City Council

LAKEWOOD CITY COUNCIL STUDY SESSION AGENDA Monday, March 13, 2023 Following City Council Special Meeting City of Lakewood Council Chambers 6000 Main Street SW Lakewood, WA 98499 Residents can virtually attend City Council meetings by watching them live on the city’s YouTube channel: https://www.youtube.com/user/cityoflakewoodwa Those who do not have access to YouTube can call in to listen by telephone via Zoom: Dial +1(253) 215-8782 and enter meeting ID: 868 7263 2373 ________________________________________________________________ Page No. CALL TO ORDER ITEMS FOR DISCUSSION: (3) 1. Special Events Update. – (Memorandum) (64) 2. Review Ordinance related to the Use of Controlled Substances. – (Memorandum) (73) 3. Review Ordinance related to the Protection and Preservation of Public Spaces. – (Memorandum) (81) 4. 2024 Comprehensive Periodic Review Update on Housing. – (Memorandum) ITEMS TENTATIVELY SCHEDULED FOR THE MARCH 20, 2023 REGULAR CITY COUNCIL MEETING: 1. Proclamation recognizing Scott McKay for Making a Difference in the City. 2. Proclamation recognizing March 29, 2023 as National Vietnam War Veterans Day. 3. Authorizing the execution of an agreement for the military spouse employment study project. – (Motion – Consent Agenda) Persons requesting special accommodations or language interpreters should contact the City Clerk, 253-983-7705, as soon as possible in advance of the Council meeting so that an attempt to provide the special accommodations can be made. http://www.cityoflakewood.us Lakewood City Council Agenda -2- March 13, 2023 Page No. 4. Authorizing the execution of an agreement with Henderworks, Inc., in the amount of $90,000, for the Diversity, Equity and Inclusion Strategic Plan. – (Motion – Consent Agenda) 5. Authorizing the execution of an agreement with Stowe Development and Associates for tax increment financing plan for the Downtown Subarea. 6. Authorizing the execution of an intergovernmental agreement with the Town of Steilacoom for animal control services. – (Motion – Consent Agenda) 7. Authorizing the execution of an intergovernmental agreement with the City of DuPont for animal control services. – (Motion – Consent Agenda) 8. Approving the request to vacate 113th Street SW west of Kendrick Street SW. – (Ordinance – Regular Agenda) 9. Amending the Lakewood Municipal Code Chapter 9.06 related to Controlled Substances. – (Ordinance – Regular Agenda) 10. Creating Lakewood Municipal Code Chapter 9.15 related to the Occupation of Public Property. – ( Ordinance – Regular Agenda) 11. Authorizing the acquisition of real property under threat of condemnation or by condemnation for road purposes; authorizing payment thereof from the City's General Fund or from such other monies that the City may have available or attain for the acquisition; providing for severability; and establishing an effective date. – (Ordinance – Regular Agenda) 12. Review of Clover Creek Floodplain. – (Reports by the City Manager) REPORTS BY THE CITY MANAGER CITY COUNCIL COMMENTS ADJOURNMENT Persons requesting special accommodations or language interpreters should contact the City Clerk, 253-983-7705, as soon as possible in advance of the Council meeting so that an attempt to provide the special accommodations can be made. http://www.cityoflakewood.us  Return to Agenda TO: Mayor and City Councilmembers FROM: Sally Martinez, Recreation Coordinator THROUGH: John Caulfield, City Manager DATE: March 13, 2023 SUBJECT: Special Events Review of 2021 & Public Art Update ATTACHMENTS: Special Events Power Point Review of 2022 events and 2023 schedule. 2022 Special Events Summary: The City team putting on events and activities continue to respond quickly to requests for events, and by being flexible, nimble and thinking outside the box provide events that meet the community where they are physically, mentally, spiritually and financially. 2022 saw the largest number of events implemented in the last ten years. They were implemented with safety as the highest priority, in partnership with the Police Department. The events were successfully enjoyed by our community members of all cultural and socio-economic backgrounds. Inclusivity is a core value for our team and ensures the community is able to come together and enjoy community traditions and events in an engaging manner where there is something for everyone. The implementation of SNAP/EBT at the Farmers Market in 2022 is an excellent example of inclusivity. City events and activities continue to provide a sense of grounding and normalcy during ever-changing and difficult times. New events highlighted in 2022 were the very popular Saturday Street Festivals on Motor Ave, the Reel Life 96 Film Competition, Fiesta de la Familia that is now transitioning in 2023 to a larger event at Fort Steilacoom Park, Yoga & Meditation at the pavilion, the Welcome Walk, and several new events born from the No Child Left Inside grant we received. Traditional events, the majority spanning more than two decades, included the MLK Celebration, the ever-popular Farmers Market with its new layout, Summer Concerts following the market, SummerFEST, Ray Evans Memorial Fishing event, Truck & Tractor Day, Holiday Parade of Lights &Christmas Tree Lighting and more. Innovation, inspiration, flexibility, sponsors and key partnerships bring the highest quality experiences to community members. The City’s Arts Commission’s installed 14 signal box wraps in 2022 and plans on implementing ten more in 2023 along with a mural. Quarterly Latino Art Shows and Receptions are scheduled throughout 2023 at City Hall. 3  Return to Agenda Lakewood’s Special Events 2022 4  2022MLK CELEBRATION THE WORLD LIVES IN LAKEWOOD Return to Agenda sponsored by Virginia Mason Franciscan Health & Twin Star Credit Union 5  Lakewood’s Film Competition Return to Agenda  38 Teams!  $2,500 Cash Prizes  600 people at Film Screening 6  Return to Agenda No Child Left Inside Grant Secured Grant Funds, over $20,000 Implemented one time events Outdoors, at various park Free Focused on underserved populations & health 7  Return to Agenda Ray Evans Memorial Fishing Event Saturday May 14, 2022 • American Lake Park FREE! 8  Return to Agenda 200+ Participants ages 5 – 12 9  Return to Agenda NEW! Rockets Away • No Child Left Inside Pierce College Science Dome • October 22, 2022 10  Return to Agenda NEW! Row, Paddle, Canoe Day. No Child Left Inside Harry Todd Park – FREE! 11 Row, Paddle, Canoe Day Return to Agenda • 8 tandem kayaks JBLM MWR • 12 single kayaks • 6 canoes • 2 paddleboards • YMCA Life guards • Young Life Volunteers • Police Boat • Fire Department 12  Return to Agenda NEW! Yoga & Meditation at the Pavilion Sponsored by Lakewood Rotary Grant 13 Inclusive: all fitness levels, ages & income levels Return to Agenda 14 New: Meditation at Pavilion. Monthly Saturdays Return to Agenda Sold out (50 people & 70 people). Every Monday @2:30 15 NEW! New Year, New You Event Return to Agenda 16  Return to Agenda Clover Park School District – Awesome Partner! Inclusivity: Sent special communication to all new families in last 6 months. 