HomeMy WebLinkAbout2025-01-28 Council PacketAgenda
Edmonds City Council
REGULAR MEETING
COUNCIL CHAMBERS
250 5TH AVE NORTH, EDMONDS, WA 98020
JANUARY 28, 2025, 7:00 PM
Edmonds City Council Agenda
January 28, 2025
Page 1
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1. 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)
5. 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 2
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
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
4.1
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4.1.a
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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.
4.2
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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
7.1
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7.1.a
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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
7.2
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CITY COUNCIL 2025
COMMITTEE REPRESENTATIVES
Committee of the Council Representative(s)
Committee A (3) 3:00 PM on the 1st 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 ECC 2.05.035 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 4th Monday Chen
Seashore Transportation Forum Paine
SNOCOM 911 3rd Thursday Eck
Snohomish County Tomorrow
Alternate: Olson
Nand
Salmon Recovery – WRIA 8 Dotsch
7.2.a
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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
7.3
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Citywide Streetlight Study
January 21, 2025
Public Works Committee Meeting
7.3.a
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Purpose
•Inventory existing streetlights
•Evaluate lighting and identify
gaps
•Develop a priority list for
lighting gaps
•Establish streetlight standards
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Data Collection
•Created new GIS streetlight layer
o Snohomish County PUD GIS datasets
Location (2,553)
Light fixture wattage
Model number
o City Data
City streetlights (196)
Location and type of fixture
o WSDOT Data
WSDOT streetlights (145)
Location and type of fixture
o Missing Data
7.3.a
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Analysis
•Transpo Group – High Level Analysis:
o AGI32 Lighting Design Software
o GIS Spatial Analysis to identify potential
gaps
o Did not include light level readings
o Assumptions based on standards for:
Mounting height
Arm length
Offset from pavement
7.3.a
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Street Segments & Intersections/Midblock
o Proximity to facilities with high pedestrian activity
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)
Prioritization 7.3.a
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Lighting Prioritization Scoring
Intersections
Higher Score=Higher Priority
Maximum Score = 80
ID Intersection Score
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
E 88th Ave W / 196th St SW 65
F Main Street / Railroad Street 65
G West Dayton Street / Railroad Ave 65
H Highway 99 / 224th St SW 65
I Highway 99 / 230th St SW 65
J Highway 99 / 240th St SW 65
K SW Quadrant of SR-104 / Hwy 99 Interchange 65
L SR-104 / 100th Ave W 65
M Puget Drive / Olympic View Drive 60
N 80th Ave W / 196th St SW 60
O 9th Ave N / Capers Street 60
P Sunset Ave / Main Street 60
Q 212th St SW / 80th Ave W 60
R 212th St SW / 77th Pl W 60
S 9th Ave N / Main Street 60
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 60
X Highway 99 / 244th St SW 60
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Intersections
Highway 99 & 236th St SW
Score: 70
7.3.a
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Intersections
Highway 99 & 216th St SW
Score: 70
7.3.a
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Intersections
3rd Ave N & Bell Street
Score: 70
7.3.a
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Lighting Prioritization Scoring
Street Segments
Higher Score=Higher Priority
Maximum score = 80
ID Location Description Score
ST-1 Highway 99 232nd St SW and 234th St SW 65
ST-2 Highway 99 south of 220th St SW 65
ST-3 Highway 99 south of 230th St SW 65
ST-4 Highway 99 north of 224th St SW 60
ST-5 Highway 99 236th St SW and 238th St SW 60
ST-6 Highway 99 228th St SW and 230th St SW 60
ST-7 SR-104 south of 238th St SW 60
ST-8 Highway 99 north of 236th St SW 60
ST-9 Highway 99 238th St SW and 240th St SW 60
ST-10 Highway 99 SR-104 and 244th St SW 60
ST-11 SR-104 north of 238th St SW 60
ST-12 SR-104 west of 100th Ave W 60
ST-13 Highway 99 south of 224th St SW 60
ST-14 212th St SW east of 80th Ave W 60
ST-15 228th St SW west of Highway 99 60
ST-16 236th St SW west of Highway 99 60
ST-17 Sunset Ave S Main Street and Dayton Street 55
ST-18 76h Ave W north of 212th St SW 55
ST-19 236th St SW east of Highway 99 55
ST-20 3rd Ave N south of Bell Street 55
ST-21 212th St SW west of Highway 99 55
ST-22 W Dayton St west of SR-104 55
ST-23 Main Street west of 9th Ave 55
ST-24 3rd Ave N south of Caspers Street 55
7.3.a
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Street Segments
Highway 99 – south of 220th St SW
Score: 65
7.3.a
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Street Segments
Highway 99 – south of 230th St SW
Score: 65
7.3.a
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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
7.3.a
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Questions?
7.3.a
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City of Edmonds
Citywide Lighting Study
7.3.b
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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
8.1
Packet Pg. 27
Edmonds City Council Action Minutes
January 7, 2025
Page 1
EDMONDS CITY COUNCIL
SPECIAL MEETING
ACTION MINUTES
January 7, 2025
ELECTED OFFICIALS 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
STAFF PRESENT
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
1. CALL TO ORDER
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)
8.1.a
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Edmonds City Council Action Minutes
January 7, 2025
Page 2
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.
8.1.a
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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
8.2
Packet Pg. 30
Edmonds City Council Minutes
January 7, 2025
Page 1
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
STAFF PRESENT
Shane Hope, Acting Planning & Dev. Dir.
Jeff Taraday, City Attorney
Scott Passey, City Clerk
1. CALL TO ORDER/FLAG SALUTE
The Edmonds City Council meeting was called to order at 7:03 pm by Mayor Rosen in the Council
Chambers, 250 5th 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. MAIN MOTION TO APPROVE THE AGENDA AS AMENDED CARRIED
UNANIMOUSLY.
4. PRESENTATION
1. 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.
8.2.a
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January 7, 2025
Page 2
2. Daniela Mihali, Edmonds, spoke in support of maintaining the Edmonds police department.
3. 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
1. 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.”
8.2.a
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January 7, 2025
Page 3
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 1.0 0.5 parking space per unit with less than 800 square feet living space;
2. At least 1.25 1.0 parking spaces per unit with 800-1200 square feet of living space;
3. At least 1.75 1.25 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 built or permitted prior to January 1, 2025 and on the
same building footprint, 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.
8.2.a
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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
8.2.a
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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
The meeting was adjourned at 10:01 pm.
8.2.a
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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
8.3
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Edmonds City Council Minutes
January 14, 2025
Page 1
EDMONDS CITY COUNCIL MEETING
ACTION MINUTES
January 14, 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
STAFF PRESENT
Shane Hope, Acting Planning & Dev. Dir.
Jeff Taraday, City Attorney
Scott Passey, City Clerk
Kim Dunscombe, Acting Finance Director
Phil Williams, Public Works Director
Rob English, City Engineer
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 5th 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.
8.3.a
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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
8.3.a
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January 14, 2025
Page 3
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
8.3.a
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Edmonds City Council Minutes
January 14, 2025
Page 4
• 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:
8.3.a
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Edmonds City Council Minutes
January 14, 2025
Page 5
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.
8.3.a
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Edmonds City Council Minutes
January 14, 2025
Page 6
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 3rd 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.
8.3.a
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January 14, 2025
Page 7
