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2025-02-11 Council Packet
Agenda Edmonds City Council REGULAR MEETING COUNCIL CHAMBERS 250 5TH AVE NORTH, EDMONDS, WA 98020 FEBRUARY 11, 2025, 6:00 PM REGULAR COUNCIL MEETINGS BEGINNING AT 6:00 PM ARE STREAMED LIVE ON THE COUNCIL MEETING WEBPAGE, COMCAST CHANNEL 21, AND ZIPLY CHANNEL 39. TO ATTEND VIRTUALLY, CLICK ON OR PASTE THE FOLLOWING ZOOM MEETING LINK INTO A WEB BROWSER USING A COMPUTER OR SMART PHONE: HTTPS://ZOOM.US/J/95798484261 BY PHONE: +1 253 215 8782 WEBINAR ID: 957 9848 4261 CALL TO ORDER/FLAG SALUTE 2. LAND ACKNOWLEDGEMENT WE ACKNOWLEDGE THE ORIGINAL INHABITANTS OF THIS PLACE, THE SDOHOBSH (SNOHOMISH) PEOPLE AND THEIR SUCCESSORS THE TULALIP TRIBES, WHO SINCE TIME IMMEMORIAL HAVE HUNTED, FISHED, GATHERED, AND TAKEN CARE OF THESE LANDS. WE RESPECT THEIR SOVEREIGNTY, THEIR RIGHT TO SELF-DETERMINATION, AND WE HONOR THEIR SACRED SPIRITUAL CONNECTION WITH THE LAND AND WATER. 3. ROLL CALL 4. PRESENTATION 1. Mayor's Finance Update (10 min) S. APPROVAL OF THE AGENDA 6. AUDIENCE COMMENTS THIS IS AN OPPORTUNITY TO COMMENT REGARDING ANY MATTER NOT LISTED ON THE AGENDA AS CLOSED RECORD REVIEW OR AS A PUBLIC HEARING. SPEAKERS ARE LIMITED TO THREE MINUTES. PLEASE STATE CLEARLY YOUR NAME AND CITY OF RESIDENCE. IF USING A COMPUTER OR SMART PHONE, RAISE A VIRTUAL HAND TO BE RECOGNIZED. IF USING A DIAL - UP PHONE, PRESS *9 TO RAISE A HAND. WHEN PROMPTED, PRESS *6 TO UNMUTE. 7. RECEIVED FOR FILING 1. Claim for Damages for filing (0 min) 2. Claim for Damages for filing (0 min) Edmonds City Council Agenda February 11, 2025 Page 1 8. APPROVAL OF THE CONSENT AGENDA 1. Approval of Council Meeting Minutes February 4, 2025 2. Approval of claim checks. 3. Approval of payroll and benefit checks, direct deposit and wire payments. 9. PUBLIC HEARING 1. Public Hearing on Interim Ordinance for STEP Housing (20 min) 10. COUNCIL BUSINESS 1. Resolution Extending Temporary Emergency Sick Leave Policy (10 min) 2. Prosecuting Attorney Contract Amendment (20 min) 3. Elected Official Training (30 min) 11. COUNCIL COMMENTS 12. MAYOR'S COMMENTS ADJOURNMENT Edmonds City Council Agenda February 11, 2025 Page 2 4.1 City Council Agenda Item Meeting Date: 02/11/2025 Mayor's Finance Update Staff Lead: Carolyn LaFave Department: Mayor's Office Preparer: Carolyn LaFave Background/History On July 2, 2024 the council voted to have a Mayor Update as an ongoing item on all regular meeting agendas. This was in response to a recommendation from the Mayor's Blue Ribbon Panel. Staff Recommendation No action, informational Narrative The Mayor, or another member of the administration, will answer questions about City finances that have been requested by council in advance and will also share actions related to the fiscal emergency that have transpired since the last update. When there is nothing new to report, this agenda item will be the opportunity to share that there is nothing new to report. Packet Pg. 3 7.1 City Council Agenda Item Meeting Date: 02/11/2025 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 GEICO A/S/0 Abraham Kim 212th Street SW ($3,014.46) Attachments: Claim for Damages - Geico - for council Packet Pg. 4 7.1.a CITY OF EDMONDS CLAIM FOR DAMAGES FORM Date Claim Form Received by City Please take note that GEICO A/S/O Abraham Kim , who currently resides atn/a , mailing address home phone # , work phone # and who resided at n/ N/A at the time of the occurrence and whose date of birth is N/A is claiming damages against Edmonds Police Department in the sum of $ 3014.46 arising out of the following circumstances listed below. DATE OF OCCURRENCE:10/31/2024 TIME: 6:00 P.M. a� LOCATION OF OCCURRENCE: 212th Street SW E c� G DESCRIPTION: O 4- 1 . Describe the conduct and circumstance that brought about the injury or damage. Also describe the injury or damage. E Your insured rear -ended our insured U c 3 O t1 (attach an extra sheet for additional information, if needed) c 2. Provide a list of witnesses, if applicable, to the occurrence including names, addresses, and phone numbers. 4) 0 N 3. Attach copies of all documentation relating to expenses, injuries, losses, and/or estimates for repair. 4. Have you submitted a claim for damages to your insurance company? V Yes No If so, please provide the name of the insurance company: Geico Indemnity Corn and the policy #: License Plate # Type Auto: _ * * ADDITIONAL INFORMATION REQUIRED FOR AUTOMOBILE CLAIMS ONLY * * Driver License # (year) (make) DRIVER: (model) OWNER: Address: Address: Phone#: Phone#: Passengers: Name: Name: Address: Address: Form Revised 04/09/2021 Page I of 2 Packet Pg. 5 7.1.a This Claim form must be signed by the Claimant, a person holding a written power of attorney from the Claimant, by the attorney in fact for the Claimant, by an attorney admitted to practice in Washington State on the Claimant's behalf, or by a court -approved guardian or guardian ad litem on behalf of the Claimant. I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. Signature of Claimant Or Signature f Representative Brittney Daniel Print Name of Representative Date and place (residential address, city and county) 1 /22/2025, Date and place (residential address, city and county) Bar Number (if applicable) Please present the completed claim form to: City Clerk's Office City of Edmonds 121 51h Avenue North Edmonds, WA, 98020 8:00 a.m. to 4:30 p.m. E U Form Revised 04/09/2021 Page 2 oF2 Packet Pg. 6 7.2 City Council Agenda Item Meeting Date: 02/11/2025 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 Jehiel Baer 129 5th Ave N (TBD) Attachments: Claim for Damages - Jehiel Baer - for council Packet Pg. 7 EC!E 7.2.a CITY OF EDMONDS FEB 3 2025 CLAIM FOR DAMAGES FORM EDJW01" L STY + Date Claim Form Received by City Please take note that Jehiel Baer who currently resides at mailing address home phone # l work phone # and who resided at at the time of the occurrence and whose date of birth is is claiming damages against Edmonds in the sum of $ arising out of the following circumstances listed below. DATE OF OCCURRENCE: 01/19/2025 TIME: approximately 1:30 p.m. LOCATION OF OCCURRENCE: 129 5th Avenue N, Edmonds, WA 98020 DESCRIPTION: 1. Describe the conduct and circumstance that brought about the injury or damage Also describe the injury or damage. On January 19, 2025, at approximately 1:30 p.m., I parallel -parked my car in a space in front of 129 5th Ave. N. I proceeded to take my child to piano lessons. When I returned to the car, a "Road Work Ahead" street sign was leaning against my car. I moved the sign, which appears to have been precariously balancing against a tree next to the parking space, and there was a deep scratch in the door of my car which had not been there before. Either the sign fell onto my car while I was parked, or the sign had been protruding over the curb into the parking space when I parked. Either way, the large street sign was left on the sidewalk in a way that caused damage to my car. We are a single -income (government salary) home, so this is a hefty bill (attach an extra sheet for additional information, if needed) 2. Provide a list of witnesses, if applicable, to the occurrence including names, addresses, and phone numbers. I am not aware of any witnesses. I did not think to take a picture of the sign leaning against my car before moving the sign so that it would not damage anyone else's car. I moved my car to another parking spot, where I took a picture of the scratch I returned to the location of the occurrence approximately 30 minutes later and took a picture of the road sign. 3. Attach copies of all documentation relating to expenses, injuries, losses, and/or estimates for repair. 4. Have you submitted a claim for damages to your insurance company? If so, please provide the name of the insurance company: and the policy #: Form Revised 04/092021 Yes X No I will supplement this claim if I file an insurance claim Page t of 2 E .2 U Packet Pg. 8 7.2.a This Claim form must be signed by the Claimant, a person holding a written power of attorney from the Claimant, by the attorney in fact for the Claimant, by an attorney admitted to practice in Washington State on the Claimant's behalf, or by a court -approved guardian or guardian ad litem on behalf of the Claimant. I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. ebruary 1, 2025, Si at a of Claimant Date and place (residential address, city and county) Signature of Representative Date and place (residential address, city and county) Print Name of Representative Bar Number (if applicable) Please present the completed claim form to: City Clerk's Office City of Edmonds 121 51h Avenue North Edmonds, WA, 98020 8:00 a.m. to 4:30 p.m. E .2 tU Form Revised 04/09/2021 Page 2 Of 2 Packet Pg. 9 8.1 City Council Agenda Item Meeting Date: 02/11/2025 Approval of Council Meeting Minutes February 4, 2025 Staff Lead: Council Department: City Clerk's Office Preparer: Nicholas Falk Background/History N/A Recommendation Approval of Council Meeting minutes as part of the Consent Agenda. Narrative N/A Attachments: 2025-02-04 Council Draft Minutes Packet Pg. 10 8.1.a EDMONDS CITY COUNCIL MEETING ACTION MINUTES February 4, 2025 ELECTED OFFICIALS PRESENT Mike Rosen, Mayor Will Chen, Councilmember Neil Tibbott, Council President Michelle Dotsch, Councilmember Vivian Olson, Councilmember Susan Paine, Councilmember Jenna Nand, Councilmember Chris Eck, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Jeff Taraday, City Attorney Nicholas Falk, Deputy City Clerk Shane Hope, Interim Planning & Dev. Dir. Jessica Neill Hoyson, HR Director Angie Feser, Parks, Rec., & Human Serv. Dir Jenn Leach, Parks, Rec., & Human Sery The Edmonds City Council meeting was called to order at 7 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 Nand read the City Council Land Acknowledgement Statement. 3. ROLL CALL Deputy City Clerk Falk called the roll. All elected officials were present. 4. PRESENTATIONS 1. NATIVE PLANT DEMO GARDEN RENAMING PROPOSAL Angie Feser, Parks, Rec., & Human Serv. Director and Jenn Leach, Parks, Rec., & Human Serv. presented the park naming proposal to rename the existing Edmonds Wildlife Habitat and Native Plant Demonstration Garden to the Susie Schaefer Wildlife and Native Plant Community Garden. They outlined Susie's many notable community -wide contributions, such as, the founding of the garden in 2009, removal of invasive plants, installing native plants, transforming the space into a demonstration garden, acquiring designation of a certified wildlife habitat, provided classes and workshops, 2017 Sound Salmon Solutions and Edmonds Stewards new headquarters, and created outdoor classroom for college classes, scouts, and gardening groups. COUNCILMEMBER OLSEN MOVED THAT WE ADD TO TONIGHT'S CONSENT AGENDA NEW ITEM 8.7, THE ACTION PART OF THIS Edmonds City Council Minutes February 4, 2025 Page 1 Packet Pg. 11 PRESENTATION, TO APPROVE THE RE -NAMING OF THE EXISTING WILDLIFE HABITAT AND NATIVE PLANT DEMONSTRATION GARDEN TO THE SUSIE SCHAEFER WILDLIFE AND NATIVE PLANT COMMUNITY GARDEN. MOTION CARRIED UNANIMOUSLY. 2. MAYOR'S FINANCE UPDATE Mayor Rosen reported on financial and budget issues impacting the city. 5. APPROVAL OF AGENDA COUNCILMEMBER OLSEN MOVED APPROVAL OF THE AGENDA. MOTION TO APPROVE THE AGENDA CARRIED UNANIMOUSLY. 6. AUDIENCE COMMENTS 1. Robert Knoll, Everett, commented on a letter PSE sent to the city regarding aging AMI meter system replacement. 2. Marlin Phelps, Marysville, commented on issues related to court, police, and US attorneys. 7. RECEIVED FOR FILING 1. CLAIM FOR DAMAGES FOR FILING 2. WRITTEN PUBLIC COMMENTS 3. OUTSIDE BOARDS AND COMMITTEE REPORTS 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 COMMITTEE MEETING MINUTES JANUARY 21, 2025 2. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES JANUARY 22, 2025 3. APPROVAL OF COUNCIL MEETING MINUTES JANUARY 28, 2025 4. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENTS. 5. ORDINANCE AUTHORIZING FULL TIME EQUIVALENTS (FTES) 6. RESOLUTION AMENDING THE COUNCIL RULES OF PROCEDURE 7. APPROVAL OF THE RE -NAMING OF THE EXISTING WILDLIFE HABITAT AND NATIVE PLANT DEMONSTRATION GARDEN TO THE SUSIE SCHAEFER WILDLIFE AND NATIVE PLANT COMMUNITY GARDEN 9. PUBLIC HEARING 1. INTERIM ORDINANCE FOR NEIGHBORHOOD CENTERS AND HUBS Edmonds City Council Minutes February 4, 2025 Page 2 Packet Pg. 12 8.1.a Mayor Rosen opened the public hearing. Shane Hope, Interim Planning and Development Services Director, presented the background information, why we need the code update now, how the interim ordinance works, what the interim code covers, sub districts, heights allowed, and bonus floor incentive requirements. Other features of interim code were also discussed which include objective design standards and the parking requirements as well as some key aspects to be considered for longer term ordinance. The presentation ended with next steps that we need to take and was opened to public comments. The following are the received public comments. 1. Arlene Williams, Edmonds, commented on building heights in the interim code, previous council comments on the design standards code, and dangerous slopes in Westgate neighborhood. 2. John Rudlang, Edmonds, commented on their northern Grandview dead-end neighborhood hub, danger of their narrow street, parking situation for residents and nearby business customers, and the benefit of trees in their neighborhood. 3. Jon Allen, Edmonds, commented on the north bowl hub, maintaining current property zoning, security issues of the neighborhood, cooperation of neighbors and businesses that coexist there, and restriction of current single-family housing to its existing footprint. 4. Thyra Allen, Edmonds, commented on lack of communication about this topic and impact on her home improvement plans. 5. Mike Henderson, Edmonds, commented on lack of communication to citizens in north bowl, setback and height concerns. 6. Tammy Myers, Edmonds, commented on lack of communication in north bowl, changes to safety in community, road maintenance issues, street lacks space to expand to address current safety of current citizens or accommodate addition of more citizens to the area. Mayor Rosen closed the public hearing. 10. COUNCIL BUSINESS 1. FINANCE DIRECTOR CONFIRMATION OF APPOINTMENT Jessica Neill Hoyson, Human Resources Director, discussed the interview and selection process COUNCIL PRESIDENT TIBBOT MOVED TO APPROVE THE APPOINTMENT OF RICHARD GOULD TO THE POSITION OF FINANCE DIRECTOR, EFFECTIVE FEBRUARY 28, 2025. MOTION CARRIED UNANIMOUSLY. 2. SPECIAL ELECTION PRO/CON COMMITTEES CRITERIA REVIEW OF CRITERIA AND APPOINTMENT Deputy City Clerk Falk discussed and conducted the approved process for selection of the Pro and Con Committees. All applicants to the Pro committee were drawn in random order, the Council voted in the order drawn. The first 3 applicants to get 4 votes were appointed to the committee. The same procedure was conducted for the Con committee. The following lists voting and appointees: Edmonds City Council Minutes February 4, 2025 Page 3 Packet Pg. 13 8.1.a Pro Committee: Adam Cornell was appointed with a unanimous `Yes' vote. Brook Roberts was not appointed with a lack of 4 `Yes' votes. Patrick Hepler was appointed with 6 `Yes' votes from Councilmembers Eck, Tibbott, Dotsch, Olson, Paine, and Nand. Maria Montalvo was appointed with a unanimous `Yes' vote. Con Committee: Theresa Hutchison was appointed with 5 `Yes' votes from Councilmembers Eck, Tibbott, Dotsch, Olson, and Paine. James Ogonowski was appointed with 4 `Yes' votes from Councilmembers Chen, Dotsch, Olson, and Nand. Kevin Fagerstrom was appointed with 5 `Yes' v tes from Councilmembers Eck, Chen, Tibbott, Olson, and Paine. Per the approved process, Diane Buckshnis and Theresa Hollis were not voted on as the open committee positions were filled. 10. COUNCIL COMMENTS Councilmembers commented on various issues. 11. MAYOR'S COMMENTS Mayor Rosen provided comments. ADJOURNMENT The meeting was adjourned at 8:22 pm. Edmonds City Council Minutes February 4, 2025 Page 4 Packet Pg. 14 8.2 City Council Agenda Item Meeting Date: 02/11/2025 Approval of claim checks. Staff Lead: Kimberly Dunscombe Department: Administrative Services Preparer: Nori Jacobson Background/History Approval of claim checks #266085 through #266182 dated February 5, 2025 for $1,476,097.07 (re -issued check #266144 $38.30). Staff Recommendation Approval of claim checks. 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 02-05-25 Agenda copy Packet Pg. 15 8.2.a apPosPay Positive Pay Listing 2/5/2025 2:36:09PM City of Edmonds Document group: jacobson Page: 1 Vendor Code & Name Check # Check Date Amount 076040 911 SUPPLY INC 266085 2/5/2025 2,646.87 065052 AARD PEST CONTROL 266086 2/5/2025 246.42 000135 ABSCO ALARMS INC 266087 2/5/2025 889.53 079367 AGRII PARTY & EVENTS 266088 2/5/2025 1,482.04 001528 AM TEST INC 266089 2/5/2025 330.00 074306 AMWINS GROUP BENEFITS INC 266090 2/5/2025 8,096.41 078955 AQUATIC INFORMATICS INC 266091 2/5/2025 4,022.00 001441 ASCAP 266092 2/5/2025 445.00 064341 AT&T MOBILITY 266093 2/5/2025 43.35 001795 AUTOGRAPHICS 266094 2/5/2025 4,255.36 070305 AUTOMATIC FUNDS TRANSFER 266095 2/5/2025 1,171.60 001801 AUTOMATIC WILBERT VAULT CO 266096 2/5/2025 1,053.00 075263 AVR PRODUCTION SERVICES LLC 266097 2/5/2025 750.00 076685 BAILEY, MICHAEL E 266098 2/5/2025 1,365.00 028050 BILL PIERRE FORD INC 266099 2/5/2025 709.12 073250 BMI GENERAL LICENSING 266100 2/5/2025 446.00 073029 CANON FINANCIAL SERVICES 266101 2/5/2025 331.50 069437 CANOPY WORLD INC 266102 2/5/2025 551.40 077353 CAPITOL CONSULTING LLC 266103 2/5/2025 3,900.00 003510 CENTRAL WELDING SUPPLY 266104 2/5/2025 311.07 063902 CITY OF EVERETT 266105 2/5/2025 1,490.40 070323 COMCAST BUSINESS 266106 2/5/2025 412.56 005965 CUES INC 266107 2/5/2025 1,640.54 079013 DEALERSHIP GLASS AUTO GLASS 266108 2/5/2025 44.14 047450 DEPT OF INFORMATION SERVICES 266109 2/5/2025 285.00 076172 DK SYSTEMS 266110 2/5/2025 6,373.77 076610 EDMONDS HERO HARDWARE 266111 2/5/2025 85.56 008705 EDMONDS WATER DIVISION 266112 2/5/2025 1,133.16 008812 ELECTRONIC BUSINESS MACHINES 266113 2/5/2025 51.10 009350 EVERETT DAILY HERALD 266114 2/5/2025 129.00 075673 FARMER, MARIA 266115 2/5/2025 260.00 079805 FLOW CONTROL PLUMBING 266116 2/5/2025 1,491.75 072634 GCP WW HOLDCO LLC 266117 2/5/2025 3,164.55 071759 GRANICH ENGINEERED PRODUCTS 266118 2/5/2025 2,221.05 012560 HACH COMPANY 266119 2/5/2025 471.53 012845 HARBOR SQUARE ATHLETIC CLUB 266120 2/5/2025 11,934.00 066575 HERC RENTALS INC 266121 2/5/2025 1,372.91 074966 HIATT CONSULTING LLC 266122 2/5/2025 210.00 076240 HM PACIFIC NORTHWEST INC 266123 2/5/2025 713.47 061013 HONEY BUCKET 266124 2/5/2025 290.95 075966 HULBERT, CARRIE 266125 2/5/2025 2,766.67 076488 HULBERT, MATTHEW STIEG 266126 2/5/2025 600.00 060165 HWA GEOSCIENCES INC 266127 2/5/2025 6,208.82 069733 ICONIX WATERWORKS INC 266128 2/5/2025 4,675.94 014940 INTERSTATE BATTERY SYSTEMS 266129 2/5/2025 81.48 079227 JAMTOWN LLC 266130 2/5/2025 335.70 079069 KISHA POST 266131 2/5/2025 1,400.00 067725 LES SCHWAB TIRE CENTER 266132 2/5/2025 1,488.71 079732 LIZ LOOMIS PUBLIC AFFAIRS 266133 2/5/2025 8,000.00 076001 LUCIE R BERNHEIM, ATTYAT LAW 266134 2/5/2025 1,725.00 074263 LYNNWOOD WINSUPPLY CO 266135 2/5/2025 5,462.43 020900 MILLERS EQUIP & RENT ALL INC 266136 2/5/2025 1,323.96 079777 MOSQUITO FLEET BAND 266137 2/5/2025 200.00 vi a� s E w 0 �a 0 a a Q Page: 1 Packet Pg. 16 apPosPay Positive Pay Listing 2/5/2025 2:36:09PM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 018950 NAPA AUTO PARTS 266138 2/5/2025 52.70 067834 NATIONAL CONSTRUCTION RENTALS 266139 2/5/2025 232.05 070855 NAVIA BENEFIT SOLUTIONS 266140 2/5/2025 340.80 024302 NELSON-REISNER 266141 2/5/2025 290.51 072739 O'REILLYAUTO PARTS 266143 2/5/2025 29.53 076902 OCCUPATIONAL HEALTH CTR OF WA 266142 2/5/2025 128.00 026830 PACIFIC PLUMBING SUPPLY 266144 2/5/2025 38.30 027060 PACIFIC TOPSOILS INC 266145 2/5/2025 1,443.00 069873 PAPE MACHINERY INC 266146 2/5/2025 69.04 028860 PLATT ELECTRIC SUPPLY 266147 2/5/2025 100.37 064167 POLLARD WATER 266148 2/5/2025 184.66 078800 POPA & ASSOCIATES 266149 2/5/2025 900.00 046900 PUGET SOUND ENERGY 266150 2/5/2025 11,753.20 070955 R&R STAR TOWING 266151 2/5/2025 158.16 062657 REGIONAL DISPOSAL COMPANY 266152 2/5/2025 5,446.16 064769 ROMAINE ELECTRIC 266153 2/5/2025 417.69 079760 ROOHI, MAHZAD 266154 2/5/2025 324.00 079387 SAYBR CONTRACTORS INC 266155 2/5/2025 2,637.49 077424 SEFAC USA INC 266156 2/5/2025 1,607.45 060889 SNAP -ON INDUSTRIAL 266157 2/5/2025 1,051.33 037375 SNO CO PUD NO 1 266159 2/5/2025 14,807.32 037376 SNO CO PUD NO 1 266160 2/5/2025 299.74 076433 SNOHOMISH COUNTY 911 266161 2/5/2025 84,231.00 037303 SO SNOHOMISH CO FIRE & RESCUE 266162 2/5/2025 959,553.00 038300 SOUND DISPOSAL CO 266163 2/5/2025 3,362.88 038410 SOUND SAFETY PRODUCTS 266164 2/5/2025 1,500.46 074506 SUNBELT RENTALS 266165 2/5/2025 231.42 076324 SUPERION LLC 266166 2/5/2025 10,081.31 040917 TACOMA SCREW PRODUCTS INC 266167 2/5/2025 1,002.29 040916 TC SPAN AMERICA 266168 2/5/2025 565.87 065459 THE HERALD SUBSCRIPTION 266169 2/5/2025 345.72 079359 THE WALLS LAW FIRM INC 266170 2/5/2025 25,000.00 072649 THE WIDE FORMAT COMPANY 266171 2/5/2025 367.31 038315 TK ELEVATOR CORPORATION 266172 2/5/2025 6,468.05 075496 VALERIE INC 266173 2/5/2025 1,500.00 067865 VERIZON WIRELESS 266174 2/5/2025 13,395.21 061485 WA ST DEPT OF HEALTH 266175 2/5/2025 11,505.60 045515 WABO 266176 2/5/2025 1,160.00 078314 WASTE MGMT DISPOSAL SVC OF OR 266177 2/5/2025 201,047.54 065568 WATER SERVICES NW INC 266178 2/5/2025 88.34 075635 WCP SOLUTIONS 266179 2/5/2025 1,001.37 073552 WELCO SALES LLC 266180 2/5/2025 1,267.16 078389 ZENNER USA 266181 2/5/2025 7,302.50 011900 ZIPLY FIBER 266182 2/5/2025 1,757.02 GrandTotal: 1,476,135.37 Total count: 97 vi a� s E v w 0 �a 0 L Q a Q Page: 2 Packet Pg. 17 8.3 City Council Agenda Item Meeting Date: 02/11/2025 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 replacement check #66172, dated January 17, 2025, payroll check #66173 for $4,320.69, dated February 5, 2025 and direct deposit for $849,149.95 and benefit checks #66174 through #66179 and wire payments for $773,933.75 for the pay period of January 16, 2025 through January 31, 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: 01-16-2025 to 01-31-2025 benefit checks summary 01-16-2025 to 01-31-2025 payroll earnings summary Packet Pg. 18 8.3.a Benefit Checks Summary Report City of Edmonds Pay Period: 1,173 - 01/16/2025 to 01/31/2025 Bank: usbank - US Bank Check # Date Payee # Name Check Amt Direct Deposit 66174 02/05/2025 bpas BPAS 8,284.80 0.00 66175 02/05/2025 icma MISSIONSQUARE PLAN SERVICES 6,000.51 0.00 66176 02/05/2025 flex NAVIA BENEFIT SOLUTIONS 6,186.14 0.00 66177 02/05/2025 tx TEXAS CHILD SUPPORT SDU 166.50 0.00 66178 02/05/2025 rwt WASHINGTON TEAMSTERS 284.55 0.00 66179 02/05/2025 afscme WSCCCE, AFSCME AFL-CIO 2,967.45 0.00 23,889.95 0.00 Bank: wire - US BANK Check # Date Payee # Name Check Amt Direct Deposit 3789 02/05/2025 pens DEPT OF RETIREMENT SYSTEMS 376,607.04 0.00 3792 02/05/2025 aflac AFLAC 3,331.96 0.00 3795 02/05/2025 us US BANK 163,489.97 0.00 3796 02/05/2025 mebt WTRISC FBO #N3177B1 154,603.51 0.00 3797 02/05/2025 pb NATIONWIDE RETIREMENT SOLUTION 7,668.65 0.00 3798 02/05/2025 wadc WASHINGTON STATE TREASURER 43,252.67 0.00 3799 02/05/2025 oe OFFICE OF SUPPORT ENFORCEMENT 1,090.00 0.00 750,043.80 0.00 Grand Totals: 773,933.75 0.00 2/3/2025 Packet Pg. 19 Payroll Earnings Summary Report City of Edmonds Pay Period: 1,173 (01/1612025 to 01/31/2025) v> Hour Type Hour Class Description Hours Amount 112 ABSENT NO PAY NON HIRED 24.00 0.00 120 SICK SICK LEAVE - L & 1 90.00 9,891.75 121 SICK SICK LEAVE 1,033.75 53,761.52 122 VACATION VACATION 742.75 35,700.56 123 HOLIDAY HOLIDAY HOURS 177.75 10,020.04 124 HOLIDAY FLOATER HOLIDAY 61.00 2,550.84 125 COMP HOURS COMPENSATORY TIME 282.00 15,054.67 128 HOLIDAY Holiday Bank WWTP 103.00 4,920.85 132 JURY DUTY JURY DUTY 8.00 279.73 138 REGULAR HOURS Commanders Leave Usaqe 10.00 1,292.53 141 BEREAVEMENT BEREAVEMENT 20.00 1,074.80 149 KELLY DAY KELLY DAYS BUY BACK 12.00 708.44 150 REGULAR HOURS Kelly Day Used 168.00 9,054.15 152 COMP HOURS COMPTIME BUY BACK 0.63 37.19 153 HOLIDAY HOLIDAY BUY BACK -64.00 -3,778.34 154 HOLIDAY FLOATER HOLIDAY BUY BACK 2.00 95.49 155 COMP HOURS COMPTIME AUTO PAY 22.50 1,724.70 157 SICK SICK LEAVE PAYOFF 17.92 872.57 158 VACATION VACATION PAYOFF 26.92 1,331.98 160 VACATION MANAGEMENT LEAVE 89.00 6,720.49 170 REGULAR HOURS COUNCIL BASE PAY 700.00 12,294.24 174 REGULAR HOURS COUNCIL PRESIDENTS PAY 0.00 351.26 175 REGULAR HOURS COUNCIL PAY FOR NO MEDICAL 0.00 6,127.80 190 REGULAR HOURS REGULAR HOURS 18,002.35 931,266.01 191 REGULAR HOURS FIRE PENSION PAYMENTS 2.00 3,517.17 194 SICK Emergency Sick Leave 36.00 1,294.62 195 REGULAR HOURS ADMINISTRATIVE LEAVE 57.00 3,240.45 198 MISCELLANEOUS Furlouqh Regular Time 32.00 -1,809.65 210 OVERTIME HOURS OVERTIME -STRAIGHT 124.25 8,301.06 215 OVERTIME HOURS WATER WATCH STANDBY 60.00 4,283.43 216 MISCELLANEOUS STANDBY TREATMENT PLANT 6.00 815.41 220 OVERTIME HOURS OVERTIME 1.5 212.50 19,842.49 225 OVERTIME HOURS OVERTIME -DOUBLE 49.00 5,217.20 400 MISCELLANEOUS MISC PAY 0.00 1,398.04 02/03/2025 Packet Pg. 20 Payroll Earnings Summary Report City of Edmonds Pay Period: 1,173 (01/1612025 to 01/31/2025) v> Hour Type Hour Class Description Hours Amount 410 MISCELLANEOUS WORKING OUT OF CLASS 0.00 870.22 411 SHIFT DIFFERENTIAL SHIFT DIFFERENTIAL 0.00 2,219.07 600 RETROACTIVE PAY RETROACTIVE PAY 0.00 1,787.45 602 COMP HOURS ACCRUED COMP 1.0 89.50 0.00 604 COMP HOURS ACCRUED COMP TIME 1.5 96.50 0.00 606 COMP HOURS ACCRUED COMP 2.0 6.00 0.00 609 COMP HOURS Commander Standy Accrual 5.00 0.00 901 SICK ACCRUED SICK LEAVE 12.33 0.00 902 MISCELLANEOUS BOOT ALLOWANCE 0.00 404.84 acc MISCELLANEOUS ACCREDITATION PAY 0.00 253.19 acs MISCELLANEOUS ACCRED/POLICE SUPPORT 0.00 228.46 anc REGULAR HOURS Ancilary Duty Pay 0.00 276.61 anc2 REGULAR HOURS Ancilary Duty Pay 0.00 1,551.48 anc3 REGULAR HOURS Ancilary Duty Pay 0.00 1,842.24 boc MISCELLANEOUS BOC II Certification 0.00 244.78 cpl MISCELLANEOUS TRAINING CORPORAL 0.00 235.40 crt MISCELLANEOUS CERTIFICATION III PAY 0.00 122.39 det4 MISCELLANEOUS Detective 4% 0.00 1,351.04 ed1 EDUCATION PAY EDUCATION PAY 2% 0.00 963.08 ed2 EDUCATION PAY EDUCATION PAY 4% 0.00 890.94 ed3 EDUCATION PAY EDUCATION PAY 6% 0.00 12,405.69 evap VACATION Exempt Vacation Premium -71.00 -5,002.50 fd1 REGULAR HOURS Furlouqh Day Non -Represented 114.00 6,771.00 fwd HOLIDAY Floater Wellness Day Accrued 728.00 0.00 hol HOLIDAY HOLIDAY 1,296.60 64,932.05 k9 MISCELLANEOUS K-9 Assiqnment 0.00 429.92 Ian MISCELLANEOUS LANGUAGE PAY 0.00 600.00 Iq1 LONGEVITY LONGEVITY PAY 2% 0.00 1,160.18 Ig11 LONGEVITY LONGEVITY PAY 2.5% 0.00 1,010.17 Ig12 LONGEVITY Longevity 9% 0.00 3,892.59 Ig13 LONGEVITY Longevity 7% 0.00 1,256.36 Ig14 LONGEVITY Longevity 5% 0.00 1,471.15 Iq2 LONGEVITY PAY LONGEVITY PAY 4% 0.00 171.92 Iq3 LONGEVITY PAY LONGEVITY 6% 0.00 298.53 02/03/2025 Packet Pg. 21 Payroll Earnings Summary Report City of Edmonds Pay Period: 1,173 (01/1612025 to 01/31/2025) v> Hour Type Hour Class Description Hours Amount Iq4 LONGEVITY Longevity 1% 0.00 1,130.26 Iq5 LONGEVITY Longevity 3% 0.00 4,082.57 Iq6 LONGEVITY Longevity .5% 0.00 29.43 Iq7 LONGEVITY Longevity 1.5% 0.00 927.83 mels SICK Medical Leave Sick 80.00 4,170.84 melv VACATION Medical Leave Vacation 8.00 417.08 pfmc COMP HOURS Paid Family Medical -Comp Used 3.50 130.98 pfmh HOLIDAY Paid Family Medical Holiday 18.00 673.60 pfmp ABSENT Paid Family Medical Unpaid/Sup 100.00 0.00 pfms SICK Paid FAMILY MEDICAL/SICK 20.50 822.83 pfmv VACATION Paid Family Medical Vacation 8.00 299.38 phy MISCELLANEOUS PHYSICAL FITNESS PAY 0.00 3,413.82 slw SICK SICK LEAVE ADD BACK -52.63 0.00 str MISCELLANEOUS PSET Serqeant 0.00 255.80 tac MISCELLANEOUS TAC Officer 0.00 214.96 to MISCELLANEOUS Traininq Officer 0.00 214.96 traf MISCELLANEOUS Traffic Officer - Car 0.00 462.12 24,570.62 $1,267,338.20 Total Net Pay: $853,470.64 02/03/2025 Packet Pg. 22 9.1 City Council Agenda Item Meeting Date: 02/11/2025 Public Hearing on Interim Ordinance for STEP Housing Staff Lead: Shane Hope Department: Planning & Development Preparer: Heather Lakefish 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.) 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-9.4 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. 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 Packet Pg. 23 9.1 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, these 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. City Council meetings At the January 7 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. The Council President and staff indicated they could work on this for further consideration. Another question was whether the zoning districts allowing hotels were correctly identified in the interim ordinance. The Council voted to put the interim ordinance, with any corrections, on the next (January 14) Council consent agenda. (See attached minutes.) NOTE: For the Council's January 14 meeting, the interim ordinance had been updated to not specifically list the zoning districts that allowed hotels (and thus must also allow emergency indoor housing and emergency indoor shelters). Instead, given that the list of zoning districts allowing hotels could change over time, the updated draft interim ordinance simply stated (consistent with state law) that all zoning districts allowing hotels must also allow the relevant STEP housing. At the January 14 meeting, the interim ordinance was removed from the Consent agenda with direction to add it to the next available Council meeting for additional discussion and possible amendment. The next available meeting was on January 28. At that meeting, two amendments were proposed and approved, after discussion. The Council adopted the interim ordinance with the two amendments. (See attached minutes.) Staff Recommendation Hold a public hearing, as required for an adopted interim ordinance, and consider any public comments. 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. Packet Pg. 24 9.1 "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). 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 be in compliance with Edmonds' other codes. 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, where it could be subject to amendment, which might include emphasizing the provision of STEP housing in relationship to other City codes. At the January 28 Council meeting, two amendments were approved and incorporated into the ordinance to address the above concern. They amendments were to the proposed ECDC 17.125.030 (Regulations), adding a new subsection B (Expectations). This new subsection reads: 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." See the adopted 17.125 code (attached) for the interim code language. Next steps A public hearing is part of a City Council meeting on February 11 to consider public input about the adopted interim ordinance for STEP housing. Packet Pg. 25 9.1 After that, 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. The City Council will host a public hearing on the final version ahead of any decision on adopting it (with any amendments). 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 2024-12-31 interim ordinance for supportive housing STEP. Hsg.ECDC .Ch.17.125.Adopted 1.7 Council Minutes STEP Housing 1.28 Council Minutes STEP Housing_ Packet Pg. 26 Planning for STEP Housing Types There is a critical demand for 1.1 million homes in Washington over the next two decades, according to projections from the Washington State Department of Commerce. Of that 1.1 million, more than 600,000 homes need to be affordable for individuals at the lowest income levels (i.e., less than or equal to 80 percent of the area median income). In addition, if we do not build more affordable housing, we will need about 91,000 emergency housing beds in 20 years. Some of the housing for very low-income segments can collectively be called "STEP." What is STEP? Future housing needs by area median income (AMI) group., 0 ❑❑ ❑n �� o Apartments Mufti-plex Single family Pe. —A N*pM—h—.g (PS14) PSH non-PSH 0-30% "" 0-30% " 30-30% mo 504W% Aw 80-120% Aw 120N6 "" 1.1 Million new homes will be needed in the next 20 year: In addition, there will also need to be. 91,357 Emergency housing beds (temporary housing) Indoor emergency Shelter, Transitional housing, Emergency housing and Permanent supportive housing a facility that provides a temporary* shelter for individuals or families who are currently experiencing homelessness. This includes day and warming centers that do not provide overnight accommodations. (RCW 36.70A.030(15)) a project that provides housing and supportive services for up to two years (or longer) for individuals or families who are experiencing homelessness. The purpose of transitional housing is to facilitate the movement of people from homelessness to permanent housing. (RCW 84.36.043(3)(c)) temporary* indoor accommodation for individuals or families who are homeless or at imminent risk of becoming homeless. It is intended to address the basic health, food, clothing and personal hygiene needs of individuals or families. (RCW 36.70A.030(14)) subsidized, leased housing with no limits on length of stay. It is designed to support people who were experiencing homelessness or likely to experience homelessness before moving because of their complex and disabling behavioral health and physical health conditions. Residents are provided with support services, such as mental and physical health care and employment services, to help them stay housed. Permanent supportive housing often has less strict admissions criteria than other forms of housing, especially related to rental history, criminal history and personal behaviors. (See RCW 36.70A.030(31) for full definition) *Temporary refers to the duration of residence for individual participants rather than the physical structure itself or the duration of land use. STEP 101 FACTSHEET - JULY 2024 V3.1 Packet Pg. 27 9.1.a How should my jurisdiction plan for STEP? Cities and counties must plan for and accommodate housing affordable to all incomes in their 20-year comprehensive plans and development regulations. These housing needs are determined through a countywide process where each jurisdiction receives a share of the total countywide housing need. By their comprehensive periodic update deadline (see map), cities and counties must: Fw , Padit l ewrs c renkh. G•I,ekt V. . Yam" Cokn,ha n;r,vo Bwwn • Develop policies to plan for and f accommodate housing affordable to all economic segments, • Allow sufficient zoning capacity for these 20240,,. 3,- 02025meoe",ov314026wejrne3o, ■2027L ei,.M * Strred canoes ere parudly pannmq undo the Growth Menegert,em Ari housing needs, including permanent supportive housing (PSH) and emergency housing, • Identify barriers to the development of affordable housing and an action plan to remove these barriers, and • Based on new state laws adopted in 2021, cities must not prohibit emergency housing and emergency shelters in all zones that allow hotels, and cities must allow permanent supportive housing and transitional housing in all zones that allow hotels and residential development. Why Is STEP Such a Big Issue? From 2007 to 2013, as rent prices surged and vacancy rates decreased, Washington experienced a dramatic increase in people experiencing homelessness. In 2021, Washington made changes to its state planning framework to address the need for more housing, including STEP. Local jurisdictions are currently working to implement these changes in their local regulations and comprehensive plans. FROM 2007-2023, WASHINGTON EXPERIENCED A 19.9% RISE IN HOMELESSNESS According to � n�j federal estimates, ® J���" to afford rent for a household must or an average a two -bedroom have an annual hourly, rate of home in income of Washington: � state _ minimum • • wage per hour RISING RENTS AND A LACK OF HOUSING SUPPLY ARE THE CORE CAUSES OF INCREASED HOMELESSNESS IN THE STATE STEP 101 FACTSHEET — JULY 2024 V3.1 Packet Pg. 28 9.1.a Benefits of STEP ® Reduces the number of people living and sleeping in unsafe conditions and public spaces 0 Helps various populations, including people who are currently homeless or housing insecure, formerly homeless aging adults, families with child welfare involvement, individuals with chronic patterns of homelessness, people 0 involved with the justice system, and adults with intellectual and developmental disabilities. 0 Provides tenancy support services to help vulnerable people maintain stable housing ©Connects participants to essential services such as health care, job opportunities and public benefit income Improves participants' mental and physical health through timely medical care ® Enhances participants' employment prospects and incomes and fosters social connections Reduces the likelihood of residents being incarcerated 0 Decreases the public cost burden on other services, such as hospitals and emergency response, and therefore costs the same amount or less than its alternatives Relevant Laws for Siting and Permitting STEP Local governments fully planning under the Growth Management Act (GMA) must plan Growth Management Act: for and accommodate housing that is affordable to all income levels. Each jurisdiction is RCW 36.70A.070(2) required to allow sufficient capacity for STEP in accordance with their share of countywide housing needs and make adequate provisions for these needs. Cities must not prohibit indoor emergency shelters and indoor emergency housing in any RCW 35.21.683 and RCW zones in which hotels are allowed, and must allow permanent supportive and transitional 35A.21.430 housing in zones where residential dwelling units or hotels are allowed. The laws also limit the application of occupancy, spacing and intensity of use requirements for STEP. Local governments may not impose requirements on an affordable housing development RCW 36.130.020 that are different from the requirements imposed on housing developments generally. Affordable housing includes permanent supportive housing and other types of subsidized and leased housing. Local governments fully planning under the GMA must provide density bonuses for any RCW 36.70A.545 affordable housing, including STEP types with leases, on real property owned or controlled by a religious organization. RCW 35.21.915, RCW Local governments may not impose overly restrictive regulatory limits on encampments, 35A.21.360, and RCW safe parking, overnight shelters and temporary small houses on property owned or 36.01.290 controlled by a religious organization. Local governments fully planning under the Growth Management Act (GMA) have the RCW 36.70A.540 authority to offer incentives in exchange for providing development for low-income households. STEP 101 FACTSHEET — JULY 2024 V3.1 I Packet Pg. 29 9.1.a Promising Practices for Planning for STEP Allow STEP outright as a permitted use in designated zones. In some areas of Washington state, STEP is still Streamlines permitting listed as a conditional use. This means STEP projects face Encourages STEP development additional regulations that typically involve a longer local Reduces work for local government staff government review process and may also include a public input process that could delay permitting. The purpose of this process is to more carefully assess the development's potential impacts on traffic, noise, safety and community character before granting approval To increase STEP, communities can allow these projects in certain zones without this additional process. Reduce and clarify requirements to streamline permitting steps and reduce barriers for STEP development. Many local ordinances and regulations are not consistent with state law since they include occupancy, spacing and intensity of use' requirements for STEP that are not explicitly linked to public health and safety. Additionally, many communities impose potentially burdensome development, operating, facility, reporting, service and other requirements for STEP that differ from those for other similar residential dwelling types. When developing local ordinances and regulations, jurisdictions can limit additional requirements for STEP to speed up permitting, limit discretionary approval processes, reduce work for local government staff, support developers and help increase affordable housing and STEP production. Provides quicker and more predictable Expedite permitting processes for STEP projects, thereby Prevents providing quicker, more predictable timelines that help delays prevent cost increases caused by project delays. Expedited permitting processes require sufficient staff, so jurisdictions interested in this strategy can start by assessing whether they need to hire additional employees to expedite reviews more efficiently. Provide land use and financial incentives to encourage households more STEP production. Affordable housing and STEP Increases STEP production developments face numerous challenges before they can reach the construction phase, and a lack of project financing is often one of the most significant barriers. To help STEP projects overcome this challenge, jurisdictions can play an important role by providing support through density bonuses, reduced or waived fees, regulatory exemptions, free or discounted land, grants or loans, tax exemptions, or other support. Encourage STEP development in locations close to healthcare services, transportation, jobs and other amenities to promote economic mobility and access to services. STEP housing is best suited for urban growth areas and cities, but may be appropriate in select Limited Areas of More Intense Rural Development (LAMIRDs) if enough support services, transportation and infrastructure services are available. 