17 Youth Council Led Walks Return to Agenda 18 All NEW! Return to Agenda 19 May: Dancing in the Streets Return to Agenda 20 June: Carnival of Cultures Return to Agenda 21 August – Jazz Night and Car Show Return to Agenda 22 Return to Agenda 23 September: Fiesta de la Familia Return to Agenda 24  Return to Agenda Sponsored by KBTC TV & Twin Star Credit Union 25 Return to Agenda 26 Return to Agenda 27 Latino Art Show and Poetry Return to Agenda 28 Return to Agenda 70 vendors 21 Food vendors Attendance – 55,000 Vendor Sales - $648,000 29  Return to Agenda New: SNAP/EBT 30  Return to Agenda WIC and Senior WIC = $90,524 31  Return to Agenda New Vendors: Bakery Coffee Specialty Items 32 New Layout, focus on accessibility. New Vegan options Return to Agenda 33  Return to Agenda New local micro greens and boutique vegetables 34  Return to Agenda Shout out to Parks & Police employees & volunteers for Team Effort! 35  SummerFEST Return to Agenda NEW: Skim Boarding 36 SummerFEST Return to Agenda Fort Steilacoom Park • July 15, 2022 NEW MORNING BALLOON RIDES 37  Return to Agenda New: Black Hawk Helicopter 38  Return to Agenda New: Museum of Glass Hot Shop 39 New: Vuelta la Luna Return to Agenda Circus 40  Return to Agenda Fan Favorites 41 Return to Agenda 42 Grand Finale, International Stage Return to Agenda 43 Return to Agenda 44 Truck and Tractor Day Return to Agenda Fort Steilacoom Park • July 15, 2022 45 Truck and Tractor Day Return to Agenda Fort Steilacoom Park • July 15, 2022 46 Summer Concert Series, Tuesdays Return to Agenda Fort Steilacoom Park 47 Return to Agenda 48 Synergy with Farmers Market Return to Agenda 49 Return to Agenda 50 Christmas Parade of Lights Return to Agenda Downtown Lakewood • December 10, 2022 51 Two Santa’s! One Iconic Grinch Return to Agenda 52 Over 35 entries in parade Return to Agenda 53  Return to Agenda CPSD engaged 350 students! 54 New! Latino Artist Reception Return to Agenda Lakewood City Hall • December 5, 2022 55 Return to Agenda 56 Return to Agenda 57 Return to Agenda 58 Return to Agenda 59 2023 MLK Celebration Return to Agenda 60 What Next in 2023 Return to Agenda  Fishing Event  Yoga & Meditation  Welcome Walks  Saturday Street Festivals  Summer Concerts  SummerFEST  Farmers Market  Quarterly Artist Receptions  Truck and Tractor Day  Holiday Parade & Christmas Tree Lighting 61 Return to Agenda 62 Return to Agenda 63  Return to Agenda TO: Mayor and City Council FROM: Samantha Johnson, Assistant City Attorney THROUGH: John Caulfield, City Manager DATE: March 13, 2023 SUBJECT: Review amendments to Lakewood Municipal Code No. 9.06 related to the use of Controlled Substances ATTACHMENTS: Draft Ordinance In 2021, the Washington State Supreme Court decided State v. Blake, 197 W.2d 170 (2021) and found former RCW 69.50.4013, which made it a strict liability offense to possess a controlled substance in violation of the Uniform Controlled Substance Act, unconstitutional because the statute did not require proof that the offender knowingly possessed a controlled substance. Without proof of knowledge, the Court held the statute violated constitutional due process. In response, the state legislature amended RCW 69.50.4013 through ESB 5476 during its 2021 legislative session to temporarily make it unlawful for a person to knowingly possess a controlled substance. Through this same legislation, however, the legislature enacted RCW 10.31.115, which prohibits law enforcement from arresting or citing someone for unlawful possession of a controlled substance until the offender has twice before been “diverted” to voluntary social services. As a result, while it is still a crime to knowingly possess a controlled substance, law enforcement is prohibited from arresting a person who violates that law. There are a number of practical difficulties with RCW 10.31.115, including the lack of any regional or statewide tracking and referral system. Those difficulties have essentially led to the decriminalization of drug possession, even if an offender knowingly possesses a controlled substance illegally. In response, offenders began more openly using and possessing controlled substances in public places. This conduct, coupled with the legislature’s simultaneous removal of law enforcement’s ability to arrest offenders for illegal drug possession, has negatively impacted the community and subjected its members to the adverse impacts associated with the public use of controlled substances. The negative impacts plagues business owners, home owners, tax payers, and future business potential for the City of Lakewood. There is open drug use all around the City of Lakewood, specific examples of public spaces are Lakewood Towne Center, Springbrook Park, Pierce Transit Center, Northwest Integrated Health, and along South Tacoma Way. Lakewood 64  Return to Agenda Police Department has identified 100th and South Tacoma Way to Perkins Way an area highly affected by open drug use. In 2022, the Lakewood Police Department received 3,324 calls for service from 100th and South Tacoma Way to Perkins and South Tacoma Way (approximately .2 mile distance). This is an increase from the 2,606 calls for service this same area received in 2021. That is a 27.5% increase in calls for service in a .2 mile radius. While the use of cannabis and alcohol, both legal substances, is prohibited in public and heavily regulated, there is no comparable state laws or regulations prohibiting the use of illegal or controlled substances, like methamphetamine, heroin, and fentanyl, in public. Although state law does preempt the field of setting penalties for violations of the state’s Uniform Controlled Substances Act, Ch. 69.50 RCW, cities are authorized to enact local laws that are not inconsistent with that state law. Because the Uniform Controlled Substances Act does not expressly permit or otherwise protect the public use of controlled substances, the city is authorized to regulate or prohibit that use. The intent in this proposed legislation is to reduce the open use of drugs, reduce violent and property crimes, increase public safety, and allow an opportunity for court intervention and treatment. 