individuals or families. Emergency housing may or may not require occupants to enter into a lease or an occupancy agreement. RCW 36.70A.030(14) 0 Permanent supportive housing is subsidized, leased housing with no limit on length of stay that prioritizes people who need comprehensive support services to retain tenancy and utilizes admissions practices designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing, especially related to rental history, criminal history, and personal behaviors. Permanent supportive housing is paired with on -site or off -site voluntary services designed to support a person living with a complex and disabling behavioral health or physical health condition who was experiencing homelessness or was at imminent risk of homelessness prior to moving into housing to retain their housing and be a successful tenant in a housing arrangement, improve the resident's health status, and connect the resident of the housing with community -based health care, treatment, or employment services. Permanent supportive housing is subject to all of the rights and responsibilities defined in chapter 59.18 RCW. RCW 36.70A.030(31) Most notably, state law says city codes cannot prohibit indoor emergency housing or indoor emergency shelters in areas where hotels are allowed unless the city has already authorized such housing in more than 50% of their zones within one mile of transit. Areas zoned for hotels and all areas zoned for residential dwellings in cities must allow permanent supportive housing and transitional housing. Additionally, any local restrictions on spacing, occupancy and intensity of use for these STEP developments that differ from other residential development types must be linked to public health and safety in a 4 Temporary applies to the person and how long they reside there, not the structure or length of time for the land use. 5 Although transitional housing is designed to move people into permanent housing in less than two years, some transitional housing programs do not limit the stay to two years. a� N 3 0 x a w U) 0 m _ 0 E �L a� w 0 _ 0 a 0 V g STEP STATE OF THE PRACTICE - JULY 2024 7 Packet Pg. 163 9.4.b community's local ordinance. These regulations must also not be so restrictive that they prevent the development of a sufficient number of housing units to meet the city's identified housing needs. O Occupancy: RCW 35.21.682, RCW 35A.21.314 and RCW 36.01.227 state cities and counties may not regulate or limit the number of unrelated persons who may occupy a dwelling unit except as provided for in state law, for short-term rentals or by occupant load per square foot. O Spacing: Spacing can refer to the distance between similar uses or the proximity to services (e.g., transportation). Any spacing requirements should not exceed the spacing required by RCWs 9.94A.030. 9.94A.703 and 9.94A.8445, which create community protection zones of 880 feet to prevent sex offenders from living near schools. O Intensity. With respect to STEP, intensity can refer to the density of people, transportation and/or services needed by the participants who live in a single location or facility. Washington's jurisdictions were required to update their regulations consistent with the municipal regulation requirements by September 2021. However, many communities lacked the resources or ability to do so at that time, or were waiting for Commerce to project housing needs for their county. Furthermore, some of the jurisdictions that updated their regulations did not comply with state and federal laws, and they imposed new rules that hindered the development of STEP in Washington. To help address these challenges, the Washington State Department of Commerce contracted with AM Global and the Corporation for Supportive Housing, as well as worked with an advisory committee comprised of local jurisdictions, developers and nonprofits to create resources to support local governments. These resources include this report, a model ordinance and other materials that localities across the state can use to help them encourage STEP development to comply with state and federal laws and address local housing needs. In addition to the advisory committee's feedback and public input, this State of the Practice Report informed Commerce's STEP Model Ordinance, User Guide and Best Practices Report and Communications Toolkit to further support local jurisdictions. STEP materials were also be coordinated with the state's Apple Health and Homes Permanent Supportive Housing (PSH) Communications Toolkit and the statutory definitions for STEP. The State of the Practice Report provides county and local governments with: • Background information on housing needs in Washington state. • Excerpts from relevant state and federal laws. • A summary of existing local ordinances and regulations. • Promising practices for addressing the siting and development of STEP a STEP STATE OF THE PRACTICE - JULY 2024 Packet Pg. 164 9.4.b Chapter 2: Background Washington does not have enough housing to meet demand, resulting in housing prices rising faster than local wages, a main driver of increasing homelessness.6 To meet immediate affordable housing needs, state and local governments must encourage a diverse set of housing options, including STEP, to adequately address the unique needs of individuals, families, unaccompanied youth, seniors, veterans, people with disabilities and other subpopulations who are at the greatest risk of losing their housing in these market conditions. This chapter discusses: • The scale of housing needs in Washington, • Why there is so much need and the drivers of homelessness, and • What STEP looks like in Washington state. Scale of Housing Needs in Washington State Updates to RCW 36.70A.070(2) in 2021 revised how jurisdictions should plan for housing in their comprehensive plans. As part of this change, the Department of Commerce now provides projections of individual counties' future housing needs, including emergency housing and permanent supportive housing Counties must work with their local jurisdictions to plan for and accommodate these needs. Commerce's final housing needs projections show a demand for 1.1 million homes over the next two decades Of that 1.1 million, more than 600,000 homes need to be affordable for individuals at the lowest income levels (i.e., less than or equal to 80% of the area median income). Census data and population forecasts underscore the necessity for more than 50,000 new housing units annually to match the current projection as well as expected population growth.'s as N 3 O 2 (L w U) 0 m _ _ L 0 E �L a� 0 _ 0 a 0 g Because of an insufficient housing supply that cannot meet the rising demand, rent prices in Washington have significantly increased, while wages have only grown modestly. As of March 2024, there is a shortage of 171,981 rental homes that are affordable to renters with extremely low -incomes.' In order to afford rent for a two -bedroom home at the U.S. Department of Housing and Urban Development's (HUD) fair market rent, an annual household income of $75,556 or $36.33 per hour is required, which is much higher than the state minimum wage of $16.28 per hour.10, 11 To address the issue, many localities will need to plan for high and medium -density housing such as apartments, condominiums, multiplexes and accessory dwelling units, which are generally more affordable. Drivers of Homelessness in Washington State Based on the U.S. Department of Housing and Urban Development's (HUD) Annual Homeless Assessment Report to Congress for 2023, Washington is one of 25 states that have had a significant increase in 6 Washington State Department of Commerce. Drivers of Homelessness in Washington State. 2018. www.youtube.com/watch?v=X8NUHqpPf-U ' Washington Department of Commerce. Washington state will need more than 1 million homes in the next 20 years. State of Washington. 2023. www.commerce.wa.aov/news/washington-state-will-need-more-than-1-million-homes-in-next-20-years/ 8 For projections broken down by county, see Washington Department of Commerce's Planning for Housing in Washington (2023) 9 National Low Income Housing Coalition. 2024 Washington Housing Profile. https://nlihc.org/sites/default/files/SHP_WA.pdf 10 National Low Income Housing Coalition. How much do you need to earn to afford a modest apartment in your state? 2023. https://nlihc.ora/oor 11 Washington Department of Labor & Industries. Minimum Wage. 2024. www.Ini.wa.aov/workers-rights/wages/minimum-wage/ STEP STATE OF THE PRACTICE - JULY 2024 0 Packet Pg. 165 9.4.b homelessness, with a 19.9% rise from 2007 to 2023.12 This trend is driven mainly by rising rental costs, w is force individuals living on the edge into homelessness. Since 2012, rental prices in the state have increased significantly, particularly in urban centers such as King County. Low vacancy rates have worsened the situation, making it difficult for people to find housing even with adequate income or rental assistance. Despite an increase in income in the state, rents have risen at a faster rate, particularly for middle and lower -income households. Increases in homelessness driven by increasing rent prices have overshadowed the increased investments and effectiveness of homeless housing systems since 2012. While events such as losing a job, experiencing family instability or drug or alcohol addiction can put individuals and families at greater risk of homelessness in a tight housing market, evidence suggests that these factors are not responsible for Washington's trend of increasing unsheltered homelessness. In the same period that homelessness in Washington significantly increased, the state experienced: • Growth in workforce participation • Declines in teenage pregnancy and divorce • Drug overdose deaths increasing slower than they were nationally • Gross Domestic Product and wage growth • Sharp increases in rental prices This evidence shows that rising rents, combined with lagging income growth and a lack of housing supply, are the core causes of increased homelessness in the state. Additional investments and system improvements at both state and local levels are needed to address this issue. Tackling the root causes of rent increases is crucial for effectively reducing homelessness.13 People of color in Washington state are disproportionately affected by homelessness. As of July 2023, the demographic composition of the homeless or unstably housed population in Washington reflects a diverse range of backgrounds and significant disparities in who is experiencing homelessness. Among more than 202,000 homeless people recorded, approximately 13.2% identify as Native American or Alaska Native, contrasting to the 2% representation in Washington state's total population. Similarly, 19.8% of the homeless population are African American or Black, a demographic distinctly higher than the 4.6% representation in the state's overall population. Additionally, 5.5% of the homeless population identify as Native Hawaiian or Pacific Islander, compared to 0.8% representation in Washington state's total population (see Chart 1). According to the 2023 Homelessness in Washington report by Commerce, over 13,000 young people aged 12 to 24 face homelessness, often without parental support, termed "unaccompanied homelessness." This issue stems from complex factors, such as family dysfunction, system failures (like foster care exits) and societal challenges like economic instability and racism. Notably, 15% of youth experience homelessness within a year of leaving public systems and structural racism contributes to disproportionate rates among Black and Native youth, who make up at least 50% of homeless youth. LGBTQ+ youth facing family rejection are also at heightened risk, comprising up to 40% of the homeless youth population. Additionally, lack of education significantly increases the likelihood of homelessness; a national survey found that youth who did not complete high school were 4.5 times more likely to experience 12 de Sousa, et al. AHAR Report. 2023. U.S. Department of Housing and Urban Development. www.huduser.gov/portal/datasets/ahar.htm1 13 Washington State Department of Commerce. Drivers of Homelessness in Washington State. 2018. www.youtube.com/watch?v=X8NUHqpPf-U 1a N 3 0 x IL w U) L 0 m 0 E �L d Wr 0 _ 0 a 0 a STEP STATE OF THE PRACTICE - JULY 2024 10 Packet Pg. 166 9.4.b homelessness than those who completed high school.14 This forms a concerning cycle of instability for vulnerable youth, highlighting the urgent need for comprehensive support systems. These figures indicate the significance of addressing homelessness across various racial and ethnic communities and highlight the need for targeted support and resources to address the unique challenges faced by each group within the homeless population. Chart 1: Racial Disparities in Homelessness in Washington state 08% Native Hawaiian/Pacific Islander Black or African American Native American or Alaska Native 61111111111111111111 Asian Em Hispanic or Latino White ■ % of Washington state total Population ■ % of Washington state Homeless Population Benefits of STEP Development Types STEP can help various populations, including formerly homeless aging adults, families with child welfare involvement, individuals with chronic patterns of homelessness, people involved with the justice system and adults with intellectual and developmental disabilities. STEP, like emergency shelters, emergency housing and transitional housing, may help individuals and families experiencing homelessness meet their basic needs while they wait for affordable permanent housing to become available. By offering an alternative, STEP can reduce the number of people living and sleeping in unsafe conditions and divert people from living in public spaces. Benefits of STEP include the following: o Provides support services aiding participants in maintaining stable housing. o Connects individuals to essential services such as physical and mental health care, employment opportunities and public benefit income.15 14 Chapin Hall. Missed Opportunities: Education Among Youth Experiencing Homelessness in America. University of Chicago. 2019. https://nn4youth.org/wp-content/uploads/ChapinH all_VoYC_Education-Brief.pdf 11 Public benefit income is Income that is received from public sources such as Medicare, social security, disability, SNAP, Housing and Essential Needs (HEN), etc. STEP STATE OF THE PRACTICE - JULY 2024 11 Packet Pg. 167 9.4.b O Improves participants' mental and physical health through timely medical care, access to mental hea care and preventive care. O Enhances participants' employment prospects and incomes, fostering social connections. O Reduces the likelihood of participants being incarcerated. O Permanent supportive housing decreases the public cost burden on other services, such as hospitals and emergency shelters; therefore, it costs the same amount or less than its alternatives.16 STEP Building Structure Types and Forms The term STEP, as used in this report and the state's model ordinance, refers to developments that adhere to ; the International Residential Building Code (IRBC), which includes rules for a permanent foundation, safe x° plumbing and electrical practices, insulation, weather tightness, energy efficiency and safety (smoke alarms w and egress). U) L 0 With regard to emergency housing and emergency shelter, RCW 35.21.683 and RCW 35A.21.430 state that jurisdictions must not prohibit indoor emergency shelters and indoor emergency housing in all zones in which hotels are allowed. "Indoor," as used in the definitions of indoor emergency housing and indoor emergency shelter (RCW 36.70A.030) is interpreted in this report and the state's model ordinance as a subset of all of the o possible building forms in which shelters can be provided, as indicated in Table 1. "Indoor" implies buildings L that are affixed to the ground and have indoor plumbing, and therefore would exclude housing forms that are on wheels or that lack internal sanitation and/or cooking facilities. c r- Therefore, cities are not required to allow non -building code compliant structures as STEP, but the Department of Commerce encourages local governments to allow non-standard types of STEP as an alternative to sleeping -°a outside to provide safer places for people experiencing homelessness. These non-standard housing types g could include, for example, safe parking, pallet shelters and other non-standard projects that offer occupants 4) sanitation services, connections to community services and support in finding permanent housing. 9 Some local jurisdictions have observed that many organizations are proposing non -building code compliant structures or structures that may not have indoor plumbing, especially for emergency shelter, such as temporary pallet shelters, tent encampments and safe parking areas. This sometimes presents challenges for local jurisdictions because their codes may limit these types of structures. An additional challenge observed is that there are no adopted statewide standards for safe human habitation in temporary emergency shelters, but building codes for these shelters should be available by July 2026.11 Additionally, tiny homes and park model homes18 may also face barriers because their size and dimensions may not conform to standard building codes. STEP can be provided through a variety of building, facility and shelter types and forms, including but not limited to those listed in Table 1. Permanent supportive housing requires a lease, while emergency and transitional housing may or may not require one.19 16 Corporation for Supportive Housing. FAQ's about Supportive Housing Research: Is Supportive Housing Cost Effective? 2018. www.csh.org/wp-content/uploads/2018/06/Cost-Effectiveness-FAQ. pdf 17 The Washington Legislature adopted Senate Bill 5553 in 2023 that directs the state building code council to adopt standards for temporary emergency shelters and make them available for local adoption. This may assist local governments with these building code questions for unique shelter accommodations. 18 Park model homes, as defined in RCW 59.20.030(20), means a recreational vehicle intended for permanent or semi -permanent installation and is used as a primary residence. Essentially, they are a cross between manufactured homes and recreational vehicles (RVs). 19 Some of the forms listed in Table 1, such as tiny homes, can also be used for other housing types that are not related to STEP. STEP STATE OF THE PRACTICE - JULY 2024 12 Packet Pg. 168 9.4.b Table 1 - STEP Building Structure Types and Forms Single -site Congregate Living Y Y Y Scattered -site Apartments Y Y Y Y Tiny Homes* as defined in RCW 35.21.686 Y Y Y Y or Small Cottages** Tiny Homes on Wheels, as defined in RCW Y Y Y Y 35.21.686 Tiny Shelters,*** including Prefabricated Y Y Shelter and Containers (e.g., pallet shelters) Park Model Homes as defined in RCW Y Y Y Y 59.20.030(20) Manufactured Home as defined in RCW Y Y Y Y 59.20.030(9) Tent Encampments Y Safe Parking (cars or RVs)**** Y Single-family homes Y Y Y Y Hotel/ Motel Units Y Y Y Y Crisis Shelters Y Rental Units with Leases Y Y Y No Leases Typically Y Y *See RCW 35.21.686: a dwelling to be used as permanent housing with permanent provisions for living, sleeping, eating, cooking, and sanitation built in accordance with the state building code. **Small Cottages, as defined in the forthcoming Housing Trust Fund (HTF) Handbook: Single dwelling units smaller than 400 square feet, built on a foundation that provides complete living facilities such as living, sleeping, eating, cooking and sanitation. To be eligible for HTF capital funding, these must be built to Washington State Building Code, defined within Appendix Q of the Washington Residential Building Code revised 2021. ***Tiny Shelters, as defined in the forthcoming Housing Trust Fund (HTF) Handbook: Temporary shelters that do not have the amenities of a single dwelling unit, and rely on shared facilities for dining, laundry and bathrooms. Structure may or may not be on a foundation. For HTF funding, Washington State Building Code will be required when supplemental standards are adopted. ****RVs are not intended for long-term living except in manufactured home parks, where they must be allowed, and local governments may designate other areas where they may be allowed (RCW 35.21.684). Although it is recognized that RVs are used for long-term housing in many places. STEP STATE OF THE PRACTICE - JULY 2024 Packet Pg. 169 9.4.b Chapter 3: Relevant State and Federal Laws and Requirements Various state and federal laws, definitions and other requirements contribute to the siting and development of STEP in the state of Washington. This chapter discusses: • Definitions for important undefined or related terms in the Growth Management Act, RCWs 35A.21 and 35.21, and other existing laws; • Excerpts from current standards, rules, ordinances and legal precedents; • Summaries of state licensing and operating requirements; and • Explanations of federal and state funding requirements. Definitions The additional definitions provided below are from legislation relevant to the siting and development of STEP in Washington state. These definitions provide additional information for interpreting the laws, guiding development, and promoting consistency and adherence to state requirements: Affordable housing means, unless the context clearly indicates otherwise, residential housing whose monthly costs, including utilities other than telephone, do not exceed 30% of the monthly income of a household whose income is: For rental housing, 60%of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development; or For owner -occupied housing, 80% of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development. RCW 36.70A.030 Affordable housing development, at a minimum in the context of RCW 36.130, means a housing development in which at least 25% of the dwelling units within the Related Terms Crisis shelter is defined as a transient accommodation, at a permanent physical location, providing emergency or planned lodging services to a specific population, for periods of less than thirty days. A crisis shelter may or may not be reimbursed for services in the form of rental fee or labor, WAC 246-360- 010. A crisis shelter could be categorized under emergency housing or shelter, and there is potential overlap with transitional housing. Efforts are underway to update transient accommodations rules to address these challenges with support from the Department of Commerce, the State Board of Health, and the state legislature. Shelter can also be defined as temporary lodging with supportive services, offered by community -based domestic violence programs to victims of domestic violence and their children. RCW 70.123.020 Transient accommodation is defined as any facility that offers three or more lodging units to guests for periods of less than 30 days, consistent with WAC 246-360. development are set aside for or are occupied by low-income households at a sales price or rent amount that is considered affordable by a federal, state or local government housing program, (RCW 36.130.010). Indoor emergency housing or transitional housing that is administered through a lease and permanent supportive housing are determined to be affordable housing under RCW 36.130.020.20 20 Draft Washington Administrative Code (WAC) Changes - 365-196-Part 4 - March 2024 N 3 0 x a w U) L O _ _ 0 E •L d 0 _ 0 a 0 a STEP STATE OF THE PRACTICE - JULY 2024 14 Packet Pg. 170 9.4.b Emergency housing is defined in two distinct ways in state code. The Department of Revenue uses the definition in RCW 84.36.043(3)(b) to assess the tax-exempt status of organizations operating emergency shelters. The definition diverges from the Department of Commerce's definition of emergency shelter in the Introduction section. Emergency housing, in the context of RCW 84.36.043, refers to a project that offers housing and supportive services to homeless individuals or families for a duration of up to sixty days. Homeless Management Information System is a generic term for an electronic record system that enables information -gathering about and continuous case management of people experiencing homelessness across agencies in a particular jurisdiction (city, county and/or state). Homeless service providers collect information "S about their clients and input it into HMIS so that it can be matched with information from other providers in the state to get accurate counts of clients and the services they need. In order to be eligible for federal homeless a assistance funding, agencies must participate in an HMIS that allows them to collect and report on the specific V2 data elements outlined in the HMIS Data and Technical Standards. c Homeless, homeless individual and homeless person, as defined by federal law and HUD, means— w a� _ (1) an individual or family who lacks a fixed, regular and adequate nighttime residence; o (2) an individual or family with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned c building, bus or train station, airport or camping ground; c c 0 (3) an individual or family living in a supervised publicly or privately operated shelter designated to provide a temporary living arrangements (including hotels and motels paid for by Federal, State or local government a programs for low-income individuals or by charitable organizations, congregate shelters and transitional -- housing); (4) an individual who resided in a shelter or place not meant for human habitation and who is exiting an institution where he or she temporarily resided; (5) an individual or family who — (A) will imminently lose their housing, including housing they own, rent or live in without paying rent, are sharing with others, and rooms in hotels or motels not paid for by Federal, State or local government programs for low-income individuals or by charitable organizations, as evidenced by— (i) a court order resulting from an eviction action that notifies the individual or family that they must leave within 14 days; (ii) the individual or family having a primary nighttime residence that is a room in a hotel or motel and where they lack the resources necessary to reside there for more than 14 days; or (iii) credible evidence indicating that the owner or renter of the housing will not allow the individual or family to stay for more than 14 days, and any oral statement from an individual or family seeking homeless assistance that is found to be credible shall be considered credible evidence for purposes of this clause; (B) has no subsequent residence identified; and (C) lacks the resources or support networks needed to obtain other permanent housing; and STEP STATE OF THE PRACTICE - JULY 2024 15 Packet Pg. 171 9.4.b (6) unaccompanied youth and homeless families with children and youth defined as homeless under other Federal statutes who — (A) have experienced a long term period without living independently in permanent housing, (B) have experienced persistent instability as measured by frequent moves over such period, and (C) can be expected to continue in such status for an extended period of time because of chronic disabilities, chronic physical health or mental health conditions, substance addiction, histories of domestic violence or childhood abuse, the presence of a child or youth with a disability, or multiple barriers to employment. The federal government provides further criteria and reporting requirements for defining homelessness. Reasonable, for the purposes of RCW 35A.21.430 and RCW 35.21.683 and this report, includes only those requirements imposed to protect public health and safety. Requirements that prevent the siting of a sufficient number indoor STEP are not reasonable. In addition, reasonable requirements must comply with any applicable civil rights protections provided by the Washington Law Against Discrimination, the Fair Housing Act, and the American with Disabilities Act. Reasonable requirements can vary with geographic size and population of the jurisdiction and the current siting of these housing types. Any occupancy, spacing, and intensity of use requirements should be justified by reference to building code, fire code or other citations within an ordinance. Reasonable accommodations and reasonable modifications, as defined by the U.S. Department of Housing and Urban Development (HUD), are changes that allow individuals with disabilities to access, use and enjoy housing, including dwelling units, public and common areas, laundry rooms and parking. A reasonable accommodation or reasonable modification has to be connected to your disability. The Americans with Disability Act often refers to these types of accommodations as "modifications." Religious organization means the federally protected practice of a recognized religious assembly, school or institution that owns or controls real property defined in RCW 36.01.290(6)(c). State laws allow religious organizations more flexibility than other developers or providers hosting emergency housing and shelters. The definition provided in the model ordinance applies to counties and "hosting the homeless." It is likely that a local government may need to use a broader definition than just one that owns or controls property in other contexts. This definition is just for the purpose of RCW 36.01.290, hosting the homeless by religious organizations, and RCW 36.70A.545, increased density bonus for affordable housing located on property owned by a religious organization. It is not required to be used more broadly. Sufficient in the context of RCW 35.21.683 and RCW 35A.21.430 refers to the availability of adequate permanent supportive housing and indoor emergency housing or shelter within a jurisdiction. Specifically, "sufficient" means enough permanent supportive housing and indoor emergency housing or shelter could be built under current local regulations or is available to meet local housing needs based on the jurisdiction's share of the countywide housing need by income level in its comprehensive plan. STEP Zoning and Development Regulation Laws A number of state and federal laws relate to zoning and development regulations that apply to STEP. These laws are described below and summarized in the quick reference chart provided in Table 2. _ .N 0 x a w U) L O a� _ M _ 0 E •L W 0 0 Q. 0 STEP STATE OF THE PRACTICE - JULY 2024 Packet Pg. 172 9.4.b Washington state laws that specifically apply to STEP O The Growth Management Act and RCWs 35A.21 and 35.21 require local governments to plan for and accommodate housing affordable to all income levels as provided by the Department of Commerce. Documentation of land use capacity for emergency housing and permanent supportive housing needs is required for both counties and cities (RCW 36.70A.070(2)(c)). Countywide housing needs are determined based on a selected population target from the state -provided population projection range, using Commerce's Housing for All Planning Tool (HAPT) to identify projected housing needs by income level. These countywide housing needs are to be allocated to each jurisdiction in a county. Each jurisdiction S should document its share of the countywide housing need by income level in its comprehensive plan's o' housing element and show that it has sufficient land capacity for these needs in a land capacity analysis. a O The Growth Management Act and RCWs 35A.21 and 35.21 establish minimum requirements to meet state uJ law for STEP. Cities may only impose reasonable occupancy, spacing and intensity of use limits on L permanent supportive housing, transitional housing, indoor emergency housing and indoor emergency ° shelters to protect public health and safety (RCW 35.21.683 and RCW 35A.21.430). Any such limits must m = not prevent the siting of a sufficient number of STEP units and beds necessary to accommodate projected needs as required for the community's housing element. o O Consistent with RCW 35.21.683 and RCW 35A.21.430, city code must allow permanent supportive and 0 transitional housing in any zones in which residential dwelling units or hotels are allowed. This requirement includes traditional single-family detached housing zones. w O Consistent with RCW 35.21.683 and RCW 35A.21.430, city code shall not prohibit indoor emergency c shelters and indoor emergency housing in any zones in which hotels are allowed, except in such cities that c have adopted an ordinance authorizing indoor emergency shelters and indoor emergency housing in a o majority of zones within a one -mile proximity to transit. Even if a jurisdiction does not allow hotels in any a zone, they must allow the siting of a sufficient number of indoor emergency shelter beds and/or 0 emergency housing units to meet their allocation. O City code must allow permanent supportive housing in areas where multifamily housing is permitted under RCW 35.21.689. State laws for land use regulation O Fully planning local governments are required to document how they have sufficient land use capacity for all future housing needs by income level (RCW 36.70A.070(2)(c)). To determine whether jurisdictions have the land capacity for STEP, local governments can refer to Guidance for Updating your Housing Element Book 2 for specific steps, starting on page 41 for emergency housing, and starting on approximately page 31 for permanent supportive housing. O Fully planning counties are required to have countywide planning policies that consider the need for housing for all economic segments and the parameters for its distribution (RCW 36.70A.210(3)(e)). O A city, county or other local governmental entity or agency may not adopt, impose or enforce requirements on an affordable housing development that are different than the requirements imposed on housing developments generally (RCW 36.130.020). However, this law does not prohibit any city, county or other local governmental entity or agency from extending preferential treatment to affordable housing developments, including, but not limited to a reduction or waiver of fees, changes in applicable requirements, or other treatment that reduces or is likely to reduce the development or operating costs of an affordable housing development.21 21 A local government may also impose and enforce requirements on affordable housing developments as conditions of loans, grants or affordable housing incentives (RCW 36.130.020(3)). However, regulations must be consistent to all affordable housing that receives STEP STATE OF THE PRACTICE - JULY 2024 17 Packet Pg. 173 9.4.b O City and county regulations may not limit the number of unrelated persons that may occupy a househola or dwelling unit except for lawful limits on occupant load per square foot or building code limits (RCW 35.21.682, RCW 35A.21.314 and RCW 36.01.227). Jurisdictions looking for assistance should consult their building official/applicable building codes. O City and county development regulations must allow an increased density bonus consistent with local needs for any affordable housing development (including permanent supportive housing and STEP with leases) of any single-family or multifamily residence located on real property owned or controlled by a religious organization (RCW 36.70A.545). Communities may choose to increase zoning on those properties or determine a certain bonus density should they apply for a development. U) O Regulatory limits on outdoor encampments, safe parking efforts, indoor overnight shelters, and temporary 0 small houses on property owned or controlled by a religious organization must be consistent with RCW w 35.21.915 and RCW 36.01.290, which are very rigorous lists of potential items. For example, any religious organization hosting the homeless with a publicly funded managing agency must utilize the Homeless c Management Information System (RCW 35.21.915(5)). O A city, county or other local governmental entity or agency may impose and enforce requirements on affordable housing developments as conditions of loans, grants, financial support, tax benefits, subsidy funds or sale or lease of public property; or as conditions to eligibility for any affordable housing incentive p program under RCW 36.70A.540 or any other program involving bonus density, transfer of development •L rights, waiver of development regulations or fees or other development incentives. O State law establishes an 880-foot community protection zone around public and private schools, which regulates where level two and three sex offenders may not live (RCW 9.94A.020(6)). It is not necessary or c r_ advised to add local regulations to create a community protection zone. a O Public hearing requirements for moratoria and interim zoning control are not applicable to ordinances or -°a development regulations adopted by a city that prohibit building permit applications for or the construction a of transitional housing or permanent supportive housing in any zones in which residential dwelling units or hotels are allowed or prohibit building permit applications for or the construction of indoor emergency shelters and indoor emergency housing in any zones in which hotels are allowed (RCW 36.70A.390). a O Restrictions and requirements imposed on the siting, development and operations of STEP must not s violate civil rights protections provided by the Washington Law Against Discrimination, as well as the c federal Fair Housing Act and the Americans with Disabilities Act, in RCW 49.60.222 specifically (1)(f) and41 (2)(a), (b) and (c). Individuals experiencing homelessness or at risk of homelessness are disproportionately CU 41 N members of several protected classes under state and federal laws. These classes include but are not = limited to people with disabilities and people of color. To comply with these regulations, policymakers must ensure equitable access to supportive services and housing opportunities for all individuals. _ O Permanent supportive housing and other types of housing that require leases must adhere to the w Washington State Residential -Landlord Tenant Act, which include laws such as landlords must give tenants at least 2 days' written notice before entering a rental to make repairs or inspect the place and landlords N must have good cause for evicting a tenant (e.g., not paying rent, missing a payment under an installment a plan, not following the rental agreement or drug -related or gang -related activity). E O Washington State Environmental Policy Act (SEPA) requires all branches of government in the state to examine their laws, regulations and policies to assess their environmental impacts to ensure Q environmental values are part of state and local decision -making. a� E benefit, and proportional and connected to benefit. For example - if a jurisdiction allowed parking waivers for developments, they could require a parking management plan, or if the jurisdiction provided a grant or funding for affordable housing, the jurisdiction could require that audits be performed to ensure units are available to residents meeting income requirements. STEP STATE OF THE PRACTICE - JULY 2024 18 Packet Pg. 174 9.4.b Federal laws O According to the Fair Housing Act, city and county codes must not discriminate against the siting of housing for people with disabilities or any reasonable accommodations associated with the housing. The Fair Housing Act prohibits jurisdictions from making zoning or land use decisions or implementing land use policies that exclude or discriminate against people with disabilities. The Fair Housing Act also prohibits enforcing a "neutral" rule or policy that has a disproportionately adverse effect on a protected class unless there is a valid business reason for the rule or policy and the housing provider can show that there is no less discriminatory means of achieving the same result. Federal fair housing protected classes y are race, color, national origin, religion, sex (including gender identity and sexual orientation), familial status c and disability. _ a O The Americans with Disabilities Act prohibits discrimination against individuals with disabilities and W provides enforceable standards to address discrimination, including accessible design standards for newly y constructed and renovated state and federal facilities, public accommodations and commercial buildings. O The Religious Land Use and Institutionalized Persons Act states, "no government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of c a person, including a religious assembly or institution, unless the government demonstrates that O imposition of the burden on that person, assembly, or institution (a) is in furtherance of a compelling E governmental interest; and (b) is the least restrictive means of furthering that compelling governmental interest." The federal and state laws described above apply to certain STEP types, as set forth in the reference Table 2. 