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11-16-2021 Council Packet - Regular
CITY OF I Federal Way Centered on Opportunity CITY COUNCIL REGULAR MEETING AGENDA **AMENDED AGENDA** City Hall — Council Chambers* November 16, 2021 — 6:30 p.m. *Masks are required inside City Hall and are to be worn at all times when attending in -person meetings. Notice: Due COVID-19 and pursuant to Governor Inslee's Proclamation 20-28 the Mayor and Council encourage you use one of the following ways to participate in the meeting remotely if you are unable to attend in person: • Watch the meeting live via Federal Way YouTube Channel • Call in and listen to the live meeting: (888) 788-0099 or 253-215-8782 • Public Comment may be submitted via email here, or sign up to provide live comments here • Zoom meeting code: 685 690 722 and passcode: 131162 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Recognition of Councilmember Baruso and Councilmember Craft b. Mayor's Emerging Issues and Report • COVID-19 Report — Ray Gross, Emergency Manager • Town Square Park Tree Lighting on December 4 at 4:00 p.m. • Recent Community Events; Communities in Schools Fundraiser Breakfast (11/5) • Reminder — one City Council Meeting in December per Council Rules c. Council Committee Reports • Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) • Land Use/Transportation Committee (LUTC) • Finance, Economic Development Regional Affairs Committee (FEDRAC) • Lodging Tax Advisory Committee (LTAC) • Regional Committees Report (PIC) • Council President Report 4. PUBLIC COMMENT Please email comments to Publiccomment.COUNCIL(a)cityoffederalway.com or complete a citizen comment request form (found here) prior to the meeting, to provide comments via telephone during the meeting. All comments are limited to 3 minutes each. The City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval, all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: November 3, 2021 Regular and Special Meeting Minutes b. 2021 Transportation Improvement Board (TIB) Complete Streets Grant Funding Application c. S 348th St NHS Preservation Project — Preliminary Design Phase Report d. Military Road S Preservation Project — Preliminary Design Phase Report e. Greenway Pavement Markings Phase 2 (2021) Project — Final Acceptance f. Resolution: Adopting a Work Plan and Public Participation Plan for Updating the Comprehensive Plan and Development Regulations, Pursuant to RCW 36.70A.130 6. PUBLIC HEARING a. 2021-2022 Mid -Biennial Budget Adjustment continued from November 3, 2021 (as required by RCW 35A.34) • Staff Report: Steve Groom, Finance Director • Public Comment — 3 minutes each • Council Discussion b. Program Year 2022 CDBG Annual Action Plan • Staff Report: Sarah Bridgeford, Community Services Manager • Public Comment — 3 minutes each • Council Discussion 7. COUNCIL BUSINESS a. Proposed 2021 Collective Bargaining Agreement with Federal Way Police Support Services Association (PSSA) b. Proposed Settlement in the matter of Feliz-Bordonada v. Keiser et al c. Proposed Settlement in the matter of Carol Williams v. City of Federal Way, et al d. ADDED ITEM: Acceptance of Grant Funds for SB5476 TheraDeutic Court Grant Program e. ADDED ITEM: Discussion to Direct Staff to Create a Zoning Ordinance Allowing Marijuana Stores in the City [:we]N111►/_M41*1 First Reading: a. Council Bill #815/ 2021-2022 Mid -Biennial Budget Adjustment AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO AMENDING THE 2021-2022 BIENNIAL BUDGET. (AMENDING ORDINANCE NO. 20-903 AND 21-916) The City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. • Staff Report presented at the Public Hearing • Public Comment — 3 minutes each • Council Discussion b. Council Bill #816/ 2022 Property Tax Levy AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO FIXING THE PROPERTY TAX AMOUNT FOR THE YEAR OF 2022. Staff Report: Steve Groom, Finance Director Public Comment — 3 minutes each • Council Discussion c. Council Bill #817/ T-Mobile Wireless Franchise Agreement Amendment AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING T- MOBILE WEST CORPORATION'S NONEXCLUSIVE FRANCHISE TO OCCUPY RIGHTS - OF -WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, BY ADDING A NEW SITE TO THE LIST OF AUTHORIZED SITES. (AMENDING ORDINANCE NO. 15-803) • Staff Report: Cole Elliott, Public Works Department • Public Comment — 3 minutes each • Council Discussion Second Reading/Enactment: d. Council Bill #813/Ordinance: Adopting 2021 King County Surface Water Design Manual (KCSWDM) AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PHASE II PERMIT REQUIREMENTS; AMENDING FWRC 16.20.010 AND 16.25.010 (AMENDING ORDINANCE NOS. 99-352, 09-630, 16-828). 9. COUNCIL REPORTS 10.ADJOURNMENT The City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. CITY OF I Federal Way Centered on Opportunity CITY COUNCIL REGULAR MEETING AGENDA City Hall - Council Chambers* November 16, 2021 - 6:30 p.m. *Masks are required inside City Hall and are to be worn at all times when attending in -person meetings. Notice: Due COVID-19 and pursuant to Governor Inslee's Proclamation 20-28 the Mayor and Council encourage you use one of the following ways to participate in the meeting remotely if you are unable to attend in person: • Watch the meeting live via Federal Way YouTube Channel • Call in and listen to the live meeting: (888) 788-0099 or 253-215-8782 • Public Comment may be submitted via email here, or sign up to provide live comments here • Zoom meeting code: 685 690 722 and passcode: 131162 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Recognition of Councilmember Baruso and Councilmember Craft b. Mayor's Emerging Issues and Report • COVID-19 Report — Ray Gross, Emergency Manager • Town Square Park Tree Lighting on December 4 at 4:00 p.m. • Recent Community Events; Communities in Schools Fundraiser Breakfast (11/5) • Reminder — one City Council Meeting in December per Council Rules c. Council Committee Reports • Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) • Land Use/Transportation Committee (LUTC) • Finance, Economic Development Regional Affairs Committee (FEDRAC) • Lodging Tax Advisory Committee (LTAC) • Regional Committees Report (PIC) • Council President Report 4. PUBLIC COMMENT Please email comments to Publiccomment.COUNCIL(a)cityoffederalway.com or complete a citizen comment request form (found here) prior to the meeting, to provide comments via telephone during the meeting. All comments are limited to 3 minutes each. The City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval, all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: November 3, 2021 Regular and Special Meeting Minutes b. 2021 Transportation Improvement Board (TIB) Complete Streets Grant Funding Application c. S 348th St NHS Preservation Project — Preliminary Design Phase Report d. Military Road S Preservation Project — Preliminary Design Phase Report e. Greenway Pavement Markings Phase 2 (2021) Project — Final Acceptance f. Resolution: Adopting a Work Plan and Public Participation Plan for Updating the Comprehensive Plan and Development Regulations, Pursuant to RCW 36.70A.130 6. PUBLIC HEARING a. 2021-2022 Mid -Biennial Budget Adjustment continued from November 3, 2021 (as required by RCW 35A.34) • Staff Report: Steve Groom, Finance Director • Public Comment — 3 minutes each • Council Discussion b. Program Year 2022 CDBG Annual Action Plan • Staff Report: Sarah Bridgeford, Community Services Manager • Public Comment — 3 minutes each • Council Discussion 7. COUNCIL BUSINESS a. Proposed 2021 Collective Bargaining Agreement with Federal Way Police Support Services Association (PSSA) b. Proposed Settlement in the matter of Feliz-Bordonada v. Keiser et al c. Proposed Settlement in the matter of Carol Williams v. City of Federal Way, et al 8. ORDINANCES First Reading: a. Council Bill #815/ 2021-2022 Mid -Biennial Budget Adjustment AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO AMENDING THE 2021-2022 BIENNIAL BUDGET. (AMENDING ORDINANCE NO. 20-903 AND 21-916) • Staff Report presented at the Public Hearing • Public Comment — 3 minutes each • Council Discussion The City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. b. Council Bill #816/ 2022 Property Tax Levy AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO FIXING THE PROPERTY TAX AMOUNT FOR THE YEAR OF 2022. Staff Report: Steve Groom, Finance Director Public Comment — 3 minutes each • Council Discussion c. Council Bill #817/ T-Mobile Wireless Franchise Agreement Amendment AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING T- MOBILE WEST CORPORATION'S NONEXCLUSIVE FRANCHISE TO OCCUPY RIGHTS - OF -WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, BY ADDING A NEW SITE TO THE LIST OF AUTHORIZED SITES. (AMENDING ORDINANCE NO. 15-803) • Staff Report: Cole Elliott, Public Works Department • Public Comment — 3 minutes each • Council Discussion Second Reading/Enactment: d. Council Bill #813/Ordinance: Adopting 2021 King County Surface Water Design Manual (KCSWDM) AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PHASE II PERMIT REQUIREMENTS; AMENDING FWRC 16.20.010 AND 16.25.010 (AMENDING ORDINANCE NOS. 99-352, 09-630, 16-828). 9. COUNCIL REPORTS 10.ADJOURNMENT The City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. CITY OF Federal Way Certificate of Recognition Presented to: Councilmember Gregory Baruso In appreciation of your service and dedication to the citizens of Federal Way, Washington, in your capacity as City Councilmember. Signed this 16th day of November, 2021 hin Ferrell, Mayor Susan Honda, Council President lv1PAl Lill iA. 1viumu, k-muncnmemDer L Assefa-Daw n, Councilmember L.eandra Craft, Councilmember E0 inda Koch ar ouncilmember . --- --., - — -- CITY OF E Federal Way Certificate of Recognition � Presented to: j Councilmember Leandra Craft In appreciation of your service and dedication to the citizens of Federal Way, Washington, in your capacity as City Councilmember. Signed this 16th day of November, 2021 Jim Ferrell, Mayor kIvia Susan Honda, Council President Lydi Assefa-Da n, re CCouncilm:em7ber Hoang V. an, Councilmember Martin A. member L' da Kochmar, ou cilmember COUNCIL MEETING DATE: November 16, 2021 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should the City Council approve the draft minutes for the November 3, 2021 Regular and Special Meetings? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office Attachments: Draft minutes for the November 3, 2021 Regular and Special Meetings Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL: 1� Y�OZI Committee Council Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A N/A N/A N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented. (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF Federal Vila_y� CITY COUNCIL REGULAR MEETING MINUTES Remote Meeting November 3, 2021 — 6:30 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 6:32 p.m. 1211 City officials in attendance: Mayor Jim Ferrell, Council President Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Greg Baruso, Councilmember Hoang Tran, Councilmember Leandra Craft, Councilmember Martin Moore, and Councilmember Linda Kochmar. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. 3. PRESENTATIONS a. Proclamation: Native American Heritage Month — November 2021 Council President Honda read the proclamation recognizing Native American Heritage Month. b. Mayor's Emerging Issues and Report COVID-19 Report Emergency Manager Ray Gross provided an update for Federal Way and King County. He noted while vaccination rates in King County continue to climb, the county is still in a high state of transmission. He reported the Pfizer vaccine has reached final approval for children ages 5-11 years old. Farmer's Market Mayor Ferrell reported on the End of Season Event last Saturday at the market which included a costume event where Council President was a judge. He thanked the organizers of the Farmers Market for a great season! Caravel Autism Health Center Grand Opening The Mayor noted he attended the grand opening of the Caravel Autism Health Center on October 28 at its newest location in Federal Way on 333rd Street. The Center provides support and treatment. Federal Way City Council Regular Minutes Page 1 of 7 November 3, 2021 Veterans Day Veterans Day is Thursday, November 11 and City Hall will be closed. c. Council Committee Reports Parks/Recreation/Human Services/Public Safety Committee (PRHSPS): Chair Kochmar reported the next meeting would be November 15 which is a rescheduled date due to Councilmembers attending a conference. She noted the December meeting will be canceled. Land Use/Transportation Committee (LUTC): Chair Baruso reported on the items heard at the last meeting on November 1; he noted the next meeting will be December 6. Finance, Economic Development, Regional Affairs Committee (FEDRAC): Chair Tran reported the next meeting would be held November 23 via zoom. Lodging Tax Advisory Committee (LTAC): Chair Assefa-Dawson reported the next meeting scheduled for Wednesday will likely be canceled. Regional Committees Report (PIC): Councilmember Moore provided no report. Council President Report: Council President Honda noted there would not a be an in - person Veterans Day program this year. She encouraged Councilmembers to sign up for SCA and AWC Committees for the next year and asked citizens to continue to contact Sound Transit regarding the OMF-South facility and the negative impact it would have on the city. 4. PUBLIC COMMENT Shana Mason with KIN Outreach shared about the services their non-profit provides in the Federal Way community. Brad Thorson, President of Garage Town Association, spoke in concern regarding Sound Transit's upcoming decision on the preferred location of the OMF South facility. He asked Council to voice their concerns to the Board to urge Sound Transit to select the Midway Landfill site as the location of the facility. Ken Blevens expressed his desire to have in -person City meetings. Mayor Ferrell noted the next meeting on November 16 will be held in Council Chambers, as well as available remotely. 5. CONSENT AGENDA a. Minutes: October 19, 2021 Regular and Special Meeting Minutes b. AP Vouchers (09/16/2021—10/15/2021) & Payroll Vouchers (09/01 /2021 — 09/30/2021) c. Monthly Financial Report — September 2021 d. Federal Way PAEC Ticketing Systems Proposal Acceptance Federal Way City Council Regular Minutes Page 2 of 7 November 3, 2021 e. Acceptance of the US Small Business Administration Shuttered Venue Operators Supplemental Grant Award for the Performing Arts and Event Center COUNCIL PRESIDENT HONDA MOVED APPROVAL OF ITEM A THROUGH E ON THE CONSENT AGENDA; SECOND BY COUNCILMEMBER BARUSO. The motion passed unanimously as follows: Council President Honda yes Councilmember Craft yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Kochmar yes Councilmember Tran yes 6. PUBLIC HEARING Mayor Ferrell opened the public hearing at 6:54 p.m. a. 2021-2022 Mid -Biennial Budget Adjustment (as required by RCW 35A.34) Finance Director, Steve Groom, provide information related to what the budget adjustment accomplishes. This adjustment will amend the budget for items the City Council has previously approved; extends project spending forward from 2021 to 2022; and also, funds needs from savings which were not known at the time the budget was adopted. He provided adjustments in the General Fund to include economic support for the Community Center and Dumas Bay Centre; insurance premium adjustment, consultant for a city sub -area plan related to the South Sound Transit station, IT related security issues, and the increase in staffing and vehicles in the Police Department. Director Groom also provided details on amendments to other funds including the overlay program, red-light photo fund funding the body worn camera program, jail services, and transportation projects. In conclusion Mr. Groom noted all Council -approved items will now be in sync in the amended budget and all funds remain with the City Council's Fund Balance Reserve policies. No public comment was provided. Mayor Ferrell noted this is the first of two required public hearings on the budget. COUNCIL PRESIDENT HONDA MOVED TO CONTINUE THE PUBLIC HEARING ON THE 2021-2022 MID -BIENNIAL BUDGET ADJUSTMENT THE NOVEMBER 16, 2021 COUNCIL MEETING; SECOND BY COUNCILMEMBER TRAN. The motion passed unanimously as follows: Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes 7. COUNCIL BUSINESS a. 2019 Salary Survey Implementation Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes Federal Way City Council Regular Minutes Page 3 of 7 November 3, 2021 Human Resources Manager, Vanessa Audett, provided the history of the most recent citywide salary survey which was authorized in 2019 and due to COVID was delayed in completion and has not been implemented. She noted the previous review of salaries was done in 2008 prior to the economic recession and results were never implanted. Ms. Audett spoke to the results of the study which show employees dissatisfaction due to inadequate staffing, heavy workloads, and under market compensation. The voluntary turn over rate is currently at double from 5-years ago. The implementation plan would include market adjustments to adjust the salary ranges for 89 non -represented positions. The cost of this adjustment is $23,157 per month and annualized cost of $277,884 and is funded through the 2021-2022 budget. She recommended making this adjustment to restore faith of employees by bringing longtime under market classifications closer to market wages. Ms. Audett noted the survey data is aging as it was done in 2019, and the comparable data from other jurisdictions continue to change. Moving forward she recommends bringing the process in-house for an on -going salary review policy and procedure; and aligning future salary surveys with the budget process. Finance Director, Steve Groom, provided feedback on how to fund the adjustment noting increasing the city's expenses does strain the current year budget and puts the budget on a new trajectory with implications for future years. He noted the recommendation of the HR Manager to implement changes gradually is the best option and then plan for future budgets. He explained how this cost can be covered by salary savings which have not been accounted for in other areas to a total of $277,000 in the current year and generally budget savings from next year. Council thanked Ms. Audett and Mr. Groom for the information and asked for clarification regarding the number of vacancies current and expected to fund the savings; if the city can look at offering internal internships for staff to move up in different positions or departments; and if there is a proposal for workload issues addressed in the survey. COUNCIL PRESIDENT HONDA MOVED APPROVAL OF THE PROPOSED SALARY SURVEY IMPLEMENTATION PLAN AND AUTHORIZE THE MAYOR TO IMPLEMENT SAID PLAN; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed unanimously as follows: Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes b. Adding New Position of Title VI/VIII/Diversity Equity and Inclusion (DEI) Analyst Community Services Manager, Sarah Bridgeford, provided information regarding the part- time DEI Coordinator position Council authorized in the biennial budget. The position is currently vacant and in working with Human Resources, Community Services and Public Works staff have created a full-time Title VI/VIII/Diversity, Equity and Inclusion Analyst position to be funded through the General Fund, CDBG Fund, and Capital Transportation Fund. Ms. Bridgeford noted the creation of the full-time, fully funded position was the collaboration of discussions between the three divisions and she provided primary proposed duties both internal and external. Deputy Public Works Director, Desiree Winkler, and Human Federal Way City Council Regular Minutes Page 4 of 7 November 3, 2021 Resources Manager, Vanessa Audett, also spoke to the proposal noting this is a great use of funding to create a full-time position at a higher level (analyst) than a part-time coordinator position. An analyst would be able to look