65  Return to Agenda ORDINANCE NO. XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKEWOOD, PIERCE COUNTY, WASHINGTON, AMENDING LAKEWOOD MUNICIPAL CODE CHAPTER 9.06 RELATED TO CONTROLLED SUBSTANCES WHEREAS, in State v. Blake, 197 W.2d 170 (2021), the Washington State Supreme Court found former RCW 69.50.4013, which made it a strict liability offense to possess a controlled substance in violation of the Uniform Controlled Substances Act, unconstitutional because the statute did not require proof that the offender knowingly possessed a controlled substance. Without proof of knowledge, the Court held the statute violated constitutional due process; and WHEREAS, in response to State v. Blake, the state legislature adopted RCW 69.50.4013 during its 2021 legislative session, which provided a temporary correction to the law to make it unlawful for a person to knowingly possess a controlled substance. However, through this same legislation, the legislature enacted RCW 10.31.115, which prohibits law enforcement from arresting or citing someone for unlawful possession of a controlled substance until the offender has twice been “diverted” to voluntary social services; and WHEREAS, the limitation imposed by RCW 10.31.115 has resulted in offenders openly using and possessing illegal drugs in public places, while simultaneously removing law enforcement’s ability to effectively remove the problem, all to the detriment of community members who face an increased risk of harm attributable to the adverse impacts associated with the use of illicit drugs in public; and WHEREAS, while the use of cannabis and alcohol, both legal substances, is prohibited in public, there is no comparable state law that prohibits the use of illegal or controlled substances, like methamphetamine, heroin, and fentanyl, in public. On August 4, 2022, a two-year old child was injured at a Tacoma park when he picked up and ingested a fentanyl pill that had been left in the dirt at the park; and WHEREAS, although state law does preempt the field of setting penalties for violations of the state’s Uniform Controlled Substances Act, Ch. 69.50 RCW, cities are authorized to enact local laws that are not inconsistent with that state law. Because the Uniform Controlled Substances Act does not expressly permit or otherwise protect the public use of controlled substances, the City is authorized to regulate or prohibit that use; and WHEREAS, the City Council desires to act to keep the community safe, and the City Council desires to provide law enforcement and the prosecutor lawful ordinances to enforce to keep the community safe. Page 1 of 4 66  Return to Agenda NOW THEREFORE, the City Council of the City of Lakewood, Washington hereby do ordain as follows: Section 1. A new section, Section 9.06.090 of the Lakewood Municipal Code entitled “Use of dangerous drugs in person,” is hereby created to read as follows: 9.06.090 Use of dangerous drugs in public. A. It is unlawful for any person to intentionally use any dangerous drug in a public place, except as now or hereafter authorized or expressly permitted by the laws of the state or except upon the written or oral order or prescription of a physician, surgeon, dentist, or other medical professional surgeon licensed to practice in the state and legally authorized to prescribe controlled substances. B. Definitions. For purposes of this section, the following terms or words shall be interpreted as follows: 1. “Dangerous drug” means any controlled substance classified in Schedule I, II, III or IV of Chapter 69.50 RCW, excluding cannabis, as it now exists or shall hereafter be added to, deleted from, modified, or amended. 2. “Public place” means an area generally visible to public view and includes without limitation any place where the public has a right of access, which includes without limitation sidewalks, parking lots and parking garages, streets, alleys, highways, or roads; public buildings and grounds, including schools, parks, playgrounds, and meeting halls; establishments to which the public is invited including restaurants, theaters, stores, gas stations, meeting halls, lobbies, halls and dining rooms of hotels, bars, taverns, pubs, or establishments where beer or soft drinks may be sold, and their associated parking lots, parking structures, walkways, doorways, and entrances; railroad trains, light rail facilities, buses, transit facilities, and other public conveyances of all kinds and character, and their Page 2 of 4 67  Return to Agenda associated stations and platforms used in conjunction therewith which are open to unrestricted use and access by the public; and all other places of like or similar nature. 3. “Use” means any effort taken in furtherance of an attempt to inject, ingest, inhale or otherwise introduce a controlled substance into the human body. C. Unless another section expressly provides otherwise, any person who violates any provision of this section shall be guilty of a misdemeanor. Section 2. A new section, Section 9.06.100 of Lakewood Municipal Code entitled “Unlawful deposit of dangerous drugs and drug paraphernalia,” is hereby created to read as follows: 9.06.090 Unlawful deposit of dangerous drugs and drug paraphernalia. A. It shall be unlawful for any person to knowingly dump, throw, deposit, or discharge onto the ground or into any body of water any dangerous drug, as that term is defined in LMC 9.06.090(B)(1), or drug paraphernalia, as defined in RCW 69.50.102, as those referenced provisions are currently enacted or hereafter amended or recodified. Unless another section expressly provides otherwise, any person who violates any provision of this section shall be guilty of a misdemeanor. Section 3. A new section, Section 9.06.110 of Lakewood Municipal Code entitled “Severability,” is created to read as follows: 9.06.100 Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. Page 3 of 4 68  Return to Agenda Section 4. This Ordinance shall take effect and be in force thirty (30) days from and after its passage, approval, and publication, as required by law. ADOPTED by the City Council this 20th day of March, 2023. CITY OF LAKEWOOD Attest: ____________________________________ Jason Whalen, Mayor _______________________________ Briana Schumacher, City Clerk Approved as to Form: _______________________________ Heidi Ann Wachter, City Attorney Page 4 of 4 69  Return to Agenda Open Use Ordinance Examples of open use of drugs in the City of Lakewood 70  Return to Agenda In front of Starbucks on S. Tacoma Way in Lakewood 71  Return to Agenda Outside Foothills Furniture Store Foil used for drug paraphernalia 72  Return to Agenda To: Mayor and City Councilmembers From: Heidi Ann Wachter, City Attorney Through: John Caulfield, City Manager Date: March 13, 2023 Subject: Protection and Preservation of Public Spaces This is to revisit proposed legislation regarding the protection and preservation of public spaces. Original consideration was held on October 24, 2022. The updated proposal adds the following: Environmental protection, specifically of the watershed The cities of Spokane and Tacoma each address the impact of illegal camping on the waters of the city. City of Spokane ordinance C36272, recently adopted into Title 12 of the Spokane Municipal Code and City of Tacoma amended substitute ordinance 28831, as amended, passed October 11, 2022. The at-issue illegal camping does not have the benefit infrastructure such as restrooms and refuse containers, thus the environmental impact can be