0 c Table 2 - STEP Types and Applicable Laws 0. a The Growth Management Act and RCWs 35A.21 and 35.21 require local governments to I Y I Y I Y plan for and accommodate housing affordable to all income levels. RCW 35.21.683 and RCW 35A.21.430 states that cities shall not prohibit indoor emergency Y Y Y shelters and indoor emergency housing in any zones in which hotels are allowed. Cities must also allow permanent supportive and transitional housing in zones where residential dwelling units or hotels are allowed. They may limit occupancy, spacing and intensity of use requirements to protect public health and safety so long as such limits allow the siting of a sufficient number of units/beds to accommodate each city's projected housing needs. RCW 35.21.689 and RCW 35A.21.305 require cities to allow permanent supportive housing I I I in areas where multifamily housing is permitted. RCW 36.130.020 prohibits any local government from having requirements on an Y* Y* affordable housing development that are different from the requirements imposed on housing developments generally. I RCW 35.21.682. RCW 35A.21.314 and RCW 36.01.227 prohibit any local government from Y Y I Y having requirements related to unrelated persons that may occupy a unit. i RCW 36.70A.545 requires fully planning cities and counties to allow increased density Y* I Y* bonuses for any affordable housing on real property owned or controlled by a religious organization. RCW 35.21.915, RCW 35A.21.360 and RCW 36.01.290 any local government regulatory Y Y limits on encampments, safe parking, overnight shelters, and temporary small houses on property owned or controlled by a religious organization. RCW 36.70A.540 gives authority to local governments to offer incentives in exchange for Y* Y* providing development for low-income housing units. STEP STATE OF THE PRACTICE - JULY 2024 Packet Pg. 175 9.4.b RCW 36.70A.070(2)(c) requires fully planning local governments to document how they I Y** I I Y I Y have sufficient land use capacity for all future housing needs by income level. RCW 36.70A.210(3)(e) requires fully planning counties to have countywide planning Y Y Y Y policies that consider the need for housing for all economic segments and the parameters for its distribution. Y Y Y .-. c Y (a M RCW 9.94A.020(6) regulates where level two and three sex offenders may not live. RCW 36.70A.390 states public hearing requirements for moratoria and interim zoning Y Y Y Y O 2 control are not applicable to regulations that prohibit building permit applications for d transitional housing or permanent supportive housing in any zones in which residential W dwellings or hotels are allowed or prohibit indoor emergency shelters and indoor N emergency housing in any zones in which hotels are allowed. Washington Law Against Discrimination prohibits requirements imposed on STEP that — Y — Y Y O w Y y violate civil rights protections. v c Washington State Residential -Landlord Tenant Act includes laws landlords must follow. R Y Y* Y* 'a Washington State Environmental Policy Act requires all branches of government in the Y Y Y Y p state to examine their laws' environmental impacts. At the local level, this requires an E assessment of comprehensive plans, development regulations, and project permits unless specifically exempted by the act. i Americans with Disabilities Act prohibits discrimination against individuals with Y Y Y Y C disabilities and provides enforceable standards to address discrimination. r- - O Fair Housing Act prohibits "neutral" policy that has a disproportionately adverse effect on Y Y Y Y Q a protected class. O Religious Land Use and Institutionalized Persons Act prevents the implementation of land Y Y Y Y Q use regulations that impose a substantial burden on the religious exercise of a person. a) *Only applicable when the housing has a lease. **Emergency shelters are grouped with emergency housing needs in Commerce's projected housing needs. STEP STATE OF THE PRACTICE - JULY 2024 Packet Pg. 176 9.4.b State Licensing and Operating Requirements In Washington state, not all STEP have licensing and operating requirements under state law. Temporary Accommodations The Department of Health (DOH) has the authority to license some shelters under transient accommodation rules, consistent with WAC 246-360. A transient accommodation is any facility that offers three or more lodging units to guests for periods of less than 30 days. Shelters are required to be licensed through DOH if they offer three or more lodging units for periods of less than thirty days. Most shelters operate without licenses, and many are unaware of the requirement. If DOH receives a complaint about shelter conditions, they may inspect the facility to determine if it should be licensed as a transient accommodation. If the shelter meets the requirement and is not licensed, DOH will inform them of the requirement and assist in the licensing process. STEP for youth populationS22 (chapter 100-145 WAC) and other specific housing programs may have additional licensing requirements. Permanent Supportive Housing Permanent supportive housing requires leases and must adhere to the state landlord -tenant laws under Chapter 59.18 RCW. The Department of Commerce strives to align permanent supportive housing with the guidance and best practices of both the federal and state governments; these include the evidence -based best practice model and guidelines of the U.S. Department of Health and Human Service, Substance Abuse and Mental Health Services Administration (SAMHSA) that emphasize choice, safety and integration into the community. Similar best practices have been established by the Washington Health Care Authorit and the Department of Social and Health Services. The Washington State Department of Health (DOH) and Department of Social and Health Services (DSHS) DOH and Residential Care Services within DSHS are the two main licensing bodies in the state relevant to residential facilities. DOH licenses residential treatment facilities, which are sometimes confused with STEP. Residential treatment facilities are defined as establishments in which twenty-four hour on -site care is provided for the evaluation, stabilization or treatment of residents for substance use, mental health, co-occurring disorders, or for drug exposed infants. A few examples of these facilities in Washington state are Pioneer Human Services, offering residential treatment programs for substance abuse recovery, and Navos, providing residential treatment options in addition to comprehensive mental health and addiction recovery services. Washington State Health Care Authority reimburses the services within residential treatment facilities through Managed Care Organizations and Behavioral Health Administrative Service Organizations. DSHS is responsible for the licensing and oversight of adult family homes, assisted living facilities, nursing facilities, intermediate care facilities for individuals with intellectual disabilities, and certified community residential services and supports. These settings are also sometimes confused with STEP. Requirements Associated with State and Federal Funding Developing and operating STEP usually requires some form of financial assistance from the public sector, financial institutions, private investors or non-profit organizations.23 Often a combination of these funding sources is needed, each with its own unique requirements. When creating local ordinances and regulations for STEP, jurisdictions can consider the complex funding sources and their existing requirements that these types 22See definition of "youth" in WAC 100-145-1305. Generally "youth" means a person who is under 18 years old, except for a few circumstances when "youth" can be up to 21 or 25 years old. 23 For more funding sources, see page 16 of the Health & Housing Partnership Toolkit for Washington State (2023). STEP STATE OF THE PRACTICE - JULY 2024 21 Packet Pg. 177 9.4.b of projects are already required to meet. This consideration is important to ensure that local requirements an processes do not become overly burdensome when combined with others, as this can make it even more difficult to develop STEP. In Washington state, some of the typical funding sources for STEP include: Apple Health and Homes In 2022, Washington allocated $60 million in capital funding to support the acquisition and construction of homes exclusively for eligible participants in the Apple Health and Homes (AHAH) initiative. AHAH integrates healthcare services with housing by providing capital financing and operating assistance paired with supportive housing and employment services. Eligible participants must be Foundational Community Supports Medicaid beneficiaries with medical risk factors such as chronic patterns of homelessness, behavioral health needs, disabilities or long-term care needs. Consolidated Homeless Grant The Consolidated Homeless Grant (CHG) is an important resource for the state's homeless crisis response system. It comprises four separate funds allocated to grantees such as county governments and nonprofits: CHG Standard, Permanent Supportive Housing for Chronically Homeless Families (PSH CHF), Eviction Prevention and Housing and Essential Needs (HEN). These grant programs fund various types of assistance, including homelessness prevention, street outreach, emergency shelters, transitional housing, rapid re -housing and permanent supportive housing. Each fund has its own guidelines and grant management requirements, such as documentation needed for clients, reporting requirements, staff training requirements, operational expenses, administrative cost requirements and service delivery requirements. Each county must maintain a Coordinated Entry process and follow the Washing State Coordinated Entry Guidelines to keep a record of intake, assessment and referral that gets households in a housing crisis connected to available resources in the community. To qualify for CHG- funded support, households must meet both housing status and income requirements. The Department of Commerce's Housing Division publicly tracks CHG outcome measures for each county online, offering transparency about grantees' performance and adding an additional layer of accountability. Lead/subgrantees providing direct service must enter client data into the Homeless Management Information System (HMIS) for all temporary and permanent housing interventions regardless of funding source, according to the most updated HMIS Data Standards. As mandated by the Homelessness Housing and Assistance Act, the Washington Department of Commerce is responsible for maintaining a statewide HMIS data warehouse. Commerce is responsible for operating a HMIS for counties that are part of the Balance of State Continuum of Care (CoC), while the five Washington counties with the largest populations have their own CoCs and separate HMIS. The Department of Commerce's Housing Division uses HMIS to analyze aggregate data and publish counties' homeless system performance and the state of equity in homeless systems, providing transparency about how counties are performing and information on CHG outcome measures. Both the Department of Commerce and the other CoCs report system performance measures to HUD. Emergency Solutions Grants The Emergency Solutions Grant (ESG) program utilizes federal funding from HUD's Homeless Emergency Assistance and Rapid Transitions to Housing Act of 2009 (HEARTH Act). All Commerce grantees and subgrantees must follow all applicable sections of the program regulations, as outlined in the HUD ESG Interim Rule. The ESG grant aids communities in providing street outreach, emergency shelter, rental assistance and related services to adults and families with children facing or at risk of homelessness. Its main goals are to prevent homelessness among households at risk and rapidly re -house individuals experiencing homelessness. N 0 x IL w U) L O 0 E �L a� 0 _ 0 W a 0 g STEP STATE OF THE PRACTICE - JULY 2024 22 Packet Pg. 178 9.4.b In addition to the HUD Interim Rule, the Washington State Department of Commerce also has its own guidelines and grant management requirements for the ESG fund, such as documentation needed for clients and requirements for reporting, staff training, operational expenses, administrative costs and service delivery. To qualify for ESG-funded support, households must meet both housing status and income requirements. Similar to other grants, lead/subgrantees providing direct service must enter client data into the Homeless Management Information System (HMIS) for all temporary and permanent housing interventions regardless of funding source, according to the most updated HMIS Data Standards. System Demonstration Grant The System Demonstration Grant (SDG) combines state homeless resources into a single grant opportunity for county governments under the administration of the Department of Commerce. It comprises four separate funds allocated to grantees such as county governments and nonprofits: SDG Standard, Permanent Supportive Housing for Chronically Homeless Families (PSH CHF), Eviction Prevention and Housing and Essential Needs (HEN). These grant programs fund various types of assistance, including homelessness prevention, street outreach, emergency shelters, transitional housing, rapid re -housing and permanent supportive housing." Each fund has its own guidelines and grant management requirements, such as documentation needed for clients and requirements for reporting, staff training, operational expenses, administrative costs and service delivery. To qualify for SDG-funded support, households must meet both housing status and income requirements. SDG counties should adhere to the HUD CoC Program Coordinated Entry requirements and guidelines as outlined in the Coordinated Entry Core Elements. Washington State Housing Finance Commission - Tax Credits The federal Low Income Housing Tax Credit (LIHTC) program, established under the 1986 Tax Reform Act, helps develop low-income rental housing by providing tax credits to qualified owners, including permanent supportive housing. The Washington State Housing Finance Commission administers these credits for residential rental properties in the state. The LIHTC program operates under a Qualified Allocation Plan (QAP), Rules and Policies, which outline preferences, criteria and procedures for credit allocation and compliance monitoring. The policies guide project evaluation and eligibility criteria, emphasizing values such as racial equity and resource efficiency. Commission staff interpret and administer the policies to ensure compliance with federal regulations. Washington State Housing Trust Fund Washington state's Housing Trust Fund can also provide capital for developing and preserving permanent supportive housing. Loans are provided for projects that serve households with less than 80% of the Area Median Income (AMI), but most properties are for properties targeted to households with incomes less than 30% of AM[, including people experiencing homelessness and people needing supportive housing. Local Funding Sources In addition to state and federal resources, county and city governments can support funding STEP housing, facilities and service models. For example, the City of Seattle passed an unprecedented levy in 2023 to support affordable housing development, including units for people experiencing homelessness, and to provide short- 24 More details on SDG are available in the Department of Commerce's Guidelines for the System Demonstration Grant, Version 2, Updated June 10, 2024. a� N 0 x IL w U) L 0 w m _ L 0 E 0 _ 0 a 0 g STEP STATE OF THE PRACTICE - JULY 2024 23 Packet Pg. 179 9.4.b term rent assistance and housing stability services to prevent homelessness.25, 26 Each county also funds Rs own homeless services through locally retained document recording fees, as outlined in RCW 36.22.250. Other local option tools for addressing affordable housing funding gaps include:21 O Housing and related services sales tax (RCW 82.14.530) O Affordable housing property tax levy (RCW 84.52.105) O REET 2 (RCW 82.46.035) - GMA jurisdictions only and only available through 2025 O Lodging Tax (RCW 67.28.150 and RCW 67.28.160) to repay general obligation bonds or revenue bonds O Mental Illness and Drug Dependency Tax (RCW 82.14.460) - jurisdictions with a population over 30,000 O Donating surplus public lands for affordable housing projects (RCW 39.33.015) O Impact fee waivers for affordable housing projects (RCW 82.02.060) O Application fee waivers or other benefits for affordable housing projects (RCW 36.70A.540) Other Funding Sources Additionally, public housing authorities can use HUD Project Based Vouchers (PBVs) to support projects. PBVs are an integral part of a public housing authority's Housing Choice Voucher program aimed at providing affordable housing options. Public housing authorities utilize existing tenant -based voucher funding from the federal government to allocate PBV units to specific projects selected either through competitive or non- competitive processes. Up to 20% of authorized voucher units can be used for PBV assistance in projects where owners agree to affordable housing rehabilitation, construction or unit set -asides. In certain cases, an additional 10% of authorized voucher units may be used for PBVs. Private fundraising, philanthropic organizations and non -profits can also be funding sources for STEP development and operation. Examples in Washington state include the Amazon Housing Equity Fund, Evergreen Impact Housing Fund, Tulalip Foundation and the Washington Community Reinvestment Association. Community development financial institutions can also help finance STEP. For example: O Corporation for Supportive Housing offers predevelopment and acquisition financing for permanent supportive housing projects. O Impact Capital offers predevelopment and acquisition financing for any community facility (including emergency shelters) and any affordable housing (including transitional, emergency and permanent supportive housing). O Washington Community Reinvestment Association offers multifamily permanent loans for affordable housing projects and economic development loans for any community facility; this is not specifically for STEP, but if a permanent loan is required, WCRA could be an option. 21 Seattle Office of Housing. Mayor Bruce Harrell celebrates voters' historic passage of $970 million housing levy. The City of Seattle. 2023. https://housing.seattle.gov/mayor-bruce-harrell-celebrates-voters-historic-passage-of-970-million-housing4 vyL 26 Seattle Office of Housing. City of Seattle celebrates affordable housing investments and anti -displacement achievements. The City of Seattle. 2024. https://housina.seattle.gov/2023-housing-investments/ 27 Some tools may be unavailable for certain jurisdictions. For example, only GMA jurisdictions can use REET 2, or the surrounding county may have already implemented the housing and related services sales tax. See MRSC's summary of Affordable Housina Funding Sources for more details and the Association of Washington Cities (AWC)/MRSC booklet on Homelessness & housing toolkit for cities (2022). a� N 3 0 x (L w U) 0 m 0 E �L a� w 0 _ 0 W a 0 a STEP STATE OF THE PRACTICE - JULY 2024 24 Packet Pg. 180 9.4.b Chapter 4: Municipal Planning and Implementation This chapter provides an overview of the current situation in Washington state regarding regional and local planning for STEP. It covers how counties coordinate the allocation of housing needs to local jurisdictions and discusses how local governments are addressing the siting and permitting of STEP to help meet those housing needs. Planning Regionally for STEP Revisions to RCW 36.70A.070(2) in 2021 updated requirements for how fully planning jurisdictions must plan for housing in their comprehensive plans. To support local planning, the Department of Commerce provides projections of individual counties' housing needs by income level, including emergency housing and permanent supportive housing. Each county must decide collectively with its cities and towns how to allocate these projections among its local jurisdictions. Each jurisdiction must then document its share of countywide housing needs by income level and their plan to accommodate that share of housing needs in its comprehensive plan.28 The Department of Commerce's Housing for All Planning Tool provides countywide projected housing needs for all income levels. The income levels are 0-30% of area median income (AMI) non -permanent supportive housing, 0-30% AMI permanent supportive housing, 30-50% AMI, 50-80% AMI, 80-100% AMI, 100-120% AMI, and 120% AMI and above, as well as emergency housing needs. Commerce collaborated with stakeholders to develop the projection methodology.29 Each county that is fully planning under the Growth Management Act may have countywide planning policies and processes for allocating these needs to local jurisdictions. Many communities are still in the process of receiving their allocations, as the requirement deadlines to update comprehensive plans varies based on the individual county.31 a Homelessness and housing affordability is a challenge that affects entire counties and requires solutions that often go beyond the resources of one city or town government. Therefore, many planning and implementation efforts take place at the county level in Washington. Typically, city and county governments collaborate with nonprofits and housing authorities to build and operate facilities and administer programs for people experiencing homelessness. Building a regional network of partners and stakeholders can be important for a successful plan to address homelessness. Tedd Kelleher, Housing Policy Director for the Washington State Department of Commerce, stresses the importance of using available data sources to understand existing housing conditions, including existing housing stock, household incomes, homeless populations and housing risk factors.31 28 Resources for projected housing needs are in Book 1 of Commerce's Housing Element Guidance. Projecting housing needs by income level begins on page 34. Information on how to allocate the countywide housing needs from the countywide projections to individual jurisdictions begins on page 60. 29 To view the Department of Commerce's methodology for projecting housing needs, see Book 1 of Commerce's Housing Element Guidance, starting on page 28. 30 The deadline for completing each jurisdiction's comprehensive plan is available on Commerce's Periodic Update webpage. 31 Counties should examine local data to understand their community demographics and the disparities in their homeless and unstably housed populations. See the Department of Commerce's Snapshot of Homelessness in Washington State for January 2021 for information about each county's homeless and unstably housed population. STEP STATE OF THE PRACTICE - JULY 2024 25 Packet Pg. 181 9.4.b Furthermore, RCW 36.70A.070(2) mandates that jurisdictions address several topics as they update the housing elements of their comprehensive plans. The plans must: • Identify existing and future housing needs, including their portion of projected countywide housing needs provided by Commerce. • Set goals and policies for moderate -density housing within urban growth areas. • Identify sufficient land available to meet housing needs across all income levels, including emergency housing and permanent supportive housing. • Document barriers to housing availability and actions to remove these barriers. • Identify racially disparate impacts and risks of displacement from housing policies. • Establish anti -displacement measures and policies to begin to undo racially disparate impacts.32 Dave Andersen, the Managing Director of the Growth Management Services unit, says successful communities revise their housing planning strategies to focus on inclusivity and equity to accommodate residents across all income levels. This work entails a shift towards planning for diverse housing options such as apartments, condominiums, missing middle housing and accessory dwelling units, as well as deeply affordable housing types such as permanent supportive housing and emergency housing. Counties' Policies and Approaches for Allocating Housing Needs Counties have employed various approaches to allocating housing needs among local jurisdictions. Allocating housing needs by income level to jurisdictions within the county involves several steps, most notably determining the amount of overall population and housing that goes to each jurisdiction and then the allocation of housing needs by income level. As counties decide where overall population and housing should be directed, most communities use data on employment locations, transportation accessibility, service availability, infrastructure and land capacity to determine the appropriate percentage of housing growth to plan for in each area. These percentages are then integrated into the Department of Commerce's Housing for All Planning Tool to determine an allocation of housing needs by income level to each jurisdiction or to inform a local -designed method of allocating housing needs. Many counties have policies about where overall growth should be directed within the county that can assist with this work. Commerce also recommends that counties develop countywide policies about where more affordable housing should be planned for to support the allocation of housing needs. In King County, the county developed countywide planning policies to guide where growth would be directed within the county and principles to determine the allocation of housing needs by income level to jurisdictions. These principles included increasing housing choices for low- and moderate -income households in areas with fewer affordable housing options currently and promoting a more equitable allocation of housing choices across all jurisdictions. After significant stakeholder coordination, they decided on a framework where more affordable housing would be directed to places with fewer affordable housing options, fewer income -restricted housing options, and a greater imbalance of low -wage workers to low -wage jobs. Some counties have special circumstances to consider for allocating their housing needs. For example, local tourism plays a vital role in driving the economy of Port Townsend and Jefferson County, and the area needs affordable housing for tourism workers to live in throughout the year. The region witnesses an increase in the number of visitors during the summer, and there is also a growing trend of vacation homes that remain vacant sz Washington State Department of Commerce. Guidance and Data for Updating Housing Elements. Webinar. May 2023. https://deptofcommerce.app.box.com/s/j3fq kx8x7brlstds3yv4gh7p9zwpure6 0 x a w 0 w m _ 0 E •L 0 _ 0 a 0 a STEP STATE OF THE PRACTICE - JULY 2024 26 Packet Pg. 182 9.4.b for a significant part of the year. Furthermore, short-term vacation rentals such as Air BnBs are becoming a dominant segment of the housing supply, which limits housing availability for other residents. This situation is particularly severe for lower -income residents. As they move away, the county loses its working-class population, which can have severe consequences for the local economy. Jefferson County will be considering this local trend as they complete their housing need allocations in 2024. Accommodating and Regulating STEP Locally Based on a review of recently implemented local STEP regulations and state of the practice interviews, some S local regulations and processes to permit STEP conflict with the state and federal laws noted in Chapter 3, o while others incentivize the production of STEP to help address their county's housing needs. In general, local = regulations have the potential to provide more flexibility and greater opportunities for establishing STEP. a LU U) Where to Allow STEP L ° 0 In some cases, local ordinances permit the construction of STEP in mixed -use and commercial areas, which is consistent with state law. Some jurisdictions have multifamily zoning overlays that allow for permanent supportive housing in single-family residential zones, which is also consistent. However, some 0 communities still limit STEP in these areas, and others do not address certain types of STEP (e.g., E emergency shelter and emergency housing) in their ordinances, which is inconsistent with state law. w 0 In certain communities, permanent supportive housing and transitional housing are permitted in residential areas based on special criteria (e.g., limits on total units or total residents, distance from other STEP types and transit and total staff on -site). These regulations may be inconsistent with RCW 36.130.020 when a other residential housing types do not have these same restrictions or criteria. Similar local regulations are -°a commonly applied to emergency shelter and emergency housing in commercial zones. a 0 Generally, local regulations encourage STEP development in areas that already have access to services, such as transit, which is a best practice. However, some communities require such projects to be within a certain distance of transit facilities, which can create a barrier for STEP development and may be a inconsistent with state law if this restriction is not clearly linked to public health and safety purposes. s Occupancy, Spacing and Intensity Rules Local regulations for STEP also often include rules related to occupancy, spacing, density, parking, environmental standards and other development and operational requirements. Typical restrictions on the spacing, occupancy and intensity of use of STEP in local jurisdictions include limits on the number of people a project can serve by placing limits on total units and/or occupancy, the number of staff and the distance between STEP projects. These restrictions can be inconsistent with state law if these restrictions are not tied to public health and safety (e.g., reference to local building code) or limit a sufficient number of STEP housing to accommodate a jurisdiction's local projected housing need. Some communities have distance restrictions that prohibit the construction of emergency shelters or emergency housing within one-half mile of another existing or proposed shelter or emergency housing project Variations of this requirement are common in Washington's jurisdictions. Other less common restrictions include limits on how many STEP projects can exist in a community and limits on how close STEP projects can be to schools. In most cases, jurisdictions have not included findings on how these regulations are linked to public health and safety, which may be in conflict with state law, and possibly federal Fair Housing laws. Most of these jurisdictions have also not identified that these restrictions still permit a sufficient number of STEP housing to accommodate local housing needs. STEP STATE OF THE PRACTICE - JULY 2024 27 Packet Pg. 183 9.4.b Most jurisdictions also do not have special provisions regarding density bonuses for STEP sponsored by religious organizations, which prevents them from allowing increased densities consistent with RCW 36.70A.5451 and is therefore inconsistent with state law. Development and Operational Requirements Other development regulations and operating requirements have been incorporated in recent local ordinances regarding STEP that differ from requirements for other residential dwelling types, and therefore are likely inconsistent with state law for permanent supportive housing and transitional housing (RCW 36.120.020) and may create barriers for all STEP, including: O Specific parking, setback and lot requirements O Required operations plans O Required coordination with local police and fire departments (e.g., developing safety plans) O Public noticing requirements O Required approaches for mitigating potential impacts on the project's surrounding neighborhood O Requirements for what services and amenities must be available on -site O Minimum stay and eligibility criteria for tenants O Regular performance reporting requirements O Subjecting projects to special inspections (e.g., mandatory annual inspections) Some local developers recommend that jurisdictions become more flexible regarding their requirements, especially parking minimums, when projects anticipate a high ratio of tenants who use public transportation or have alternate modes of transportation and do not need onsite parking. Operations Plans Many communities require STEP or certain STEP types, such as emergency shelters or emergency housing, to submit operations plans before they can be permitted. The required information varies by jurisdiction. However, common documentation requirements include: O Contact information for staff key and their roles and responsibilities 0 A facility management plan, including security policies and an emergency management plan 0 Site and facility maintenance policies O Occupancy policies 0 Staffing plans and outcome measures for human and social services plan and outcome measures O A community engagement plan O Documentation of record -keeping processes O A description of transportation either provided or accessible to residents While not common in Washington, some jurisdictions have additional requirements, like staff background checks, minimum codes of conduct for STEP tenants, good neighbor agreements and business licenses. In many cases in the state of the practice review, besides which zones they are permitted in, all STEP types must meet the same local development and operational requirements. However, in some communities, emergency shelters and emergency housing have additional requirements that permanent supportive housing and transitional housing do not (e.g., required operations plans, distance from schools, floor area ratios, occupancy standards and good neighbor agreements). To support specific types of STEP projects that support vulnerable populations, some communities offer exemptions to regulations, such as public notice requirements, for projects designed to be confidential locations —for example, shelters and housing for survivors of domestic violence. N 0 x a w U) L a� _ 0 E 0 _ 0 a 0 a STEP STATE OF THE PRACTICE - JULY 2024 Packet Pg. 184 9.4.b Permitting STEP The local permitting process for STEP can vary depending on the jurisdiction and their permitting procedures. The approval process for a land use permit depends on whether the permit is classified as Type I, 11, III, or other permit. While the number of permit types and their terminology may vary by jurisdiction,33 in general, the more complex the project, the greater level of public notice and review is needed.sa, ss For example, simple building permits are administratively approved under a Type I permit, while permitting for projects requiring a higher level of review such as conditional use permits commonly fall under Type III and higher. Project permit decisions can involve different decision makers and different levels of public input. Project permits approved by local planning staff without public hearings are considered administratively approved. More complex projects may involve review by a hearings examiner, public hearings and may include discretion in permitting decisions. These permit types are called quasi-judicial because additional procedures are factored into the permitting decision. Generally speaking, quasi-judicial permitting proceedings provide for public notice, public testimony and decisions based on adopted criteria. Conditional use permits and variances heard and decided by a hearings examiner are common examples of quasi-judicial permits. Table 3 provides examples of processes for STEP based on the state of the practice review. Table 3 - Examples of Local Permit Processes Approval Process Administrative Type I projects commonly only require administrative approval without public notice. Some jurisdictions require only administrative approval for Description STEP in certain areas (i.e., they do not require approval at the level of hearing examiner or planning commission), which removes barriers to STEP production. Public Hearing No Administrative Discretionary In some jurisdictions, Type II projects can be approved administratively with public notice and extra land use regulations, while in others, they may require approval by a hearing examiner. Hearing examiners often approve conditional use permits, which require a higher level of approval than administrative. Some jurisdictions require a pre - application review and meeting for Type II projects and higher to help expedite the permitting process. No, unless on appeal Quasi -Judicial Type III projects often require public notice and a public hearing before a hearing examiner, or in rare cases the planning commission or city council, who makes the final decision. For example, in mixed -use and commercial districts, some jurisdictions require a public comment period and final approval from a hearing examiner for STEP projects, which can create barriers to increasing STEP. Yes 33 For more examples of local permit procedures, read MRSC's Streamlining Local Permit Review Procedures (2024). 