2 Intensity with respect to STEP can refer to the density of people or services needed by participants in a single location or facility. STEP 101 FACTSHEET — JULY 2024 V3.1 I Packet Pg. 30 MODEL ORDINANCE AND COMMUNICATIONS TOOLKIT FOR STEP 0 v3.5 Packet Pg. 31 9.1.b Acknowledgments Washington State Department of Commerce Laura Hodgson, Housing Planning and Data Manager, Growth Management Services (GMS) Anne Fritzel, AICP, Housing Section Manager, GMS Kirsten Jewell, Housing Policy Manager, Housing Division (HD) Melodie Pazolt, Managing Director of Apple Health and Homes Permanent Supportive Housing Unit, HD Kathy Kinard, Managing Director of Homelessness Assistance Unit, HD Abt Global Lindsey Elam, AICP, Senior Analyst Jill Khadduri, PhD, Principal Associate Katie Kitchin, Director, State and Local Housing and Asset Building Candace Baker, Associate Nam Ha, Associate Analyst Georgia Rawhouser-Mylet, Associate Analyst Frances Walker, Research Assistant The Corporation for Supportive Housing Theresa Tanoury, MSW, Seattle -based Senior Program Manager Lori Gutierrez, MSW, Senior Program Manager Debbie Thiele, Western Region Managing Director Sharon Rapport, California State Policy Director Angela Brooks, FAICP, Illinois Program Director Department of Commerce P.O. Box 42525 Olympia, WA 98504-2525 www.commerce.wa.gov For people with disabilities, this report is available on request in other formats. To submit a request, please call 7-1-1 and ask to be connected to 360-725-4000. Thank you to the: Advisory Committee: Alliance for Housing Affordability at Housing Authority of Snohomish County Association of Washington Cities (AWC) City of Bellingham City of Port Townsend City of Spokane City of Vancouver City of Wenatchee Dee Caputo, FAICP, Washington State Department of Commerce, Growth Management Services (Retired) Downtown Emergency Services Center (DESC) Futurewise GS Consulting King County, Health through Housing Mercy Housing Northwest Washington State Association of Counties (WSAC) Local jurisdictions and organizations that participated in the state of the practice interviews: City of Federal Way City of Kenmore City of Kent City of Langley City of Olympia City of Spokane City of Vancouver City of Wenatchee GS Consulting King County Lewis County Plymouth Affordable Housing Development Snohomish County Washington State Department of Health STEP STATE OF THE PRACTICE - JULY 2024 2 Packet Pg. 32 9.1.b Contents ExecutiveSummary..................................................................................................................................... 4 PromisingPractices..................................................................................................................................................4 Chapter1: Introduction................................................................................................................................ 7 Chapter2: Background................................................................................................................................ 9 Scale of Housing Needs in Washington State......................................................................................................... 9 Drivers of Homelessness in Washington State....................................................................................................... 9 Benefitsof STEP Development Types...................................................................................................................11 STEP Building Structure Types and Forms............................................................................................................12 Chapter 3: Relevant State and Federal Laws and Requirements.................................................................. 14 Definitions................................................................................................................................................................14 STEP Zoning and Development Regulation Laws.................................................................................................16 State Licensing and Operating Requirements.......................................................................................................21 Requirements Associated with State and Federal Funding................................................................................. 21 Chapter 4: Municipal Planning and Implementation.................................................................................... 25 PlanningRegionally for STEP................................................................................................................................. 25 Accommodating and Regulating STEP Locally Permitting STEP .................................................. Barriers to STEP Development .......................... Promising Practices ........................................... 27 29 32 33 Appendices............................................................................................................................................... 35 Other Potentially Relevant Laws and Definitions.................................................................................................. 35 Licensing Requirements for Transient Accommodations and Crisis Shelters...................................................36 RelatedCase Law....................................................................................................................................................36 STEP STATE OF THE PRACTICE - JULY 2024 Packet Pg. 33 9.1.b Executive Summary Washington state passed House Bill 1220 (HB 1220) in 2021, amending the Growth Management Act and municipal code requirements (RCW 36.70A.070(2), RCW 35A.21.430 and RCW 35.21.683). The law requires local governments to plan for and accommodate housing affordable to all income levels and outlines specific zoning and development regulations for four different housing types. These housing types include indoor Emergency Shelter, Transitional housing, Emergency housing and Permanent supportive housing (STEP). Under the new municipal regulations, cities cannot prohibit emergency shelter and emergency housing in areas where hotels or motels are allowed, and permanent supportive housing and transitional housing must be allowed in any zones where residential dwellings and hotels are allowed. Additionally, local restrictions on these developments related to spacing, occupancy and intensity of use that differ from other residential development types must be linked to public health and safety and must allow for a sufficient number of housing units to accommodate each city's projected housing needs. Washington cities were required to update their regulations to be consistent with the municipal regulations by September 2021. However, some communities lacked the necessary resources to comply, some were waiting for Commerce to project housing needs for each county, and some implemented policies that created additional barriers for increasing STEP in Washington. Local governing bodies have the police power to set zoning and development rules, which is one way to lower barriers for affordable housing and STEP production To encourage STEP, jurisdictions should avoid adding burdensome regulations and requirements and adopt emerging best practices when developing their local ordinances. The Washington State Department of Commerce contracted with Abt Global and the Corporation for Supportive Housing to create a model ordinance and additional resources that are available to localities throughout the state to regulate and encourage STEP development, comply with state and federal laws and address local housing needs. To ensure the effectiveness of these efforts, an advisory committee consisting of local jurisdictions, developers and non-profit organizations provided guidance and feedback. The development of these materials also considered public input and promising practices from communities in Washington and other parts of the country. These practices include reducing barriers to developing STEP by creating local zoning ordinances that allow STEP outright as permitted uses in certain areas, reducing regulations and requirements for STEP, expediting permitting processes for STEP, incentivizing STEP and encouraging STEP near existing infrastructure and services. Promising Practices o Allow STEP developments outright as a permitted use in designated zones to streamline permitting. In some areas of Washington state, STEP is still listed as a conditional use, so projects have additional regulations that typically involve a more lengthy local government review process, and may also include a public input process that may delay permitting projects. The purpose of the more involved conditional use process is to more carefully assess the development's potential impacts on traffic, noise, safety and community character before granting approval. To increase STEP production, communities can allow these projects in certain zones without this additional process. For instance, in California, the County of Los Angeles Homelessness Initiative encourages local jurisdictions to designate at least one area where emergency shelters are allowed as a permitted use outright, also referred to as allowed by -right.' ' The Los Angeles County Homeless Initiative. Do's and Don'ts for Emergency Shelter Zoning. https://homeless.lacounty_gov/w - content/uploads/2017/1 1/SB-2-Dos-and-Donts.pdf STEP STATE OF THE PRACTICE - JULY 2024 4 Packet Pg. 34 9.1.b O Reduce and clarify requirements to streamline permitting and decrease barriers for STEP development. Many initial STEP local ordinances and regulations are not consistent with state law by including occupancy, spacing and intensity of use requirements for STEP that are not explicitly linked to public health and safety in their ordinance. Additionally, many communities impose potentially burdensome development, operating, facility, reporting, service and other requirements for STEP that differ from those for other similar residential dwelling types. When developing local ordinances and regulations, jurisdictions can limit additional requirements for STEP to speed up permitting, limit discretionary approval processes, reduce work for local government staff, support developers and help increase affordable housing and STEP production. O Expedite permitting processes for STEP projects, thereby providing quicker, more predictable timelines that help prevent cost increases caused by project delays. For example, Seattle has implemented an expedited permitting process to encourage STEP production. Permanent supportive housing projects are now exempt from design reviews, which can help speed up their construction timelines and address issues of homelessness and housing insecurity more quickly. Another example includes the City of Port Townsend and Jefferson County, which worked closely together to expedite the permitting for a specific project that incorporates safe parking, a tiny house village and permanent supportive housing on the same piece of county -owned property. Expedited permitting processes requires sufficient staff, so jurisdictions interested in this strategy can start by assessing whether they need to hire additional employees to expedite reviews more efficiently. O Provide land use and financial incentives to encourage more STEP production. Affordable housing and STEP developments face numerous challenges before they can reach the construction phase, and a lack of project financing is often one of the most significant barriers. To help STEP projects overcome this challenge, jurisdictions can play an important role by providing support through density bonuses, reduced or waived fees, regulatory exemptions, free or discounted land, grants or loans, and more. A few cities with incentives for affordable housing and STEP include Anacortes, Bellevue, Bothell, Burien, Marysville, Redmond, Sammamish and Seattle. King County established the Health through Housing (HTH) Initiative, which uses its affordable housing sales tax funds to collaborate with local cities to build up to 1,600 emergency housing and permanent supportive housing units for people experiencing or at risk of chronic homelessness.2 s O Encourage STEP development in locations close to healthcare services, transportation, job prospects and other amenities to promote economic mobility and access to services. To meet the growing demand for housing and other community needs, local affordable housing and STEP providers and developers agree that jurisdictions can support the development of successful STEP by being intentional about the location of STEP. Many communities throughout Washington state and the country encourage affordable housing and STEP development in areas where existing infrastructure and services exist to promote sustainability; inclusivity; accessible services, transportation and employment opportunities; and the overall wellbeing of residents. Therefore, STEP is best suited for urban growth areas and cities, but may be appropriate in 2 King County. Health through Housing A Regional Approach to Address Chronic Homelessness. https://kinacounty_aov/en/legacy/depts/community-human-services/initiatives/health-through- housing#:-:text=The%20Health%2OThrouah%2OHousinci%20%28HTH%29%201nitiative%20is%20an.people%20experiencinci%20or%20a t%20risk%20of%20chronic%20 homelessness. 3 HB 1590, laws of 2019, authorizes county or city legislative authorities to impose a local sales and use tax for housing and related services and eliminates the requirement that the tax be subject to the approval of a majority of county or city voters. For other local affordable housing funding tools, see Appendix B, Exhibit B5 (pages 120-121) of Guidance for Updating Your Housing Element. STEP STATE OF THE PRACTICE - JULY 2024 Packet Pg. 35 9.1.b select Limited Areas of More Intense Rural Development (LAMIRDs) if enough support services, transportation and infrastructure services are available. O Partner with local service providers to create STEP regulations that are responsive to their needs. Affordable housing developers and service providers understand what is involved with developing STEP and how STEP operates. These stakeholders can help a local jurisdiction identify places in code where the regulations may cause barriers to STEP development and identify ways to reduce or remove those barriers. Communities can use these emerging best practices to encourage STEP production, accommodate local housing needs and support STEP developers, clients and staff. Implementing these practices can benefit some of Washington's most vulnerable populations, increase housing stability, promote community integration and contribute to larger initiatives to tackle homelessness and housing insecurity in the state. STEP STATE OF THE PRACTICE - JULY 2024 Packet Pg. 36 9.1.b Chapter 1: Introduction In 2021, Washington state passed House Bill 1220, which amended the Growth Management Act (GMA) and municipal code requirements-(RCW 36.70A.070(2), and RCW 35A.21.430 and RCW 35.21.683, respectively). The GMA requires cities and counties to develop comprehensive plans and development regulations for their communities. The new law mandates that county and local governments plan for and accommodate housing that is affordable for households of all income levels, including enough land capacity for all local housing needs. In addition, Sections 3-5 of the law outline specific zoning and development regulations for four different housing types: Emergency Shelter, Transitional housing, Emergency housing and Permanent supportive housing (STEP). Definitions for these types of housing and shelter are in the Growth Management Act and other statutes: 0 Emergency shelter means a facility that provides a temporary4 shelter for individuals or families who are currently homeless. Emergency shelter may not require occupants to enter into a lease or an occupancy agreement. Emergency shelter facilities may include day and warming centers that do not provide overnight accommodations. RCW 36.70A.030(15) 0 Transitional housing means a project that provides housing and supportive services to homeless persons or families for up to two years5 and that has as its purpose facilitating the movement of homeless persons and families into independent living. RCW 84.36.043(3)(c) 0 Emergency housing means temporary4 indoor accommodations for individuals or families who are homeless or at imminent risk of becoming homeless that is intended to address the basic health, food, clothing, and personal hygiene needs of individuals or families. Emergency housing may or may not require occupants to enter into a lease or an occupancy agreement. RCW 36.70A.030(14) 0 Permanent supportive housing is subsidized, leased housing with no limit on length of stay that prioritizes people who need comprehensive support services to retain tenancy and utilizes admissions practices designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing, especially related to rental history, criminal history, and personal behaviors. Permanent supportive housing is paired with on -site or off -site voluntary services designed to support a person living with a complex and disabling behavioral health or physical health condition who was experiencing homelessness or was at imminent risk of homelessness prior to moving into housing to retain their housing and be a successful tenant in a housing arrangement, improve the resident's health status, and connect the resident of the housing with community -based health care, treatment, or employment services. Permanent supportive housing is subject to all of the rights and responsibilities defined in chapter 59.18 RCW. RCW 36.70A.030(31) Most notably, state law says city codes cannot prohibit indoor emergency housing or indoor emergency shelters in areas where hotels are allowed unless the city has already authorized such housing in more than 50% of their zones within one mile of transit. Areas zoned for hotels and all areas zoned for residential dwellings in cities must allow permanent supportive housing and transitional housing. Additionally, any local restrictions on spacing, occupancy and intensity of use for these STEP developments that differ from other residential development types must be linked to public health and safety in a 4 Temporary applies to the person and how long they reside there, not the structure or length of time for the land use. 5 Although transitional housing is designed to move people into permanent housing in less than two years, some transitional housing programs do not limit the stay to two years. STEP STATE OF THE PRACTICE - JULY 2024 7 Packet Pg. 37 9.1.b community's local ordinance. These regulations must also not be so restrictive that they prevent the development of a sufficient number of housing units to meet the city's identified housing needs. O Occupancy: RCW 35.21.682, RCW 35A.21.314 and RCW 36.01.227 state cities and counties may not regulate or limit the number of unrelated persons who may occupy a dwelling unit except as provided for in state law, for short-term rentals or by occupant load per square foot. O Spacing: Spacing can refer to the distance between similar uses or the proximity to services (e.g., transportation). Any spacing requirements should not exceed the spacing required by RCWs 9.94A.030. 9.94A.703 and 9.94A.8445, which create community protection zones of 880 feet to prevent sex offenders from living near schools. O Intensity. With respect to STEP, intensity can refer to the density of people, transportation and/or services needed by the participants who live in a single location or facility. Washington's jurisdictions were required to update their regulations consistent with the municipal regulation requirements by September 2021. However, many communities lacked the resources or ability to do so at that time, or were waiting for Commerce to project housing needs for their county. Furthermore, some of the jurisdictions that updated their regulations did not comply with state and federal laws, and they imposed new rules that hindered the development of STEP in Washington. To help address these challenges, the Washington State Department of Commerce contracted with AM Global and the Corporation for Supportive Housing, as well as worked with an advisory committee comprised of local jurisdictions, developers and nonprofits to create resources to support local governments. These resources include this report, a model ordinance and other materials that localities across the state can use to help them encourage STEP development to comply with state and federal laws and address local housing needs. In addition to the advisory committee's feedback and public input, this State of the Practice Report informed Commerce's STEP Model Ordinance, User Guide and Best Practices Report and Communications Toolkit to further support local jurisdictions. STEP materials were also be coordinated with the state's Apple Health and Homes Permanent Supportive Housing (PSH) Communications Toolkit and the statutory definitions for STEP. The State of the Practice Report provides county and local governments with: • Background information on housing needs in Washington state. • Excerpts from relevant state and federal laws. • A summary of existing local ordinances and regulations. • Promising practices for addressing the siting and development of STEP STEP STATE OF THE PRACTICE - JULY 2024 Packet Pg. 38 9.1.b Chapter 2: Background Washington does not have enough housing to meet demand, resulting in housing prices rising faster than local wages, a main driver of increasing homelessness.6 To meet immediate affordable housing needs, state and local governments must encourage a diverse set of housing options, including STEP, to adequately address the unique needs of individuals, families, unaccompanied youth, seniors, veterans, people with disabilities and other subpopulations who are at the greatest risk of losing their housing in these market conditions. This chapter discusses: • The scale of housing needs in Washington, • Why there is so much need and the drivers of homelessness, and • What STEP looks like in Washington state. Scale of Housing Needs in Washington State Updates to RCW 36.70A.070(2) in 2021 revised how jurisdictions should plan for housing in their comprehensive plans. As part of this change, the Department of Commerce now provides projections of individual counties' future housing needs, including emergency housing and permanent supportive housing Counties must work with their local jurisdictions to plan for and accommodate these needs. Commerce's final housing needs projections show a demand for 1.1 million homes over the next two decades Of that 1.1 million, more than 600,000 homes need to be affordable for individuals at the lowest income levels (i.e., less than or equal to 80% of the area median income). Census data and population forecasts underscore the necessity for more than 50,000 new housing units annually to match the current projection as well as expected population growth.'s Because of an insufficient housing supply that cannot meet the rising demand, rent prices in Washington have significantly increased, while wages have only grown modestly. As of March 2024, there is a shortage of 171,981 rental homes that are affordable to renters with extremely low -incomes.' In order to afford rent for a two -bedroom home at the U.S. Department of Housing and Urban Development's (HUD) fair market rent, an annual household income of $75,556 or $36.33 per hour is required, which is much higher than the state minimum wage of $16.28 per hour.10, 11 To address the issue, many localities will need to plan for high and medium -density housing such as apartments, condominiums, multiplexes and accessory dwelling units, which are generally more affordable. Drivers of Homelessness in Washington State Based on the U.S. Department of Housing and Urban Development's (HUD) Annual Homeless Assessment Report to Congress for 2023, Washington is one of 25 states that have had a significant increase in 6 Washington State Department of Commerce. Drivers of Homelessness in Washington State. 2018. www.youtube.com/watch?v=X8NUHqpPf-U ' Washington Department of Commerce. Washington state will need more than 1 million homes in the next 20 years. State of Washington. 2023. www.commerce.wa.aov/news/washington-state-will-need-more-than-1-million-homes-in-next-20-years/ 8 For projections broken down by county, see Washington Department of Commerce's Planning for Housing in Washington (2023) 9 National Low Income Housing Coalition. 2024 Washington Housing Profile. https://nlihc.org/sites/default/files/SHP_WA.pdf 10 National Low Income Housing Coalition. How much do you need to earn to afford a modest apartment in your state? 2023. https://nlihc.ora/oor 11 Washington Department of Labor & Industries. Minimum Wage. 2024. www.Ini.wa.aov/workers-rights/wages/minimum-wage/ STEP STATE OF THE PRACTICE - JULY 2024 9 Packet Pg. 39 9.1.b homelessness, with a 19.9% rise from 2007 to 2023.12 This trend is driven mainly by rising rental costs, w is force individuals living on the edge into homelessness. Since 2012, rental prices in the state have increased significantly, particularly in urban centers such as King County. Low vacancy rates have worsened the situation, making it difficult for people to find housing even with adequate income or rental assistance. Despite an increase in income in the state, rents have risen at a faster rate, particularly for middle and lower -income households. Increases in homelessness driven by increasing rent prices have overshadowed the increased investments and effectiveness of homeless housing systems since 2012. While events such as losing a job, experiencing family instability or drug or alcohol addiction can put individuals and families at greater risk of homelessness in a tight housing market, evidence suggests that these factors are not responsible for Washington's trend of increasing unsheltered homelessness. In the same period that homelessness in Washington significantly increased, the state experienced: • Growth in workforce participation • Declines in teenage pregnancy and divorce • Drug overdose deaths increasing slower than they were nationally • Gross Domestic Product and wage growth • Sharp increases in rental prices This evidence shows that rising rents, combined with lagging income growth and a lack of housing supply, are the core causes of increased homelessness in the state. Additional investments and system improvements at both state and local levels are needed to address this issue. Tackling the root causes of rent increases is crucial for effectively reducing homelessness.13 People of color in Washington state are disproportionately affected by homelessness. As of July 2023, the demographic composition of the homeless or unstably housed population in Washington reflects a diverse range of backgrounds and significant disparities in who is experiencing homelessness. Among more than 202,000 homeless people recorded, approximately 13.2% identify as Native American or Alaska Native, contrasting to the 2% representation in Washington state's total population. Similarly, 19.8% of the homeless population are African American or Black, a demographic distinctly higher than the 4.6% representation in the state's overall population. Additionally, 5.5% of the homeless population identify as Native Hawaiian or Pacific Islander, compared to 0.8% representation in Washington state's total population (see Chart 1). According to the 2023 Homelessness in Washington report by Commerce, over 13,000 young people aged 12 to 24 face homelessness, often without parental support, termed "unaccompanied homelessness." This issue stems from complex factors, such as family dysfunction, system failures (like foster care exits) and societal challenges like economic instability and racism. Notably, 15% of youth experience homelessness within a year of leaving public systems and structural racism contributes to disproportionate rates among Black and Native youth, who make up at least 50% of homeless youth. LGBTQ+ youth facing family rejection are also at heightened risk, comprising up to 40% of the homeless youth population. Additionally, lack of education significantly increases the likelihood of homelessness; a national survey found that youth who did not complete high school were 4.5 times more likely to experience 12 de Sousa, et al. AHAR Report. 2023. U.S. Department of Housing and Urban Development. www.huduser.gov/portal/datasets/ahar.htm1 13 Washington State Department of Commerce. Drivers of Homelessness in Washington State. 2018. www.youtube.com/watch?v=X8NUHqpPf-U STEP STATE OF THE PRACTICE - JULY 2024 10 Packet Pg. 40 9.1.b homelessness than those who completed high school.14 This forms a concerning cycle of instability for vulnerable youth, highlighting the urgent need for comprehensive support systems. These figures indicate the significance of addressing homelessness across various racial and ethnic communities and highlight the need for targeted support and resources to address the unique challenges faced by each group within the homeless population. Chart 1: Racial Disparities in Homelessness in Washington state 08% Native Hawaiian/Pacific Islander Black or African American Native American or Alaska Native 61111111111111111111 Asian Em Hispanic or Latino White ■ % of Washington state total Population ■ % of Washington state Homeless Population Benefits of STEP Development Types STEP can help various populations, including formerly homeless aging adults, families with child welfare involvement, individuals with chronic patterns of homelessness, people involved with the justice system and adults with intellectual and developmental disabilities. STEP, like emergency shelters, emergency housing and transitional housing, may help individuals and families experiencing homelessness meet their basic needs while they wait for affordable permanent housing to become available. By offering an alternative, STEP can reduce the number of people living and sleeping in unsafe conditions and divert people from living in public spaces. Benefits of STEP include the following: o Provides support services aiding participants in maintaining stable housing. o Connects individuals to essential services such as physical and mental health care, employment opportunities and public benefit income.15 14 Chapin Hall. Missed Opportunities: Education Among Youth Experiencing Homelessness in America. University of Chicago. 2019. https://nn4youth.org/wp-content/uploads/ChapinH all_VoYC_Education-Brief.pdf 11 Public benefit income is Income that is received from public sources such as Medicare, social security, disability, SNAP, Housing and Essential Needs (HEN), etc. STEP STATE OF THE PRACTICE - JULY 2024 Packet Pg. 41 9.1.b O Improves participants' mental and physical health through timely medical care, access to mental hea care and preventive care. O Enhances participants' employment prospects and incomes, fostering social connections. O Reduces the likelihood of participants being incarcerated. O Permanent supportive housing decreases the public cost burden on other services, such as hospitals and emergency shelters; therefore, it costs the same amount or less than its alternatives.16 STEP Building Structure Types and Forms The term STEP, as used in this report and the state's model ordinance, refers to developments that adhere to the International Residential Building Code (IRBC), which includes rules for a permanent foundation, safe 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 2026.11 Additionally, tiny homes and park model homes18 may also face barriers because their size and dimensions may not conform to standard building codes. STEP can be provided through a variety of building, facility and shelter types and forms, including but not limited to those listed in Table 1. Permanent supportive housing requires a lease, while emergency and transitional housing may or may not require one.19 16 Corporation for Supportive Housing. FAQ's about Supportive Housing Research: Is Supportive Housing Cost Effective? 2018. www.csh.org/wp-content/uploads/2018/06/Cost-Effectiveness-FAQ. pdf 17 The Washington Legislature adopted Senate Bill 5553 in 2023 that directs the state building code council to adopt standards for temporary emergency shelters and make them available for local adoption. This may assist local governments with these building code questions for unique shelter accommodations. 18 Park model homes, as defined in RCW 59.20.030(20), means a recreational vehicle intended for permanent or semi -permanent installation and is used as a primary residence. Essentially, they are a cross between manufactured homes and recreational vehicles (RVs). 19 Some of the forms listed in Table 1, such as tiny homes, can also be used for other housing types that are not related to STEP. STEP STATE OF THE PRACTICE - JULY 2024 12 Packet Pg. 42 9.1.b Table 1 - STEP Building Structure Types and Forms Type . 7Form Emergency Shelters Transitional Housing Emergency Housing W rusing. 