significant. Illegal campsites range from individual to significant numbers; though impact results even from a single person living proximate to water without infrastructure, collective impact can be severe. Like the City of Tacoma, the waters of the City of Lakewood are part of the watershed that flows into Tribal fishing waters. Thus activity that negatively impacts the watershed in the City of Lakewood ultimately impacts Tribal fishing rights. The City of Kent similarly focuses on the impact of the activity on the property used. The Kent ordinance prohibits camping “on public property and locations on which unlawful camping is destructive to the property’s intended purpose. City of Kent proposed ordinance 4443, repealing Chapter 8.09 of the Kent City Code and replacing it with a new chapter. The waters to be protected under the proposed ordinance are the same waters the City has protected under the Critical Areas Preservation section of the Shoreline Master Program. The attached map shows these areas. Use of public property In addition to impact on waters throughout the City is consideration for the impact of camping in any public place. The original draft ordinance presented prohibited storing belongings on city- owned property overnight. The current proposal prohibits such storage on any publicly owned property. 73  Return to Agenda The proposal is to protect all publicly owned property rather than focus exclusively on City property. In order to clarify this from the draft discussed by the City Council in October, a definition of “public entity” has been added to the proposed ordinance. The intent is to protect all public property including rights-of-way regardless of which public entity owns the property. A discussion point is whether a public entity can choose to allow storage of personal property on that entity’s property. Note in Section 4 of the proposed ordinance that the City can take action or authorize by City Code the storage of personal property. Would the same be possible for another public entity? If the goal is to protect public property throughout the City of Lakewood, the recommendation is to keep the proposed language as it is. To the degree another public entity wants to allow the storage of personal property on their public property, the public entity would need to work with the City of Lakewood and the City could exercise its authority under the ordinance. Availability of Overnight Shelter Many cities have adopted legislation similar to what is proposed to this City Council. Case law continues to hold against cities for such legislation when there is no available overnight shelter for the individual in violation of the legislation. While courts have held against cities under the overarching theme that an individual who has no available shelter options can only sleep in public areas and should not be rendered a criminal for doing so, the courts have not provided guidance as to what constitutes “available bed space.” Like the City of Lakewood, many of the cities adopting this type of ordinance are bounded by cities that have shelter space. The assumption that each city must provide its own shelter space has yet to be tested; it may be that one city relies on another for shelter space. In Martin v. Boise, the court declared that a governmental entity cannot “criminalize conduct that is an unavoidable consequence of being homeless – namely sitting, lying, or sleeping.” Similarly, Johnson v. City of Grants Pass began as a class action lawsuit approximately six weeks after the Martin opinion. Grants Pass had passed several ordinances related to the regulation of sleeping outside, which, taken together, made it nearly impossible to sleep outside with any form of bedding or shelter, or in a vehicle, on public land. This case is now petitioning to the U.S. Supreme Court for consideration and the International Municipal Lawyer’s Association is preparing supportive briefing (Amicus, or “friend of the Court” briefing). Under the City’s current Code and under this legislation, enforcement requires confirmation that the City has available options for shelter. 74  Return to Agenda ORDINANCE NO. XXX AN ORDINANCE of the City Council of the City of Lakewood, Washington, creating Chapter 9.15 of the Lakewood Municipal Code entitled “Occupation of Public Property”. WHEREAS, pursuant to Article XI, Section 11 of the Washington Constitution and RCW 35A.11.020, the City of Lakewood is authorized to regulate public property; and WHEREAS, public property is intended to be used by the public for public purposes, including daily City operations, park recreational use, pedestrian, bicycle and vehicular transportation and other public uses; and WHEREAS, there is an awareness that when the unhoused population does not have available overnight shelter, public property can be unavailable to the general public for its intended purposes; and WHEREAS, the City of Lakewood has expanded its human services programs by dedicating 1% of its general fund to growing its partnerships with local non-profit organizations for the purpose of improving its coordination of existing services, including programs specifically related to improving the lives of the unhoused residents of the city; and WHEREAS, in partnership with Pierce County and the City of Tacoma the City of Lakewood allocated $1,000,000 to the Low Income Housing Institute (LIHI) Hosmer Housing LLC, to acquire and convert property to an emergency shelter for homeless households (Aspen Court, for example); and WHEREAS, in Martin v City of Boise, 920 F. 3d 584 (9th Cir. 2019), the Ninth Circuit Court of Appeals held that the Eighth Amendment to the United States Constitution prohibits cities from enforcing ordinances criminalizing camping on public property when there is no available shelter; and WHEREAS, in Johnson v City of Grants Pass, United States Court of Appeals, Ninth Circuit, Nos. 20-35752, 20-35881 decided September 28, 2022 the Ninth Circuit Court of Appeals held that ordinances that operate to make it “nearly impossible” to sleep outside with any form of bedding or shelter, or in a vehicle, on public land violate the Cruel and Unusual Punishment clause of the constitution; and WHEREAS, this Ordinance makes it unlawful to occupy and store personal property on public property overnight, but suspends enforcement against those experiencing homelessness if overnight shelter is not available; and WHEREAS, the City Council finds that the regulatory requirements within this ordinance are necessary to promote public health, safety and welfare by preserving public use of public spaces for which they are intended; and WHEREAS, illegal camping alongside Lakes, Rivers, Waterways, Creeks and Streams, including but not limited to Shoreline Environments protected under the adopted Shoreline Management Program; and Critical Areas and Resource Lands Regulations (wetlands, critical 75  