34 For resources on local planning, project review, and permitting, read the relevant sections of the Department of Commerce's A Short Course On Local Planning Resource Guide Version 5.3 (2017). 31 The Local Project Review Act (RCW 36.70B) codified into state law a series of best practices for the local land use permit process to better enable citizens and developers to know what to expect and to provide for more timely and efficient permit issuance. N 3 0 2 IL w U) L 0 w m _ L O E •L a� 0 _ 0 a 0 Q STEP STATE OF THE PRACTICE - JULY 2024 29 Packet Pg. 185 9.4.b Type I decisions may be Type II decisions are generally Type III decisions are generally Appeal appealable depending on local appealed to court under the Land project processes. appealable to a hearings examiner. Use Petition Act (LUPA). Some jurisdictions in Washington state still require a conditional -use permit for all STEP regardless of their S location, which is usually not consistent with state law for permanent supportive housing and transitional o' housing (RCW 36.130.020). As conditional use projects, these must meet certain criteria and go through a a LU special approval process that can delay the project's timeline and increase the likelihood that the city council or the decision -making entity will not approve the project due to public opposition. � 0 w One jurisdiction modified its land use regulations, broadening zoning codes to include permanent supportive housing in its definition of multifamily dwellings. This change means that permanent supportive housing is now automatically allowed without additional conditions, consistent with RCW 36.130.020. 0 Some jurisdictions require a conditional -use permit for emergency housing and emergency shelter. This permit type has stricter requirements to ensure the project can be compatible with the neighborhood. During the c project's application stage, administrative staff conduct a thorough review of the project to ensure compliance o with all local requirements. Once the project is confirmed to be in compliance, a public hearing is held with a c hearing examiner who will issue the final decision. Based on feedback and questions from local jurisdictions to 0 the Department of Commerce, many communities are looking for solutions to reduce barriers for the siting and a development of STEP. Based on a review of local examples, Commerce recommends local governments consider the following ways to reduce barriers to permitting STEP when developing their regulations: • Allow permanent supportive housing and transitional housing to be permitted with the same process as housing development generally (RCW 36.130.020). • Use the lowest level permitting type for STEP possible. • To support classifying STEP as a permitted use outright with an administrative review, a jurisdiction can adopt clear conditions and criteria for review to aid judgment in making decisions. • Ensure when a conditional use process is required for STEP, the requirements to address compatibility and possible impacts are detailed clearly in code to allow a clear and objective permitting process. Permitted STEP Projects in Washington STEP projects of varying types and building forms are located throughout the state: An example of a permitted emergency shelter built in Washington is The HUB on Third (opened in 2017) in Walla Walla. This facility is adjacent to a local public high school and provides services for homeless and at -risk youth, including a six -bed emergency shelter, a medical clinic and day care for parenting youth. The project is co -located with a permanent supportive housing development. Several public STEP STATE OF THE PRACTICE - JULY 2024 30 Packet Pg. 186 funding sources made The HUB possible, including the Washington State Housing Trust Fund, State Building Communities Fund and the City of Walla Walla's Community Development Block Grant funds." • An example of transitional housing in Washington is Tulalip Village of Hope (opened in 2022) on the Tulalip Reservation.37 This community has 17 tiny homes for Tulalip individuals and families, each with one to two bedrooms and full kitchens and bathrooms. A common building onsite has a shared computer lab, conference room, therapeutic room and community space. Residents have access to counseling and social work support, case management and programming focusing on topics such as personal finance and self- improvement.38 The site was formerly the Tulalip Homeless Shelter, but it was expanded to provide transitional housing when it became apparent that no affordable housing was available for people to move into. • An example of permanent supportive housing is Plymouth on First Hill (opened in 2017), a multi -story apartment building in Seattle with 80 furnished studio apartments.39 This building is strategically located near medical institutions and The HUB on Third in Walla Walla (co -located emergency shelter, health care and childcare services). Source: Blue Mountain Action Council Plymouth on First Hill in Seattle (permanent supportive housing), Source: Plymouth Housing provides medical and behavioral health care to residents on site. Residents also have access to community rooms and a computer lab, which is available for job searching. Another shelter example includes The Catalyst in Spokane (formerly a Quality Inn), which is operated by Catholic Charities of Eastern Washington and partially funded by the Washington State Department of Commerce Rights of Way Initiative / Encampment Resolution Program. The Catalyst (opened in 2022) provides 87 rooms and various services for people experiencing homelessness, such as meals, laundry, transportation, substance misuse programs, healthcare access and local benefit connections.40 36 GS Consulting. The HUB on Third, Walla Walla (Sept. 2017). https://gsaffordablehousing.com/past-projects/f/the-hub-on-third-walla- walla 37 Washington State Department of Commerce. The Tulalip Tribe Village of Hope: 17 tiny homes become permanent supportive housing. 2023. https://wastatecommerce.medium.com/the-tulalip-tribe-village-of-hope-17-tiny-homes-become-permanent-supportive- hous i ng-e4dcc62072d7 38 Tulalip Tribes. Village of Hope — Transitional Housing and Permanent Supportive Housing. www.tulaliptribes- nsn.gov/Dept/VillageOfHopee 39 Plymouth Housing. What's it like inside a Plymouth building?. https://pllymouthhousing.org/our-housing/tour-a-Plymouth-building/ 40 Catholic Charities Eastern Washington. www.cceasternwa.org/catalyst STEP STATE OF THE PRACTICE - JULY 2024 Packet Pg. 187 9.4.b An example of permitted emergency housing is the SafePlace shelter in Olympia. This shelter allows adults and children fleeing from domestic violence to stay temporarily and receive social services. It has 10 bedrooms with 28 beds. People staying there have access to food and a kitchen, a telephone, computers and laundry. They also receive advocacy and crisis intervention services, support group meetings, child advocacy and safety planning support. Staff are always onsite.41 Barriers to STEP Development Local regulations and processes can have a significant impact on STEP production. These policies can either reduce red tape and bureaucracy or create obstacles for development, so it can be helpful for local governments to understand potential challenges to help address them effectively. A number of barriers exist for developing STEP and affordable housing in general, including but not limited to O Rising costs of land, labor, materials and insurance O High permit fees, impact fees and utility connection fees O Slow or limited capacity at local jurisdictions to process, permit and approve a proposed development O Lack of clear and accessible information on the permitting process O Limited developer and workforce capacity O NIMBY (Not -In -My -Backyard) attitudes O Neighborhood covenants and restrictions O Limited subsidized funding sources O Requirements to fund new infrastructure Some local regulations and requirements may also create barriers for STEP development, including, but not limited to: O Unclear development regulations and regulations inconsistent with state and federal laws (e.g., Fair Housing Laws) O Requirements for STEP that are different from those for general housing development O Conditional use permits, design review requirements and discretionary review processes O Spacing requirements (e.g., minimum distances from parks, schools or other facilities) O Limiting maximum densities or floor area ratios O Excessive off-street parking requirements, building height limits and ground -floor retail requirements O Facility, operating and reporting requirements O Requirements for coordination with local police and fire departments O Arbitrary limits on occupants or operation times O Restrictions on support spaces, such as office space, within a permanent supportive housing building in a residential zone O Requiring many additional plans, agreements or conditions (e.g., good neighbor agreements, background checks, or sobriety) Jurisdictions that want to implement regulations in line with state and federal laws and encourage STEP production can avoid adding unnecessary regulations and requirements. Instead, they can adopt the best 41 SafePlace. Residential Services SafePlace Shelter. https://www.safeplaceolympia.orci/a-safe-place-to-stay.html STEP STATE OF THE PRACTICE - JULY 2024 Packet Pg. 188 9.4.b practices emerging from other Washington jurisdictions and communities across the country when developing their local ordinances. Promising Practices Communities in Washington state and across the country have implemented measures to remove barriers to STEP and encourage STEP production. The following are promising practices from some of those jurisdictions including allowing STEP outright as a permitted use in certain areas, reducing regulations and requirements for STEP, expediting permitting processes for STEP, incentivizing STEP and encouraging STEP near existing infrastructure and services. O Allow STEP developments outright as a permitted use in designated zones to streamline permitting. In some areas of Washington state, STEP is still listed as a conditional use, so projects have additional regulations that typically involve a local government review process, and may also include a public input process that may delay permitting projects. The purpose of this process is to more carefully assess the development's potential impacts on traffic, noise, safety and community character before granting approval. To increase STEP production, communities can allow these projects in certain zones without this additional process. For instance, in California, the County of Los Angeles Homelessness Initiative encourages local jurisdictions to designate at least one area where emergency shelters are allowed as a permitted use outright, also referred to as allowed by-right.42 O Reduce and clarify requirements to streamline permitting and decrease barriers for STEP development. Many initial STEP local ordinances and regulations are not consistent with state law by including occupancy, spacing and intensity of use requirements for STEP that are not explicitly linked to public health and safety in their ordinance. Additionally, many communities impose potentially burdensome development, operating, facility, reporting, service and other requirements for STEP that differ from those for other similar residential dwelling types. When developing local ordinances and regulations, jurisdictions can limit additional requirements for STEP to speed up permitting, limit discretionary approval processes, reduce work for local government staff, support developers and help increase affordable housing and STEP production. O Expedite permitting processes for STEP projects, thereby providing quicker, more predictable timelines that help prevent cost increases caused by project delays. For example, Seattle has implemented an expedited permitting process to encourage STEP production. Permanent supportive housing projects are now exempt from design reviews, which can help speed up their construction timelines and address issues of homelessness and housing insecurity more quickly. Another example includes the City of Port Townsend and Jefferson County, which worked closely together to expedite the permitting for a specific project that incorporates safe parking, a tiny house village and permanent supportive housing on the same piece of county -owned property. Expedited permitting processes require sufficient staff, so jurisdictions interested in this strategy can start by assessing whether they need to hire additional employees to expedite reviews more efficiently. O Provide land use and financial incentives to encourage more STEP production. Affordable housing and STEP developments face numerous challenges before they can reach the construction phase, and a lack of project financing is often one of the most significant barriers. To help STEP projects overcome this challenge, jurisdictions can play an important role by providing support through grants or loans, density bonuses, reduced or waived fees, regulatory exemptions, free or discounted land, and more. A few cities with incentives for affordable housing and STEP include Anacortes, Bellevue, Bothell, Burien, Marysville, 42 The Los Angeles County Homeless Initiative. Do's and Don'ts for Emergency Shelter Zoning. https://homeless.lacounty_gov/w - content/uploads/2017/1 1/SB-2-Dos-and-Donts.pdf N 0 x IL w U) L w m _ L O E 0 _ 0 a 0 V a STEP STATE OF THE PRACTICE - JULY 2024 33 Packet Pg. 189 9.4.b Redmond, Sammamish and Seattle. King County established the Health Through Housing Initiative, w 1c uses its affordable housing sales tax funds to collaborate with local cities to build up to 1,600 emergency housing and permanent supportive housing units for people experiencing or at risk of chronic homelessness.as,aa O Encourage STEP development in locations close to healthcare services, transportation, job and other amenities to promote economic mobility and access to services. To meet the growing demand for housing and other community needs, local affordable housing and STEP providers and developers agree that jurisdictions can support the development of successful STEP by being intentional about the location of STEP. Many communities throughout Washington state and the country encourage affordable housing and STEP development in areas where existing infrastructure and services exist to promote sustainability; inclusivity; accessible services, transportation and employment opportunities; and the overall wellbeing of residents. Therefore, STEP housing is best suited for urban growth areas and cities, but may be appropriate in select Limited Areas of More Intense Rural Development (LAMIRDs) if enough support services, transportation and infrastructure services are available. O Partner with local service providers to create STEP regulations that are responsive to their needs. Affordable housing developers and service providers understand what is involved with developing STEP and how STEP operates. These stakeholders can help a local jurisdiction identify places in code where the regulations may cause barriers to STEP development and identify ways to reduce or remove those barriers. Communities can use these emerging best practices to encourage affordable housing production, meet local housing needs and support STEP developers, clients and staff. Implementing these practices can benefit some of Washington's most vulnerable populations, increase housing stability, promote community integration and contribute to larger initiatives to tackle homelessness and housing insecurity in the state. The Department of Commerce also highly encourages communities to adopt the state's model ordinance and other recommendations in the STEP Model Ordinance, Users Guide and Best Practices Report to increase STEP development in the state of Washington. To further support jurisdictions in the adoption and implementation of their ordinances related to STEP, Commerce is developing the STEP Communications Toolkit, including a sample staff report and other materials to help local planning staff, appointed and elected officials and others communicate the benefits, challenges and best practices associated with planning for STEP. These tools will be coordinated and consistent with the Department of Commerce Housing Division's Apple Health and Homes Permanent Supportive Housing Communications Toolkit. 43 King County. Health through Housing A Regional Approach to Address Chronic Homelessness. https://kinacounty_aov/en/legacy/depts/community-human-services/initiatives/health-through- housing#:—:text=The%20Health%2OThrouah%2OHousinci%20%28HTH%29%201nitiative%20is%20an.people%20experiencinci%20or%20a t%20risk%20of%20chronic%20 homelessness. 44 HB 1590, laws of 2019, authorizes county or city legislative authorities to impose a local sales and use tax for housing and related services and eliminates the requirement that the tax be subject to the approval of a majority of county or city voters. For other local funding affordable housing funding tools, see Appendix B, Exhibit B5 (pages 120-121) of Guidance for Updating Your Housing Element. N 0 x IL w U) m _ L O E •L a� w 0 _ 0 W a 0 a STEP STATE OF THE PRACTICE - JULY 2024 34 Packet Pg. 190 9.4.b Appendices Other Potentially Relevant Laws and Definitions It is important to note that not all definitions in this section are in the Growth Management Act (GMA), so they are not necessarily applicable or binding for the purposes of GMA planning, but are included because they provide some additional context on the terms when they are not defined in the GMA. For example, the definition of homelessness or homeless comes from the Criminal Sentencing Reform Act of 1981. Adult family home is a dwelling, licensed by the State of Washington Department of Social and Health Services, in which a person or persons provide personal care, special care, room and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services. An existing adult family home may provide services to up to eight adults upon approval from the Department of Social and Health Services. Licensure requirements are covered under RCW 70.128.066 and in accordance with Section 903 of the Washington State Fire Code, which states that an adult family home with a capacity of seven or eight that serves residents who require assistance during an evacuation must install an automatic sprinkler system. Assisted living facility means any home or other institution, however named, which is advertised, announced or maintained for the express or implied purpose of providing housing, basic services, and assuming general responsibility for the safety and well-being of the residents, and may also provide domiciliary care, to seven or more residents after July 1, 2000. However, an assisted living facility that is licensed for three to six residents prior to or on July 1, 2000, may maintain its assisted living facility license as long as it is continually licensed as an assisted living facility. "Assisted living facility" shall not include any independent senior housing, independent living units in continuing care retirement communities, or other similar living situations including those subsidized by the department of housing and urban development. RCW 18.20.020 Crisis residential center is defined as an agency which is a temporary protective residential facility operated to perform the duties specified in chapter 13.32A RCW, in the manner provided in RCW 43.185C.295 through 43.185C.310. Experiencing homelessness is defined as lacking a fixed, regular and adequate nighttime residence, including circumstances such as sharing the housing of other persons due to loss of housing, economic hardship, fleeing domestic violence, or a similar reason as described in the federal McKinney-Vento homeless assistance act (Title 42 U.S.C., chapter 119, subchapter 1) as it existed on January 1, 2021. RCW 13.34.030(9) Group home means a residence that is licensed as either an assisted living facility or an adult family home by the Department of Social and Health Services under chapter 388-78A or 388-76 WAC. Group homes provide community residential instruction, supports and services to two or more clients who are unrelated to the provider. Group training home means a certified nonprofit residential facility that provides full-time care, treatment, training and maintenance for clients, as defined under RCW 71 A.22.020(2). Homelessness or Homeless is defined as a condition where an individual lacks a fixed, regular and adequate nighttime residence and who has a primary nighttime residence that is: A supervised, publicly or privately operated shelter designed to provide temporary living accommodations; a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings; or a private residence where N 0 x IL w U) w a� _ L 0 E �L a� 0 _ 0 a 0 a STEP STATE OF THE PRACTICE - JULY 2024 35 Packet Pg. 191 9.4.b the individual stays as a transient invite (RCW 9.94A.030(30)). This definition is not from the Growth Management Act but comes from the Sentencing Reform Act of 1981. Homeless person is defined as an individual living outside or in a building not meant for human habitation or in which they have no legal right to occupy, in an emergency shelter or in a temporary housing program that may include a transitional and supportive housing program if habitation time limits exist. This definition includes substance abusers, people with mental illness and sex offenders who are homeless (RCW 43.185C.010(12)). This definition is not from the Growth Management Act but is found in the homeless housing and assistance statutes. Residential treatment facility means an establishment in which twenty-four hour on -site care is provided for the evaluation, stabilization or treatment of residents for substance use, mental health, co-occurring disorders or for drug exposed infants. RCW 71.12.455(7) Supported living means instruction, supports and services provided by service providers to clients living in homes that are owned, rented or leased by the client or their legal representative. WAC 388-101-3000(49) RCW 9A.44.190 and RCW 9A.44.193 (re: sex offenders near children) state an owner, manager or operator may order a covered offender from the legal premises of a covered entity, defined as a public or private facility whose primary purpose is to provide for the education, care or recreation of a child or children, including but not limited to community and recreational centers, playgrounds, schools, swimming pools and state or municipal parks. To do this, the owner, manager or operator must provide the offender a written notice that informs them to leave the legal premises and not return without the written permission of the covered entity. Licensing Requirements for Transient Accommodations and Crisis Shelters Chapter 246-360 WAC outlines health and safety standards for transient accommodations in Washington state, covering establishments providing three or more lodging units for stays shorter than thirty days. This includes crisis shelters, though not all emergency shelters may fit the specific crisis shelter definition. Crisis shelters are required to obtain a valid license from the DOH, with renewal required annually. Licensing processes involve submitting applications, self -inspection reports and passing an on -site survey. Licensees must adhere to regulations outlined in Chapter 70.62 RCW and other relevant state and local laws, displaying their license prominently. Responsibilities include conducting self -inspections, responding to deficiencies issued by the DOH and ensuring premises maintenance. DOH regulates facility functions in transient accommodations to meet basic health and safety standards and enforces compliance when needed. Specific standards are outlined for amenities such as water supply, sewage disposal construction, heating and bedding. Compliance ensures adequate services for residents. RCW 43.185C.295 also outlines specific licensing and operating requirements for residential crisis shelters that specifically serve juveniles and youth facing homelessness or family instability. Related Case Law A number of related cases exist regarding the siting, development and operation of STEP. The following is a living list of cases that will be updated over time. 1a N 3 O 2 a w U) 0 m _ L 0 E 0 _ 0 a 0 a STEP STATE OF THE PRACTICE - JULY 2024 36 Packet Pg. 192 9.4.b Olmstead v. L.C. In 1999, the U.S. Supreme Court made a decision in the Olmstead v. L.C. case, which requires states to offer community services to individuals with mental disabilities so that they can live in community settings rather than in institutions. This decision creates greater opportunities for people with disabilities to choose where they want to live and helps address racial equity, as Black, Indigenous and People of Color (BIPOC) are disproportionately represented in institutional care. STEP is one way to support people with disabilities in living and becoming integrated into the community.45 Homeward Bound in Puyallup v. City of Puyallup In 2018, the City of Puyallup adopted an ordinance related to the siting of day use centers and overnight shelters serving people experiencing homelessness. The ordinance only permitted these uses in the city's limited manufacturing district, subject to certain restrictions such as obtaining a conditional use permit. However, in 2019, the Growth Management Hearings Board found this law to be incompatible with the city's comprehensive plan policies. Consequently, Puyallup revised its ordinance, allowing these facilities to be established in commercial areas as well as limited manufacturing zones, which the Hearing Board found to be in compliance. Despite these changes, the city's amendments have continued to be challenged, with some claiming that Puyallup is violating the Growth Management Act and not doing enough to plan for and accommodate STEP, like in Homeward Bound in Puyallup v. Central Puget Sound Growth Management Hearings Board and the City of Puyallup. Martin v. City of Boise In 2019, the U.S. Supreme Court denied the City of Boise's petition regarding its Camping and Disorderly Conduct Ordinances, which upheld the law that people experiencing homelessness in the 9th Circuit (covering nine states) cannot be punished for sleeping outside on public property if adequate alternatives are not provided. The ruling in Martin v. Boise encouraged local governments to plan for alternatives to homelessness. However, on June 28, 2024, in the case of Grant Pass v. Johnson, the U.S. Supreme Court overturned the Martin v. Boise ruling. Johnson v. City of Grants Pass In 2022, the U.S. Court of Appeals for the 9th Circuit, in the Johnson v. City of Grants Pass case, upheld a ban on criminalizing people sleeping outside on public property. As in Martin v. Boise, the court determined that without adequate alternatives, people experiencing homelessness can sleep in tents, vehicles or use other forms of shelter without being subjected to civil or criminal prosecution or fines.46 However, on June 28, 2024, in the case of Grant Pass v. Johnson, the U.S. Supreme Court decided that jurisdictions could criminalize camping and sleeping in public, overturning the Grant Pass case's previous decision.47 Catholic Community Services of Western Washington vs. City of Federal Way Community Development Department 41 Corporation Supportive Housing. Supportive Housing and Olmstead: State of the Conversation. February 2024. www.csh.org/w- content/uploads/2024/03/CSH-Supportive-Housing-and-Olmstead-2024.pdf 46 National Low Income Housing Coalition. Court Declares Civil and Criminal Punishments for Homelessness Are Cruel and Unusual. 2022. https://nlihc.org/resource/court-declares-civil-and-criminal-punishments-homelessness-are-cruel-and-unusual 47 For information on combating the criminalization of homelessness, see the Washington Low Income Housing Alliance's toolkit. a� N 0 a w U) w m _ L 0 E •L a� 0 _ 0 CL 0 a STEP STATE OF THE PRACTICE - JULY 2024 37 Packet Pg. 193 9.4.b In 2023, the City of Federal Way denied an application from Catholic Community Services for the change OT use of a motel to an emergency shelter. The city denied the application because it violated FWRC 19.220.105, which includes spacing requirements for emergency housing and shelters.48 Catholic Community Services filed an appeal challenging the city's method of measuring the distance between the shelters, as well as the validity of FWRC 19.220.105. The appeal also asserted that FWRC 19.220.105 does not comply with the Growth Management Act (GMA) or the Religious Land Use and Institutionalized Persons Act (RLUIPA). The hearing examiner dismissed the appeal because the examiner had no jurisdiction "to address the validity of City ordinances."49 Additionally, because FWRC 19.220.105 was not appealed to the Growth Management Hearings board within 60 days of publication, the hearing examiner had no jurisdiction to decide on the code's 3 compliance with the GMA.so x° a Catholic Community Services also filed a land use petition in the Superior Court of Washington for King County regarding the city's use of spacing requirements to limit the siting of a sufficient number of emergency c shelters and emergency housings' The superior court dismissed the case without trial, affirming the hearing examiner's earlier decision. c c L O E L d Wr O r- O yr Q O Q 48 FWRC 19.220.105. Emergency Housing and Shelter. httos://www.codeDublishina.com/WA/FederalWav/htmI/FederalWavl 9/FederalWav19220.html#19.220.105 49 Administrative Appeal, Permit No. 22-105684-UP. July 31, 2023. HEX 23-004 Summary Judgment Order - Catholic Community Services (Dismissed)pdf (cityoffederalway.com) 50RCW 36.70A.290(21. 51 Case 23-2-15583-1 SEA. Catholic Community Services of Western Washington vs. City of Federal Way Community Development Department. STEP STATE OF THE PRACTICE - JULY 2024 Packet Pg. 194 .y MODEL ORDINANCE AND o COMMUNICATIONS TOOLKIT = FOR STEP a w a v3.5 Packet Pg. 195 9.4.c Acknowledgments Washington State Department of Commerce Laura Hodgson, Housing Planning and Data Manager, Growth Management Services Unit (GMS), Local Government Division (LGD) Anne Fritzel, AICP, Housing Section Manager, GMS, LGD Kirsten Jewell, Housing Policy Manager, Housing Division (HD) Melodie Pazolt, Managing Director, Apple Health and Homes Permanent Supportive Housing Unit, HD Kathy Kinard, Managing Director, Homelessness Assistance Unit, HD Abt Global Lindsey Elam, AICP, Senior Analyst Jill Khadduri, PhD, Principal Associate Katie Kitchin, Director, State and Local Housing and Asset Building Candace Baker, Associate Nam Ha, Associate Analyst Georgia Rawhouser-Mylet, Associate Analyst Frances Walker, Research Assistant The Corporation for Supportive Housing Theresa Tanoury, MSW, Seattle -based Senior Program Manager Lori Gutierrez, MSW, Senior Program Manager Debbie Thiele, Western Region Managing Director Sharon Rapport, California State Policy Director Angela Brooks, FAICP, Illinois Program Director 1011 Plum St. SE P.O. Box 42525 Olympia, WA 98504-2525 www.commerce.wa.gov For people with disabilities, this report is available on request in other formats. To submit a request, please call 360-725-4000 (TTY 360-586-0772). STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 Advisory Committee: Alliance for Housing Affordability at Housing Authority of Snohomish County Association of Washington Cities (AWC) City of Bellingham City of Port Townsend City of Spokane City of Vancouver City of Wenatchee Dee Caputo, FAICP, Washington State Department of Commerce, Growth Management Services (Retired) Downtown Emergency Services Center (DESC) Futurewise GS Consulting King County, Health through Housing Mercy Housing Northwest Washington State Association of Counties (WSAC) Local jurisdictions and organizations that participated in the interviews that informed this report: City of Federal Way City of Kenmore City of Kent City of Langley City of Olympia City of Spokane City of Vancouver City of Wenatchee GS Consulting King County Lewis County Plymouth Affordable Housing Development Snohomish County Washington State Department of Health E Packet Pg. 196 9.4.c Table of Contents Chapter1: Introduction........................................................................................................................................................................................4 Background...............................................................................................................................................................................................................................5 EmergingBest Practices..........................................................................................................................................................................................................6 Chapter 2• Background 7 0 2021 Updates to the Growth Management Act......................................................................................................................................................................7 a RelevantState and Federal Laws............................................................................................................................................................................................8 a0 Stateof the Practice in Washinaton......................................................................................................................................................................................10 Chapter3: Planning for STEP 101......................................................................................................................................................................13 STEP Definitions ..................................... STEP Financing and Development Process ................ Supporting STEP Projects and Operations .................. 13 15 17 Chapter4: Comprehensive Planning for STEP....................................................................................................................................................18 Chapter5: Permitting STEP...............................................................................................................................................................................19 Chapter6: Model Ordinance...............................................................................................................................................................................22 Chapter7: Accommodating Enough STEP..........................................................................................................................................................31 Demonstrating Sufficient Land Capacity 31 ReducingDevelopment Barriers............................................................................................................................................................................................32 Addressing Potential Community Concerns........................................................................................................................................................................35 Chapter8: Adoption and Implementation...........................................................................................................................................................39 Appendix...........................................................................................................................................................................................................40 Methodology...........................................................................................................................................................................................................................40 STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 3 Packet Pg. 197 9.4.c Chapter 1: Introduction The Washington State Department of Commerce created the STEP User Guide and Best Practices Report to assist planning staff, elected and appointed officials, and other representatives of Washington's jurisdictions as they develop local ordinances and regulations pertaining to the siting and development of Emergency shelter, Transitional housing, Emergency housing and Permanent supportive housing (STEP) Definitions for these types of housing and shelter are in the Growth Management Act and other statutes. Emergency shelter means a facility that provides a temporary' shelter for individuals or families who are currently homeless. Emergency shelter may not require occupants to enter into a lease or an occupancy agreement. Emergency shelter facilities may include day and warming centers that do not provide overnight accommodations. RCW 36.70A.030(15) Transitional housing means a project that provides housing and supportive services to homeless persons or families for up to two years' and that has as its purpose facilitating the movement of homeless persons and families into independent living. RCW 84.36.043(3)(c) Emergency housing is temporary indoor accommodations for individuals or families who are homeless or at imminent risk of becoming homeless and is intended to address basic health, food, clothing, and personal hygiene needs of individuals or families. Emergency housing may or may not require occupants to enter into a lease or an occupancy agreement.3 RCW 36.70A.030(14) • Permanent supportive housing is subsidized, leased housing with no limit on length of stay that prioritizes people who need comprehensive support services to retain tenancy. It utilizes admissions practices designed to use lower barriers to The HUB on Third in Walla Walla (co -located emergency shelter, health care and childcare services), Source: Blue Mountain Action Council (BMAC) The PAD House in Whatcom County (emergency housing), Source: Northwest Youth Services Gonzaga Family Haven in Spokane (permanent supportive housing), Source: Catholic Charities of Eastern Washington 1 For STEP, temporary applies to the person and how long they reside there, not the structure or length of time for the land use. However, when planning for STEP, it is best for communities not to limit lengths of stay because it could be inconsistent with a project's funding requirements. 2 Although transitional housing is designed to move people into permanent housing in less than two years, some transitional housing programs do not limit the stay to two years. 3 Any STEP project that requires a lease or occupancy agreement is subject to all of the rights and responsibilities defined in chapter 59.18 RCW (Landlord Tenant Law). E Q 0 c 0 a 0 n3 Q STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 4 Packet Pg. 198 9.4.c entry than typical for other subsidized or unsubsidized rental housing, especially related to rental history, criminal history, and personal behaviors. Permanent supportive housing is paired with on -site or off -site voluntary services designed to support a person living with a complex and disabling behavioral health or physical health condition who was experiencing homelessness or was at imminent risk of homelessness prior to moving into housing to retain their housing and be a successful tenant in a housing arrangement, improve the resident's health status, and E connect the resident of the housing with community -based health care, treatment, or employment services. RCW 36.70A.030(31) Background o _ Washington experienced a significant 19.9% increase in homelessness from 2007 to 2023 a one of the main reasons for this is the state's lack of c affordable housing, resulting in housing prices rising faster than the lowest incomes.5 e To address this crisis, state and local governments must c encourage a variety of shelter and housing options, including STEP, to meet the unique needs of individuals, families, unaccompanied youth, a seniors, veterans, people with disabilities and other subpopulations who are at the greatest risk of losing their housing in these market conditions. a) Fully planning local governments are required to identify sufficient land capacity for future housing needs of all economic segments and must address barriers such as zoning and other rules that affect housing production (RCW 36.70A.070(2)). Cities are also required to allow STEP housing in certain zones (RCW 35.21.683 and RCW 35A.21.430). This report provides an overview of information local governments may need to plan for their local STEP housing needs, including: • Emerging best practices for planning for STEP, • Relevant state and federal laws for regulating STEP, • Information on STEP housing types, development processes, planning steps, and permitting processes for STEP, • A model ordinance for jurisdictions to use in developing their local STEP regulations, • Guidance for local governments as they develop their regulations for STEP, and • Strategies local governments can employ to encourage STEP development. Commerce contracted with Abt Global and the Corporation for Supportive Housing to create this report that localities can use throughout Washington. To ensure the effectiveness of these efforts, an advisory committee consisting of local government representatives, developers and non-profit organizations provided guidance and feedback. The development of the report's contents also considered public input and emerging best practices from communities in Washington and other parts of the country. 4 de Sousa, et al. The Annual Homeless Assessment (AHAR) Report. 2023. U.S. Department of Housing and Urban Development. www.huduser.gov/portal/datasets/ahar.html 5 TVW. Governor's Results Washington Initiative. Homelessness and Housing Crisis, March 2024. https://tvw.org/video/governors-results-washington-initiative- 2024031242/?eventlD=2024031242 6 Washington State Department of Commerce. Homelessness in Washington. March 2024. httos://aoo.lea.wa.aov/ReDortsToTheLeaislature/Home/GetPDF?fileName=CommerceReDorts2023 HID _Homelessness _in_Washinaton 24def55e-7087-43fc-adOc- 7894a56106ab.pdf STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 5 Packet Pg. 199 9.4.c Emerging Best Practices Communities can use the following strategies to accommodate local housing needs, prevent perpetuating discriminatory practices that make it difficult to site and develop STEP, encourage affordable housing production, and support STEP developers, residents and staff. Additionally, these strategies can benefit some of Washington's most vulnerable populations, increase housing stability, promote community integration and E •L contribute to larger initiatives to tackle homelessness and housing insecurity in the state. c • Allow STEP developments outright as a permitted use in designated zones c 0 a • Encourage STEP development in locations close to healthcare services, transportation, jobs and other amenities to promote economic mobility -00 and access to services a • Reduce and clarify requirements to streamline permitting steps and reduce barriers for STEP development • Provide land use and financial incentives to encourage more STEP production • Expedite permitting processes for STEP projects, thereby providing quicker, more predictable timelines that help prevent cost increases caused by project delays • Encourage developers to have pre -development application meetings with local planning staff to ensure they are aware of all the local regulations and processes that apply to a project • Understand the development process and funding requirements for STEP • Partner with local service providers to create STEP regulations that are responsive to their needs and remove barriers to STEP development • Facilitate communication between developers, providers and community members • Use consistent definitions for STEP • Partner with neighboring jurisdictions to create consistent regulations for STEP STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 6 Packet Pg. 200 9.4.c Chapter 2: Background The Growth Management Act (GMA) requires cities and counties to develop comprehensive plans and development regulations for their communities. This chapter provides an overview of recent changes to the GMA for STEP, relevant state and federal laws for STEP, and the state of the practice for regulating STEP in Washington as of 2024. 2021 Updates to the Growth Management Act In 2021, Washington state passed House Bill 1220 (HB 1220), which amended the Growth Management Act (GMA) and municipal code requirements (RCW 36.70A.070(2). and RCW 35A.21.430 and RCW 35.21.683, respectively).' The law requires fully planning local governments$ to plan for and accommodate housing affordable to all income levels, which includes demonstrating sufficient land capacity for housing at all income levels to meet A tAin 0 2024 DW Dec«nber 31- M 2025 Due December 31» 2026Due Juno 3o" M 2027 Dua June 30 * Started counties ate perbnity planning ur4w the Growth Manapen»nt Act future housing needs, including permanent supportive housing and emergency housing.' Local governments must also identify local barriers to production of affordable housing and take actions to remove those barriers. They must complete these plans and associated updates to zoning and development regulations based on the periodic update schedule identified by the state legislature (see above right). In addition, municipal code changes in 2021 required changes to specific zoning and development regulations in cities for four different housing types: emergency shelter, transitional housing, emergency housing and permanent supportive housing (STEP). These updates were required by September 2021.10 However, some cities were unable to address the requirement to permit STEP by the required deadline and others were waiting for their comprehensive plan periodic update to complete the work. Some lacked the necessary resources to implement the state laws, some were ' For more information on the Growth Management Act and other relevant state and federal laws pertaining to STEP, see the STEP State of the Practice Report. 8 Fully planning communities are all those jurisdictions in dark blue, light blue and green on the GMS Regional Variations map. 9 Emergency shelters are grouped with emergency housing needs in Commerce's projected housing needs and land capacity guidance. 10 Defer to local jurisdictions' ordinances to determine if your community has updated its regulations for STEP. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 Packet Pg. 201 E 9.4.c waiting for Commerce to project housing needs for each county, and some implemented policies that created additional barriers to increasing in Washington. In addition to the requirements about where STEP must be allowed in cities, state law was updated to state that any local restrictions on spacing, occupancy and intensity of use for these developments must be linked specifically to public health and safety reasons (e.g., reference emergency response times, building code, etc.) in their ordinance's findings section. 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 city's projected need for such housing and shelter under RCW 36.70A.070(2)(a)(ii). Additional state laws and guidance for occupancy, spacing and intensity are as follows. Occupancy: Cities and counties may not regulate or limit the number of unrelated persons who may occupy a dwelling unit except as provided for in state law for short-term rentals or by occupant load per square foot, RCW 35.21.682, RCW 35A.21.314 and RCW 36.01.227. Spacing: Spacing can refer to the distance between similar uses or the proximity to services (e.g., transportation). Any spacing requirements should not exceed the spacing required by RCWs 9.94A.030, 9.94A.703 and 9.94A.8445, which create community protection zones of 880 feet to prevent sex offenders from living near schools. Intensity: With respect to STEP, intensity can refer to the density of people, transportation, and/or services needed by the participants who live in a single location or facility. Relevant State and Federal Laws In addition to the Growth Management Act, other state and federal laws apply to STEP; Table 1 provides law summaries and links. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 E g Packet Pg. 202 9.4.c Table 1 - STEP Types and Applicable Laws ,,.MIA 'i The Growth Management Act and RCWs 35A.21 and 35.21 require fully planning local governments to plan for and accommodate Y Y Y Y housing affordable to all income levels. _ RCW 35.21.683 and RCW 35A.21.430 requires cities to not prohibit indoor emergency shelters and indoor emergency housing in Y Y Y 0 Y C zones where hotels are allowed. Cities must allow permanent supportive and transitional housing in zones where residential o dwelling units or hotels are allowed. These regulations may limit occupancy, spacing and intensity of use requirements to protect a public health and safety so long as such limits allow the siting of a sufficient number of units/beds to accommodate each city's O projected housing needs. Q Y RCW 35.21.689 and RCW 35A.21.305 require cities to allow permanent supportive housing in areas where multifamily housing is permitted. RCW 36.130.020 prohibits any local government from having requirements on an affordable housing development that are different Y* Y* Y from those imposed on housing developments generally. Y Y N Y RCW 35.21.682. RCW 35A.21.314 and RCW 36.01.227 prohibit any local government from having requirements related to unrelated Y persons that may occupy a unit. Y* Y* _ Y L) RCW 36.70A.545 requires fully planning cities and counties to allow increased density bonuses for any affordable housing on real property owned or controlled by a religious organization. c RCW 35.21.915, RCW 35A.21.360. and RCW 36.01.290 prohibit any local government from regulatory limits on encampments, safe Y Y parking, overnight shelters, and temporary small houses on property owned or controlled by a religious organization. 0 RCW 36.70A.540 gives authority to local governments to offer incentives in exchange for providing development for low-income Y* Y* Y 13 housing units. o RCW 36.70A.070(2)(c) requires fully planning local governments to document how they have sufficient land use capacity for all Y** Y Y future housing needs by income level. y RCW 36.70A.210(3)(e) requires fully planning counties to have countywide planning policies that consider the need for housing for Y Y Y Y = all economic segments and the parameters for its distribution. a LU RCW 9.94A.030(6) regulates where level two and three sex offenders may not live. Y Y Y Y to RCW 36.70A.390 states public hearing requirements for moratoria and interim zoning control are not applicable to regulations that Y Y Y Y ' prohibit building permit applications for transitional housing or permanent supportive housing in any zones in which residential dwellings or hotels are allowed or prohibit indoor emergency shelters and indoor emergency housing in any zones in which hotels = are allowed. d E Washington Law Against Discrimination prohibits requirements imposed on STEP that violate civil rights protections. Y Y Y Y CU r Washinaton State Residential -Landlord Tenant Act includes laws landlords must follow. Y* Y* Y Q Washington State Environmental Policy Act requires all branches of government in the state to examine their laws' environmental Y Y Y Y m impacts. At the local level, this requires an assessment of comprehensive plans, development regulations, and project permits E unless specifically exempted by the act. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 9 Packet Pg. 203 Americans with Disabilities Act prohibits discrimination against individuals with disabilities and provides enforceable standards to address discrimination. Fair Housing Act prohibits "neutral" policy that has a disproportionately adverse effect on a protected class. Religious Land Use and Institutionalized Persons Act prevents the implementation of land use regulations that impose a substantial I Y I Y I Y burden on the religious exercise of a person. *Only applicable when the housing has a rental agreement, occupancy agreement or lease. A "rental agreement," "occupancy agreement" or "lease" establishes or modifies the terms, conditions, rules, regulations and other provisions concerning the use and occupancy of a dwelling unit. **Emergency shelters are grouped with emergency housing needs in Commerce's projected housing needs. State of the Practice in Washington Commerce spoke with a number of communities to learn how they developed and regulated STEP. This section reflects these findings. In Washington, many communities use local land use policies to influence the development of STEP. It is appropriate for local governments to apply land use and development regulations to these housing types, as with all other developments, by law. While some recently adopted STEP regulations are consistent with state and federal laws and encourage the production of STEP to meet their local housing needs, some existing local regulations and processes conflict with state and federal laws. In general, local regulations in Washington state could align better with state requirements, provide more flexibility and greater opportunities for establishing STEP, and remove barriers to this affordable housing need." The following are examples of observed regulatory and process barriers for STEP development in the state of Washington: Permit processes: Generally, local authorities permit STEP development in areas that already have access to services such as transit, which is a best practice. However, some jurisdictions still require a conditional use permit for all STEP, which is inconsistent with state laws for permanent supportive housing and STEP housing with leases (RCW 36.130.020), but also creates a barrier to siting any STEP project. Under this permitting process, these projects must meet certain criteria and go through a special approval process that can delay the project's timeline and increase the likelihood that a hearing examiner or the city council will not approve the project following public opposition. These additional conditions and delays result in significant costs to the project sponsors and public funders and may discourage a STEP developer from pursuing projects in their jurisdiction. • Occupancy, spacing and intensity requirements: Local regulations for STEP often include rules related to occupancy, spacing, intensity or density, parking, environmental standards and other development and operational requirements that could create barriers for STEP production >> All fully planning local governments are directed by RCW 36.70A.070(2)(d) to "make adequate provisions for existing and projected needs of all economic segments of the community," E R STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 Packet Pg. 204 9.4.c Typical restrictions on the occupancy, spacing and intensity of use of STEP in local jurisdictions include limits on the number of clients a pro�ec can serve, the number of staff and the distance between STEP projects. Most jurisdictions also do not have special provisions regarding density bonuses for STEP sponsored by religious organizations (RCW 36.70A.545). Some communities have distance restrictions that prohibit the construction of emergency shelters or emergency housing within one-half mile of another existing or proposed shelter or emergency housing E projects. Variations of this requirement are common in Washington's jurisdictions. In most cases, jurisdictions have not shown in their ordinances' findings how their spacing, occupancy and intensity of use regulations are o linked to public health and safety (e.g., referencing local building and fire code), therefore they are not in compliance with state laws that require o this demonstration and possibly in violation of federal fair housing laws. Their spacing requirements are also not consistent with the c Department of Commerce's recommendations that any spacing requirements should not exceed the spacing already required by RCWs a 9.94A.0301 9.94A.703 and 9.94A.8445, which create community protection zones of 880 feet to prevent sex offenders from living near schools. ib Jurisdictions with spacing and intensity requirements have also not identified how they will have sufficient capacity for their future housing needs at each income level in their 20-year comprehensive plans and development regulations, which is inconsistent with state law requiring this demonstration if communities adopt these types of regulations.12 A combination of density and spacing requirements for STEP can easily result in a community not having enough sites available with the capacity to meet local housing need allocations, impacting the jurisdiction's ability to make adequate provision for this type of housing and adhere to state law. Furthermore, RCW 36.70A.070(2)(d)(ii) states that jurisdictions must assess barriers, such as development regulations, gaps in local funding and other limitations, as part of documenting programs and actions needed to achieve housing availability in their comprehensive plans. Barrier assessment should consider factors that may negatively affect production for each type of housing allowed in the jurisdiction.13 Parking minimums: STEP projects are commonly required to meet similar parking minimums as other housing, mixed -use or other development types. Because STEP residents or clients may be less likely to own a car, especially in urban environments near transit, these requirements may limit or create barriers for STEP development. In some Washington communities, the planning director and/or city engineer determines STEP projects' parking requirements or approves a parking study for required parking; this process may support flexibility and reduce barriers for STEP projects.14 Other communities have parking minimums specific to STEP (e.g., one parking space for every two employees and every four beds). 12 RCW 35.21.683 and RCW 35A.21.430 note these restrictions shall 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. Additionally, fully planning cities and counties are required with their periodic update to show sufficient land capacity for housing needs at all income levels. (RCW 36.70A.070(2)(c)) 13 Strategies that jurisdictions can consider implementing to help STEP overcome development barriers are discussed staring on page 32. 14 Planning director and/or city engineer approval may also create ambiguity if there are not clear standards or examples that developers can reference. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 11 Packet Pg. 205 9.4.c Operations plans: Many communities also require STEP or certain STEP types, such as emergency shelters or emergency housing, to submi operations plans or agreements before they can be permitted. The required information for operations plans varies by jurisdiction. However, common documentation requirements include: • Contact information for key staff and their roles and responsibilities E •L • A facility management plan, including security policies and an emergency management plan • Site and facility maintenance policies 4- Occupancy policies c • A staffing plan c • A community engagement plan a • Documentation of record -keeping processes as • A description of transportation either provided or accessible to residents 2 3 These requirements can create barriers to STEP production and are inconsistent with state law generally when required of permanent supportive housing, as well as transitional and emergency housing with leases, unless they are required of other housing generally because the state considers these affordable housing (RCW 36.130.020). To encourage STEP, local developers said jurisdictions can be more flexible regarding their specific requirements, such as reducing or waiving parking minimums when projects anticipate a high ratio of tenants who use public transportation or have alternate modes of transportation and do not need onsite parking. Jurisdictions can also help by only requesting STEP projects provide operations plans when there is sufficient local government capacity and expertise to review the plans and only asking for necessary information that can be important for local government to have on file (e.g., emergency contact number and a safety plan). If a local government requires any of these additional plans or information, Commerce recommends that local governments require only basic information and that they provide examples of the plans for local developers to reference and understand what is required. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 12 Packet Pg. 206 9.4.c Chapter 3: Planning for STEP 101 Jurisdictions should use Washington state's definitions for STEP to ensure consistency across the state and encourage STEP development by making definitions and policies more straightforward for developers. When planning for STEP, it is also helpful to consider the various processes E involved in planning, siting, funding, permitting, building, licensing and operating STEP projects. c STEP Definitions C Washington state uses specific terms and definitions for STEP that are used throughout this report; see Chapter 1: Introduction. For the purposes of a the state's model ordinance and this report, STEP refers to developments that meet the Washington State Residential Building Code based on the -°a 2021 International Residential Code, which includes rules for a permanent foundation, safe plumbing and electrical practices, insulation, weather a tightness, energy efficiency and safety (smoke alarms and egress). With regard to emergency housing and emergency shelter, RCW 35.21.683 and RCW 35A.21.430 state that jurisdictions must not prohibit indoor emergency shelters and indoor emergency housing in all zones in which hotels are allowed. "Indoor," as used in the definition of indoor emergency housing (RCW 36.70A.030), and "indoor" with respect to indoor emergency housing and indoor emergency shelter in RCW 35.21.683 and RCW 35A.21.430, is interpreted in this report and the state's model ordinance as a subset of all of the possible building forms in which shelter can be provided. Indoor implies buildings that are affixed to the ground and have indoor plumbing, and therefore would exclude forms on wheels (e.g., recreational vehicles) or that lack internal sanitation and/or cooking facilities, such as tiny shelters or pallet shelters.15 Non-standard types: Local jurisdictions have observed many organizations proposing non -building code compliant structures or structures that may not have indoor plumbing, such as temporary pallet shelters, tent encampments and safe parking areas. This sometimes presents challenges for jurisdictions because their local codes may limit these types of structures. An additional challenge observed is that there are no adopted statewide standards for safe human habitation of these structures, but building codes for some temporary emergency shelters should be available by July 2026.16 Tiny homes and park model homes" may also face barriers because their size and dimensions may not conform to standard building codes, or local governments may limit where these homes are allowed as primary dwellings. Non-standard STEP types cannot be counted towards a jurisdiction's local housing need allocations, because they are more like sanctioned encampments than emergency shelters. The U.S. Department of Housing and Urban Development (HUD) and the Washington State Department of Commerce's Homeless Assistance Unit currently do not fund these projects as "emergency shelters." Furthermore, depending on the shelter and 15 Therefore, cities are not required to allow non -building code compliant structures as STEP, but the Department of Commerce encourages local governments to allow non-standard types of STEP as an alternative to sleeping outside to provide safer places for people experiencing homelessness. 16 The Washington Legislature adopted Senate Bill 5553 in 2023, which directs the state building code council to adopt standards for temporary emergency shelters and make them available for local adoption. Adopting these state building code standards may assist local governments with their building code questions for unique shelter accommodations. 17 Park model homes are recreational vehicles intended for permanent or semi -permanent installation. They are used as a primary residence (RCW 59.20.030). STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 13 Packet Pg. 207 9.4.c services offered, occupants may still be considered "unsheltered" under federal definitions. For example, HUD considers someone living in their car as experiencing unsheltered homelessness.'$ However, the Department of Commerce encourages local governments to allow non-standard types of STEP as an alternative to sleeping outside to provide safer places for people experiencing homelessness. These non-standard housing types could include, for example, safe parking and other non-standard projects that offer occupants sanitation services, connections to community services and support in finding permanent housing.19 Local governments may consider making land available for non-traditional projects, taking into consideration other potential uses of public land.20 While there are currently no state or federal standards for non-standard shelter types, some existing federal, state and local laws apply to this issue, for example: • In 2019, the U.S. Supreme Court denied the City of Boise's petition regarding its Camping and Disorderly Conduct Ordinances, which upheld the law that people experiencing homelessness cannot be punished for sleeping outside on public property if adequate alternatives are not provided. The ruling in Martin v. Boise encouraged local governments to plan for alternatives to homelessness. However, on June 28, 2024, in the case of Grant Pass v. Johnson, the U.S. Supreme Court decided that jurisdictions could criminalize camping and sleeping in public, overturning the Grant Pass case's previous decision and the Martin v. Boise ruling.21 • RCW 36.70A.540 states that local governments may use their development regulations and other means to expand opportunities for low- income housing units, including tiny home communities. • Some local jurisdictions have implemented regulations for these non-standard housing types. Thurston County recently finalized its interim homeless encampment facility regulations, and the City of Bellingham has regulated temporary shelters, including encampments, safe parking areas and tiny house shelters, since 2018. The City of Port Townsend created new regulations to support STEP, including wooden tent villages. Before adopting these code changes, Community Build, a nonprofit, built "wooden tents" (one -room structures serving as effective shelters that do not meet the legal definition of a dwelling unit) in Port Townsend. Permitting these tent encampments kept people sheltered and safer than the alternatives (e.g., sleeping outside). Port Townsend staff reported fewer conflicts than expected between wooden tent encampments and neighboring uses. However, the project did face several challenges. It needed to be approved through a temporary conditional use process, 18 HUD defines unsheltered homelessness as an individual or family with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport or camping ground. For more information, see Unsheltered Homelessness on the HUD Exchanoe. 19 Currently, there are no state or federal guidelines in place for the use of safe parking areas as permitted emergency shelter options. This absence leaves jurisdictions to determine their own policies for integrating safe parking into STEP planning. At least ten jurisdictions in Washington have established safe parking programs; for more information, see the National Vehicle Residency Collective's National Parking Program List. 20 The Portland State University's Homelessness Research & Action Collaborative for the Joint Office of Homeless Services found that tiny home villages only cost less to develop when land is free, compared to more traditional forms of STEP (motels and congregate shelter). It also found that operating costs for villages vary because of their staffing needs. Operating expenses for tiny home villages are higher than congregate shelters. However, this study found that alternative shelter types, like these villages, are more successful in transitioning people out of homelessness and meeting their needs than congregate shelters. The most appropriate shelter type for a community varies and can be based on a number of factors (e.g., client needs and preferences, land suitability, properties available for acquisition, and a project's lifespan). 21 For information on combating the criminalization of homelessness, see the Washington Low Income Housing Alliance's toolkit. E a� c 0 c 0 a 0 a STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 14 Packet Pg. 208 9.4.c which required the project's managing agencies to extend the permit or move to a new location every six months. The city reported this was costly and inefficient. Housing vs. facilities: Some residential types are sometimes confused with STEP, particularly permanent supportive housing. Residents residing in permanent supportive housing are subject to all the rights and responsibilities defined in chapter 59.18 RCW, also known as the Washington State Residential Landlord -Tenant Act. A person residing in permanent supportive housing has full rights of tenancy through a lease with their landlord, but this is not the case in licensed residential facilities, such as licensed adult family homes, group living homes for persons with intellectual or developmental disabilities, or assisted living facilities for seniors where residents must pay towards the cost of their care." Disaster Relief / Recovery Shelter: While STEP may be used in the event of a disaster (e.g., floods, wildfires, landslides, and earthquakes) to meet immediate needs, disaster relief and recovery shelters established by FEMA, local governments or others in response to a disaster (before or after) is not considered STEP. Disaster relief/recovery shelters have different funding sources, managers, and operators and can trigger different regulations and local processes. Local governments can consult their emergency preparedness plans and FEMA's Planning Considerations: Disaster Housing for more information on disaster shelter and housing planning. STEP Financing and Development Process STEP projects often face significant financial barriers and have complicated funding sources, each with its own requirements. When considering development regulations, jurisdictions should take these funding sources and their requirements into consideration and try to avoid creating potentially duplicative or overly burdensome standards that may overlap with the other requirements projects need to meet to obtain funding and be viable.23 Some common funding sources for STEP include: • Washington State's Apple Health and Homes Initiative, Housing Trust Fund and Consolidated Homeless Grant • Support from county and local governments, financial institutions and philanthropic organizations (e.g., tax -increment financing, grants, loans, reduced impact fees and system development charge waivers, free or reduced price land, cash and materials donations) • Low -Income Housing Tax Credits, Historic Tax Credits and New Markets Tax Credits • The U.S. Department of Housing and Urban Development (e.g., Home Investment Partnership Program and Community Development Block Grants) and Rental income, Housing Choice Vouchers and Medicaid (for leased units)24, 25 22 For more information on STEP and other housing types, seethe Department of Commerce's STEP Housing Definitions Factsheet. 