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 development 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.”
8.3.a
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Edmonds City Council Minutes
January 14, 2025
Page 8
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.
8.3.a
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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
8.4
Packet Pg. 45
Payroll Earnings Summary Report
City of Edmonds
Pay Period: 1,227 (12/16/2024 to 12/31/2024)
Hours AmountHour Type Hour Class Description
COUNCIL BASE PAYREGULAR HOURS170 700.00 11,936.19
FIRE PENSION PAYMENTSREGULAR HOURS191 2.00 3,517.17
Total Net Pay:$14,053.97
$15,453.36 702.00
01/16/2025 Page 1 of 1
8.4.a
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Payroll Earnings Summary Report
City of Edmonds
Pay Period: 1,228 (01/07/2025 to 01/07/2025)
Hours AmountHour Type Hour Class Description
COUNCIL PRESIDENTS PAYREGULAR HOURS174 0.00 341.00
COUNCIL PAY FOR NO MEDICALREGULAR HOURS175 0.00 5,356.68
Total Net Pay:$4,936.36
$5,697.68 0.00
01/16/2025 Page 1 of 1
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Payroll Earnings Summary Report
City of Edmonds
Pay Period: 1,229 (01/14/2025 to 01/14/2025)
Hours AmountHour Type Hour Class Description
CLOTHING ALLOWANCEMISCELLANEOUS903 0.00 13,650.00
Total Net Pay:$12,007.48
$13,650.00 0.00
01/16/2025 Page 1 of 1
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Payroll Earnings Summary Report
City of Edmonds
Pay Period: 1,172 (01/01/2025 to 01/15/2025)
Hours AmountHour Type Hour Class Description
NO PAY NON HIREDABSENT112 179.00 0.00
SICK LEAVESICK121 924.11 53,497.52
VACATIONVACATION122 623.00 34,258.36
HOLIDAY HOURSHOLIDAY123 230.50 13,379.81
FLOATER HOLIDAYHOLIDAY124 80.00 3,955.66
COMPENSATORY TIMECOMP HOURS125 134.39 7,422.05
Holiday Bank WWTPHOLIDAY128 122.00 6,097.66
MILITARY LEAVEMILITARY131 10.00 568.50
JURY DUTYJURY DUTY132 -4.50 -241.76
BEREAVEMENTBEREAVEMENT141 24.00 1,352.46
Kelly Day UsedREGULAR HOURS150 124.50 7,694.70
COMPTIME BUY BACKCOMP HOURS152 2.26 86.46
HOLIDAY BUY BACKHOLIDAY153 9.00 258.29
FLOATER HOLIDAY BUY BACKHOLIDAY154 8.00 305.23
COMPTIME AUTO PAYCOMP HOURS155 31.00 1,982.05
SICK LEAVE PAYOFFSICK157 456.08 22,497.14
VACATION PAYOFFVACATION158 431.95 23,923.24
MANAGEMENT LEAVEVACATION160 27.00 2,395.12
REGULAR HOURSREGULAR HOURS190 16,901.10 940,601.03
Emergency Sick LeaveSICK194 9.00 464.22
ADMINISTRATIVE LEAVEREGULAR HOURS195 132.00 7,981.63
OVERTIME-STRAIGHTOVERTIME HOURS210 121.50 8,063.73
WATER WATCH STANDBYOVERTIME HOURS215 48.00 3,725.87
STANDBY TREATMENT PLANTMISCELLANEOUS216 2.00 266.91
OVERTIME 1.5OVERTIME HOURS220 187.00 18,840.16
OVERTIME-DOUBLEOVERTIME HOURS225 31.50 3,333.77
MISC PAYMISCELLANEOUS400 0.00 3,100.00
Medical Opt OutMISCELLANEOUS404 0.00 300.00
WORKING OUT OF CLASSMISCELLANEOUS410 0.00 1,193.78
SHIFT DIFFERENTIALSHIFT DIFFERENTIAL411 0.00 2,833.73
RETROACTIVE PAYRETROACTIVE PAY600 0.00 6,420.44
ACCRUED COMP 1.0COMP HOURS602 65.00 0.00
01/16/2025 Page 1 of 3
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Payroll Earnings Summary Report
City of Edmonds
Pay Period: 1,172 (01/01/2025 to 01/15/2025)
Hours AmountHour Type Hour Class Description
ACCRUED COMP TIME 1.5COMP HOURS604 89.50 0.00
Commander Standy AccrualCOMP HOURS609 10.00 0.00
ACCRUED SICK LEAVESICK901 1.78 0.00
BOOT ALLOWANCEMISCELLANEOUS902 0.00 18,000.00
ACCREDITATION PAYMISCELLANEOUSacc 0.00 300.58
ACCRED/POLICE SUPPORTMISCELLANEOUSacs 0.00 228.46
Ancilary Duty PayREGULAR HOURSanc 0.00 276.61
Ancilary Duty PayREGULAR HOURSanc2 0.00 1,551.48
Ancilary Duty PayREGULAR HOURSanc3 0.00 1,842.24
BOC II CertificationMISCELLANEOUSboc 0.00 244.78
TRAINING CORPORALMISCELLANEOUScpl 0.00 235.40
CERTIFICATION III PAYMISCELLANEOUScrt 0.00 122.39
Detective 4%MISCELLANEOUSdet4 0.00 1,351.04
EDUCATION PAY 2%EDUCATION PAYed1 0.00 963.08
EDUCATION PAY 4%EDUCATION PAYed2 0.00 890.94
EDUCATION PAY 6%EDUCATION PAYed3 0.00 12,690.00
Furlough Day Non-RepresentedREGULAR HOURSfd1 134.60 9,448.91
HOLIDAYHOLIDAYhol 1,304.60 71,101.84
K-9 AssignmentMISCELLANEOUSk9 0.00 429.92
LANGUAGE PAYMISCELLANEOUSlan 0.00 600.00
LONGEVITY PAY 2%LONGEVITYlg1 0.00 1,160.18
LONGEVITY PAY 2.5%LONGEVITYlg11 0.00 1,090.82
Longevity 9%LONGEVITYlg12 0.00 3,892.59
Longevity 7%LONGEVITYlg13 0.00 1,256.36
Longevity 5%LONGEVITYlg14 0.00 1,202.45
LONGEVITY PAY 4%LONGEVITY PAYlg2 0.00 171.92
LONGEVITY 6%LONGEVITY PAYlg3 0.00 298.53
Longevity 1%LONGEVITYlg4 0.00 1,143.95
Longevity 3%LONGEVITYlg5 0.00 4,082.57
Longevity .5%LONGEVITYlg6 0.00 29.43
Longevity 1.5%LONGEVITYlg7 0.00 927.83
Medical Leave SickSICKmels 64.00 3,640.00
01/16/2025 Page 2 of 3
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Payroll Earnings Summary Report
City of Edmonds
Pay Period: 1,172 (01/01/2025 to 01/15/2025)
Hours AmountHour Type Hour Class Description
Paid Family Medical -Comp UsedCOMP HOURSpfmc 16.50 617.46
Paid Family Medical Unpaid/SupABSENTpfmp 222.75 0.00
Paid FAMILY MEDICAL/SICKSICKpfms 37.75 1,675.23
Paid Family Medical VacationVACATIONpfmv 3.50 130.98
PHYSICAL FITNESS PAYMISCELLANEOUSphy 0.00 3,706.46
SICK LEAVE ADD BACKSICKslw -394.81 0.00
PSET SergeantMISCELLANEOUSstr 0.00 255.80
TAC OfficerMISCELLANEOUStac 0.00 214.96
Training OfficerMISCELLANEOUSto 0.00 214.96
Traffic Officer - CarMISCELLANEOUStraf 0.00 462.12
VACATION ADD BACKVACATIONvab 128.00 0.00
Total Net Pay:$886,746.96
$1,323,010.03 22,527.56
01/16/2025 Page 3 of 3
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Benefit Checks Summary Report
City of Edmonds
Pay Period: 1,172 - 01/01/2025 to 01/15/2025
Bank: usbank - US Bank
Direct DepositCheck AmtNamePayee #DateCheck #
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
Direct DepositCheck AmtNamePayee #DateCheck #
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
877,147.73 0.00Grand Totals:
Page 1 of 11/16/2025
8.4.e
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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
8.5
Packet Pg. 53
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Positive Pay Listing
City of Edmonds
apPosPay Page: 1
Document group:jacobson
Vendor Code & Name Check #Check Date Amount
076040 911 SUPPLY INC 265785 4,626.911/15/2025
070322 A&A LANGUAGE SERVICES INC 265786 700.001/15/2025
000850 ALDERWOOD WATER DISTRICT 265787 164,274.661/15/2025
079794 ALI AL-SHAIBANI 265788 17,500.001/15/2025
074718 AQUATIC SPECIALTY SERVICES INC 265789 950.001/15/2025
071377 ARGUELLES, ERIN 265790 286.001/15/2025
078237 ARIAS, ADRIAN 265791 260.001/15/2025
001699 ASSOC OF WA CITIES 265792 36,309.001/15/2025
064341 AT&T MOBILITY 265793 1,749.361/15/2025
064807 ATS AUTOMATION INC 265794 29,925.061/15/2025
079382 ATWELL LLC 265795 12,111.001/15/2025
070305 AUTOMATIC FUNDS TRANSFER 265796 337.501/15/2025
075217 BASLER, ANTHONY C 265797 260.001/15/2025
072577 BAURECHT, MAGRIT 265798 737.571/15/2025
077426 BEHAR COMPANY 265799 211.001/15/2025
069226 BHC CONSULTANTS LLC 265800 6,087.391/15/2025
028050 BILL PIERRE FORD INC 265801 22.471/15/2025
079747 BLUE COAST ENGINEERING LLC 265802 12,868.301/15/2025
065565 BUD CLARY FORD HYUNDAI 265803 57,833.571/15/2025
066666 BUSTER SIMPSON LLC 265804 2,000.001/15/2025
018495 CALPORTLAND COMPANY 265805 209.711/15/2025
073029 CANON FINANCIAL SERVICES 265806 885.941/15/2025
075892 CASCADIA ART MUSEUM 265807 10,000.001/15/2025
069813 CDW GOVERNMENT INC 265808 145,961.681/15/2025
003510 CENTRAL WELDING SUPPLY 265809 287.511/15/2025
073249 CG ENGINEERING, PLLC 265810 987.501/15/2025
065403 CHAPIN, FRANCES 265811 37.511/15/2025
076914 CM DESIGN GROUP LLC 265812 38,178.071/15/2025
073135 COGENT COMMUNICATIONS INC 265813 661.591/15/2025
078902 COLEMAN OIL COMPANY LLC 265814 36,676.391/15/2025
070323 COMCAST BUSINESS 265815 312.371/15/2025
072746 CONSOR NORTH AMERICA INC 265816 8,069.251/15/2025
075648 COVICH-WILLIAMS CO INC 265817 373.771/15/2025
072786 CTS LANGUAGE LINK 265818 145.111/15/2025
005965 CUES INC 265819 3,381.301/15/2025
073823 DAVID EVANS & ASSOC INC 265820 13,185.001/15/2025
076849 DE SANTIS, ANNE 265821 139.381/15/2025
079706 DHALIWAL, GURBINDER 265822 130.001/15/2025
064531 DINES, JEANNIE 265823 220.001/15/2025
075910 DLT SOLUTIONS LLC 265824 5,709.611/15/2025
006844 DMCJA 265825 1,320.001/15/2025
079614 DRY BOX INC 265826 165.751/15/2025
079281 DVA ADVERTISING & PUBLIC REL 265827 3,319.591/15/2025
071969 EDMONDS CENTER FOR THE ARTS 265828 16,000.001/15/2025
076610 EDMONDS HERO HARDWARE 265829 35.331/15/2025
008550 EDMONDS SCHOOL DISTRICT #15 265830 3,013.641/15/2025
008705 EDMONDS WATER DIVISION 265831 1,264.311/15/2025
075200 EDUARDO ZALDIBAR 265832 390.001/15/2025
008812 ELECTRONIC BUSINESS MACHINES 265833 186.441/15/2025
075136 ENVIRONMENTAL SCIENCE ASSOC 265834 45,939.181/15/2025
079216 EXELE INFORMATION SYSTEMS INC 265835 547.501/15/2025
065427 FCS GROUP 265836 780.001/15/2025
079210 FIFTH ASSET INC 265837 13,591.721/15/2025
Page: 1
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1/15/2025 3:23:41PM
Positive Pay Listing
City of Edmonds
apPosPay Page: 2
Document group:jacobson
Vendor Code & Name Check #Check Date Amount
077248 FRIDAY HARBOR JOLLY TROLLEY 265838 2,710.001/15/2025
078371 GENERAL MECHANICAL INC 265839 15,516.771/15/2025
079735 GEOSYNTEC CONSULTANTS INC 265840 2,657.501/15/2025
076436 GRANITE CONSTRUCTION CO 265841 5,553.941/15/2025
076462 GREAT FLOORS LLC 265842 59.671/15/2025
075346 GREATER SEATTLE FLOORS 265843 3,667.381/15/2025
079800 GUPTA, PREMCHAND 265844 130.001/15/2025
079012 HARLOWE & FALK LLP 265845 80.001/15/2025