city wide with the DEI lens and bring back impactful recommendations to the Diversity Commission for review and implementation. Council thanked Ms. Bridgeford, Ms. Audett and Ms. Winkler for the information and proposal submitted. Clarifying questions were asked regarding concern of the CDBG and Transportation job duties would pull away from the DEI needs. Director Groom spoke to the sustainability of the funding for this position. COUNCIL PRESIDENT HONDA MOVED TO CREATE THE PROPOSED POSITION TO BE FUNDED THROUGH A COMBINATION OF GENERAL FUND, TRANSPORTATION FUNDING (306), AND CDBG FUNDING (119); SECOND BY COUNCILMEMBER BARUSO. The motion passed unanimously as follows: Council President Honda yes Councilmember Craft yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Kochmar yes Councilmember Tran yes c. Catering Services at Dumas Bay Centre Parks Director John Hutton provided information regarding the recent departure of the staff Chef position at Dumas Bay Centre. With reservations on the books for the rest of 2021, staff have secured a contract for catering services through Cafe Pacific. COUNCILMEMBER KOCHMAR MOVED APPROVAL OF THE PROPOSED CONTRACT; SECOND BY COUNCILMEMBER CRAFT Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes 8. ORDINANCES The motion passed unanimously as follows: Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes First Reading a. Council Bill #81 3/Ord i n ance: Ado r)tina 2021 Kino County Surface Wafer Des ien Manual (KCSWDM) AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PHASE II PERMIT REQUIREMENTS; AMENDING FWRC 16.20.010 AND 16.25.010 (AMENDING ORDINANCE NOS. 99-352, 09-630, 16-828). Public Works Director EJ Walsh provided the report on this item requesting Council adopt the 2021 King County Surface Water Design Manual and the 2021 City of Federal Way Addendum to the King County Surface Water Design Manual. Mr. Walsh provided the background and key changes in both the King County Manual and the City of Federal Way Addendum to the manual. No public comment was received. City Clerk read the ordinance title Federal Way City Council Regular Minutes Page 5 of 7 November 3, 2021 COUNCILMEMBER BAURSO MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE NOVEMBER 16, 2021 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; SECOND BY COUNCILMEMBER CRAFT. The motion passed unanimously as follows: Council President Honda yes Councilmember Craft yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Kochmar yes Councilmember Tran yes b. Council Bill #8141Ordinance: Revising FWRC 6.35.030 relating to Pedestrian Interference AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO PEDESTRIAN INTERFERENCE AND OBSTRUCTIONS WITHIN PUBLIC RIGHTS - OF -WAY; AMENDING FWRC 6.35.030. (AMENDING ORDINANCE NOS. 20-887, 15- 802, 15-784, 11-697, 08-576, 05-509, 94-214, AND 91-89) Assistant City Attorney Joanna Eide provided background on this proposed ordinance and how it aligns and clarifies existing code language. She noted the city regulates public property including parks, rights -of -way, sidewalks and benches. In response to citizen concerns staff was directed to bring recommendations forward to address safe and effective use of public property. Ms. Eide noted the proposed ordinance adds language explicitly prohibiting specific activity and adds clear exemptions for restrictions for people with disabilities, or activities with an issued permit. The ordinance would also add a definition of "sidewalk" as it is currently defined in the FWRC for consistency and clarity. She further defined the enforcement, follows current case law, clarifies existing language for enforceability and adds detail and provisions to ensure sidewalks and other areas within the public rights -of -way are not obstructed and may be used by the public as intended. Council thanked Ms. Eide for the presentation. Multiple Councilmembers asked for clarification regarding criminalizing homelessness and asked for the Police Chief to provide feedback on the current laws regarding pedestrian interference. Chief Hwang answered questions regarding the enforceability of the current ordinance and the current procedure the department follows. Discussion continued. City Attorney Call clarified there has been recent changes to the law and this is an attempt to clarify the law and ensure the public can use the sidewalks and benches as they are intended too; which is not for long-term use or for sleeping. Mayor Ferrell noted this was in response to an uptick in citizen complaints regarding interference and safety concerns in the rights -of -way. Public Comment. Jack Walsh expressed support for this ordinance stating that sidewalk obstructions impact businesses and those trying to use these businesses. Ken Blevens gave his support for this ordinance, and feels this will help with what he believes to be a public health crisis in Federal Way. He believed the city should be walkable to everyone. Federal Way City Council Regular Minutes Page 6 of 7 November 3, 2021 City Clerk read the ordinance title COUNCILMEMBER KOCHMAR MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE NOVEMBER 16, 2021 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; SECOND BY COUNCILMEMBER HONDA. The motion fails 4-3 as follows: Council President Honda yes CouncilmemberAssefa-Dawson no Councilmember Baruso yes Councilmember Tran no 9. COUNCIL REPORTS Councilmember Craft no Councilmember Moore no Councilmember Kochmar yes Councilmember Assefa-Dawson, Councilmember Tran and Councilmember Moore had no report. Councilmember Baruso thanked staff for the DEI position presentation. Councilmember Craft thanked all that participated in public comment and is looking forward to in - person meetings. Councilmember Kochmar noted her excitement for the upcoming holidays and a community tree lighting event this year. She inquired if the city could provide funds to the Multi -Service Center for meals for those in the community who are in need. She was also pleased to attend the ground- breaking event for the new Lakehaven Administration Building on 320th which has been planned for over 40-years. Council President Honda is excited to return to in -person meetings as she has struggled with connectivity issues with zoom. She is concerned over rules for restaurants ion King County to verify vaccination' status for patrons; she feels this hinders business and encourage restaurant owners to track and show losses for those they have had to turn away. 10. EXECUTIVE SESSION ❑n+c..,+i�1 1 ; "'; #a"H PS 1 Rt to iJGVV 42.30. 110�{, not needed •--RFepe4y�-Aoq i,rtieePUFsua #4G-RGk4Aa-3G418(i)4b) not needed 11.ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 9:04 p.m. Attest: Stephanie Courtney City Clerk Approved by Council Federal Way City Council Regular Minutes Page 7 of 7 November 3, 2021 CITY OF Federal Way CITY COUNCIL SPECIAL MEETING MINUTES Remote Meeting November 3, 2021 — 5:30 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order 5:30 p.m. City officials in attendance: Mayor Jim Ferrell, Council President Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Greg Baruso, Councilmember Hoang Tran, Councilmember Leandra Craft, and Councilmember Linda Kochmar. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney. 2. EXECUTIVE SESSION At 5:32 p.m. Mayor Ferrell announced the Council would recess into executive session for the purpose of discussing potential litigation pursuant to RCW 42.30.110(1)(i) and property acquisition pursuant to RCW 42.30.110(1)(b) for approximately 35 minutes. • Potential Litigation pursuant to RCW 42.30.110(1)(i) • Property Acquisition pursuant to RCW 42.30.110(1)(b) Councilmember Moore joined the meeting at 5:35 p.m. 3. ADJOURNMENT There being nothing further on the agenda; the special meeting was adjourned at 6:56 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Special Minutes Page 1 of 1 November 3, 2021 5b COUNCIL MEETING DATE: November 16, 2021 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2021 Transportation Improvement Board (TIB) Complete Streets Grant Funding Application POLICY QUESTION: Should the Council authorize the Public Works Department to submit a 2021 Transportation Improvement Board (TIB) Complete Streets grant funding application for ADA improvements in City Center? COMMITTEE: Land Use & Transportation Committee MEETING DATE: Nov 1, 2021 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business Resolution ❑ Other STAFF REPORT BY: Jason Kennedy, Sr. Traffic Engineer�� DEPT: Public Works Attachments: 1. Staff Report Memo Options Considered: 1. Authorize the Public Works Department to submit a 2021 Transportation Improvement Board (TIB) Complete Streets grant funding application for Americans with Disabilities Act (ADA) improvements in City Center. 2. Do not authorize and vide direction to staff, MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: t mua a uate Initial/Date z-[ IMP -Lk COMMITTEE RECOMMENDATION: I move to forward the Option I to the November 16, 2021 consent agenda for approval. �t7C]�t7V 1 V l0. ZOOM AIDWV4 eA 1 k -- D7 0 { Wt Ck 1 D, Z w "Oreg Baruso, Committee Chair Martin Moore, Committee Member pang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move approval of authorizing staff to apply for a Transportation Improvement Board Complete Streets Grant for ADA improvements in City Center. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2020 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: October 21, 2021 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Directo&4__� Jason Kennedy, Senior Traffic Engineer SUBJECT: 2021 Transportation Improvement Board (TIB) Complete Streets Grant Funding Application FINANCIAL IMPACTS: This project is part of the Citywide ADA retrofits project in the Transportation Capital Fund (Project 228) and is funded by $200,000 LIFT funds and $200,000 of Motor Vehicle Excise Tax. Any funds received from this Complete Streets Grant will be added to the project funds and help make up the unfunded needs identified in the Capital Improvement Plan (CIP). Awards are anticipated to range between $100,000 and $1,000,000 and therefore the exact amount the City could receive is not yet determined. There are no additional on -going expenses as this is replacement of existing facilities and no additional matching funds are required beyond those already identified in Project 228. BACKGROUND: In 2019, the Public Works Department was awarded TIB Complete Street grant funding to upgrade the curb ramps and pedestrian signal push buttons at the intersection of S 320" Street and Pacific Highway South to meet current ADA standards. The 2019 funding only addressed a small portion of these needs in City Center. In order to be considered for a Complete Streets award, the local agency must receive a nomination from at least one of the nominating partners, which include board approved state agencies and non-profit organizations that have an interest in transportation or complete streets. The City, if authorized by City Council to submit an application for this funding, will have to first submit requests to these nominating agencies and organizations, and then if a nomination is received from one of these organizations, the City will apply to TIB for the Complete Streets grant funds. Proposal: Public Works is requesting authorization to apply for 2021 TIB Complete Streets grant funds to address the ADA upgrade needs in the City Center (Option 1 below). Option 1— Authorize the Public Works Department to Apply for 2021 TIB Complete Streets Grant Funds This option would authorize the Public Works Department to apply for 2021 TIB Complete Streets grant funds. Option 2 — No Action This option would not authorize the Public Works Department to apply for 2021 TIB Complete Streets grant funds. cc: Project File Day File 5c COUNCIL MEETING DATE: November 16, 2021 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: S 348Tn ST NHS PRESERVATION PROJECT - PRELIMINARY DESIGN PHASE REPORT POLICY QUESTION: Should the City Council authorize staff to proceed with design of the S 348`I' St NHS Preservation Project and return to LUTC and Council for final design and bid authorization and further reports? COMMITTEE: Land Use and Transportation MEETING DATE: November 1, 2021 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jeff Huynh, Capital Engineer /� DEPT: Public Works ...... ............ _ ...................... _.............._.. Attachments: Memorandum to Land Use and Transportation Committee dated November 1, 2021. Options Considered: 1. Authorize staff to proceed with design of the S 348"' St NHS Preservation Project and return to LUTC and Council for final design and bid authorization and further reports. 2. Do not authorize staff to proceed with design of the S 34P St NHS Preservation Project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the November 16, 2021 Council Consent Agenda for approval. MAYOR APPROVAL: a je)771DIRECTORAPPROVAL:§�/14-- Co cc llmil u ' iAlilal t7alCi7ate Iaitiai Datt 1DjtL:li f7atr COMMITTEE RECOMMENDATION: I move to forward Option 1 to the November 16, 2021 consent agenda for approval. Greg Baruso, Committee Chair Martin Moore, Committee Member H*'& Tran, Committee Member PROPOSED COUNCIL MOTION: "I move to authorize staff to proceed with design of the S 3481h St NHS Preservation Project and return to LUTC and Council for final design and bid authorization and further reports. " BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 1I/2020 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: November 1, 2021 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P. E., Public Works Director Jeff Huynh, Capital Engineer SUBJECT: S 348"' St NHS Preservation Project — Preliminary Design Phase Report Financial Impacts: The cost to the City for S 348t' St NHS Preservation Project was included within the approved budget under the Capital Improvement Plan for Transportation Systems, Project #36241. In accordance with the approved budget, this item is funded by National Highway System (NHS) Asset Management grant in the amount of $945,000 and $171,000 from the Arterial Street Fund (102). Upon completion of the project, ongoing costs associated with operations and maintenance will be performed and funded through street maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. Background Information: This project provides replacements of existing curb ramps and pedestrian push buttons to meet current ADA standards; full width planing bituminous pavement; HMA pavement repair; 2 %" thick HMA overlay; removal and replacement of existing dual -faced sloped mountable curb; replacement of traffic signal detection loops; channelization; and utility adjustments. The following provides a brief synopsis of the progress on this project to date. Currently the project design is approximately 30% complete, which includes the following completed tasks: • Topographic Survey • Project Design to 30% • WSDOT Coordination Ongoing tasks include: • Utility Coordination • Preliminary Contract Specifications • Project Design to 90% • NEPA Application & Approval Project Estimated Expenditures Design (in house with survey) $ 90,000.00 2023 Construction Costs $ 821,000.00 10% Construction Contingency $ 82,100.00 Construction Management & Inspection $ 122,900.00 Estimated Total Project Costs $1,116,000.00 Rev. 6/2020 November 1, 2021 Land Use and Transportation Committee S 3481 St NHS Preservation Project — Preliminary Design Phase Report Page 2 Project Available Funding Grant (NHS) Asset Management $ 945,000.00 Fund 102 (Motor Vehicle Fuel Tax) $ 171,000.00 Total Available Budget $1,116,000.00 As we proceed with the project design, the total project costs will be refined and presented to the Committee and Council for final design, bid authorization, and further reports. Staff anticipates bidding this project in October 2022 (pending agency approvals). 5d COUNCIL MEETING DATE: November 16, 2021 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: MILITARY ROAD S PRESERVATION PROJECT — PRELIMINARY DESIGN PHASE REPORT POLICY QUESTION: Should the City Council authorize staff to proceed with design of the Military Road S Preservation Project and return to LUTC and Council for final design and bid authorization and further reports? COMMITTEE: Land Use and Transportation MEETING DATE: November 1, 2021 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jeff Huynh. DEPT: Public Works Attachments: Memorandum to Land Use and Transportation Committee dated November 1, 2021. Options Considered: 1. Authorize staff to proceed with design of the Military Road S Preservation Project and return to LUTC and Council for final design and bid authorization and further reports. 2. Do not authorize staff to proceed with design of the Military Road S Preservation Project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the November 16, 2021 Council Consent Agenda for approval. MAYOR APPROVAL: Initial ' DIRECTOR APPROVAL; •!— t-L-A-W-T-t Initial+Date COMMITTEE RECOMMENDATION: I move to forward Option I to the November 16, 2021 consent agenda for approval. rej Baruso, Committee Chair Martin Moore, Committee Member Hoan Tran, Committee Member PROPOSED COUNCIL MOTION: "I move to authorize staff to proceed with design of the Military Road S Preservation Project and return to LUTC and Council for final design and bid authorization and further reports. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE') COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2020 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: November 1, 2021 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director=� Jeff Huynh, Capital Engineer SUBJECT: Military Road S Preservation Project — Preliminary Design Phase Report Financial Impacts: The cost to the City for Military Road S Preservation Project was included within the approved budget under the Capital Improvement Plan for Transportation Systems, Project #36236. In accordance with the approved budget, this item is funded by a federal Surface Transportation Program (STP) grant in the amount of $600,000 and $650,000 from the Arterial Street Fund (102). Upon completion of the project, ongoing costs associated with operations and maintenance will be performed and funded through street maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. Background Information: This project provides improvements of Military Road S (South City Limits to S 320a' St) of an HMA overlay including upgrade of facilities to meet ADA standards, pavement repair, and pavement markings. The following provides a brief synopsis of the progress on this project to date. Currently the project design is approximately 30% complete, which includes the following completed tasks: • Topographic Survey • Project Design to 30% • WSDOT Coordination Ongoing tasks include: • Utility Coordination ■ Preliminary Contract Specifications • Project Design to 90% • NEPA Application & Approval Project Estimated Expenditures Design (in house with survey) $ 50,000.00 2023 Construction Costs $1,000,000.00 10% Construction Contingency $ 100,000.00 Construction Management & Inspection $ 100 000.00 Estimated Total Project Costs $1,250,000.00 Rev. 6/2020 November 1, 2021 Land Use and Transportation Committee Military Road S Preservation Project - Preliminary Design Phase Report Page 2 Project Available Funding Grant (PSRC) $ 600,000.00 Fund 102 Motor Vehicle Fuel Tax S 650.000.00 Total Available Budget $1,250,000.00 As we proceed with the project design, the total project costs will be refined and presented to the Committee and Council for final design, bid authorization, and further reports. Staff anticipates bidding this project in October 2022 (pending agency approvals). 