21 Small cities and counties who need assistance with STEP planning or regulations can reach out to the Department of Commerce or their Regional Planner as a resource. 24 The Urban Institute, in partnership with the National Housing Conference, developed an interactive tool that helps illustrate how affordable housing developments "pencil out" and discusses how these types of projects typically need some form of government support. 21 For more information on funding sources, see the Department of Commerce's STEP State of the Practice Report and STEP Operations Guide. E a� c 0 c 0 a 0 a STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 15 Packet Pg. 209 STEP project sponsor or another partner identifies STEP project partners create a detailed development plan STEP project partners make any necessary revisions to community needs (e.g., reviewing existing community plans, studies and date and engaging (e.g., architectural drawings, engineering plans, and other the development plan after it is reviewed by local relevant documentation) and apply for a building permit. government departments, such as building, zoning and the local Continuum of Care lead agency and fire safety, to ensure compliance with all relevant public housing authority) and develops a design concept to help address those needs. regulations to receive permit approval. STEP project sponsor or another partner Identifies additional key partners (e.g., architect, attorney, development consultant, funders, tax credit syndicator if using Low Income Housing Tax Credits, general contractor and management company) and begins securing financial com mit mec" tw Maie" COO'MWAion STEP project partners identify an appropriate Location (e.g., where the project complies with zoning code, development regulations and funding requirements) and obtain site control. A project's funding can drive its site selection; for example, some funders' scoring criteria look at neighborhood demographics, amenities, transit options and other location characteristics. STEP project partners secure funding commitments. Developing and operating STEP projects requires some form of financial assistance from the public sector, financial institutions, private investors or non-profit organizations. Often, a combination of these funding sources is needed, each with its own unique requirements. STEP project partners conduct a site assessment, financial feasibility analysis and other predevelopment activities, like community engagement. In some jurisdictions, neighborhood responses to affordable housing can drive local siting and permitting decisions. Some developers may need to conduct early public outreach and engagement to foster community support for their project. •■I F!N STEP project obtains a certificate of occupancy and opens for operation. In Washington state, most STEP accomodations do not have licensing and operating requirements under state law. However, once STEP opens, operation involves numerous activities, such as developing operating procedures and policies, ordering furniture and supplies, hiring and training staff, marketing services, planning for move -ins, property management, service delivery and responding to fundersllenders reporting requirements. 9.4.c Supporting STEP Projects and Operations Consistent with state funding guidelines for a variety of funding sources,26 Commerce recommends that local governments support low -barrier projects consistent with the "Housing First" model. Low -barrier projects require minimal eligibility requirements and documentation.21 Households experiencing homelessness are not screened out based on the following criteria: having little or no income, poor credit or financial history, poor or lack of rental history, involvement with the criminal justice system, active or history of substance use, disability -related services support, lacking ID or proof of US residency or behaviors perceived as indicating a lack of "housing readiness," including resistance to receiving services. Low -barrier projects have realistic and clear expectations. Rules and policies are narrowly focused on maintaining a safe environment and avoiding exiting people back into homelessness. Low -barrier projects do not have work or service requirements. If the project requires households to pay a share of rent, they allow reasonable flexibility in payment. Emergency shelters may not require occupants to enter into a lease or an occupancy agreement. Households in low -barrier programs are not terminated because they will not participate in supportive service programs. In addition, alcohol and/or substance use in and of itself is not considered a reason for termination. If a household is terminated from a low -barrier project due to violating rules focused on maintaining a safe environment, there must be a process in place for the household to be considered for re -enrollment if the household demonstrates unsafe behavior is unlikely to re -occur (i.e., engaged in new treatment plan, mental health services, medical care, etc.). Housing First is a philosophy and approach to housing and services that is often associated with permanent supportive housing, but it is applicable to all STEP types. Housing First revolves around several core tenets including entry that is not conditioned on sobriety, previous service participation, credit or evictions; housing is provided as quickly as possible; and the participant has a choice in housing selection within the bounds of available options. Housing First provides voluntary, tenant -driven supportive services to residents to help them comply with lease terms and to address behaviors that impact housing stability.28 Housing First is a trauma -informed practice that recognizes that an individual's life events or circumstances that they experience as physically or emotionally harmful have lasting adverse effects on that individual, mentally, physically, socially or emotionally.29 The design and operations of STEP projects should be trauma -informed, which includes an emphasis on safety in the physical environment, promoting self -efficacy and control over one's belongings and daily activities, and ongoing education of staff on trauma -related behaviors and trauma -informed practices. 26 For example, according to Guidelines for the Consolidated Homeless Grant (CHG). Updated March 2024, "By July 1, 2025, no less than 80% of a county's CHG funded projects (programs and facilities) must be low barrier." 27 The description of low -barrier projects in this paragraph come from Commerce's Guidelines for the Consolidated Homeless Grant (CHG). Updated March 2024, pages 9 and 10 28 This "Introduction to Housing First" contains more of the basics of the "Housing First" principles. Additional resources on Housing First can be found on Commerce's Housing Division Grantee Training webpaae under "Housing First." 29 Substance Abuse and Mental Health Services Administration. SAMHSA's Concept of Trauma and Guidance for a Trauma -Informed Approach. U.S. Department of Health and Human Services. 2014. https://store.samhsa.gov/sites/default/files/smal4-4884.pdf. E L a� c 0 c a0 0 a STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 17 Packet Pg. 211 9.4.c Chapter 4: Comprehensive Planning for STEP Homelessness and housing affordability is a challenge that affects an entire county and requires solutions that often go beyond the resources of one city or town government. Therefore, many planning and implementation efforts start or take place at the county level in Washington.10 E •L Revisions to RCW 36.70A.070(2) in 2021 updated requirements for how jurisdictions should plan for housing in their comprehensive plans. To c implement the new law, the Department of Commerce provides projections of housing needs for each county, including emergency housing and o permanent supportive housing .31 Each county must decide how to allocate these projections among its local jurisdictions. Each jurisdiction must o then document its share of countywide housing needs by income level and plan for and accommodate that share of housing needs in its o comprehensive plan.32 a Each county that is fully planning under the Growth Management Act must have countywide planning policies and processes for allocating their countywide housing needs to local jurisdictions (RCW 36.70A.210(3)(e)).33 Many communities are still in the process of allocating countywide projections of need to local governments. Countywide collaboration in this process is vital to ensure a coordinated approach to planning for housing for all income levels. As counties decide where overall population and housing should be directed, most communities use data on employment locations, transportation accessibility, service availability, infrastructure and land capacity to determine the appropriate percentage of housing growth to plan for in each area. Local governments then use this information and the Department of Commerce's Housing for All Planning Tool to determine a distribution of housing needs by income level to each jurisdiction or to inform a local -designed method of allocating housing needs. Counties may use their countywide planning policies about where overall growth should be directed within the county to assist with this work or local data such as information about where existing support services are located or likely to locate, where existing affordable housing and STEP housing are located, and other local factors to inform their decisions. 30 In addition to comprehensive planning for housing of all income levels under the Growth Management Act, Washington state law (RCW 43.185C.050) requires that each county local homeless housing task force develop and recommend to its local government legislative authority a five-year homeless housing plan for its jurisdictional area. Each county's 5- year plan can be found on Commerce's website. 31 Emergency shelters are grouped with emergency housing needs in Commerce's projected housing needs. 32 Resources for projected housing needs are in Book 1 of Commerce's Housing Element Guidance. Projecting housing needs by income level begins on page 34. Information on how to allocate the countywide housing needs from the countywide projections to individual jurisdictions begins on page 60. 33 RCW 36.70A.210(3): A countywide planning policy shall, at a minimum, address policies that consider the need for affordable housing, such as housing for all economic segments of the population and parameters for its distribution. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 Packet Pg. 212 9.4.c Chapter 5: Permitting STEP The local permitting process for STEP can vary depending on the jurisdiction and their permitting procedures. The approval process for a land use permit typically depends on whether the permit is classified as Type I, II, III or other permit. While the number of permit types and their terminology may vary by jurisdiction, in general, the more complex the project, the greater the level of public notice and review is needed. sa. ss, sb For example, simple building permits are administratively approved under a Type I permit, while permitting for projects requiring a higher level of review such as o conditional use permits, commonly fall under Type III and higher. c Project permit decisions can involve different decision makers and levels of public input. Projects permits approved by local planning staff without a -°a public hearings are considered administrative decisions. More complex projects may involve review by a hearings examiner, public hearings and a may include discretion in permitting decisions. These permit types are called quasi-judicial because additional procedures are factored into the permitting decision. Generally speaking, quasi-judicial permitting proceedings provide for public notice, public testimony and decisions based on adopted criteria. Conditional use permits and variances heard and decided by a hearings examiner are common examples of quasi-judicial permits. 4) Table 2 provides recommendations for permitting processes related to STEP, including information on whether the level of permitting might be considered a permitted or conditional use in land use tables. 34 For more examples of local permit procedures, read MRSC's Streamlining Local Permit Review Procedures (2024). 35 For resources on local planning, project review, and permitting, read the Department of Commerce's A Short Course On Local Planning Resource Guide Version 5.3 (2017). 36 The Local Project Review Act (RCW 36.70B) codified into state law a series of best practices for the local land use permit process to better enable citizens and developers to know what to expect and to provide for more timely and efficient permit issuance. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 19 Packet Pg. 213 9.4.c Table 2 - Example of Local Permit Processes by Project Types Approval Process Recommended review process for STEP Type Permitting Table Administrative Emergency shelter and emergency housing that meet local development standards in areas zoned for hotels Transitional housing and permanent supportive housing that meet local development standards in areas zoned for other housing types and hotels Outdoor encampments, safe parking, indoor overnight shelters, and temporary small houses on property owned or controlled by a religious organization Permitted Administrative Discretionary Emergency shelter, transitional housing, emergency housing and permanent supportive housing that require an exemption to local development regulations Affordable housing developments on property owned or controlled by a religious organization seeking an increased density bonus consistent with the community's housing needs allocation Permitted, sometimes with footnotes, OR Administrative Conditional Use (emergency housing and emergency shelter ONLY, not PSH or transitional housing)37 Quasi -Judicial Projects that do not meet the requirements for a Type 1 or Type II Permit. Conditional Use* * Commerce recommends allowing emergency housing and emergency shelter as permitted uses whenever possible, instead of conditional uses E L d 4- 0 c 0 a 0 Q The permit type for STEP facilities is mainly determined when a jurisdiction amends its zoning regulations and determines whether STEP facilities are a permitted use, administratively approved use or a conditional use in particular zoning districts. Jurisdictions should give particular attention tc the code development process and make concerted efforts to notice and involve the public so that the public has been engaged on decisions on where STEP facilities may be located and their applicable permit process. To reduce barriers to siting STEP facilities, Commerce recommends local governments adopt development regulations as follows: 37 PSH and transitional housing should not be an administrative conditional use unless other housing generally is permitted as an administrative conditional use (RCW 36.130.020) STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 20 Packet Pg. 214 9.4.c • Allow permanent supportive housing and transitional housing to be permitted using the same process as housing development genera y (RCW 36.130.020). • Use the lowest level permitting type for STEP (e.g. Type I permit process is preferred to Type III). • When a conditional use permit process is required for STEP, clearly specify the required standards STEP facilities must meet to address E compatibility and impacts. This will facilitate a STEP project's ability to meet the criteria for approving the permit. When permitting projects, it is important for jurisdictions to effectively communicate to the public when they do and do not have influence over the o permit decision -making process. For example, communities can consider including this information in the messaging for public notices. If a c jurisdiction plans to organize an informational meeting about a STEP project, jurisdictions should be careful with the wording of notices to explain a that these are informational community meetings to present the facts of a project and local feedback cannot affect the permitting decision. a STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 21 Packet Pg. 215 9.4.c Chapter 6: Model Ordinance The model ordinance presented here supports jurisdictions in developing ordinances that are consistent with state and federal laws, implement their comprehensive plan, help address their county's allocations of housing needs and encourage STEP. The model ordinance provides sample regulatory language. The primary components of the ordinance are: • Section 1 General: Ordinance number and title, recitals or whereas clauses, enactment clause and statement of purpose. • Section 11 Definitions: Definitions of the terms used in the ordinance. • Section III Substantive Provisions: More detailed guidance on zoning and development regulations and a zoning matrix. • Section IV Concluding Sections: Effective date, corrections/repeals, savings and severability clauses. Table 3 outlines each section and its sub -sections. Jurisdictions can use the relevant language, fill in information specific to their community in the red text, and edit the ordinance further to fit local needs if necessary. Table 3 also includes additional information for jurisdictions to consider as they develop their regulations, including legal considerations, instructions on how to tailor the language to fit a variety of contexts across the state, and a discussion of strategies that help reduce regulatory barriers for STEP. Table 3 - Model Ordinance and Additional Considerations and Options L General i. Ordinance Number and Title AN ORDINANCE REGULATING THE SITING AND DEVELOPMENT OF EMERGENCY SHELTERS, TRANSITIONAL HOUSING, EMERGENCY HOUSING AND PERMANENT SUPPORTIVE HOUSING. Nil AN ORDINANCE amending [chapter number amended] of the municipal code. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 Ordinance Number and Title: The model ordinance provides sample language that local jurisdictions can use to develop their own ordinances for regulating STEP. For general guidance on developing local ordinances, including the Ordinance Number and Title section, jurisdictions can read MRSC's Local Ordinances for Washington Cities and Counties (2015) In general, the model ordinance and its guidance are written with both counties and cities in mind. The model ordinance highlights areas in red where communities can customize the language. In most cases, guidance that applies to cities also applies to counties. E Packet Pg. 216 ii. Recitals or Whereas Clauses Whereas, A) The Washington Growth Management Act requires fully planning local governments to plan for and accommodate housing affordable to all income levels. All cities and counties planning under the Growth Management Act must update their comprehensive plans and development regulations according to the schedule in RCW 36.70A.130. B) RCW 35.21.683 and RCW 35A.21.430 require that cities shall not prohibit transitional housing or permanent supportive housing in any zones in which residential dwelling units or hotels are allowed. Cities also shall not prohibit indoor emergency shelters and indoor emergency housing in any zones in which hotels are allowed, except in such cities that have adopted an ordinance authorizing indoor emergency shelters and indoor emergency housing in a majority of zones within a one -mile proximity to transit. Reasonable occupancy, spacing, and intensity of use requirements may be imposed by ordinance on permanent supportive housing, transitional housing, indoor emergency housing and indoor emergency shelters to protect public health and safety. 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 city's projected need for such housing and shelter. These regulations were effective September 30, 2021. C) Cities must allow permanent supportive housing in areas where multifamily housing is permitted. (RCW 35.21.689, RCW 35A.21.305) D) All fully planning jurisdictions must document sufficient land capacity for emergency housing, emergency shelters, and permanent supportive housing. (RCW 36.70A.070(2)(c)) E) Public hearing requirements for moratoria and interim zoning control are not applicable to ordinances or development regulations adopted by a city that prohibit building permit applications for or the construction of transitional housing or permanent supportive housing in any zones in which residential dwelling units or hotels are allowed or prohibit building permit applications for or the construction of indoor emergency shelters and indoor emergency housing in any zones in which hotels are allowed. (RCW 36.70A.390) F) City and county regulations may not limit the number of unrelated persons that may occupy a household or dwelling unit except for lawful limits on occupant load per square foot or building code limits. (RCW 35.21.682, RCW 35A.21.314 and RCW 36.01.227) G) Any restrictions and requirements imposed on the siting and operations of emergency housing, emergency shelters, permanent supportive housing and transitional housing must not violate civil rights protections provided by the Washington Law Against Discrimination, the federal Fair Housing Act and the Americans with Disabilities Act. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 Recitals or Whereas Clauses: Local recitals or whereas clauses in Washington state often include relevant state requirements, facts justifying the ordinance, references to the comprehensive plan and information on the process of developing the ordinance and regulations. The model ordinance provides excerpts from relevant state and federal laws. Jurisdictions could also cite relevant local data on housing needs regarding STEP (e.g., housing needs allocations from their county or the county's overall housing needs allocations), or housing policies from their comprehensive plan. Jurisdictions could also include statements summarizing the process of developing and approving the regulations, such as what information was considered when the ordinance was drafted, what the planning commission recommendations were, whether there was a public hearing(s), and when Washington State Environmental Policy Act requirements were considered if applicable. 23 L 4- 0 c 0 a 0 Q Packet Pg. 217 H) A city or county is prohibited from imposing different requirements on affordable housing developments (e.g., permanent supportive housing, transitional housing or emergency housing with a lease) than those imposed on housing developments generally. However, exceptions are allowed for preferential treatment towards affordable housing developments aimed at specific groups such as individuals experiencing homelessness, farmworkers, persons with disabilities, seniors or low-income households. Preferential treatment may include fee reductions or waivers, adjustments to architectural or site development requirements, or other measures aimed at reducing development or operating costs. (RCW 36.130.020) 1) If a city, county or other local government entity is a funder of the project, the city can put regulations or restrictions on operators of affordable housing. J) Any city or county must allow an increased density bonus consistent with local needs for any affordable housing development of any single-family or multifamily residence located on real property owned or controlled by a religious organization. (RCW 36.70A.545) K) Regulatory limits on outdoor encampments, safe parking efforts, indoor overnight shelters, and temporary small houses on property owned or controlled by a religious organization must be consistent with RCW 35.21.915 and RCW 36.01.290. iii. Enactment Clause Therefore, the [approving entity, for example, City Council or Board of County Commissioners, and community name] does ordain as follows: iv. Statement of Purpose The purpose of this ordinance is to: A) Ensure compliance with the State of Washington's Growth Management Act and other laws. B) Support the implementation of [community name]'s comprehensive plan. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 Enactment Clause: The enactment cause includes who adopted the ordinance. Statement of Purpose: A statement of purpose typically discusses the ordinance's goals, such as ensuring compliance with state and federal laws and the comprehensive plan. Goals might incorporate specific excerpts from laws and the comprehensive plan that the ordinance addresses. Specific goals will vary by jurisdiction but might include a goal related to ensuring STEP tenants and clients have access to 24 d 0 c 0 a 0 Q Packet Pg. 218 C) Encourage the development of emergency housing, emergency shelters, permanent supportive housing and transitional housing consistent with best practices for these development types to help address local housing needs. D) Direct STEP development to areas with existing amenities, like jobs, services and transit, to ensure occupants have access to opportunities. E) Protect the health, safety and welfare of the individuals served by these development types and the broader community. ll. Definitions The following definitions shall be applied. Words in the singular number shall include the plural, and the plural shall include the singular. Statutory required definitions: 1) Emergency housing means temporary indoor accommodations for individuals or families who are homeless or at imminent risk of becoming homeless that is intended to address the basic health, food, clothing and personal hygiene needs of individuals or families. Emergency housing may or may not require occupants to enter into a lease or an occupancy agreement. (RCW 36.70A.030(14)) 2) Emergency shelter means a facility that provides a temporary shelter for individuals or families who are currently homeless. Emergency shelter may not require occupants to enter into a lease or an occupancy agreement. Emergency shelter facilities may include day and warming centers that do not provide overnight accommodations. (RCW 36.70A.030(15)) 3) Permanent supportive housing is subsidized, leased housing with no limit on length of stay that prioritizes people who need comprehensive support services to retain tenancy and utilizes admissions practices designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing, especially related to rental history, criminal history and personal behaviors. Permanent supportive housing is paired with on -site or off -site voluntary services designed to support a person living transportation, jobs and other services, and a goal related to supporting the broader community with the code. Definitions: Commerce intends for this model ordinance to support jurisdictions in following requirements established by the Growth Management Act and the state's definitions of STEP To ensure consistency across the state, jurisdictions should use Washington state's definitions included here under statutory required definitions; while the other definitions are optional.38 Jurisdictions may define housing and shelter types not defined by the state, so long as they are not inconsistent with state law. If there are questions, consult with your jurisdiction's attorney or with Commerce staff. For example, one county and city in Washington state made conscious efforts to align their language and processes to help reduce development barriers like unclear or inconsistent regulation language. Other jurisdictions worked with local housing providers to develop language for additional terms and definitions for temporary shelter and accommodations that the providers intended to develop. Jurisdictions should also avoid vagueness in their definitions and throughout their ordinance. 38 Cities and counties are not required to use the exact same terms as the state statutes. However, using different definitions than those in the state statutes may result in inconsistencies and noncompliance with the law. Therefore, Commerce recommends following the definitions included in the state statutes as this poses the least risk. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 L 0 c 0 a 0 a 25 Packet Pg. 219 with a complex and disabling behavioral health or physical health condition who was experiencing homelessness or was at imminent risk of homelessness prior to moving into housing to retain their housing and be a successful tenant in a housing arrangement, improve the resident's health status, and connect the resident of the housing with community -based health care, treatment or employment services. Permanent supportive housing is subject to all of the rights and responsibilities defined in chapter 59.18 RCW. (RCW 36.70A.030(31�) 4) Religious organization means the federally protected practice of a recognized religious assembly, school or institution that owns or controls real property. (RCW 36.01.290(6)(c)) 5) Tiny houses, including tiny houses on wheels, are defined as dwellings to be used as permanent housing with permanent provisions for living, sleeping, eating, cooking and sanitation built in accordance with the state building code. (RCW 35.21.686) 6) Transitional housing means a project that provides housing and supportive services to homeless persons or families and that has as its purpose facilitating the movement of homeless persons and families into independent living, generally in less than two years. (RCW 84.36.043(3)(c), updated by Commerce) Statutory optional definitions: 7) Affordable housing means, unless the context clearly indicates otherwise, residential housing whose monthly costs, including utilities other than telephone, do not exceed thirty percent of the monthly income of a household whose income is: For rental housing, 60 percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development; or For owner -occupied housing, 80 percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development. (RCW 36.70A.030(5)) STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 Religious organization: The definition provided in the model ordinance applies to counties and "hosting the homeless." It is likely that a local government may need to use a broader definition than just one that owns or controls property in other contexts. This definition is just for the purpose of RCW 36.01.290 and RCW 36.70A.545. It is not required to be used more broadly. Temporary: The definition included in the model ordinance applies to the person and how long they reside there, not the structure or length of time for the land use. Affordable housing development, with respect to RCW 36.130.020, means a housing development in which at least twenty-five percent of the dwelling units within the development are set aside for or are occupied by low-income households at a sales price or rent amount that is considered affordable by a federal, state or local government housing program. (RCW 36.130.010) Indoor emergency housing or transitional housing that is administered through a lease or occupancy agreement and permanent supportive housing are determined to be affordable housing under RCW 36.130.020. (Draft WAC Changes - 365-196-Part 4 - March 2024) Tiny shelters: Because communities are seeing non-standard types of STEP being purposed, some may consider adding a definition for tiny shelters. Tiny shelters are temporary shelters that do not have the amenities of a single dwelling unit and rely on shared facilities for dining, laundry and bathrooms. The structure may or may not be on a foundation. 26 E d c 0 c 0 a 0 Q Packet Pg. 220 III. Substantive Provisions Locations for STEP: Indoor emergency shelters and indoor emergency housing are permitted in any zone in which hotels are allowed [relevant code section numbers]. [OR] Indoor emergency shelters and indoor emergency housing are permitted in [XX, XX, and XX zones], representing more than 50% of zones within one -mile proximity to transit [relevant code section numbers]. Permanent supportive housing and transitional housing are permitted in any zones where residential dwelling units or hotels are allowed [relevant code section numbers]. Zoning Matrix: Jurisdictions can use the zoning matrix to update their land use tables. Emergency Shelter P* Transitional housing P Emergency housing P* Permanent P supportive housing P = Permitted *Unless an ordinance has been adopted authorizing indoor emergency shelters and indoor emergency housing in over 50 percent of zones within one mile of transit. Same treatment: Transitional housing and emergency housing with a lease and permanent supportive housing should be treated the same as other housing types in local regulations. RCW 36.130.020 states a city, county or other local governmental entity or agency may not adopt, impose or enforce requirements on an affordable housing development that are different from the requirements imposed on housing developments generally. Therefore, the substantive provisions section may be most applicable to emergency shelter and emergency housing regulations. Preferential treatment: However, this law does not prohibit local governments from extending preferential treatment to affordable housing developments, including, but not limited to a reduction or waiver of fees, changes in applicable requirements, or other treatment that reduces or is likely to reduce the development or operating costs of a development. If a local government provides preferential treatment to affordable housing developments of any kind, they must also provide the same benefits and conditions to permanent supportive housing and transitional housing and emergency housing with leases. If a jurisdiction provides a benefit for these development types, it may include requirements proportional to that benefit. For example, if a project receives a Multi -Family Tax Exemption, it will need to meet the requirements of that program.39 If a project receives a parking waiver, a jurisdiction may request the project submit a parking management plan. These requirements must apply to all projects that receive the benefit (not just a subset). By right zoning and conditional use processes: To support STEP projects, jurisdictions can clearly outline the permitting process in their ordinances, including what approvals are required, who makes the decision and what the decision criteria and expected timeline are. Conditional use processes and public hearings for STEP permit applications can create uncertainty for applicants and add extra time and costs to projects. Therefore, if an application meets all the requirements, it is recommended it be subject to administrative review without a public hearing to avoid misleading community members. An emerging best practice is to designate STEP as a permitted use outright in the zones highlighted in the zoning matrix on the left. To support classifying STEP as a permitted use outright with an administrative review, a jurisdiction can adopt clear criteria for review to aid judgment in making decisions. Recognizing that communities may still utilize conditional use processes to address community concerns in some zones, the Department of Commerce recommends jurisdictions limit STEP permit applications to administrative review whenever possible. Additionally, jurisdictions' ordinances and regulations should be consistent with and implement local comprehensive plans, which must document sufficient land use capacity for STEP. (RCW 36.70A.070(2)(c)) Occupancy, spacing and intensity of use requirements: Communities may only impose reasonable occupancy, spacing and intensity of use limits on STEP to protect public health and safety, and any such limits must allow the siting of a sufficient number of permanent supportive housing units and emergency housing beds necessary to accommodate se For more information, see the Department of Commerce's Multi -Family Housing Property Tax Exemption Program webpage. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 E d 4- 0 c 0 a 0 Q 27 Packet Pg. 221 Additional Regulations: Indoor emergency shelters, transitional housing, indoor emergency housing and permanent supportive housing must meet the same development and operating regulations as permitted residential dwellings, including adhering to building and fire codes and American Disability Act requirements [relevant code section numbers], to ensure consistency in health and safety for all residents. Minimum parking requirements are waived for all indoor emergency shelters, transitional housing, indoor emergency housing and permanent supportive housing [relevant code section numbers]. Exemptions: Exemptions to development regulations [relevant code section numbers], including but not limited to setback requirements, density limits, restrictions on support spaces inside buildings (e.g., office space for tenants) and public noticing requirements, for indoor emergency shelters, transitional housing, emergency housing and permanent supportive housing may be permitted with administrative approval by [approving administrative entity, e.g., the planning director or city engineer] to address [community name]'s housing needs allocation through shelter and housing forms that do not meet building codes or other requirements. These types may include, but are not limited to, pallet shelters and tiny shelters. Regardless of the form, the housing or shelter must be indoors and allow access to bathrooms and showers. Special Provision for Religious Organizations: Any affordable housing development [relevant code section numbers], including permanent supportive housing and transitional housing with a lease, of any single-family or multifamily residence located on real property owned or controlled by a religious organization is allowed an increased density bonus consistent with local housing needs allocation with administrative approval by [approving administrative entity, e.g., the planning director or city engineer]. projected needs. These requirements to protect public health and safety must be justified, for example, by including a reference to the local building and fire codes in the ordinance's findings section, to be consistent with state law and reduce litigation risk. E Reasonable for the purposes of RCW 35A.21.430 and RCW 35.21.683 and this report, includes only those requirements c imposed to protect public health and safety. Requirements that prevent the siting of a sufficient number of permanent supportive housing, transitional housing, indoor emergency housing or indoor emergency shelters are not reasonable. In addition, reasonable requirements must comply with any applicable civil rights protections provided by the c Washington Law Against Discrimination, the Fair Housing Act, and the American with Disabilities Act. Reasonable a requirements can vary with geographic size and population of the jurisdiction and the current siting of these housing C types. Any occupancy, spacing, and intensity of use requirements should be justified by reference to building code, fire Q code or other citations within an ordinance Occupancy: Commerce recommends occupancy for emergency shelters and emergency housing be established as required by the jurisdiction's adopted building, fire and safety codes for other similar uses. For example, if a jurisdiction does not have police and fire limitations for hotels, then it is not appropriate to require it of STEP types where residents stay for short periods. Also, RCW 35.21.682, RCW 35A.21.314 and RCW 36.01.227 state cities and counties may not regulate or limit the number of unrelated persons that may occupy a dwelling unit except as provided for in state law. Spacing: Any spacing requirements must be directly tied to public health and safety and documented in the ordinance's findings. Any spacing requirements should not exceed the spacing requirements in RCW 9.94A.030 and RCW 9.94A.7031 which create community protection zones of 880 feet to prevent sex offenders from living near schools. Intensity: With respect to STEP, intensity refers to the total number or density of people, transportation and/or services in a single location or facility. Commerce does not recommend any blanket intensity regulations for these use types. Standards adopted to encourage a scattered approach to the siting of these services to ensure they are not located in only one area of the jurisdiction should consider the accessibility of services for residents, be accompanied by documentation of sufficient land capacity and be consistent with state and local policies. Parking requirements: These requirements should be less extensive for STEP than typical housing, as most residents do not have vehicles. Parking should be considered for employees based on context (e.g., the development's proximity to transit). STEP near a transit stop would require very few off-street parking spaces. If parking is required in the municipal code, Commerce recommends that the jurisdiction accept parking studies from the applicant documenting the number of parking spaces that are needed by the land use. Jurisdictions should look at comparable STEP developments in similar contexts to determine projected parking needs. Required documentation and plans: These types of regulations are only acceptable for emergency shelter, emergency housing and transitional housing without leases under state law (RCW 36.130.020). Unless documentation and plans are required for other similar facilities and housing types (e.g., adult family homes, nursing homes, or multfiamily housing generally), Commerce discourages jurisdictions from adding these additional requirements for STEP and encourages them to defer to the project's funder and insurance requirements rather than asking for them in local code STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 28 Packet Pg. 222 Outdoor encampments, safe parking efforts, indoor overnight shelter and temporary small houses [relevant code section numbers] are permitted on property owned or controlled by a religious organization and must adhere to state regulations in RCW 35.21.915 and RCW 36.01.290. If jurisdictions require specific documentation, like operations, safety, training plans or something else, Commerce recommends that they provide a sample document to further support those applying to develop STEP. It should be clear to the applicant what is needed and who will review these documents. The reviewer should be someone with sufficient capacity and qualifications to understand the needs and challenges of STEP, and they should use objective approval criteria. Jurisdictions should also limit what they require in these plans to help streamline the permitting of STEP projects. For example, an operations agreement may provide the following: c a • One phone number for emergencies -aa • Operating funding information to inform local governments of existing requirements and support a project may Q have m • Services plan (i.e., a description of on -site services, identification of service providers, and staff -to -client ratios) 3 Requirements to receive services: Because STEP funders already have project requirements for requirements to receive services, Commerce recommends jurisdictions do not add additional requirements STEP participants need to comply with to receive services or to access a project (e.g., IDs, documentation, income verification, etc.). Exemptions/exclusions: Jurisdictions can review their existing regulations and any other STEP requirements to consider types of projects that might be suitable for an exemption. For example, some jurisdictions require public noticing requirements, but waive those for projects with confidential locations to prevent adverse effects on clients served by domestic violence shelters and housing. Special provision for religious organizations: Jurisdictions must allow an increased density bonus consistent with local housing needs for any affordable housing development on property owned or controlled by a religious organization. State law also limits jurisdictions' ability to regulate outdoor encampments, safe parking efforts, indoor overnight shelters and temporary tiny shelters on property owned or controlled by a religious organization. To be consistent with state law and allow more STEP to meet local housing needs, jurisdictions can ensure provisions are included for religious organizations and permitting processes are outlined in local ordinances. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 29 Packet Pg. 223 IV. Concluding Sections i. Effective Date [Insert code section number]. Effective date. This ordinance shall take effect [insert month, date, year]. ii. Repeals [Insert code section number]. Repealer. The following are hereby repealed: [Insert a list of any ordinances being corrected/repealed] ill. Savings Clause [Insert code section number]. Savings Clause. [insert ordinance number being repealed], which is repealed by this ordinance, shall remain in force and effect until the effective date of this ordinance. iv. Severability If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this ordinance. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 L 0 c 0 Concluding sections: These generic sections of the o model ordinance can be used if applicable. Otherwise, -0 they can be left out of a local ordinance. Q For general guidance on developing this section of local ordinances, jurisdictions can read MRSC's Local Ordinances for Washington Cities and Counties (2015). 30 Packet Pg. 224 9.4.c Chapter 7: Accommodating Enough STEP To accommodate enough STEP units to address local housing needs, jurisdictions must demonstrate they have sufficient land capacity and reduce E development barriers to STEP. It is also recommended jurisdictions resist addressing all community concerns and potential project impacts with their ordinances and regulations, and defer to funder requirements and clear communication processes with housing and service providers. _ 0 c Demonstrating Sufficient Land Capacity One of the first steps for jurisdictions to accommodate enough STEP after permitting the uses is to review if they have sufficient land zoned for a these development types, as required by state law. Local comprehensive plans must identify "sufficient land for housing, including, but not limited �- to, manufactured housing, multifamily housing, group homes, foster care facilities, emergency housing, emergency shelters, [and] permanent supportive housing," RCW 36.70A.070(2)(c). t� Therefore, all fully planning jurisdictions must do a land capacity analysis to show land capacity for permanent supportive housing and emergency housing/shelters, not just those jurisdictions that have occupancy, spacing and intensity of use requirements.40 The land capacity for emergency housing can overlap with the land capacity information for other housing types .41 This assessment is also an opportunity for communities to examine the gap between their housing needs and existing inventory and consider if land suitable for STEP is in areas with sufficient infrastructure and amenities, such as transit and other services. To determine whether jurisdictions have the land capacity for STEP, local governments can refer to Guidance for Updating your Housing Element Book 2 for specific steps, starting on page 41 for emergency housing and emergency shelters, grouped together in emergency housing steps, and starting on approximately page 31 for permanent supportive housing. Approaches to determine land capacity for siting STEP can vary, but, in general, include reviewing existing housing supply; reviewing vacant and redevelopable land in areas with access to infrastructure, transportation, jobs and other services; and identifying if based on both intensity of STEP likely to be developed and restrictions, such as spacing or occupancy requirements, there is sufficient capacity for STEP. Examples of land capacity analyses are also available on Commerce's EZView website. 40 This updated standard for when a land capacity analysis is required for emergency housing will be updated in Guidance for Updating your Housing Element (Housing Element Book 2) by August 2024. 41 For example, if a jurisdiction has 2.5 acres of vacant land in the zones that allow emergency housing and emergency shelter, they can use that area in the land capacity analysis for permanent housing needs and the land capacity analysis for emergency housing. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - DRAFT (MAY 2024) 31 Packet Pg. 225 9.4.c Jurisdictions can also engage their local Continuum of Care (CoC)42 to understand specific STEP demands, constraints and opportunities within their communities. These groups can share where they think STEP is more likely to be developed and at what densities.43 Jurisdictions must document their findings of sufficient land capacity for emergency housing, which includes emergency shelters, and permanent E supportive housing in their housing element, supported by more detailed analysis in supporting appendices. If jurisdictions have any occupancy, spacing or intensity of use requirements, they must demonstrate with a quantitative and spatial analysis that there is sufficient capacity for their = housing needs allocation. o r_ 0 Reducing Development Barriers o Many barriers exist for developing STEP and affordable housing in general, including but not limited to: a • Rising costs of land, labor, materials and insurance • High permit fees, impact fees and utility connection fees • Burdensome or unclear zoning and development regulations • Slow local permitting and approval processes • Lack of clear and accessible information on processes • Limited capacity at local jurisdictions to process applications quickly • Limited developer and workforce capacity • NIMBY (Not -In -My -Backyard) attitudes • Neighborhood covenants and restrictions • Limited subsidized funding sources • Requirements to fund new infrastructure While local jurisdictions do not set property prices, the number of construction hours needed to complete a development or the cost of building materials and insurance, they do control several aspects to development. Jurisdictions set permit costs, control internal approval processes that can add to development timelines, grant fee waivers, control publicly owned land and can provide public funding for affordable housing and STEP." 42 A CoC is a regional or local planning body that coordinates housing and services for people experiencing homelessness. It consists of representatives from service providers, local governments and other organizations, and it is responsible for planning and allocating resources to address homelessness. (National Alliance to End Homelessness. What is a Continuum of Care?. 2010. https://endhomelessness.ora/resource/what-is-a-continuum-of-care/) 43 Visit HUD's Grantee Contact Information or the Department of Commerce's Continuum of Care webpage to find the right CoC contact. Commerce is the Collaborative Applicant for the Washington Balance of State Continuum of Care, consisting of 34 small and medium-sized counties. 44 The Homelessness & Housing Toolkit for Cities, produced by the Association of Washington Cities and Municipal Research and Services Center (2022), provides resources and case studies on various strategies to help communities address homelessness and affordable housing issues. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 32 Packet Pg. 226 9.4.c One of the most important powers of local governing bodies that can be used to lower barriers for STEP production is their ability to control loca zoning and development rules. To encourage more STEP development, jurisdictions can consider including regulatory or permitting incentives for STEP, such as reduced or waived E parking minimums, impact fees, linkage fees45 and system development charges (i.e., tap fees). They can provide density bonuses, streamline and expedite permitting processes and help fund STEP (e.g., passing an affordable housing sales tax or property tax levy). They can also pay for site c improvements and utility connections and donate land for STEP projects." 0 r_ 0 Even more important than positive incentives is avoiding local requirements that hinder rather than promote STEP development. Table 4 provides a examples of local regulations and requirements that can create barriers for STEP development and recommendations for what to do instead. a Table 4 - Local Regulatory Barriers and Alternatives Unclear rules and requirements that are inconsistent with state and federal laws Regulations different from those for general housing development Spacing requirements (e.g., minimum distances from parks, schools or other facilities) Make it very clear where STEP uses are allowed and what process needs to be followed for permitting. Review the state's minimum requirements for STEP regulations to ensure they are incorporated into local ordinances. Jurisdictions are encouraged to use STEP definitions that are consistent with the state's definitions to make regulations more straightforward for STEP developers operating across the state. If specific requirements are adopted for STEP, avoid vagueness that may lead to arbitrary action or is too difficult for the average citizen to understand. Treat transitional housing and emergency housing with leases and permanent supportive housing the same as other affordable housing types, as required by law (RCW 36.130.020). Also, ensure any additional regulations for emergency shelter and emergency housing are limited to restrictions or requirements that are consistent with state and federal laws and have a legitimate purpose of protecting public health and safety. Do not include spacing requirements or minimum distances from public uses; instead, encourage STEP development in areas with access to these types of amenities, especially public transit when it is available Encouraging STEP development in locations near schools, healthcare services, transportation, job prospects and other amenities helps promote economic mobility and access to services. If jurisdictions 45 Impact fees and linkage fees are costs developers are required to pay to support shared infrastructure and services. Jurisdictions can reduce development costs for STEP and other affordable development projects by reducing or waiving these fees. RCW 82.02.060(3) authorizes cities, counties and towns to grant impact fee exemptions for affordable housing. RCW 35.92.380 authorizes a city or town to waive or delay collection of tap -in charges, connection fees or hookup fees for low-income persons connecting to water, sanitary or storm sewer service, electricity, gas and other means of power and heat, and RCW 36.70A.540 authorizes affordable housing incentive programs, including fee waivers or exemptions. 46 Jurisdictions offering these benefits should always consider tax loss information and possible repercussions on city taxes for the year. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 33 Packet Pg. 227 9.4.c have any restrictions on occupancy, spacing or intensity of use, they must demonstrate with a quantitative and spatial analysis that there is sufficient capacity for their housing needs allocation and include E reasoning for how these requirements protect public health and safety in the findings of their ordinance. .r Limiting maximum densities or minimum Do not place restrictions on STEP that are not placed on other housing or shelter types, unless it is o square footage specifically tied to public health and safety. For STEP projects owned and/or operated by religious C organizations, allow density bonuses that are consistent with local housing needs allocations and waive 2 floor area ratio requirements for STEP projects with administrative approval from the local planning o director, city engineer or another local decisionmaker with sufficient capacity and expertise. a Waive or significantly reduce parking minimums for STEP projects because they serve individuals who often as High off-street parking requirements and 2 ground -floor retail requirements lack a vehicle. Waive ground -floor retail requirements for STEP projects in mixed -use zones to help make projects easier to develop and allow them to serve more people. L Limits on occupancy Do not limit the number of unrelated persons that may occupy a household or dwelling unit except for lawful limits on occupant load per square foot or building code limits. Jurisdictions looking for assistance should consult their building official/applicable building codes. If jurisdictions choose to have overall occupancy requirements, they must demonstrate with a quantitative and spatial analysis that there is sufficient capacity for their housing needs allocation and include reasoning for how these requirements protect public health and safety in the findings of their ordinance. Restrictions on support spaces, such as Waive restrictions on support spaces, which may be considered a non-residential use, within permanent office space, within a permanent supportive supportive housing properties in residential zones to provide its tenants with greater access to services and housing building in a residential zone amenities that can help them become self-sufficient and stably housed long term. Facility operating and reporting requirements Requirements for coordination with local police and fire departments Arbitrary limits on operation times or occupants (e.g., total occupants allowed or requirements for client background checks or sobriety) and/or requirements for additional Defer to projects' funding requirements and do not set requirements for STEP operations and reporting. Often, jurisdictions do not have the expertise on staff to thoughtfully review and evaluate whether plans for operating these types of housing and shelter are appropriate. Instead, it is recommended to defer to the projects' funders' requirements, which often include standards for client -staff ratios, staff training and certifications, services provided, progress reporting and more. Do not require new coordination plans with local police and fire departments; instead, defer to the preferred coordination plans of local police and fire departments. If such plans do not exist or STEP operators already have existing preferred operations regarding coordination with local police and fire departments, defer to these rather than requiring new plans developed specifically for each project to prevent adding a potentially duplicative, burdensome requirement for STEP. It is best to defer to projects' funding requirements instead of requiring operations plans or additional specific plans of the STEP project. Do not set arbitrary limits on STEP projects' operation times or occupants or include requirements for additional plans or agreements. Often, jurisdictions do not have the expertise on staff to thoughtfully determine operations requirements or plan details for these types of STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 34 Packet Pg. 228 9.4.c plans or agreements (e.g., operations plans or good neighbor agreements) Conditional use permits, design review requirements47 and discretionary review processes48 housing and shelter, so it is best to defer to the projects' funders' requirements, which often include client eligibility requirements and standards for these projects' operations and services. E L Allow STEP outright as a permitted use("by-right" zonin in designated zones, do not include requirements 9 p 9) � 9 q = and permitting steps different from those for other affordable housing types, and expedite permitting o processes for STEP projects when possible.49 To support classifying STEP as a permitted use outright with r_ an administrative review, a jurisdiction can adopt clear criteria for review to aid judgment in making c decisions. a 0 a Addressing Potential Community Concerns As jurisdictions develop and implement their ordinances, community concerns related to perceived challenges of STEP may arise. To encourage STEP development, jurisdictions can use strategies outside of their local zoning and development regulations to address many of these concerns. Informational community meetings can be one way to identify community concerns in advance, connect housing providers and residents and raise public awareness about the benefits of STEP. Some community concerns are already addressed or can be without creating additional local regulatory or permitting requirements for STEP. For example: • A lack of outside oversight for STEP (e.g., requirements for financing, staff behaviors, client or resident codes of conduct, training and services): In Washington, most STEP projects do not have any state licensing or operating requirements, which has led to community concerns about the quality of their services, the behavior of their clients and a lack of oversight. However, STEP projects require some form of public subsidy or funding from sources that comes with specific eligibility requirements (e.g., requirements for client -staff ratios, staff training or 47 RCW 36.70A and RCW 36.70B were updated in 2023 to streamline local design review processes, requiring "clear and objective" standards that do not reduce development capacity otherwise allowed. Any design review process must be conducted concurrently, or otherwise logically integrated, with the consolidated review and decision process for project permits set forth in RCW 36.7013.120(3). No design review process may include more than one public meeting. A county or city must comply with these requirements beginning six months after its next periodic update required under RCW 36.70A.130. Local governments are encouraged to expedite permits that include affordable housing, as defined in HB 1293 (2023), which provides additional flexibility in defining affordability. The provisions do not apply to regulations specific to designated landmarks or historic districts established under a local preservation ordinance. 48 For a list of uses that require a public hearing, see Appendix C, page 31, of Local Ordinances For Washington Cities and Counties. 49 The City of Port Townsend and Jefferson County worked closely together to expedite the permitting for a specific project that incorporates safe parking, a tiny house village and permanent supportive housing on the same piece of county -owned property. Seattle also has implemented an expedited permitting process to encourage STEP production, including exempting permanent supportive housing projects from design review. For more information on how jurisdictions in Washington are helping reduce development barriers for STEP, see the Department of Commerce's STEP Case Studies. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 35 Packet Pg. 229 9.4.c certifications, documentation and reporting). The funders who make STEP projects possible often have their own service, client and staff standards, so additional local requirements can be duplicative and become burdensome for STEP projects. In most cases, it is not possible to build STEP projects without some form of public funding (e.g., a combination of state and LIHTC funding), and all public sources of funding have regulatory requirements developers must meet.so E 'i Making support services optional: Some community members may be concerned about making support services optional for STEP clients. N However, support services should not be mandatory so that STEP projects do not unintentionally discriminate against clients for religious o reasons or because they are hesitant to receive outside assistance. When these services are optional, tenants can drive the type, duration and o initiation of services. Studies also show voluntary services are more effective at engaging people to participate in services than mandatory c services.51 Additionally, while services are optional for the participant in permanent supportive housing, they are a core component of it and thus a not optional for the operator. • Unfair evictions: Washington residents are concerned about unfair evictions for renters in leased STEP projects. However, any rental requiring leases must adhere to laws established by Washington State's Residential -Landlord Tenant Act, so tenants are already protected under law." • Lack of behavioral health support: The shortage of healthcare professionals, such as clinicians, long-term care support and social workers, is not only affecting the homeless population in Washington but also everyone else. Instead of imposing difficult staffing or service requirements for STEP, defer to the requirements of the entity funding the project for specific requirements for providers and staffing because they understand the needs of residents, best practices and support and staff availability. • Unaddressed health and safety concerns of shelter and housing (e.g., unmaintained buildings and littered properties): All residential development projects, including STEP, should prioritize the safety and maintenance of their properties for the benefit of their clients, tenants and staff. To ensure that all Washington residents are equally protected, local code enforcement should enforce the same occupancy requirements (e.g., max persons per room) and minimum health and safety standards for all residential projects. • NIMBYism (i.e., Not -In -My -Backyard mentality): In Washington communities, some residents may be opposed to the development of affordable housing in their neighborhood, which can be a major obstacle for STEP in jurisdictions where public input has the power to influence or prevent a project from being built. To overcome this, local governments can reduce discretionary review processes53 for STEP permitting and allow STEP to be permitted administratively, and they can help educate the public about the importance of affordable housing and STEP. The so See "Requirements Associated with State and Federal Funding" in Chapter 3 of the STEP State of the Practice Report for more details on these requirements and links to specific program requirements. 51 For studies on the Housing First model that show voluntary services work, see Data Visualization: The Evidence on Housing First from the National Alliance to End Homelessness. 52 For more information, see the Benton -Franklin Rental Owners Association's Summary of the Residential Landlord -Tenant Act of 1973. 53 These processes leave permit approval up to a local decision -maker's discretion and may require a public hearing. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 36 Packet Pg. 230 9.4.c Department of Commerce's Housing Division developed the Permanent Supportive Housing Communications Toolkit, which includes the following helpful materials: • Permanent Supportive Housing 101 Factsheet • Benefits of Permanent Supportive Housing Factsheet E •L • Building a Community of Support guidance • Common Community Concerns FAQ: Understand and Respond o • Considerations for Rural and Urban Communities c • Amplifying the Voices of People in Need of Permanent Supportive Housing Factsheet c • Lessons Learned Factsheet a • The Importance of Messaging Factsheet • Understanding how Permanent Supportive Housing (PSH) Operates Factsheet Local authorities can help residents become open to unfamiliar housing types and encourage STEP developers and operators to become actively involved in the community by inviting them to attend local meetings and events. Regularly convening residents and STEP partners to discuss community needs and concerns can be an effective strategy to help address NIMBYism. It is important to control how large these meetings between residents and STEP partners are (e.g., max 15 people), who is invited (e.g., neighborhood leadership, local service providers and advisory groups) and what the format is (e.g., local planning staff serve as conveners and facilitate the meeting, serving as a mediator, if necessary, between residents and STEP partners). Lack of control over neighborhood character: In Washington, some residents may feel that they have no control over the development that takes place in their neighborhood. To address this concern, local jurisdictions can involve community members and STEP partners in discussions about local policies and regulations that guide future development. Jurisdictions should already include robust public engagement opportunities as part of their comprehensive planning processes to ensure that residents have a say in the future of their community. Local ordinances should align with jurisdictions' comprehensive plans and development of local ordinances usually includes an opportunity for community input, so these opportunities are a way residents can influence neighborhood regulations and character as well. It is important to note that local ordinances that mandate public outreach and engagement for affordable housing projects but not for other residential projects may violate fair housing laws and other state and federal regulations. The Department of Commerce encourages jurisdictions to plan for and raise awareness about the benefits of STEP in their housing planning processes. By taking this proactive approach, jurisdictions can reduce the need for engagement related to specific projects and streamline permitting processes for STEP. Assuming that a STEP project is to be administratively approved, local planning staff can also host a community meeting to help inform residents about a specific project in their neighborhood. A community meeting differs from an open record hearing/public hearing because community members cannot influence whether the STEP project moves forward, and the meeting is only for informational purposes. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 37 Packet Pg. 231 9.4.c When STEP providers do not comply with funders' requirements: In situations where STEP service providers/property owners do not comp y with funder requirements or standards, a local government should first notify the property owner of the concerns to determine whether the issues could be rectified. If the owner's response is not sufficient, the local government may consult with the relevant state agency/funder to understand whether state oversight or resources could be used to address the concerns. Lastly, if providers/property owners remain out of E compliance, a local government may utilize its code enforcement tools, as it would with any other nuisance property or landlord. Sex offenders near children: Some local regulations in Washington currently impose potentially discriminatory distancing requirements for o STEP related to parks, schools and daycare centers. Community protection zones for STEP projects are not needed because Washington state c law already establishes an 880-foot community protection zone around public and private schools to regulate the residency of level two and c three sex offenders (RCW9.94A.030(6)). Furthermore, policies that prevent STEP from being built near parks, schools or other public uses can a unintentionally affect other populations experiencing homelessness such as children that need access to these services. 0 Crime and substance abuse: STEP that is well managed can be a neighborhood asset that creates the conditions necessary for everyone to thrive and have access to support services. Many STEP developments also provide resources to the community regarding any concerns that may require immediate intervention. These developments employ staff with expertise in supporting people in transition from homelessness, including crisis intervention and security. Staff work with STEP clients and residents to comply with shelter and housing rules and are trained to de-escalate difficult situations before they become emergencies through onsite or mobile support. Staff serve as a point of contact for community members to discuss and address concerns as they emerge.54 Several studies on permanent supportive housing found no evidence that the development of these facilities leads to increased rates of crime." While sobriety is an important goal for many individuals, many studies56 have found that imposing strict sobriety requirements as a condition of housing can be counterproductive and exacerbate homelessness. By providing stable housing and other services, STEP projects can help individuals take the steps to improve their health and well-being, address the root causes of their substance use, and connect with counseling and other supportive services. Additionally, fair housing laws and the Americans with Disabilities Act protect people with criminal histories related to past substance abuse.57 54 National Academies of Sciences, Engineering, and Medicine. Permanent Supportive Housing: Evaluating the Evidence for Improving Health Outcomes Among People Experiencing Chronic Homelessness. Washington, DC: The National Academies Press. 