024001 HARNISH LOCKBOX LB1208 265846 73.971/15/2025
078272 HARRINGTON, SHEILA ANNE 265847 520.001/15/2025
079505 HEBBA ABULSAAD 265848 260.001/15/2025
072647 HERRERA ENVIRONMENTAL 265849 26,912.491/15/2025
079799 HERVEY, KATHLEEN 265850 1,000.001/15/2025
078923 HKA GLOBAL INC 265851 19,250.001/15/2025
067862 HOME DEPOT CREDIT SERVICES 265852 863.951/15/2025
061013 HONEY BUCKET 265853 581.901/15/2025
060165 HWA GEOSCIENCES INC 265854 9,495.901/15/2025
076917 JACOBS ENGINEERING GROUP INC 265855 5,802.751/15/2025
072422 JE HORTON INTERPRETING SVCS 265856 520.001/15/2025
015280 JONES, KENTON 265857 4,055.831/15/2025
078794 JR SMOOTS CONSULTING LLC 265858 200.001/15/2025
079478 KASHFIA, SASSAN 265859 130.001/15/2025
072650 KCDA PURCHASING COOPERATIVE 265860 254.221/15/2025
079801 KIM, JOO MI 265861 600.001/15/2025
079524 KIMLEY-HORN & ASSOCIATES INC 265862 21,235.501/15/2025
067568 KPG PSOMAS INC 265863 53,806.351/15/2025
079769 LAW OFFICE SAM SOMMERMAN PLLC 265864 835.001/15/2025
073603 LIGHTHOUSE LAW GROUP PLLC 265865 57,067.351/15/2025
075149 LIM, VANNARA 265866 130.001/15/2025
067235 MARYS TOWING INC 265867 328.191/15/2025
020900 MILLERS EQUIP & RENT ALL INC 265868 418.771/15/2025
076264 MONO ROOFTOP SOLUTIONS 265869 25,359.751/15/2025
064024 NAT'L ASSOC FOR COURT MNGMNT 265870 150.001/15/2025
079798 NDEKERE, BERNARD G 265871 130.001/15/2025
064215 NORTHWEST PUMP & EQUIP CO 265872 2,611.141/15/2025
065332 NVL LABORATORIES INC 265873 3,090.001/15/2025
072739 O'REILLY AUTO PARTS 265876 436.101/15/2025
076902 OCCUPATIONAL HEALTH CTR OF WA 265874 123.001/15/2025
026015 OLYMPIC BALLET THEATRE 265875 4,700.001/15/2025
078127 OWENS PUMP & EQUIPMENT 265877 2,857.761/15/2025
075735 PACIFIC SECURITY 265878 4,462.051/15/2025
069873 PAPE MACHINERY INC 265879 14.771/15/2025
065051 PARAMETRIX INC 265880 945.001/15/2025
079793 PATRICIA KYRILOV 265881 3,370.001/15/2025
027450 PAWS 265882 816.001/15/2025
079464 PERKINS EASTMAN ARCHITECTS DPC 265883 5,600.001/15/2025
062296 PETTY CASH 265884 52.781/15/2025
071783 PIGSKIN UNIFORMS 265885 819.931/15/2025
029117 PORT OF EDMONDS 265886 4,567.651/15/2025
076909 POWER DMS INC 265887 9,121.671/15/2025
079020 PRECISION LANGUAGE SERVICES 265888 390.001/15/2025
074712 RAINIER ENVIRONMENTAL LAB 265889 950.001/15/2025
076720 REFUGEE & IMMIGRANT SVC NW 265890 400.001/15/2025
061540 REPUBLIC SERVICES #197 265891 1,973.721/15/2025
Page: 2
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1/15/2025 3:23:41PM
Positive Pay Listing
City of Edmonds
apPosPay Page: 3
Document group:jacobson
Vendor Code & Name Check #Check Date Amount
079607 ROMERO, STACEY F 265892 260.001/15/2025
079618 RS AMERICAS INC 265893 413.931/15/2025
079387 SAYBR CONTRACTORS INC 265894 9,389.271/15/2025
076328 SCJ ALLIANCE 265895 51,422.471/15/2025
070495 SEPULVEDA, PABLO 265896 130.001/15/2025
068132 SHORELINE CONSTRUCTION CO 265897 950.001/15/2025
068132 SHORELINE CONSTRUCTION CO 265898 381.231/15/2025
036955 SKY NURSERY 265899 1,074.561/15/2025
060889 SNAP-ON INDUSTRIAL 265900 684.561/15/2025
075543 SNO CO PUBLIC DEFENDER ASSOC 265901 2,474.001/15/2025
037375 SNO CO PUD NO 1 265902 1,726.911/15/2025
072776 SNOHOMISH CONSERVATION DIST 265903 9,889.691/15/2025
076433 SNOHOMISH COUNTY 911 265904 84,231.001/15/2025
070167 SNOHOMISH COUNTY TREASURER 265905 156.031/15/2025
037303 SO SNOHOMISH CO FIRE & RESCUE 265906 959,553.001/15/2025
079795 SOISET, ROWAN 265907 1,200.001/15/2025
075700 SONESSA, MERGIA 265908 260.001/15/2025
079797 SOVA CONSULTING LLC 265909 4,000.001/15/2025
079796 SWEETS BY TYLER 265910 50.001/15/2025
065578 SYSTEMS INTERFACE INC 265911 4,414.481/15/2025
067868 TANKNOLOGY INC 265912 447.101/15/2025
079136 THE GORDIAN GROUP INC 265913 7,043.441/15/2025
066056 THE SEATTLE TIMES 265914 486.201/15/2025
068141 TRANSPO GROUP 265915 34,297.631/15/2025
078801 TYLER BUSINESS FORMS 265916 536.271/15/2025
044960 UTILITIES UNDERGROUND LOC CTR 265917 242.881/15/2025
069751 VESTIS 265918 132.151/15/2025
069816 VWR INTERNATIONAL INC 265919 73.921/15/2025
078314 WASTE MGMT DISPOSAL SVC OF OR 265920 81,784.151/15/2025
075635 WCP SOLUTIONS 265921 228.081/15/2025
079738 WENDY WARMAN CONSULTATION &265922 270.001/15/2025
069691 WESTERN SYSTEMS 265923 29,253.291/15/2025
011900 ZIPLY FIBER 265924 92.771/15/2025
Total count: 140
GrandTotal: 2,296,362.70
Page: 3
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1/22/2025 2:26:55PM
Positive Pay Listing
City of Edmonds
apPosPay Page: 1
Document group:jacobson
Vendor Code & Name Check #Check Date Amount
076040 911 SUPPLY INC 265925 138.841/22/2025
001528 AM TEST INC 265926 390.001/22/2025
001702 AWC EMPLOY BENEFIT TRUST 265927 1,061.591/22/2025
002100 BARNARD, EARL 265928 380.861/22/2025
075217 BASLER, ANTHONY C 265929 130.001/22/2025
073029 CANON FINANCIAL SERVICES 265930 280.061/22/2025
035160 CITY OF SEATTLE 265931 34.901/22/2025
070323 COMCAST BUSINESS 265932 65.011/22/2025
046150 DEPARTMENT OF LABOR & INDUSTRY 265933 114.101/22/2025
079614 DRY BOX INC 265934 165.751/22/2025
007253 DUNN LUMBER 265935 141.521/22/2025
008705 EDMONDS WATER DIVISION 265936 35,799.901/22/2025
075200 EDUARDO ZALDIBAR 265937 390.001/22/2025
008812 ELECTRONIC BUSINESS MACHINES 265938 197.581/22/2025
009350 EVERETT DAILY HERALD 265939 25.801/22/2025
072493 FIRSTLINE COMMUNICATIONS INC 265940 292.831/22/2025
069567 FOSSIL INDUSTRIES INC 265941 1,845.001/22/2025
012199 GRAINGER 265942 245.001/22/2025
077496 HEADLIGHT TECHNOLOGIES INC 265943 15,276.181/22/2025
067862 HOME DEPOT CREDIT SERVICES 265944 85.991/22/2025
061013 HONEY BUCKET 265945 2,302.461/22/2025
079573 JUVVAL TECH LLC 265946 200.001/22/2025
074158 LASER UNDERGROUND & EARTHWORKS 265947 5,891.711/22/2025
075159 LIFE INSURANCE CO OF NO AMER 265948 16,234.351/22/2025
067235 MARYS TOWING INC 265949 328.191/22/2025
020900 MILLERS EQUIP & RENT ALL INC 265950 544.501/22/2025
076895 MOREHEAD, LOUISE 265951 130.001/22/2025
067834 NATIONAL CONSTRUCTION RENTALS 265952 192.271/22/2025
063750 ORCA PACIFIC INC 265953 2,316.061/22/2025
027060 PACIFIC TOPSOILS INC 265954 2,639.001/22/2025
074793 PETDATA INC 265955 1,575.001/22/2025
028860 PLATT ELECTRIC SUPPLY 265956 170.221/22/2025
079020 PRECISION LANGUAGE SERVICES 265957 260.001/22/2025
079646 PROCOM LLC 265958 72.001/22/2025
030400 PUGET SOUND CLEAN AIR AGENCY 265959 46,463.001/22/2025
061540 REPUBLIC SERVICES #197 265960 1,479.451/22/2025
079175 RING, KIM 265961 34.301/22/2025
079523 RUSTED ELEMENT DESIGN 265962 264.001/22/2025
079763 SANDAG SOLUTIONS 265963 130.001/22/2025
063306 SHERWIN-WILLIAMS 265964 207.311/22/2025
036955 SKY NURSERY 265965 592.261/22/2025
037375 SNO CO PUD NO 1 265966 11,925.881/22/2025
063941 SNO CO SHERIFFS OFFICE 265967 44,820.921/22/2025
006630 SNOHOMISH COUNTY 265968 614.001/22/2025
079802 THE CANINE RESOURCE CENTER INC 265969 225.001/22/2025
066056 THE SEATTLE TIMES 265970 1,750.001/22/2025
072649 THE WIDE FORMAT COMPANY 265971 254.151/22/2025
072649 THE WIDE FORMAT COMPANY 265980 232.051/22/2025
041960 TOWN & COUNTRY FENCE INC 265972 8,215.121/22/2025
074800 TURNSTYLE INC 265973 200.001/22/2025
069751 VESTIS 265974 301.041/22/2025
067195 WASHINGTON TREE EXPERTS 265975 3,978.001/22/2025
045912 WASPC 265976 3,000.001/22/2025
Page: 1
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1/22/2025 2:26:55PM
Positive Pay Listing
City of Edmonds
apPosPay Page: 2
Document group:jacobson
Vendor Code & Name Check #Check Date Amount
077286 WSP USA INC 265977 4,299.761/22/2025
071634 ZAYO GROUP LLC 265978 2,235.461/22/2025
011900 ZIPLY FIBER 265979 2,472.051/22/2025
Total count: 56
GrandTotal: 223,610.42
Page: 2
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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.
8.6
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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
8.6
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Incorporated August 11, 1890
Sister City - Hekinan, Japan
BUILDING USE AGREEMENT
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
CITY OF EDMONDS
700 MAIN ST | EDMONDS, WA 98020 | 425.771.0230 | FAX 425.771.0253 MIKE ROSEN
PARKS, RECREATION AND HUMAN SERVICES DEPARTMENT MAYOR
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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 (10th) 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.
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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.
8.6.a
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Incorporated August 11, 1890
Sister City - Hekinan, Japan
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.
8.6.a
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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
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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 LESSEE: OLYMPIC BALLET THEATRE
Mike Rosen, Mayor Oleg Gorboulev, Board Member
ATTEST/AUTHENTICATED: Mailing Address
City State Zip
Scott Passey, City Clerk Phone
APPROVED AS TO FORM: Email
Office of the City Attorney
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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:
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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
8.7
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SR-524 @ 9th Ave. N
Walnut @ 7th Ave. S Hwy 99 @ 216th
84th @ 236th 76th @ Interurban
Note: additional priority locations
(as identified as part of the City’s
Lighting Study) may be included
as funding allows.