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 Tiny Shelters,*** including Prefabricated Shelter and Containers (e.g., pallet shelters) Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Park Model Homes as defined in RCW 59.20.030(20) Manufactured Home as defined in RCW 59.20.030(9) Tent Encampments Safe Parking (cars or RVs)**** Single-family homes Y Y Y Y Hotel/ Motel Units Y Y Y Y Y Crisis Shelters Rental Units with Leases No Leases Typically Y Y Y Y Y *See RCW 35.21.686: a dwelling to be used as permanent housing with permanent provisions for living, sleeping, eating, cooking, and sanitation built in accordance with the state building code. **Small Cottages, as defined in the forthcoming Housing Trust Fund (HTF) Handbook: Single dwelling units smaller than 400 square feet, built on a foundation that provides complete living facilities such as living, sleeping, eating, cooking and sanitation. To be eligible for HTF capital funding, these must be built to Washington State Building Code, defined within Appendix Q of the Washington Residential Building Code revised 2021. ***Tiny Shelters, as defined in the forthcoming Housing Trust Fund (HTF) Handbook: Temporary shelters that do not have the amenities of a single dwelling unit, and rely on shared facilities for dining, laundry and bathrooms. Structure may or may not be on a foundation. For HTF funding, Washington State Building Code will be required when supplemental standards are adopted. ****RVs are not intended for long-term living except in manufactured home parks, where they must be allowed, and local governments may designate other areas where they may be allowed (RCW 35.21.684). Although it is recognized that RVs are used for long-term housing in many places. STEP STATE OF THE PRACTICE - JULY 2024 Packet Pg. 43 9.1.b Chapter 3: Relevant State and Federal Laws and Requirements Various state and federal laws, definitions and other requirements contribute to the siting and development of STEP in the state of Washington. This chapter discusses: • Definitions for important undefined or related terms in the Growth Management Act, RCWs 35A.21 and 35.21, and other existing laws; • Excerpts from current standards, rules, ordinances and legal precedents; • Summaries of state licensing and operating requirements; and • Explanations of federal and state funding requirements. Definitions The additional definitions provided below are from legislation relevant to the siting and development of STEP in Washington state. These definitions provide additional information for interpreting the laws, guiding development, and promoting consistency and adherence to state requirements: Affordable housing means, unless the context clearly indicates otherwise, residential housing whose monthly costs, including utilities other than telephone, do not exceed 30% of the monthly income of a household whose income is: For rental housing, 60%of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development; or For owner -occupied housing, 80% of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development. RCW 36.70A.030 Affordable housing development, at a minimum in the context of RCW 36.130, means a housing development in which at least 25% of the dwelling units within the Related Terms Crisis shelter is defined as a transient accommodation, at a permanent physical location, providing emergency or planned lodging services to a specific population, for periods of less than thirty days. A crisis shelter may or may not be reimbursed for services in the form of rental fee or labor, WAC 246-360- 010. A crisis shelter could be categorized under emergency housing or shelter, and there is potential overlap with transitional housing. Efforts are underway to update transient accommodations rules to address these challenges with support from the Department of Commerce, the State Board of Health, and the state legislature. Shelter can also be defined as temporary lodging with supportive services, offered by community -based domestic violence programs to victims of domestic violence and their children. RCW 70.123.020 Transient accommodation is defined as any facility that offers three or more lodging units to guests for periods of less than 30 days, consistent with WAC 246-360. development are set aside for or are occupied by low-income households at a sales price or rent amount that is considered affordable by a federal, state or local government housing program, (RCW 36.130.010). Indoor emergency housing or transitional housing that is administered through a lease and permanent supportive housing are determined to be affordable housing under RCW 36.130.020.20 20 Draft Washington Administrative Code (WAC) Changes - 365-196-Part 4 - March 2024 STEP STATE OF THE PRACTICE - JULY 2024 14 Packet Pg. 44 9.1.b Emergency housing is defined in two distinct ways in state code. The Department of Revenue uses the definition in RCW 84.36.043(3)(b) to assess the tax-exempt status of organizations operating emergency shelters. The definition diverges from the Department of Commerce's definition of emergency shelter in the Introduction section. Emergency housing, in the context of RCW 84.36.043, refers to a project that offers housing and supportive services to homeless individuals or families for a duration of up to sixty days. Homeless Management Information System is a generic term for an electronic record system that enables information -gathering about and continuous case management of people experiencing homelessness across agencies in a particular jurisdiction (city, county and/or state). Homeless service providers collect information 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 STEP STATE OF THE PRACTICE - JULY 2024 15 Packet Pg. 45 9.1.b (6) unaccompanied youth and homeless families with children and youth defined as homeless under other Federal statutes who — (A) have experienced a long term period without living independently in permanent housing, (B) have experienced persistent instability as measured by frequent moves over such period, and (C) can be expected to continue in such status for an extended period of time because of chronic disabilities, chronic physical health or mental health conditions, substance addiction, histories of domestic violence or childhood abuse, the presence of a child or youth with a disability, or multiple barriers to employment. The federal government provides further criteria and reporting requirements for defining homelessness. Reasonable, for the purposes of RCW 35A.21.43O 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.O1.29O(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. STEP STATE OF THE PRACTICE - JULY 2024 Packet Pg. 46 9.1.b Washington state laws that specifically apply to STEP O The Growth Management Act and RCWs 35A.21 and 35.21 require local governments to plan for and accommodate housing affordable to all income levels as provided by the Department of Commerce. Documentation of land use capacity for emergency housing and permanent supportive housing needs is required for both counties and cities (RCW 36.70A.070(2)(c)). Countywide housing needs are determined based on a selected population target from the state -provided population projection range, using Commerce's Housing for All Planning Tool (HAPT) to identify projected housing needs by income level. These countywide housing needs are to be allocated to each jurisdiction in a county. Each jurisdiction 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. O 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. O 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. O 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. O City code must allow permanent supportive housing in areas where multifamily housing is permitted under RCW 35.21.689. State laws for land use regulation O Fully planning local governments are required to document how they have sufficient land use capacity for all future housing needs by income level (RCW 36.70A.070(2)(c)). To determine whether jurisdictions have the land capacity for STEP, local governments can refer to Guidance for Updating your Housing Element Book 2 for specific steps, starting on page 41 for emergency housing, and starting on approximately page 31 for permanent supportive housing. O Fully planning counties are required to have countywide planning policies that consider the need for housing for all economic segments and the parameters for its distribution (RCW 36.70A.210(3)(e)). O A city, county or other local governmental entity or agency may not adopt, impose or enforce requirements on an affordable housing development that are different than the requirements imposed on housing developments generally (RCW 36.130.020). However, this law does not prohibit any city, county or other local governmental entity or agency from extending preferential treatment to affordable housing developments, including, but not limited to a reduction or waiver of fees, changes in applicable requirements, or other treatment that reduces or is likely to reduce the development or operating costs of an affordable housing development.21 21 A local government may also impose and enforce requirements on affordable housing developments as conditions of loans, grants or affordable housing incentives (RCW 36.130.020(3)). However, regulations must be consistent to all affordable housing that receives STEP STATE OF THE PRACTICE - JULY 2024 17 Packet Pg. 47 n 0 0 X U 0 0 C47 0 9.1.b City and county regulations may not limit the number of unrelated persons that may occupy a househola or dwelling unit except for lawful limits on occupant load per square foot or building code limits (RCW 35.21.682, RCW 35A.21.314 and RCW 36.01.227). Jurisdictions looking for assistance should consult their building official/applicable building codes. 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 w 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 o 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 o funds or sale or lease of public property; or as conditions to eligibility for any affordable housing incentive •L program under RCW 36.70A.540 or any other program involving bonus density, transfer of development c 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 ° as regulates where level two and three sex offenders may not live (RCW 9.94A.020(6)). It is not necessary or S advised to add local regulations to create a community protection zone. a 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 a 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 a` 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 o (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 co 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 w at least 2 days' written notice before entering a rental to make repairs or inspect the place and landlords Cn must have good cause for evicting a tenant (e.g., not paying rent, missing a payment under an installment N 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 E examine their laws, regulations and policies to assess their environmental impacts to ensure environmental values are part of state and local decision -making. Q benefit, and proportional and connected to benefit. For example - if a jurisdiction allowed parking waivers for developments, they could require a parking management plan, or if the jurisdiction provided a grant or funding for affordable housing, the jurisdiction could require that audits be performed to ensure units are available to residents meeting income requirements. STEP STATE OF THE PRACTICE - JULY 2024 18 Packet Pg. 48 9.1.b Federal laws O According to the Fair Housing Act, city and county codes must not discriminate against the siting of housing for people with disabilities or any reasonable accommodations associated with the housing. The Fair Housing Act prohibits jurisdictions from making zoning or land use decisions or implementing land use policies that exclude or discriminate against people with disabilities. The Fair Housing Act also prohibits enforcing a "neutral" rule or policy that has a disproportionately adverse effect on a protected class unless there is a valid business reason for the rule or policy and the housing provider can show that there is no less discriminatory means of achieving the same result. Federal fair housing protected classes are race, color, national origin, religion, sex (including gender identity and sexual orientation), familial status and disability. O 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. O The Religious Land Use and Institutionalized Persons Act states, "no government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of 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 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. 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. RCW 35.21.689 and RCW 35A.21.305 require cities to allow permanent supportive housing in areas where multifamily housing is permitted. RCW 36.130.020 prohibits any local government from having requirements on an affordable housing development that are different from the requirements imposed on housing developments generally. 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 I Y I Y RCW 36.70A.545 requires fully planning cities and counties to allow increased density I I Y* bonuses for any affordable housing on real property owned or controlled by a religious organization. Y* RCW 35.21.915, RCW 35A.21.360 and RCW 36.01.290 any local government regulatory I Y I I Y limits on encampments, safe parking, overnight shelters, and temporary small houses on property owned or controlled by a religious organization. RCW 36.70A.540 gives authority to local governments to offer incentives in exchange for I I Y* I Y* providing development for low-income housing units. VA STEP STATE OF THE PRACTICE - JULY 2024 Packet Pg. 49 9.1.b RCW 36.70A.070(2)(c) requires fully planning local governments to document how they I Y** I I Y I Y have sufficient land use capacity for all future housing needs by income level. RCW 36.70A.210(3)(e) requires fully planning counties to have countywide planning Y Y Y Y policies that consider the need for housing for all economic segments and the parameters for its distribution. Y Y Y Y RCW 9.94A.020(6) regulates where level two and three sex offenders may not live. RCW 36.70A.390 states public hearing requirements for moratoria and interim zoning Y Y Y Y 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. Washington Law Against Discrimination prohibits requirements imposed on STEP that Y Y Y Y violate civil rights protections. I I Y* I Y* I Y Washinaton State Residential -Landlord Tenant Act includes laws landlords must follow. Washington State Environmental Policy Act requires all branches of government in the Y Y Y Y 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. i Americans with Disabilities Act prohibits discrimination against individuals with Y Y Y Y disabilities and provides enforceable standards to address discrimination. Fair Housing Act prohibits "neutral" policy that has a disproportionately adverse effect on Y Y Y Y a protected class. Religious Land Use and Institutionalized Persons Act prevents the implementation of land Y Y Y Y use regulations that impose a substantial burden on the religious exercise of a person. *Only applicable when the housing has a lease. **Emergency shelters are grouped with emergency housing needs in Commerce's projected housing needs. STEP STATE OF THE PRACTICE - JULY 2024 Packet Pg. 50 9.1.b State Licensing and Operating Requirements In Washington state, not all STEP have licensing and operating requirements under state law. Temporary Accommodations The Department of Health (DOH) has the authority to license some shelters under transient accommodation rules, consistent with WAC 246-360. A transient accommodation is any facility that offers three or more lodging units to guests for periods of less than 30 days. Shelters are required to be licensed through DOH if they offer three or more lodging units for periods of less than thirty days. Most shelters operate without licenses, and many are unaware of the requirement. If DOH receives a complaint about shelter conditions, they may inspect the facility to determine if it should be licensed as a transient accommodation. If the shelter meets the requirement and is not licensed, DOH will inform them of the requirement and assist in the licensing process. STEP for youth populationS22 (chapter 100-145 WAC) and other specific housing programs may have additional licensing requirements. Permanent Supportive Housing Permanent supportive housing requires leases and must adhere to the state landlord -tenant laws under Chapter 59.18 RCW. The Department of Commerce strives to align permanent supportive housing with the guidance and best practices of both the federal and state governments; these include the evidence -based best practice model and guidelines of the U.S. Department of Health and Human Service, Substance Abuse and Mental Health Services Administration (SAMHSA) that emphasize choice, safety and integration into the community. Similar best practices have been established by the Washington Health Care Authorit and the Department of Social and Health Services. The Washington State Department of Health (DOH) and Department of Social and Health Services (DSHS) DOH and Residential Care Services within DSHS are the two main licensing bodies in the state relevant to residential facilities. DOH licenses residential treatment facilities, which are sometimes confused with STEP. Residential treatment facilities are defined as establishments in which twenty-four hour on -site care is provided for the evaluation, stabilization or treatment of residents for substance use, mental health, co-occurring disorders, or for drug exposed infants. A few examples of these facilities in Washington state are Pioneer Human Services, offering residential treatment programs for substance abuse recovery, and Navos, providing residential treatment options in addition to comprehensive mental health and addiction recovery services. Washington State Health Care Authority reimburses the services within residential treatment facilities through Managed Care Organizations and Behavioral Health Administrative Service Organizations. DSHS is responsible for the licensing and oversight of adult family homes, assisted living facilities, nursing facilities, intermediate care facilities for individuals with intellectual disabilities, and certified community residential services and supports. These settings are also sometimes confused with STEP. Requirements Associated with State and Federal Funding Developing and operating STEP usually requires some form of financial assistance from the public sector, financial institutions, private investors or non-profit organizations.23 Often a combination of these funding sources is needed, each with its own unique requirements. When creating local ordinances and regulations for STEP, jurisdictions can consider the complex funding sources and their existing requirements that these types 22See definition of "youth" in WAC 100-145-1305. Generally "youth" means a person who is under 18 years old, except for a few circumstances when "youth" can be up to 21 or 25 years old. 23 For more funding sources, see page 16 of the Health & Housing Partnership Toolkit for Washington State (2023). STEP STATE OF THE PRACTICE - JULY 2024 21 Packet Pg. 51 9.1.b of projects are already required to meet. This consideration is important to ensure that local requiremen s an processes do not become overly burdensome when combined with others, as this can make it even more difficult to develop STEP. In Washington state, some of the typical funding sources for STEP include: Apple Health and Homes In 2022, Washington allocated $60 million in capital funding to support the acquisition and construction of homes exclusively for eligible participants in the Apple Health and Homes (AHAH) initiative. AHAH integrates healthcare services with housing by providing capital financing and operating assistance paired with supportive housing and employment services. Eligible participants must be Foundational Community Supports Medicaid beneficiaries with medical risk factors such as chronic patterns of homelessness, behavioral health needs, disabilities or long-term care needs. Consolidated Homeless Grant The Consolidated Homeless Grant (CHG) is an important resource for the state's homeless crisis response system. It comprises four separate funds allocated to grantees such as county governments and nonprofits: CHG Standard, Permanent Supportive Housing for Chronically Homeless Families (PSH CHF), Eviction Prevention and Housing and Essential Needs (HEN). These grant programs fund various types of assistance, including homelessness prevention, street outreach, emergency shelters, transitional housing, rapid re -housing and permanent supportive housing. Each fund has its own guidelines and grant management requirements, such as documentation needed for clients, reporting requirements, staff training requirements, operational expenses, administrative cost requirements and service delivery requirements. Each county must maintain a Coordinated Entry process and follow the Washing State Coordinated Entry Guidelines to keep a record of intake, assessment and referral that gets households in a housing crisis connected to available resources in the community. To qualify for CHG- funded support, households must meet both housing status and income requirements. The Department of Commerce's Housing Division publicly tracks CHG outcome measures for each county online, offering transparency about grantees' performance and adding an additional layer of accountability. Lead/subgrantees providing direct service must enter client data into the Homeless Management Information System (HMIS) for all temporary and permanent housing interventions regardless of funding source, according to the most updated HMIS Data Standards. As mandated by the Homelessness Housing and Assistance Act, the Washington Department of Commerce is responsible for maintaining a statewide HMIS data warehouse. Commerce is responsible for operating a HMIS for counties that are part of the Balance of State Continuum of Care (CoC), while the five Washington counties with the largest populations have their own CoCs and separate HMIS. The Department of Commerce's Housing Division uses HMIS to analyze aggregate data and publish counties' homeless system performance and the state of equity in homeless systems, providing transparency about how counties are performing and information on CHG outcome measures. Both the Department of Commerce and the other CoCs report system performance measures to HUD. Emergency Solutions Grants The Emergency Solutions Grant (ESG) program utilizes federal funding from HUD's Homeless Emergency Assistance and Rapid Transitions to Housing Act of 2009 (HEARTH Act). All Commerce grantees and subgrantees must follow all applicable sections of the program regulations, as outlined in the HUD ESG Interim Rule. The ESG grant aids communities in providing street outreach, emergency shelter, rental assistance and related services to adults and families with children facing or at risk of homelessness. Its main goals are to prevent homelessness among households at risk and rapidly re -house individuals experiencing homelessness. STEP STATE OF THE PRACTICE - JULY 2024 22 Packet Pg. 52 9.1.b In addition to the HUD Interim Rule, the Washington State Department of Commerce also has its own guidelines and grant management requirements for the ESG fund, such as documentation needed for clients and requirements for reporting, staff training, operational expenses, administrative costs and service delivery. To qualify for ESG-funded support, households must meet both housing status and income requirements. Similar to other grants, lead/subgrantees providing direct service must enter client data into the Homeless Management Information System (HMIS) for all temporary and permanent housing interventions regardless of funding source, according to the most updated HMIS Data Standards. 6 System Demonstration Grant The System Demonstration Grant (SDG) combines state homeless resources into a single grant opportunity for county governments under the administration of the Department of Commerce. It comprises four separate funds allocated to grantees such as county governments and nonprofits: SDG Standard, Permanent Supportive Housing for Chronically Homeless Families (PSH CHF), Eviction Prevention and Housing and Essential Needs (HEN). These grant programs fund various types of assistance, including homelessness prevention, street outreach, emergency shelters, transitional housing, rapid re -housing and permanent supportive housing." Each fund has its own guidelines and grant management requirements, such as documentation needed for clients and requirements for reporting, staff training, operational expenses, administrative costs and service delivery. To qualify for SDG-funded support, households must meet both housing status and income requirements. SDG counties should adhere to the HUD CoC Program Coordinated Entry requirements and guidelines as outlined in the Coordinated Entry Core Elements. Washington State Housing Finance Commission - Tax Credits The federal Low Income Housing Tax Credit (LIHTC) program, established under the 1986 Tax Reform Act, helps develop low-income rental housing by providing tax credits to qualified owners, including permanent supportive housing. The Washington State Housing Finance Commission administers these credits for residential rental properties in the state. The LIHTC program operates under a Qualified Allocation Plan (QAP), Rules and Policies, which outline preferences, criteria and procedures for credit allocation and compliance monitoring. The policies guide project evaluation and eligibility criteria, emphasizing values such as racial equity and resource efficiency. Commission staff interpret and administer the policies to ensure compliance with federal regulations. Washington State Housing Trust Fund Washington state's Housing Trust Fund can also provide capital for developing and preserving permanent supportive housing. Loans are provided for projects that serve households with less than 80% of the Area Median Income (AMI), but most properties are for properties targeted to households with incomes less than 30% of AM[, including people experiencing homelessness and people needing supportive housing. Local Funding Sources In addition to state and federal resources, county and city governments can support funding STEP housing, facilities and service models. For example, the City of Seattle passed an unprecedented levy in 2023 to support affordable housing development, including units for people experiencing homelessness, and to provide short- 24 More details on SDG are available in the Department of Commerce's Guidelines for the System Demonstration Grant, Version 2, Updated June 10, 2024. STEP STATE OF THE PRACTICE - JULY 2024 23 Packet Pg. 53 9.1.b term rent assistance and housing stability services to prevent homelessness.25, 26 Each county also funds Rs own homeless services through locally retained document recording fees, as outlined in RCW 36.22.250. Other local option tools for addressing affordable housing funding gaps include:21 O Housing and related services sales tax (RCW 82.14.530) O Affordable housing property tax levy (RCW 84.52.105) O REET 2 (RCW 82.46.035) - GMA jurisdictions only and only available through 2025 O Lodging Tax (RCW 67.28.150 and RCW 67.28.160) to repay general obligation bonds or revenue bonds O Mental Illness and Drug Dependency Tax (RCW 82.14.460) - jurisdictions with a population over 30,000 O Donating surplus public lands for affordable housing projects (RCW 39.33.015) O Impact fee waivers for affordable housing projects (RCW 82.02.060) O Application fee waivers or other benefits for affordable housing projects (RCW 36.70A.540) Other Funding Sources Additionally, public housing authorities can use HUD Project Based Vouchers (PBVs) to support projects. PBVs are an integral part of a public housing authority's Housing Choice Voucher program aimed at providing affordable housing options. Public housing authorities utilize existing tenant -based voucher funding from the federal government to allocate PBV units to specific projects selected either through competitive or non- competitive processes. Up to 20% of authorized voucher units can be used for PBV assistance in projects where owners agree to affordable housing rehabilitation, construction or unit set -asides. In certain cases, an additional 10% of authorized voucher units may be used for PBVs. Private fundraising, philanthropic organizations and non -profits can also be funding sources for STEP development and operation. Examples in Washington state include the Amazon Housing Equity Fund, Evergreen Impact Housing Fund, Tulalip Foundation and the Washington Community Reinvestment Association. Community development financial institutions can also help finance STEP. For example: O Corporation for Supportive Housing offers predevelopment and acquisition financing for permanent supportive housing projects. O Impact Capital offers predevelopment and acquisition financing for any community facility (including emergency shelters) and any affordable housing (including transitional, emergency and permanent supportive housing). O Washington Community Reinvestment Association offers multifamily permanent loans for affordable housing projects and economic development loans for any community facility; this is not specifically for STEP, but if a permanent loan is required, WCRA could be an option. 21 Seattle Office of Housing. Mayor Bruce Harrell celebrates voters' historic passage of $970 million housing levy. The City of Seattle. 2023. https://housing.seattle.gov/mayor-bruce-harrell-celebrates-voters-historic-passage-of-970-million-housing4 vyL 26 Seattle Office of Housing. City of Seattle celebrates affordable housing investments and anti -displacement achievements. The City of Seattle. 2024. https://housina.seattle.gov/2023-housing-investments/ 27 Some tools may be unavailable for certain jurisdictions. For example, only GMA jurisdictions can use REET 2, or the surrounding county may have already implemented the housing and related services sales tax. See MRSC's summary of Affordable Housina Funding Sources for more details and the Association of Washington Cities (AWC)/MRSC booklet on Homelessness & housing toolkit for cities (2022). STEP STATE OF THE PRACTICE - JULY 2024 24 Packet Pg. 54 9.1.b Chapter 4: Municipal Planning and Implementation This chapter provides an overview of the current situation in Washington state regarding regional and local planning for STEP. It covers how counties coordinate the allocation of housing needs to local jurisdictions and discusses how local governments are addressing the siting and permitting of STEP to help meet those housing needs. Planning Regionally for STEP Revisions to RCW 36.70A.070(2) in 2021 updated requirements for how fully planning jurisdictions must plan for housing in their comprehensive plans. To support local planning, the Department of Commerce provides projections of individual counties' housing needs by income level, including emergency housing and permanent supportive housing. Each county must decide collectively with its cities and towns how to allocate these projections among its local jurisdictions. Each jurisdiction must then document its share of countywide housing needs by income level and their plan to accommodate that share of housing needs in its comprehensive plan.28 The Department of Commerce's Housing for All Planning Tool provides countywide projected housing needs for all income levels. The income levels are 0-30% of area median income (AMI) non -permanent supportive housing, 0-30% AMI permanent supportive housing, 30-50% AMI, 50-80% AMI, 80-100% AMI, 100-120% AMI, and 120% AMI and above, as well as emergency housing needs. Commerce collaborated with stakeholders to develop the projection methodology.29 Each county that is fully planning under the Growth Management Act may have countywide planning policies and processes for allocating these needs to local jurisdictions. Many communities are still in the process of receiving their allocations, as the requirement deadlines to update comprehensive plans varies based on the individual county.31 Homelessness and housing affordability is a challenge that affects entire counties and requires solutions that often go beyond the resources of one city or town government. Therefore, many planning and implementation efforts take place at the county level in Washington. Typically, city and county governments collaborate with nonprofits and housing authorities to build and operate facilities and administer programs for people experiencing homelessness. Building a regional network of partners and stakeholders can be important for a successful plan to address homelessness. Tedd Kelleher, Housing Policy Director for the Washington State Department of Commerce, stresses the importance of using available data sources to understand existing housing conditions, including existing housing stock, household incomes, homeless populations and housing risk factors.31 28 Resources for projected housing needs are in Book 1 of Commerce's Housing Element Guidance. Projecting housing needs by income level begins on page 34. Information on how to allocate the countywide housing needs from the countywide projections to individual jurisdictions begins on page 60. 29 To view the Department of Commerce's methodology for projecting housing needs, see Book 1 of Commerce's Housing Element Guidance, starting on page 28. 30 The deadline for completing each jurisdiction's comprehensive plan is available on Commerce's Periodic Update webpage. 31 Counties should examine local data to understand their community demographics and the disparities in their homeless and unstably housed populations. See the Department of Commerce's Snapshot of Homelessness in Washington State for January 2021 for information about each county's homeless and unstably housed population. STEP STATE OF THE PRACTICE - JULY 2024 25 Packet Pg. 55 9.1.b Furthermore, RCW 36.70A.070(2) mandates that jurisdictions address several topics as they update the housing elements of their comprehensive plans. The plans must: • Identify existing and future housing needs, including their portion of projected countywide housing needs provided by Commerce. • Set goals and policies for moderate -density housing within urban growth areas. • Identify sufficient land available to meet housing needs across all income levels, including emergency housing and permanent supportive housing. • Document barriers to housing availability and actions to remove these barriers. • Identify racially disparate impacts and risks of displacement from housing policies. • Establish anti -displacement measures and policies to begin to undo racially disparate impacts.32 Dave Andersen, the Managing Director of the Growth Management Services unit, says successful communities revise their housing planning strategies to focus on inclusivity and equity to accommodate residents across all income levels. This work entails a shift towards planning for diverse housing options such as apartments, condominiums, missing middle housing and accessory dwelling units, as well as deeply affordable housing types such as permanent supportive housing and emergency housing. Counties' Policies and Approaches for Allocating Housing Needs Counties have employed various approaches to allocating housing needs among local jurisdictions. Allocating housing needs by income level to jurisdictions within the county involves several steps, most notably determining the amount of overall population and housing that goes to each jurisdiction and then the allocation of housing needs by income level. As counties decide where overall population and housing should be directed, most communities use data on employment locations, transportation accessibility, service availability, infrastructure and land capacity to determine the appropriate percentage of housing growth to plan for in each area. These percentages are then integrated into the Department of Commerce's Housing for All Planning Tool to determine an allocation of housing needs by income level to each jurisdiction or to inform a local -designed method of allocating housing needs. Many counties have policies about where overall growth should be directed within the county that can assist with this work. Commerce also recommends that counties develop countywide policies about where more affordable housing should be planned for to support the allocation of housing needs. In King County, the county developed countywide planning policies to guide where growth would be directed within the county and principles to determine the allocation of housing needs by income level to jurisdictions. These principles included increasing housing choices for low- and moderate -income households in areas with fewer affordable housing options currently and promoting a more equitable allocation of housing choices across all jurisdictions. After significant stakeholder coordination, they decided on a framework where more affordable housing would be directed to places with fewer affordable housing options, fewer income -restricted housing options, and a greater imbalance of low -wage workers to low -wage jobs. Some counties have special circumstances to consider for allocating their housing needs. For example, local tourism plays a vital role in driving the economy of Port Townsend and Jefferson County, and the area needs affordable housing for tourism workers to live in throughout the year. The region witnesses an increase in the number of visitors during the summer, and there is also a growing trend of vacation homes that remain vacant sz Washington State Department of Commerce. Guidance and Data for Updating Housing Elements. Webinar. May 2023. https://deptofcommerce.app.box.com/s/j3fq kx8x7brlstds3yv4gh7p9zwpure6 STEP STATE OF THE PRACTICE - JULY 2024 26 Packet Pg. 56 9.1.b for a significant part of the year. Furthermore, short-term vacation rentals such as Air BnBs are becoming a dominant segment of the housing supply, which limits housing availability for other residents. This situation is particularly severe for lower -income residents. As they move away, the county loses its working-class population, which can have severe consequences for the local economy. Jefferson County will be considering this local trend as they complete their housing need allocations in 2024. Accommodating and Regulating STEP Locally Based on a review of recently implemented local STEP regulations and state of the practice interviews, some 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 0 In some cases, local ordinances permit the construction of STEP in mixed -use and commercial areas, which is consistent with state law. Some jurisdictions have multifamily zoning overlays that allow for permanent supportive housing in single-family residential zones, which is also consistent. However, some 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. 0 In certain communities, permanent supportive housing and transitional housing are permitted in residential areas based on special criteria (e.g., limits on total units or total residents, distance from other STEP types and transit and total staff on -site). These regulations may be inconsistent with RCW 36.130.020 when 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. 0 Generally, local regulations encourage STEP development in areas that already have access to services, such as transit, which is a best practice. However, some communities require such projects to be within a certain distance of transit facilities, which can create a barrier for STEP development and may be 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. STEP STATE OF THE PRACTICE - JULY 2024 27 Packet Pg. 57 9.1.b Most jurisdictions also do not have special provisions regarding density bonuses for STEP sponsored by religious organizations, which prevents them from allowing increased densities consistent with RCW 36.70A.5451 and is therefore inconsistent with state law. Development and Operational Requirements Other development regulations and operating requirements have been incorporated in recent local ordinances regarding STEP that differ from requirements for other residential dwelling types, and therefore are likely inconsistent with state law for permanent supportive housing and transitional housing (RCW 36.120.020) and may create barriers for all STEP, including: O Specific parking, setback and lot requirements O Required operations plans O Required coordination with local police and fire departments (e.g., developing safety plans) O Public noticing requirements O Required approaches for mitigating potential impacts on the project's surrounding neighborhood O Requirements for what services and amenities must be available on -site O Minimum stay and eligibility criteria for tenants O Regular performance reporting requirements O Subjecting projects to special inspections (e.g., mandatory annual inspections) Some local developers recommend that jurisdictions become more flexible regarding their requirements, especially parking minimums, when projects anticipate a high ratio of tenants who use public transportation or have alternate modes of transportation and do not need onsite parking. Operations Plans Many communities require STEP or certain STEP types, such as emergency shelters or emergency housing, to submit operations plans before they can be permitted. The required information varies by jurisdiction. However, common documentation requirements include: O Contact information for staff key and their roles and responsibilities O A facility management plan, including security policies and an emergency management plan O Site and facility maintenance policies O Occupancy policies O Staffing plans and outcome measures for human and social services plan and outcome measures O A community engagement plan O Documentation of record -keeping processes O A description of transportation either provided or accessible to residents While not common in Washington, some jurisdictions have additional requirements, like staff background checks, minimum codes of conduct for STEP tenants, good neighbor agreements and business licenses. In many cases in the state of the practice review, besides which zones they are permitted in, all STEP types must meet the same local development and operational requirements. However, in some communities, emergency shelters and emergency housing have additional requirements that permanent supportive housing and transitional housing do not (e.g., required operations plans, distance from schools, floor area ratios, occupancy standards and good neighbor agreements). To support specific types of STEP projects that support vulnerable populations, some communities offer exemptions to regulations, such as public notice requirements, for projects designed to be confidential locations —for example, shelters and housing for survivors of domestic violence. STEP STATE OF THE PRACTICE - JULY 2024 28 Packet Pg. 58 9.1.b Permitting STEP The local permitting process for STEP can vary depending on the jurisdiction and their permitting procedures. The approval process for a land use permit depends on whether the permit is classified as Type I, 11, III, or other permit. While the number of permit types and their terminology may vary by jurisdiction,33 in general, the more complex the project, the greater level of public notice and review is needed.sa, ss For example, simple building permits are administratively approved under a Type I permit, while permitting for projects requiring a higher 6 level of review such as conditional use permits commonly fall under Type III and higher. S Project permit decisions can involve different decision makers and different levels of public input. Project permits approved by local planning staff without public hearings are considered administratively approved. More complex projects may involve review by a hearings examiner, public hearings and may include discretion in permitting decisions. These permit types are called quasi-judicial because additional procedures are factored into the permitting decision. Generally speaking, quasi-judicial permitting proceedings provide for public notice, public testimony and decisions based on adopted criteria. Conditional use permits and variances heard and decided by a hearings examiner are common examples of quasi-judicial permits. Table 3 provides examples of processes for STEP based on the state of the practice review. Table 3 - Examples of Local Permit Processes Approval Process Administrative Type I projects commonly only require administrative approval without public notice. Some jurisdictions require only administrative approval for Description STEP in certain areas (i.e., they do not require approval at the level of hearing examiner or planning commission), which removes barriers to STEP production. Public Hearing No Administrative Discretionary In some jurisdictions, Type II projects can be approved administratively with public notice and extra land use regulations, while in others, they may require approval by a hearing examiner. Hearing examiners often approve conditional use permits, which require a higher level of approval than administrative. Some jurisdictions require a pre - application review and meeting for Type II projects and higher to help expedite the permitting process. No, unless on appeal Quasi -Judicial Type III projects often require public notice and a public hearing before a hearing examiner, or in rare cases the planning commission or city council, who makes the final decision. For example, in mixed -use and commercial districts, some jurisdictions require a public comment period and final approval from a hearing examiner for STEP projects, which can create barriers to increasing STEP. Yes 33 For more examples of local permit procedures, read MRSC's Streamlining Local Permit Review Procedures (2024). 