5e COUNCIL MEETING DATE: November 16, 2021 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: GREENWAY PAVEMENT MARKINGS PHASE 2 (2021) PROJECT —FINAL ACCEPTANCE POLICY QUESTION: Should the City Council accept the Greenway Pavement Markings Phase 2 (2021) Project constructed by Northwest Traffic, Inc. as complete? COMMITTEE: Land Use and Transportation MEETING DATE: November 1, 2021 CATEGORY: N Consent ❑ Ordinance ❑ City Council Business ❑ Resolution STAFF REPORT BY: Jeff Huynh, Capital Engineer ❑ Public Hearing ❑ Other DEPT: Public Works Attachments: Memorandum to Land Use and Transportation Committee dated November 1, 2021. Options Considered: 1. Authorize final acceptance of the Greenway Pavement Markings Phase 2 (2021) Project constructed by Northwest Traffic, Inc., in the amount of $210,660.00 as complete. 2. Do not authorize final acceptance of the completed Greenway Pavement Markings Phase 2 (2021) Project constructed by Northwest Traffic, Inc., as complete and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the November 16, 2021 Council Consent Agenda for approval. MAYOR APPROVAL: Io 7 DIRECTOR APPROVAL: ifj(� ot-L-1I-WZ'� C ninitt C'oun �� Initial/Date Initial,Date41 e�ifial I aw COMMITTEE RECOMMENDATION: I move to forward Option 1 to the November 16, 2021 consent agenda for approval. �1 ��,( U Gn ,►1e yf� C� Zoe_Dail�i�. Greg Baruso, Committee Chair Martin Moore, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move to authorize final acceptance of the Greenway Pavement Markings Phase 2 (2021) Project constructed by Northwest Traffic, Inc., in the amount of $210, 660.00 as complete. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11 /2020 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: November 1, 2021 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Leff Huynh, Capital Engineer SUBJECT: Greenway Pavement Markings Phase 2 (2021) Project —Final Acceptance Financial Impacts: This is the acceptance of the construction project as complete, therefore, no additional funds are proposed to be spent as part of this agenda item. Background Information: Prior to release of retainage on a Public Works construction project, the City council must accept the work as complete to meet State Department of Revenue, State Department of Labor and Industries and Employment Sdcurity Department requirements. The Greenway Pavement Markings Phase 2 (2021) Project contract with Northwest Traffic, Inc., is complete. The final construction contract amount is $210,660.00. This is $41,382.00 below the $252,042.00 (including contingency) budget that was approved by the City Council on May 18, 2021. Rev. 6/2020 COUNCIL MEETING DATE: November 16, 2021 ITEM #: 5f CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RESOLUTION: ADOPTING A WORK PLAN AND PUBLIC PARTICIPATION PLAN FOR UPDATING THE COMPREHENSIVE PLAN AND DEVELOPMENT REGULATIONS, PURSUANT TO RCW 36.70A.130. POLICY QUESTION: Should the City Council approve the draft Public Participation Plan for the Comprehensive Plan Periodic Update? COMMITTEE: LUTC CATEGORY: ❑ Consent ❑ Ordinance ❑ City Council Business ® Resolution STAFF REPORT BY: Keith Niven, Planning Manager Attachments: 1. Staff Report 2. Resolution MEETING DATE: November 1, 2021 ❑ Public Hearing ❑ Other DEPT: Community Development Options Considered: 1. Approve proposed resolution. 2. Do not approve proposed resolution and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL' �j ,� DIRECTOR APPROVAL: 10/21/21 • wlisill Cuuu of a/ Initial/Date Saitia110a1 Inilial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed resolution to the November 16, 2021 consent agenda for approval. Committee Chair Committee Member atnrrlittee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed resolution. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: El APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: November 1, 2021 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor Brian Davis, Community Development Director FROM: Keith Niven, Planning Manager ID _ SUBJECT: Adopting a work plan and public participation plan for updating the Comprehensive Plan and develo ment regulations, pursuant to RCW 36.70A.130. Financial Impacts: N/A Background Information: Cities and counties planning under the Growth Management Act (GMA) are required to periodically update both their comprehensive plans and development regulations (codes). The city's last periodic update occurred in 2015 and the current update needs to be approved by June 2024. As part of the process, GMA states: Each county and city that is required or chooses to plan under RCW 36.70A.Odd shall establish and broadly disseminate to the public a public participation program identifying procedures providing for early and continuous public participation in the development and amendment of comprehensive land use plans and development regulations implementing such plans. The procedures shall provide For broad dissemination of proposals and alternatives, opportunity for written comments, public meetings after effective notice, provision for open discussion, communication programs, information services, and consideration of and response to public comments. To meet this requirement, the proposed Public Participation Plan (Attachment A) contemplates utilizing many of the following methods to better reach as large a proportion of the community as possible: 1. Webpage. Create a periodic update page that would identify ways for the community to get involved and to share their opinions and ideas. 2. Ad hoc Committee. Create an ad hoc Committee that would meet monthly and ensure the public engagement process is meeting its expectations for reaching a diverse population and ensure the update is progressing to meet the .tune 2024 deadline for adoption. 3. Task forces. Create three Task forces, one for each of the following: Climate, S. Station, and City Center. The Task forces will serve as subject -matter experts and will meet for approximately eight months to discuss appropriate Goals and Policies for these new chapters. 4. Large-scale.public meetings such as open houses, town halls, and public hearings. 5. Small-scale meetings such as table at the Farmer's Market and Movies in the park, presentations in classes to students, presentations to the Chamber, drive-thru open house, Planners in a park, etc. 6. Citywide mailings. 7. Utilizing the city's commissions as a resource. 8. Seek out community Ieaders to help reach various ethnic, cultural, and other diverse community groups that are typically less involved in city outreach efforts. Rev. 6/2020 I November 2021 Land Use and Transportation Committee ADOPTING A WORK PLAN AND PUBLIC PARTICIPATION PLAN FOR UPDATING THE COMPREHENSIVE PLAN AND DEVELOPMENT REGULATIONS, PURSUANT TO RCW 36.70A.130. Page 2 Planning Commission Recommendation The Planning Commission was briefed on the proposed Public Participation Plan on October 20, 2021. Following an opportunity for public comment and discussion, the Planning Commission recommended approval of the proposed Public Participation Plan. Not included in the motion, the Planning Commission discussed the potential merits of adding a chapter that addressed the city's culture and diversity. t1LL'd1:11111G11L 1-1 Comprehensive Plan Periodic Update October 2021 Federal Way 2024-2044 tiLLQL;11111G11L tt I. Background Federal Way adopted an Interim Comprehensive Plan at the time of incorporation in February of 1990. In November of 1995, after a three-year planning process with much public involvement, Federal Way adopted its first GMA-compliant comprehensive plan (FWCP). The ideas in the FWCP were developed through discussion, debate, and the creative thinking of thousands of Federal Way citizens, working with City staff and elected officials. Consistent with the GMA, the City of Federal Way provided early and continuous opportunities for citizens to participate. The last periodic update of the Comprehensive Plan occurred in 2015. The city is again updating its Comprehensive Plan — setting the vision and the plan for the city to 2044. Under the Revised Code of Washington (RCW) 36.70A.130, the city of Federal Way is required to: (1) plan for the succeeding 20-year population and employment growth forecast, and (2) update its comprehensive plans and development regulations to ensure the plan and regulations comply with the requirements of the Growth Management Act (GMA). Specifically, RCW 36.70A.140 states that: "Each county and city that is required or chooses to plan under RCW 36.70A.040 shall establish and broadly disseminate to the public a public participation program identifying procedures providing for early and continuous public participation in the development and amendment of comprehensive land use plans and development regulations implementing such plans." The overarching goal of this participation plan for the 2024 periodic update is to accomplish that requirement listed above and generate a comprehensive plan that ensures a high quality of life and access to opportunities for all community members. Il. Process Overview The City is planning for the update process to span approximately 2'/2 years, beginning in January 2022 and ending in June 2024. See Attachment 1 (Project Timeline) and Attachment 2 (Master Schedule). Public engagement is a key component of this effort and is vital for its success. This plan will enumerate the state and local requirements for public participation and emphasize efforts to connect with and engage historically underserved communities. Federal Way 2024-2044 t1LLdU11111G11L ti Staff will pair a formal process such as hearings and city -organized open houses with a less formal approach to public outreach. More casual approaches to gathering feedback will be used by making greater use of alternative strategies for outreach such as getting on the agendas of and presenting at existing meetings, using videos to help get the word out, attending community events, and hosting pop-up meetings in varied places. For the less formal effort, more focus will be placed on going to "where people are" as opposed to inviting people to join in a traditional city setting. This double -pronged approach will help ensure the city reaches those more familiar with current city -hosted events and processes as well as groups and populations underrepresented in the planning process. These efforts will ensure the planning process is truly open and that participant input is convenient, authentic, and integrated into the plan update. The Federal Way Planning Commission will serve as the backbone of the review process. But, the process will engage a number of stakeholders, will include task forces and other city commissions and there will be opportunities to connect many groups that may rarely interact. As chapters are updated, all draft documents will be posted to the project webpage for public review. The city will also be completing a State Environmental Policy Act (SEPA) review as part of the project and there will be opportunities for the public to provide comment. All public comments received will be compiled and be taken into consideration throughout the progression of this process. III. Goals Federal Way's Comprehensive Plan represents the vision of the community for the next 20 years. It is used to guide decisions by city staff, the Mayor, and the City Council. For this reason, it is vitally important to hear from as many people and to get participation from as broad a spectrum of the community as possible. With the support of the Mayor, the Community Development Department is keen on reaching as many people as possible during the update planning process and engaging the public's interest to a greater degree than has been achieved in the past. Federal Way 2024-2044 t1LLUU11111G11L 1A IV. Diversity, Equity, and Inclusion Planning decisions have historically instituted social and racial inequities and can perpetuate these outcomes. To equitably engage with a diverse population, city staff will work with community leaders and organizations in connection with historically excluded and underrepresented populations, insure access by translating documents, offering interpretation services and applying an equity lens to be deliberately inclusive of underserved populations while implementing the methods of engagement below. V. Prol2osed Methods/Timing for engaging, the communit ScopeWhat 1. Planning Commission Review all chapters, recommendation to Council 2. Comprehensive Plan Update ad Jan 2022-June 2024. Appointment by Mayor & hoc Committee meet monthly. Keep project on track; review drafts; recommend improvements throughout the 3. Stakeholder Engagement - School District - Seniors - Youth groups - Chamber - Faith -based organizations - Community and non- profit organizations - Equity and social justice advocacy groups Development community - Local and regional housing advocates and organizations - SKHHP process. Individual meetings held in 2022 to hear from specific sectors of the community through the following methods: Interviews will be used to gather in-depth feedback from key stakeholders. Interviews may occur using a variety of communication tools including phone calls, video conferencing, or in person. 4. Task Forces Task forces are time -bound and outcome -focused groups that are convened to support and guide staff in planning efforts relating to the newly -formed Chapters of the Comprehensive Plan. The task forces will be appointed by the Mayor and will focus on the goals/policies/implementation strategies. There are 3 planned Task Forces: Climate, City Center, and S. Station. 5. Webpage Setup by 11/21 Lobby or equivalent Survey & notice sign up Federal Way 2024-2044 1ALLcll:1 IXUL t1 - GIS storyboard - Short topical videos 6. Project Initiation survey Available from webpage 7. Open House Events Provide an in -person opportunity to learn about the process, engage with staff, and provide feedback. Two Open House Events will be located in different parts of the city. 8. Community Pop-up Events and Pop-up events and tabling are methods for city staff Tabling to go out in the public and attend events where the community gathers. Events include but are not limited to the Farmer's Market, Movies in the Park and Holiday events. Staff will provide informational materials, engage in dialogue and solicit feedback. 9. Community walk A community walk is a method where a staff -led community group walks through a neighborhood of interest to map out and collect information about the neighborhood's resources and dynamics. Combining this walk with interviews of community members and residents is an opportunity for supplemental and qualitative information not otherwise collected in a target area. Two main areas of interest are the City Center and & South Station. 10. Human Services Commission 8 months — goals/policies/implementation 11. Diversity Commission 4 meetings + joint meeting w/ Planning Commission 12. Workshops The Workshops are an opportunity for the city to host a %z-day community meeting where, following a short presentation, participants are asked to work in small groups and provide responses to specific topics. Workshops are anticipated for an overall Visioning exercise, and for the S. Station area. 13. Quarterly LUTC updates 2022 & 2023 14. Virtual Town Hall Online forum for more detailed discussions on specific Chapters to the Comprehensive Plan and the overall process. IQ 2022, 4Q 2023 15. SEPA review 4Q 2023 t1LLUU11111CIA ti Attachment 1: Public Participation Project timeline ■ PR03ECT LAUNCH 41 Webpage Q4 2021 Initatition Survey Visioning Workshop Q1 2022 Virtual Townhall Q1 2022 Open House TBD Stakeholder interviews On Going Community Walks TBD COMMUNITY ENGAGEMENT SEPA Q1,2024 PLAN ADOPTION COMMUNITY ENGAGEMENT Open House TBD Virtual Townhall Q4, 2023 Pop Up Events TBD Federal Way 2024-2044 t1LL'UUM11G11L ti Attachment 2: Master schedule Periodic Update_ Master Schedule 2021 2022 2023 2024 Comprehensive Plan Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Level of Public Tasks/Element New Major Minor Participation .Scope, Kickoff & Website 0 Public Participation Plan 2 • #1 Introduction ✓ 2 ^_ #2 Land Use ✓ 1 * #3 Transportation ✓ 2 #4 Economic Development ✓ 1 #5 Housing ✓ 2 #6 Capital Facilities ✓ 1 • * Centers ✓ 3 #7 City Center ✓ ✓ 3 • :South Station ✓ 3 2 #12 Twin Lakes ✓ 0 • #8 PAAs ✓ 1 #9 Natural environment ✓ 2 #10 Private Utilities ✓ 1 #11 Shoreline Master Program ✓ 1 Human Services ✓ 3 Climate ✓ 3 Implementation ✓ 0 Glossary ✓ 0 Review 'SEPA ,Approval Public Participation Level 1 Minimum: Planning Commission, Public Hearings, info on website 2 Additional: All above subject -specific outreach and events 3 Extensive: All above and targeted outreach, property owners, pop-up meeting, Open House, etc. *Dark color indicates review by Planning Commission NEW. Federal Way 2024-2044 RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington, adopting a work plan and public participation for updating the Comprehensive Plan and development regulations, pursuant to RCW 36.70A.130. WHEREAS, the Washington Growth Management Act (GMA) is a series of state statutes, first adopted in 1990, that requires fast-growing cities and counties to develop a comprehensive plan to manage their population growth; and WHEREAS, GMA requires that comprehensive plans and development regulations shall be subject to continuing evolution and review; and WHEREAS, the city of Federal Way, King County, and other jurisdictions within the county adopted Countywide Planning Policies to provide a general framework for the implementation of the GMA within King County; and WHEREAS, in order to implement the requirements and goals of the GMA and the Countywide Planning Policies, the city of Federal Way adopted its first GMA-compliant comprehensive plan in 1995. The ideas were developed through discussion, debate, and the creative thinking of thousands of Federal Way citizens, working with City staff and elected officials and included appropriate public notice, involvement, and environmental review; and WHEREAS, Federal Way Revised Code Chapter 19.80 establishes a public process for amending the comprehensive plan; and WHEREAS, the city's Comprehensive Plan has been amended regularly since its adoption in 1995; and Resolution No. 21- Page 1 of 3 Rev 1/21 WHEREAS, cities and counties fully planning under RCW 36.70A.040 must complete a periodic update for their entire comprehensive plan and development regulations, including those related to critical areas and natural resource lands; and WHEREAS, the city's last periodic update occurred in 2015; and WHEREAS, the city must complete the scheduled periodic update of its Comprehensive Plan by June 2024; and WHEREAS, the focus of Federal Way's 2024-2044 periodic update is to extend the city's planning horizon to 2044; comply with regional and state requirements; and, include new chapters for Human Services, Climate, and Centers; and WHEREAS, a Public Participation Plan has been developed to provide the public with early and continuous opportunities for those interested to participate in the update process; and WHEREAS, a work program Master Schedule has been included in the Public Participation Plan to complete all revisions to the Comprehensive Plan and development regulations by June 2024; and WHEREAS, the Human Services Commission met on October 18, 2021 to discuss the inclusion of a Human Services chapter in the Comprehensive Plan; and WHEREAS, the Planning Commission were briefed on the draft Public Participation Plan on October 20, 2021, and recommend its approval. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Resolution No. 2 1 - Page 2 of 3 Rev 1/21 The Public Participation Plan and the Master Schedule for the 2024 city of Federal Way Comprehensive Plan update (Attachment A) is hereby approved as the basis for developing the periodic update of the Comprehensive Plan. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of 120. CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 21- Page 3 of 3 Rev 1/21 COUNCIL MEETING DATE: November 3, 2021 ITEM #: 6 a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PUBLIC HEARING REGARDING 2021/2022 BIENNIAL BUDGET ADJUSTMENT AND 2022 PROPERTY TAX LEVY POLICY QUESTION: N/A COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ® Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: DEPT: Attachments: 1. 2021/2022 Mid -Biennium Budget Adjustment Calendar 2. 