8.7.a
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Citywide Lighting Improvements
January 21, 2025
Committee Meeting
8.7.b
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•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
8.7.b
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8.7.b
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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
8.7.b
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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
8.8
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City of Edmonds
C-P-139(004)-1
7th Avenue N Pedestrian Improvements
Bell St to Caspers St(SR 524)
STATE OF WASHINGTON
TRANSPORTATION IMPROVEMENT BOARD
AND
City of Edmonds
AGREEMENT
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
8.8.a
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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
be delayed or scheduled in a payment plan.
5.0 TERM OF AGREEMENT
This Agreement shall be effective upon execution by TIB and shall continue through closeout of
the grant or until terminated as provided herein, but shall not exceed 10 years unless amended
by the Parties.
6.0 AMENDMENTS
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 TIB 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:
8.8.a
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a) RECIPIENT is not making reasonable progress toward correction and
compliance.
b) TIB denies the RECIPIENT’s request to amend the Project.
c) After investigation TIB confirms RECIPIENT’S non-compliance.
TIB reserves the right to order RECIPIENT to immediately stop work on the Project and
TIB may stop Project payments until the requested corrections have been made or the
Agreement has been terminated.
9.3 TERMINATION
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.
8.8.a
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12.0 INDEPENDENT CAPACITY
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.
13.0 INDEMNIFICATION AND HOLD HARMLESS
The PARTIES agree to the following:
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.
8.8.a
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15.0 ENTIRE AGREEMENT
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
PARTIES.
16.0 RECORDS MAINTENANCE
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
By:
Signature on file
Guy Bowman
Assistant Attorney General
Lead Agency Transportation Improvement Board
Chief Executive Officer Date Executive Director Date
Print Name Print Name
8.8.a
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Project Limits
Bell St.DOWNTOWN
EDMONDS
CITY
PARK
Holy Rosary
Church
and School
Frances Anderson
CenterEdmonds
Library
Existing Crosswalk
8.8.b
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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:
8.9
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DRAFT PAWS Animal Kenneling Services Agreement 1.8.2025
8.9
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City of Edmonds
121 FIFTH AVENUE N. ● EDMONDS, WA 98020 ● 425-771-0251
MIKE ROSEN
MAYOR
1
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
WHEREAS, the City and PAWS desire to enter into a contract defining the rights and
responsibilities of PAWS and the City with respect to animal kenneling;
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 party 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 party. “Cause” shall mean the
material breach by the other party of any provision of this Agreement. Upon
8.9.a
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2025 Animal Kenneling Services Agreement, Page 2
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
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 /
billing shall be considered for payment that is not sufficiently detailed to verify
validity thereof, and 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. Record Retention. 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.
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.
8.9.a
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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
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 the City, 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 PAWS. The provisions of this section shall prevail over
any conflicting provision in this Agreement and shall apply to damages or claims resulting
from the concurrent negligence of the parties to the extent of each party’s negligence.
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.
8.9.a
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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
experience to perform the services required by this Agreement. PAWS and any persons
employed by PAWS shall use their best efforts to perform the work in a professional manner
consistent with sound practices, in accordance with the usual and customary professional
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
8.9.a
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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/o Scott Passey, City Clerk c/o Jennifer Convy, Senior Director of Wildlife,
City of Edmonds Companion Animal and Education Services
121 Fifth Avenue North Progressive Animal Welfare Society, Inc.
Edmonds, WA 98020 PO Box 1037
425-775-2525 Lynnwood, WA 98046
425-412-4031
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
8.9.a
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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 Majeure. 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.
CITY OF EDMONDS PROGRESSIVE ANIMAL WELFARE SOCIETY
Mike Rosen, Mayor Heidi Wills Yamada, CEO
____________________________________
Jennifer Convy, Senior Director of Wildlife,
Companion Animal and Education Services
ATTEST/AUTHENTICATED:
Scott Passey, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
8.9.a
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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
My commission expires:
8.9.a
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Exhibit 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
of disease, PAWS will follow medical protocols for vaccines and parasite prevention as established
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
reimbursement for such services from the animal’s owner and not from the City; unless the City
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
facility operated by PAWS, releasing animals to owners, taking photographs of animals to post
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
microchipping services in conjunction with its adoption services, and not as part of its kenneling
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;
and all adopted animals will be microchipped, spayed or neutered, provided it is deemed medically
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.
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
8.9.a
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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
any animal before seventy-two (72) hours upon receipt of receiving said animal from the City,
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
procedures established by the City or has been designated by an agent of the City or such
veterinarian as an inappropriate candidate for surgery, as such term is defined in Chapter 5.05
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.
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
proceedings of which it has notice and relating to the disposition of that animal are pending or in
contravention of any court order of which it has notice.
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 sol e
expense.
8.9.a
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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
to reduce future sheltering and animal control costs. The City may continue to support the
community’s movement to a safer and more humane environment by participating with PAWS as
follows:
a) The City will continue to ensure that information on lost/found pets and licensing information
is presented on the City website including appropriate links to PAWS and animal control
information.
b) The City may work with PAWS to be visible in the community through appropriate and
available city events and educational information.
8.9.a
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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 Tem Judge Ordinance
8.10
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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
strikethrough):
2.15.030 Judges – Appointment – Qualifications.
A. The municipal judge shall be appointed by the mayor for a term of four years, subject
to the confirmation by the city council. The first judicial appointment to the position of
mayor was effective on January 1, 1986, and the municipal judge shall serve a four-year
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term commencing upon the date of his or her appointment. The mayor shall endeavor to
make his or her appointment 30 days prior to the expiration of each judicial term;
provided, however, that if the city council fails to confirm a mayoral appointment, the
mayor and city council shall have 60 days commencing upon either the expiration of the
pending judicial term or the failure of the city council to confirm the mayoral
appointment, whichever shall later occur. In the event that for any reason the mayoral
appointment is not confirmed, the incumbent municipal judge shall hold over and
continue in office until such time as a successor is appointed.
B. 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 appoint a
municipal judge pursuant to subsection A of this section for a term beyond December 31,
2009. 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
strikethrough):
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 duly appointed judge of the court, or subsequent
to the filing of an affidavit of prejudice, or in addition to the appointed judge when the
administration of justice and accomplishment of the work of the court make it necessary.
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
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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 appointed 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:
BY
JEFF TARADAY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
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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 ________________, 2025.
CITY CLERK, SCOTT PASSEY
4840-7251-8158, v. 1
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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
8.11
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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
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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.
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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 party. 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.
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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
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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. Incumbent(s) 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.
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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.
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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.
8.11.a
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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 20 lbs.
Hazards:
• Contact with angry or potentially upset individuals.
8.11.a
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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. Incumbent(s) 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.
8.11.b
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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.
8.11.b
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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:
8.11.b
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4
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 20 lbs.
Hazards:
• Contact with angry or potentially upset individuals.
8.11.b
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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
8.12
Packet Pg. 112
CITY OF EDMONDS
121 5TH AVENUE NORTH · EDMONDS, WA 98020 · 425-771-0248 · FAX 425-771-0254
Website: www.edmondswa.gov
CITY COUNCIL
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 for two hours (at 5:00pm) 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:
• 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.
8.12.a
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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 ECC 2.05.035 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 2nd and 4th Monday Chen
Seashore Transportation Forum Paine
SNOCOM 911 3rd Thursday Eck
Snohomish County Tomorrow
Alternate: Olson
Nand
Salmon Recovery – WRIA 8 Dotsch
8.12.b
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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 strike-through):
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 76:00 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 109:00
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 finance; parks and public works
(“PPW”); public safety, planning, human services, and personnel (“PSPHSP”). Regular
meetings of the city council standing committees shall be held at the following dates and
8.12.c
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times: Committee A on the first Tuesday of each month from 3:00 pm 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 the third
Tuesday of every 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 respective regular committee meeting times shall be as
follows: (1) PSPHSP shall commence at 3:30 p.m. and end at 5:30 p.m.; (2) finance shall
commence at 5:30 p.m. and end at 7:30 p.m.; and (3) PPW shall commence at 1:30 p.m.
and end at 3:30 p.m. Recordings of city council standing committee meetings shall be made
and posted online.
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.
BC. 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.
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CD. 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.
DE. 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 any regular meeting of the committee by the consent of a majority 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:
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BY
JEFF TARADAY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
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5
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 _____________, 2025.
CITY CLERK, SCOTT PASSEY
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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.
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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
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CITY OF EDMONDS
121 5TH AVENUE NORTH · EDMONDS, WA 98020 · 425-771-0220 · FAX 425-672-5750
Website: www.edmondswa.gov
MIKE ROSEN
MAYOR
1
PROFESSIONAL SERVICES
AGREEMENT
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.
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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.
Docusign Envelope ID: E1DBD138-18B6-4F46-A72B-9386242DB7AEDocusign Envelope ID: 91D979CE-B03B-41C6-AB79-C5D10B173226
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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
Docusign Envelope ID: E1DBD138-18B6-4F46-A72B-9386242DB7AEDocusign Envelope ID: 91D979CE-B03B-41C6-AB79-C5D10B173226
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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 213th 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 _____ day of August 2024.
CITY OF EDMONDS CONSULTANT
Mike Rosen, Mayor Phil Williams
ATTEST/AUTHENTICATED:
________________________________
Scott Passey, City Clerk
APPROVED AS TO FORM:
________________________________
Office of the City Attorney
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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:
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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.
Docusign Envelope ID: E1DBD138-18B6-4F46-A72B-9386242DB7AEDocusign Envelope ID: 91D979CE-B03B-41C6-AB79-C5D10B173226
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• 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.
Docusign Envelope ID: E1DBD138-18B6-4F46-A72B-9386242DB7AEDocusign Envelope ID: 91D979CE-B03B-41C6-AB79-C5D10B173226
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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, cost/benefit and other
types of decision analysis.
• Utilizing personal computer software programs and other relevant software affecting assigned work
and in compiling and preparing spreadsheets.
Docusign Envelope ID: E1DBD138-18B6-4F46-A72B-9386242DB7AEDocusign Envelope ID: 91D979CE-B03B-41C6-AB79-C5D10B173226
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• 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 12th to September 11th
September 12th to October 11th
October 12th to November 11th
November 12th to December 11th
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.
Docusign Envelope ID: E1DBD138-18B6-4F46-A72B-9386242DB7AEDocusign Envelope ID: 91D979CE-B03B-41C6-AB79-C5D10B173226
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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
(“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 ONE HUNDRED FIFTY THOUSAND DOLLARS
($150,000.00) ($100,000 + $50,000).