34 For resources on local planning, project review, and permitting, read the relevant sections of the Department of Commerce's A Short Course On Local Planning Resource Guide Version 5.3 (2017). 31 The Local Project Review Act (RCW 36.70B) codified into state law a series of best practices for the local land use permit process to better enable citizens and developers to know what to expect and to provide for more timely and efficient permit issuance. STEP STATE OF THE PRACTICE - JULY 2024 29 Packet Pg. 59 9.1.b Type I decisions may be Type II decisions are generally Type III decisions are generally Appeal appealable depending on local appealed to court under the Land project processes. appealable to a hearings examiner. Use Petition Act (LUPA). Some jurisdictions in Washington state still require a conditional -use permit for all STEP regardless of their 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 STEP STATE OF THE PRACTICE - JULY 2024 30 Packet Pg. 60 funding sources made The HUB possible, including the Washington State Housing Trust Fund, State Building Communities Fund and the City of Walla Walla's Community Development Block Grant funds." • An example of transitional housing in Washington is Tulalip Village of Hope (opened in 2022) on the Tulalip Reservation.37 This community has 17 tiny homes for Tulalip individuals and families, each with one to two bedrooms and full kitchens and bathrooms. A common building onsite has a shared computer lab, conference room, therapeutic room and community space. Residents have access to counseling and social work support, case management and programming focusing on topics such as personal finance and self- improvement.38 The site was formerly the Tulalip Homeless Shelter, but it was expanded to provide transitional housing when it became apparent that no affordable housing was available for people to move into. • An example of permanent supportive housing is Plymouth on First Hill (opened in 2017), a multi -story apartment building in Seattle with 80 furnished studio apartments.39 This building is strategically located near medical institutions and The HUB on Third in Walla Walla (co -located emergency shelter, health 2 care and childcare services). Source: Blue Mountain Action Council a Plymouth on First Hill in Seattle (permanent supportive housing), Source: Plymouth Housing provides medical and behavioral health care to residents on site. Residents also have access to community rooms and a computer lab, which is available for job searching. Another shelter example includes The Catalyst in Spokane (formerly a Quality Inn), which is operated by Catholic Charities of Eastern Washington and partially funded by the Washington State Department of Commerce Rights of Way Initiative / Encampment Resolution Program. The Catalyst (opened in 2022) provides 87 rooms and various services for people experiencing homelessness, such as meals, laundry, transportation, substance misuse programs, healthcare access and local benefit connections.40 36 GS Consulting. The HUB on Third, Walla Walla (Sept. 2017). https://gsaffordablehousing.com/past-projects/f/the-hub-on-third-walla- walla 37 Washington State Department of Commerce. The Tulalip Tribe Village of Hope: 17 tiny homes become permanent supportive housing. 2023. https://wastatecommerce.medium.com/the-tulalip-tribe-village-of-hope-17-tiny-homes-become-permanent-supportive- hous i ng-e4dcc62072d7 38 Tulalip Tribes. Village of Hope — Transitional Housing and Permanent Supportive Housing. www.tulaliptribes- nsn.gov/Dept/VillageOfHopee 39 Plymouth Housing. What's it like inside a Plymouth building?. https://pllymouthhousing.org/our-housing/tour-a-Plymouth-building/ 40 Catholic Charities Eastern Washington. www.cceasternwa.org/catalyst STEP STATE OF THE PRACTICE - JULY 2024 Packet Pg. 61 9.1.b An example of permitted emergency housing is the SafePlace shelter in Olympia. This shelter allows adults and children fleeing from domestic violence to stay temporarily and receive social services. It has 10 bedrooms with 28 beds. People staying there have access to food and a kitchen, a telephone, computers and laundry. They also receive advocacy and crisis intervention services, support group meetings, child advocacy and safety planning support. Staff are always onsite.41 Barriers to STEP Development Local regulations and processes can have a significant impact on STEP production. These policies can either reduce red tape and bureaucracy or create obstacles for development, so it can be helpful for local governments to understand potential challenges to help address them effectively. A number of barriers exist for developing STEP and affordable housing in general, including but not limited to O Rising costs of land, labor, materials and insurance O High permit fees, impact fees and utility connection fees O Slow or limited capacity at local jurisdictions to process, permit and approve a proposed development O Lack of clear and accessible information on the permitting process O Limited developer and workforce capacity O NIMBY (Not -In -My -Backyard) attitudes O Neighborhood covenants and restrictions O Limited subsidized funding sources O Requirements to fund new infrastructure Some local regulations and requirements may also create barriers for STEP development, including, but not limited to: O Unclear development regulations and regulations inconsistent with state and federal laws (e.g., Fair Housing Laws) O Requirements for STEP that are different from those for general housing development O Conditional use permits, design review requirements and discretionary review processes O Spacing requirements (e.g., minimum distances from parks, schools or other facilities) O Limiting maximum densities or floor area ratios O Excessive off-street parking requirements, building height limits and ground -floor retail requirements O Facility, operating and reporting requirements O Requirements for coordination with local police and fire departments O Arbitrary limits on occupants or operation times O Restrictions on support spaces, such as office space, within a permanent supportive housing building in a residential zone O Requiring many additional plans, agreements or conditions (e.g., good neighbor agreements, background checks, or sobriety) Jurisdictions that want to implement regulations in line with state and federal laws and encourage STEP production can avoid adding unnecessary regulations and requirements. Instead, they can adopt the best 41 SafePlace. Residential Services SafePlace Shelter. https://www.safeplaceolympia.orci/a-safe-place-to-stay.html STEP STATE OF THE PRACTICE - JULY 2024 Packet Pg. 62 9.1.b practices emerging from other Washington jurisdictions and communities across the country when developing their local ordinances. Promising Practices Communities in Washington state and across the country have implemented measures to remove barriers to STEP and encourage STEP production. The following are promising practices from some of those jurisdictions including allowing STEP outright as a permitted use in certain areas, reducing regulations and requirements for STEP, expediting permitting processes for STEP, incentivizing STEP and encouraging STEP near existing infrastructure and services. O Allow STEP developments outright as a permitted use in designated zones to streamline permitting. In some areas of Washington state, STEP is still listed as a conditional use, so projects have additional regulations that typically involve a local government review process, and may also include a public input process that may delay permitting projects. The purpose of this process is to more carefully assess the development's potential impacts on traffic, noise, safety and community character before granting approval. To increase STEP production, communities can allow these projects in certain zones without this additional process. For instance, in California, the County of Los Angeles Homelessness Initiative encourages local jurisdictions to designate at least one area where emergency shelters are allowed as a permitted use outright, also referred to as allowed by-right.42 O Reduce and clarify requirements to streamline permitting and decrease barriers for STEP development. Many initial STEP local ordinances and regulations are not consistent with state law by including occupancy, spacing and intensity of use requirements for STEP that are not explicitly linked to public health and safety in their ordinance. Additionally, many communities impose potentially burdensome development, operating, facility, reporting, service and other requirements for STEP that differ from those for other similar residential dwelling types. When developing local ordinances and regulations, jurisdictions can limit additional requirements for STEP to speed up permitting, limit discretionary approval processes, reduce work for local government staff, support developers and help increase affordable housing and STEP production. O Expedite permitting processes for STEP projects, thereby providing quicker, more predictable timelines that help prevent cost increases caused by project delays. For example, Seattle has implemented an expedited permitting process to encourage STEP production. Permanent supportive housing projects are now exempt from design reviews, which can help speed up their construction timelines and address issues of homelessness and housing insecurity more quickly. Another example includes the City of Port Townsend and Jefferson County, which worked closely together to expedite the permitting for a specific project that incorporates safe parking, a tiny house village and permanent supportive housing on the same piece of county -owned property. Expedited permitting processes require sufficient staff, so jurisdictions interested in this strategy can start by assessing whether they need to hire additional employees to expedite reviews more efficiently. O Provide land use and financial incentives to encourage more STEP production. Affordable housing and STEP developments face numerous challenges before they can reach the construction phase, and a lack of project financing is often one of the most significant barriers. To help STEP projects overcome this challenge, jurisdictions can play an important role by providing support through grants or loans, density bonuses, reduced or waived fees, regulatory exemptions, free or discounted land, and more. A few cities with incentives for affordable housing and STEP include Anacortes, Bellevue, Bothell, Burien, Marysville, 42 The Los Angeles County Homeless Initiative. Do's and Don'ts for Emergency Shelter Zoning. https://homeless.lacounty_gov/w - content/uploads/2017/1 1/SB-2-Dos-and-Donts.pdf STEP STATE OF THE PRACTICE - JULY 2024 33 Packet Pg. 63 9.1.b Redmond, Sammamish and Seattle. King County established the Health Through Housing Initiative, w 1c uses its affordable housing sales tax funds to collaborate with local cities to build up to 1,600 emergency housing and permanent supportive housing units for people experiencing or at risk of chronic homelessness.as,aa O Encourage STEP development in locations close to healthcare services, transportation, job and other amenities to promote economic mobility and access to services. To meet the growing demand for housing and other community needs, local affordable housing and STEP providers and developers agree that jurisdictions can support the development of successful STEP by being intentional about the location of STEP. Many communities throughout Washington state and the country encourage affordable housing and STEP development in areas where existing infrastructure and services exist to promote sustainability; inclusivity; accessible services, transportation and employment opportunities; and the overall wellbeing of residents. Therefore, STEP housing is best suited for urban growth areas and cities, but may be appropriate in select Limited Areas of More Intense Rural Development (LAMIRDs) if enough support services, transportation and infrastructure services are available. O Partner with local service providers to create STEP regulations that are responsive to their needs. Affordable housing developers and service providers understand what is involved with developing STEP and how STEP operates. These stakeholders can help a local jurisdiction identify places in code where the regulations may cause barriers to STEP development and identify ways to reduce or remove those barriers. Communities can use these emerging best practices to encourage affordable housing production, meet local housing needs and support STEP developers, clients and staff. Implementing these practices can benefit some of Washington's most vulnerable populations, increase housing stability, promote community integration and contribute to larger initiatives to tackle homelessness and housing insecurity in the state. The Department of Commerce also highly encourages communities to adopt the state's model ordinance and other recommendations in the STEP Model Ordinance, Users Guide and Best Practices Report to increase STEP development in the state of Washington. To further support jurisdictions in the adoption and implementation of their ordinances related to STEP, Commerce is developing the STEP Communications Toolkit, including a sample staff report and other materials to help local planning staff, appointed and elected officials and others communicate the benefits, challenges and best practices associated with planning for STEP. These tools will be coordinated and consistent with the Department of Commerce Housing Division's Apple Health and Homes Permanent Supportive Housing Communications Toolkit. 43 King County. Health through Housing A Regional Approach to Address Chronic Homelessness. https://kinacounty_aov/en/legacy/depts/community-human-services/initiatives/health-through- housing#:-:text=The%20Health%2OThrouah%2OHousinci%20%28HTH%29%201nitiative%20is%20an.people%20experiencinci%20or%20a t%20risk%20of%20chronic%20 homelessness. 44 HB 1590, laws of 2019, authorizes county or city legislative authorities to impose a local sales and use tax for housing and related services and eliminates the requirement that the tax be subject to the approval of a majority of county or city voters. For other local funding affordable housing funding tools, see Appendix B, Exhibit B5 (pages 120-121) of Guidance for Updating Your Housing Element. STEP STATE OF THE PRACTICE - JULY 2024 34 Packet Pg. 64 9.1.b Appendices Other Potentially Relevant Laws and Definitions It is important to note that not all definitions in this section are in the Growth Management Act (GMA), so they are not necessarily applicable or binding for the purposes of GMA planning, but are included because they provide some additional context on the terms when they are not defined in the GMA. For example, the definition of homelessness or homeless comes from the Criminal Sentencing Reform Act of 1981. Adult family home is a dwelling, licensed by the State of Washington Department of Social and Health Services, in which a person or persons provide personal care, special care, room and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services. An existing adult family home may provide services to up to eight adults upon approval from the Department of Social and Health Services. Licensure requirements are covered under RCW 70.128.066 and in accordance with Section 903 of the Washington State Fire Code, which states that an adult family home with a capacity of seven or eight that serves residents who require assistance during an evacuation must install an automatic sprinkler system. Assisted living facility means any home or other institution, however named, which is advertised, announced or maintained for the express or implied purpose of providing housing, basic services, and assuming general responsibility for the safety and well-being of the residents, and may also provide domiciliary care, to seven or more residents after July 1, 2000. However, an assisted living facility that is licensed for three to six residents prior to or on July 1, 2000, may maintain its assisted living facility license as long as it is continually licensed as an assisted living facility. "Assisted living facility" shall not include any independent senior housing, independent living units in continuing care retirement communities, or other similar living situations including those subsidized by the department of housing and urban development. RCW 18.20.020 Crisis residential center is defined as an agency which is a temporary protective residential facility operated to perform the duties specified in chapter 13.32A RCW, in the manner provided in RCW 43.185C.295 through 43.185C.310. Experiencing homelessness is defined as lacking a fixed, regular and adequate nighttime residence, including circumstances such as sharing the housing of other persons due to loss of housing, economic hardship, fleeing domestic violence, or a similar reason as described in the federal McKinney-Vento homeless assistance act (Title 42 U.S.C., chapter 119, subchapter 1) as it existed on January 1, 2021. RCW 13.34.030(9) Group home means a residence that is licensed as either an assisted living facility or an adult family home by the Department of Social and Health Services under chapter 388-78A or 388-76 WAC. Group homes provide community residential instruction, supports and services to two or more clients who are unrelated to the provider. Group training home means a certified nonprofit residential facility that provides full-time care, treatment, training and maintenance for clients, as defined under RCW 71 A.22.020(2). Homelessness or Homeless is defined as a condition where an individual lacks a fixed, regular and adequate nighttime residence and who has a primary nighttime residence that is: A supervised, publicly or privately operated shelter designed to provide temporary living accommodations; a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings; or a private residence where STEP STATE OF THE PRACTICE - JULY 2024 35 Packet Pg. 65 9.1.b the individual stays as a transient invite (RCW 9.94A.030(30)). This definition is not from the Growth Management Act but comes from the Sentencing Reform Act of 1981. Homeless person is defined as an individual living outside or in a building not meant for human habitation or in which they have no legal right to occupy, in an emergency shelter or in a temporary housing program that may include a transitional and supportive housing program if habitation time limits exist. This definition includes substance abusers, people with mental illness and sex offenders who are homeless (RCW 43.185C.010(12)). This definition is not from the Growth Management Act but is found in the homeless housing and assistance statutes. Residential treatment facility means an establishment in which twenty-four hour on -site care is provided for the evaluation, stabilization or treatment of residents for substance use, mental health, co-occurring disorders or for drug exposed infants. RCW 71.12.455(7) Supported living means instruction, supports and services provided by service providers to clients living in homes that are owned, rented or leased by the client or their legal representative. WAC 388-101-3000(49) RCW 9A.44.190 and RCW 9A.44.193 (re: sex offenders near children) state an owner, manager or operator may order a covered offender from the legal premises of a covered entity, defined as a public or private facility whose primary purpose is to provide for the education, care or recreation of a child or children, including but not limited to community and recreational centers, playgrounds, schools, swimming pools and state or municipal parks. To do this, the owner, manager or operator must provide the offender a written notice that informs them to leave the legal premises and not return without the written permission of the covered entity. Licensing Requirements for Transient Accommodations and Crisis Shelters Chapter 246-360 WAC outlines health and safety standards for transient accommodations in Washington state, covering establishments providing three or more lodging units for stays shorter than thirty days. This includes crisis shelters, though not all emergency shelters may fit the specific crisis shelter definition. Crisis shelters are required to obtain a valid license from the DOH, with renewal required annually. Licensing processes involve submitting applications, self -inspection reports and passing an on -site survey. Licensees must adhere to regulations outlined in Chapter 70.62 RCW and other relevant state and local laws, displaying their license prominently. Responsibilities include conducting self -inspections, responding to deficiencies issued by the DOH and ensuring premises maintenance. DOH regulates facility functions in transient accommodations to meet basic health and safety standards and enforces compliance when needed. Specific standards are outlined for amenities such as water supply, sewage disposal construction, heating and bedding. Compliance ensures adequate services for residents. RCW 43.185C.295 also outlines specific licensing and operating requirements for residential crisis shelters that specifically serve juveniles and youth facing homelessness or family instability. Related Case Law A number of related cases exist regarding the siting, development and operation of STEP. The following is a living list of cases that will be updated over time. STEP STATE OF THE PRACTICE - JULY 2024 36 Packet Pg. 66 9.1.b Olmstead v. L.C. In 1999, the U.S. Supreme Court made a decision in the Olmstead v. L.C. case, which requires states to offer community services to individuals with mental disabilities so that they can live in community settings rather than in institutions. This decision creates greater opportunities for people with disabilities to choose where they want to live and helps address racial equity, as Black, Indigenous and People of Color (BIPOC) are disproportionately represented in institutional care. STEP is one way to support people with disabilities in living and becoming integrated into the community.45 Homeward Bound in Puyallup v. City of Puyallup In 2018, the City of Puyallup adopted an ordinance related to the siting of day use centers and overnight shelters serving people experiencing homelessness. The ordinance only permitted these uses in the city's limited manufacturing district, subject to certain restrictions such as obtaining a conditional use permit. However, in 2019, the Growth Management Hearings Board found this law to be incompatible with the city's comprehensive plan policies. Consequently, Puyallup revised its ordinance, allowing these facilities to be established in commercial areas as well as limited manufacturing zones, which the Hearing Board found to be in compliance. Despite these changes, the city's amendments have continued to be challenged, with some claiming that Puyallup is violating the Growth Management Act and not doing enough to plan for and accommodate STEP, like in Homeward Bound in Puyallup v. Central Puget Sound Growth Management Hearings Board and the City of Puyallup. Martin v. City of Boise In 2019, the U.S. Supreme Court denied the City of Boise's petition regarding its Camping and Disorderly Conduct Ordinances, which upheld the law that people experiencing homelessness in the 9th Circuit (covering nine states) cannot be punished for sleeping outside on public property if adequate alternatives are not provided. The ruling in Martin v. Boise encouraged local governments to plan for alternatives to homelessness. However, on June 28, 2024, in the case of Grant Pass v. Johnson, the U.S. Supreme Court overturned the Martin v. Boise ruling. Johnson v. City of Grants Pass In 2022, the U.S. Court of Appeals for the 9th Circuit, in the Johnson v. City of Grants Pass case, upheld a ban on criminalizing people sleeping outside on public property. As in Martin v. Boise, the court determined that without adequate alternatives, people experiencing homelessness can sleep in tents, vehicles or use other forms of shelter without being subjected to civil or criminal prosecution or fines.46 However, on June 28, 2024, in the case of Grant Pass v. Johnson, the U.S. Supreme Court decided that jurisdictions could criminalize camping and sleeping in public, overturning the Grant Pass case's previous decision.47 Catholic Community Services of Western Washington vs. City of Federal Way Community Development Department 41 Corporation Supportive Housing. Supportive Housing and Olmstead: State of the Conversation. February 2024. www.csh.org/w- content/uploads/2024/03/CSH-Supportive-Housing-and-Olmstead-2024.pdf 46 National Low Income Housing Coalition. Court Declares Civil and Criminal Punishments for Homelessness Are Cruel and Unusual 2022. https://nlihc.org/resource/court-declares-civil-and-criminal-punishments-homelessness-are-cruel-and-unusual 47 For information on combating the criminalization of homelessness, see the Washington Low Income Housing Alliance's toolkit. STEP STATE OF THE PRACTICE - JULY 2024 37 Packet Pg. 67 9.1.b In 2023, the City of Federal Way denied an application from Catholic Community Services for the change OT use of a motel to an emergency shelter. The city denied the application because it violated FWRC 19.220.105, which includes spacing requirements for emergency housing and shelters.48 Catholic Community Services filed an appeal challenging the city's method of measuring the distance between the shelters, as well as the validity of FWRC 19.220.105. The appeal also asserted that FWRC 19.220.105 does not comply with the Growth Management Act (GMA) or the Religious Land Use and Institutionalized Persons Act (RLUIPA). The hearing examiner dismissed the appeal because the examiner had no jurisdiction "to address the validity of City ordinances."49 Additionally, because FWRC 19.220.105 was not appealed to the Growth Management Hearings 3 board within 60 days of publication, the hearing examiner had no jurisdiction to decide on the code's = compliance with the GMA.50 a Catholic Community Services also filed a land use petition in the Superior Court of Washington for King County regarding the city's use of spacing requirements to limit the siting of a sufficient number of emergency shelters and emergency housings' The superior court dismissed the case without trial, affirming the hearing examiner's earlier decision. 48 FWRC 19.220.105. Emergency Housing and Shelter. httos://www.codeDublishina.com/WA/FederalWav/htmI/FederalWavl 9/FederalWav19220.html#19.220.105 49 Administrative Appeal, Permit No. 22-105684-UP. July 31, 2023. HEX 23-004 Summary Judgment Order - Catholic Community Services (Dismissed)pdf (cityoffederalway.com) 50RCW 36.70A.290(21. 51 Case 23-2-15583-1 SEA. Catholic Community Services of Western Washington vs. City of Federal Way Community Development Department. STEP STATE OF THE PRACTICE - JULY 2024 Packet Pg. 68 MODEL ORDINANCE AND COMMUNICATIONS TOOLKIT FOR STEP Q v3.5 Packet Pg. 69 9.1.c Acknowledgments Washington State Department of Commerce Laura Hodgson, Housing Planning and Data Manager, Growth Management Services Unit (GMS), Local Government Division (LGD) Anne Fritzel, AICP, Housing Section Manager, GMS, LGD Kirsten Jewell, Housing Policy Manager, Housing Division (HD) Melodie Pazolt, Managing Director, Apple Health and Homes Permanent Supportive Housing Unit, HD Kathy Kinard, Managing Director, Homelessness Assistance Unit, HD Abt Global Lindsey Elam, AICP, Senior Analyst Jill Khadduri, PhD, Principal Associate Katie Kitchin, Director, State and Local Housing and Asset Building Candace Baker, Associate Nam Ha, Associate Analyst Georgia Rawhouser-Mylet, Associate Analyst Frances Walker, Research Assistant The Corporation for Supportive Housing Theresa Tanoury, MSW, Seattle -based Senior Program Manager Lori Gutierrez, MSW, Senior Program Manager Debbie Thiele, Western Region Managing Director Sharon Rapport, California State Policy Director Angela Brooks, FAICP, Illinois Program Director 1011 Plum St. SE P.O. Box 42525 Olympia, WA 98504-2525 www.commerce.wa.gov For people with disabilities, this report is available on request in other formats. To submit a request, please call 360-725-4000 (TTY 360-586-0772). STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 Advisory Committee: Alliance for Housing Affordability at Housing Authority of Snohomish County Association of Washington Cities (AWC) City of Bellingham City of Port Townsend City of Spokane City of Vancouver City of Wenatchee Dee Caputo, FAICP, Washington State Department of Commerce, Growth Management Services (Retired) Downtown Emergency Services Center (DESC) Futurewise GS Consulting King County, Health through Housing Mercy Housing Northwest Washington State Association of Counties (WSAC) Local jurisdictions and organizations that participated in the interviews that informed this report: City of Federal Way City of Kenmore City of Kent City of Langley City of Olympia City of Spokane City of Vancouver City of Wenatchee GS Consulting King County Lewis County Plymouth Affordable Housing Development Snohomish County Washington State Department of Health E Packet Pg. 70 9.1.c Table of Contents Chapter1: Introduction........................................................................................................................................................................................4 Background............................................................................................................ Emerging Best Practices....................................................................................... 5 6 Chapter2: Background........................................................................................................................................................................................7 2021 Updates to the Growth Management Act......................................................................................................................................................................7 RelevantState and Federal Laws............................................................................................................................................................................................8 State of the Practice in Washi .............................................................................................................10 Chapter3: Planning for STEP 101......................................................................................................................................................................13 STEP Definitions ..................................... STEP Financing and Development Process ................ Supporting STEP Projects and Operations .................. 13 15 17 Chapter4: Comprehensive Planning for STEP....................................................................................................................................................18 Chapter5: Permitting STEP...............................................................................................................................................................................19 Chapter6: Model Ordinance...............................................................................................................................................................................22 Chapter7: Accommodating Enough STEP..........................................................................................................................................................31 Demonstrating Sufficient Land Capacity 31 ReducingDevelopment Barriers............................................................................................................................................................................................32 Addressing Potential Community Concerns........................................................................................................................................................................35 Chapter8: Adoption and Implementation...........................................................................................................................................................39 Appendix...........................................................................................................................................................................................................40 Methodology...........................................................................................................................................................................................................................40 STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 3 Packet Pg. 71 E 9.1.c Chapter 1: Introduction The Washington State Department of Commerce created the STEP User Guide and Best Practices Report to assist planning staff, elected and appointed officials, and other representatives of Washington's jurisdictions as they develop local ordinances and regulations pertaining to the siting and development of Emergency shelter, Transitional housing, Emergency housing and Permanent supportive housing (STEP) Definitions for these types of housing and shelter are in the Growth Management Act and other statutes. Emergency shelter means a facility that provides a temporary' shelter for individuals or families who are currently homeless. Emergency shelter may not require occupants to enter into a lease or an occupancy agreement. Emergency shelter facilities may include day and warming centers that do not provide overnight accommodations. RCW 36.70A.030(15) Transitional housing means a project that provides housing and supportive services to homeless persons or families for up to two years' and that has as its purpose facilitating the movement of homeless persons and families into independent living. RCW 84.36.043(3)(c) Emergency housing is temporary indoor accommodations for individuals or families who are homeless or at imminent risk of becoming homeless and is intended to address basic health, food, clothing, and personal hygiene needs of individuals or families. Emergency housing may or may not require occupants to enter into a lease or an occupancy agreement.3 RCW 36.70A.030(14) • Permanent supportive housing is subsidized, leased housing with no limit on length of stay that prioritizes people who need comprehensive support services to retain tenancy. It utilizes admissions practices designed to use lower barriers to The HUB on Third in Walla Walla (co -located emergency shelter, health care and childcare services), Source: Blue Mountain Action Council (BMAC) The PAD House in Whatcom County (emergency housing), Source: Northwest Youth Services Gonzaga Family Haven in Spokane (permanent supportive housing), Source: Catholic Charities of Eastern Washington 1 For STEP, temporary applies to the person and how long they reside there, not the structure or length of time for the land use. However, when planning for STEP, it is best for communities not to limit lengths of stay because it could be inconsistent with a project's funding requirements. 2 Although transitional housing is designed to move people into permanent housing in less than two years, some transitional housing programs do not limit the stay to two years. 3 Any STEP project that requires a lease or occupancy agreement is subject to all of the rights and responsibilities defined in chapter 59.18 RCW (Landlord Tenant Law). STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 4 Packet Pg. 72 E 9.1.c entry than typical for other subsidized or unsubsldlzed 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 a 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/?eventlD=2024031242 6 Washington State Department of Commerce. Homelessness in Washington. March 2024. https://app.leg.wa.gov/ReportsToTheLegislature/Home/GetPDF?fileName=CommerceReports2023_H D_Homelessness_in_Washington_24def55e-7087-43fc-adOc- 7894a56106ab.pdf STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 5 Packet Pg. 73 E 9.1.c Emerging Best Practices Communities can use the following strategies to accommodate local housing needs, prevent perpetuating discriminatory practices that make it difficult to site and develop STEP, encourage affordable housing production, and support STEP developers, residents and staff. Additionally, these E strategies can benefit some of Washington's most vulnerable populations, increase housing stability, promote community integration and c contribute to larger initiatives to tackle homelessness and housing insecurity in the state. _ 0 0) • Allow STEP developments outright as a permitted use in designated zones S a� x • Encourage STEP development in locations close to healthcare services, transportation, jobs and other amenities to promote economic mobility 2 and access to services a • Reduce and clarify requirements to streamline permitting steps and reduce barriers for STEP development • Provide land use and financial incentives to encourage more STEP production • Expedite permitting processes for STEP projects, thereby providing quicker, more predictable timelines that help prevent cost increases caused by project delays • Encourage developers to have pre -development application meetings with local planning staff to ensure they are aware of all the local regulations and processes that apply to a project • Understand the development process and funding requirements for STEP • Partner with local service providers to create STEP regulations that are responsive to their needs and remove barriers to STEP development • Facilitate communication between developers, providers and community members • Use consistent definitions for STEP • Partner with neighboring jurisdictions to create consistent regulations for STEP STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 6 Packet Pg. 74 9.1.c Chapter 2: Background The Growth Management Act (GMA) requires cities and counties to develop comprehensive plans and development regulations for their communities. This chapter provides an overview of recent changes to the GMA for STEP, relevant state and federal laws for STEP, and the state of the practice for regulating STEP in Washington as of 2024. 