2021/2022 Budget Amendment Staff Memo Summary/Background: Public Hearing on the 2021/2022 Proposed Biennial Budget Adjustment and 2022 Property Tax Levy as required by RCW 35A.34. As required by state law, cities adopting biennial budgets must review and make necessary adjustments to their adopted budget before the end of the first biennium. Staff will present to Council the recommended adjustments and Council will commence the budget deliberation process. Comments from the public will be accepted at this meeting. The calendar for budget deliberation has been published and is attached. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A DIRECTOR APPROVAL: a ZI 7t Committee • C ncil 1 niallRale Initial/Date Initial Date COMMITTEE RECOMMENDATION: N/A N/A N/A N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: N/A BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # 41k CITY OF Federal Way Centered on Opportunity FEDERAL WAY CITY COUNCIL 2021/2022 MID -BIENNIUM BUDGET ADJUSTMENT MEETINGS The following is the meeting schedule to consider the City of Federal Way's 2021/22 Mid -Biennium Budget Adjustment and 2022 Property Tax Rate. Please check the city website for the virtual meeting options located on each meeting agenda. TUESDAY, OCTOBER 26, 2021 at 5:00 p.m. Finance/Economic Development/Regional Affairs Council Committee Discussion on the 2021-2022 Mid -Biennium Budget Adjustment and 2022 Property Tax Rate WEDNESDAY, NOVEMBER 3, 2021* at 6:30 p.m. City Council Regular Meeting PUBLIC HEARING 2021-2022 Mid -Biennial Budget Adjustment (required by RCW 35A.34); and 2022 Property Tax Levy TUESDAY, NOVEMBER 16, 2021 at 6:30 p.m. City Council Regular Meeting PUBLIC HEARING Continued from November 3, 2020 — 2021-2022 Mid- Biennial Budget Adjustment and 2022 Property Tax Levy • Introduction Ordinance/2021-2022 Mid -Biennial Budget Adjustment • Introduction Ordinance/2022 Property Tax Levy TUESDAY, DECEMBER 7, 2021 at 6:30 p.m. City Council Regular Meeting Enactment Ordinance/2021-2022 Mid -Biennial Budget Adjustment Enactment Ordinance/2022 Property Tax Rate Resolution/2022 Fee Schedule PUBLIC COMMENT WILL BE ACCEPTED AT ALL MEETINGS. This schedule will be published in the Official City Newspaper per RCW requirements Stephanie D. Courtney, CMC, City Clerk " Date change per Council Rules of Procedure 2.1(a) for election night. Published in the Federal Way Mirror: October 23, 30 & November 6, 2021. CITY OF Federal Way Centered on Opportunity MEMORANDUM DATE: October 26, 2021 TO: Finance, Economic Development & Regional Affairs Committee Members VIA: Jim Ferrell, Mayor FROM: Steve Groom, Finance Director Chase Donnelly, Deputy Finance Director SUBJECT: 2021/2022 Budget Amendment This ordinance is to amend the budget to reflect subsequent changes that have occurred during the year, and projects or items that are upcoming in 2021 and 2022. Some adjustments are for council -approved items that simply need an accompanying budget amendment. All departments have accumulated needed budget changes that respond to circumstances that were not known at the time of adoption. Finance has reviewed, consolidated for all funds and recommends approval. Background Information: The 2021/2022 Adopted Budget was approved and adopted on December 111, 2020. The 2021/2022 budget was amended on June 15th, 2021 to reflect December 2020 ending fund balance, roll over appropriation for projects that were not completed, and to fund changes that had occurred during the year. A city must review and modify the budget before the end of the first year of the biennium per RCW 35.34.130 and 35A.34.130. Financial Impacts: Maior Adiustments in the General Fund Includes: Description 2021 2022 Planning Consultant for S. Station sub -area plan $ - $ 150,000 Planning Printing, events, software - 30,000 Planning Public Engagement Consultant - 70,000 ITServices Increase 114,000 144,000 IT Backup/Disaster Recovery Carry -Forward (150,000)1 150,000 Risk Insurance, Settlement and Deductible Increase 580,747 225,657 13 FTE Police Officers, Records Specialists & Related Equipment and Services - 492,536 Body Worn Camera program 161,766 - Transfer out to FWCC Fund 700,000 250,000 'Transfer out to DBC Fund 150,000 - Transfer out to Street Fund - 89,149 'Transfer out to Unemployment Fund 100,000 'Total $ 1,656,513 $1,601,342 Rev. 7/18 WorAdlustments in Non -General Funds Includes; Description 2021 2022 Fund Curb Replacement Work $ 30,000 $ 101 Street Fund Software Upgrades 13,000 101 Street Fund Commute Trip Reduction (CTR) Transportation Planner position/KC CTR Services - 74,849 101 Street Fund Increased Electricity for Safe City Cameras 1,800 - 101 Street Fund Copper wire theft replacement 12,500 1 101 Street Fund Arterial Street Overlay program 810,000 186,000 102Art. Overlay Fund Transferoutto General Fund, TrafficSafety, &Jail Fund 457,763 202,373 103UTAXFund Affordable &Supportive Housing Services Carry -Forward (125,000) 125,000 104Affrd. & Supprt. Housing GAC Upgrade Carry -Forward (450,000) 450,000 107 Special Contr. Stud. Fnd. Reduction in operating expenditures for FWCC due to Covid-19 (200,000) 111 FWCC Fund Body Worn Camera program 583,0081 745,804 112Traffic Safety Fund 373rd & Pacific Hwy. Safety Improvements 40,000 - 112Traffic Safety Fund Transfer out to Transportation CIP for Street Light LED conversion payment of Interfund Loan 1,770,560 113 Real Estate Excise Tax Fund King County & SBA Shuttered Venue Grant expenditure for PAEC 102,860 215,673 115 PAEC Fund Arterial Street Overlay program for residential streets Carry -Forward (900,000) 900,000 116SWR 101% UTAX Fund CDBG projects and contracts with subrecipients delayed (846,133)1 846,133 119 CDBG Fund Building permit fees 25,0001 25,000 121 Technology Fund Amanda 7 Upgrade Carry -Forward (170,000)1 170,000 121Technology Fund Jail Services decrease (1,500,000) 122Jail Fund Shop Security Cameras 56,000 - 303 Parks CIP Fund Police gates - 40,000 303 Parks CIP Fund Lakota Parking lot 30,000 303 Parks CIP Fund Saghalie track 150,000 303 Parks CIP Fund Transportation CIP Projects 1,622,228 1 1,824,000 306Transportation CIP Fund 'Transfer out to Fleet & Equiipment Fund for purchase of littervacuum - 90,000 401 SWM Fund (Reduction in operating expenditures for DBC due to Covid-19 (260,000) 402 DBC Fund (Risk Insurance, Settlement, Deductible, and services Increase 580,747 228,104 501 Risk Fund IT Services Increase 146,622 144,000 502IT Fund IITBackup/Disaster Recovery Carry -Forward (150,000)1 150,000 502ITFund ILitter Vacuum and Increase in cost for 2 dump trucks 116,258 90,000 504 Fleet & Equip. Fund (Police vehicle expanded fleet and patrol cars - 1,702,000 504 Fleet & Equip. Fund Unemployment expenditures 100,000 - 507 Unemployment Ins. Fund Total $ 1,596,653 $8,659,4% Rev. 7/18 COUNCIL MEETING DATE: November 16, 2021 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PROGRAM YEAR 2022 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN POLICY QUESTION: Should City Council approve the Program Year 2022 Community Development Block Grant (CDBG) Annual Action Plan? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance © Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Sarah Bridgeford, Community Services Manager DEPT: Community Development Attachments: 1. Staff Report 2.2022 CDBG Annual Action Plan Options Considered: 1. Approve the proposed Program Year 2022 CDBG Annual Action Plan. 2. Do not approve proposed Program Year 2022 CDBG Annual Action Plan and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: N/A % DIRECTOR APPROVAL: 7 Committee Cn c� Initial/Date Initial/Date Initial Due COMMITTEE RECOMMENDATION: N/A. N/A N/A N/A Committee Chair Committee Member Committee Member EFIN PROPOSED COUNCIL MOTION: "I move approval of the Program Year 2022 CDBG Annual Action Plan with the conditions recommended by the Human Services Commission and authorize the Mayor to execute all necessary documents to implement the Plan and the corresponding funding agreements with the U.S. Department of Housing and Urban Development. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: October 19, 2022 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Sarah Bridgeford, Community Services Manager 6 Brittany Julius, CDBG/Human Services Coordinator SUBJECT: Program Year 2022 Community Development Block Grant (CDBG) Annual Action Plan Financial lm acts: The Program Year 2022 Community Development BIock Grant (CDBG) Annual Action Plan was included within the proposed budget under the Community Development Department. In accordance with the proposed budget, this item is funded by a grant from the U.S. Department of Housing and Urban Development (HUD) in the anticipated amount of $779,935. The grant will fully reimburse the costs incurred by the City to carry out the projects or to reimburse subrecipients for expenses incurred in carrying out the projects. Background Information: The Annual Action Plan is the annual work and spending plan for the City of Federal Way's CDBG funds from HUD. An Action Plan is required for each year of the 2020-2024 Consolidated Plan. The PY 2022 Action Plan is for the third year of the Consolidated Plan program period. The Annual Action Plan includes three areas of funding: Planning and Administration, Public Services, and Community Economic Revitalization Funding (CERF). PtLb1iC Services and Planning and Administration are subject to a cap determined by a percentage of the annual allocation, 15% and 20°/6 respectively. CERF is not subject to a cap, but typically represents die remaining 65% plus any program income. The Human Services Commission considered the Program Year 2022 Annual Action Plan at its regular meeting on October 18, 2021. Staff noted a change to the Housing Repair Program funding total from $204,835 to $204,935. The Human Services Commission voted 7-0 with 1 abstention from Commissioner Katherine Festa to "recommend the City Council approve the 2022 Annual Action as amended. In the event the annual grant amount from the U.S. Department of Housing and Urban Development is either less or more than anticipated, staff is authorized to make appropriate pro rata adjustments to the categories of Public Services, Planning and Administration, and CERF, provided that amounts do not exceed the amount requested; and additionally, staff may make technical amendments to incorporate final performance measures from 2021." CITY OF Federal Way Centered on Opportunity Community Development Block Grant (CDBG) 2022 Annual Action Plan Annual Action Plan 2022 OMB Control No: 2506-0117 (exp. 06/30/2018) Executive Summary AP-05 Executive Summary - 91.200(c), 91.220(b) 1. Introduction The City of Federal Way presents this Annual Action Plan for the 2022 Program Year Community Development Block Grant (CDBG) program funds. The City developed these funding decisions based upon Mayoral and City Council priorities, Human Services Commission recommendations, Community Services Division staff analysis, public hearing comments, program performance information, and consultation with various service agencies and other stakeholders. 2. Summarize the objectives and outcomes identified in the Plan The Consolidated Plan establishes local priorities consistent with national objectives and the US Department of Housing and Urban Development Community Development Block Grant (CDBG) program. The identified goals in this Consolidated Plan are: ■ Expand economic opportunities - increase local opportunities and create jobs. • Preserve affordable housing - ensure access to healthy, safe, affordable housing for low- and moderate -income households throughout the City and advance fair housing to address discrimination. Prevent and address homelessness - make homelessness rare, brief, and one-time and eliminate racial disparities. ■ Establish and maintain suitable living environments - create a healthy, integrated, and vibrant community by improving the well-being and mobility of low- and moderate -income residents through an array of services addressing basic needs and progress toward self-sufficiency. In addition, the 2022 Annual Action Plan provides for planning and the administration of the Community Development Block Grant program in order to meet community needs and HUD requirements. Strategies in the Consolidated Plan will be implemented with CDBG funds provided by HUD. Based on its 2021 formula allocation, the City estimates that approximately $779,935 in grant funds will be available in 2022. 3. Evaluation of past performance This is an evaluation of past performance that helped lead the grantee to choose its goals or projects. Performance data and evaluation will be added after the completion of the 2021 program year, which ends December 31, 2021. The COVID-19 pandemic has impacted the City and its citizens in numerous ways. CDBG funds have provided meaningful access to services allowing the City to meet the needs of Annual Action Plan 2022 OMB Control No: 2506-0117 (exp. 06/30/2018) 2 additional low- and moderate -income households. The added funding through the CARES Act is essential in meeting new and changing needs in the community while the annual CDBG funds have provided continued access to services. 4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan. The City had an established public participation process, as outlined below: Notice of Funds Available for PY2021/PY2022 CDBG Public Services funds was published in the Federal Way Mirror on February 28, 2020. ■ Notice of Funds Available for PY2021/PY2022 CDBG Public Services Funds extension was published in the Federal Way Mirror on March 20, 2020. ■ Notice of Funds Available for PY2022 CDBG Community Economic Revitalization Funding (CERF) was published in the Federal Way Mirror on June 25, 2021. Request for public comments and input was emailed to stakeholders and service agencies on October 8, 2021 seeking input through November 16, 2021. • A Notice of Public Hearing was published in the Federal Way Mirror on October 8, 2021, notifying the public of public hearings to be held on October 18, 2021 and November 16, 2021, and to announce the comment period on the 2022 Annual Action Plan. • An opportunity for public comment will be provided on October 18, 2021, before the Human Services Commission, to receive input on the 2022 Annual Action Plan. A public hearing will be held on November 16, 2021, before the Federal Way City Council, to receive input on the 2022 Annual Action Plan. 5. Summary of public comments Comments will be added when received. 6. Summary of comments or views not accepted and the reasons for not accepting them Should comments not be accepted, a summary will be provided including reasons for not accepting them. 7. Summary A summary will be added at the end of the public comment period. Annual Action Plan 2022 OMB Control No: 2506-0117 (exp. 06/30/2018) 3 PR-05 Lead & Responsible Agencies - 91.200(b) 1. Agency/entity responsible for preparing/administering the Consolidated Plan The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Agency Role I Name Department/Agency _ CDBG Administrator I FEDERAL WAY Community Services Division Table 1— Responsible Agencies Narrative The City of Federal Way, Community Services Division, is the lead agency for the CDBG Program. Sarah Bridgeford, Community Services Manager, is the program administrator. Brittany Julius, CDBG Coordinator, is the primary staff responsible for the day-to-day implementation of the program. Additionally, numerous non-profit agencies are responsible for administering programs funded by CDBG. These agencies and others were consulted during the development of the Annual Action Plan and are listed in the Consultation section of this document. Consolidated Plan Public Contact Information Brittany Julius CDBG Coordinator 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2651 (telephone) (253) 835-2609 (facsimile) Brittany.Julius@cityoffederalway.com Annual Action Plan 2022 OMB Control No: 2506-0117 (exp. 06/30/2018) 4 AP-10 Consultation - 91.100, 91.200(b), 91.215(I) 1. Introduction Consultation and citizen participation are important elements of the plan and its implementation. The City follows and regularly updates the Citizen Participation Plan (CPP) for the City of Federal Way Consolidated Plan to guide the process, provide opportunities for citizen involvement throughout the development of the Consolidated Plan, and provide input for the implementation and program evaluation phases in future years via Annual Action Plans. During the process of developing the 2022 Annual Action Plan, organizations (both public and private) were consulted and local groups participated in providing input on needs and proposed strategies. The City of Federal Way is an active partner and participant in local and regional community development and human services efforts. The City engages in ongoing coordination between other cities in South King County that have common interests and needs for community development, as well as public policy organizations, housing providers, health providers, service agencies, and faith -based organizations that are extensively involved in providing support to low- and moderate -income persons and households. The City works with other members of the King County Consortium (Consortium) to conduct and participate in ongoing meetings with stakeholders, public housing authorities (PHAs), including the King County Housing Authority, and for the Continuum of Care, nonprofit housing and service providers, members of the Housing Development Consortium of Seattle -King County, Public Health Department of Seattle and King County, Puget Sound Regional Council, South King County Human Services Planners, and the Washington State Department of Commerce. This coordination takes place regularly and informs recommendations for decision making bodies such as the City's Human Services Commission. Provide a concise summary of the jurisdiction's activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(1)). The City of Federal Way participates in local and regional approaches and engages in ongoing coordination between other jurisdictions, housing and homeless services providers, health providers, and service agencies. The collaboration includes monthly human services planners' meetings and participation in numerous formal and informal regional collaborations such as the Joint Recommendations Committee (JRC), South King Housing and Homelessness Partners (SKHHP), the Affordable Housing Committee (AHC), and AHC's Housing Interjurisdictional Team (HUT). The City is also a member of the South King County Human Services Funder Collaborative, which provides a more streamlined application and grant management process for human service agencies and increases collaboration and alignment, when appropriate, between cities. This coordination is ongoing throughout the year and, along with other community engagement and public meetings, informs the development Annual Action Plan 2022 OMB Control No: 2506-0117 (exp. 06/30/2018) of the Consolidated Plan, Annual Action Plans, and the decision -making of groups such as the Human Services Commission. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. Coordinating with King County's Continuum of Care (CoQ is critical to our region's implementation. The City will look for ways of participating in and collaborating with the newly established King County Regional Homelessness Authority and its Advisory Committee, which will serve as the Continuum of Care. The City of Federal Way recognizes the need for the continuum of housing including prevention, emergency shelter, transitional housing, and permanent housing. The City provides financial support for these efforts with both City general funds and CDBG funds and also commits staff time to the ongoing development and implementation of the system to address the needs of persons experiencing homelessness. Efforts by the City and our many human services partners are targeted to help persons experiencing homelessness meet three goals: • achieve residential stability; • increase skill levels and/or incomes; and • strengthen their ability to influence decisions that affect their lives. The City has convened efforts around family homelessness seeking shelter in the City as it is recognized that keeping families in and connected to their community will result in greater success for the families. FUSION, a local nonprofit, opened a family shelter in the City at the end of 2020. The City supported the project during its development by funding a feasibility study with State funds and through a grant of local general funds in fall of 2020. The City participates in and supports numerous coalitions and committees, such as the South King County Forum on Homelessness and the Homelessness Action Committee, focusing on developing resources in South King County. The City also participates in the annual Count Us In, Point in Time Count, which provides invaluable data for planning. The City provides both CDBG and local funds to agencies that serve chronically homeless individuals and families with children, veterans, and unaccompanied youth. In addition, Federal Way is fortunate to have numerous faith -based organizations that provide regular services and support to people experiencing homelessness in our community. While COVID-19 is impacting these services, the partnership is essential and likely to return when it is safe to reopen. Annual Action Plan 2022 OMB Control No: 2506-0117 (exp. 06/30/2018) 6 Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS McKinney-Vento funding for the Emergency Solutions Grant (ESG) is administered by King County and allocated through a competitive process. The City of Federal Way regularly collaborated with King County and maintains a close working relationship with other communities, especially those in South King County, to provide input. Staff have a voting position on the Joint Recommendation Committee (JRC) on a rotating basis. The JRC approves funding and plans for the ESG program. Annual Action Plan 2022 OMB Control No: 2506-0117 (exp. 06/30/2018) 2. Agencies, groups, organizations and others who participated in the process and consultations Table 2 — Agencies, groups, organizations who participated 1 Agency/Group/Organization City of Auburn Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by Housing Need Assessment Consultation? Homelessness Strategy Non -Homeless Special Needs Anti -poverty Strategy Lead -based Paint Strategy Briefly describe how the Agency/Group/Organization Staff consults with City of Auburn staff regularly through ongoing was consulted. What are the anticipated outcomes of collaborative efforts in addition to discussions and coordination specific to the the consultation or areas for improved coordination? 2020-2024 Consolidated Plan and subsequent Annual Action Plans. 2, Agency/Group/Organization Catholic Community Services of Western Washington Agency/Group/Organization Type Housing Services - Housing Services -Children Services -Elderly Persons Services -Persons with Disabilities Services -Homeless Regional Organization What section of the Plan was addressed by Housing Need Assessment Consultation? Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Strategy Non -Homeless Special Needs Annual Action Plan 2022 OMB Control No: 2506-0117 (exp. 06/30/2018) Briefly describe how the Agency/Group/Organization Agency is consulted throughout the year for general collaboration and was consulted. What are the anticipated outcomes of emerging issues as well as regular updates on programs and service delivery the consultation or areas for improved coordination? improvement. Agency was as also contacted via email to respond to the draft Annual Action Plan. 3 Agency/Group/Organization CHI Franciscan Agency/Group/Organization Type Services -Health Health Agency Regional Organization What section of the Plan was addressed by Housing Need Assessment Consultation? Non -Homeless Special Needs Market Analysis Economic Development Anti -poverty Strategy Briefly describe how the Agency/Group/Organization Agency leads a place -based collaboration, which includes focus on the was consulted. What are the anticipated outcomes of approved Neighborhood Revitalization Strategy Area and implementing the the consultation or areas for improved coordination? corresponding strategies in that area. Agency representatives are in close communication regarding the Consolidated Plan, Annual Action Plans, and the included strategies. 4 Agency/Group/Organization FUSION Agency/Group/Organization Type Services -homeless What section of the Plan was addressed by Homelessness Strategy Consultation? Briefly describe how the Agency/Group/Organization Agency was in close contact regarding homeless strategies specific to families was consulted. What are the anticipated outcomes of experiencing homelessness. the consultation or areas for improved coordination? Annual Action Plan 2022 OMB Control No: 2506-0117 (exp. 06/30/2018) 5 Agency/Group/Organization HIGHLINE COMMUNITY COLLEGE Agency/Group/Organization Type Services -Education Services -Employment Regional organization What section of the Plan was addressed by Market Analysis Consultation? Economic Development Anti -poverty Strategy Briefly describe how the Agency/Group/Organization Agency participated in a one-on-one meeting and provides regular input on was consulted. What are the anticipated outcomes of regional and local needs and strategies. the consultation or areas for improved coordination? 6 Agency/Group/Organization KING COUNTY Agency/Group/Organization Type Other government - County What section of the Plan was addressed by Housing Need Assessment Consultation? Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy Market Analysis Anti -poverty Strategy Briefly describe how the Agency/Group/Organization Participated in developing local strategies to align and coordinate with was consulted. What are the anticipated outcomes of county -wide strategies. the consultation or areas for improved coordination? Annual Action Plan 2022 OMB Control No: 2506-0117 (exp. 06/30/2018) 10 7 Agency/Group/Organization King County Housing Authority (KCHA) Agency/Group/Organization Type Housing PHA Regional organization What section of the Plan was addressed by Housing Need Assessment Consultation? Public Housing Needs Briefly describe how the Agency/Group/Organization Agency was contacted for input regarding housing needs in the City and was consulted. What are the anticipated outcomes of region as well as the Neighborhood Revitalization Strategy Area in North the consultation or areas for improved coordination? Federal Way. Agency was as also contacted via email to respond to the draft Annual Action Plan. 8 Agency/Group/Organization KING COUNTY REGIONAL HOMELESSNESS AUTHORITY Agency/Group/Organization Type Housing Services - Housing Services -Children Services -Elderly Persons Services -homeless Services -Education Services -Employment Service -Fair Housing Regional organization What section of the Plan was addressed by Housing Need Assessment Consultation? Homeless Needs -,Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Strategy Non -Homeless Special Needs Anti -poverty Strategy Annual Action Plan 2022 OMB Control No: 2506-0117 (exp. 06/30/2018) 11 Briefly describe how the Agency/Group/Organization Agency is consulted on a bi-weekly basis with a focus on sub -regional planning was consulted. What are the anticipated outcomes of to significantly decrease the incidence of homelessness throughout South the consultation or areas for improved coordination? King County. 9 Agency/Group/Organization MULTI -SERVICE CENTER Agency/Group/Organization Type Housing Services - Housing Services -Children Services -Elderly Persons Services -homeless Services -Education Services -Employment Service -Fair Housing Regional organization What section of the Plan was addressed by Housing Need Assessment Consultation? Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Strategy Non -Homeless Special Needs Anti -poverty Strategy Briefly describe how the Agency/Group/Organization Agency is consulted throughout the year for general collaboration and was consulted. What are the anticipated outcomes of emerging issues as well as regular updates on programs and service delivery the consultation or areas for improved coordination? improvement. Agency was also contacted via email to respond to the draft Consolidated Plan and Annual Action Plans. 10 Agency/Group/Organization Housing Development Consortium Agency/Group/Organization Type Regional organization Planning organization Annual Action Plan 2022 OMB Control No: 2506-0117 (exp. 06/30/2018) 12 What section of the Plan was addressed by Housing Need Assessment Consultation? Homelessness Strategy Market Analysis Briefly describe how the Agency/Group/Organization Agency was contacted via regular collaborative efforts and regarding specific was consulted. What are the anticipated outcomes of housing and homelessness strategies. the consultation or areas for improved coordination? Public Health of Seattle -King County 11 Agency/Group/Organization Agency/Group/Organization Type Services -Persons with HIV/AIDS Services -homeless Services -Health Health Agency Other government - County What section of the Plan was addressed by Homelessness Strategy Consultation? Non -Homeless Special Needs Briefly describe how the Agency/Group/Organization Agency is consulted throughout the year for generaa collaboration and was consulted. What are the anticipated outcomes of emerging issues as well as regular updates on programs and service delivery the consultation or areas for improved coordination? improvement. Agency was also contacted via email to respond to the draft Annual Action Plan. South King County Housing and Homelessness Partners 12 Agency/Group/Organization Agency/Group/Organization Type Housing Regional organization Planning organization What section of the Plan was addressed by Housing Need Assessment Consultation? Homelessness Strategy Annual Action Plan 2022 OMB Control No: 2506-0117 (exp. 06/30/2018) 13 Briefly describe how the Agency/Group/Organization Agency was consulted via regular collaborative processes. The City is a was consulted. What are the anticipated outcomes of member of South King Housing and Homelessness Partners (SKHHP) and is in the consultation or areas for improved coordination? close contact regarding regional planning efforts pertaining to affordable housing and homelessness. Identify any Agency Types not consulted and provide rationale for not consulting It is the City's intent to consult with all Agency types. Should this not be achieved or change during the public comment period, that information will be added. Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? King County Regional This plan informs priorities and strategies relating to the City's Consolidated Plan Continuum of Care goal to address homelessness and the implementation of that goal in annual Homelessness Authority action plans. Regional Affordable King County, Affordable The five-year plan includes goal areas and strategies that coincide with the City's Housing Task Force Report Housing Committee Consolidated Plan goal to provide decent, affordable housing. Table 3 - Other local / regional / federal planning efforts Annual Action Plan 2022 OMB Control No: 2506-0117 (exp. 06/30/2018) 14 AP-12 Participation - 91.4010 91.105, 91.200(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal -setting The City of Federal Way solicited input on needs, goals, and strategies for the 2022 Annual Action Plan. Public input has been encouraged throughout the planning and development process as well as targeted stakeholder engagement. The City engaged with local and regional partners including nonprofits; local, county, and state government; and citizens to gather input on the City's goals and strategies for its CDBG program. The City regularly engages service providers and citizens in discussions regarding community development and human services needs. The City seeks input by meeting with individuals and organizations on an ongoing basis. Organizations that receive funding are monitored throughout the year and discuss trends and emerging needs with City staff. City staff meets regularly with human service providers, other regional cities, and funders to discuss services for individuals and families experiencing homelessness to seek solutions to both local and regional community development problems. These forms of engagement provide invaluable information. Citizen participation informs the City's goals and strategies and, in the process for the 2022 Annual Action Plan, confirmed the adopted goals and strategies. COVID-19 is significant and was a frequent discussion topic in relation to CDBG. However, two of the primary areas of concern are housing and economic stability, both of which are addressed in the adopted goals, objectives, and strategies. Annual Action Plan 2022 OMB Control No: 2506-0117 (exp. 06/30/2018) 15 Expected Resources AP-15 Expected Resources - 91.420(b), 91.220(c)(1,2) Introduction The City of Federal Way anticipates having the following funding sources available during the 2022 Program Year: • CDBG • City General Fund (targeted to human services/public services) Pre -award costs incurred prior to the agreement with the U.S. Department of Housing and Urban Development are allowable in accordable with 2 CFR 200.458 and 24 CFR 570.200. Pre -award costs incurred by projects included in the 2022 Annual Action Plan will not impact future projects or future years' funding. The incurred costs are necessary to the implementation of the activities and for continuity of services to the community. Annual Action Plan 2022 OMB Control No: 2506-0117 (exp. 06/30/2018) 16 Anticipated Resources Program Source Uses of Funds Expected Amount Available Year 1 ! Expected Narrative Description Annual Program Prior Year Total: Of Amount Funds Allocation: Income: Resources: $ Available $ $ $ Remainder of ConPlan CDBG public - Acquisition CDBG funds leverage additional federal Admin and federal and state funds. Agencies are Planning able to combine funding sources in Economic order to provide a wider range of Development services to the community. Housing Public Improvements Public Services 779,935 0 0 779,935 1,559,870 General public - Public Services The City provides general fund grants Fund local annually to agencies and organizations that deliver services in support of low- and moderate - income persons and households, those with special needs, and the homeless. These funds are used in cooperation with CDBG public 536,000 0 0 536,000 1,072,000 services dollars. Table 4 - Expected Resources — Priority Table Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied CDBG funds do not require a match. CDBG funding for public services and public facility projects is only a portion of the total funding Annual Action Plan 2022 OMB Control No: 2506-0117 (exp. 06/30/2018) 17 required. The City encourages applicants to secure other funding for projects in order to leverage resources to the extent possible. If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan The City of Federal Way owns the property upon which the Performing Arts and Event Center (PAEC) was built. The PAEC will continue to recover and possibly generate jobs directly; jobs at the PAEC were impacted due to COVID-19 and measures implemented to address the pandemic. The PAEC acts as a catalyst for redevelopment of the City Center area in Federal Way, resulting in additional jobs. The hotel, a component of the development, has been delayed. This may change certain performance measures and will be updated accordingly. Discussion CDBG funds will be used to support eligible activities in accordance with CDBG regulations. Annual Action Plan 2022 OMB Control No: 2506-0117 (exp. 06/30/2018) 18 Annual Goals and Objectives AP-20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e) Goals Summary Information Sort Goal Name Start End Category Geographic Needs Addressed Funding Goal Outcome Indicator Order Year Year I Area 1 Expand Economic 2020 2024 Non -Housing Economic CDBG: Businesses assisted: 50 Opportunities Community Development and $90,000 Development Job Growth 2 Preserve Affordable 2020 2024 Affordable Housing Affordable Housing CDBG: Homeowner Housing Housing $204,935 Rehabilitated: 12 Household Housing Unit 3 Prevent and Address 2020 2024 Homeless Homelessness CDBG: Public service activities other Homelessness $235,000 than Low/Moderate Income Housing Benefit: 35 Persons Assisted 4 Establish and 2020 2024 Non -Housing Living Environment CDBG: Public service activities other Maintain Suitable Community $95,000 than Low/Moderate Income Living Environment Development Housing Benefit: 417 Persons Assisted Table 5 — Goals Summary Annual Action Plan 2022 OMB Control No: 2506-0117 (exp. 06/30/2018) 19 AP-35 Projects - 91.420, 91.220(d) Introduction Federal Way's Annual Action Plan provides descriptions of proposals of how funds will be prioritized to achieve goals identified in the Consolidated Plan. Projects funded by the City will address the priority needs of providing assistance to prevent homelessness, ensure affordable housing, expand economic opportunity, and provide a suitable living environment. Projects and programs are selected through a competitive application process to ensure optimal quality services are provided to the community in use of the funds. # Project Name 1 Program Administration 2 Housing Repair Program 3 Federal Way Community Center Inclusion Program 4 Multi -Service Center YES Program 5 Orion Employment Services 6 Apprenticeship & Non-traditional Employment for Women (ANEW) 7 El Centro de la Raza South King County Systems Navigation Program 8 FUSION Transitional Housing 9 Partner in Employment - Employment and Training 10 Highline Business Development Programs (SBDC and StartZone) 11 FUSION Transitional Housing 2022 Table 6 — Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs In establishing the priorities for activities to meet the needs of the City, activities are being considered which are likely to be of high impact. The City looked to its own initiatives and goals to determine how to best build on efforts already underway which could impact the economic problems affecting low- and moderate -income persons. This has led the City to develop strategies with a focus on economic revitalization activities and job creation, safety net/self-sufficiency services, and protecting/enhancing housing owned or rented by low- and moderate -income households. In order to continue services helping populations who are at risk, the City allocated the maximum possible to services that have proven to be effective in the past. The City placed a significant amount of resources into economic development activities for job creation and allocated funding for microenterprise technical assistance; and, in order to begin working on affordable housing needs, identified funds to maintain owner -occupied housing. The City has chosen to place 100% of program funds toward activities which primarily benefit low- and Annual Action Plan 2022 OMB Control No: 2506-0117 (exp. 06/30/2018) 20 moderate- income households and will assure that a minimum of 70% of program resources will benefit low- and moderate -income households. Additionally, the allocation process considered underfunded, underrepresented, and underserved populations for inclusion. Annual Action Plan 2022 OMB Control No: 2506-0117 (exp. 06/30/2018) 21 AP-38 Project Summary Project Summary Information 1 Project Name Program Administration Target Area Goals Supported Needs Addressed Funding CDBG: $155,000 Description CDBG Program Planning & Administration for PY2022 Target Date 12/31/2022 This is planning and administration and does not directly benefit families. Estimate the number and type of families that will benefit from the proposed activities Location Description 33325 8th Avenue S, Federal Way, WA 98003 Planned Activities CDBG Planning and Administration 2 Project Name Housing Repair Program Target Area Goals Supported Preserve Affordable Housing Needs Addressed Affordable Housing Funding CDBG: $204,935 Description Housing repair program helping low- and moderate -income homeowners repair their homes to a safe condition. 