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 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.
Docusign Envelope ID: 0D0D8394-5BBA-4C66-8227-4FB6478A515E
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DATED this _____ day of December 2024.
CITY OF EDMONDS CONSULTANT
Mike Rosen, Mayor Phil Williams
ATTEST/AUTHENTICATED:
Scott Passey, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
Docusign Envelope ID: 0D0D8394-5BBA-4C66-8227-4FB6478A515E
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Has the original contract boilerplate language been modified? Yes No
If yes, specify which sections have been modified:
Description
of Services:
Type of Contract: (GR) Grants (I) Intergovernmental Agreement (L) Lease Agreement
Project/Bid/RFP No:
(S) Purchase of Services (W) Public Works (O) Other
Effective Date: Completion Date:
Originator: Routed by:
Department/Division: Date:
Name of Consultant/Contractor:
CONTRACT TITLE:
Total Amount of Contract:
Budget # Amount: Budget # Amount:
Budget # Amount: Budget # Amount:
Budget # Amount: Budget # Amount:
Are there sufficient funds in the current budget to cover this contract? Yes No
Remarks:
Authorization Level:
Project Manager
Risk Management/Budget
City Attorney
Consultant/Contractor
Other
City Council Approval
Date (if applicable)
Mayor
City Clerk
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CONTRACT ROUTING FORM
No.
(City Clerk Use Only)
Jessica Neill Hoyson RaeAnn Duarte
HR 12/3/2024
Phil Williams
Professional Services Agreement - Interim Public Works Director
Interim Public Works Director
$150,000
08/12/2024 02/12/2025
4
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Docusign Envelope ID: 0D0D8394-5BBA-4C66-8227-4FB6478A515E
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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. 1”); 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
incorporated by this reference as if fully set forth herein, is further amended in, but only in, the
following respects:
A. Increase in Compensation. Section 2.A. of the Underlying Agreement
(“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.
9.2.c
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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:
Scott Passey, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
9.2.c
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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)
9.3
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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
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City of Edmonds
Frances Anderson Center
IGA Report -January 2025
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Facility Snapshot:
•Historical facility important to community
•Houses the office spaces for city staff
•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
City Goals:
•Tier 1.C Facility – 51,470 sqft
•CBPS Legislation – Reporting & compliance by 6/1/28
•CAP – Supports city goal of carbon neutrality by 2050
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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
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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
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Frances Anderson Center
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
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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)
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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)
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Frances Anderson Center
DOAS System:
•Provides dedicated outdoor air to the space to meet
ventilation requirements
•Ensures safe air quality and comfort for occupants
Extract
Supply
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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
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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)
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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.C 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
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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.
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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 over time, 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:
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"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,
9.4
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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
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1 STEP 101 FACTSHEET – JULY 2024
V3.1
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).1In 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?
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.
HOUSING DIVISION
STEP COMMUNICATIONS TOOLKIT FOR ALL AUDIENCES
Future housing needs by area median income (AMI) groups
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2 STEP 101 FACTSHEET – JULY 2024
V3.1
ARE THE CORE CAUSES OF
RISE IN HOMELESSNESS
Rent prices soared and housing vacancy rates
dropped. However, at the same time, workforce
participation grew, Gross Domestic Product grew and
wages increased.
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.
RISING RENTS AND A LACK OF
HOUSING SUPPLY
FROM 2007-2023,
WASHINGTON EXPERIENCED 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:
Develop policies to plan for and
accommodate housing affordable to all
economic segments,
Allow sufficient zoning capacity for these
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.
$16.28 state
minimum
wage per hour
According to
federal estimates,
to afford rent for
a two-bedroom
home in
Washington: $36.33 $75,556
a household must
have an annual
income of
or an average
hourly rate of
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3 STEP 101 FACTSHEET – JULY 2024
V3.1
Benefits of STEP
Reduces the number of people living and sleeping in unsafe conditions and public spaces
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
involved with the justice system, and adults with intellectual and developmental disabilities.
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
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
Law Relevance to STEP
Growth Management Act:
RCW 36.70A.070(2)
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.
RCW 35.21.683 and RCW
35A.21.430
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.
RCW 36.130.020
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.
RCW 36.70A.545
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.
RCW 35.21.915, RCW
35A.21.360, and RCW
36.01.290
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.
RCW 36.70A.540
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.
9.4.a
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4 STEP 101 FACTSHEET – JULY 2024
V3.1
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
listed as a conditional use. This means STEP projects face
additional regulations that typically involve a longer local
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 use2 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.
Expedite permitting processes for STEP projects, thereby
providing quicker, more predictable timelines that help
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
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, 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.
Streamlines permitting
Encourages STEP development
Reduces work for local government staff
Speeds up local processes
Encourages STEP development
Limits discretionary approval processes
Reduces work for local government staff
Provides quicker and more predictable
development timelines
Prevents cost increases caused by project
delays
Keeps rents affordable for low-income
households
Increases STEP production
Furthers sustainability
Promotes inclusivity and accessible services
Provides access to transportation
Increases employment opportunities
Enhances overall wellbeing
9.4.a
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v3.5
MODEL ORDINANCE AND COMMUNICATIONS TOOLKIT FOR STEP
9.4.b
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STEP STATE OF THE PRACTICE - JULY 2024 2
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 Hà, 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
9.4.b
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STEP STATE OF THE PRACTICE - JULY 2024 3
Contents
Executive Summary ..................................................................................................................................... 4
Promising Practices .................................................................................................................................................. 4
Chapter 1: Introduction ................................................................................................................................ 7
Chapter 2: Background ................................................................................................................................ 9
Scale of Housing Needs in Washington State ......................................................................................................... 9
Drivers of Homelessness in Washington State ....................................................................................................... 9
Benefits of 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
Planning Regionally for STEP ................................................................................................................................. 25
Accommodating and Regulating STEP Locally ..................................................................................................... 27
Permitting STEP....................................................................................................................................................... 29
Barriers to STEP Development ............................................................................................................................... 32
Promising Practices ................................................................................................................................................ 33
Appendices ............................................................................................................................................... 35
Other Potentially Relevant Laws and Definitions .................................................................................................. 35
Licensing Requirements for Transient Accommodations and Crisis Shelters ................................................... 36
Related Case Law .................................................................................................................................................... 36
9.4.b
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STEP STATE OF THE PRACTICE - JULY 2024 4
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
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.1
1 The Los Angeles County Homeless Initiative. Do's and Don'ts for Emergency Shelter Zoning. https://homeless.lacounty.gov/wp-
content/uploads/2017/11/SB-2-Dos-and-Donts.pdf
9.4.b
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STEP STATE OF THE PRACTICE - JULY 2024 5
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.
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.
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, 3
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://kingcounty.gov/en/legacy/depts/community-human-services/initiatives/health-through-
housing#:~:text=The%20Health%20Through%20Housing%20%28HTH%29%20Initiative%20is%20an,people%20experiencing%20or%20a
t%20risk%20of%20chronic%20homelessness.
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.
9.4.b
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STEP STATE OF THE PRACTICE - JULY 2024 6
select Limited Areas of More Intense Rural Development (LAMIRDs) if enough support services,
transportation and infrastructure services are available.
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.
9.4.b
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STEP STATE OF THE PRACTICE - JULY 2024 7
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:
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)
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)
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)
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.
9.4.b
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STEP STATE OF THE PRACTICE - JULY 2024 8
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.
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.
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.
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 Abt 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.
Report Contents
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.
9.4.b
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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.7, 8
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.9 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
7 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.gov/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.org/oor
11 Washington Department of Labor & Industries. Minimum Wage. 2024. www.lni.wa.gov/workers-rights/wages/minimum-wage/
9.4.b
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STEP STATE OF THE PRACTICE - JULY 2024 10
homelessness, with a 19.9% rise from 2007 to 2023.12 This trend is driven mainly by rising rental costs, which
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.html
13 Washington State Department of Commerce. Drivers of Homelessness in Washington State. 2018.
www.youtube.com/watch?v=X8NUHqpPf-U
9.4.b
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STEP STATE OF THE PRACTICE - JULY 2024 11
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.
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:
Provides support services aiding participants in maintaining stable housing.
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/ChapinHall_VoYC_Education-Brief.pdf
15 Public benefit income is Income that is received from public sources such as Medicare, social security, disability, SNAP, Housing and
Essential Needs (HEN), etc.
50.5%
17.1%
4.5%
13.2%
19.8%
5.5%
76.8%
14.0%
10.5%
2%
4.6%
White
Hispanic or Latino
Asian
Native American or Alaska Native
Black or African American
Native Hawaiian/Pacific Islander
Chart 1: Racial Disparities in Homelessness
in Washington state
% of Washington state total Population % of Washington state Homeless Population
9.4.b
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Improves participants' mental and physical health through timely medical care, access to mental health
care and preventive care.
Enhances participants' employment prospects and incomes, fostering social connections.
Reduces the likelihood of participants being incarcerated.
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
plumbing and electrical practices, insulation, weather 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 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
possible building forms in which shelters can be provided, as indicated in Table 1. "Indoor" implies buildings
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.
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. These non-standard housing types
could include, for example, safe parking, pallet shelters and other non-standard projects that offer occupants
sanitation services, connections to community services and support in finding permanent housing.
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 2026.17 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.
9.4.b
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Table 1 - STEP Building Structure Types and Forms
Type and Form
"S"
Emergency Shelters
"T"
Transitional Housing
"E"
Emergency Housing
"P"
Permanent Supportive
Housing
Single-site Congregate Living Y Y Y
Scattered-site Apartments Y Y Y Y
Tiny Homes* as defined in RCW 35.21.686,
or Small Cottages**
Y Y Y Y
Tiny Homes on Wheels, as defined in RCW
35.21.686
Y Y Y Y
Tiny Shelters,*** including Prefabricated
Shelter and Containers (e.g., pallet shelters)
Y Y
Park Model Homes as defined in RCW
59.20.030(20)
Y Y Y Y
Manufactured Home as defined in RCW
59.20.030(9)
Y Y Y Y
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.
9.4.b
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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
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
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.
9.4.b
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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
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
assistance funding, agencies must participate in an HMIS that allows them to collect and report on the specific
data elements outlined in the HMIS Data and Technical Standards.
Homeless, homeless individual and homeless person, as defined by federal law and HUD, means—
(1) an individual or family who lacks a fixed, regular and adequate nighttime residence;
(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
building, bus or train station, airport or camping ground;
(3) an individual or family living in a supervised publicly or privately operated shelter designated to provide
temporary living arrangements (including hotels and motels paid for by Federal, State or local government
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
9.4.b
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(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.
9.4.b
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Washington state laws that specifically apply to STEP
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
should document its share of the countywide housing need by income level in its comprehensive plan's
housing element and show that it has sufficient land capacity for these needs in a land capacity analysis.