Return to Agenda aquifer recharge areas, fish and wildlife habitat areas), under the adopted Critical Areas Ordinance (collectively referred to hereinafter as “Protected Waters” as shown on the attached map), contributes to littering and human waste being found in and around the Protected Waters; and WHEREAS, Protected Waters can serve as habitat for Endangered Species Act species; and WHEREAS, critical habitat supporting endangered species is degraded by the litter and human waste that are a component of illegal camping; and WHEREAS, the City’s critical areas preservation section of its Shoreline Master Program specifically calls out concern for “any activity which would destroy the natural vegetation; result in a significant change in critical habitat, water temperature, physical, or chemical characteristics; or alter natural contours and/or substantially alter existing patterns of tidal, sediment, or storm water flow on any land which meets the classification standards for any critical area,”; and WHEREAS, illegal camping alongside the Protected Waters and impacting the associated watershed affects not only public health and safety generally, but also specific Tribal treaty fishing rights, and the ability of Tribes to practice the Treaty protected right to harvest and consume fish and shellfish; and WHEREAS, prohibiting illegal camping within 200 feet of the Protected Waters will protect the integrity of the Protected Waters, and protect the Tribal members and their fishing rights as well as the local community who enjoy and recreate along these protected waters. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKEWOOD, WASHINGTON, DO ORDAIN as Follows: Section 1. A new chapter of the Lakewood Municipal Code, Chapter 9.15, entitled “Occupation of Public Property” is hereby created. Section 2. That Section 9.15.010 entitled “Purpose” is hereby created to read as follows: It is the purpose of this chapter to promote public health, safety, and welfare by preserving for public use public spaces. Section 3. That Section 9.15.015 entitled “Definitions” is hereby created to read as follows: “Available overnight shelter” means a public or private facility, with an available overnight space, open to person(s) experiencing homelessness at no charge, which must be located within a 35-mile radius with the starting point of Lakewood City Hall, and to which the city facilitates transport. “Occupy” means to evidence an intent to remain in a place, at least overnight. Intent can be evidenced by setting up tents, shelter, or bedding, for example. 76  Return to Agenda “Personal property” means an item(s) recognizable as belonging to a person, has apparent utility or value in its current condition, and is not hazardous. “Public entity” is the state, county, any municipal corporation, or other taxing district and includes any and all divisions and subdivisions thereof, including but not limited to entities referred to throughout state law as follows: agency, district, general purpose government, governmental entity, governmental body, instrumentality, local agency, local government, local governmental entity, local public agency, local public body, municipal corporation, municipality, political subdivision, public agency, public body, public body corporate and politic, public corporation, quasi-municipal corporation, special district, special purpose district, taxing district, and units of government; and “Public property” means all parks, streets, rights-of-way, sidewalks and any other property in which the city has a property interest. “Store” means to put aside or accumulate for use when needed, to put for safekeeping, or to place or leave in a location regardless of the length of time; the defining characteristic is that the items are not in use and not discarded; they are on public property for future use by the owner. “Wetland” or “wetlands” means areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances to support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands. Wetlands are specifically protected under the City’s Shoreline Management Program and Critical Areas Ordinance. Section 4. That Section 9.15.020 entitled “Unlawful occupation of public property” is hereby created to read as follows: Unless caused by city action, or otherwise authorized by city code, city contract or permit, it shall be unlawful for any person to occupy public property. Section 5. That Section 9.15.025 entitled “Unlawful storage of personal property on public property” is hereby created to read as follows: A. Unless caused by city action, or otherwise authorized by city code, city contract or permit, it shall be unlawful for any person to store personal property on any public property overnight. B. Removal of Personal Property. The city may remove unlawfully stored personal property after the city provides necessary notice and an opportunity to be heard. The city shall facilitate there storage of personal property if required by law. 77  Return to Agenda Section 6. That section 9.15.027 entitled “Protection against harm to Protected Waters” is hereby created to read as follows: No person may cause harm to any Protected Waters in the city of Lakewood or the natural areas that buffer these Protected Waters. No person may do any of the following on any public property abutting Protected Waters: 1. Build or erect a structure of any type along the Protected Waters or drive a nail or other object into any tree or other natural vegetation for the purpose of building a shelter or any other structure, or for affixing an object to any tree or other natural vegetation. 2. Dig on the banks of any Protected Waters. 3. Move boulders, destroy vegetation, pave roads or paths, or otherwise reconfigure the natural landscape or other City-approved development on the banks of any Protected Waters. 4. Drive, park or bring any vehicle onto any portion of the banks of any Protected Waters that is not designated for vehicle traffic and/or parking. 5. Discharge garbage, refuse, or human or animal waste along the banks or into any Protected Waters. Section 7. That Section 9.15.030 entitled “Enforcement” is hereby created to read as follows: The city shall not enforce the provisions of Lakewood Municipal Code 9.15.020 or 9.15.025 against persons experiencing homelessness if there is no available overnight shelter that can be used by that particular person. If available overnight shelter is available, the shelter space must be offered to the person(s) experiencing homelessness, along with other available human services. Only if the shelter space is refused can the provisions of Lakewood Municipal Code 9.15.020 and 9.15.025 be enforced against persons experiencing homelessness. Section 8. That Section 9.15.035 entitled “Rules” is hereby created to reads as follows: The Chief of Police is hereby authorized to adopt rules, regulations, administrative policies, and procedures for implementing the provisions of this chapter. Section 9. That Section 9.15.040 entitled “Penalty for violations” is hereby created to reads as follows: A. Violation of any of the provisions of this chapter is a misdemeanor, and shall be punished as follows: 78  Return to Agenda 1. First Offense. Any person violating any of the provisions of this chapter shall, upon conviction of such violation, be punished by a fine of not more than $1,000 or by imprisonment not to exceed 90 days, or by both such fine and imprisonment. 