2018. https://nap.nationalacademies.org/catalog/25133/permanent-supportive-housing-evaluating-the- evidence-for-improving-health-outcomes 55 San Mateo County Health System, Behavioral Health and Recovery Services. The Impact of Supportive Housing on Neighborhood Crime and Property Values. www.smchealth.ora/sites/main/files/file-attachments/imoact of su000rtive housina on neiahborhood crime and orooery v2.Ddf?1468431099 56 The U.S. Department of Housing and Urban Development. Housing First: A Review of the Evidence. 2023. www.huduser.00v/portal/periodicals/em/spring-summer- 23/highlight2.html 57 For more information, see The Americans With Disabilities Act. Addiction, and Recovery for State and Local Governments. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 38 Packet Pg. 232 9.4.c Chapter 8: Adoption and Implementation To encourage the development of STEP in the state of Washington, the adoption of Commerce's model ordinance and other recommendations in this guide is highly encouraged. While the use of the model ordinance is voluntary, state laws require cities and counties planning under the Growth E Management Act to ensure their local regulations adhere to the minimum state requirements. General tips for adoption and implementation of STEP regulations include: o _ 0 • Plan for adoption at the beginning: Preparing for adoption should begin with establishing how this work will fit into your jurisdiction's upcoming a annual work plan or periodic update work plan. Establish a critical path and work backward from desired legislative action dates with the city a council, board of county commissioners or other approving entity. Allow for some cushion in case more time is needed to respond to public and decision -maker comments, as well as provide time to consider land capacity if spacing, occupancy or intensity of use restrictions are considered. c� Engage decision makers along the way: Addressing critical housing needs and defining regulations for STEP can raise concerns from a range of stakeholders, including elected and appointed officials. Engaging with decision -makers early and continuously will create a smoother path for the adoption process. Work with attorneys: Jurisdictions should work with an attorney or the Department of Commerce to ensure their local ordinances are consistent with state and federal law before adoption. After adoption, jurisdictions may still need to work with attorneys to deal with compliance issues in administering the ordinance. For example, an issue may arise requiring legal support to articulate a policy or procedure within the ordinance. Jurisdictions can ensure their permit requirements for STEP are as objective as possible to ensure their decisions are legally defensible. Raise awareness about the benefits of STEP: To further support jurisdictions in the adoption and implementation of their ordinances related to STEP, the Department of Commerce is developing the STEP Communications Toolkit, including a sample staff report and other materials to help local planning staff, appointed and elected officials and others communicate the benefits, challenges and best practices associated with planning for STEP. These tools will be coordinated and consistent with the Department of Commerce Housing Division's Permanent Supportive Housing Communications Toolkit. Commerce's STEP Communications Toolkit is available on the Updating GMA Housing Elements webpage. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 39 Packet Pg. 233 9.4.c Appendix Methodology From February 2024 through July 2024, Commerce is working with Abt Global and the Corporation for Supportive Housing (the project team) to create a STEP Model Ordinance, User Guide and Best Practices Report and Communications Toolkit. The following includes the project team's methodology for drafting the STEP Model Ordinance, User Guide and Best Practices Report. Establish an Advisory Committee To inform the model ordinance and its supplemental materials, the project team established an advisory committee including representatives from individual jurisdictions who have regulated types of STEP in their communities, STEP developers, and stakeholders who were involved in the development of HB 1220 or overall housing policy development in Washington. The project team convened this committee three times throughout the process to gather information and guidance. Members include: 1. Adrian Smith, City of Port Townsend 2. Ali Brast, City of Spokane 3. Blake Lyon, City of Bellingham 4. Bryan Snodgrass, City of Vancouver 5. Bryce Yadon, Futurewise 6. Carl Schroeder, Association of Washington Cities 7. Chris Collier, Alliance for Housing Affordability at Housing Authority of Snohomish County 8. Colin Morgan -Cross, Mercy Housing 9. Curtis Steinhauer, Washington State Association of Counties 10. Dee Caputo, FAICP, Washington State Department of Commerce, Growth Management Services (Retired) 11. Glen DeVries, City of Wenatchee 12. Lauren Fay, Downtown Emergency Services Center (DESC) 13. Mario Williams -Sweet, King County 14. Mary May, GS Consulting Analyze the Existing State of the Practice To better understand the current environment and best practices regarding STEP, the project team cataloged relevant state and federal laws, reviewed other communities' model ordinances and analyzed local jurisdictions' existing regulations from February to April 2024. The project STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 .N E a Packet Pg. 234 9.4.c team's research included conducting virtual interviews and small groups with representatives from local planning departments and other STE stakeholders, including: • City of Federal Way • City of Kenmore • City of Kent • City of Langley o • City of Olympia o • GS Consulting, Affordable Housing Consultant o • King County a • Lewis County • Snohomish County • Plymouth Housing a� • Washington State Department of Health AM documented and synthesized the results of these information -gathering activities in a State of the Practice Report identifying best practices and local needs to guide the design of the model ordinance and its supplemental materials. Study Local Implementation Successes In March and April 2024, the project team studied the successful implementation of STEP ordinances and development in four different jurisdictions in Washington state, including the City of Spokane, the City of Vancouver, the City of Wenatchee and King County. The team selected localities of varying sizes and locations throughout the state to conduct interviews and gather information for case studies. The lessons learned from these studies informed the model ordinance and its supplemental materials and are compiled in the STEP Case Studies Report. Facilitate a 30-day Public Comment Period and Targeted Engagement The project team facilitated a 30-day public comment period before finalizing the STEP Model Ordinance, User Guide and Best Practices Report. To gather feedback during this time, Commerce broadly distributed the draft model ordinance to Washington's local governments, behavioral health providers and other interested parties to give them the opportunity to provide comments. The team also conducted an online webinar on May 14, 2024, and presented at existing meetings with targeted groups. The project team analyzed all the comments collected over the public comment period and used that feedback to inform the final model ordinance and its supplemental materials. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 Al Packet Pg. 235 9.4.d Edmonds Housing Targets Edmonds is committed to guiding growth in a manner that is equitable and sustainable. This will be done by increasing the quantity of housing stock and diversity of housing choices, including middle housing and accessory dwelling units (see Appendix A), and identifying and addressing racially disparate impacts of housing policy. As part of doing its part in addressing critical regional needs, Snohomish County's HO-5 Report (adopted May 2023) relates the City of Edmonds' housing targets. Edmonds has a future land supply established in 2021 of 5,148 (see Table 3.1). Pending 17 49 15 561 0 625 Vacant 44 115 7 422 31 575 Partially Used 21 62 0 0 0 62 Redevelopable 231 -24 63 3508 340 3887 City 313 201 84 4491 371 5148 Table 3.1 Edmonds future land supply (Source: The Housing Characteristics and Needs in Snohomish County Report 2023) In this planning cycle to accommodate population growth, the City must increase its unit capacity by 3,921, for a total of 9,069 housing units. These 9,069 units must be distributed according to the requirements and affordability levels designated in HB 1220. Edmonds' designation as a "high -cost community" impacts the required allocation for types of housing units. 0-30% AMI: Non- Permanent Supportive Housing (PSH) 0-30% AMI: PSH >30-50% AMI >50-80% AMI Moderate <80-120% AMI Higher Income >120% AMI 1,883 977 2,479 1,475 6,814 2,129 126 0 84 1,952 2,129 42 9,069 4,946 4,123 Table 3.2 Required allocation of housing units as per affordability levels designated House Bill 1220 (Source: The Housing Characteristics and Needs in Snohomish County Report 2023) Note: According to Commerce guidance, Permanent Supportive Housing and Low -Income Housing (0-80% AMI) are grouped under the same affordability level and permitted housing categories for "high -cost community" such as City of Edmonds. See Appendix A for more details. .y 3 0 x IL w U) L 0 (i _ CU _ O E .L d 0 _ 0 W a 0 Q 76 CITY OF EDMONDS COMPREHENSIVE PLAN 12024 Packet Pg. 236 9.4.d Edmonds must plan for: • 6,814 units at the Low 0-80% AMI Income level - Low -Rise or Mid -Rise Multi -family; e.g. walk-up apartments (2-3 floors), Apartments • 2,129 units at the Moderate <80-120% AMI Income level — these may be ADUs. • 126 units at the High Income level - these may be Moderate Density (duplex, quad, triplex) Edmonds current supply comprises of: • 5,148 units of which 201 units are single family detached, • 84 units are Moderate Density (e.g. duplex, triplex, quad) and • 4,862 units are Low-rise or Mid -Rise Multi -family (walk up apartments) Low 0-80% AMI and Low -Rise or Mid -Rise Multi -family. Permanent Supportive (Like Walk-up apartment buildings Housing (2-3 floors), apartments) Moderate <80-120% ADUs or Low-rise/ Mid -rise Multi- AMI family Higher Income >120% Detached single family homes, AMI Middle Housing- Townhomes, Duplex, Triplex, Quadplex Table 3.3 Translating housing type to affordability level (for high cost communities) (Source: Department of Commerce Guidebook for Applying HB 1220) During the 2024 update cycle, the City of Edmonds must provide a net capacity change of the following: • A net increase of at least 1,952 units that are in the Low-rise or Mid -rise multi -family apartment category. • A net increase of at least 2,129 ADUs, or that are in the Low-rise or Mid -rise multi -family apartment category. • A net increase of at least 42 units that are Moderate density. By 2044, the unit mix for Edmonds is anticipated to be more diverse, providing a greater amount of housing choices, especially among housing types such as apartments and condominiums, which tend to be more affordable than others. Mobile home, Boat, ADUs, 0%_///— RV, van, etc., 1% 441 Multi Family and Middle Housing (2-4 units per lot), 36% Single Family, 63% 2020 Mobile home, Boat, ADUs, 7% RV, van, etc., 1% Multi Family and Single Family Middle Housing 43% (2-4 units per lot), 49% 2044 Figure 3.3 Existing Mix of housing types (Census 2020) and potential mix of housing types as per House Bills compliance (2044) a� .y 3 0 x IL w F_ U) m CU 0 E .L d 4- 0 _ 0 a 0 a EVERYONE'S EDMO Packet Pg. 237 9.4.d The two categories of land for which a net change in capacity is calculated: • Single-family residential land use areas • The multi -family and mixed -use land use areas. With the implementation of HB 1110 and HB 1337, capacity assumptions for single-family/low-density residential land use areas must be adjusted. These legislative changes effectively eliminate the State's allowance for one -family detached zoning. Consequently, Edmonds' single-family/low-density residential areas can now be assumed to have the potential for (re)development under any of the following density scenarios: • Two additional ADUs in attached or detached configurations • Two units in any configuration Four units in any configuration if one unit is affordable, i.e., rented or purchase price restricted and limited to lower income tenants or purchasers Applying the two House Bills, HB 1110 and HB 1337, capacity of ADUs and Middle Housing Units that may count towards the housing targets is calculated. Department of commerce has provided guidance on implementing the house bills. Based on this guidance, a set of methods and assumptions were created. Refer Appendix A for Method and Assumptions for calculating the new housing capacity. To accommodate the projected growth, i.e. housing and employment targets City has identified potential growth areas called Neighborhood Centers and Neighborhood Hubs to achieve sustainable, resilient, and equitable distribution of growth. They offer a variety of capacities to support housing and job growth, diverse housing types, and citywide infrastructure investments. Please see Land Use Element of this plan for more details. Refer to the Appendix C for a detailed summary of Growth alternatives. The Land Use element of this Plan details the areas of centers and hubs along with the capacities achieved. Table 3.4 gives the summary of housing units capacity enabled for the year 2044 based on the City's selected approach. Centers Medical District Expansion 1,150 Westgate 1,180 5 Corners 460 Firdale Village 290 Hubs North Bowl 110 East Seaview 220 Perrinville 110 West Edmonds Way 30 South Lake Ballinger 70 Maplewood 200 Low Rise/Mid Rise Apartments in Centers and Hubs 3,710 ADUs 1,972 Middle Housing 42 Existing Capacity 4,226 9,951 Table 3.4 Summary of housing units capacity Note: The housing capacity estimates are based on market feasibility analysis conducted in 2024. 78 CITY OF EDMONDS COMPREHENSIVE PLAN 12024 Packet Pg. 238 9.4.e ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING INTERIM DEVELOPMENT STANDARDS FOR EMERGENCY SHELTERS, TRANSITIONAL HOUSING, EMERGENCY HOUSING, AND PERMANENT SUPPORTIVE HOUSING ("STEP" HOUSING). WHEREAS, the Washington state legislature passed House Bill 1220 (HB 1220) in 2021, which amended the Growth Management Act (GMA) requirements for housing; and WHEREAS, the law requires local governments like Edmonds to plan for and accommodate housing affordable to all income levels, which includes demonstrating sufficient land capacity for housing at all income levels to meet future housing needs, including permanent supportive housing and emergency housing; and WHEREAS, local governments must also identify local barriers to production of affordable housing and take actions to remove those barriers; and WHEREAS, housing targets were established for Edmonds as part of the recent periodic Comprehensive Plan update; and WHEREAS, Edmonds, as a high -cost community, must plan for 6,814 units of permanent supportive and low-income housing (0-80% of Area Median Income) over the next 20 years; and WHEREAS, these targets informed the development of the Comprehensive Plan goals and policies regarding supportive housing; and WHEREAS, this ordinance addresses the supportive housing goal and policies H-9.2, H- 9.5, H-9.6, and H-9.7 by allowing: • Indoor emergency shelters and indoor emergency housing as permitted uses in all zones where hotels are currently allowed in Edmonds: Commercial Waterfront (CW) Community Business (BD), Downtown Business (BD), and General Commercial (CG); • Permanent supportive housing and transitional housing as permitted in all zones where residential dwelling units or hotels are allowed; and Packet Pg. 239 9.4.e WHEREAS, pursuant to RCW 36.70A.390, this interim ordinance may be adopted without first holding a public hearing; and WHEREAS, the city council intends to follow this ordinance with a permanent set of regulations that implement HB 1220; and WHEREAS, the forthcoming permanent regulations and related public participation processes will give the city council an opportunity to consider additional housing options for tiny houses and shelters, temporary pallet shelters, tent encampments, and safe parking areas, which are not included in these interim regulations; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A new chapter 17.125, entitled "Emergency Shelter, Transitional Housing, Emergency Housing, and Permanent Supportive Housing (STEP Housing)," is hereby added to read as shown in Exhibit A, which is attached hereto and incorporated herein as if set forth in full. Section 2. Sunset. This interim ordinance shall remain in effect for 180 days from the effective date or until it is replaced with another ordinance adopting permanent regulations, after which point it shall have no further effect. Section 3. Public Hearing on Interim Standards. Pursuant to RCW 36.70A.390 and RCW 35A.63.220, the city council shall hold a public hearing on this interim ordinance within sixty (60) days of its adoption. In this case, the hearing shall be held on January 28, 2025 unless the city council, by subsequently adopted resolution, provides for a different hearing date. Section 4. Adoption of Findings. The city council hereby adopts the "whereas" clauses, above, as the findings of fact justifying this action, as required by RCW 36.70A.390. Section 5. Severability. If any section, subsection, clause, sentence, or phrase of this ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. Packet Pg. 240 9.4.e Section 6. Effective Date. This ordinance being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR MIKE ROSEN ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: :• JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Pg. 241 9.4.e SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of , 2024, the City Council of the City of Edmonds, passed Ordinance No. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING INTERIM DEVELOPMENT STANDARDS FOR EMERGENCY SHELTERS, TRANSITIONAL HOUSING, EMERGENCY HOUSING, AND PERMANENT SUPPORTIVE HOUSING ("STEP" HOUSING). The full text of this Ordinance will be mailed upon request. DATED this day of 12024. 4840-7251-8158, v. 1 M CITY CLERK, SCOTT PASSEY Packet Pg. 242 9.4.f Draft ECDC Chapter 17.125, STEP Housing Page 1 of 2 Chapter 17.125 Emergency Shelter, Transitional Housing, Emergency Housing, and Permanent Supportive Housing (STEP Housing) Sections: 17.125.000 Purpose. 17.125.010 Applicability. 17.125.020 Definitions. 17.125.030 Regulations. 17.125.000 Purpose. The purpose of this chapter is to: A. Ensure compliance with the State of Washington's Growth Management Act and other laws B. Support the implementation of Edmonds's comprehensive plan. C. Encourage the development of emergency housing, emergency shelters, permanent supportive housing and transitional housing consistent with best practices for these development types to help address local housing needs. D. Direct STEP development to areas with existing amenities, like jobs, services and transit, to ensure occupants have access to opportunities. E. Protect the health, safety and welfare of the individuals served by these development types and the broader community. 17.125.010 Applicability. A. Where this chapter conflicts with any other, this chapter prevails. 17.125.020 Definitions. The following definitions apply to this chapter: A. "Emergency housing" means temporary indoor accommodations for individuals or families who are homeless or at imminent risk of becoming homeless that is intended to address the basic health, food, clothing and personal hygiene needs of individuals or families. Emergency housing may or may not require occupants to enter into a lease or an occupancy agreement. [RCW 36.70A.030(14)] Packet Pg. 243 9.4.f Draft ECDC Chapter 17.125, STEP Housing Page 2 of 2 B. "Emergency shelter" means a facility that provides a temporary shelter for individuals or families who are currently homeless. Emergency shelter may not require occupants to enter into a lease or an occupancy agreement. Emergency shelter facilities may include day and warming centers that do not provide overnight accommodations. [RCW 36.70A.030(15)] C. "Permanent supportive housing" is subsidized, leased housing with no limit on length of stay that prioritizes people who need comprehensive support services to retain tenancy and utilizes admissions practices designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing, especially related to rental history, criminal history and personal behaviors. Permanent supportive housing is paired with on - site or off -site voluntary services designed to support a person living with a complex and disabling behavioral health or physical health condition who was experiencing homelessness or was at imminent risk of homelessness prior to moving into housing to retain their housing and be a successful tenant in a housing arrangement, improve the resident's health status, and connect the resident of the housing with community -based health care, treatment or employment services. Permanent supportive housing is subject to all of the rights and responsibilities defined in chapter 59.18 RCW. [RCW 36.70A.030(31)] D. "Religious organization" means the federally protected practice of a recognized religious assembly, school or institution that owns or controls real property. [RCW 36.01.290(6)(c)] E. "Temporary", as applied in this chapter, applies to the person and how long they reside in STEP housing, not the structure or length of time for the land use. F. "Transitional housing" means a project that provides housing and supportive services to homeless persons or families and that has as its purpose facilitating the movement of homeless persons and families into independent living, generally in less than two years. [RCW 84.36.043(3)(c)] 17.125.030 Regulations. A. Permitted zones for STEP Housing. 1. Indoor emergency shelters and indoor emergency housing are permitted in all zones in which hotels are allowed. 2. Permanent supportive housing and transitional housing are permitted in all zones where residential dwelling units or hotels are allowed. Packet Pg. 244 9.5 City Council Agenda Item Meeting Date: 01/28/2025 Interfund Loan Utility Analysis Staff Lead: Kim Dunscombe Department: Administrative Services Preparer: Scott Passey Background/History As part of the interfund loan ordinance discussion, Councilmembers requested review of the analysis completed to understand the utility funds have capacity to support the interfund loan to the general fund. Staff Recommendation For presentation only Packet Pg. 245 9.6 City Council Agenda Item Meeting Date: 01/28/2025 Special Election Pro/Con Committees Criteria Review of Criteria and Appointment Staff Lead: Council President Tibbott Department: City Council Preparer: Beckie Peterson Background/History On January 7, 2024 Council passed Resolution 1563, calling for a special election concerning annexation into the South Snohomish County Fire and Rescue Regional Fire Authority. The special election is April 22, 2025, and election deadline dates as provided by the Snohomish County Election office are attached, in draft version as the official publication of their document is not released until February. The deadline to appoint Pro and Con Committees is February 21. The Snohomish County Local Voters' Pamphlet Administrative Rules are also attached. Council has the legislative authority to appoint members to a committee that will write the statement supporting the measure and to a committee that will write the statement opposing the measure. Recommendation Discuss criteria for the Pro and Con Committees. Discuss and make a motion to approve the selection process for appointment to the Pro and Con Committees Narrative Discussion of Criteria for Pro and Con Committees: Each committee is allowed up to 3 members but can ask for the advice of any number of individuals. (Voters' Pamphlet Administrative Rules) Must be a resident of the City of Edmonds (RCW 29A.32.280 effective January 1, 2025) Persons for the pro/con committees shall me known to favor or oppose respectively the measure for which they are writing a statement. (Voters' Pamphlet Administrative Rules) Discussion and Approval of proposed process for Appointment to Pro and Con Committees: 1. A media release was issued by the City of Edmonds on January 15, 2025 titled "City Seeks Residents for Pro/Con Committees for Special Election" and detailing the application process. 2. Applications submitted to the City Clerk before the deadline of Friday, January 24 at 5:OOpm will be assembled and attached to this agenda memo. The agenda packet will be updated to reflect this addition. 3. Councilmembers will discuss the criteria for Pro and Con Committee members during the Packet Pg. 246 9.6 January 28 council meeting. 4. During the February 4 Council meeting in open session, councilmembers will offer nominations to the Pro committee. Nominations do not require a second. When all nominations have been made, the Council will vote in the order that nominations were made. The first 3 nominees to get 4 votes will be appointed to the committee. Then the same procedure will be conducted for the Con committee. 5. Each committee will identify a chair who will serve as the primary contact for Snohomish County Elections. 6. The City Clerk will submit the names and contact information of those individuals appointed to the Pro and Con Committees to the Snohomish County Elections Office. These names will appear in the local voters' pamphlet. 7. Snohomish County Elections will contact the committee chairperson with submission requirements and deadlines. Attachments: Resolution 1563 April Election Dates Snohomish County Local Voters' Pamphlet Administrative Rules RCW 29A.32.280 (1) 01-15-24 City Seeks Residents for Pro and Con Committees PRO Cornell_ Redacted PRO Hepler_Redacted PRO Montalvo_Redacted PRO Roberts_ Redacted CON Buckshnis_Redacted CON Fagerstrom_Redacted CON Hollis Redacted CON Hutchison Redacted CON Ogonowski_Redacted Packet Pg. 247 9.6.a RESOLUTION NO. 1563 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, CALLING FOR A SPECIAL ELECTION CONCERNING ANNEXATION INTO THE SOUTH SNOHOMISH COUNTY FIRE & RESCUE REGIONAL FIRE AUTHORITY. WHEREAS, SCF and its predecessor, Snohomish County Fire District No. 1, have provided fire and EMS rescue services to the City of Edmonds through an Interlocal Agreement since January 1, 2010; and WHEREAS, on December 19, 2023, SCF notified the City of its intent to terminate the Interlocal Agreement for Fire and Emergency Medical Services effective December 31, 2025; and WHEREAS, on June 3, 2024, Fitch and Associates submitted their final report, entitled "City of Edmonds Emergency Services Analysis" providing comparisons of fire and EMS services options for the city to consider and WHEREAS, on May 28, 2024, following a public hearing of options on May 7, 2024 the city council adopted Resolution 1547, stating their preferred alternative for fire and emergency medical services was joining the RFA via annexation, and authorizing the mayor to pursue next steps regarding this alternative; and WHEREAS, on June 11, 2024, the city council adopted Resolution 1549, expressing the intent of the city to pursue annexation to SCF; and WHEREAS, the City is a fire protection jurisdiction as defined in RCW 52.26.020(3); and WHEREAS, Chapter 52.26 RCW authorizes two or more fire protection jurisdictions to participate in a regional fire services authority commonly known as a regional fire authority or "RFA"; and WHEREAS, the City of Edmonds ("the City") and the South Snohomish County Fire & Rescue Regional Authority ("SCF") share a contiguous border; and WHEREAS, RCW 52.26.300 sets forth the procedure for elections concerning the annexation of a city into a regional fire protection service authority; and WHEREAS, on December 17, 2024, the Governing Board of SCF adopted Resolution No. 12172024-31, amending its Regional Fire Authority ("RFA") Plan to provide for the annexation of the City of Edmonds subject to the approval by the voters of the City of Edmonds pursuant to RCW 52.26.300(3); and WHEREAS, the City and SCF believe that the public health and safety of the citizens they serve will benefit from City annexation into SCF; and Packet Pg. 248 WHEREAS, the City Council has determined that the stable funding source provided by annexation will allow SCF to be able to continue to deliver the current level of fire/EMS services over the long term to City taxpayers; and WHEREAS, on December 17, 2024, the Edmonds City Council adopted a motion to approve the updated RFA Plan Amendment (Edmonds Annexation) and Pre -Annexation Agreement and direct the City Attorney to draft a resolution placing the RFA Annexation on the April 22, 2025 ballot; and WHEREAS, notification of intent to annex is being transmitted to the Snohomish County Auditor; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Pursuant to RCW 52.26.300, the City of Edmonds requests that the Snohomish County Auditor place a proposition on the special election ballot to be held on April 22, 2025, for the voters in the City of Edmonds to approve or reject the annexation of the City of Edmonds to be part of the SCF effective June 1, 2025, substantially as follows: Name of Jurisdiction: City of Edmonds Proposition Number: Proposition 1 Short Title: Edmonds Seeks Voter Approval to Annex into South Snohomish County Fire & Rescue Regional Fire Authority Ballot Title: Shall the City of Edmonds be annexed into and be a part of the South Snohomish County Fire & Rescue Regional Fire Authority, effective June 1, 2025, per Edmonds City Council Resolution No. #####? Yes No Section 2. A local voters' pamphlet is requested and language for the explanatory statement is attached as Exhibit 1. Section 3. The City Attorney is authorized to make such minor adjustments to the formatting and/or wording of the ballot measure and/or the explanatory statement as may be recommended or required by the Snohomish County Auditor, as long as the intent of the measure remains clear and consistent with the intent of this Resolution as approved by the City Council. The City Attorney is further authorized to update the resolution number in the ballot title and the URL in the explanatory statement. Packet Pg. 249 9.6.a Section 4. The City Clerk is authorized to file any necessary documents with the Snohomish County Auditor to fulfill the purposes of this Resolution. hereon. Section 5. This Resolution shall be in full force and effect upon passage and signatures RESOLVED this 71h day of January, 2025. CITY OF EDMONDS f MAYOR, MIKE ROSEN ATTEST: C CLERK, PASSEY FILED WITH THE CITY CLERK: January 2, 2025 PASSED BY THE CITY COUNCIL: January 7, 2025 RESOLUTION NO. 1563 Packet Pg. 250 9.6.a Exhibit 1 Explanatory Statement This proposition seeks approval to annex the City of Edmonds into South County Fire ("SCF"), which currently provides Edmonds with fire/EMS services by contract. This contract terminates December 31, 2025. Annexation provides a known stable funding source, allowing SCF to continue delivering the current level of fire/EMS services within Edmonds. Alternatively, contracting for services in 2026 would cost similar to SCF's revenue from Edmonds property owners if annexation is approved, but without the funding source. If approved: • City's regular property tax levy will not be reduced; • City's EMS levy will be eliminated; • SCF's property tax levy and fire benefit charges will be paid directly to SCF by Edmonds property owners, providing a known stable funding source for fire/EMS services; If not approved: • City would not have a known stable funding source to contract for fire/EMS in 2026 and beyond; • No changes to property taxes or fire benefit charges would result from this election; • City would need to raise taxes and/or implement drastic reductions in City operations to pay for the fire/EMS contract; • City's ability to maintain current level of service is jeopardized. More information: www.edmondswa.gov/[url pending] Packet Pg. 251 9.6.b Ballot Measures Resolutions due February 21 Explanatory statements due February 21 Pro/con committee appointments due February 21 Pro/con statements due February 28 Pro/con rebuttals due March 4 Voters' pamphlet mailed April 3 Voter Registration Deadline Last day to register or update registration by mail/online April 14 Last day to register/update in Auditor's office April 22, 8 p.m. Voting/Ballot Mailing Military ballots mailed March 21 Accessible voting begins in office April 2 Ballot drop boxes open April 3 All other ballots mailed April 3 Last day to mail or return voted bip*�-Nm April 22 Special Election Day W, r April 22 Certification of Election County certification May 2 Nl� This guide is for informational purposes only and does not take the place of local, state or federal laws. RCW, WAC and county code notations are offered as a reference. Packet Pg. 252 9.6.c Snohomish County Local Voters' Pamphlet Administrative Rules 1. Purpose The purpose of these Administrative Rules is to establish the rules and requirements for participation, production, and distribution of the local voter's pamphlet. 2. Rules A. Notice of Intent to Publish a Local Voters' Pamphlet (RCW 29A.32.220. SCC 2.49.020) Snohomish County shall prepare a local voters' pamphlet for primary, general, and special elections Snohomish County Elections shall notify all jurisdictions within the county of a local voters' pamphlet at least 90 calendar days before the publication and distribution of the local voters' pamphlet. Notification will be made via email or standard mail to the jurisdiction's contact on file with the Snohomish County Elections. B. inclusion in the Local Voters' Pamphlet (RCW 29A.32.220) All jurisdictions with a race or measure on the ballot will participate in the local voters' pamphlet for every primary, general, and special election, except that a first-class or code city, or any other town or city, when obligated by ordinance or charter, may produce its own local voters' pamphlet. C. Costs associated with the Local Voters' Pamphlet (RCW 29A.32.220, RCW 29A.32.270, SCC 2.49.040, SCC 2.49.070) The cost to produce, print, and mail a local voters' pamphlet is an election cost that is included when jurisdictions with a race or measure on the ballot are billed for their portion of the cost of the election. A legislative authority of a jurisdiction required to appear in the local voters' pamphlet may petition the County Council to waive the appearance requirement. The County Council may waive appearance in the local voters' pamphlet if it finds that participation in the local voters' pamphlet would create undue financial hardship for the jurisdiction, and it is not less than 60 days before the publication of the local voters' pamphlet. A jurisdiction receiving a waiver for local voters' pamphlet appearance will continue to be responsible for their remaining portion of the cost of the election. D. Notice of Deadlines and Requirements Snohomish County Elections will notify jurisdictions of the publication date of the local voters' pamphlet as well as the deadlines for submission of materials to be included in the local voters' pamphlet. Candidates will be notified of all deadlines and requirements when they file for public office. Local Voters' Pamphlet Administrative Rules Adopted February 7. 2011 and Last Amended March 8, 2023 Page 1 of 6 Packet Pg. 253 9.6.c E. Local Voters' Pamphlet Content (RCW 29A.32.241, SCC 2,49,010) The local voters' pamphlet shall include at a minimum: 1. A cover page containing the words "Official Local Voters' Pamphlet," "Snohomish County," and the date of the primary, general, or special election. 2. A list of jurisdictions that have measures or candidates in the pamphlet. This may be in the form of a Table of Contents or Index. 3. Information on how a person may register to vote and obtain a ballot. 4. The text of each measure is accompanied by an explanatory statement prepared by the prosecuting attorney for any county measure(s) or by the attorney for the local jurisdiction submitting the measure(s). 5. Arguments for and against each measure submitted by committees pursuant to RCW 29A.32.080. 6. Statements and photos submitted by candidates in races on the ballot. Exception, Precinct Committee Officer (PCO) candidates are not included in this publication. 