The Growth Management Act and RCWs 35A.21 and 35.21 establish minimum requirements to meet state
law for STEP. Cities may only impose reasonable occupancy, spacing and intensity of use limits on
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
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.
Consistent with RCW 35.21.683 and RCW 35A.21.430, city code must allow permanent supportive and
transitional housing in any zones in which residential dwelling units or hotels are allowed. This requirement
includes traditional single-family detached housing zones.
Consistent with RCW 35.21.683 and RCW 35A.21.430, city code 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. Even if a jurisdiction does not allow hotels in any
zone, they must allow the siting of a sufficient number of indoor emergency shelter beds and/or
emergency housing units to meet their allocation.
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
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.
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)).
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
9.4.b
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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). Jurisdictions looking for assistance should consult their
building official/applicable building codes.
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.
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, 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
Management Information System (RCW 35.21.915(5)).
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
program under RCW 36.70A.540 or any other program involving bonus density, transfer of development
rights, waiver of development regulations or fees or other development incentives.
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
advised to add local regulations to create a community protection zone.
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).
Restrictions and requirements imposed on the siting, development and operations of STEP must not
violate civil rights protections provided by the Washington Law Against Discrimination, as well as the
federal Fair Housing Act and the Americans with Disabilities Act, in RCW 49.60.222 specifically (1)(f) and
(2)(a), (b) and (c). Individuals experiencing homelessness or at risk of homelessness are disproportionately
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.
Permanent supportive housing and other types of housing that require leases must adhere to the
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
must have good cause for evicting a tenant (e.g., not paying rent, missing a payment under an installment
plan, not following the rental agreement or drug-related or gang-related activity).
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
environmental values are part of state and local decision-making.
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.
9.4.b
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Federal laws
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
are race, color, national origin, religion, sex (including gender identity and sexual orientation), familial status
and disability.
The Americans with Disabilities Act prohibits discrimination against individuals with disabilities and
provides enforceable standards to address discrimination, including accessible design standards for newly
constructed and renovated state and federal facilities, public accommodations and commercial buildings.
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
a person, including a religious assembly or institution, unless the government demonstrates that
imposition of the burden on that person, assembly, or institution (a) is in furtherance of a compelling
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.
Table 2 - STEP Types and Applicable Laws
STEP Types and Applicable Laws
"S"
Emergency
Shelters
"T"
Transitional
Housing
"E"
Emergency
Housing
"P"
Permanent
Supportive
Housing
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.
Y Y Y Y
RCW 35.21.683 and RCW 35A.21.430 states that cities shall not prohibit indoor emergency
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.
Y Y Y Y
RCW 35.21.689 and RCW 35A.21.305 require cities to allow permanent supportive housing
in areas where multifamily housing is permitted.
Y
RCW 36.130.020 prohibits any local government from having requirements on an
affordable housing development that are different from the requirements imposed on
housing developments generally.
Y* Y* Y
RCW 35.21.682, RCW 35A.21.314 and RCW 36.01.227 prohibit any local government from
having requirements related to unrelated persons that may occupy a unit.
Y Y Y Y
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.
Y* Y* Y
RCW 35.21.915, RCW 35A.21.360 and RCW 36.01.290 any local government regulatory
limits on encampments, safe parking, overnight shelters, and temporary small houses on
property owned or controlled by a religious organization.
Y Y
RCW 36.70A.540 gives authority to local governments to offer incentives in exchange for
providing development for low-income housing units.
Y* Y* Y
9.4.b
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STEP Types and Applicable Laws
"S"
Emergency
Shelters
"T"
Transitional
Housing
"E"
Emergency
Housing
"P"
Permanent
Supportive
Housing
RCW 36.70A.070(2)(c) requires fully planning local governments to document how they
have sufficient land use capacity for all future housing needs by income level.
Y** Y Y
RCW 36.70A.210(3)(e) requires fully planning counties to have countywide planning
policies that consider the need for housing for all economic segments and the parameters
for its distribution.
Y Y Y Y
RCW 9.94A.020(6) regulates where level two and three sex offenders may not live. Y Y Y Y
RCW 36.70A.390 states public hearing requirements for moratoria and interim zoning
control are not applicable to regulations that 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.
Y Y Y Y
Washington Law Against Discrimination prohibits requirements imposed on STEP that
violate civil rights protections.
Y Y Y Y
Washington State Residential-Landlord Tenant Act includes laws landlords must follow. Y* Y* Y
Washington State Environmental Policy Act requires all branches of government in the
state to examine their laws' environmental impacts. At the local level, this requires an
assessment of comprehensive plans, development regulations, and project permits unless
specifically exempted by the act.
Y Y Y Y
Americans with Disabilities Act prohibits discrimination against individuals with
disabilities and provides enforceable standards to address discrimination.
Y Y Y Y
Fair Housing Act prohibits “neutral” policy that has a disproportionately adverse effect on
a protected class.
Y Y Y Y
Religious Land Use and Institutionalized Persons Act prevents the implementation of land
use regulations that impose a substantial burden on the religious exercise of a person.
Y Y Y Y
*Only applicable when the housing has a lease.
**Emergency shelters are grouped with emergency housing needs in Commerce's projected housing needs.
9.4.b
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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 Authority and the Department of
Social and Health Services.
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).
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.
9.4.b
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of projects are already required to meet. This consideration is important to ensure that local requirements and
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.
9.4.b
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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.24
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 AMI, 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.
9.4.b
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STEP STATE OF THE PRACTICE - JULY 2024 24
term rent assistance and housing stability services to prevent homelessness.25, 26 Each county also funds its
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:27
Housing and related services sales tax (RCW 82.14.530)
Affordable housing property tax levy (RCW 84.52.105)
REET 2 (RCW 82.46.035) – GMA jurisdictions only and only available through 2025
Lodging Tax (RCW 67.28.150 and RCW 67.28.160) to repay general obligation bonds or revenue bonds
Mental Illness and Drug Dependency Tax (RCW 82.14.460) – jurisdictions with a population over 30,000
Donating surplus public lands for affordable housing projects (RCW 39.33.015)
Impact fee waivers for affordable housing projects (RCW 82.02.060)
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:
Corporation for Supportive Housing offers predevelopment and acquisition financing for permanent
supportive housing projects.
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).
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.
25 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-housing-levy/
26 Seattle Office of Housing. City of Seattle celebrates affordable housing investments and anti-displacement achievements. The City of
Seattle. 2024. https://housing.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 Housing
Funding Sources for more details and the Association of Washington Cities (AWC)/MRSC booklet on Homelessness & housing toolkit
for cities (2022).
9.4.b
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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.30
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.
9.4.b
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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
32 Washington State Department of Commerce. Guidance and Data for Updating Housing Elements. Webinar. May 2023.
https://deptofcommerce.app.box.com/s/j3fqkx8x7brlstds3yv4gh7p9zwpure6
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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
local regulations and processes to permit STEP conflict with the state and federal laws noted in Chapter 3,
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.
Where to Allow STEP
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
communities still limit STEP in these areas, and others do not address certain types of STEP (e.g.,
emergency shelter and emergency housing) in their ordinances, which is inconsistent with state law.
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
other residential housing types do not have these same restrictions or criteria. Similar local regulations are
commonly applied to emergency shelter and emergency housing in commercial zones.
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
inconsistent with state law if this restriction is not clearly linked to public health and safety purposes.
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.
9.4.b
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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.545, 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:
Specific parking, setback and lot requirements
Required operations plans
Required coordination with local police and fire departments (e.g., developing safety plans)
Public noticing requirements
Required approaches for mitigating potential impacts on the project’s surrounding neighborhood
Requirements for what services and amenities must be available on-site
Minimum stay and eligibility criteria for tenants
Regular performance reporting requirements
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:
Contact information for staff key and their roles and responsibilities
A facility management plan, including security policies and an emergency management plan
Site and facility maintenance policies
Occupancy policies
Staffing plans and outcome measures for human and social services plan and outcome measures
A community engagement plan
Documentation of record-keeping processes
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.
9.4.b
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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, II, 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.34, 35 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
Type I Type II Type III
Approval Process Administrative Administrative Discretionary Quasi-Judicial
Description
Type I projects commonly only
require administrative approval
without public notice. Some
jurisdictions require only
administrative approval for
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.
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.
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.
Public Hearing No No, unless on appeal 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).
35 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.
9.4.b
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Type I Type II Type III
Appeal
Type I decisions may be
appealable depending on local
project processes.
Type II decisions are generally
appealable to a hearings examiner.
Type III decisions are generally
appealed to court under the Land
Use Petition Act (LUPA).
Some jurisdictions in Washington state still require a conditional-use permit for all STEP regardless of their
location, which is usually not consistent with state law for permanent supportive housing and transitional
housing (RCW 36.130.020). As conditional use projects, these must meet certain criteria and go through a
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.
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.
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
project's application stage, administrative staff conduct a thorough review of the project to ensure compliance
with all local requirements. Once the project is confirmed to be in compliance, a public hearing is held with a
hearing examiner who will issue the final decision. Based on feedback and questions from local jurisdictions to
the Department of Commerce, many communities are looking for solutions to reduce barriers for the siting and
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
9.4.b
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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.36
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
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-
housing-e4dcc62072d7
38 Tulalip Tribes. Village of Hope – Transitional Housing and Permanent Supportive Housing. www.tulaliptribes-
nsn.gov/Dept/VillageOfHope
39 Plymouth Housing. What’s it like inside a Plymouth building?. https://plymouthhousing.org/our-housing/tour-a-plymouth-building/
40 Catholic Charities Eastern Washington. www.cceasternwa.org/catalyst
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
9.4.b
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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:
Rising costs of land, labor, materials and insurance
High permit fees, impact fees and utility connection fees
Slow or limited capacity at local jurisdictions to process, permit and approve a proposed development
Lack of clear and accessible information on the permitting process
Limited developer and workforce capacity
NIMBY (Not-In-My-Backyard) attitudes
Neighborhood covenants and restrictions
Limited subsidized funding sources
Requirements to fund new infrastructure
Some local regulations and requirements may also create barriers for STEP development, including, but not
limited to:
Unclear development regulations and regulations inconsistent with state and federal laws (e.g., Fair
Housing Laws)
Requirements for STEP that are different from those for general housing development
Conditional use permits, design review requirements and discretionary review processes
Spacing requirements (e.g., minimum distances from parks, schools or other facilities)
Limiting maximum densities or floor area ratios
Excessive off-street parking requirements, building height limits and ground-floor retail requirements
Facility, operating and reporting requirements
Requirements for coordination with local police and fire departments
Arbitrary limits on occupants or operation times
Restrictions on support spaces, such as office space, within a permanent supportive housing building in a
residential zone
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.org/a-safe-place-to-stay.html
9.4.b
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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.