2. Second Offense. Any person who violates any of the provisions of this chapter, upon conviction of such violation, a second time within a five-year period shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000 or by imprisonment not to exceed 90 days, or by both such fine and imprisonment. One hundred dollars of the fine and one day of imprisonment shall not be suspended or deferred. 3. Third or Subsequent Offense. Every person who violates any of the provisions of this chapter, upon conviction of such violation, a third or more times within a five-year period shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000 or by imprisonment not to exceed 90 days, or by both such fine and imprisonment. Five hundred dollars of the fine and five days’ imprisonment shall not be suspended or deferred. 4. Prior to imposing any fine for violation of this chapter, the court shall make an inquiry as to a person’s ability to pay. If a person is unable to pay the monetary penalty set forth in subsection (A)(1), (2) or (3) of this section, the court is explicitly authorized to order performance of community service or work crew in lieu of a monetary penalty. Section 10. The implementation of this ordinance shall be applied to any individuals who occupy public property illegally. The offer of assistance, including food and available shelter shall be documented. Section 11. Severability. If any portion of this Ordinance or its application to any person or circumstances is held invalid, the remainder of the Ordinance or the application of the provision to other persons or circumstances shall not be affected. Section 12. Effective Date. That this Ordinance shall be in full force and effect thirty (30) days after publication of the Ordinance Summary. ADOPTED by the City Council this ____ day of March, 2023. CITY OF LAKEWOOD Attest: ____________________________________ Jason Whalen, Mayor _______________________________ Briana Schumacher, City Clerk Approved as to Form: _______________________________ Heidi Ann Wachter, City Attorney 79 Return to Agenda 80  Return to Agenda Lakewood Housing: Policy, Zoning and Regulation in 2023, 2024, and ? City Council March 13, 2023 Tiffany Speir, Long Range & Strategic Planning Manager 81 1  Return to Agenda At the request of the City Council, beginning with the March 13, 2023 meeting and through the middle of 2024, the Council will be provided status updates on the 24CPPR process and public participation. Actual draft policy and regulation amendments will be presented to the City Council in 2024. The current status update schedule is included below: 2023: March 13 - Housing June 12 – Climate Change and Critical Areas July 10 – Land Use, Parks & Open Space August 28 – Transportation October 9 – Tillicum Neighborhood Plan Update November 27 – Other Comprehensive Plan Elements and Development Regulations under review 2024: January 22 - 2024 Periodic Review Activities March 11 - TBD May 13 - TBD June 24 (start of City Council legislative review of package) 82  Return to Agenda • State Law 2023 Changes Housing Policy, • State Law Zoning & 2024 Changes (HB 1220) • Options for City Regulation • Possible New ? State Law Requirements 83  Return to Agenda Housing Planning efforts per State Law and/or Regional Planning Policies When What Why How Allow and update development RCW 35A.21.430: “A code city shall not regulations for: prohibit transitional housing or permanent supportive housing in any zones in which - Permanent Supportive Housing, residential dwelling units or hotels are - Transitional Housing, allowed.” - Indoor Emergency Housing and - Indoor Emergency Shelter HB 1220: Effective September 30, 2021, a city shall not prohibit indoor emergency 2023 Annual in Commercial 1, 2, and 3 Zones. shelters and indoor emergency housing in Comprehensive either: (1) all zones where hotels are Plan & Zoning 2023 allowed; or (2) a majority of zones within Map one-mile of transit Amendment Cycle Allow Foster Care Facilities in GMA (RCW 36.70A.070.2(c)) Identify Residential 1,2, 3, 4; MF 1, 2, 3; MR 1, sufficient capacity of land for housing 2; ARC; and CBD Zones including, but not limited to, . . . foster care facilities[.] Amend Housing Development GMA Regulations to be consistent with policy 84 and zoning changes  Return to Agenda Housing Planning efforts per State Law and/or Regional Planning Policies Permanent Rapid Transitional Emergency Emergency Zone Foster care Supportive Housing* Rehousing Housing* Housing Shelter R1 P P P P P P R2 P P P P P P R3 P P P P P P R4 P P P P P P MR1 P P P P P P MR2 P P P P P P MF1 C P C C C P MF2 C P C C C P MF3 C P C C C P ARC C P C C C P NC1 C P C C C NC2 C P C C C TOC C P C C C CBD** C P C C C P C1 C C C C C C2 C C C C C C3 C C C C C 85  Return to Agenda Housing Planning efforts per State Law and/or Regional Planning Policies When What Why How Identify the number of housing units necessary to manage both current and projected housing needs, including units needed for: - moderate (80-120% AMI), - low (50-80% AMI), - very low (30-50% AMI), and 2024 Comprehensive Plan - extremely low-income (0-30% AMI) households. Periodic Review HB 1220 - Department of Commerce Document sufficient land capacity to accommodate (passed calculation of Lakewood share 2024 appropriate housing types for all AMI segments. 2021), of Pierce County current & GMA projected housing needs Assess “barriers such as development regulations, - Lakewood Housing Needs and other limitations” as part of “documenting Assessment programs and actions needed to achieve housing availability.” Identify programs and actions that, when implemented, have the potential to overcome barriers to housing production. 