Federal Way City Council to rescind vote after mistake on agenda limits public comment

Special meeting held Sept. 28; first reading of permanent housing, emergency shelter bill to be held Oct. 5.

The City of Federal Way is holding a special meeting Tuesday, Sept. 28, to rescind a vote made at a previous meeting after residents notified the city there was insufficient notice for public comment on the agenda.

The Council Bill relates to the Engrossed Second Substitute House Bill 1220 on permanent supportive housing and emergency shelters through local planning and development regulations.

At the Sept. 21 Federal Way City Council meeting, discussion about the bill began around 11 p.m. due to other lengthy presentation items on the agenda.

City council faced the question: Should the City revise Federal Way Revised Code Title 19 to be consistent with the requirements of ESSHB 120 relating to permanent supportive housing, transitional housing and emergency housing and shelter?

“The City is better served by having standards in place than having no local regulations at all,” said Keith Niven, city planning manager, during the meeting. “Taking no action results in unlimited and unregulated supportive housing and emergency shelter.”

The original first reading of the council bill passed 6-1 on Tuesday; Councilmember Linda Kochmar was the lone vote “as a protest,” she said. “I don’t feel adequately informed. I don’t see where we have any people in our community here to testify.”

The mayor repeatedly said at the council meeting that no one signed up to testify.

After Councilmember Leandra Craft pointed out that four speakers remained on the Zoom call to offer public comment, the motion was withdrawn.

Hitting the five-hour mark of the meeting, some commenters agreed with Kochmar, saying the community did not have a fair chance to weigh in and speak on the issue.

“There are a lot of people who care about this,” said resident Jacquelyn Copley. “It’s astonishing that some of these things are voted on at this time of night when most people aren’t paying attention, they’re logging off.”

“The public has a right to comment and you have an obligation to provide that opportunity,” a resident emailed to the mayor after the meeting, urging for a vote recall.

Several people who were online to make a public comment were overlooked by a city staff member’s mistake, Mayor Jim Ferrell told the Mirror two days after the meeting. The public agenda for the meeting also did not list public comment for the council bill, he said.

“While the public comment for agenda bills is not required, as public comment was taken earlier in the meeting, I think it is appropriate to send this item back to first reading at the next full Council meeting on October 5th,” Ferrell wrote to the Federal Way City Council on Sept. 22.

The council bill outlines that permanent housing is housing with no limit on length of stay to support a person living with a complex and disabling behavioral health or physical health condition, he explained. Emergency shelter or housing is temporary indoor accommodations for families who are or are at risk of becoming homeless, with no leasing or occupancy agreements.

The City is working to develop a code to help meet the projected need, based off of the 2020 Seattle/King County Point in Time count. Though no specific count to Federal Way, Keith Niven said, there is a SW King County count.

The projected need in Federal Way is 482 dwelling units in the next 20 years, which is 207 emergency housing units and 275 permanent supportive housing units.

House Bill 1220 states cities must allow emergency housing and shelters in any city areas that are zoned to allow hotels or motels. Nivens map showed these emergency housing options would be in zones concentrated along Pacific Highway South and downtown Federal Way. Permanent supportive housing must be allowed in zones that allow residential units, he added, which includes most of the city.

The Federal Way City Council Special Meeting to rescind the vote is at 5 p.m. Tuesday, Sept. 28. There is no public comment option at the Sept. 28 special meeting.

The council bill will then be presented for first reading at the Federal Way City Council Regular Meeting at 6 p.m. Tuesday, Oct. 5. Public comment will be held.

For more information, to sign up for public comment or submit your public comment, visit cityoffederalway.com.