12/31/2022 Target Date Estimate the number and type of families that will benefit from the proposed activities 12 low- and moderate -income households will benefit. Location Description Recipients must be homeowners in the City of Federal Way. Specific locations will be determined. Planned Activities Housing repair for extremely low-, low-, and moderate - income homeowners. Work is primarily focused on interior health and safety issues, though roofs and ADA accessibility improvements are also considered on a case -by -case basis. 3 Project Name Federal Way Community Center Inclusion Program Target Area Goals Supported Establish and Maintain Suitable Living Environment Needs Addressed Living Environment Annual Action Plan 2022 OMB Control No: 2506-0117 (exp. 06/30/2018) 22 Funding CDBG: $30,000 Description The Inclusion Program provides social activities and classes for adults with developmental disabilities. Target Date 12/31/2022 Estimate the number and type of 200 persons will benefit. families that will benefit from the proposed activities Location Description The majority of activities will be provided at the Federal Way Community Center (876 S. 333rd Street, Federal Way, WA 98003). Some activities will be provided off -site. Planned Activities Social activities, life skills training, trips, and others. 4 Project Name Multi -Service Center YES Program Target Area Goals Supported Establish and Maintain Suitable Living Environment Needs Addressed Living Environment Funding i CDBG: $14,000 Description YES helps youth and young adults ages 16 - 24 to obtain their GED, secure employment and continue post- secondary schooling, as appropriate, while helping them to establish and work toward careers and living wage employment. Target Date 12/31/2022 Estimate the number and type of 17 individuals between the ages of 16 and 24 will benefit. families that will benefit from the proposed activities Location Description Services will occur at the Multi -Service Center (1200 S. 336th Street, Federal Way, WA 98003). Planned Activities Classes and training to help youth and young adults obtain their GED, secure employment, and continue post- secondary schooling. 5 Project Name Orion Employment Services Target Area Goals Supported Establish and Maintain Suitable Living Environment Annual Action Plan 2022 OMB Control No: 2506-0117 (exp. 06/30/2018) 23 Needs Addressed Living Environment Funding CDBG: $11,000 Description Employment Services for adults with disabilities. Target Date 12/31/2022 Estimate the number and type of 2 individuals will benefit from this activity. families that will benefit from the proposed activities Location Description Job training will be provided at 1590 A Street NE, Auburn, WA 98002 Planned Activities Vocational counseling and skills training to obtain employment. 6 Project Name Apprenticeship & Non-traditional Employment for Women (ANEW) Target Area Goals Supported Establish and Maintain Suitable Living Environment Needs Addressed Living Environment Funding CDBG: $9,000 Description 3 individuals will receive job training and employment services/case management. Target Date 12/31/2022 Estimate the number and type of 3 individuals will receive job training and employment families that will benefit from the services/case management. proposed activities Location Description Activities will be provided at Apprenticeship & Non- traditional Employment for Women (ANEW) (550 SW 7th Street, Renton, WA 98057) Planned Activities Individuals participate in one of two tracks: 1) Trades Rotation Program, a 12-week pre -apprenticeship training program with job placement and retention services for women in manufacturing and construction trades; and 2) the Career Connection Program, wrap -around employment services focusing on job placement and retention. 7 Project Name El Centro de la Raza South King County Systems Navigation Program Annual Action Plan 2022 OMB Control No: 2506-0117 (exp. 06/30/2018) 24 Target Area Goals Supported Establish and Maintain Suitable Living Environment Needs Addressed Living Environment Funding CDBG: $21,000 Description Information and referral services. Target Date 12/31/2022 Estimate the number and type of 190 low- to moderate -income persons will benefit. families that will benefit from the proposed activities Location Description 1601 S 341st PI, Federal Way, WA 98003 Planned Activities Navigation services to access available social services, as well as private and public benefit programs with focus on predominantly Latinx families including limited English speakers. 8 Project Name FUSION Transitional Housing Target Area Goals Supported Prevent and Address Homelessness Needs Addressed Homelessness Funding CDBG: $20,000 Description Strengths -based case management for families with children who are experiencing homelessness and in FUSION's transitional housing program. lTarget Date 12/31/2022 Estimate the number and type of 31 individuals experiencing homelessness will benefit. families that will benefit from the proposed activities Location Description Case management is provided in the community and at the transitional housing units. FUSION has an office located at 1505 S 328th St, Federal Way, WA 98003 Case management is provided to families for stability Planned Activities planning and securing permanent housing. 9 Project Name Partner in Employment - Employment and Training Target Area Annual Action Plan 2022 OMB Control No: 2506-0117 (exp. 06/30/2018) 25 Goals Supported Establish and Maintain Suitable Living Environment Needs Addressed Living Environment Funding CDBG: $10,000 Description Program works to improve long-term economic stability of refugees and immigrants by securing employment and providing wrap around services. Target Date 12/31/2022 Estimate the number and type of 5 individuals will benefit. families that will benefit from the proposed activities Location Description Services may be community based or at the office at 21400 International Blvd, Suite 302, SeaTac, WA 98198 Planned Activities Employment services, language acquisition, housing stabilization, and job training. 10 Project Name Highline Business Development Programs (SBDC and StartZone) Target Area Goals Supported Expand Economic Opportunities Needs Addressed Economic Development and Job Growth Funding CDBG: $90,000 Description Technical Assistance to microenterprise business owners, entrepreneurs, and start-up businesses. Target Date 12/31/2022 Estimate the number and type of 50 individuals will receive technical assistance. families that will benefit from the proposed activities Location Description Activities will be provided at Highline College (2400 S. 240th Street, Des Moines, WA 98198). Planned Activities Business advisors will provide one-to-one technical assistance and advising to business owners looking to start or grow their businesses as well as educational interventions that are aimed at enhancing small business, self-employment, and micro -enterprise in Federal Way. Project Name FUSION Transitional Housing 2022 Annual Action Plan 2022 OMB Control No: 2506-0117 (exp. 06/30/2018) 26 11 Target Area Goals Supported Prevent and Address Homelessness Needs Addressed Homelessness Funding CDBG: $215,000 Description FUSION will purchase a 2-3-bedroom single family residence in Federal Way for families experiencing homelessness for up to 18 months. Housing is paired with case management and support services. Target Date 12/31/2022 Estimate the number and type of 4 individuals experiencing homelessness will benefit. families that will benefit from the proposed activities Location Description The address will be determined upon the award of the grant and the selection of a housing unit. Planned Activities Case management is provided to family living in the acquired 2-3-bedroom home for stability planning and securing permanent housing. Annual Action Plan 2022 OMB Control No: 2506-0117 (exp. 06/30/2018) MrA AP-50 Geographic Distribution - 91.420, 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The City of Federal Way will direct assistance throughout the community as needed. Rationale for the priorities for allocating investments geographically Persons and households in need exist throughout the City and resources are to be allocated as needed. Annual Action Plan 2022 OMB Control No: 2506-0117 (exp. 06/30/2018) 28 AP-75 Barriers to affordable housing-91.420, 91.220(j) Introduction This section of the Annual Action Plan summarizes actions the City will undertake during the Program Year to reduce barriers to affordable housing. The City is engaging in the development of a Housing Action Plan (HAP) that will inform the Housing Element of the City's Comprehensive Plan. The HAP includes an evaluation of policies that may affect residential development including the development of affordable housing. The Planning Division is lead with Community Services supporting the development of the HAP. The HAP is scheduled for completion in 2021. As part of the public engagement process, the City hosted two virtual public meetings and an Open House for the HAP to allow an opportunity for Federal Way residents to review the implementation strategies and provide feedback for future policies. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment The development of the Housing Action Plan (HAP) will inform actions and will be available in 2021 for planning. However, the City has taken steps to address affordable housing and follow-up actions will continue to occur. In 2019, the City adopted a tax authorized by the State of Washington allowing for a recapture of a portion of the existing sales tax. These funds support affordable housing. The City is a member jurisdiction of the South King Housing and Homelessness Partners (SKHHP). SKHHP has made progress in establishing a Housing Capital Fund allowing for the sales tax revenue to be pooled with other jurisdictions to increase leverage and better support the development and retention of affordable housing. The City anticipates providing updates on the HAP and the Housing Capital Fund as they are available. Additionally, the City deferred to King County on another revenue opportunity. King County has enacted a new tax for affordable housing and connected services. The King County proposed program will focus on providing affordable housing to the chronically homeless persons, a population that is difficult to serve and frequently needs the deepest level of subsidy to attain affordable housing. King County has acquired a site in the City of Federal Way. Discussion Public policies can have a direct impact on the development of affordable housing. As mentioned above, the City is currently in the process of developing a Housing Action Plan (HAP), which may consider policies that have the potential of creating barriers to all housing, but will also Annual Action Plan 2022 OMB Control No: 2506-0117 (exp. 06/30/2018) 29 specifically identify barriers to affordable housing. Such proposed actions include zoning regulations, development fees, approval and permitting systems, manufactured and modular housing, and others. The HAP provides analysis of the current policies and recommendations and action steps the City may take. Annual Action Plan 2022 OMB Control No: 2506-0117 (exp. 06/30/2018) 30 AP-85 Other Actions - 91.420, 91.220(k) Introduction The City of Federal Way has been and will remain involved in collaborative efforts that serve the needs of low- and moderate -income persons and households, the homeless, and those with special needs. The City participates on numerous committees, boards, and the like and works directly with agencies and organizations that provide services in order to enhance the level and quality of services in Federal Way and throughout South King County. Actions planned to address obstacles to meeting underserved needs The City is working with other communities in South King County to establish and enhance strong networks for community development and human services delivery. This includes working with service providers, stakeholders, the faith -based community, other government agencies, and those we serve directly to identify and overcome or mitigate barriers to meeting underserved needs. There are both on -going discussions among the parties to share information about current issues, as well as longer term planning to develop strategies, build public awareness, and enhance the support of elected officials for increased resources for the underserved. Actions planned to foster and maintain affordable housing The City operates the Home Repair Program, which is funded by CDBG and serves low- and moderate - income homeowners in Federal Way. The program provides emergency and standard repair and renovation services that help families remain in their homes. The program is a means of retaining and enhancing affordable housing and serves to support aging in place, as well as strengthening the neighborhoods in which the homes are located. The program does not specifically target households with elderly individuals, but does serve primarily older adults and often incorporates renovations that assist individuals in staying in their home longer with additions such as ramps, bathroom upgrades including grab bars and accessible showers, and so on. While allowable and often part of larger projects, the City's Housing Repair Program is not well suited for smaller repairs that often allow older adults to remain in their homes. The City will look at the feasibility of developing a minor home repair program for older adults focusing on aging in place and retaining their homes. Additionally, the City will begin feasibility on a low-income homebuyers assistance program to facilitate additional pathways to homeownership for low- and moderate -income residents. The City of Federal Way also joined the newly established South King County Housing and Homelessness Partnership (SKHHP) in collaboration with other cities in south King County and King County. SKHHP will Annual Action Plan 2022 OMB Control No: 2506-0117 (exp. 06/30/2018) 31 focus on assisting the region in in meeting affordable housing and homeless needs. Actions planned to reduce lead -based paint hazards The City of Federal Way works to reduce lead -based paint hazards by complying with and requiring subrecipients to comply with the Lead -Based Paint requirements set forth in 24 CFR Part 35. This includes meeting the requirements for notification, identification, and stabilization of deteriorated paint; identification and control of lead -based paint hazards; and identification and abatement of lead - based paint hazards. The Protect Your Family from Lead in Your Home pamphlet developed by the EPA, HUD, and the U.S. Consumer Product Safety Commission is also distributed. Actions planned to reduce the number of poverty -level families Actions to reduce the number of poverty level families include funding small business and micro - enterprise training and technical assistance. Additionally, actions include maintaining and enhancing relationships with school -based mentoring programs that lead to increased graduation and college acceptance and outreach to increase opportunities for low-income residents to obtain livable wage jobs. Actions planned to develop institutional structure In 2022, the Community Services Division will: • Update the Division website to include pertinent information for community -based organizations for planning and program implementation purposes, and for individuals seeking resources for community development. • Continue to advocate for additional resources for a coordinated approach to community development and planning to address poverty issues, affordable housing, job creation, and community revitalization initiatives. Continue to participate in collaborative efforts with other funders, private sector groups, and agency coalitions such as the Continuum of Care. Actions planned to enhance coordination between public and private housing and social service agencies The City of Federal Way has regularly fostered relationships between these entities and will continue to develop and participate in these collaborations, including the South King Council of Human Services, South King County Housing Development Group, the King County Housing Development Consortium, and South King Housing and Homelessness Partnership (SKHHP). As part of the SKHHP work group, the City of Federal Way and other local cities work with agencies to develop the system and advocate for Annual Action Plan 2022 OMB Control No: 2506-0117 (exp. 06/30/2018) 32 coordination between housing and social service agencies. Discussion The expressed goal of the CDBG Program is to reduce the number of people living in poverty. The City gives funding priority to programs that, in addition to complying with federal regulations, address a priority outlined in the Consolidated Plan, and are consistent with all of the goals and objectives identified. Annual Action Plan 2022 OMB Control No: 2506-0117 (exp. 06/30/2018) 33 Program Specific Requirements AP-90 Program Specific Requirements - 91.420, 91.220(1)(1,2,4) Introduction As a member of the King County HOME Consortium, the City of Federal Way will engage in housing activities, collaborations, and partnerships to enhance opportunities for equitable development and the creation/preservation of affordable housing. The Consortium will plan for and support fair housing strategies and initiatives designed to affirmatively further fair housing choice and to increase access to housing and housing programs. We value working together collectively to continue the work to develop a cohesive and coordinated homeless system that is grounded in the principle of Housing First and fosters shared outcomes. We are not a one size fits all system and as such, we invest in projects that ensure that homeless households from all sub -populations: • are treated with dignity and respect; • are returned to permanent housing as quickly as possible; • receive strength -based services that emphasize recovery, as needed; • are supported to graduate from temporary homeless housing as rapidly as possible and from permanent supportive housing as soon as they are ready; ■ receive only what they need to return to housing quickly and to be as self-reliant as possible. To establish and maintain a suitable living environment and expand economic opportunities for low- and moderate -income people, our investments across the Consortium in low-income communities, and for the benefit of low-income people, help to ensure equitable opportunities for good health, happiness, safety, self-reliance, and connection to community. Specific strategies include: 1) improve the ability of health and human services agencies to serve our low -and moderate -income residents safely and effectively; 2) improve the living environment in low -and moderate -income neighborhoods and communities; and 3) expand economic opportunities for low- to moderate -income residents of the Consortium. Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(1)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0 Annual Action Plan 34 2022 OMB Control No: 2506-0117 (exp. 06/30/2018) 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float -funded activities 0 Total Program Income: 0 Other CDBG Requirements 1. The amount of urgent need activities C 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00% Annual Action Plan 2022 OMB Control No: 2506-0117 (exp. 06/30/2018) 35 COUNCIL MEETING DATE: November 16, 2021 ITEM #: 7a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PROPOSED 2021 COLLECTIVE BARGAINING AGREEMENT WITH FEDERAL WAY POLICE SUPPORT SERVICES ASSOCIATION POLICY QUESTION: Should the City Council authorize the Mayor to execute the Proposed Collective Bargaining Agreement with the Police Support Services Association union? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Vanessa Audett, Human Resources Manager DEPT: Human Resources Attachments: 1. Staff Report 2. Proposed 2021 Collective Bargaining Agreement with Federal Way Police Support Services Association Options Considered: 1. Approve the proposed Collective Bargaining Agreement. 