2021 Updates to the Growth Management Act In 2021, Washington state passed House Bill 1220 (HB 1220), which amended the Growth Management Act (GMA) and municipal code requirements (RCW 36.70A.070(2). and RCW 35A.21.430 and RCW 35.21.683, respectively).' The law requires fully planning local governments$ to plan for and accommodate housing affordable to all income levels, which includes demonstrating sufficient land capacity for housing at all income levels to meet A.0m 0 2024 DW Dec«nber 31- M 2025 Due December 31» 2026 Due Juno all" M 2027 Dua June 30 * Started counties ate perbnity planning ur4w the Growth Manapen»nt Act future housing needs, including permanent supportive housing and emergency housing.' Local governments must also identify local barriers to production of affordable housing and take actions to remove those barriers. They must complete these plans and associated updates to zoning and development regulations based on the periodic update schedule identified by the state legislature (see above right). In addition, municipal code changes in 2021 required changes to specific zoning and development regulations in cities for four different housing types: emergency shelter, transitional housing, emergency housing and permanent supportive housing (STEP). These updates were required by September 2021.10 However, some cities were unable to address the requirement to permit STEP by the required deadline and others were waiting for their comprehensive plan periodic update to complete the work. Some lacked the necessary resources to implement the state laws, some were ' For more information on the Growth Management Act and other relevant state and federal laws pertaining to STEP, see the STEP State of the Practice Report. 8 Fully planning communities are all those jurisdictions in dark blue, light blue and green on the GMS Regional Variations map. 9 Emergency shelters are grouped with emergency housing needs in Commerce's projected housing needs and land capacity guidance. 10 Defer to local jurisdictions' ordinances to determine if your community has updated its regulations for STEP. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 Packet Pg. 75 E 9.1.c waiting for Commerce to project housing needs for each county, and some implemented policies that created additional barriers to increasing in Washington. In addition to the requirements about where STEP must be allowed in cities, state law was updated to state that any local restrictions on spacing, occupancy and intensity of use for these developments must be linked specifically to public health and safety reasons (e.g., reference emergency response times, building code, etc.) in their ordinance's findings section. Any such requirements on occupancy, spacing and intensity of use may not prevent the siting of a sufficient number of permanent supportive housing, transitional housing, indoor emergency housing, or indoor emergency shelters necessary to accommodate each city's projected need for such housing and shelter under RCW 36.70A.070(2)(a)(ii). Additional state laws and guidance for occupancy, spacing and intensity are as follows. Occupancy: Cities and counties may not regulate or limit the number of unrelated persons who may occupy a dwelling unit except as provided for in state law for short-term rentals or by occupant load per square foot, RCW 35.21.682, RCW 35A.21.314 and RCW 36.01.227. Spacing: Spacing can refer to the distance between similar uses or the proximity to services (e.g., transportation). Any spacing requirements should not exceed the spacing required by RCWs 9.94A.030, 9.94A.703 and 9.94A.8445, which create community protection zones of 880 feet to prevent sex offenders from living near schools. Intensity: With respect to STEP, intensity can refer to the density of people, transportation, and/or services needed by the participants who live in a single location or facility. Relevant State and Federal Laws In addition to the Growth Management Act, other state and federal laws apply to STEP; Table 1 provides law summaries and links. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 E L S C O C L CU a� x 2 a Packet Pg. 76 9.1.c Table 1 - STEP Types and Applicable Laws Emergency Transitional Emergency Permanent Shelters Housing Housing Supportive Housing The Growth Management Act and RCWs 35A.21 and 35.21 require fully planning local governments to plan for and accommodate I Y I Y I Y I Y = housing affordable to all income levels. I I I 1 O RCW 35.21.683 and RCW 35A.21.430 requires cities to not prohibit indoor emergency shelters and indoor emergency housing in Y Y Y 0) Y = zones where hotels are allowed. Cities must allow permanent supportive and transitional housing in zones where residential CU 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 a RCW 35.21.689 and RCW 35A.21.305 require cities to allow permanent supportive housing in areas where multifamily housing is permitted. Y* Y* d Y 5 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 (7 � L Y N RCW 35.21.682. RCW 35A.21.314 and RCW 36.01.227 prohibit any local government from having requirements related to unrelated Y persons that may occupy a unit. Y ca RCW 36.70A.545 requires fully planning cities and counties to allow increased density bonuses for any affordable housing on real Y* Y* property owned or controlled by a religious organization. m c� RCW 35.21.915, RCW 35A.21.360. and RCW 36.01.290 prohibit any local government from regulatory limits on encampments, safe Y Y M parking, overnight shelters, and temporary small houses on property owned or controlled by a religious organization. c RCW 36.70A.540 gives authority to local governments to offer incentives in exchange for providing development for low-income Y* Y* Y housing units. RCW 36.70A.070(2)(c) requires fully planning local governments to document how they have sufficient land use capacity for all Y** Y Y future housing needs by income level. RCW 36.70A.210(3)(e) requires fully planning counties to have countywide planning policies that consider the need for housing for Y Y Y Y all economic segments and the parameters for its distribution. RCW 9.94A.030(6) regulates where level two and three sex offenders may not live. RCW 36.70A.390 states public hearing requirements for moratoria and interim zoning 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 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 Y Y Y Y impacts. At the local level, this requires an assessment of comprehensive plans, development regulations, and project permits unless specifically exempted by the act. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 9 Packet Pg. 77 Americans with Disabilities Act prohibits discrimination against individuals with disabilities and provides enforceable standards to address discrimination. 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. *Only applicable when the housing has a rental agreement, occupancy agreement or lease. A "rental agreement," "occupancy agreement" or "lease" establishes or modifies the terms, conditions, rules, regulations and other provisions concerning the use and occupancy of a dwelling unit. **Emergency shelters are grouped with emergency housing needs in Commerce's projected housing needs. State of the Practice in Washington Commerce spoke with a number of communities to learn how they developed and regulated STEP. This section reflects these findings. In Washington, many communities use local land use policies to influence the development of STEP. It is appropriate for local governments to apply land use and development regulations to these housing types, as with all other developments, by law. While some recently adopted STEP regulations are consistent with state and federal laws and encourage the production of STEP to meet their local housing needs, some existing local regulations and processes conflict with state and federal laws. In general, local regulations in Washington state could align better with state requirements, provide more flexibility and greater opportunities for establishing STEP, and remove barriers to this affordable housing need." The following are examples of observed regulatory and process barriers for STEP development in the state of Washington: Permit processes: Generally, local authorities permit STEP development in areas that already have access to services such as transit, which is a best practice. However, some jurisdictions still require a conditional use permit for all STEP, which is inconsistent with state laws for permanent supportive housing and STEP housing with leases (RCW 36.130.020), but also creates a barrier to siting any STEP project. Under this permitting process, these projects must meet certain criteria and go through a special approval process that can delay the project's timeline and increase the likelihood that a hearing examiner or the city council will not approve the project following public opposition. These additional conditions and delays result in significant costs to the project sponsors and public funders and may discourage a STEP developer from pursuing projects in their jurisdiction. • Occupancy, spacing and intensity requirements: Local regulations for STEP often include rules related to occupancy, spacing, intensity or density, parking, environmental standards and other development and operational requirements that could create barriers for STEP production >> All fully planning local governments are directed by RCW 36.70A.070(2)(d) to "make adequate provisions for existing and projected needs of all economic segments of the community," STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 Packet Pg. 78 E 9.1.c Typical restrictions on the occupancy, spacing and intensity of use of STEP in local jurisdictions include limits on the number of clients a pro�ec can serve, the number of staff and the distance between STEP projects. Most jurisdictions also do not have special provisions regarding density bonuses for STEP sponsored by religious organizations (RCW 36.70A.545). Some communities have distance restrictions that prohibit the E 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.0301 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. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 11 Packet Pg. 79 9.1.c Operations plans: Many communities also require STEP or certain STEP types, such as emergency shelters or emergency housing, to submi operations plans or agreements before they can be permitted. The required information for operations plans varies by jurisdiction. However, common documentation requirements include: E L • Contact information for key staff and their roles and responsibilities c • A facility management plan, including security policies and an emergency management plan c • Site and facility maintenance policies = • Occupancy policies • A staffing plan = • A community engagement plan .2 • Documentation of record -keeping processes P a • 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. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 12 Packet Pg. 80 9.1.c Chapter 3: Planning for STEP 101 Jurisdictions should use Washington state's definitions for STEP to ensure consistency across the state and encourage STEP development by E making definitions and policies more straightforward for developers. When planning for STEP, it is also helpful to consider the various processes r, involved in planning, siting, funding, permitting, building, licensing and operating STEP projects. 0 STEP Definitions = •L Washington state uses specific terms and definitions for STEP that are used throughout this report; see Chapter 1: Introduction. For the purposes of (00 the state's model ordinance and this report, STEP refers to developments that meet the Washington State Residential Building Code based on the c, 2021 International Residential Code, which includes rules for a permanent foundation, safe plumbing and electrical practices, insulation, weather 3 tightness, energy efficiency and safety (smoke alarms and egress). a With regard to emergency housing and emergency shelter, RCW 35.21.683 and RCW 35A.21.430 state that jurisdictions must not prohibit indoor emergency shelters and indoor emergency housing in all zones in which hotels are allowed. "Indoor," as used in the definition of indoor emergency housing (RCW 36.70A.030), and "indoor" with respect to indoor emergency housing and indoor emergency shelter in RCW 35.21.683 and RCW 35A.21.430, is interpreted in this report and the state's model ordinance as a subset of all of the possible building forms in which shelter can be provided. Indoor implies buildings that are affixed to the ground and have indoor plumbing, and therefore would exclude forms on wheels (e.g., recreational vehicles) or that lack internal sanitation and/or cooking facilities, such as tiny shelters or pallet shelters.15 Non-standard types: Local jurisdictions have observed many organizations proposing non -building code compliant structures or structures that may not have indoor plumbing, such as temporary pallet shelters, tent encampments and safe parking areas. This sometimes presents challenges for jurisdictions because their local codes may limit these types of structures. An additional challenge observed is that there are no adopted statewide standards for safe human habitation of these structures, but building codes for some temporary emergency shelters should be available by July 2026.16 Tiny homes and park model homes" may also face barriers because their size and dimensions may not conform to standard building codes, or local governments may limit where these homes are allowed as primary dwellings. Non-standard STEP types cannot be counted towards a jurisdiction's local housing need allocations, because they are more like sanctioned encampments than emergency shelters. The U.S. Department of Housing and Urban Development (HUD) and the Washington State Department of Commerce's Homeless Assistance Unit currently do not fund these projects as "emergency shelters." Furthermore, depending on the shelter and 15 Therefore, cities are not required to allow non -building code compliant structures as STEP, but the Department of Commerce encourages local governments to allow non-standard types of STEP as an alternative to sleeping outside to provide safer places for people experiencing homelessness. 16 The Washington Legislature adopted Senate Bill 5553 in 2023, which directs the state building code council to adopt standards for temporary emergency shelters and make them available for local adoption. Adopting these state building code standards may assist local governments with their building code questions for unique shelter accommodations. 17 Park model homes are recreational vehicles intended for permanent or semi -permanent installation. They are used as a primary residence (RCW 59.20.030). STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 13 Packet Pg. 81 9.1.c services offered, occupants may still be considered "unsheltered" under federal definitions. For example, HUD considers someone living in their car as experiencing unsheltered homelessness.'$ However, the Department of Commerce encourages local governments to allow non-standard types of STEP as an alternative to sleeping outside to provide safer places for people experiencing homelessness. These non-standard housing types could include, for example, safe parking and other non-standard projects that offer occupants sanitation services, connections to community services and support in finding permanent housing.19 Local governments may consider making land available for non-traditional projects, taking into consideration other potential uses of public land.20 While there are currently no state or federal standards for non-standard shelter types, some existing federal, state and local laws apply to this issue, for example: • In 2019, the U.S. Supreme Court denied the City of Boise's petition regarding its Camping and Disorderly Conduct Ordinances, which upheld the law that people experiencing homelessness cannot be punished for sleeping outside on public property if adequate alternatives are not provided. The ruling in Martin v. Boise encouraged local governments to plan for alternatives to homelessness. However, on June 28, 2024, in the case of Grant Pass v. Johnson, the U.S. Supreme Court decided that jurisdictions could criminalize camping and sleeping in public, overturning the Grant Pass case's previous decision and the Martin v. Boise ruling.21 • RCW 36.70A.540 states that local governments may use their development regulations and other means to expand opportunities for low- income housing units, including tiny home communities. • Some local jurisdictions have implemented regulations for these non-standard housing types. Thurston County recently finalized its interim homeless encampment facility regulations, and the City of Bellingham has regulated temporary shelters, including encampments, safe parking areas and tiny house shelters, since 2018. The City of Port Townsend created new regulations to support STEP, including wooden tent villages. Before adopting these code changes, Community Build, a nonprofit, built "wooden tents" (one -room structures serving as effective shelters that do not meet the legal definition of a dwelling unit) in Port Townsend. Permitting these tent encampments kept people sheltered and safer than the alternatives (e.g., sleeping outside). Port Townsend staff reported fewer conflicts than expected between wooden tent encampments and neighboring uses. However, the project did face several challenges. It needed to be approved through a temporary conditional use process, 18 HUD defines unsheltered homelessness as an individual or family with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport or camping ground. For more information, see Unsheltered Homelessness on the HUD Exchanoe. 19 Currently, there are no state or federal guidelines in place for the use of safe parking areas as permitted emergency shelter options. This absence leaves jurisdictions to determine their own policies for integrating safe parking into STEP planning. At least ten jurisdictions in Washington have established safe parking programs; for more information, see the National Vehicle Residency Collective's National Parking Program List. 20 The Portland State University's Homelessness Research & Action Collaborative for the Joint Office of Homeless Services found that tiny home villages only cost less to develop when land is free, compared to more traditional forms of STEP (motels and congregate shelter). It also found that operating costs for villages vary because of their staffing needs. Operating expenses for tiny home villages are higher than congregate shelters. However, this study found that alternative shelter types, like these villages, are more successful in transitioning people out of homelessness and meeting their needs than congregate shelters. The most appropriate shelter type for a community varies and can be based on a number of factors (e.g., client needs and preferences, land suitability, properties available for acquisition, and a project's lifespan). 21 For information on combating the criminalization of homelessness, see the Washington Low Income Housing Alliance's toolkit. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 14 Packet Pg. 82 E 9.1.c which required the project's managing agencies to extend the permit or move to a new location every six months. The city reported this was costly and inefficient. Housing vs. facilities: Some residential types are sometimes confused with STEP, particularly permanent supportive housing. Residents residing in E 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 0) developmental disabilities, or assisted living facilities for seniors where residents must pay towards the cost of their care.22 S Disaster Relief / Recovery Shelter: While STEP may be used in the event of a disaster (e.g., floods, wildfires, landslides, and earthquakes) to meet a� immediate needs, disaster relief and recovery shelters established by FEMA, local governments or others in response to a disaster (before or after) m is not considered STEP. Disaster relief/recovery shelters have different funding sources, managers, and operators and can trigger different a regulations and local processes. Local governments can consult their emergency preparedness plans and FEMA's Planning Considerations: Disaster Housing for more information on disaster shelter and housing planning. STEP Financing and Development Process STEP projects often face significant financial barriers and have complicated funding sources, each with its own requirements. When considering development regulations, jurisdictions should take these funding sources and their requirements into consideration and try to avoid creating potentially duplicative or overly burdensome standards that may overlap with the other requirements projects need to meet to obtain funding and be viable.23 Some common funding sources for STEP include: • Washington State's Apple Health and Homes Initiative, Housing Trust Fund and Consolidated Homeless Grant • Support from county and local governments, financial institutions and philanthropic organizations (e.g., tax -increment financing, grants, loans, reduced impact fees and system development charge waivers, free or reduced price land, cash and materials donations) • Low -Income Housing Tax Credits, Historic Tax Credits and New Markets Tax Credits • The U.S. Department of Housing and Urban Development (e.g., Home Investment Partnership Program and Community Development Block Grants) and Rental income, Housing Choice Vouchers and Medicaid (for leased units)24, 25 22 For more information on STEP and other housing types, seethe Department of Commerce's STEP Housing Definitions Factsheet. 21 Small cities and counties who need assistance with STEP planning or regulations can reach out to the Department of Commerce or their Regional Planner as a resource. 24 The Urban Institute, in partnership with the National Housing Conference, developed an interactive tool that helps illustrate how affordable housing developments "pencil out" and discusses how these types of projects typically need some form of government support. 21 For more information on funding sources, see the Department of Commerce's STEP State of the Practice Report and STEP Operations Guide. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 15 Packet Pg. 83 STEP project sponsor or another partner identifies STEP project partners create a detailed development plan STEP project partners make any necessary revisions to community needs (e.g., reviewing existing community plans, studies and date and engaging (e.g., architectural drawings, engineering plans, and other the development plan after it is reviewed by local relevant documentation) and apply for a building permit. government departments, such as building, zoning and the local Continuum of Care lead agency and fire safety, to ensure compliance with all relevant public housing authority) and develops a design concept to help address those needs. regulations to receive permit approval. STEP project sponsor or another partner Identifies additional key partners (e.g., architect, attorney, development consultant, funders, tax credit syndicator if using Low Income Housing Tax Credits, general contractor and management company) and begins securing financial com mit mec" tw Maie" COO'MWAion STEP project partners identify an appropriate Location (e.g., where the project complies with zoning code, development regulations and funding requirements) and obtain site control. A project's funding can drive its site selection; for example, some funders' scoring criteria look at neighborhood demographics, amenities, transit options and other location characteristics. STEP project partners secure funding commitments. Developing and operating STEP projects requires some form of financial assistance from the public sector, financial institutions, private investors or non-profit organizations. Often, a combination of these funding sources is needed, each with its own unique requirements. STEP project partners conduct a site assessment, financial feasibility analysis and other predevelopment activities, like community engagement. In some jurisdictions, neighborhood responses to affordable housing can drive local siting and permitting decisions. Some developers may need to conduct early public outreach and engagement to foster community support for their project. •■I F!N STEP project obtains a certificate of occupancy and opens for operation. In Washington state, most STEP accomodations do not have licensing and operating requirements under state law. However, once STEP opens, operation involves numerous activities, such as developing operating procedures and policies, ordering furniture and supplies, hiring and training staff, marketing services, planning for move -ins, property management, service delivery and responding to fundersllenders reporting requirements. 9.1.c Supporting STEP Projects and Operations Consistent with state funding guidelines for a variety of funding sources,26 Commerce recommends that local governments support low -barrier projects consistent with the "Housing First" model. Low -barrier projects require minimal eligibility requirements and documentation.21 Households experiencing homelessness are not screened out based on the following criteria: having little or no income, poor credit or financial history, poor or lack of rental history, involvement with the criminal justice system, active or history of substance use, disability -related services support, lacking ID or proof of US residency or behaviors perceived as indicating a lack of "housing readiness," including resistance to receiving services. Low -barrier projects have realistic and clear expectations. Rules and policies are narrowly focused on maintaining a safe environment and avoiding exiting people back into homelessness. Low -barrier projects do not have work or service requirements. If the project requires households to pay a share of rent, they allow reasonable flexibility in payment. Emergency shelters may not require occupants to enter into a lease or an occupancy agreement. Households in low -barrier programs are not terminated because they will not participate in supportive service programs. In addition, alcohol and/or substance use in and of itself is not considered a reason for termination. If a household is terminated from a low -barrier project due to violating rules focused on maintaining a safe environment, there must be a process in place for the household to be considered for re -enrollment if the household demonstrates unsafe behavior is unlikely to re -occur (i.e., engaged in new treatment plan, mental health services, medical care, etc.). Housing First is a philosophy and approach to housing and services that is often associated with permanent supportive housing, but it is applicable to all STEP types. Housing First revolves around several core tenets including entry that is not conditioned on sobriety, previous service participation, credit or evictions; housing is provided as quickly as possible; and the participant has a choice in housing selection within the bounds of available options. Housing First provides voluntary, tenant -driven supportive services to residents to help them comply with lease terms and to address behaviors that impact housing stability.28 Housing First is a trauma -informed practice that recognizes that an individual's life events or circumstances that they experience as physically or emotionally harmful have lasting adverse effects on that individual, mentally, physically, socially or emotionally.29 The design and operations of STEP projects should be trauma -informed, which includes an emphasis on safety in the physical environment, promoting self -efficacy and control over one's belongings and daily activities, and ongoing education of staff on trauma -related behaviors and trauma -informed practices. 26 For example, according to Guidelines for the Consolidated Homeless Grant (CHG). Updated March 2024, "By July 1, 2025, no less than 80% of a county's CHG funded projects (programs and facilities) must be low barrier." 27 The description of low -barrier projects in this paragraph come from Commerce's Guidelines for the Consolidated Homeless Grant (CHG). Updated March 2024, pages 9 and 10. 28 This "Introduction to Housing First" contains more of the basics of the "Housing First" principles. Additional resources on Housing First can be found on Commerce's Housing Division Grantee Training webpaae under "Housing First." 29 Substance Abuse and Mental Health Services Administration. SAMHSA's Concept of Trauma and Guidance for a Trauma -Informed Approach. U.S. Department of Health and Human Services. 2014. https://store.samhsa.gov/sites/default/files/smal4-4884.pdf. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 17 Packet Pg. 85 E 9.1.c Chapter 4: Comprehensive Planning for STEP Homelessness and housing affordability is a challenge that affects an entire county and requires solutions that often go beyond the resources of one city or town government. Therefore, many planning and implementation efforts start or take place at the county level in Washington.10 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. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 E Packet Pg. 86 9.1.c Chapter 5: Permitting STEP The local permitting process for STEP can vary depending on the jurisdiction and their permitting procedures. The approval process for a land use permit typically depends on whether the permit is classified as Type I, II, III or other permit. While the number of permit types and their terminology may vary by jurisdiction, in general, the more complex the project, the greater the level of public notice and review is needed. sa. ss, sb For example, c simple building permits are administratively approved under a Type I permit, while permitting for projects requiring a higher level of review such as a, conditional use permits, commonly fall under Type III and higher. a� x 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 a 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. A Table 2 provides recommendations for permitting processes related to STEP, including information on whether the level of permitting might be considered a permitted or conditional use in land use tables. 34 For more examples of local permit procedures, read MRSC's Streamlining Local Permit Review Procedures (2024). 35 For resources on local planning, project review, and permitting, read the Department of Commerce's A Short Course On Local Planning Resource Guide Version 5.3 (2017). 36 The Local Project Review Act (RCW 36.70B) codified into state law a series of best practices for the local land use permit process to better enable citizens and developers to know what to expect and to provide for more timely and efficient permit issuance. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 19 Packet Pg. 87 9.1.c Table 2 - Example of Local Permit Processes by Project Types Approval Process Recommended review process for STEP Type Permitting Table Administrative Emergency shelter and emergency housing that meet local development standards in areas zoned for hotels Transitional housing and permanent supportive housing that meet local development standards in areas zoned for other housing types and hotels Outdoor encampments, safe parking, indoor overnight shelters, and temporary small houses on property owned or controlled by a religious organization Permitted Administrative Discretionary Emergency shelter, transitional housing, emergency housing and permanent supportive housing that require an exemption to local development regulations Affordable housing developments on property owned or controlled by a religious organization seeking an increased density bonus consistent with the community's housing needs allocation Permitted, sometimes with footnotes, OR Administrative Conditional Use (emergency housing and emergency shelter ONLY, not PSH or transitional housing)37 Quasi -Judicial Projects that do not meet the requirements for a Type 1 or Type II Permit. Conditional Use* * Commerce recommends allowing emergency housing and emergency shelter as permitted uses whenever possible, instead of conditional uses The permit type for STEP facilities is mainly determined when a jurisdiction amends its zoning regulations and determines whether STEP facilities are a permitted use, administratively approved use or a conditional use in particular zoning districts. Jurisdictions should give particular attention tc the code development process and make concerted efforts to notice and involve the public so that the public has been engaged on decisions on where STEP facilities may be located and their applicable permit process. To reduce barriers to siting STEP facilities, Commerce recommends local governments adopt development regulations as follows: 37 PSH and transitional housing should not be an administrative conditional use unless other housing generally is permitted as an administrative conditional use (RCW 36.130.020) STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 20 E Packet Pg. 88 9.1.c • Allow permanent supportive housing and transitional housing to be permitted using the same process as housing development genera y (RCW 36.130.020). • Use the lowest level permitting type for STEP (e.g. Type I permit process is preferred to Type III). E • 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 I, 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. 2 a STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 21 Packet Pg. 89 9.1.c Chapter 6: Model Ordinance The model ordinance presented here supports jurisdictions in developing ordinances that are consistent with state and federal laws, implement their comprehensive plan, help address their county's allocations of housing needs and encourage STEP. The model ordinance provides sample regulatory language. The primary components of the ordinance are: • Section 1 General: Ordinance number and title, recitals or whereas clauses, enactment clause and statement of purpose. • Section 11 Definitions: Definitions of the terms used in the ordinance. • Section III Substantive Provisions: More detailed guidance on zoning and development regulations and a zoning matrix. • Section IV Concluding Sections: Effective date, corrections/repeals, savings and severability clauses. Table 3 outlines each section and its sub -sections. Jurisdictions can use the relevant language, fill in information specific to their community in the red text, and edit the ordinance further to fit local needs if necessary. Table 3 also includes additional information for jurisdictions to consider as they develop their regulations, including legal considerations, instructions on how to tailor the language to fit a variety of contexts across the state, and a discussion of strategies that help reduce regulatory barriers for STEP. Table 3 - Model Ordinance and Additional Considerations and Options L General i. Ordinance Number and Title AN ORDINANCE REGULATING THE SITING AND DEVELOPMENT OF EMERGENCY SHELTERS, TRANSITIONAL HOUSING, EMERGENCY HOUSING AND PERMANENT SUPPORTIVE HOUSING. Nil AN ORDINANCE amending [chapter number amended] of the municipal code. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 Ordinance Number and Title: The model ordinance provides sample language that local jurisdictions can use to develop their own ordinances for regulating STEP. For general guidance on developing local ordinances, including the Ordinance Number and Title section, jurisdictions can read MRSC's Local Ordinances for Washington Cities and Counties (2015) In general, the model ordinance and its guidance are written with both counties and cities in mind. The model ordinance highlights areas in red where communities can customize the language. In most cases, guidance that applies to cities also applies to counties. E Packet Pg. 90 ii. Recitals or Whereas Clauses Whereas, A) The Washington Growth Management Act requires fully planning local governments to plan for and accommodate housing affordable to all income levels. All cities and counties planning under the Growth Management Act must update their comprehensive plans and development regulations according to the schedule in RCW 36.70A.130. B) RCW 35.21.683 and RCW 35A.21.430 require that cities shall not prohibit transitional housing or permanent supportive housing in any zones in which residential dwelling units or hotels are allowed. Cities also shall not prohibit indoor emergency shelters and indoor emergency housing in any zones in which hotels are allowed, except in such cities that have adopted an ordinance authorizing indoor emergency shelters and indoor emergency housing in a majority of zones within a one -mile proximity to transit. Reasonable occupancy, spacing, and intensity of use requirements may be imposed by ordinance on permanent supportive housing, transitional housing, indoor emergency housing and indoor emergency shelters to protect public health and safety. Any such requirements on occupancy, spacing and intensity of use may not prevent the siting of a sufficient number of permanent supportive housing, transitional housing, indoor emergency housing or indoor emergency shelters necessary to accommodate each city's projected need for such housing and shelter. These regulations were effective September 30, 2021. C) Cities must allow permanent supportive housing in areas where multifamily housing is permitted. (RCW 35.21.689, RCW 35A.21.305) D) All fully planning jurisdictions must document sufficient land capacity for emergency housing, emergency shelters, and permanent supportive housing. (RCW 36.70A.070(2)(c)) E) Public hearing requirements for moratoria and interim zoning control are not applicable to ordinances or development regulations adopted by a city that prohibit building permit applications for or the construction of transitional housing or permanent supportive housing in any zones in which residential dwelling units or hotels are allowed or prohibit building permit applications for or the construction of indoor emergency shelters and indoor emergency housing in any zones in which hotels are allowed. (RCW 36.70A.390) F) City and county regulations may not limit the number of unrelated persons that may occupy a household or dwelling unit except for lawful limits on occupant load per square foot or building code limits. (RCW 35.21.682, RCW 35A.21.314 and RCW 36.01.227) G) Any restrictions and requirements imposed on the siting and operations of emergency housing, emergency shelters, permanent supportive housing and transitional housing must not violate civil rights protections provided by the Washington Law Against Discrimination, the federal Fair Housing Act and the Americans with Disabilities Act. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 Recitals or Whereas Clauses: Local recitals or whereas clauses in Washington state often include relevant state requirements, facts justifying the ordinance, references to the comprehensive plan and information on the process of developing the ordinance and regulations. The model ordinance provides excerpts from relevant state and federal laws. Jurisdictions could also cite relevant local data on housing needs regarding STEP (e.g., housing needs allocations from their county or the county's overall housing needs allocations), or housing policies from their comprehensive plan. Jurisdictions could also include statements summarizing the process of developing and approving the regulations, such as what information was considered when the ordinance was drafted, what the planning commission recommendations were, whether there was a public hearing(s), and when Washington State Environmental Policy Act requirements were considered if applicable. 23 E Packet Pg. 91 H) A city or county is prohibited from imposing different requirements on affordable housing developments (e.g., permanent supportive housing, transitional housing or emergency housing with a lease) than those imposed on housing developments generally. However, exceptions are allowed for preferential treatment towards affordable housing developments aimed at specific groups such as individuals experiencing homelessness, farmworkers, persons with disabilities, seniors or low-income households. Preferential treatment may include fee reductions or waivers, adjustments to architectural or site development requirements, or other measures aimed at reducing development or operating costs. (RCW 36.130.020) 1) If a city, county or other local government entity is a funder of the project, the city can put regulations or restrictions on operators of affordable housing. J) Any city or county must allow an increased density bonus consistent with local needs for any affordable housing development of any single-family or multifamily residence located on real property owned or controlled by a religious organization. (RCW 36.70A.545) K) Regulatory limits on outdoor encampments, safe parking efforts, indoor overnight shelters, and temporary small houses on property owned or controlled by a religious organization must be consistent with RCW 35.21.915 and RCW 36.01.290. iii. Enactment Clause Therefore, the [approving entity, for example, City Council or Board of County Commissioners, and community name] does ordain as follows: iv. Statement of Purpose The purpose of this ordinance is to: A) Ensure compliance with the State of Washington's Growth Management Act and other laws. B) Support the implementation of [community name]'s comprehensive plan. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 Enactment Clause: The enactment cause includes who adopted the ordinance. Statement of Purpose: A statement of purpose typically discusses the ordinance's goals, such as ensuring compliance with state and federal laws and the comprehensive plan. Goals might incorporate specific excerpts from laws and the comprehensive plan that the ordinance addresses. Specific goals will vary by jurisdiction but might include a goal related to ensuring STEP tenants and clients have access to 24 E Packet Pg. 92 C) Encourage the development of emergency housing, emergency shelters, permanent supportive housing and transitional housing consistent with best practices for these development types to help address local housing needs. D) Direct STEP development to areas with existing amenities, like jobs, services and transit, to ensure occupants have access to opportunities. E) Protect the health, safety and welfare of the individuals served by these development types and the broader community. ll. Definitions The following definitions shall be applied. Words in the singular number shall include the plural, and the plural shall include the singular. Statutory required definitions: 1) Emergency housing means temporary indoor accommodations for individuals or families who are homeless or at imminent risk of becoming homeless that is intended to address the basic health, food, clothing and personal hygiene needs of individuals or families. Emergency housing may or may not require occupants to enter into a lease or an occupancy agreement. (RCW 36.70A.030(14)) 2) Emergency shelter means a facility that provides a temporary shelter for individuals or families who are currently homeless. Emergency shelter may not require occupants to enter into a lease or an occupancy agreement. Emergency shelter facilities may include day and warming centers that do not provide overnight accommodations. (RCW 36.70A.030(15)) 3) Permanent supportive housing is subsidized, leased housing with no limit on length of stay that prioritizes people who need comprehensive support services to retain tenancy and utilizes admissions practices designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing, especially related to rental history, criminal history and personal behaviors. Permanent supportive housing is paired with on -site or off -site voluntary services designed to support a person living transportation, jobs and other services, and a goal related to supporting the broader community with the code. Definitions: Commerce intends for this model ordinance to support jurisdictions in following requirements established by the Growth Management Act and the state's definitions of STEP To ensure consistency across the state, jurisdictions should use Washington state's definitions included here under statutory required definitions; while the other definitions are optional.38 Jurisdictions may define housing and shelter types not defined by the state, so long as they are not inconsistent with state law. If there are questions, consult with your jurisdiction's attorney or with Commerce staff. For example, one county and city in Washington state made conscious efforts to align their language and processes to help reduce development barriers like unclear or inconsistent regulation language. Other jurisdictions worked with local housing providers to develop language for additional terms and definitions for temporary shelter and accommodations that the providers intended to develop. Jurisdictions should also avoid vagueness in their definitions and throughout their ordinance. 38 Cities and counties are not required to use the exact same terms as the state statutes. However, using different definitions than those in the state statutes may result in inconsistencies and noncompliance with the law. Therefore, Commerce recommends following the definitions included in the state statutes as this poses the least risk. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 25 E Packet Pg. 93 with a complex and disabling behavioral health or physical health condition who was experiencing homelessness or was at imminent risk of homelessness prior to moving into housing to retain their housing and be a successful tenant in a housing arrangement, improve the resident's health status, and connect the resident of the housing with community -based health care, treatment or employment services. Permanent supportive housing is subject to all of the rights and responsibilities defined in chapter 59.18 RCW. (RCW 36.70A.030(31�) 4) Religious organization means the federally protected practice of a recognized religious assembly, school or institution that owns or controls real property. (RCW 36.01.290(6)(c)) 5) Tiny houses, including tiny houses on wheels, are defined as dwellings to be used as permanent housing with permanent provisions for living, sleeping, eating, cooking and sanitation built in accordance with the state building code. (RCW 35.21.686) 6) Transitional housing means a project that provides housing and supportive services to homeless persons or families and that has as its purpose facilitating the movement of homeless persons and families into independent living, generally in less than two years. (RCW 84.36.043(3)(c), updated by Commerce) Statutory optional definitions: 7) Affordable housing means, unless the context clearly indicates otherwise, residential housing whose monthly costs, including utilities other than telephone, do not exceed thirty percent of the monthly income of a household whose income is: For rental housing, 60 percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development; or For owner -occupied housing, 80 percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development. (RCW 36.70A.030(5)) STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 Religious organization: The definition provided in the model ordinance applies to counties and "hosting the homeless." It is likely that a local government may need to use a broader definition than just one that owns or controls property in other contexts. This definition is just for the purpose of RCW 36.01.290 and RCW 36.70A.545. It is not required to be used more broadly. Temporary: The definition included in the model ordinance applies to the person and how long they reside there, not the structure or length of time for the land use. Affordable housing development, with respect to RCW 36.130.020, means a housing development in which at least twenty-five percent of the dwelling units within the development are set aside for or are occupied by low-income households at a sales price or rent amount that is considered affordable by a federal, state or local government housing program. (RCW 36.130.010) Indoor emergency housing or transitional housing that is administered through a lease or occupancy agreement and permanent supportive housing are determined to be affordable housing under RCW 36.130.020. (Draft WAC Changes - 365-196-Part 4 - March 2024) Tiny shelters: Because communities are seeing non-standard types of STEP being purposed, some may consider adding a definition for tiny shelters. Tiny shelters are temporary shelters that do not have the amenities of a single dwelling unit and rely on shared facilities for dining, laundry and bathrooms. The structure may or may not be on a foundation. 26 E Packet Pg. 94 III. Substantive Provisions Locations for STEP: Indoor emergency shelters and indoor emergency housing are permitted in any zone in which hotels are allowed [relevant code section numbers]. [OR] Indoor emergency shelters and indoor emergency housing are permitted in [XX, XX, and XX zones], representing more than 50% of zones within one -mile proximity to transit [relevant code section numbers]. Permanent supportive housing and transitional housing are permitted in any zones where residential dwelling units or hotels are allowed [relevant code section numbers]. Zoning Matrix: Jurisdictions can use the zoning matrix to update their land use tables. Emergency Shelter P* Transitional housing P Emergency housing P* Permanent P supportive housing P = Permitted *Unless an ordinance has been adopted authorizing indoor emergency shelters and indoor emergency housing in over 50 percent of zones within one mile of transit. Same treatment: Transitional housing and emergency housing with a lease and permanent supportive housing should be treated the same as other housing types in local regulations. RCW 36.130.020 states a city, county or other local governmental entity or agency may not adopt, impose or enforce requirements on an affordable housing development that are different from the requirements imposed on housing developments generally. Therefore, the substantive provisions section may be most applicable to emergency shelter and emergency housing regulations. Preferential treatment: However, this law does not prohibit local governments from extending preferential treatment to affordable housing developments, including, but not limited to a reduction or waiver of fees, changes in applicable requirements, or other treatment that reduces or is likely to reduce the development or operating costs of a development. If a local government provides preferential treatment to affordable housing developments of any kind, they must also provide the same benefits and conditions to permanent supportive housing and transitional housing and emergency housing with leases. If a jurisdiction provides a benefit for these development types, it may include requirements proportional to that benefit. For example, if a project receives a Multi -Family Tax Exemption, it will need to meet the requirements of that program.39 If a project receives a parking waiver, a jurisdiction may request the project submit a parking management plan. These requirements must apply to all projects that receive the benefit (not just a subset). By right zoning and conditional use processes: To support STEP projects, jurisdictions can clearly outline the permitting process in their ordinances, including what approvals are required, who makes the decision and what the decision criteria and expected timeline are. Conditional use processes and public hearings for STEP permit applications can create uncertainty for applicants and add extra time and costs to projects. Therefore, if an application meets all the requirements, it is recommended it be subject to administrative review without a public hearing to avoid misleading community members. An emerging best practice is to designate STEP as a permitted use outright in the zones highlighted in the zoning matrix on the left. To support classifying STEP as a permitted use outright with an administrative review, a jurisdiction can adopt clear criteria for review to aid judgment in making decisions. Recognizing that communities may still utilize conditional use processes to address community concerns in some zones, the Department of Commerce recommends jurisdictions limit STEP permit applications to administrative review whenever possible. Additionally, jurisdictions' ordinances and regulations should be consistent with and implement local comprehensive plans, which must document sufficient land use capacity for STEP. (RCW 36.70A.070(2)(c)) Occupancy, spacing and intensity of use requirements: Communities may only impose reasonable occupancy, spacing and intensity of use limits on STEP to protect public health and safety, and any such limits must allow the siting of a sufficient number of permanent supportive housing units and emergency housing beds necessary to accommodate se For more information, see the Department of Commerce's Multi -Family Housing Property Tax Exemption Program webpage. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 27 E Packet Pg. 95 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.7031 which create community protection zones of 880 feet to prevent sex offenders from living near schools. Intensity: With respect to STEP, intensity refers to the total number or density of people, transportation and/or services in a single location or facility. Commerce does not recommend any blanket intensity regulations for these use types. Standards adopted to encourage a scattered approach to the siting of these services to ensure they are not located in only one area of the jurisdiction should consider the accessibility of services for residents, be accompanied by documentation of sufficient land capacity and be consistent with state and local policies. Parking requirements: These requirements should be less extensive for STEP than typical housing, as most residents do not have vehicles. Parking should be considered for employees based on context (e.g., the development's proximity to transit). STEP near a transit stop would require very few off-street parking spaces. If parking is required in the municipal code, Commerce recommends that the jurisdiction accept parking studies from the applicant documenting the number of parking spaces that are needed by the land use. Jurisdictions should look at comparable STEP developments in similar contexts to determine projected parking needs. Required documentation and plans: These types of regulations are only acceptable for emergency shelter, emergency housing and transitional housing without leases under state law (RCW 36.130.020). Unless documentation and plans are required for other similar facilities and housing types (e.g., adult family homes, nursing homes, or multfiamily housing generally), Commerce discourages jurisdictions from adding these additional requirements for STEP and encourages them to defer to the project's funder and insurance requirements rather than asking for them in local code. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 W E Packet Pg. 96 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 c approval criteria. _ 0 Jurisdictions should also limit what they require in these plans to help streamline the permitting of STEP projects. For c example, an operations agreement may provide the following: W 2 • One phone number for emergencies 0 • Operating funding information to inform local governments of existing requirements and support a project may M have a= • Services plan (i.e., a description of on -site services, identification of service providers, and staff -to -client ratios) m Requirements to receive services: Because STEP funders already have project requirements for requirements to 3 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.). m Exemptions/exclusions: Jurisdictions can review their existing regulations and any other STEP requirements to consider types of projects that might be suitable for an exemption. For example, some jurisdictions require public noticing requirements, but waive those for projects with confidential locations to prevent adverse effects on clients served by domestic violence shelters and housing. Special provision for religious organizations: Jurisdictions must allow an increased density bonus consistent with local housing needs for any affordable housing development on property owned or controlled by a religious organization. State law also limits jurisdictions' ability to regulate outdoor encampments, safe parking efforts, indoor overnight shelters and temporary tiny shelters on property owned or controlled by a religious organization. To be consistent with state law and allow more STEP to meet local housing needs, jurisdictions can ensure provisions are included for religious organizations and permitting processes are outlined in local ordinances. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 29 Packet Pg. 97 9.1.c 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. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 E w C O •L CU Concluding sections: These generic sections of the = model ordinance can be used if applicable. Otherwise, .2 they can be left out of a local ordinance. a For general guidance on developing this section of local ordinances, jurisdictions can read MRSC's Local -0 Ordinances for Washington Cities and Counties (2015). M 20 Packet Pg. 98 9.1.c Chapter 7: Accommodating Enough STEP E 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. c Demonstrating Sufficient Land Capacity One of the first steps for jurisdictions to accommodate enough STEP after permitting the uses is to review if they have sufficient land zoned for 2 these development types, as required by state law. Local comprehensive plans must identify "sufficient land for housing, including, but not limited a to, manufactured housing, multifamily housing, group homes, foster care facilities, emergency housing, emergency shelters, [and] permanent supportive housing," RCW 36.70A.070(2)(c). a Therefore, all fully planning jurisdictions must do a land capacity analysis to show land capacity for permanent supportive housing and emergency housing/shelters, not just those jurisdictions that have occupancy, spacing and intensity of use requirements.40 The land capacity for emergency housing can overlap with the land capacity information for other housing types .41 This assessment is also an opportunity for communities to examine the gap between their housing needs and existing inventory and consider if land suitable for STEP is in areas with sufficient infrastructure and amenities, such as transit and other services. To determine whether jurisdictions have the land capacity for STEP, local governments can refer to Guidance for Updating your Housing Element Book 2 for specific steps, starting on page 41 for emergency housing and emergency shelters, grouped together in emergency housing steps, and starting on approximately page 31 for permanent supportive housing. Approaches to determine land capacity for siting STEP can vary, but, in general, include reviewing existing housing supply; reviewing vacant and redevelopable land in areas with access to infrastructure, transportation, jobs and other services; and identifying if based on both intensity of STEP likely to be developed and restrictions, such as spacing or occupancy requirements, there is sufficient capacity for STEP. Examples of land capacity analyses are also available on Commerce's EZView website. 40 This updated standard for when a land capacity analysis is required for emergency housing will be updated in Guidance for Updating your Housing Element (Housing Element Book 2) by August 2024. 41 For example, if a jurisdiction has 2.5 acres of vacant land in the zones that allow emergency housing and emergency shelter, they can use that area in the land capacity analysis for permanent housing needs and the land capacity analysis for emergency housing. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - DRAFT (MAY 2024) 31 Packet Pg. 99 9.1.c Jurisdictions can also engage their local Continuum of Care (CoC)42 to understand specific STEP demands, constraints and opportunities within their communities. These groups can share where they think STEP is more likely to be developed and at what densities.43 Jurisdictions must document their findings of sufficient land capacity for emergency housing, which includes emergency shelters, and permanent 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 c housing needs allocation. _ •L Reducing Development Barriers = Many barriers exist for developing STEP and affordable housing in general, including but not limited to: 3 a • Rising costs of land, labor, materials and insurance • High permit fees, impact fees and utility connection fees • Burdensome or unclear zoning and development regulations • Slow local permitting and approval processes • Lack of clear and accessible information on processes • Limited capacity at local jurisdictions to process applications quickly • Limited developer and workforce capacity • NIMBY (Not -In -My -Backyard) attitudes • Neighborhood covenants and restrictions • Limited subsidized funding sources • Requirements to fund new infrastructure While local jurisdictions do not set property prices, the number of construction hours needed to complete a development or the cost of building materials and insurance, they do control several aspects to development. Jurisdictions set permit costs, control internal approval processes that can add to development timelines, grant fee waivers, control publicly owned land and can provide public funding for affordable housing and STEP." 42 A CoC is a regional or local planning body that coordinates housing and services for people experiencing homelessness. It consists of representatives from service providers, local governments and other organizations, and it is responsible for planning and allocating resources to address homelessness. (National Alliance to End Homelessness. What is a Continuum of Care?. 2010. https://endhomelessness.ora/resource/what-is-a-continuum-of-care/) 43 Visit HUD's Grantee Contact Information or the Department of Commerce's Continuum of Care webpage to find the right CoC contact. Commerce is the Collaborative Applicant for the Washington Balance of State Continuum of Care, consisting of 34 small and medium-sized counties. 44 The Homelessness & Housing Toolkit for Cities, produced by the Association of Washington Cities and Municipal Research and Services Center (2022), provides resources and case studies on various strategies to help communities address homelessness and affordable housing issues. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 32 Packet Pg. 100 9.1.c One of the most important powers of local governing bodies that can be used to lower barriers for STEP production is their ability to control loca zoning and development rules. To encourage more STEP development, jurisdictions can consider including regulatory or permitting incentives for STEP, such as reduced or waived 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." 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 Unclear rules and requirements that are inconsistent with state and federal laws Regulations different from those for general housing development Spacing requirements (e.g., minimum distances from parks, schools or other facilities) Make it very clear where STEP uses are allowed and what process needs to be followed for permitting. Review the state's minimum requirements for STEP regulations to ensure they are incorporated into local ordinances. Jurisdictions are encouraged to use STEP definitions that are consistent with the state's definitions to make regulations more straightforward for STEP developers operating across the state. If specific requirements are adopted for STEP, avoid vagueness that may lead to arbitrary action or is too difficult for the average citizen to understand. Treat transitional housing and emergency housing with leases and permanent supportive housing the same as other affordable housing types, as required by law (RCW 36.130.020). Also, ensure any additional regulations for emergency shelter and emergency housing are limited to restrictions or requirements that are consistent with state and federal laws and have a legitimate purpose of protecting public health and safety. Do not include spacing requirements or minimum distances from public uses; instead, encourage STEP development in areas with access to these types of amenities, especially public transit when it is available Encouraging STEP development in locations near schools, healthcare services, transportation, job prospects and other amenities helps promote economic mobility and access to services. If jurisdictions 45 Impact fees and linkage fees are costs developers are required to pay to support shared infrastructure and services. Jurisdictions can reduce development costs for STEP and other affordable development projects by reducing or waiving these fees. RCW 82.02.060(3) authorizes cities, counties and towns to grant impact fee exemptions for affordable housing. RCW 35.92.380 authorizes a city or town to waive or delay collection of tap -in charges, connection fees or hookup fees for low-income persons connecting to water, sanitary or storm sewer service, electricity, gas and other means of power and heat, and RCW 36.70A.540 authorizes affordable housing incentive programs, including fee waivers or exemptions. 46 Jurisdictions offering these benefits should always consider tax loss information and possible repercussions on city taxes for the year. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 33 E Packet Pg. 101 9.1.c Limiting maximum densities or minimum 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. E w _ Do not place restrictions on STEP that are not placed on other housing or shelter types, unless it is ° square footage specifically tied to public health and safety. For STEP projects owned and/or operated by religious S •L organizations, allow density bonuses that are consistent with local housing needs allocations and waive a 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. •2 High off-street parking requirements and Waive or significantly reduce parking minimums for STEP projects because they serve individuals who often a ground -floor retail requirements lack a vehicle. Waive ground -floor retail requirements for STEP projects in mixed -use zones to help make projects easier to develop and allow them to serve more people. 2 Limits on occupancy Do not limit the number of unrelated persons that may occupy a household or dwelling unit except for lawful limits on occupant load per square foot or building code limits. Jurisdictions looking for assistance should consult their building official/applicable building codes. If jurisdictions choose to have overall occupancy requirements, they must demonstrate with a quantitative and spatial analysis that there is sufficient capacity for their housing needs allocation and include reasoning for how these requirements protect public health and safety in the findings of their ordinance. Restrictions on support spaces, such as Waive restrictions on support spaces, which may be considered a non-residential use, within permanent office space, within a permanent supportive supportive housing properties in residential zones to provide its tenants with greater access to services and housing building in a residential zone amenities that can help them become self-sufficient and stably housed long term. Facility operating and reporting requirements Requirements for coordination with local police and fire departments Defer to projects' funding requirements and do not set requirements for STEP operations and reporting. Often, jurisdictions do not have the expertise on staff to thoughtfully review and evaluate whether plans for operating these types of housing and shelter are appropriate. Instead, it is recommended to defer to the projects' funders' requirements, which often include standards for client -staff ratios, staff training and certifications, services provided, progress reporting and more. Do not require new coordination plans with local police and fire departments; instead, defer to the preferred coordination plans of local police and fire departments. If such plans do not exist or STEP operators already have existing preferred operations regarding coordination with local police and fire departments, defer to these rather than requiring new plans developed specifically for each project to prevent adding a potentially duplicative, burdensome requirement for STEP. Arbitrary limits on operation times or It is best to defer to projects' funding requirements instead of requiring operations plans or additional occupants (e.g., total occupants allowed or specific plans of the STEP project. Do not set arbitrary limits on STEP projects' operation times or requirements for client background checks or occupants or include requirements for additional plans or agreements. Often, jurisdictions do not have the sobriety) and/or requirements for additional expertise on staff to thoughtfully determine operations requirements or plan details for these types of STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 34 Packet Pg. 102 9.1.c plans or agreements (e.g., operations plans or good neighbor agreements) Conditional use permits, design review requirements47 and discretionary review processes48 housing and shelter, so it is best to defer to the projects' funders' requirements, which often include client eligibility requirements and standards for these projects' operations and services. 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 36.7013.120(3). No design review process may include more than one public meeting. A county or city must comply with these requirements beginning six months after its next periodic update required under RCW 36.70A.130. Local governments are encouraged to expedite permits that include affordable housing, as defined in HB 1293 (2023), which provides additional flexibility in defining affordability. The provisions do not apply to regulations specific to designated landmarks or historic districts established under a local preservation ordinance. 48 For a list of uses that require a public hearing, see Appendix C, page 31, of Local Ordinances For Washington Cities and Counties. 49 The City of Port Townsend and Jefferson County worked closely together to expedite the permitting for a specific project that incorporates safe parking, a tiny house village and permanent supportive housing on the same piece of county -owned property. Seattle also has implemented an expedited permitting process to encourage STEP production, including exempting permanent supportive housing projects from design review. For more information on how jurisdictions in Washington are helping reduce development barriers for STEP, see the Department of Commerce's STEP Case Studies. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 35 E Packet Pg. 103 9.1.c certifications, documentation and reporting). The funders who make STEP projects possible often have their own service, client and staff standards, so additional local requirements can be duplicative and become burdensome for STEP projects. In most cases, it is not possible to build STEP projects without some form of public funding (e.g., a combination of state and LIHTC funding), and all public sources of funding E have regulatory requirements developers must meet.so Making support services optional: Some community members may be concerned about making support services optional for STEP clients. c 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. a • Unfair evictions: Washington residents are concerned about unfair evictions for renters in leased STEP projects. However, any rental requiring leases must adhere to laws established by Washington State's Residential -Landlord Tenant Act, so tenants are already protected under law." • Lack of behavioral health support: The shortage of healthcare professionals, such as clinicians, long-term care support and social workers, is not only affecting the homeless population in Washington but also everyone else. Instead of imposing difficult staffing or service requirements for STEP, defer to the requirements of the entity funding the project for specific requirements for providers and staffing because they understand the needs of residents, best practices and support and staff availability. • Unaddressed health and safety concerns of shelter and housing (e.g., unmaintained buildings and littered properties): All residential development projects, including STEP, should prioritize the safety and maintenance of their properties for the benefit of their clients, tenants and staff. To ensure that all Washington residents are equally protected, local code enforcement should enforce the same occupancy requirements (e.g., max persons per room) and minimum health and safety standards for all residential projects. • NIMBYism (i.e., Not -In -My -Backyard mentality): In Washington communities, some residents may be opposed to the development of affordable housing in their neighborhood, which can be a major obstacle for STEP in jurisdictions where public input has the power to influence or prevent a project from being built. To overcome this, local governments can reduce discretionary review processes53 for STEP permitting and allow STEP to be permitted administratively, and they can help educate the public about the importance of affordable housing and STEP. The so See "Requirements Associated with State and Federal Funding" in Chapter 3 of the STEP State of the Practice Report for more details on these requirements and links to specific program requirements. 51 For studies on the Housing First model that show voluntary services work, see Data Visualization: The Evidence on Housing First from the National Alliance to End Homelessness. 52 For more information, see the Benton -Franklin Rental Owners Association's Summary of the Residential Landlord -Tenant Act of 1973. 53 These processes leave permit approval up to a local decision -maker's discretion and may require a public hearing. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 36 Packet Pg. 104 9.1.c Department of Commerce's Housing Division developed the Permanent Supportive Housing Communications Toolkit, which includes the following helpful materials: • Permanent Supportive Housing 101 Factsheet E L • Benefits of Permanent Supportive Housing Factsheet c • Building a Community of Support guidance c • Common Community Concerns FAQ: Understand and Respond c • Considerations for Rural and Urban Communities • Amplifying the Voices of People in Need of Permanent Supportive Housing Factsheet = • Lessons Learned Factsheet 2 • The Importance of Messaging Factsheet a • Understanding how Permanent Supportive Housing (PSH) Operates Factsheet Local authorities can help residents become open to unfamiliar housing types and encourage STEP developers and operators to become actively involved in the community by inviting them to attend local meetings and events. Regularly convening residents and STEP partners to discuss community needs and concerns can be an effective strategy to help address NIMBYism. It is important to control how large these meetings between residents and STEP partners are (e.g., max 15 people), who is invited (e.g., neighborhood leadership, local service providers and advisory groups) and what the format is (e.g., local planning staff serve as conveners and facilitate the meeting, serving as a mediator, if necessary, between residents and STEP partners). Lack of control over neighborhood character: In Washington, some residents may feel that they have no control over the development that takes place in their neighborhood. To address this concern, local jurisdictions can involve community members and STEP partners in discussions about local policies and regulations that guide future development. Jurisdictions should already include robust public engagement opportunities as part of their comprehensive planning processes to ensure that residents have a say in the future of their community. Local ordinances should align with jurisdictions' comprehensive plans and development of local ordinances usually includes an opportunity for community input, so these opportunities are a way residents can influence neighborhood regulations and character as well. It is important to note that local ordinances that mandate public outreach and engagement for affordable housing projects but not for other residential projects may violate fair housing laws and other state and federal regulations. The Department of Commerce encourages jurisdictions to plan for and raise awareness about the benefits of STEP in their housing planning processes. By taking this proactive approach, jurisdictions can reduce the need for engagement related to specific projects and streamline permitting processes for STEP. Assuming that a STEP project is to be administratively approved, local planning staff can also host a community meeting to help inform residents about a specific project in their neighborhood. A community meeting differs from an open record hearing/public hearing because community members cannot influence whether the STEP project moves forward, and the meeting is only for informational purposes. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 37 Packet Pg. 105 HI When When STEP providers do not comply with funders' requirements: In situations where STEP service providers/property owners do not comp y with funder requirements or standards, a local government should first notify the property owner of the concerns to determine whether the issues could be rectified. If the owner's response is not sufficient, the local government may consult with the relevant state agency/funder to E understand whether state oversight or resources could be used to address the concerns. Lastly, if providers/property owners remain out of r, compliance, a local government may utilize its code enforcement tools, as it would with any other nuisance property or landlord. 