86  Return to Agenda HB 1220: “Identify the number of housing units necessary to manage both current and projected housing needs, including units needed for all economic segments [by 2044].” - Separate from Population, Housing and Employment Targets adopted through Pierce County Council Action. City must “identify”/”document”/”assess” per HB 1220 2044 Housing Growth Target per Ordinance 2022-46s: 9,714 units City must plan for 2044 Targets – “the minimum number of residents, housing units, and jobs to accommodate within the appropriate planning horizon” HB 1220 March 2023 Commerce Calculation of Current & Projected Housing Need for All Economic Segments: 9,374 units (6.91% of Pierce Co. Total) 87  Return to Agenda Commerce 2044 Allocation Method A for Lakewood’s 9,374 units for all economic segments: “All jurisdictions get the same share of growth at each income level” 0-30% AMI 0-30% AMI >30-50% >50-80% >80-100% >100-120% >120% AMI Emergency PSH* Non-PSH AMI AMI AMI AMI Hsg. 1,112 1,392 1,581 1,400 665 606 2,618 499 * PSH = permanent supportive housing Commerce 2044 Allocation Method B for Lakewood’s 9,374 units for all economic segments: “Each jurisdiction will have the same percentage share of their total housing supply at each income level by 2044” 0-30% AMI 0-30% AMI >30-50% >50-80% >80-100% >100-120% >120% AMI Emergency PSH Non-PSH AMI AMI AMI AMI Hsg. 1,274 1,479 -153* -1,871* 1,726 1,811 5,118 634 *Negative #s = “overage” of this # of units now, so less % of them needed as part of housing in City by 2044 The decision on which method to use is currently being reviewed at the GMCC level and will be discussed at the PCRC in Spring 2023. 88  Return to Agenda Housing Planning efforts per State Law and/or Regional Planning Policies When What Why How Identify local policies and regulations that result in racially disparate impacts, displacement, and exclusion in housing, including: o Zoning that may have a discriminatory effect o Disinvestment; and o Infrastructure availability Establish policies and regulations to address and begin to undo racially 2024 disparate impacts, displacement, and exclusion in housing caused by local Comprehensive policies, plans, and actions. Plan Periodic HB 1220, 2024 Identify areas that may be at higher risk of displacement from market Review GMA forces that occur with changes to zoning development regulations and - Lakewood capital investments.) Housing Needs Assessment Establish anti-displacement policies, with consideration given to the preservation of historical and cultural communities as well as investments in low, very low, extremely low, and moderate-income housing; equitable development initiatives; inclusionary zoning; community planning requirements; tenant protections; land disposition policies; and consideration of land that may be used for affordable housing. 89  Return to Agenda 2023 Lakewood Housing Needs Assessment As of April 2022, the state Office of Financial Management estimated that Lakewood had a total of 27,147 housing units.  Net housing production in Lakewood has been nominal since incorporation.  Future housing production can be accommodated to meet the city’s growth targets, but the rate of development will have to increase significantly. 90 10  2023 Lakewood Housing Needs Assessment Return to Agenda Projected Housing Needs  Lakewood will need to rely on redevelopment opportunities.  Capacity is focused in existing multifamily areas.  There is a real potential for displacement of lower income residents.  Lakewood needs to begin planning for indoor emergency housing units. Housing by Income Band  A substantial amount of new housing will need to be targeted to high- income households in multifamily development. This is due in part to the large number of these households choosing to own housing with rents lower than what they might be able to afford.  59% of Lakewood’s HB 1220 Commerce-identified housing need is at 80% AMI or below and 27% is proposed for households at 30% of area median family income or below.  This is a substantial policy change, as the current Comprehensive Plan identifies that 25% of housing should be directed to households making 80% of median income or less. (See Policies LU 2.14. Goal 4.2, and other language in the Lakewood Comprehensive Plan.) 91 11  Return to Agenda 2023 Lakewood Housing Needs Assessment Population of Lakewood by Race/Ethnicity, 2020: 52% BIPOC. 92  Return to Agenda 2023 Lakewood Housing Needs Assessment Count of Households by Race and Household Income, 2019. 93  Return to Agenda The CDC and Agency for Toxic Substances and Disease Registry (ATSDR) have developed a Social Vulnerability Index (SVI) to identify populations vulnerable to significant impacts from hazardous events. Four groups of indicators that highlight particular risk factors for local populations:  Socioeconomic Status, including poverty rates, unemployment, income, and adults without high school diplomas.  Household Composition and Disability, including the proportion of children and seniors, single-parent households, and populations with disabilities.  Minority Status and Language, including minority status and residents that speak English “less than well”.  Housing Type and Transportation, including the number of multi-unit structures and mobile homes, crowding of households, households with no vehicles, and percentage of housing as group quarters. Source: CDC/ATSDR Social Vulnerability Index website 94 14  Return to Agenda Highlights from draft Lakewood Housing Needs Assessment re Racially Disparate Impacts and Risk of Displacement Findings  There are significant differences in income distributions in the City between White and BIPOC households.  There are a disproportionate number of extremely low-income Black or African-American households.  Black or African-American renters face significant cost burdens in the market.  There are fewer Hispanic/Latino households with above median income.  There is a significant lack of homeownership amongst households of color.  The largest risk of displacement areas are found on the eastern and southern edges of Lakewood.  The most critical focus area for anti-displacement policies will be the Lakewood Station District and the Lakeview/Kendrick area.  Businesses in the Lakewood Station area as well as in the International District may also be at risk. 95 15 Return to Agenda Displacement Risk Factors:  Socio-demographic characteristics, such as populations of color, English language skills, proportion of renters, and household incomes.  Transportation access in the local neighborhood, represented by access to employment and proximity to current and future transit.  Neighborhood characteristics, including proximity to community businesses and public services, as well as locations close to high-income neighborhoods.  Housing, including development capacity and median rent Assumes current zoning’s allowed uses 96  Return to Agenda Source: WA Department of Health's Environmental Health Disparities Map 97 CBGs: Census Block Groups Return to Agenda TES: Tree Equity Score UTC: Urban Tree Canopy POC: People of Color 98 Initial review results show that Lakewood has 18 subdivisions and 928 parcels that were originally regulated by racially restricted covenants through 1969 (e.g., “No persons except persons who shall be of the Caucasian race shall be allowed to purchase, nor be allowed to use or occupy said property or any part thereof, except in the capacity of domestic servants, chauffeurs or employees of the occupants thereof.”) Return to Agenda (As noted by the The Racial Restrictive Covenants Project, do not assume that areas without circles on the map below were not restricted. Deed restrictions were only one of the mechanisms of segregation. Neighborhoods without covenants often practiced racial exclusion by other means.) 