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
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.
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.
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/wp-
content/uploads/2017/11/SB-2-Dos-and-Donts.pdf
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Redmond, Sammamish and Seattle. King County established the Health Through Housing 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.43, 44
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.
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://kingcounty.gov/en/legacy/depts/community-human-services/initiatives/health-through-
housing#:~:text=The%20Health%20Through%20Housing%20%28HTH%29%20Initiative%20is%20an,people%20experiencing%20or%20a
t%20risk%20of%20chronic%20homelessness.
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.
9.4.b
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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 I) 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 71A.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
9.4.b
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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.
9.4.b
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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
45 Corporation Supportive Housing. Supportive Housing and Olmstead: State of the Conversation. February 2024. www.csh.org/wp-
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.
9.4.b
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In 2023, the City of Federal Way denied an application from Catholic Community Services for the change of 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
compliance with the GMA.50
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
shelters and emergency housing.51 The superior court dismissed the case without trial, affirming the hearing
examiner's earlier decision.
48 FWRC 19.220.105. Emergency Housing and Shelter.
https://www.codepublishing.com/WA/FederalWay/html/FederalWay19/FederalWay19220.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(2).
51 Case 23-2-15583-1 SEA. Catholic Community Services of Western Washington vs. City of Federal Way Community Development
Department.
9.4.b
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v3.5
MODEL ORDINANCE AND COMMUNICATIONS TOOLKIT FOR STEP
9.4.c
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STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 2
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 Hà, 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).
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
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Table of Contents
Chapter 1: Introduction ........................................................................................................................................................................................ 4
Background ............................................................................................................................................................................................................................... 5
Emerging Best Practices .......................................................................................................................................................................................................... 6
Chapter 2: Background ........................................................................................................................................................................................ 7
2021 Updates to the Growth Management Act ...................................................................................................................................................................... 7
Relevant State and Federal Laws ............................................................................................................................................................................................ 8
State of the Practice in Washington...................................................................................................................................................................................... 10
Chapter 3: Planning for STEP 101 ...................................................................................................................................................................... 13
STEP Definitions ..................................................................................................................................................................................................................... 13
STEP Financing and Development Process ......................................................................................................................................................................... 15
Supporting STEP Projects and Operations ........................................................................................................................................................................... 17
Chapter 4: Comprehensive Planning for STEP .................................................................................................................................................... 18
Chapter 5: Permitting STEP ............................................................................................................................................................................... 19
Chapter 6: Model Ordinance ............................................................................................................................................................................... 22
Chapter 7: Accommodating Enough STEP .......................................................................................................................................................... 31
Demonstrating Sufficient Land Capacity .............................................................................................................................................................................. 31
Reducing Development Barriers ............................................................................................................................................................................................ 32
Addressing Potential Community Concerns ........................................................................................................................................................................ 35
Chapter 8: Adoption and Implementation ........................................................................................................................................................... 39
Appendix ........................................................................................................................................................................................................... 40
Methodology ........................................................................................................................................................................................................................... 40
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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 temporary1 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 years2 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
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).
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
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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
connect the resident of the housing with community-based health care, treatment, or employment services. RCW 36.70A.030(31)
Background
Washington experienced a significant 19.9% increase in homelessness from 2007 to 2023;4 one of the main reasons for this is the state's lack of
affordable housing, resulting in housing prices rising faster than the lowest incomes.5, 6 To address this crisis, state and local governments must
encourage a variety of shelter and housing options, including STEP, to meet 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.
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/?eventID=2024031242
6 Washington State Department of Commerce. Homelessness in Washington. March 2024.
https://app.leg.wa.gov/ReportsToTheLegislature/Home/GetPDF?fileName=CommerceReports_2023_HD_Homelessness_in_Washington_24def55e-7087-43fc-ad0c-
7894a56106ab.pdf
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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
contribute to larger initiatives to tackle homelessness and housing insecurity in the state.
Allow STEP developments outright as a permitted use in designated zones
Encourage STEP development in locations close to healthcare services, transportation, jobs and other amenities to promote economic mobility
and access to services
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
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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).7
The law requires fully planning local governments8 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.9 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
7 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.
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STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 8
waiting for Commerce to project housing needs for each county, and some implemented policies that created additional barriers to increasing STEP
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.
State law says city codes cannot prohibit indoor emergency housing or indoor emergency shelters in areas where hotels are allowed unless the community
has already permitted such development in more than 50% of their zones within one mile of transit. Cities must also allow permanent supportive housing and
transitional housing in all areas zoned for hotels and all areas zoned for residential dwellings. (RCW 35.21.683 and RCW 35A.21.430)
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Table 1 - STEP Types and Applicable Laws
STEP Types and Applicable Laws
"S"
Emergency
Shelters
"T"
Transitional
Housing
"E"
Emergency
Housing
"P"
Permanent
Supportive Housing
The Growth Management Act and RCWs 35A.21 and 35.21 require fully planning local governments to plan for and accommodate
housing affordable to all income levels.
Y Y Y Y
RCW 35.21.683 and RCW 35A.21.430 requires cities to not prohibit indoor emergency shelters and indoor emergency housing in
zones where hotels are allowed. Cities must allow permanent supportive and transitional housing in zones where residential
dwelling units or hotels are allowed. These regulations 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.
Y Y Y Y
RCW 35.21.689 and RCW 35A.21.305 require cities to allow permanent supportive housing in areas where multifamily housing is
permitted.
Y
RCW 36.130.020 prohibits any local government from having requirements on an affordable housing development that are different
from those imposed on housing developments generally.
Y* Y* Y
RCW 35.21.682, RCW 35A.21.314 and RCW 36.01.227 prohibit any local government from having requirements related to unrelated
persons that may occupy a unit.
Y Y Y Y
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.
Y* Y* Y
RCW 35.21.915, RCW 35A.21.360, and RCW 36.01.290 prohibit any local government from regulatory limits on encampments, safe
parking, overnight shelters, and temporary small houses on property owned or controlled by a religious organization.
Y Y
RCW 36.70A.540 gives authority to local governments to offer incentives in exchange for providing development for low-income
housing units.
Y* Y* Y
RCW 36.70A.070(2)(c) requires fully planning local governments to document how they have sufficient land use capacity for all
future housing needs by income level.
Y** Y Y
RCW 36.70A.210(3)(e) requires fully planning counties to have countywide planning policies that consider the need for housing for
all economic segments and the parameters for its distribution.
Y Y Y Y
RCW 9.94A.030(6) regulates where level two and three sex offenders may not live. Y Y Y Y
RCW 36.70A.390 states public hearing requirements for moratoria and interim zoning control are not applicable to regulations that
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.
Y Y Y Y
Washington Law Against Discrimination prohibits requirements imposed on STEP that violate civil rights protections. Y Y Y Y
Washington State Residential-Landlord Tenant Act includes laws landlords must follow. Y* Y* Y
Washington State Environmental Policy Act requires all branches of government in the state to examine their laws' environmental
impacts. At the local level, this requires an assessment of comprehensive plans, development regulations, and project permits
unless specifically exempted by the act.
Y Y Y Y
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STEP Types and Applicable Laws
"S"
Emergency
Shelters
"T"
Transitional
Housing
"E"
Emergency
Housing
"P"
Permanent
Supportive Housing
Americans with Disabilities Act prohibits discrimination against individuals with disabilities and provides enforceable standards to
address discrimination.
Y Y Y Y
Fair Housing Act prohibits “neutral” policy that has a disproportionately adverse effect on a protected class. Y Y Y Y
Religious Land Use and Institutionalized Persons Act prevents the implementation of land use regulations that impose a substantial
burden on the religious exercise of a person.
Y Y Y Y
*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.11
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.
11 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,"
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Typical restrictions on the occupancy, spacing and intensity of use of STEP in local jurisdictions include limits on the number of clients a project
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
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
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
this demonstration and possibly in violation of federal fair housing laws. Their spacing requirements are also not consistent with the
Department of Commerce's recommendations that any spacing requirements should not exceed the spacing already 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.
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.
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Operations plans: Many communities also require STEP or certain STEP types, such as emergency shelters or emergency housing, to submit
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
A facility management plan, including security policies and an emergency management plan
Site and facility maintenance policies
Occupancy policies
A staffing plan
A community engagement plan
Documentation of record-keeping processes
A description of transportation either provided or accessible to residents
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.
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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
involved in planning, siting, funding, permitting, building, licensing and operating STEP projects.
STEP Definitions
Washington state uses specific terms and definitions for STEP that are used throughout this report; see Chapter 1: Introduction. For the purposes of
the state’s model ordinance and this report, STEP refers to developments that meet the Washington State Residential Building Code based on the
2021 International Residential Code, which includes rules for a permanent foundation, safe plumbing and electrical practices, insulation, weather
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 homes17 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).
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services offered, occupants may still be considered “unsheltered” under federal definitions. For example, HUD considers someone living in their car
as experiencing unsheltered homelessness.18
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 Exchange.
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.
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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.22
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, see the Department of Commerce's STEP Housing Definitions Factsheet.
23 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.
25 For more information on funding sources, see the Department of Commerce's STEP State of the Practice Report and STEP Operations Guide.
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The processes and activities involved in the development of a STEP project from idea to operation, their order and the length of each can vary
significantly by project and community. In general, they include the following:
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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.27 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 webpage 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/sma14-4884.pdf.
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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.30
Revisions to RCW 36.70A.070(2) in 2021 updated requirements for how jurisdictions should plan for housing in their comprehensive plans. To
implement the new law, the Department of Commerce provides projections of housing needs for each county, including emergency housing and
permanent supportive housing.31 Each county must decide how to allocate these projections among its local jurisdictions. Each jurisdiction must
then document its share of countywide housing needs by income level and plan for and accommodate that share of housing needs in its
comprehensive plan.32
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.
Encouraging STEP in locations based on their proximity to healthcare providers, transportation, job prospects and other amenities to help
promote economic mobility and access to services is an emerging best practice for housing needs allocation decisions. To meet the growing
demand for housing and other community needs, local affordable housing consultants and developers agree that successful communities will
be intentional about where STEP is located.
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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. 34. 35, 36 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 levels of public input. Projects permits approved by local planning staff without
public hearings are considered administrative decisions. 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 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.
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Table 2 - Example of Local Permit Processes by Project Types
Type I Permit Type II Permit Type III Permit
Approval Process Administrative Administrative Discretionary Quasi-Judicial
Recommended review process for STEP
Type
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
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
Projects that do not meet the
requirements for a Type 1 or Type II
Permit.
Permitting Table Permitted
Permitted, sometimes with footnotes, OR
Administrative Conditional Use
(emergency housing and emergency
shelter ONLY, not PSH or transitional
housing)37
Conditional Use*
* Commerce recommends allowing emergency housing and emergency shelter as permitted uses whenever possible, instead of conditional uses
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 to
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).