7. A list of all student engagement hubs in the county as designated under RCW 29A.40.180, 8. For partisan primary elections, information on how to vote in the appropriate ballot format and an explanation that minor political party candidates and independent candidates will appear only on the general election ballot. Ballot Measure Explanatory Statements (RCW 29A.32.230, RCW 29A 32 241, SCC 2.49.060) An explanatory statement addresses the anticipated effect of a measure if passed into law. The statement may be no more than 200 words* and must be prepared by the attorney for the jurisdiction submitting the proposition or measure. A letter from the jurisdiction's attorney confirming they prepared and approved the explanatory statement is required. If there is no letter from the jurisdiction's attorney or if a jurisdiction does not retain legal counsel for the review, the statement will be submitted to the Snohomish County Prosecuting Attorney's Office for review and final discretion on language. Any challenge to an explanatory statement must be filed no later than five business days after the due date for explanatory statement submission. The challenge must be in the form of a petition to the Superior Court of Snohomish County with a copy to the Auditor's Office and the attorney who prepared or reviewed the statement. The Superior Court's decision will be final. *For districts that cross county lines, Snohomish County will follow the word count of the county where the ballot measure is required to be filed. G. Ballot Measure Argument (Pro/Con) Committees (RCW 29A.32.280) Local Voters' Famphlet Administrative Rules Adopted February 7, 2011 and Last Amended March 8, 2023 Page 2 cF 6 Packet Pg. 254 9.6.c The legislative authority of a jurisdiction submitting a measure has the responsibility of appointing members to a committee that will write the statement supporting the measure and to a committee that will write the statement opposing the measure. Persons for the pro/con committees shall be known to favor or oppose respectively the measure for which they are writing a statement. Each committee is allowed up to 3 members but can ask for the advice of any number of individuals. Snohomish County Elections requests that all pro/con committee appointments be submitted by the deadline to submit measures and resolutions. State law requires that appointments be made no later than 45 calendar days prior to the publication of the local voters' pamphlet. Each committee shall identify a chair who will serve as the primary contact for Snohomish County Elections. In the event a jurisdiction does not submit a pro and/or a con committee for a ballot measure, Snohomish County Elections will make a good faith effort to identify interested individuals and appoint them to a committee. For jurisdictions where committee members were not obtained, the local voters' pamphlet will contain a statement that no one came forward to prepare a statement, and it will provide information on how to get involved in future committees. H. Ballot Measure Arguments A ballot measure argument is written to support or oppose a ballot measure. Each argument statement in support (Pro) or against (Con) a measure can be no more than 250 words* and must be prepared by the committee formed pursuant to RCW 29A.32.280. Snohomish County Elections will not fact -check or edit, including correcting spelling, grammar, or punctuation errors, or otherwise advise committees on statements. Statements should only address issues, plans, and ideas pertaining to the ballot measure. Statements shall not contain libelous or inappropriate language, including obscenity or profanity. The County Auditor may reject statements that include libelous or inappropriate language per RCW 29A.32.230. Statements are limited to alphanumeric characters and punctuation. The text must be written in paragraph form. Only italics may be used to emphasize words or phrases. Bolding, underlining, and using all capital letters, tables, lists, bullets and emojis are not allowed. If formatting does not adhere to these standards. Snohomish County Elections will adjust formatting as deemed necessary. Arguments will be shared by Snohomish County Elections with the opposing committee once both arguments have been received. Each committee has an opportunity to formulate a rebuttal statement containing no more than 75 words. * Rebuttal statements may only address the issues raised in the opposing statement without introducing new issues not previously addressed in either statement. Rebuttal statements are not shared with the opposing committee. Local Voters' Pamphlet Administrative Rules Adopted February 7, 2011 and Last Amended March S, 2023 Page 3 of 6 Packet Pg. 255 9.6.c Argument and rebuttal statements must be signed or otherwise approved by all members of the committee. It is not the role of Snohomish County Elections to coordinate between committee members. Once submitted, argument and rebuttal statements cannot be withdrawn or changed. If committee members cannot agree on an argument or rebuttal statement, no argument or rebuttal statement will be presented in the local voters' pamphlet. Failure to submit an argument statement will disqualify the committee from submitting a rebuttal statement. The deadlines for each committee to submit their argument and rebuttal will be established by the Snohomish County Elections at least 30 calendar days in advance of the filing deadlines. *For districts that cross county lines, Snohomish County will follow the word count of the county where the ballot measure is required to be filed. I. Candidate Statements (RCW 29A.32.230) A staternent may be submitted by a candidate on the ballot except for candidates that will be included in a state, judicial, city, or other voters' pamphlet or for Precinct Committee Officer candidates. This statement will be used in both the general election and a primary if one is required. Each candidate statement shall be limited to 200 words and four paragraphs- If Snohomish County Elections utilizes the Secretary of State's online voters' pamphlet submission tools, then the word counts will be calculated pursuant to RCW 29A.32.121. Candidate statements must be limited to discussion of the candidate him or herself. For example, candidate statements may address campaign issues, plans, and ideas of the candidate. Candidate statements shall not comment on or make any judgments about opponents or incumbents. Statements shall not contain libelous or inappropriate language, Including obscenity or profanity. The County Auditor may reject statements that contain libelous or inappropriate language per RCW 29A.32.230. Statements are limited to alphanumeric characters and punctuation. The text must be written in paragraph form. Only italics may be used to emphasize words or phrases. Bolding, underlining, and using all capital letters, tables, lists, bullets and emojis are not allowed. If formatting does not adhere to these standards. Snohomish County Elections will adjust formatting as deemed necessary. Snohomish County Elections does not fact -check statements nor correct spelling, grammar, or punctuation errors. Section headers (Education, Previous Experience, etc.) and candidate contact information such as name, campaign address, phone number, email, and website that was provided by the candidate with their statement or taken from filing information will be listed separately from the candidate statement and will not count towards the word count. If this information is also included within the Local Voters" Pamphlet Administrat,ve Rules Adopted February 7, 2011 and Last Amended March S, 2023 Page 4 of 6 Packet Pg. 256 9.6.c statement submission, it will be counted towards the word count and repeated in the contact area Contact information is published even if no statement is submitted. Contact information (phone, email, website) provided at submission will be published in the local voters' pamphlet. if the campaign -related contact information is not submitted, personal email addresses and phone numbers will be printed in the local voters' pamphlet unless specifically requested to be removed by the candidate. Snohomish County Elections will provide information on submission requirements and the statement appeals process to candidates at the time of filing for office. Candidate statement deadlines will be established by Snohomish County Elections at least 30 calendar days before candidate filing. Candidates not submitting a statement will have "No statement submitted" printed in the local voters' pamphlet. J. Candidate Photo A photo may be submitted by a candidate on the ballot for a primary or election, except for candidates that will be included in a state, judicial, city, or other voters' pamphlet. The photo of the candidate must be current, not more than five years old. The photo should be of the candidate's unobscured face and shoulders. The photo cannot show the candidate wearing a uniform, judicial robe, hat, anything bearing an insignia, or otherwise suggest holding of a public office. Props, sunglasses, or other items obscuring the candidate's face in the photo will not be accepted. Exceptions may be made in special circumstances with the Auditor's approval. Snohomish County Elections will adjust and/or crop photos as necessary. Photos are published in a black and white format. Photos should reflect the candidate in a professional and tasteful manner. Candid/casual social media style photos are not recommended and may be rejected at the discretion of the Auditor. Candidates not submitting a photo will have a "No photo submitted" statement printed in the local voters' pamphlet. Photos are not accepted nor published for Precinct Committee Officer candidates. Snohomish County Elections will provide additional photo submission requirements to candidates at the time of filing for office. K. Rejection of Arguments or Statements (RCW 29A.32.230) Local Voters' Pam phi etAdmin,strative Rules Adopted February 7, 2011 and Last Amended March 8, 2023 Page 5 of 6 Packet Pg. 257 9.6.c Snohomish County Elections reserves the right to reject any ballot measure argument or candidate statement if it does not conform to the administrative rules or if a statement or argument is libelous or otherwise inappropriate. If a statement is rejected, the candidate or committee chair will be notified by email and given 48 hours from the time of notification to submit an adjusted statement. The time of notification will be the time the email was sent to the candidate or committee. If the adjusted statement does not meet requirements, a "no statement submitted" notation will be printed for the candidate or measure. Candidates or committee chairs may appeal the rejection of the statement by submitting a written appeal to the Snohomish County Prosecuting Attorney within 48 hours of notification. The Prosecuting Attorney's decision on the appeal will be final. Format and distribution of the Local Voters' Pamphlet (SCC 2.49.010) Snohomish County Elections retains complete control over content and format, including limiting the publication to an online electronic version or printed in combination with the Secretary of State Voters' Pamphlet. if Snohomish County produces an online version only or in combination with the state, the requirements of RCW 29A.32 and these rules will be adhered to as much as is practical. Revision adopted this 8th day of March 2023. (U2 Garth F Snohomish County Auditor Local Voters' Pamphlet Administrat ve Rules Adopted February 7, 2011 and Last Amended March 8, 2023 Page 6 of 6 Packet Pg. 258 9.6.d RCW 29A.32.280 Arguments advocating approval or disapproval — Preparation by committees. (Effective until January 1, 2025.) For each measure from a unit of local government that is included in a local voters' pamphlet, the legislative authority of that jurisdiction shall, not later than the resolution deadline, formally appoint a committee to prepare arguments advocating voters' approval of the measure and shall formally appoint a committee to prepare arguments advocating voters' rejection of the measure. The authority shall appoint persons known to favor the measure to serve on the committee advocating approval and shall, whenever possible, appoint persons known to oppose the measure to serve on the committee advocating rejection. Each committee shall have not more than three members, however, a committee may seek the advice of any person or persons. If the legislative authority of a unit of local government fails to make such appointments by the prescribed deadline, the county auditor shall whenever possible make the appointments. [2015 c 146 s 3; 2003 c III s 820. Prior: 1994 c 191 s 2; 1984 c 106 s 10. Formerly RCW 29.81A.080.1 RCW 29A.32.280 Arguments advocating approval or disapproval — Preparation by committees. (Effective January 1, 2025.) (1) For each measure from a unit of local government included in a local voters' pamphlet, the legislative authority of that jurisdiction shall, not later than the resolution deadline, formally appoint a committee to prepare arguments advocating voters' approval of the measure and shall formally appoint a committee to prepare arguments advocating voters' rejection of the measure. (2) The authority shall appoint persons that reside within the jurisdictional boundaries and are known to favor the measure to serve on the committee advocating approval and shall, whenever possible, appoint persons that reside within the jurisdictional boundaries and are known to oppose the measure to serve on the committee advocating rejection. (3) Each committee shall have not more than three members, however, a committee may seek the advice of any person or persons. (4) If the legislative authority of a unit of local government fails to make such appointments by the prescribed deadline, the county auditor shall issue a media release and publish information on the auditor's election website announcing the opportunity to form committees and provide statements. If the legislative authority is unable to make appointments, the auditor shall make appointments on a first -come, first -served basis if qualified committee members contact the auditor by the appropriate deadline. (5) If no statement is produced, the auditor shall include a statement in the pamphlet stating that no person in the jurisdiction contacted the auditor to provide a statement, and there are no statements for that measure. [2024 c 78 s 12; 2015 c 146 s 3; 2003 c 111 s 820. Prior: 1994 c 191 s 2; 1984 c 106 s 10. Formerly RCW 29.81A.080.] Effective date-2024 c 78: See note following RCW 29A.32.010. Certified on 7/12/2024 RCW 29A.32.280 Packet Pg. 259 9.6.e City of Edmonds Media Release City Council —121 5th Avenue North Edmonds, WA 98020 `nc. 18c),j FOR IMMEDIATE RELEASE: January 15, 2025 To: Media Contact: Kelsey Foster I kelsey.foster@edmondswa.gov 1 425-480-2397 City Seeks Residents for Pro/Con Committees for Special Election Volunteer committees will draft statements for voters -pamphlet (Edmonds — WA) The City of Edmonds is holding a Special Election in April seeking voter approval to annex the City of Edmonds into the South Snohomish Couty Fire and Rescue Regional Fire Authority. Edmonds City Council proposed annexation and approved this special election by resolution on January 7, 2025. Edmonds no longer operates its own fire department and has contracted with South County Fire for fire and emergency medical services since 2010. That contract is set to expire at the end of 2025. If annexation is approved by voters, Edmonds property owners would pay South County Fire directly for these services. Annexation protects the current level and quality of emergency response, allows residents to vote on fire authority issues, and run for the Board of Fire Commissioners. More information about the proposed annexation into the RFA can be found in the media release sent on January 8, 2025. Edmonds City Council has the legislative responsibility to appoint two committees to write ballot measure argument statements that appear in the election voters' pamphlet. The pro committee writes the statement supporting the measure; the con committee writes the statement opposing the measure Each committee is allowed up to three volunteer members who must be residents of Edmonds. Council President Tibbott intends to have the council appoint these pro and con committees in advance of the county election office's February 21, 2025 deadline. Individuals interested in serving on either committee can submit their application to Scott Passey at scott.passev@edmondswa.gov by Friday, January 24t", at 5pm. Applicants need to announce which committee — pro or con — they are applying for, provide a statement that supports their position, and whether they are willing to be the committee spokesperson. Ple Packet Pg. 260 include your name, address, and phone number in your email. Late applications will not be accepted. 9.6.e Packet Pg. 261 9.6.f Passey, Scott From: Sent: Thursday, January 23, 2025 5:39 PM To: Passey, Scott; Tibbott, Neil Subject: RFA Annexation Voter's Pamphlet/Letter Attachments: Annexation - Resolution -Letter.pdf You don't often get email fro Learn why this is important Dear Clerk Passey, Please see the attached letter of interest. Please confirm receipt. Many thanks, Adam Cornell Packet Pg. 262 9.6.f Adam Cornell January 23, 2025 Mr. Scott Passey, Edmonds City Clerk 121 5" Avenue North, Edmonds, WA 98020 Sent Via Electronic Mail: Scott.Passey@edmondswa.gov Re: Request for Appointment to Regional Fire Authority Annexation Special Election Resolution Voter's Pamphlet Pro Committee Dear Clerk Passey, I write in response to the City of Edmonds' request for members to serve on the Regional Fire Authority (hereinafter RFA) Annexation special election resolution committee tasked with the drafting of a statement in favor of its passage. I support the resolution and I am willing to serve on the committee in its favor either as Chair or as a member. Annexation to the RFA is in the best interests of the City of Edmonds as it would deliver the best value for money by most effectively sustaining and enhancing emergency services as well as protecting collateral public safety and infrastructure for the citizens of Edmonds now and in the future. As more particularly set forth below, I believe I have the skills, temperament, and commitment to faithfully and fairly represent the pro position on the resolution to voters. My support for annexation into the Regional Fire Authority is informed by my 20 plus years as an Edmonds resident, my professional background as an attorney and former Snohomish County prosecutor and deputy prosecutor, and my longstanding reputation in our community for the ability to foster impactful bi-partisan dialogue and solutions to sometimes contentious and complex public policy and legal challenges. I look forward to serving. Very Gratefully, /Signed electronically Adam Cornell Cc: Council President Neil Tibbot Packet Pg. 263 9.6.g Passey, Scott From: PATRICK HEPLER > Sent: Friday, January 17, 2025 1:14 PM To: Passey, Scott Subject: Application for the Pro Committee for City of Edmonds RFA vote You don't often get email from . Learn why this is important Mr. Passey- I am applying for the Pro Committee for the City of Edmonds RFA voter, to develop the Pro statement for the voters pamphlet. am Pat Hepler, and I live at Edmonds, WA 98026. 1 have been a resident of Edmonds since 1989. 1 was an employee for the City of Edmonds Fire Department from 1979-2009, and then was transferred to Snohomish County Fire District One (now South Snohomish County Fire and Rescue). I retired from there in 2017. 1 am a strong supporter of our fire department, and fully support the annexation of the Fire Department into the SSCFR RFA. It is in the best interest of the citizens of Edmonds to become part of the SSCFR RFA. It would be a seamless move, and provide the City and our citizens the continued high quality service we receive now from SSCFR as a contract entity. I am willing to be a spokesperson. but will be out of town from 1-27 to 2-5-25. 1 can be reached by phone text, or email. Thank you for the opportunity. Pat Hepler Packet Pg. 264 9.6.h Passey, Scott From: Maria M > Sent: Friday, January 17, 2025 8-44 AM To: Passey, Scott Subject: Regional Fire Authority Committee Application You don't often get email from Leann _why this is importa g Attm City Clerk Scott Passey at scott.passev(d_)edmondswa.gov Dear Mr. Passey, am honored to submit this letter of interest to serve on the Pro Committee for the upcoming special election for approval of the annexation of Edmonds into the South County Fire and Rescue Regional Fire Authority. I am an active and engaged Edmonds resident, and as a freelance journalist and writer, I hope to be of help during this process. In response to the media release from the City of Edmonds, below please find the information as requested: Name: Maria Montalvo Address: Edmonds, WA 98020 Phone. Email: Committee Applying For: PRO Willing to be Committee Spokesperson: Yes Statement Supporting Position: The diverse and growing population of Edmonds requires and deserves comprehensive, quality fire ca and emergency services. These services are currently provided to the City of Edmonds by South -0 County Fire on a contract basis. This contract ends at the end of 2025. The special election to consider annexation into the Regional Fire Authority is a complex issue facing voters both because of the critical nature of the services and the likelihood that many residents do not even know that the City does not operate its own fire and emergency services. The contract South County Fire cannot be o� renewed without a substantial cost increase, and with the City's budget constraints, annexation into ca the Fire District is the most cost-effective option to maintain levels of service. If annexation is not o approved, Edmonds will face a significant reduction in services or a significant increase in costs. a Annexation is truly the only viable and responsible option to protect the health and properties of a Edmonds residents. a� Do not hesitate to reach out if you have any questions or if I can provide additional information. Please confirm receipt of this email. Thanks. r a Maria Packet Pg. 265 Passey, Scott From: Brook Roberts > Sent: Wednesday, January 15, 2025 5:08 PM To: Passey, Scott Subject: Interest in Serving on the Pro-SCF Annexation RFA Committee Attachments: SCF Pro Resume B. Roberts.pdf Hi Scott, I wanted to email you to indicate my interest in serving on the "pro" committee for Edmonds' annexation into the South Snohomish County Fire and Rescue RFA vote My email is and my phone number is Annexing Edmonds into the South Snohomish County Fire Regional Fire Authority (RFA) is a practical and forward -thinking decision. South County Fire consistently demonstrates exceptional service, holding a Protection Class 3 rating —ranking it among the top 15% of fire departments in Washington State which can help lower property insurance costs for Edmonds residents By joining the RFA, Edmonds would benefit from shared resources, enhanced service delivery, and a more sustainable funding model without the burden of increasing local taxes beyond inflation. This partnership guarantees top -tier emergency services while giving our community a stronger voice in decision -making. A vote to annex is a vote for safety, efficiency, and fiscal responsibility for Edmonds. Attached is a copy of my resume Hope to hear a decision soon. Thank you, Brook Roberts Packet Pg. 266 9.6.i Brook Roberts 11� I Edmonds, WA I Link In Education Eastern Oregon University (online) Expected 2028 Bachelor of Science, Emergency Medical Services Administration Minors in Public Policy & Health and Human Performance Work Experience EMT, American Medical Response Seattle 09/2023 - Present • Delivering 911 Basic Life Support transports for the Seattle Fire Department and citizens of Seattle; formerly assigned to Battalion 2 and cross staffed the Swedish First Hill Neonatal Critical Care unit. • Adhere to federal, state, and local laws and company policy regarding patient care, scope of practice, and emergency medica vehicles. Unde•standing and aoplying King County EMS protocols. Crew through General Manager, Chipotle Mexican Grill 1112021 - 03/2023 • Scheduled and led a staff of 30 employees according to the needs of a $7.5K daily sales restaurant. • Achieved a 99% average food safety audit score across two quarters, beating the company goal of 93.5%+. • Reduced an average daily critical irventory variance by 2% to maximize profit after controllable expenses. • Fostered a focused training culture and engaged a constant pipeline of Cert'fied Trainers, Kitchen Leaders, Service I eaders, and Apprentices. Developed 3 CTs, 2 KI s, 1 SL, and 1 AP • Ensued compliance with health and safety regulations, conducting regular audits and training sessions. Promoted a culture of safety and accountability amorg staff. • Successfully managed operational challenges, including staffing shortages and supply chain disruptions, ensuring continuity and safety. Volunteer Experience Member, Board of Directors, Edmonds Waterfront Center 01/2024 - Present • Oversee budgeting and financial forecasting of donated and grant fundirg to ensure that programs are meeting the needs of the organization's membership. • Perform outreach to all members to drive engagement and renewal. Evaluated current and proposed Programs from staff. Tailored offerings to better serve a diverse population, especially across different age groups, enhancing the center's impact and inclusivity. Commissioner, Edmonds Salary Commission 06/2023 - 09/2023 • Employed a cata-driven approach to analyze market trends, fiscal implications, and benchmarking data, resulting in well-grounded proposals balancing needs of officials and taxpayer resources. • Demonstrated a keen understandirg of rity ordinances and rodes, interpreting and applying complex legal and regulatory frameworks to ensure compliance and adherence to city code and state law. Packet Pg. 267 9.6.j Passey, Scott From: Diane Buckshnis Sent: Wednesday, January 15, 2025 9:41 PM To: Passey, Scott Subject- RFA Con Committee request [You don't often get email from . Learn why this is important at https://aka.ms/LearnAboutSenderldentification ] Hello Scott, Please add my name to the list of folks who would like to be responsible for writing the "con" statement for the RFA annexation. Thank you, Diane Diane's cell Choose Kindness .., Nothing is more powerful than giving back to others... Packet Pg. 268 9.6.k Passey, Scott From: Kevin Fagerstrom > Sent: Thursday, January 16, 2025 3:54 PM To: Passey, Scott Subject: RFA vote [You don't often get email from . Learn why this is important at https://aka.ms/LearnAboutSenderidentification I Mr. Passey, I would like to be considered for a position on the "con" committee for the upcoming April referendum. My info is: Kevin Fagerstrom Edmonds, WA 98020 Thank you H Sent from my Whone Packet Pg. 269 9.6.1 Passey, Scott From: Theresa Hollis > Sent: Thursday January 16, 2025 8:56 AM To: Passey, Scott Subject: 'Con' committee application for RFA annexation vote- T. Hollis Hello Mr. Passey, I am applying to be on the committee that writes the Con statement. I am willing to be the spokesperson of that committee. I have read the County Auditor's administrative guide and understand the role of the pro/con committees and the schedule deadlines for the April, 2025 special election. My statement regarding RFA annexation was made at the City Council public hearing on Dec 3, 2024, and is pasted below. My contact info: Theresa Hollis , Edmonds 98026 Regards, I heresa Hollis Dec 3, 2024 RFA annexation public hearing comments: I have serious concerns about the business management of this fire agency. How did our cost plus overhead contract price get so far out of alignment with the RFA's taxing of their customers? $11.5 M to 19 Mil Is a bigjump. Only monopolies can get awaywith the size of annual increase they're offering for 2026- not public sector agencies. Why aren't they negotiating for increases that are spread over several years like a business would? Why aren't they opening their books to us and showing us what their overhead costs are? I don't buy the notion I heard at a November commissioner mtg that other cities are subsidizing Edmonds. You can't compare a cost plus overhead pricing model to a property tax - assessed value model on a city by city basis. An RFA is pooling the risk of a fire or medical event and has large overhead costs that are spread over the whole service area. If your overhead goes up, renegotiate the current ILA with Edmonds. Don't force an annexation vote. If the RFA commissioners want to continue to use the 'subsidy' or'parity' argument, I think of it this way: Because an Edm parcel has a higher assessed value than Lynnwood or MLT, if we approve annexation - Edm property owners will be subsidizing those 2 cities for infinity. I askthe RFA to drop the subsidy argument. Now here's the important part.The mayor ran a community survey earlier this year to ask us what services are important , and to priority rank them. Fast fire and EMS response is our #1 public service Packet Pg. 270 9.6.1 priority. But note that South County RFA has a problem in the most common type of incident- the Basic life support response time. Before we're asked to vote on annexation, don't we need the RFA management to explain how they will fix that and start delivering a performance that meets or beats their standard? It's our #1 priority for government services. Why doesn't the RFA publish annual reports for their total service area showing their performance standards and comparing it to actual results - thereby providing operational information to those they serve? It's required per RCW 52.33. Other RFA's do it- what's going on with this RFA? We're not ready for an annexation vote next spring. It's not right to ask residents to make an irreversible decision when this RFA doesn't disclose the operations information for their service area that is required by state law. Packet Pg. 271 9.6.m Passey, Scott From Sent: To: Cc: Subject: Attachments. Follow Up Flag: Flag Status: Hello Mr Passey, Theresa Hutchison > Wednesday, January 15, 2025 4:25 PM Passey, Scott Rosen, Mike; Tibbott, Neil; Olson, Vivian; Nand, Jenna; Eck, Chris; Paine, Susan; Chen, Will; Dotsch, Michelle Application to serve on the CON committee Application To Write the CON Statement.docx Follow up Completed Please see my statement supporting my position to serve on the CON committee in the attachment provided Thank you for your consideration. Theresa Campa Hutchison Edmonds Resident Packet Pg. 272 9.6.m _ m E _ 0 a a a _ •L d •L U O 3 d d d d E E O U _ O U 0 L a _ O r u d w E a� a U) a� cu m i O w z O U _ m E t tU 2 a Packet Pg. 273 9.6.m > Sent from my Phone _ m E _ 0 a a a _ ca M •L d •L U O 3 d d d d E E O U _ O U 0 L a _ O r d w E a� a U) a� cu m O w z O U _ m E t tU 2 a Packet Pg. 274 9.6.m Scott Passey, I would like to be on the committee to write the CON statement to Edmonds' proposed Annexation to the Regional Fire Authority. Without submitting my draft of my CON statement, I will site two points important in my position. One, there are less costly alternatives available than joining the RFA and council has not yet evaluated these alternatives. Two, we need to maintain control. I fit into many demographics and understand the situations many residents find themselves in because I have lived it. My father immigrated from Mexico at the age of 16 and married my mother who was a U.S. citizen. Twenty-five years later he became a U.S. citizen. Education and a strongwork ethic were paramount in our home. I am the youngest of 7 children with 16 years between me and the eldest. The first home I recall living in was about 700 sq ft. (see photo below. I am four years old). We moved into the "big house", 1100 sq ft. where I shared a twin bed with a sister until I was 10 years old. In the 1950's there was a practice that allowed for students who came from financially disadvantaged homes, and were a minority, to be tracked into classes like secretarial skills or auto mechanics if a male. I had told my school counselor that I wanted to be a nurse and assumed I was in the right classes because I was naive and uninformed - I trusted my school counselor. In myjunior year I realized the situation. I went to my counselor who told me I was not college material and would fail in college. I persevered and in my senior year I found myself taking Freshman Algebra. From there I went to a junior college for over a year and made up all the college prep courses I needed for nursing college entrance. Today, I am a registered nurse and hold two master's degrees - one in Health Education and another in School Administration with an emphasis in Special Education. I have worked in hospital emergency room and intensive care settings, public health and school health with people of all ages, socio-economic backgrounds, and cultures. I've witnessed domestic violence, child abuse, drug addiction, incest, 12 year -old pregnancies, students carrying guns and knives at school ............... My immediate family is very large and diverse. Our surnames are Day, Campa, Fay, Deutschman, Michnowski, Hamilton, Mutz, Delgado, Garcia, and others. We have five lawyers, my eldest daughter is a superior court judge, a public defender, international law, one argues criminal defense law in front of the Nineth Circuit Court of Appeals, hospital administrator, computer programmers, nurses, teachers, chemists, firefighters, electricians, garbage collector, real estate brokers........... Packet Pg. 275 9.6.m We are Catholics, Protestants, Jews, Agnostic, and Mormon. We are Democrat, Republican, and Independents. We argue and disagree respectfully and still we remain close. Today I'm financially independent because I left nursing for 12 years and went into business for myself in the late 1970s and 1980s. We invested wisely. In 1992 1 returned to nursing since that is where my heart has always been. I am a public servant. Like many, I've had challenges in my life that enable me to serve my fellow citizens with a better understanding and compassion. My husband and father of my children collapsed on the kitchen floor 28 years ago. I administered CPR until the paramedics arrived. We could not save him. I learned the challenges of being a single parent with an eleven -year -old grief-stricken daughter. There were emotional and financial challenges that had to be addressed daily as life moves ahead irrespective of one's circumstances. I can identify a problem and work diligently to solve it. Many years ago, there was a practice in our state's schools that was extremely harmful to students. During the time I worked on correcting this through legislation two students died while in the custody of school personnel. It took me seven years of going to Olympia to testify twice a year -once in front of the Senate and again in front of the House. In the seventh year I had done most of the heavy lifting and the many organizations I had worked with finally signed on. In 2017 1 stood next to Governor Inslee as he signed my bill into law. Standing beside me were medical doctors, the Washington State Nurses Association, the Office of the Superintendent of Public instruction, the Nursing Care Quality Assurance Commission, the School Nurses Organization of Washington, the Washington Education Association, and the Diabetic and Epilepsy Associations. Today, our children in Washington State schools are safer and their Lives better protected because of this critical legislation. (See attached photo). As a registered nurse, I know what EMS services look like firsthand. I know what is needed, and what is essential to preserving life. I know what fluff looks like and when I'm being hoodwinked. I'm confident I can be part of the conversation to bring the most efficient, high -quality, cost-effective services to our community. I am passionate that every child should have the educational opportunity to succeed in this Life and that they have nutritious food on the table, a roof over their head, and a safe environment to grow up in. Children are our future. James Baldwin once said, "For these are all our children. We will all profit by- or pay for- whatever they become". Taxes are necessary to provide essential services to the community we live in. It is how our tax dollars are spent that effects the livelihoods of our citizens. I believe annexation to the Regional Fire Authority is detrimental to the citizens of Edmonds. I would like to see us research and evaluate alternatives. I want to be part of the solution. Respectfully submitted, Packet Pg. 276 9.6.m Theresa Campa Hutchison, R Address: Landline Cel' N., M.Ed. Edmonds, Washington 98020. m E _ 0 0_ o_ a _ 0 •L d •L U O 3 d d o: d d E E 0 U _ O U 0 L a _ 0 r d w E a� 0_ a� CU m i 0 M r 0 z O U _ m E t 0 2 a Packet Pg. 277 9.6.n Passey, Scott From: James Ogono%vski Sent: Monday, January 20, 2025 1:23 PM To: Passey, Scott Subject: RFA Committee Application Hi Scott, I would like to be considered for the committee opposing the upcoming annexation ballot measure (con committee). I have been following the ongoings closely through both our City Council deliberations and Fire Commissioner meetings. I've contributed ideas to help move the process forward and feel knowledgeable on the subject in order to participate in writing an informative statement. We can do better by retaining local control of our fire/EMS services than what has been negotiated and presented in the annexation documents. I am willing to be considered as the committee spokesperson. Thank you, James Ogonowski Edmonds, WA 98026 Packet Pg. 278