2. Reject the proposed Collective Bargaining Agreement and direct the City to continue negotiations. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: N/A !1 Committee Coon ll Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A DIRECTOR APPROVAL: Innr 11 i�1L Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed 2021 Collective Bargaining Agreement with the Federal Way Police Support Services Association, and authorize the Mayor to execute said agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # CITY OF FEDERAL WAY HUMAN RESOURCES DEPARTMENT Memorandum Date: November 16, 2021 To.- City Council Members From: Vanessa Audett, Human Resources Manager Subject: 2021 Collective Bargaining Agreement with the Federal Way Police Support Services Association (PSSA) The Federal Way Police Support Services Association (PSSA) and City bargaining team have negotiated a Collective Bargaining Agreement for 2021 consisting of Cost of Living Adjustments (COLA) to wages equal to what non -represented employees in the City received, which is 2% effective January 1, 2021 and 1 % effective July 1, 2021. Financial Impacts: Cost 2% COLA 01 /01 /2021 $45,176 1%COLA 07/01/2021 $11,517 Total Increase 2021 Budget $56,693 The total cost of the 2021 PSSA contract is $2.3MM. Noteworthy: the contract costs conservatively estimate benefits costs at 38% of wages. Background Information: The PSSA contract expired December 31, 2020. Negotiations for a new contract began in November of 2021 and a tentative agreement for 2021 was reached. The City and PSSA will continue negotiations for a successor agreement to the 2021 contract which will expire December 31, 2021. Mayor's Recommendation: Approve the proposed CBA with the Federal Way Police Support Services Association (PSSA). CITY OF FEDERAL WAY AND FEDERAL WAY POLICE SUPPORT SERVICES ASSOCIATION Collective Bargaining Agreement 2021 Table of Contents PREAMBLE................................. ............................................................................ :........... :......._.._.............1 ARTICLE 1: RECOGNITION AND BARGAINING UNIT ...... .............. ........................ .._...............................1 Section1. Recognition of the Unit ................................... .......................................................... ....... 1 Section2. Bulletin Board......................................................................._........_.........----.....................1 Section 3. Association Officials Release Time ............... .._.-....................... ............... ............ ,....... 1 ARTICLE 2: MEMBERSHIP AND DUES DEDUCTION..........................................................................2 Section1. Dues Deduction...............................................................................................................2 ARTICLE 3: EMPLOYMENT PRACTICES.......................................•---......................---......... ......2 Section 1. Seniority Definition........................................................... ...... --.:.---................... ............. 2 Section2. Layoff ......... :............................................................... ,....................................................... 2 Section 3. Establishment of Reinstatement Register....................................................................3 Section 4. Employment Status When Reinstated ..................... ....... ........... ............ ............ ....._...... 3 Section5. Non Discrimination............................................................... =.... ::..::.............................. I .... 3 Section6. Personnel Files ............................................... .......................................... ............ -.......... 3 Section 7. Employment References ............................................. ___ ........ ,......................... ...,........4 ARTICLE 4: HOURS OF WORK AND OVERTIME ............. .................................. :............. ._..,,.._,.......... 4 Section1. Hours of Work...................................................................................................................4 Section2. Overtime............................................................................................................................5 Section 3. Comp Time in Lieu of Pay for Overtime.........................................................................5 Section 4. Overtime Minimum - Call Back/Court Time...................................................................5 Section5. Shift Bidding ..................................................... ................................................ ---...........6 ARTICLE5 - MANAGEMENT RIGHTS.............................................................. .......................................6 ARTICLE6 - SICK LEAVE ................. ................................................................ .................... :............. :...... 8 Section1. Accrual and Usage ......................................... .................. ............. .............. .................... 8 Section 2. Washington Paid Sick Leave............................................................................................8 Accrual............................................................................................................................., ....................... 9 CarryForward..............................................................................................................---.........----.... Verification of Absences Exceeding Three Days ................... Reinstatement of Employment ................................................ . RetaliationProhibited...................................................................---.._..-----•--.......................................10 Section3. Domestic Partner...........................................................................................................10 ARTICLE7 - HOLIDAYS............................................................. .................................... .,....................... 10 Section1. Holidays Observed...................................................._........---•.........:..............................10 ARTICLE8 - EDUCATION ALLOWANCE....................................................... ............. ._.....--•--........ 1....... 12 Section1. General Policy......................................................... ........_..,................ ........... ....... I......... 12 ARTICLE9 - VACATION ...... ...................................................................................... ....... ,........... ,............. 13 Section1. Vacation....................................................................................................---.._.:..,_...........13 Section 2. Scheduling Annual Leave - Seniority Basis ....................... ....................................... 13 Section3. Payout.....................................................................................---•--.-•--.........._...................14 Section 4. Maximum Carry Forward ............................................. _........ ............:.;.......................... 14 Section5. Service Leave...................................................................................................................14 ARTICLE10 — PENSIONS.............................................................................•---.........................................14 ARTICLE 11 - BEREAVEMENT AND OTHER LEAVES................ ..............................................................14 Section1. Bereavement....................................................................................................................14 Section2. Personal Leaves...............................................................................................................15 Section 3. Leave of Absence — Medical — Non-FMLA.................................. ,...... ,.......................... 15 Section4. Shared Leave..........................................................:......:...................................:..:_..........16 Section5. Military Leave......................................................................................................................16 ARTICLE 12 - CITY SUPPLIED EQUIPMENT ........................................... ...................................................... 16 ARTICLE13 - SAVINGS CLAUSE..............................................................:............:......:............................17 ARTICLE 14 - ENTIRE AGREEMENT..........................................................................................................18 ARTICLE 15 - PERFORMANCE OF DUTY................................................................................_.................18 Section 1. Non -Strike Provisions ................................ ............................................... :......... :......... 18 ARTICLE 16: GRIEVANCE PROCEDURE................................................................................................18 Section 1. Grievance Procedure Steps...........................................................................................18 Section2. Arbitration Panel ..................................................... :.................... :............ :..................... 20 Section3. Time Limits.......................................................... ........................................................... 20 Section4. Multiple Procedures.......................................................................................................21 Section5. Step 3 Submission..........................................................................:..............................21 Section 6. Just Cause Standard............................................................. ............................. ............ 21 Section 7. Parties to the Agreement..................................................................................._........21 Section8. Probationary Period........................................................................................................21 ARTICLE 17 - EMPLOYER & EMPLOYEE RIGHTS...................._........_...................................................21 Section1. Discipline..................................................................................................•......---.....---...-21 Section 2. Disciplinary Investigations..........................................................................................21 Section 3. Psychological Evaluations.................................................... ......:....:........... ................ 22 ARTICLE18 - COMPENSATION................................................................................--.--.........................23 Section1. Salaries............................................................................---.............................................23 Section2. Out of Class...................................................................................................................24 ARTICLE19 - INSURANCE COVERAGE .................................. ..................................... ............................... 24 Section 1. Medical/Dental Plans.......................................................... ,......... ...... ____ ............... ....24 Section2. Life Insurance.................................................................................................................24 ARTICLE 20 - FEDERAL WAY COMMUNITY CENTER...........................................................................24 ARTICLE21 - SUBSTANCE ABUSE POLICY .............................. ............................... ....................... ......25 ARTICLE 22 - PROBATIONARY EMPLOYEES........................................................................................25 ARTICLE 23 - TERM OF AGREEMENT ............................................... ............... .:........ .::.:.:........ ............... 25 APPENDIXA ............................... ............................................. ........................... ........ .............. -...... .......... 27 WAGES...................................................................................... ..............•.................... ....27 CITY OF FEDERAL WAY AND POLICE SUPPORT SERVICES ASSOCIATION Collective Bargaining Agreement PREAMBLE The collective bargaining agreement (the Agreement) herein contains the entire agreement between Federal Way Police Support Services Association (hereinafter called the Association) and the City of Federal Way, Washington (hereinafter known as the City). The purpose of the City and Association in entering into this agreement is to set forth their complete agreement with regard to wages, hours and working conditions for the employees in the bargaining unit. ARTICLE 1: RECOGNITION AND BARGAINING UNIT Section 1. _Recognition of the Unit The City recognizes the Association as the sole and exclusive bargaining representative for the bargaining unit described as all full time and regular part-time special commission and non-commissioned employees as listed in Appendix A of the City of Federal Way Police Department, excluding supervisors, confidential employees and all other employees. The Association agrees that Records Supervisors shall be excluded from the bargaining unit. Section 2. Bulletin Board The City shall permit the use of a bulletin board by the Association for the posting of notices relating to official Association business, so long as the notices posted are not inflammatory or otherwise detrimental to the operation of the Department. Section 3. Association Officials Release Time a. Time off with pay shall be limited to regular negotiations sessions between the City and the Association negotiating team members during their scheduled duty hours, up to a limit of three members off with pay at a time. b. The Department shall afford Association representatives a reasonable amount of time while on -duty to consult with appropriate management officials, Association counsel and/or aggrieved employees, provided that the Association representatives and/or aggrieved employees contact their immediate supervisors, indicate the general nature of the business to be conducted, and request the necessary time off. Such time off will not be allowed whenever the City reasonably determines it will interfere with Police Support Services Association Collective Bargaining Agreement — 2021 Page 11 Department operations, and Association representatives shall not use excessive time in handling such responsibilities. The Association shall give the City as much advance notice as reasonably possible of such time off requests. ARTICLE 2: MEMBERSHIP AND DUES DEDUCTION Section 1. Dues Deduction The parties agree to the following: 2.1.1 The deduction of monthly dues uniformly levied by the Association for those employees who elect to become members of the Association and who request in writing to have their regular monthly Association dues deduction checked off on the basis of individually signed voluntary check -off authorization cards; 2.1.2 Each month, the City shall remit to the Association, all dues deducted together with a list of employees and the amount deducted from each employee. The City agrees to notify the Association of new employees within thirty (30) calendar days of the date of hire. 2.1.3 Hold Harmless. The Association agrees to defend, indemnify and hold the City, its officers, directors, employees and agents harmless from any and all claims, demands, actions, and liabilities (including attorney's fees) arising from resulting from or connected with the City's compliance with this Article. ARTICLE 3: EMPLOYMENT PRACTICES Section 1. Seniority Definition For purposes of shift bidding, vacation bids, and layoff and recall, seniority shall be defined as the employee's length of continuous service within their classification. For all other purposes, seniority shall be defined as the employee's length of continuous service with the City's police department. Seniority shall be broken by resignation, termination for cause, layoff without recall for a period of 12 consecutive months, illness, injury or other leave of twelve (12) consecutive months. Section 2. Layoff Should it become necessary due to budgetary conditions, lack of work, or any other reasonable cause, to reduce the number of employees in this unit, the following basic provisions will apply: a. Order of layoff shall be determined by job classification. Regular employees will be retained on the basis of job performance. Relative job performance will be determined based upon relative qualifications, experience, and job Police Support Services Association Collective Bargaining Agreement — 2021 Page 12 performance evaluations. If job performance is equal, seniority in the classification will be the determinative factor. b. Employees affected by the reduction in force shall receive thirty (30) calendar days' notice of such layoff, or pay in lieu thereof. Section 3. Establishment of Reinstatement Register a. The names of employees who have been laid off shall be placed upon a reinstatement register for the same classification from which laid off. This reinstatement register shall be in effect for one (1) year from the date of layoff, and shall take priority over other hiring or promotional lists. b. Refusal to accept a recall from the reinstatement register for employee's former classification shall terminate all rights granted under this Agreement, and the employee shall be removed from the register. C. Order of Reinstatement. If a vacancy is to be filled from the reinstatement register, recall shall be made on the basis of length of service within the classification. The regular employee on such register who has the most service credit shall be first reinstated. Section 4. Employment Status When Reinstated In the event a employee leaves the service of the City due to a reduction in force and within the next year the City rehires said former employee in the same classification to which assigned at the date of reduction, such employee shall be placed at the step in the salary range which the employee occupied at the time of the reduction. Section 5. Non Discrimination It is agreed that the City will not discriminate on the basis of age, sex, marital status, race, creed, color, religion, national origin, ancestry, disability or activity protected by RCW 41.56. Section 6. Personnel Files All personnel records are maintained in compliance with the laws related to public records. Each employee is entitled to review and have photocopied his or her personnel file and/or police department personnel file. An employee shall have an opportunity to submit a letter to the file, responding to or supplementing information contained in his or her file. Upon receiving a request for all or part of a personnel file, the affected employee shall be notified of the request, and the information shall not be released for a period of three (3) business days from the time of said notification, except upon service of a court Police Support Services Association Collective Bargaining Agreement — 2021 Page 13 order or subpoena properly recorded and signed by a judge or magistrate demanding immediate release. Section 7. Employment References Unless otherwise required by a valid court order or by law, at the written request of the subject employee, or whenever the employee provides a written release to the prospective employer, the City will furnish prospective employers with only the following information about past or present employees to persons outside the City of Federal Way: Dates of employment. • Current job title or job title at the date of separation. Verification of salary information. A copy of all requests for any information regarding past or present City employees shall be sent to Human Resources. ARTICLE 4: HOURS OF WORK AND OVERTIME Section 1. Hours of Work The normal work