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Allow permanent supportive housing and transitional housing to be permitted using the same process as housing development generally
(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
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
permit decision-making process. For example, communities can consider including this information in the messaging for public notices. If a
jurisdiction plans to organize an informational meeting about a STEP project, jurisdictions should be careful with the wording of notices to explain
that these are informational community meetings to present the facts of a project and local feedback cannot affect the permitting decision.
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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 I General: Ordinance number and title, recitals or whereas clauses, enactment clause and statement of purpose.
Section II 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
Model Ordinance Section/Sub-section Additional Considerations
I. General
i. Ordinance Number and Title
AN ORDINANCE REGULATING THE SITING AND DEVELOPMENT OF EMERGENCY SHELTERS, TRANSITIONAL
HOUSING, EMERGENCY HOUSING AND PERMANENT SUPPORTIVE HOUSING.
or
AN ORDINANCE amending [chapter number amended] of the municipal code.
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.
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Model Ordinance Section/Sub-section Additional Considerations
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.
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.
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Model Ordinance Section/Sub-section Additional Considerations
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)
I) 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.
Model Ordinance Section/Sub-section Additional Considerations
iii. Enactment Clause
Therefore, the [approving entity, for example, City Council or Board of County Commissioners, and community name]
does ordain as follows:
Enactment Clause: The enactment cause includes who
adopted the ordinance.
Model Ordinance Section/Sub-section Additional Considerations
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.
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
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Model Ordinance Section/Sub-section Additional Considerations
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.
transportation, jobs and other services, and a goal related to
supporting the broader community with the code.
Model Ordinance Section/Sub-section Additional Considerations
II. 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
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.
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Model Ordinance Section/Sub-section Additional Considerations
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))
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.
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Model Ordinance Section/Sub-section Additional Considerations
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.
Permitted by right in
areas zoned for:
Hotels/
motels
Single-
family
homes
Multi-
family
housing
Emergency Shelter P*
Transitional housing P P P
Emergency housing P*
Permanent
supportive housing P P P
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
39 For more information, see the Department of Commerce’s Multi-Family Housing Property Tax Exemption Program webpage.
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Model Ordinance Section/Sub-section Additional Considerations
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.
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 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
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
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.703, 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.
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Model Ordinance Section/Sub-section Additional Considerations
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:
One phone number for emergencies
Operating funding information to inform local governments of existing requirements and support a project may
have
Services plan (i.e., a description of on-site services, identification of service providers, and staff-to-client ratios)
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.
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Model Ordinance Section/Sub-section Additional Considerations
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]
iii. 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.
Concluding sections: These generic sections of the
model ordinance can be used if applicable. Otherwise,
they can be left out of a local ordinance.
For general guidance on developing this section of local
ordinances, jurisdictions can read MRSC’s Local
Ordinances for Washington Cities and Counties (2015).
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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
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.
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
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).
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.
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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
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.
Reducing Development Barriers
Many barriers exist for developing STEP and affordable housing in general, including but not limited to:
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.44
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.org/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.
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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 local
zoning and development rules.
To encourage more STEP development, jurisdictions can consider including regulatory or permitting incentives for STEP, such as reduced or waived
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
improvements and utility connections and donate land for STEP projects.46
Even more important than positive incentives is avoiding local requirements that hinder rather than promote STEP development. Table 4 provides
examples of local regulations and requirements that can create barriers for STEP development and recommendations for what to do instead.
Table 4 - Local Regulatory Barriers and Alternatives
Development regulations
for STEP include:
Do this instead:
Unclear rules and requirements that are
inconsistent with state and federal laws
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.
Regulations different from those for general
housing development
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.
Spacing requirements (e.g., minimum
distances from parks, schools or other
facilities)
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.
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Development regulations
for STEP include:
Do this instead:
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
reasoning for how these requirements protect public health and safety in the findings of their ordinance.
Limiting maximum densities or minimum
square footage
Do not place restrictions on STEP that are not placed on other housing or shelter types, unless it is
specifically tied to public health and safety. For STEP projects owned and/or operated by religious
organizations, allow density bonuses that are consistent with local housing needs allocations and waive
floor area ratio requirements for STEP projects with administrative approval from the local planning
director, city engineer or another local decisionmaker with sufficient capacity and expertise.
High off-street parking requirements and
ground-floor retail requirements
Waive or significantly reduce parking minimums for STEP projects because they serve individuals who often
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.
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
office space, within a permanent supportive
housing building in a residential zone
Waive restrictions on support spaces, which may be considered a non-residential use, within permanent
supportive housing properties in residential zones to provide its tenants with greater access to services and
amenities that can help them become self-sufficient and stably housed long term.
Facility operating and reporting requirements 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.
Requirements for coordination with local
police and fire departments
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.
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
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
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Development regulations
for STEP include:
Do this instead:
plans or agreements (e.g., operations plans or
good neighbor agreements)
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.
Conditional use permits, design review
requirements47 and discretionary review
processes48
Allow STEP outright as a permitted use ("by-right" zoning) in designated zones, do not include requirements
and permitting steps different from those for other affordable housing types, and expedite permitting
processes for STEP projects when possible.49 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.
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 36.70B.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.
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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.50
Making support services optional: Some community members may be concerned about making support services optional for STEP clients.
However, support services should not be mandatory so that STEP projects do not unintentionally discriminate against clients for religious
reasons or because they are hesitant to receive outside assistance. When these services are optional, tenants can drive the type, duration and
initiation of services. Studies also show voluntary services are more effective at engaging people to participate in services than mandatory
services.51 Additionally, while services are optional for the participant in permanent supportive housing, they are a core component of it and thus
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.52
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
50 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.
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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
Building a Community of Support guidance
Common Community Concerns FAQ: Understand and Respond
Considerations for Rural and Urban Communities
Amplifying the Voices of People in Need of Permanent Supportive Housing Factsheet
Lessons Learned Factsheet
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.
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When STEP providers do not comply with funders’ requirements: In situations where STEP service providers/property owners do not comply
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
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
STEP related to parks, schools and daycare centers. Community protection zones for STEP projects are not needed because Washington state
law already establishes an 880-foot community protection zone around public and private schools to regulate the residency of level two and
three sex offenders (RCW9.94A.030(6)). Furthermore, policies that prevent STEP from being built near parks, schools or other public uses can
unintentionally affect other populations experiencing homelessness such as children that need access to these services.
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.55
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.org/sites/main/files/file-attachments/impact_of_supportive_housing_on_neighborhood_crime_and_propery_v2.pdf?1468431099
56 The U.S. Department of Housing and Urban Development. Housing First: A Review of the Evidence. 2023. www.huduser.gov/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.
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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
Management Act to ensure their local regulations adhere to the minimum state requirements.
General tips for adoption and implementation of STEP regulations include:
Plan for adoption at the beginning: Preparing for adoption should begin with establishing how this work will fit into your jurisdiction's upcoming
annual work plan or periodic update work plan. Establish a critical path and work backward from desired legislative action dates with the city
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.
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.
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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
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STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 41
team's research included conducting virtual interviews and small groups with representatives from local planning departments and other STEP
stakeholders, including:
City of Federal Way
City of Kenmore
City of Kent
City of Langley
City of Olympia
GS Consulting, Affordable Housing Consultant
King County
Lewis County
Snohomish County
Plymouth Housing
Washington State Department of Health
Abt 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.
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76 CITY OF EDMONDS COMPREHENSIVE PLAN | 2024
Table 3.2 Required allocation of housing units as per affordability levels designated House Bill 1220
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 H0-5 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).
Area Median Income (AMI)
Range (Assumed affordability
level)
No of Housing Units for
each category
Existing
Capacity
NET No of Housing
Units for each category
0-30% AMI: Non- Permanent
Supportive Housing (PSH)1,883
6,814 4,862 1,952
0-30% AMI: PSH 977
>30-50% AMI 2,479
>50-80% AMI 1,475
Moderate <80-120% AMI 2,129 0 2,129
Higher Income >120% AMI 126 84 42
9,069 4,946 4,123
Table 3.1 Edmonds future land supply
Status Buildable
Acres
Single-
Family
Town-
houses Multi-Family Senior
Apartments Total
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
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.
(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.
(Source: The Housing Characteristics and Needs in Snohomish County Report 2023)
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EVERYONE’S EDMONDS: HOUSING 77
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)
Figure 3.3 Existing Mix of housing types (Census 2020) and potential mix of housing types as per House Bills
compliance (2044)
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.
Area Median
Income (AMI)
Range (Assumed
affordability level)
Typical Housing Types
allowed
Low 0-80% AMI and
Permanent Supportive
Housing
Low-Rise or Mid-Rise Multi-family.
(Like Walk-up apartment buildings
(2-3 floors), apartments)
Moderate <80-120%
AMI
ADUs or Low-rise/ Mid-rise Multi-
family
Higher Income >120%
AMI
Detached single family homes,
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)
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78 CITY OF EDMONDS COMPREHENSIVE PLAN | 2024
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.
Housing Target 9069
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.
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.
9.4.d
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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
9.4.e
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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.
9.4.e
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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:
BY
JEFF TARADAY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
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4
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 ________________, 2024.
CITY CLERK, SCOTT PASSEY
4840-7251-8158, v. 1
9.4.e
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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)]
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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 .
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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
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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 5:00pm 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
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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
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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
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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.
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Section 4. The City Clerk is authorized to file any necessary documents with the
Snohomish County Auditor to fulfill the purposes of this Resolution.
Section 5. This Resolution shall be in full force and effect upon passage and signatures
hereon.
RESOLVED this 7th day of January, 2025.
CITY OF EDMONDS
~
ATTEST:
C~PASSEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.
MAYOR, MIKE ROSEN
January 2, 2025
January 7, 2025
1563
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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]
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10This 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.
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 ballot April 22
Special Election Day April 22
Certification of Election Results
County certification May 2
April 22 Special Election
DR
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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 111
s 820. Prior: 1994 c 191 s 2; 1984 c 106 s 10. Formerly RCW
29.81A.080.]
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 Page 1
9.6.d
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FOR IMMEDIATE RELEASE: January 15, 2025
To: Media
Contact: Kelsey Foster | kelsey.foster@edmondswa.gov | 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.passey@edmondswa.gov by Friday, January 24th, 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. Please
City of Edmonds Media Release
City Council ~ 121 5th Avenue North Edmonds, WA 98020
9.6.e
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include your name, address, and phone number in your email. Late applications will not be accepted.
###
9.6.e
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9.6.f
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Adam Cornell
January 23, 2025
Mr. Scott Passey, Edmonds City Clerk
121 5th 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 Vo ter ’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
9.6.f
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