18 racially restricted subdivisions in Lakewood 928 racially restricted parcels in Lakewood 99 19 Historical note: In 1970, nearly one-third of Pierce County's Black population were military personnel at Fort Lewis. Most of the rest lived in the Hilltop neighborhood near the bend in the I-5 freeway. One quarter of the 5,373 Asian and Latino people in the County were stationed at the military base. Return to Agenda Source: The Racial Restrictive Covenants Project 100 Return to Agenda 101  Return to Agenda Lakewood Zones Acreage share Residential Zones: 50.1% Commercial Zones: 7.3% Industrial Zones: 6.3% Parks/Open Space: 21.1% Public Institutional: 6.3% Central Business District (Downtown Subarea): 2.7% Military-Related: 5.5% 102 22 Return to Agenda Lakewood “Housing Zones” Residential Zones: 50.1% of City and base densities - R 1, 2 zones = 8.6% of City - R1: 1.45 dua - R2: 2.2 dua - R3 zone = 23.2% of City - 4.8 dua - R4 = 9.4% of City - 6.4 dua - MF 1, 2, 3 zones = 6.1% of City - MF1: 22 dua - MF2: 35 dua - MF3: 54 dua - MR 1, 2 zones = 2.8% of City - MR 1: 8.7 dua - MR 2: 14.6 dua Central Business District: 2.7% of City - 54 dua Commercial Zones: 3.5% of City - ARC: 15 dua - C1: 35 dua - C2: 35 dua - C3: 54 dua - NC1: 22 dua - NC2: 35 dua 103 23  Return to Agenda From 2021 Buildable Lands Report:  Lakewood has a capacity for 11,371 future housing units, including:  78% of Lakewood’s future growth must be accommodated through infill and redevelopment*.  80% of housing capacity is in current multifamily zoning/uses (R4, MRs, MFs, NC1, NC2, TOC, CBD.)  8% of current housing capacity in the R3 zone, which comprises 23.2% of the City. Zone Vacant Underutilized Vacant Single Unit Pipeline Total Units CBD 181 2,405 0 67 2,653 MF1 132 1,251 16 5 1,404 MF2 304 1,240 0 80 1,624 MF3 152 1,164 0 1 1,317 MR1 0 147 0 1 148 MR2 42 636 5 5 688 NC1 2 17 0 42 61 NC2 49 458 0 2 509 R1 (1.2 dua) 7 26 17 1 51 R2 (2.2 dua) 15 91 39 20 165 R3 (4.8 dua) 172 739 91 34 1,036 R4 23 237 58 24 342 TOC 124 478 0 771 1,373 Total 1,203 8,889 226 1,053 11,371 *Infill = Incorporating new development within existing development 104 *Redevelopment = Replacing existing development with new development  Return to Agenda Housing Planning efforts per State Law and/or Regional Planning Policies When What Why How Allow 2-family housing, 3-family housing, and townhomes HB 1220, 2024 Comprehensive Plan in Residential 1, 2, 3, & 4; and Mixed Residential 1 & 2 GMA Periodic Review 2024 Amend Housing Development Regulations to be consistent HB 1220, 2024 Comprehensive Plan with policy and zoning changes GMA Periodic Review Zone Detached SF 2-Fam Res. att./det. 3-Fam Res. att./det. Townhouse 4+ Res. units Mixed Use ADU R1 P P R2 P P R3 P C P R4 P P P MR1 P P C P MR2 P P C P MF1 P P P P MF2 P P P MF3 P P ARC P P P P P NC1 P P P P P NC2 P P P P P TOC P P 105 P CBD** P P  Return to Agenda Proposed HB 1110 “Middle Housing” (summary as of 3/5/23): (1) Any city that is required or chooses to plan under RCW 36.70A.040 must provide by ordinance and incorporate into its development regulations, zoning regulations, and other official controls, authorization for the following: (a) For cities with a population of at least 25,000 but less than 75,000 based on office of financial management population estimates: (i) The development of at least two units per lot on all lots zoned predominantly for residential use; (ii) The development of at least four units per lot on all lots zoned predominantly for residential use within one-half mile walking distance of a major transit stop or community amenity; and (iii) The development of at least four units per lot on all lots zoned predominantly for residential use if at least one unit is affordable housing. 106  Return to Agenda Proposed HB 1245 “Lot splitting” (summary as of 3/5/23): Requires cities to allow all lots to be split, if the resulting lot is at least 2,000 square feet and 40% of the original lot size. A lot cannot be split more than once. When approving a lot split, the city cannot: - Require more than 1 off-street parking space per lot, - Require more than 20 feet of frontage, - Require easement widths of more than 5 feet for access to rear lots unless site-specific conditions such as access to utilities require wider easements. - Impose permitting requirements, design standards, or impact fees on construction on a lot resulting from split that are greater than other new residential construction - Require dedication of rights-of-way for the construction of off-site improvements unless site-specific conditions require otherwise. 107  Return to Agenda Proposed SB 5466 “ADU” (summary as of 3/5/23): GMA cities may not: - enact or enforce any development regulation within a station area that would prohibit the siting of multifamily residential housing on parcels where any other residential use is permissible; - may not enact any new development regulation that imposes a maximum residential density, measured in residential units per acre or other metric of land area within a station area or station hub; - may not require off-street parking as a condition of permitting development within a station area, except for off-street parking that is permanently marked for the exclusive use of individuals with disabilities. The parking provisions of this section do not apply if the city or county consults with the department of transportation and the city or county and the department of transportation determine that the lack of minimum parking requirements in a defined area would make on- street parking infeasible or unsafe for the authorized units. 108  Return to Agenda Lakewood has engaged a Community Steering Committee* for the 2024 • State Law Periodic Review Process. Their focus 2023 Changes through June 30, 2023 will be on housing and climate change. • State Law Housing Policy, Changes (HB A draft Lakewood Housing Element and Development Regulation package will be Zoning & 2024 1220) available June 30, 2023. • Options for Regulation City If HB 1110, HB 1245, SB 5466, or other • Possible New bills affecting housing pass the current ? State Law Legislative session, the City will consider Requirements whether possible to include the requirements within the 2024 Periodic Review. *Steering Committee to date: LaTasha Wortham, TPU The City will launch a citywide outreach Jesse Black, Springbrook Connections campaign to seek more public input Janne Hutchins, LASA between July 2023 and Spring 2024 Amy Tousley, Puget Sound Energy when the Planning Commission will Tod Wolf, Business Owner begin its review of the 2024 Periodic Rachel Lehr, Rebuilding Together South Sound Review amendments. Mandy Ma, Self-Sufficiency Multicultural Movement 109