0 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. a Crime and substance abuse: STEP that is well managed can be a neighborhood asset that creates the conditions necessary for everyone to thrive and have access to support services. Many STEP developments also provide resources to the community regarding any concerns that may require immediate intervention. These developments employ staff with expertise in supporting people in transition from homelessness, including crisis intervention and security. Staff work with STEP clients and residents to comply with shelter and housing rules and are trained to de-escalate difficult situations before they become emergencies through onsite or mobile support. Staff serve as a point of contact for community members to discuss and address concerns as they emerge.54 Several studies on permanent supportive housing found no evidence that the development of these facilities leads to increased rates of crime." While sobriety is an important goal for many individuals, many studies56 have found that imposing strict sobriety requirements as a condition of housing can be counterproductive and exacerbate homelessness. By providing stable housing and other services, STEP projects can help individuals take the steps to improve their health and well-being, address the root causes of their substance use, and connect with counseling and other supportive services. Additionally, fair housing laws and the Americans with Disabilities Act protect people with criminal histories related to past substance abuse.57 54 National Academies of Sciences, Engineering, and Medicine. Permanent Supportive Housing: Evaluating the Evidence for Improving Health Outcomes Among People Experiencing Chronic Homelessness. Washington, DC: The National Academies Press. 2018. https://nap.nationalacademies.org/catalog/25133/permanent-supportive-housing-evaluating-the- evidence-for-improving-health-outcomes 55 San Mateo County Health System, Behavioral Health and Recovery Services. The Impact of Supportive Housing on Neighborhood Crime and Property Values. www.smchealth.ora/sites/main/files/file-attachments/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.00v/portal/periodicals/em/spring-summer- 23/highlight2.html 57 For more information, see The Americans With Disabilities Act. Addiction, and Recovery for State and Local Governments. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 38 Packet Pg. 106 9.1.c Chapter 8: Adoption and Implementation To encourage the development of STEP in the state of Washington, the adoption of Commerce's model ordinance and other recommendations in E 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. _ 0 General tips for adoption and implementation of STEP regulations include: _ •L • 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 2 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 a considered. a Engage decision makers along the way: Addressing critical housing needs and defining regulations for STEP can raise concerns from a range of stakeholders, including elected and appointed officials. Engaging with decision -makers early and continuously will create a smoother path for the adoption process. Work with attorneys: Jurisdictions should work with an attorney or the Department of Commerce to ensure their local ordinances are consistent with state and federal law before adoption. After adoption, jurisdictions may still need to work with attorneys to deal with compliance issues in administering the ordinance. For example, an issue may arise requiring legal support to articulate a policy or procedure within the ordinance. Jurisdictions can ensure their permit requirements for STEP are as objective as possible to ensure their decisions are legally defensible. Raise awareness about the benefits of STEP: To further support jurisdictions in the adoption and implementation of their ordinances related to STEP, the Department of Commerce is developing the STEP Communications Toolkit, including a sample staff report and other materials to help local planning staff, appointed and elected officials and others communicate the benefits, challenges and best practices associated with planning for STEP. These tools will be coordinated and consistent with the Department of Commerce Housing Division's Permanent Supportive Housing Communications Toolkit. Commerce's STEP Communications Toolkit is available on the Updating GMA Housing Elements webpage. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 39 Packet Pg. 107 9.1.c Appendix Methodology From February 2024 through July 2024, Commerce is working with Abt Global and the Corporation for Supportive Housing (the project team) to create a STEP Model Ordinance, User Guide and Best Practices Report and Communications Toolkit. The following includes the project team's methodology for drafting the STEP Model Ordinance, User Guide and Best Practices Report. Establish an Advisory Committee To inform the model ordinance and its supplemental materials, the project team established an advisory committee including representatives from individual jurisdictions who have regulated types of STEP in their communities, STEP developers, and stakeholders who were involved in the development of HB 1220 or overall housing policy development in Washington. The project team convened this committee three times throughout the process to gather information and guidance. Members include: 1. Adrian Smith, City of Port Townsend 2. Ali Brast, City of Spokane 3. Blake Lyon, City of Bellingham 4. Bryan Snodgrass, City of Vancouver 5. Bryce Yadon, Futurewise 6. Carl Schroeder, Association of Washington Cities 7. Chris Collier, Alliance for Housing Affordability at Housing Authority of Snohomish County 8. Colin Morgan -Cross, Mercy Housing 9. Curtis Steinhauer, Washington State Association of Counties 10. Dee Caputo, FAICP, Washington State Department of Commerce, Growth Management Services (Retired) 11. Glen DeVries, City of Wenatchee 12. Lauren Fay, Downtown Emergency Services Center (DESC) 13. Mario Williams -Sweet, King County 14. Mary May, GS Consulting Analyze the Existing State of the Practice To better understand the current environment and best practices regarding STEP, the project team cataloged relevant state and federal laws, reviewed other communities' model ordinances and analyzed local jurisdictions' existing regulations from February to April 2024. The project STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 nn E w c 0 L CU d a Packet Pg. 108 9.1.c team's research included conducting virtual interviews and small groups with representatives from local planning departments and other STE stakeholders, including: • City of Federal Way • City of Kenmore • City of Kent • City of Langley • City of Olympia • GS Consulting, Affordable Housing Consultant • King County • Lewis County • Snohomish County • Plymouth Housing • Washington State Department of Health AM documented and synthesized the results of these information -gathering activities in a State of the Practice Report identifying best practices and local needs to guide the design of the model ordinance and its supplemental materials. Study Local Implementation Successes In March and April 2024, the project team studied the successful implementation of STEP ordinances and development in four different jurisdictions in Washington state, including the City of Spokane, the City of Vancouver, the City of Wenatchee and King County. The team selected localities of varying sizes and locations throughout the state to conduct interviews and gather information for case studies. The lessons learned from these studies informed the model ordinance and its supplemental materials and are compiled in the STEP Case Studies Report. Facilitate a 30-day Public Comment Period and Targeted Engagement The project team facilitated a 30-day public comment period before finalizing the STEP Model Ordinance, User Guide and Best Practices Report. To gather feedback during this time, Commerce broadly distributed the draft model ordinance to Washington's local governments, behavioral health providers and other interested parties to give them the opportunity to provide comments. The team also conducted an online webinar on May 14, 2024, and presented at existing meetings with targeted groups. The project team analyzed all the comments collected over the public comment period and used that feedback to inform the final model ordinance and its supplemental materials. STEP MODEL ORDINANCE, USER GUIDE AND BEST PRACTICES REPORT - JULY 2024 Al E Packet Pg. 109 9.1.d ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING INTERIM DEVELOPMENT STANDARDS FOR EMERGENCY SHELTERS, TRANSITIONAL HOUSING, EMERGENCY HOUSING, AND PERMANENT SUPPORTIVE HOUSING ("STEP" HOUSING). WHEREAS, the Washington state legislature passed House Bill 1220 (HB 1220) in 2021, which amended the Growth Management Act (GMA) requirements for housing; and WHEREAS, the law requires local governments like Edmonds to plan for and accommodate housing affordable to all income levels, which includes demonstrating sufficient land capacity for housing at all income levels to meet future housing needs, including permanent supportive housing and emergency housing; and WHEREAS, local governments must also identify local barriers to production of affordable housing and take actions to remove those barriers; and WHEREAS, housing targets were established for Edmonds as part of the recent periodic Comprehensive Plan update; and WHEREAS, Edmonds, as a high -cost community, must plan for 6,814 units of permanent supportive and low-income housing (0-80% of Area Median Income) over the next 20 years; and WHEREAS, these targets informed the development of the Comprehensive Plan goals and policies regarding supportive housing; and WHEREAS, this ordinance addresses the supportive housing goal and policies H-9.2, H- 9.5, H-9.6, and H-9.7 by allowing: • Indoor emergency shelters and indoor emergency housing as permitted uses in all zones where hotels are currently allowed in Edmonds: Commercial Waterfront (CW) Community Business (BD), Downtown Business (BD), and General Commercial (CG); • Permanent supportive housing and transitional housing as permitted in all zones where residential dwelling units or hotels are allowed; and Packet Pg. 110 9.1.d WHEREAS, pursuant to RCW 36.70A.390, this interim ordinance may be adopted without first holding a public hearing; and WHEREAS, the city council intends to follow this ordinance with a permanent set of regulations that implement HB 1220; and WHEREAS, the forthcoming permanent regulations and related public participation processes will give the city council an opportunity to consider additional housing options for tiny houses and shelters, temporary pallet shelters, tent encampments, and safe parking areas, which are not included in these interim regulations; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A new chapter 17.125, entitled "Emergency Shelter, Transitional Housing, Emergency Housing, and Permanent Supportive Housing (STEP Housing)," is hereby added to read as shown in Exhibit A, which is attached hereto and incorporated herein as if set forth in full. Section 2. Sunset. This interim ordinance shall remain in effect for 180 days from the effective date or until it is replaced with another ordinance adopting permanent regulations, after which point it shall have no further effect. Section 3. Public Hearing on Interim Standards. Pursuant to RCW 36.70A.390 and RCW 35A.63.220, the city council shall hold a public hearing on this interim ordinance within sixty (60) days of its adoption. In this case, the hearing shall be held on January 28, 2025 unless the city council, by subsequently adopted resolution, provides for a different hearing date. Section 4. Adoption of Findings. The city council hereby adopts the "whereas" clauses, above, as the findings of fact justifying this action, as required by RCW 36.70A.390. Section 5. Severability. If any section, subsection, clause, sentence, or phrase of this ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. Packet Pg. 111 9.1.d Section 6. Effective Date. This ordinance being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR MIKE ROSEN ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: :• JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Pg. 112 9.1.d SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of , 2024, the City Council of the City of Edmonds, passed Ordinance No. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING INTERIM DEVELOPMENT STANDARDS FOR EMERGENCY SHELTERS, TRANSITIONAL HOUSING, EMERGENCY HOUSING, AND PERMANENT SUPPORTIVE HOUSING ("STEP" HOUSING). The full text of this Ordinance will be mailed upon request. DATED this day of 12024. 4840-7251-8158, v. 1 M CITY CLERK, SCOTT PASSEY Packet Pg. 113 9.1.e Draft ECDC Chapter 17.125, STEP Housing Page 1 of 2 Chapter 17.125 Emergency Shelter, Transitional Housing, Emergency Housing, and Permanent Supportive Housing (STEP Housing) Sections: 17.125.000 Purpose. 17.125.010 Applicability. 17.125.020 Definitions. 17.125.030 Regulations. 17.125.000 Purpose. The purpose of this chapter is to: A. Ensure compliance with the State of Washington's Growth Management Act and other laws B. Support the implementation of Edmonds's comprehensive plan. C. Encourage the development of emergency housing, emergency shelters, permanent supportive housing and transitional housing consistent with best practices for these development types to help address local housing needs. D. Direct STEP development to areas with existing amenities, like jobs, services and transit, to ensure occupants have access to opportunities. E. Protect the health, safety and welfare of the individuals served by these development types and the broader community. 17.125.010 Applicability. A. Where this chapter conflicts with any other, this chapter prevails. 17.125.020 Definitions. The following definitions apply to this chapter: A. "Emergency housing" means temporary indoor accommodations for individuals or families who are homeless or at imminent risk of becoming homeless that is intended to address the basic health, food, clothing and personal hygiene needs of individuals or families. Emergency housing may or may not require occupants to enter into a lease or an occupancy agreement. [RCW 36.70A.030(14)] Packet Pg. 114 9.1.e 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 M homeless persons or families and that has as its purpose facilitating the movement of a homeless persons and families into independent living, generally in less than two years. a [RCW 84.36.043(3)(c)] ui N r 17.125.030 Regulations. r s U A. Permitted zones for STEP Housing. U 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. 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. Packet Pg. 115 9.1.f 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 3. INTERIM ORDINANCE FOR STFP 1101'SING (FILE ANID2024-00061 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. Packet Pg. 116 9.1.g EDMONDS CITY COUNCIL MEETING ACTION MINUTES January 28, 2025 ELECTED OFFICIALS PRESENT Mike Rosen, Mayor Will Chen, Councilmember Neil Tibbott, Council President Michelle Dotsch, Councilmember Vivian Olson, Councilmember Susan Paine, Councilmember Jenna Nand, Councilmember ELECTED OFFICIALS ABSENT Chris Eck, Councilmember STAFF PRESENT Shane Hope, Interim Planning & Dev. Dir. Jeff Taraday, City Attorney Scott Passey, City Clerk Jessica Neill Hoyson, HR Director Kim Dunscombe, Acting Finance Director Phil Williams, Interim Public Works Director Thom Sullivan, Facilities Manager Packet Pg. 117 9.1.g 4. ADOPTION OF INTERIM ORDINANCE FOR STEP HOUSING Ms. Hope reviewed that the interim STEP ordinance is required by HB 1220, which requires changes to the city's development regulations to allow four specific housing types: 1) emergency shelter, 2) transitional housing; 3) emergency housing; and 4) permanent supportive housing. Because it's an interim action, the council must hold a public hearing within six months of Edmonds City Council Minutes January 28, 2025 Page 3 adoption; February 1 l has been proposed. After that, the council could do more community outreach and consider further refinement. The council must then hold a final public hearing before approving a permanent code. COUNCILMEMBER NAND MOVED TO ADOPT THE INTERIM ORDINANCE FOR STEP HOUSING. COUNCILMEMBER TIBBOTT MOVED TO AMEND THE PROPOSED ECDC 17.125.030 (REGULATIONS) BY ADDING A NEW SUBSECTION B(1) (EXPECTATIONS). THE NEW SUBSECTION WOULD READ: B. Expectations. 1. Nuisances and criminal beha%for are subject to enforcement to the full extent of the city's code and State law. Following Council discussion, MOTION CARRIED 4-2, WITH COUNCILMEMBER.S PAINE AND NAND VOTING AGAINST. COUNCILMEMBER TIBBOTT MOVED TO AMEND THE PROPOSED ECDC 17.125.030 (REGULATIONS) BY ADDING A NEW SUBSECTION B(2) (EXPECTATIONS). THE NEW SUBSECTION WOULD READ: 2. Evictions of residents for unsafe actions are not precluded by cite codes. Following discussion, MOTION CARRIED 4-2, WITH COUNCILMEMBERS PAINE AND NAND VOTING AGAINST. MOTION TO ADOPT THE INTERIM ORDINANCE FOR STEP HOUSING AS AMENDED CARRIED UNANIMOUSLY. Packet Pg. 118 10.1 City Council Agenda Item Meeting Date: 02/11/2025 Resolution Extending Temporary Emergency Sick Leave Policy Staff Lead: RaeAnn Duarte Department: Human Resources Preparer: RaeAnn Duarte Background/History The federal Families First Coronavirus Response Act was passed by Congress on March 18, 2020. It includes two different employee leave acts. The Emergency Family and Medical Leave Expansion Act provides paid and unpaid leave to employees who need to care for a minor child due to a COVID-19-related school or child care closure. The Emergency Paid Sick Leave Act provides paid leave to employees based on their own COVID-19 health related issues -- individuals who are caring for someone with COVID-19 issues, or who need to care for a minor child due to a COVID-19-related school or child care closure. The provisions of the laws had been implemented on or before April 2, 2020 and expired on December 31, 2020. At this time, congress has not made any changes to extend the provisions of this legislation. On March 11, 2024, the City Council approved a resolution, which extended the Emergency Sick Leave benefits provided under the Policy through February 28, 2025. Staff Recommendation Approve extension of the Emergency Sick Leave Policy through February 28, 2026. Narrative The need for emergency sick leave remains due to the ongoing impact of the Coronavirus and its emerging variants. Employees still need to quarantine as a public health measure when diagnosed with COVID-19, exposed to COVID-19 and experiencing symptoms, or when caring for family member that has been diagnosed. Providing appropriate sick leave to allow employees to quarantine is a public health measure that directly impacts mitigating the spread of COVID-19. Continuing this policy is in the public interest and in the best interest of the employees of the City and protecting continuity of services of the City. The continuation of Emergency Sick leave will not increase the 2025 or 2026 budget; therefore, this does not require a budget amendment. The resolution does not add additional leave to the Employee's Emergency Sick leave bank, but it allows the use of remaining balances for COVID-related absences. Attachments: Families First Coronavirus Response Act Policy 4839-2937-9512 (V.4) Resolution to Continue Emergency Sick Leave 2.3.2025 Packet Pg. 119 10.1.a City of Edmonds Families First Coronavirus Response Act Policy This policy provides temporary protected leave and paid leave benefits for certain absences arising from the COVID-19 outbreak in accordance with the federal Families First Coronavirus Response Act (FFCRA). The benefits available under this policy are available beginning on April 1, 2020. This policy will be administered in accordance with the FFCRA statute and forthcoming federal regulations and guidance. The FFCRA provides for two categories of leave. The first expands existing FMLA coverage to provide up to 12 weeks of partially -paid Public Health Emergency Leave ("PHEL/FMLA") for eligible employees forced to miss work due to closure of their child's school or the unavailability of the child's childcare provider for reasons related to COVID-19. The second provides up to 10 days of Emergency Sick Leave for various reasons related to the COVID-19 outbreak. Details regarding each category of leave are provided in the sections below. Public Health Emeraencv Leave (PHEL/FMLA Eligibility. Employees who have worked for the Employer for at least 30 calendar days are eligible for PHEL/FMLA leave. An employee need not meet the eligibility requirements for regular FMLA (12 months of employment and 1250 hours worked in the prior year) to be eligible for PHEL/FMLA. Leave Entitlement. An eligible employee may take up to 12 weeks of protected leave if the employee is unable to work, or telework (See Telework Assessment at the end of this policy), based on a need to care for the employee's child under age 18 because the child's school or place of care has been closed, or the child's child care provider is unavailable due to a public health emergency. A public health emergency means an emergency with respect to COVID-19 declared by a federal, state, or local authority. PHEL/FMLA may be taken intermittently only if approved by the Employer. PHEL/FMLA is part of an employee's regular FMLA leave entitlement. Accordingly, if an employee has already used FMLA for other purposes during the FMLA leave year, the amount of available PHEL/FMLA will be reduced by the amount of FMLA leave already taken. PHEL/FMLA leave will be available through December 31, 2020. Pay Entitlement. The first 10 days of PHEL/FMLA will be unpaid, although employees may elect to use accrued leave or Emergency Sick Leave during this period. For leave beyond the first 10 days, the law requires that Employers pay two-thirds of the employee's regular pay, up to a maximum of $200 per day or $10,000 in the aggregate. The City of Edmonds has chosen to pay this benefit at 100% and will not apply caps to the benefit. Pay is calculated based on the number of hours an employee would otherwise have been scheduled to work. For employees with variable hours, hours will be determined Pag Packet Pg. 120 10.1.a based on the average number of hours scheduled over the six-month period preceding the leave (including paid leave hours) or on a reasonable expectation at the time of hire as to the hours per day the employee would normally be scheduled to work. Notification: Verification. Employees who need to take PHEL/FMLA leave should notify Human Resources as soon as practicable after the need for leave arises. An employee seeking PHEL/FMLA leave must submit documentation establishing a school closure or unavailability of child care (which may include a post from a school district website, email from a school or provider, etc.). Other. This policy will be administered consistent with the City's existing Family and Medical Leave (FMLA) policy, except as modified by the FFCRA. Emergency Sick Leave Eligibility. All employees of the City are eligible for up to 80 hours of Emergency Sick Leave based on their work schedule. Emergency Sick Leave may be fully paid or partially paid, depending on the reason for taking leave (see below). Covered Reasons for Using Emergency Sick Leave: Employees are entitled to use Emergency Sick Leave when they are unable to work, or telework (See Telework Assessment at the end of this policy), for any of the following reasons: The employee is subject to a federal, state, or local quarantine or isolation order related to COVID-19. (Please note: the Department of Labor has updated the advisement that a state or local "stay at home" or "shelter in place" order does qualify under this reason. For the purposes of Emergency Sick Leave, a quarantine or isolation order includes quarantine, isolation, containment, shelter - in -place, or stay-at-home orders issued by any Federal, State, or local government authority that cause the Employee to be unable to work even though his or her Employer has work that the Employee could perform but for the order. 2. The employee has been advised by a health care provider to self -quarantine due to concerns related to COVID-19. 3. The employee is experiencing symptoms of COVID-19 and is seeking a medical diagnosis. 4. To care for an individual who is self -isolating for one of the reasons described in (1) or (2) above. Per DOL regulations "individual" means an employee's immediate family member, a person who regularly resides in the employee's home, or a similar person with whom the employee has a relationship that creates an expectation that the employee would care for the person if he or she were quarantined or self -quarantined. For this purpose, "individual" does not include persons with whom the employee has no personal relationship. 5. To care for the employee's child under age 18 due to closure of the child's school or unavailability of the child's childcare provider due to COVID-19 precautions. A "child" is defined the same as under the FMLA; i.e., a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco Pag Packet Pg. 121 10.1.a parentis who is either under 18 years of age or is 18 years of age or older and "incapable of self -care because of a mental or physical disability" at the time leave is to commence. 6. The employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services in consultation with the Secretary of the Treasury and the Secretary of Labor. Paid Leave Entitlement. Full-time employees are entitled to up to 80 hours of Emergency Sick Leave. Part-time employees are entitled to the Emergency Sick Leave equal to number of hours they typically work over a two -week period. For employees with variable hours, hours will be determined based on the average number of hours scheduled over the six-month period preceding the leave (including paid leave hours) or on a reasonable expectation at the time of hire as to the hours per day the employee would normally be scheduled to work. Any Emergency Sick Leave available under this policy is in addition to accrued leave to which an employee was already entitled under existing City policies or labor agreements. Pay Entitlement and Caps on Benefit: The law states that where leave is taken for reasons (4), (5), and (6) listed above, the benefit may be limited to no less than two- thirds the employee's regular rate of pay and where Emergency Sick Leave is taken for reasons (1), (2), or (3) above (which cover leave due to the employee's own health or quarantine), the paid sick leave benefit is equal to the employee's regular rate of pay. The City has chosen to provide this benefit at 100% of the employee's regular rate of pay for all reasons covered by this law. Accordingly, the City will not be applying the daily and aggregate caps to this benefit. Use of Paid Sick Leave; Sequencing with Other Leave; Intermittent Use. Employees may access Emergency Sick Leave for a covered reason before exhausting other accrued leaves. If an absence is covered by this Emergency Sick Leave policy and the PHEL/FMLA policy above, the employee may elect to use Emergency Sick Leave during the first 10 days of PHEL/FMLA in order to remain in paid status. If an employee is using Emergency Sick Leave intermittently due to a closure of a child's school or unavailability of the childcare provider, the employee may take leave intermittently only with the City's approval. An employee may also use Emergency Sick Leave intermittently with Employer approval if unable to telework his/her normal schedule of hours due to a qualifying reason (for example, if an employee can telework in the morning, but needs to care for a child in the afternoon due to a school closure). Per Department of Labor guidance, where an employee is not teleworking, intermittent use of Emergency Sick Leave is not permitted when leave is taken for reasons (1), (2), (3), (4), or (6) above. In such cases, Emergency Sick Leave must be taken in full -day increments and once leave is initiated for one of these reasons, the employee must continue to use Emergency Sick Leave until either (i) the full amount of Emergency Sick Leave has been used; or (ii) the employee no longer has a qualifying reason for taking Emergency Sick Leave. The Department of Labor has explained that this requirement is imposed because if an employee is actually or possibly sick with COVID-19, or is caring for someone who is sick or possibly sick with COVID-19, the intent of the law is to provide paid leave to prevent the spread of the virus. Pag Packet Pg. 122 10.1.a Carryover; Termination of Benefit. The Emergency Sick Leave Benefit expires on December 31, 2020; any unused Emergency Sick Leave will not be carried over to the next calendar year or merged into other leave banks. Additionally, the entitlement to Emergency Sick Leave ceases beginning with the employee's next scheduled work shift immediately following the termination of the need for paid sick leave. However, to the extent an employee subsequently needed additional time off for another covered reason prior to December 31, 2020, the employee could use any remaining Emergency Sick Leave available. Notification. An employee who needs to take Emergency Sick Leave should notify Human Resources as soon as practicable. After the first workday (or portion thereof) that an employee takes Emergency Sick Leave, the employee must follow departmental notice requirements required for continued use of regular sick leave. Verification. An employee requesting Emergency Sick Leave must: specify the qualifying reason for requesting leave; state that the employee is unable to work or telework, for that specified reason; and provide the date(s) for which leave is requested. The Department of Labor also requires that the City obtain documentation supporting the leave request. Documentation may include, for example, a copy of the federal, state or local quarantine or isolation order related to COVID-19; written documentation from a health care provider advising the individual to self -quarantine due to COVID-19; or documentation from the employee's child's school or childcare provider of closure (such as website posting or email). Documentation for both Public Health Emergency Leave and Emergency Paid Sick Leave. DOL regulations state that an employee seeking PHEL/FMLA or EPSL leave must provide the employer with documentation containing: (i) the employee's name; (ii) date(s) for which leave is requested; (iii) qualifying reason for the leave; and (iv) an oral or written statement that the employee is unable to work due to the qualifying reason. Depending on the type of leave being requested, DOL regulations require that an employee provide the following additional information to substantiate the leave request: o Where ESPL is requested due to a quarantine or isolation order, the name of the government entity issuing the order; o Where EPSL is requested due to the recommendation of a health care provider to self -quarantine, the name of the health care provider making the recommendation; or o For PHEL/FMLA leave or where EPSL is used to care for a child due to a school closure or the unavailability of a childcare provider, the employee must also provide: • name of the son or daughter being cared for; • name of the school, place of care or childcare provider that has closed or become unavailable; and • a representation that no other suitable person will be caring for the child during the period for which the employee is taking leave. If the child needing care is older than 14 and the care is during daylight hours, a Pag Packet Pg. 123 10.1.a statement that "special circumstances" exist requiring the employee to care for the child is required. Telework Assessment for both Public Health Emergency Leave and Emergency Paid Sick Leave. According to DOL regulations, an employee is able to telework if: "(a) his or her Employer has work for the Employee; (b) the Employer permits the Employee to work from the Employee's location; and (c) there are no extenuating circumstances (such as serious COVID-19 symptoms) that prevent the Employee from performing that work. Extenuating circumstances include the need to care for a child where the child's school or place of daycare is closed and the child being at home precludes the employee from effectively preforming work remotely. In such situations the ability of the employee to work intermittently will be explored prior to any approval of a block of time off. Telework may be performed during normal hours or at other times agreed by the Employer and Employee." Pag Packet Pg. 124 10.1.b RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, TO CONTINUE THE EMERGENCY SICK LEAVE BENEFITS OF THE CITY'S FAMILIES FIRST CORONAVIRUS RESPONSE ACT POLICY THROUGH FEBRUARY 28, 2026. WHEREAS, the City enacted its Families First Coronavirus Response Act Policy (hereinafter "Policy") on April 2, 2020; and WHEREAS, the federal Families First Coronavirus Response Act, upon which the Policy is based, expired by its terms on December 31, 2020; and WHEREAS, on January 5, 2021, the City Council approved Resolution 1466, which extended the Emergency Sick Leave benefits provided under the Policy through June 30, 2021; and WHEREAS, on August 3, 2021, the City Council approved Resolution 1478, which extended the Emergency Sick Leave benefits provided under the Policy through March 31, 2022; and WHEREAS, on April 19, 2022, the City Council approved Resolution 1489, which extended the Emergency Sick Leave benefits provided under the Policy through February 28, 2023; and WHEREAS, on March 7, 2023, the City Council approved Resolution 1517, which extended the Emergency Sick Leave benefits provided under the Policy through February 29, 2024; and WHEREAS, on March 11, 2024, the City Council approved Resolution 1540, which extended the Emergency Sick Leave benefits provided under the Policy through February 28, 2025; and WHEREAS, due to the continuing COVID-19 pandemic, and the need to continue to have employees quarantine as a public health measure, the City Council has determined that it is in the public interest to continue to provide City employees with the Emergency Sick Leave benefits provided by the Policy for an additional twelve months, from March 1, 2025 and continuing through Februrary 28, 2026, unless the federal government enacts new legislation providing for such benefits before that date; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The Emergency Sick Leave provisions of the City's Families First Coronavirus Response Act Policy, enacted on April 2, 2020, will continue in effect through February 28, 2026, unless the federal government enacts new legislation providing for such benefits before that date. The remainder of the Policy expired by its terms on December 31, 2020. Section 2. The references to "December 31, 2020" in the "Carryover; Termination of Benefit" section of the Emergency Sick Leave provisions of the Policy, which were previously extended to June 30, 2021, again to March 31, 2022, again to February 28, 2023, again to February 29, 2024, and again to February 28, 2025, are hereby revised to read "February 28, 2026." In the event the federal Packet Pg. 125 10.1.b government enacts new legislation providing for emergency sick leave benefits such as those provided for in the Policy, the remainder of the Policy will terminate as of the effective date of the federal legislation. If no such new legislation is enacted on or before Feburary 28, 2026, the Emergency Sick Leave provisions of the Policy shall expire on that date. RESOLVED this day of 2025. CITY OF EDMONDS MAYOR, MIKE ROSEN ATTEST: CITY CLERK, SCOTT PASSEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. Packet Pg. 126 10.2 City Council Agenda Item Meeting Date: 02/11/2025 Prosecuting Attorney Contract Amendment Staff Lead: Jessica Neill Hoyson Department: Human Resources Preparer: Jessica Neill Hoyson Background/History On 12/03/24, City Council approved the selection of the Walls Law Firm to continue to provide prosecutorial services for the City. City council requested specific provisions in the contract to address the current backlog, any future backlog, contract performance oversight and recourse for failure to meet the terms of the contract. Sharon Cates and Angela Tinker have worked with Mr. Walls to finalize the contract amendment. On 1/21/25 the contract amendment was presented to committee. The committee requested additional language to address the following: Increase the liquidated damages limit and address compensation should the firm lose the additional attorney during the term of the contract. Mr. Walls and the City have met and discussed the contract terms and believe that the contract being presented will address the needs of both the City and the Walls Law Firm. Staff Recommendation Approve the amendment for prosecutor services with the Walls Law Firm. Narrative Please see attached contract amendment. The underlying contract is attached as well for reference. Attachments: Walls Law Firm Prosecuting Attorney Legal Services Agreement (final) 6.14.2023 SIGNED Amendment No. 1 - Walls Law Firm PSA 1.31.20252 Packet Pg. 127 DocuSign Envelope ID: 9E7B598E-89FA-4807-A87F-89D1E5025D38 10.2.a Z O r- a t� w c Of EDL?041. ANC. 1890 No. (City Clerk Use Only) L c CONTRACT ROUTING FORM L) 4) F L O Human Resources Name of ConsultantlContractor: I The Walls Law Firm CONTRACT TITLE: Contract for Prosecuting Services Type of Contract: (GR) Grants (S) Purchase of Services Z w 1'- Bid/RFP Number: Z El C Routed by: Emily Wagener Date: 06/23/2023 0 L IL (1) Intergovernmental Agreement (L) Lease Agreement (W) Public Works n (0) Other 0 Effective Date: 07/01 /2023 Has the original City contract boilerplate language been modified? F If yes, specify which sections have been modified: pDescription V of Services: Total Amount of Contract: Completion Date: 06/30/2026 OYes O No Budget # Amount: N J Budget # Amount: w c J Budget # Q Amount: V Q Z Are there sufficient funds in the current budget to cover this contract? Q Yes O No Z Remarks: Authorization Level: � Council w ❑ 1. Project Manager Q ❑ 2. Risk Management/Budget Z �✓ 3. City Attorney ❑ 4. Consultant/Contractor y ❑ 5. Other �✓ 6. City Council Approval Date (if applicable) ❑✓ 7. Mayor ❑✓ 8. City Clerk 6/20/2023 Packet Pg. 128 DocuSign Envelope ID: 9E7B598E-89FA-4807-A87F-89D1E5025D38 10.2.a PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into between the City of Edmonds, a Washington municipal corporation (hereinafter referred to as the "City"), and the Walls Law Firm (hereinafter referred to as the "Consultant"). WHEREAS, the City has established its municipal court under the provisions of Chapter 3.50 RCW and Edmonds City Code 2.15; and WHEREAS, the City wishes to contract with a skilled consultant with attorneys familiar with the prosecution of criminal and infraction matters involving allegations of violation of municipal ordinances; and WHEREAS, the Consultant and its attorneys are licensed to practice law in the State of Washington and have experience as prosecutors within the State of Washington; NOW THEREFORE, in consideration of the mutual promises and benefits to be derived, this Agreement is entered into on a date specified hereafter between the City and the Consultant, subject to the terms and conditions set forth below: 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 Scope of Services that is 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, and shall consist of the following: 2.1. Compensation. The Consultant shall be compensated in accordance with the Fee Schedule that is marked as Exhibit B, attached hereto and incorporated herein by this reference. 2.2 Fees Review. The schedule of fees provided for in paragraph 2.1 shall apply for the contract period reflected in Article 4. 2.3 Costs. The City shall be the sole obligor and shall pay all witness fees, expert witness fees (including but not limited to Speed Measuring Device Experts), interpreters' fees, and transcript and document fees determined to be necessary by the Consultant in the preparation and disposition of its cases. The City shall approve all other anticipated fees before such expense is incurred. The City will not unreasonably delay in granting approval of such expenses. The City further agrees to hold the Consultant harmless from such expenses and costs as set forth hereinabove. The Consultant intends to use an electronic case management system, the costs for which shall be negotiated by the parties. 2.4 Assistant Prosecutors. The City contracts with the Consultant for a monthly fee for prosecution services. Should the Consultant be absent, it shall be the responsibility of the Consultant to provide substitute coverage with a properly licensed State of Washington attorney, who has been previously approved by the City through its Packet Pg. 129 DocuSign Envelope ID: 9E7B598E-89FA-4807-A87F-89D1E5025D38 10.2.a Police Chief. In the event of a dispute regarding approval of any individual, the Edmonds City Council shall be final arbiter. All individuals providing services under this Agreement (including substitute attorneys) must wear City -issued identification when in the Public Safety Building. 2.5 Conflict Prosecutors. If a "Conflict Prosecutor" is required, such "Conflict Prosecutor" shall be approved by the City through its Police Chief. In the event of a dispute regarding approval of any individual, the Edmonds City Council shall be final arbiter. The Consultant is responsible for any costs associated with the "Conflict Prosecutor." 3. Ownership and use of documents. All City files and other documents maintained by theConsultant shall be the files of the City and accessible by the City through its City Attomeyor other duly authorized representative during normal business hours, subject to the Washington State Bar Association Rules of Ethics. At the request of the City, any and all files maintained by the Consultant shall be tendered to the City, subject to the terms and conditions of this Agreement and the Washington State Bar Association Rules of Ethics. All equipment and facilities furnished by the City shall remain the sole property of the City.Any equipment, facilities and materials provided by the Consultant shall remain the sole property of the Consultant. 4. Term of agreement. The term of this Agreement shall be from July 1, 2023 through June 30, 2026, unless extended or terminated according to its terms. Consultant shall perform the work authorized by this Agreement promptly in accordance with the receipt of the required governmental approvals. 5. Hold harmless agreement. The Consultant shall indemnify and hold the City and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the Consultant's negligence or breach of any of its obligations under this Agreement; provided that nothing herein shall require the Consultant to indemnify the City against and hold harmless the City from claims,demands or suits based solely upon the conduct of the City, its agents, officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence o£ (a) the Consultant's agents or employees; and (b) the City, its agents, officers and employees, this indemnity provision with respect to: (1) claims or suits based upon such negligence; and/or (2)the costs to the City of defending such claims and suits shall be valid and enforceable only to the extent of the Consultant's negligence or the negligence of the Consultant's agents or employees. 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. 6. General and professional liability insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. Packet Pg. 130 DocuSign Envelope ID: 9E7B598E-89FA-4807-A87F-89D1E5025D38 10.2.a The Consultant shall obtain insurance of the types described below from insurers licensed to do businessin the State of Washington, and which have a current A.M. Best rating of not less than A: VII: A. Worker's Compensation and employer's liability insurance as required by the Industrial Insurance laws of the State of Washington. B. Commercial General Liability and property damage insurance shall be written on Insurance Services Office ("ISO") occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury.The City shall be named as an insured under the Consultant's Commercial GeneralLiability insurance policy with respect to the work performed for the City. Commercial General Liability insurance shall be written with limits no less than one million dollars($1,000,000) per occurrence and two million dollars ($2,000,000) general aggregate. C. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on ISO occurrence form CA 00 01 or a substitute formproviding equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Automobile Liability coverage shall have aminimum combined single limit for bodily injury and property damage of one million dollars ($1,000,000) per accident. D. Professional Liability insurance appropriate to the Consultant's profession. Professional Liability insurance shall be written with limits no less than one million dollars ($1,000,000)per claim and one million dollars ($1,000,000) policy aggregate limit. The Consultant's Commercial General Liability and Automobile Liability insurance policies are tocontain, or be endorsed to contain, that they shall be primary insurance as respect to the City. Anyinsurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Consultant's insurance and shall not contribute with it. Excepting the Worker's Compensation Insurance and Professional Liability Insurance secured by the Consultant, the City will be named on all policies as an additional insured. The Consultant shall furnish the City with verification of insurance in the form of original certificates and copies of any amendatory endorsements required by the Agreement evidencing the insurance requirements before commencement of the work. The City reserves the right to require complete, certified copies of all required insurance policies at anytime. The Consultant shall provide the City with written notice of any policy cancellation within two (2) business days of their receipt of such notice. The Consultant's professional liability to the City shall be limited to the amount payable under this Agreement or one million dollars ($1,000,000), whichever is the greater, unless modified elsewhere in this Agreement. In no case shall the Consultant's professional liability to third parties be limited in any way. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five (5) business days' notice to the Consultant to correct the breach, immediate terminate this Agreement 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 City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 7. Discrimination prohibited. Consultant shall not discriminate against any employee or applicant for employment because of race, creed, color, religion, national origin, age, sex, marital status, sexual orientation, honorably discharged veteran or military status, liability for service in the armed forces of the United States, disability, or the presence of any sensory, mental, or physical disability, the use of a trained dog guide or service animal by a person with a disability, or any other protected class status, unless based upon a bona fide occupational qualification. Packet Pg. 131 DocuSign Envelope ID: 9E7B598E-89FA-4807-A87F-89D1E5025D38 10.2.a 8. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. 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 quasi-judicial review of the City without written notification to the City and the City's prior written consent. 10. Termination. The attorney/client relationship is personal and involves the ability of the parties to communicate and maintain credibility. This is an agreement for legal services and given the requirements of the Agreement, the City or Consultant may terminate the Agreement for any reason upon one hundred twenty (120) days' notice. In the event of termination, work in progress will be completed by Consultant if authorized by the City under terms acceptable to both parties. If completion of work in progress is not authorized or acceptable terms cannot be worked out, Consultant will submit all unfinished documents, reports, or other material to City and Consultant will be entitled to receive payment for any and all satisfactory work completed prior to the effective date of termination. 11. Integration. The entire agreement between the parties shall consist of this document and the Scope of Services, attached hereto as Exhibit A, and the Fee Schedule attached hereto as Exhibit B. 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 or Exhibit B, this Agreement shall control. 12. Changes/Additional Work/Extension. The City may engage Consultant to perform servicesin addition to those listed in this Agreement, and Consultant will be entitled to additionalcompensation for authorized additional services or materials. The City shall not be liable for additional compensation until and unless any and all additional workand 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 Services, the Cityunderstands that a revision to the Scope of Services 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 Services in Exhibit A unless or untilan amendment to this Agreement is approved in writing by both parties. This Agreement may be extended for one or more years on the same terms as set forth herein upon written amendment signed by the parties. 13. Standard of Care. Consultant represents that Consultant has the necessary knowledge, skill and experience to perform services required by this Agreement. Consultant and any persons employed by Consultant shall use their best efforts to perform the work in a professional manner consistent with sound legal 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 Services. 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. Packet Pg. 132 DocuSign Envelope ID: 9E7B598E-89FA-4807-A87F-89D1E5025D38 10.2.a 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/she/they/it 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/she/they/it 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 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 that may be or become due on account of this Agreement. 18. Notices. Notices to the City shall be sent to the following address: City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 Notices to the Consultant shall be sent to the following address: The Walls Law Firm 16300 Christensen Road, Suite 360 Tukwila, WA 98188 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 26 day of June 2023. CITY OF EDMONDS THE WALLS LAW FIRM -DocuSigned by: DocuSigned by: Michael Nelson, Mayor Renee G. Walls, Managing Partner ATTEST/AUTHENTICATED: DocuSigned by: FPS Scott Passey, City Clerk Packet Pg. 133 DocuSign Envelope ID: 9E7B598E-89FA-4807-A87F-89D1 E5025D38 10.2.a APPROVED AS TO FORM: /DocuSigned by: Su,a. 6vu (Ah—S Office of the City Attorney STATE OF WASHINGTON ) )ss COUNTY OF ) On this day of 2023, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Renee G. Walls, Managing Partner of The Walls Law Firm, to me known to be the person whoexecuted 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/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: Packet Pg. 134 DocuSign Envelope ID: 9E7B598E-89FA-4807-A87F-89D1E5025D38 10.2.a The Consultant will provide the following services, which are understood to include all services relating to general criminal prosecution services, appellate work, infraction cases with an attorney or involving accidents, Extreme Risk Protection Orders, animal control matters, other civil matters, and civil forfeiture cases: Review police incident reports for determination of charging; 2. Maintain all current cases in an appropriate filing system; Review and remain familiar with filed criminal misdemeanor and gross misdemeanor cases; 4. Interview witnesses as necessary in preparation of prosecution cases; 5. Respond to discovery requests, make sentence recommendations and prepare legal memoranda, when necessary; 6. Prepare cases for trial, including the issuance of witness subpoenas (for service by the Police Department, when applicable), conduct evidence retrieval (with the assistance of the Police Department and other City agencies), and prepare jury instructions, as necessary; Represent the City at all arraignments, pretrial hearings, motion hearings, review hearings, in -custody hearings and trials on scheduled court days; Prosecute contested code and traffic infraction violations which are scheduled on the regular criminal calendar; Represent the City in the prosecution of drug, felony, and firearm forfeitures that are filed by the City in the Edmonds Municipal Court. Notice of Intended Forfeitures and Seizure Hearings shall be set in the Court of jurisdiction within 90 days of receipt of Notice of Demand for Hearing; 10. Represent the City in all stages of appeals. 11. Be available to the Police Department for questions at all reasonable times, by providing appropriate telephone numbers, cell phone numbers, e-mail addresses, and voice mail access. Calls shall be returned as soon as practicable. At a time and date to be mutually agreed upon by the parties, the Consultant shall conduct yearly training with the Police Department. The Consultant maintains a business office in the City of Edmonds and Police Officers may meet with the Consultant during normal business hours, when the Consultant is available; 12. Consult with the City Attorney, as needed, regarding Edmonds City Code amendments; Packet Pg. 135 DocuSign Envelope ID: 9E7B598E-89FA-4807-A87F-89D1E5025D38 10.2.a 13. Community Court. The Court may institute a Community Court after consultation with the Consultant and others. The Consultant shall represent the City in Community Court hearings, which are anticipated to be located within the Edmonds city limits; 14. Defend the Edmonds Police Department in impound/tow hearings; 15. Defend the Edmonds Police Department in dangerous dog appeals and potentially dangerous dog appeals; 16. Advise the Edmonds Police Department on interpretation and implementation of new criminal laws and new laws relating to criminal laws. Services provided under this Agreement play an important part in fostering public confidence in the criminal justice system and are an important and essential part of law enforcement. All services provided under this Agreement shall be in accord with the Rules of Professional Responsibility, local court rules and the normal standard of care among prosecutors in Western Washington. Packet Pg. 136 DocuSign Envelope ID: 9E7B598E-89FA-4807-A87F-89D1E5025D38 10.2.a Exhibit B Fee Schedule 1. Base Fee. The Consultant shall receive a retainer in the amount of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) per month for performance of any and all services required to provide municipal prosecution services for the city of Edmonds, including but not limited to those services set forth in Exhibit A Scope of Services, with the exception of those specifically listed in Section 2, below. This rate will be adjusted on a yearly basis. The Consultant shall provide the City with an adjusted monthly retainer amount in writing on July 1 of each year. The yearly adjustment shall be based on a three-year rolling average of One Hundred Percent (100%) Seattle -Tacoma -Bellevue CPI-U, averaging the current year with the previous two years to determine the adjustment percentage. 2. Additional Fees. The Consultant shall bill for the following services at the rates set forth below. If services are not expressly included in this section, they are understood to be included in the Base Fee. a. Non -criminal services, including but not limited to Extreme Risk Protection Orders, animal control matters, or other civil matters — $250.00 per hour b. Civil forfeiture cases — flat fee of $300.00 per case unless removed from a hearing before the chief law enforcement officer, then billed at $150.00 per hour thereafter In the event that the Court increases the number of court days over the amount currently in effect at the execution of this Agreement, including the addition of a Community Court, or if a significant change in filing processes is implemented, the parties will negotiate appropriate fees for additional services necessitated by such changes. Packet Pg. 137 10.2.b AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WHEREAS, the City of Edmonds, a Washington municipal corporation (hereinafter referred to as the "City"), and the Walls Law Firm (hereinafter referred to as the "Consultant"), entered into an underlying agreement for the Consultant's services as the Prosecuting Attorney for the City of Edmonds Municipal Court, dated June 26, 2023 (hereinafter referred to as the "Underlying Agreement"); and WHEREAS, Section 12 of the Underlying Agreement ("Changes/Additional Work/Extension") 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 add certain provisions to the Underlying Agreement, extend the term thereof, and increase the fees due to the Consultant in payment for the services to be provided; 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. Pam. The Fee Schedule set forth in Exhibit B to the Underlying Agreement, as referenced in Section 2.1 ("Compensation"), is hereby replaced with Exhibit B attached hereto. B. Extension of Term. Section 4 of the Underlying Agreement is hereby revised to read as follows: 4. Term of agreement. The term of this Agreement shall be from July 1, 2023 through June 30, 2027, unless extended or terminated according to its terms. The Consultant shall perform the work authorized by this Agreement promptly in accordance with the receipt of the required governmental approvals. C. Case Referrals. A new Section 19 shall be added to read as follows: 19. Case referrals. Case referrals are cases referred from police to the Consultant for a filing decision. The Consultant shall undertake the following measures to clear the backlog of approximately one hundred ten (110) case referrals currently in the Sector case filing system queue within six (6) calendar months of the execution of this Amendment No. 1, and to prevent any further backlog of case referrals from forming: (a) Review a minimum of twenty-five (25) of the backlog case referrals per month; (b) Of the reviewed cases, file all such cases that the Consultant deems ready to file, and either process the remaining cases as declines or place them back in the Packet Pg. 138 10.2.b queue for additional work -up or other action needed before a final filing decision may be made; and (c) For all new case referrals forwarded to the Consultant after the execution of this Amendment No. 1, review and assess each case as ready for filing, appropriate for a decline, or necessitating further work -up or other action within two (2) weeks of receipt. All cases deemed ready for filing shall be filed within that two -week period. Backlog shall be considered cleared after the Consultant takes the following action on each and every backlog case referral: the case is either filed, declined, or other action needed or taken is identified and documented as required in Section 20, below. In the event the Consultant either fails to clear the entire 110-case case referral backlog within six (6) calendar months of the execution of this Amendment No. 1 or thereafter allows a new backlog of more than thirty (30) case referrals to accrue for a period longer than 30 days, the City may declare the Consultant to be in breach of this Agreement and provide the Consultant with a written Notice of Breach. Within ten (10) business days of receipt of the Notice of Breach, the Consultant shall provide the City with a written plan to cure the breach within a reasonable period of time, not to exceed sixty (60) calendar days. If the Consultant fails to cure the default within that period, the City may pursue any rights and remedies available to it in law or in equity, including but not limited to assessing liquidated damages. The City and the Consultant recognize the delays, expense, and unique difficulties involved in proving in a legal proceeding the actual loss suffered by the City as a result of the Consultant's breach resulting from the failure to clear case referral backlogs in a timely manner, which may include damages that are difficult if not impossible to calculate. Accordingly, the City may elect to assess liquidated damages as detailed herein. If the City elects to assess liquidated damages, then such assessment shall constitute the City's exclusive remedy for the violation for which the liquidated damages were assessed for a period of sixty (60) calendar days. Thereafter, if the breach is ongoing, it is considered to be a different breach of a different quality and magnitude of violation, and to address it, the City shall have every right or remedy available to it under law or equity, including but not limited to recovery of consequential damages that may be incurred. Assessment of liquidated damages shall not constitute a waiver by the City of any other right or remedy it may have under this Agreement or applicable law except as set forth in this Agreement, including without limitation its right to recover from Consultant such additional damages, losses, costs and expenses as may have been suffered or incurred by the City by reason of or arising out of such breach of this Agreement. In the event the City elects to assess liquidated damages, said damages shall be three thousand seven hundred fifty dollars ($3,750.00) per calendar month that a case referral backlog as described above remains during the referenced sixty (60) Packet Pg. 139 10.2.b day period. If liquidated damages are used, then those damages shall be the exclusive remedy for the breach during such time period. The Consultant and the City agree that such sum is not a penalty but a reasonable estimate of the damages the City would suffer in the event of said breach during such time period. D. Reporting. A new Section 20 shall be added to read as follows: 20. Reporting. To provide the City with regular updates on the Consultant's progress in reducing the backlog of case referrals and on the status of current caseloads, the Consultant shall submit an Excel spreadsheet of the current Sector queue of case referrals to the Human Resources Department on a monthly basis to consist of at least the following information: Case by police incident number, date of referral, current status (e.g., filed, declined, further action needed) and the date the latest action was taken. The spreadsheet shall further clearly mark the approximately one hundred ten (110) backlog case referrals to identify them as the backlog. The Consultant shall submit the initial status report no later than the last day of the first full month following the execution of this Amendment No. 1. Status reports shall be due until the backlog of cases has been cleared, and thereafter upon request by the Human Resources Department. The Consultant shall also be available to meet in person or by videoconference, as requested by the City, with City officials and staff on no more than a quarterly basis for the purpose of providing a more detailed performance report. 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. DATED this day of CITY OF EDMONDS Mike Rosen, Mayor ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney 2025. THE WALLS LAW FIRM Aaron Walls, Partner Packet Pg. 140 10.2.b Exhibit B Fee Schedule Base Fee. The Consultant shall receive a retainer in the amount of TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) per month, which amount shall be increased to THIRTY-FIVE THOUSAND TWO HUNDRED FIFTY-SIX DOLLARS AND FIVE CENTS ($35,256.05) per month beginning in the calendar month in which the Consultant hires a new attorney to assist with the City's prosecuting attorney services and continuing in every calendar month that the additional attorney is retained and assisting with City of Edmonds work (the "Base Fee"). In the event the additional attorney is separated from employment and an alternative attorney is not employed the same calendar month, the Consultant shall report this circumstance in writing to the City's Human Resources Department within five (5) business days of the attorney's separation. The Base Fee shall be full compensation for the performance of all general criminal prosecution services for the City of Edmonds Municipal Court as set forth in Exhibit A Scope of Services, including appellate work and infraction cases with an attorney or involving accidents, only excepting those services specifically listed in Section 2, below. The Base Fee will be adjusted on a yearly basis. The Consultant shall provide the City with an adjusted monthly retainer amount in writing in July of each year. The yearly adjustment shall be based on a three-year rolling average of One Hundred Percent (100%) of the June -to -June Seattle/Tacoma/Bellevue CPI- U, averaging the current year with the previous two years to determine the adjustment percentage. 2. Additional Fees. The Consultant shall bill for the following services at the rates set forth below. If services are not expressly included in this section, they are understood to be included in the Base Fee. a. Non -criminal services, including but not limited to Extreme Risk Protection Orders, animal control matters, or other civil matters — $250.00 per hour b. Civil forfeiture cases — flat fee of $300.00 per case unless removed from a hearing before the chief law enforcement officer, then billed at $150.00 per hour thereafter In the event that the Court increases the number of court days over the amount currently in effect at the execution of this Agreement, including the addition of a non -attorney infraction calendar; or if a significant change in filing processes is implemented; or if the public defender caseloads are further adjusted, the parties will negotiate appropriate fees for additional services necessitated by such changes. Packet Pg. 141 10.3 City Council Agenda Item Meeting Date: 02/11/2025 Elected Official Training Staff Lead: City Attorney's Office Department: City Council Preparer: Beckie Peterson Background/History N/A Recommendation Review applicable laws and PDC Guidelines. Narrative Jeff Taraday, City Attorney, will provide training for elected officials' participation in elections activity and ballot measures. Attachments: PDC Overview - City of Edmonds awcpdcguidelines RCW 42.17A.555 Packet Pg. 142 //I c No public funds may be used to advocate for or against passage of measure ALLOWED E/i Speak at community groups to present factual information. G✓ Respond to questions and provide factual information. Use agency funds to distribute E%/J objective information of facts through normal agency communication channels. Engage in campaign activities FVJ on your own time and using your own resources. RESTRICTED Engage in campaign activities when acting on behalf of your official role. Use any public resources to campaign/advocate. This includes any agency equipment (phone, email), vehicles or facilities. Appear in uniform or city -paid apparel to support or oppose a ballot measure. Washington State Public Disclosure Commission guidelines at bit.ly 3E Packet Pa. 143 Strong Cities Great State Guidelines for elected and appointed officials' participation in elections activity Elected officials and city staff should understand Public Disclosure Commission (PDC) guidelines before participating in any elections activities, including taking a position on a ballot measure or endorsing acandidate for political office. Below are some common examples of activities city officials may and may not do. It is not intended to be comprehensive. A complete listing of the PDC Guidelines for Local Government Agencies in Election Campaigns can be found on their website pdc.wa.gov. If you have any questions, please call the PDC at (360) 753-1111 or consult your jurisdiction's legal counsel. General provisions Activities that are allowed: • City employees or elected officials may, on their own time during non -work hours (and not with the use of city property or equipment), participate in campaign -related activities. • Elected officials may make statements supporting or opposing an initiative or referendum in response to a specific media inquiry. All city officials may respond to requests for factual information as part of their normal job duty. • City officials may use their title for identification purposes in endorsements supporting or opposing a candidate or an initiative or referendum, but should not use public facilities or equipment for communications and should make clear that it is their personal view. • City employees or elected officials may place on their individual agency calendar basic information if they are scheduled to be out of the office to attend campaign events. • A city may provide a facility, if it is available, for a public forum, making arrangements for all sides to be represented. • A city may allow use of a public meeting space, if it is available as normal and regular conduct, to community groups for campaign activities. If a city normally charges for the use of these facilities, then the city must charge all users equally. • City employees may wear lapel buttons at work if the city has a policy permitting employees to wear political buttons. • Private employee vehicles displaying bumper stickers may be parked on public property. • City officials may encourage staff and members of the public to vote, as long as such encouragement routinely occurs for other elections. Activities that are notallowed: • City employees or elected officials may not use public facilities, supplies, or equipment, for any campaign purpose. This includes phones, copiers, mail facilities, computers, email, websites, social media, uniforms purchased with city funds, and paper products. City officials may not reimbursethe city for usage of these facilities. City officials may not use city vehicles to transport or displaypolitical material. • City officials may not promote or oppose a candidate or ballot measure during work hours. This includes gathering signatures, distributing materials, coordinating speakers/fundraising/ phone banks, etc. It does not include elected official statements on ballot measures in response to a specific media inquiry. • City officials may not maintain individual campaign -related events on agency - wide distributed calendars. • City employees may not oppose or support an issue or candidate before a civic group on city work time. It must be on personal time. • City officials may not post signs advocating for or against candidates or ballot measures on any city property. • City employees or elected officials may not pressure city employees to participate in campaign activities for a ballot measure or candidate, take a position, or coordinate informational activities with campaign work. w Association of Washington Cities 1 1076 Franklin St SE, Olympia, WA 98501 1 wacities.org 136 Packet Pg. 144 10.3. b Ballot measures Activities that are allowed: • Elected officials and city staff may speak at community forums and clubs during regular work hours to make an objective and fair presentation of the facts on a ballot measure if it is normal and regular conduct. City equipment (projector, laptop) may be used for the presentation. • Elected officials may attend an event any time during the day and give their opinion about a ballot measure, as long as they are not being compensated by the city or using any public equipment, facility or vehicle (with exceptions for specific inquiries). • City employees or elected officials may use their job title with the city in a letter to the editor (written on their own time using their own computer). They must clarify that they are expressing their own opinion, and not speaking for the city. • A city employee may respond to a political inquiry by providing routine factual information if that is part of their normal job duty. • Members of an elected council may vote to support or oppose an initiative or referendum. If your council plans to vote to take a position on an initiative or referendum, the notice of the meeting when the vote will be taken must include the title and number of the ballot proposition. Council members or the public must have an equal opportunity to express an opposing view. • Elected officials may make statements supporting or opposing an initiative or referendum in response to a specific media inquiry. All city officials may respond to requests forfactual information as part of their normal job duty. • A city may use its website, newsletter, or other publications to provide citizens with information about an issue that directly impacts the city, looking at all available information. If you routinely provide objective and fair facts on a ballot measure or controversial issue, you may present objective and fair presentation of facts on the ballot propositions. • If your website or newsletter publishes resolutions or reports on council activity, you may report on action taken on a resolution. • Distribution of all information must be to "normal and regular" recipients, using the publication's regular schedule. Repeated distribution of the same information may be considered campaign activity by the PDC. A city website may be used to inform citizens about anticipated ballot measure impacts, and allow readers to explore an issue through detailed links, if part of normal conduct and do not link to campaigns. Websites may be updated according to the city's normal procedures. City employees may provide in-house contingency planning (what if an initiative or referendum passes). This isn't a public activity. This includes researching the impact of a ballot proposition for the purpose of gathering facts. City employees may respond to requests for public records even if the records will be used in support or opposition of a measure, as long as the record isn't exempt from disclosure under state law. Activities that are notallowed: • City officials may not use public facilities, supplies or equipment, for any campaign purpose. This includes phones, copiers, mail facilities, computers, email, social media, websites, uniforms purchased with city funds, and paper products. City officials may not reimburse the city for usage of these facilities. City officials may not use city vehicles to transport or display political material. • City officials may not promote or oppose a candidate or ballot measure during work hours. This includes gathering signatures, distributing materials, coordinating speakers/fundraising/ phone banks, etc. It does not include elected official statements on ballot measures in response to a specific media inquiry. • City officials may not produce information that targets specific subgroups. This does not refer to mailing to groups that are on the city's regular distribution list. • City employees may not oppose or support an issue or candidate before a civic group on city work time. It must be on personal time. • City officials may not have a petition available for signature at city hall, or other city facility or vehicle. • City officials may not post signs advocating for or against candidates or ballot measures on any city property. • City employees or elected officials may not pressure city employees to participate in campaign activities for a ballot measure or candidate, take a position or coordinate informational activities with campaign work. Association of Washington Cities 1 1076 Franklin St SE, Olympia, WA 98501 1 wacities.org 136 Packet Pg. 145 10.3.c RCW 42.17A.555 Use of public office or agency facilities in campaigns —Prohibition —Exceptions. No elective official nor any employee of his or her office nor any person appointed to or employed by any public office or agency may use or authorize the use of any of the facilities of a public office or agency, directly or indirectly, for the purpose of assisting a campaign for election of any person to any office or for the promotion of or opposition to any ballot proposition. Facilities of a public office or agency include, but are not limited to, use of stationery, postage, machines, and equipment, use of employees of the office or agency during working hours, vehicles, office space, publications of the office or agency, and clientele lists of persons served by the office or agency. However, this does not apply to the following activities: (1) Action taken at an open public meeting by members of an elected legislative body or by an elected board, council, or commission of a special purpose district including, but not limited to, fire districts, public hospital districts, library districts, park districts, port districts, public utility districts, school districts, sewer districts, and water districts, to express a collective decision, or to actually vote upon a motion, proposal, resolution, order, or ordinance, or to support or oppose a ballot proposition so long as (a) any required notice of the meeting includes the title and number of the ballot proposition, and (b) members of the legislative body, members of the board, council, or commission of the special purpose district, or members of the public are afforded an approximately equal opportunity for the expression of an opposing view; (2) A statement by an elected official in support of or in opposition to any ballot proposition at an open press conference or in response to a specific inquiry; (3) Activities which are part of the normal and regular conduct of the office or agency. (4) This section does not apply to any person who is a state officer or state employee as defined in RCW 42.52.010. [2010 c 204 § 701; 2006 c 215 § 2; 1979 ex.s. c 265 § 2; 1975-'76 2nd ex.s. c 112 § 6; 1973 c 1 § 13 (Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.130.] Finding—Intent-2006 c 215: "(1) The legislature finds that the public benefits from an open and inclusive discussion of proposed ballot measures by local elected leaders, and that for twenty-five years these discussions have included the opportunity for elected boards, councils, and commissions of special purpose districts to vote in open public meetings in order to express their support of, or opposition to, ballot propositions affecting their jurisdictions. (2) The legislature intends to affirm and clarify the state's long-standing policy of promoting informed public discussion and understanding of ballot propositions by allowing elected boards, councils, and commissions of special purpose districts to adopt resolutions supporting or opposing ballot propositions." [2006 c 215 § 1.] Disposition of violations before January 1, 1995: "Any violations occurring prior to January 1, 1995, of any of the following laws shall be disposed of as if chapter 154, Laws of 1994 were not enacted and such laws continued in full force and effect: *RCW 42.17.130, chapter Certified on 9/1/2023 RCW 42.17A.555 Packet Pg. 146 10.3.c 42.18 RCW, chapter 42.21 RCW, and chapter 42.22 RCW." [1994 c 154 § 226. 1 *Reviser's note: RCW 42.17.130 was recodified as RCW 42.17A.555 pursuant to 2010 c 204 § 1102, effective January 1, 2012. Certified on 9/1/2023 RCW 42.17A.555 Packet Pg. 147