schedule for employees covered by this agreement shall not exceed 40 hours of work in a seven (7) consecutive day period. The work week will commence at the beginning of day shift on Sunday and end with completion of Saturday night's graveyard shift. Where reasonably possible, the employee's work schedule shall be posted at least thirty (30) days prior to the beginning of the applicable work period. The normal work schedule for all employees covered by this Agreement shall be designed with a 30 minute paid lunch period. The City will work in good faith with the Association and employees to ensure that employees are able to receive their meal period. The work schedule shall be four consecutive ten (10) hour shifts followed by three (3) consecutive days off. Provided this work schedule may be altered by mutual agreement between the City, the Association and the employee. The hours of work for the Animal Services officers shall be four consecutive ten (10) hour shifts followed by three (3) consecutive days off. Provided, that the following conditions apply: a. These hours and days of the 4/10 schedule shall be determined by management, b. If an Animal Services Officer is going to be unavailable for an extended period of time (40 hours or more) for any reason including but not limited to sick leave, vacation leave, or training, management will have the right to move the remaining Officer back to a 5/8 schedule during the period in which only one Officer is available; Police Support Services Association Collective Bargaining Agreement — 2021 Page 14 c. Animal services employees will be permitted to flex shift start and end times upon approval of the supervisor; d. All other provisions in Section 4 apply. Scheduling changes may be made where there is a reasonable operational need. Mutual agreement is required before changes to the length of shift in a classification. Except in emergencies, the employer will provide a minimum of seven (7) days notice before any schedule change. Employees shall receive one and one half the regular rate of pay for all mandatory shift changes with less than seven (7) days notice, through the notice period. The Employer will bargain with the Union before implementing any schedule configuration other than ten hour shift. Section 2. Overtime a. All overtime shall be compensated at a rate of one and one-half (1.5) times the employee's regular hourly rate. Overtime is defined as hours worked, together with holiday, vacation, sick leave or compensatory time hours, in excess of: 1. the regularly scheduled shift for full time regular employees within a twenty-four (24) hour period. OR; 2. over eight (8) hours per day for part time regular employees OR; 3. over forty (40) hours in a seven (7) day week. b. In all cases overtime will be computed to the nearest one -quarter (1/4) hour. c. Overtime and premium pays shall not be duplicated or pyramided. Compensation shall not be paid more than once for the same hours under the provisions of this Agreement. Section 3. _Comp Time in Lieu of Pay for Overtime Upon receiving concurrence of the City, an employee may elect to receive compensatory time in lieu of overtime pay. Compensatory time is accrued at the rate of one and one-half (1.5) hours for each hour of overtime worked. Compensatory time may be accrued to a maximum of eighty (80) hours. Compensatory time in excess of eighty (80) will be paid as overtime. Upon termination, unused compensatory time will be paid at the current rate on the final paycheck. Section 4. Overtime Minimum - Call Back/Court Time Police Support Services Association Collective Bargaining Agreement — 2021 Page 15 Employees "called back" to work (including court appearances on behalf of the City) shall receive a minimum of two (2) hours pay at one and one half time the regular rate for the work for which they were called back. Call back occurs when the employee has finished his/her last regular shift but before beginning the next regular shift with less than twelve hours notice; or when requiring an employee to report on his/her day off. When an employee, not scheduled for call back, is called with less than one hour notice the pay calculation shall begin from the period when the employee is notified. When an employee, not scheduled for call back, is called with more than one hour notice but less than twelve hours notice the pay calculation shall begin from the time the employee leaves his/her residence. When an employee is scheduled for call back or receives more than twelve hours notice the pay calculation shall begin when the employee actually reports for work. Employees called back may be required to perform other duties for the duration of the minimum guarantee if the duty necessitating the call back does not take the full two hours. Section 5. Shift Bidding a. Records specialists shall be allowed to bid for shifts within their respective classifications by seniority. The bid cycle shall be for a period of one year, as determined by the City. Bidding for shifts will commence in October of each year for shifts effective January 1st of the next year. The City reserves the right to assign or transfer an employee from one shift to another, where reasonably required by operational considerations. b. If there is a vacancy at the time of shift bid, the vacancy will be identified by management. The identified vacant shift is unavailable for bid; however, consideration will be given to those members who make their interest known when submitting their bid (i.e. my bid is graveyard but would prefer vacant late - mid shift). When fully staffed, the Records members who have demonstrated interest in the vacant shift will receive first consideration by seniority. c. Management has the authority to adjust shifts for operation purposes. ARTICLE 5 — MANAGEMENT RIGHTS Section 1. The Association recognizes the right of the City to operate and manage its affairs in all respects in accordance with its lawful authority. The City retains the authority that the City has not expressly delegated or modified by this Agreement. Police Support Services Association Collective Bargaining Agreement — 2021 Page 16 Section 2. Management rights and responsibilities shall include, but are not limited to, the following examples: 1. The City and the Department shall retain all rights and authority to which by law they are entitled. 2. The City shall have the authority to organize and reorganize the operations within the Department. 3, The Association recognizes the right of the Department to enforce the Department Rules and Regulations, and operational procedures and guidelines. 4. The City has the exclusive right to schedule work and overtime work as required in the manner most advantageous to the City, consistent with the applicable provisions of this Agreement. 5. The City has the right to assess an employee's performance of their job. 6. The City has the right to: a. discipline, demote, suspend, and discharge non -probationary employees for just cause. Scheduling of disciplinary days off will be at the convenience of Department operations. b. to discharge probationary employees for any reason. Employees who are discharged before completing their probationary period shall not have access to the grievance procedures of this Agreement to protest or challenge the discharge or the reasons therefor. c. to recruit, hire, promote, fill vacancies, transfer, assign, and retain employees. d. to lay off employees for lack of work or funds or other legitimate reasons. 7. The City has the right to determine business hours, to determine the starting and quitting times, and to discontinue work that would be wasteful or unproductive. 8. The City has the right to control the Police Department budget. Police Support Services Association Collective Bargaining Agreement — 2021 Page 17 9. The City has the right to determine the methods, location, means and processes by which work shall be accomplished. 10. The City shall have the right to take any and all actions necessary in the event of an emergency. Section 3. The parties recognize the City may perceive a need to make operational changes in areas that are not covered by the above management responsibilities, and that are not otherwise explicitly covered by this Agreement. In the event the City desires to make such a change (in a mandatory subject of bargaining) the City shall give the Association at least ten (10) days' notice of the desired change. The Association may request bargaining of the issue, and the City thereafter will meet with the Association in an effort to resolve the issue. Should resolution not be achieved, either party may request the assistance of a PERC mediator and the parties will mediate for a period of thirty (30) days. Ultimately, the City may implement the change, after bargaining in good faith and impasse is reached. ARTICLE 6 - SICK LEAVE Section 1. Accrual and Usage Sick leave shall be accrued by regular, full-time employees at the rate of eight (8) hours per month. Regular, part-time employees shall accrue sick leave on a pro -rated basis in the same percentage as the employee's average weekly scheduled hours relate to a forty (40) hour week. An employee may accrue up to 720 hours in his or her sick leave account. Sick leave is to be used in cases of illness, accident or other conditions which require medical treatment or supervision and require an employee to be absent from work. Sick leave may be used to care for an employee's own health condition, to care for a dependent child (including dependent step -child or foster child) under the age of eighteen (18) with a health condition that requires treatment or supervision, a spouse, parent, parent -in-law, or grandparent of the employee who has a serious health condition or as more particularly established in WAC 296-130. Sick leave may also be used for the care, treatment and preventative health care of the employee and dependents. The parties agree that sick leave should not be abused, and that such abuse is cause for discipline. Section 2. Washington Paid Sick Leave Pursuant to Chapter 296-128-600 through 296-128-770 of the Washington Administrative Code (WAC) and Revised Code of Washington 49.46.210, Washington Paid Sick Leave is available to Association members to care for their health and the health of their family members. Police Support Services Association Collective Bargaining Agreement — 2021 Page 18 Washington Paid Sick Leave may be used for: an employee's mental or physical illness, injury or health condition; preventive care such as medical, dental or optical appointments and/or treatment; care of a family member with an illness, injury, health condition and/or preventive care such as medical, dental, optical appointment; closure of the employee's place of business or child's school/place of care by order of a public official for any health -related reasons; and when the employee or the employee's family member is a victim of domestic violence, sexual assault, or stalking. Authorized use of Washington Paid Sick Leave for domestic violence, sexual assault or stalking includes: seeking legal or law enforcement assistance or remedies to ensure the health and safety of employee's and their family members including, but not limited to, preparing for, or participation in, any civil or criminal legal proceeding related to or derived from domestic violence, sexual assault or stalking; seeking treatment by a health care provider for physical or mental injuries caused by domestic violence, sexual assault, or stalking; attending health care treatment for a victim who is the employee's family member, obtaining, or assisting the employee's family member(s) in obtaining services from a domestic violence shelter, a rape crisis center, or a social services program for relief from domestic violence, sexual assault or stalking; obtaining, or assisting a family member in obtaining mental health counseling related to an incident of domestic violence, sexual assault or stalking in which the employee or the employee's family member was a victim of domestic violence, sexual assault or stalking; and participating, for the employee or the employee's family member(s), in safety planning, or temporary or permanent relocation, or other actions to increase the safety from future incidents of domestic violence, sexual assault, or stalking. For purposes of Washington Paid Sick Leave, "family member" is defined as: a biological, adopted, or foster child, stepchild, or a child to whom the employee stands in loco parentis or legal guardian, or is de facto parent, regardless of age or dependency status; a biological, adoptive, de facto, or foster parent, stepparent, or legal guardian of an employee or the employee's spouse or domestic partner, or a person who stood in loco parentis when the employee was a minor child; a spouse, domestic partner, grandparent, grandchild or sibling. Accrual As established by law, an employee shall accrue one (1) hour of Washington Paid Sick Leave for every forty (40) hours worked. Washington Paid Sick Leave will accrue in conjunction with regular sick leave according to the collective bargaining agreement. Carry Forward The total sick leave hours that will be carried forward at year-end, for both standard sick leave and Washington Paid Sick leave, will be seven hundred sixty (760) hours. This will include a maximum of forty (40) hours of Washington Paid Sick Leave as provided by law. If an employee is not at the maximum carry forward of seven hundred sixty (760) Police Support Services Association Collective Bargaining Agreement — 2021 Page 19 hours, any hours of Washington Paid Sick Leave in excess of the forty (40) hour carry forward amount will be transferred to the city sick leave bank, so that employee does not lose hours that they previously would have banked prior to the establishment of Washington Paid Sick Leave. In no case will more than a combined total of seven hundred sixty (760) hours be carried forward. Verification of Absences Exceeding Three Days If an employee is seeking to use or has used Washington Paid Sick Leave for authorized purposes for more than three (3) consecutive days during which the employee is/was required to work, the employee may be required to provide -documentation that establishes or confirms that the use of paid sick leave is for an authorized purpose. Reinstatement of Employment Employees separating or retiring from employment will not be provided with financial or other reimbursement for unused, accrued Washington State Paid Sick Leave. If an employee leaves employment and is rehired within twelve (12) months of separation, any accrued, unused paid sick leave will be reinstated to the employee's paid sick leave bank. Should the reinstatement occur in a new fiscal year, the maximum bank will be the forty (40) hours carry over provided that the employee had forty (4) or more hours banked upon separation. Retaliation Prohibited Pursuant to Chapter 296-128-770 of the WAC, any discrimination or retaliation against an employee for lawful exercise of paid sick leave rights is prohibited. Employees will not be disciplined for the lawful use of Washington Paid Sick Leave. Section 3. Domestic Partner A person whom a City employee identifies as his or her domestic partner by completing an Affidavit of Domestic Partnership will be provided the same consideration as an employee's "spouse" for purposes of this Agreement. ARTICLE 7 — HOLIDAYS Section 1. Holidays Observed On January 1st of each year, the City shall bank (provide) one hundred sixteen (116) hours of holiday pay for each bargaining unit employee. Following are the official observed holidays: Police Support Services Association Collective Bargaining Agreement — 2021 Page 110 Commonly Called First day of January New Year's Da Third Monday of January Martin Luther King Da Third Monday of February President's Da Last Monday of May Memorial Da Fourth day of July Independence Da First Monday of September Labor Da 11th Day of November Veteran's Da Fourth Thursday of November Thanksgiving Da Friday following Day after Thanksgiving 25th day of December Christmas Day 2 Floating Holidays For employees hired after January 1st in a given year, the City may prorate the hours to be banked and shall bank (provide) the number of hours of holiday pay calculated by multiplying the number of holidays remaining to be celebrated in that year by eight (8) hours (e.g., for an employee hired on March 1st, sixty four (64) hours calculated by multiplying the number of holidays remaining to be celebrated in that year [eight (8)] by eight (8) hours); provided that the City shall not be required to bank hours for a Floating Holiday for any employee hired after July 1st during the employee's year of hire. If an employee permanently leaves the service of the employer before December 31st of any given year, the City may deduct banked hours credited to the employee's holiday pay bank equal to the number of holidays remaining to be celebrated in that year multiplied by eight (8) hours, as well as eight hours for the floating holiday if the termination occurs prior to July 1st of that year. Section 2. The decision of whether an employee will be required to work on an observed holiday will be made by the City. An employee who is required to work on an observed holiday as set forth above shall receive his/her regular rate of pay for hours worked, except that, an employee who is required to work on either Thanksgiving, Christmas, New Year's Day or an additional day each year to be designated by the City prior to December 1 of the previous year, shall be paid at time and one half for all hours worked. Section 3. All employees shall make reasonable efforts to expend their banked holiday hours prior to the end of each year (December 31). Employees may use their banked holiday hours in increments no smaller than two hours, and shall use all banked holiday hours prior to using any vacation hours. Banked holiday hours shall be used on a first earned, first out (FIFO) basis. Police Support Services Association Collective Bargaining Agreement — 2021 Page111 In the event an employee does not use all of his/her banked holiday hours prior to December 31, the employee will forfeit the remaining banked holiday hours, except that an employee may carryover unused banked holiday hours until June 30 of the following year, if: a. the employee makes a reasonable effort to use his/her banked holiday hours/pay, the employee is denied the opportunity to use banked holiday hours/pay by his/her supervisor, and the employee has written documentation of said effort in the form of completed Department leave request forms reflecting that the use of banked holiday hours/pay had been denied by the employee's supervisor, and/or b, the employee was prevented from using banked holiday hours/pay because of approved leave resulting from military service, long term disability, work related injury, or a similar reason. If an employee is unable to schedule banked carry-over time to be used by June 30th of the following year, the Deputy Chief shall attempt to schedule the banked carry- over time prior to June 30th of that year. If the Deputy Chief is unable to schedule the banked carry-over time by June 30th of that year, the City shall, upon the employee's next regularly scheduled payday, cash out the hours that cannot be further carried -over under these provisions at the employee's then -current rate of pay. An employee whose work schedule is other than an eight -hour day may use accrued vacation leave or compensatory time to supplement the holiday pay in order to receive the entire workday off with pay. ARTICLE 8 - EDUCATION ALLOWANCE Section 1. General Policy a. The City recognizes the need to encourage and promote educational opportunities for employees. The City will reimburse personnel for costs incurred in receiving approved education upon satisfactory completion of such education to the extent covered by the City's education reimbursement policy. Eligible costs include: Tuition; and 2. Books. b. If an employee is attending an accredited State institution, the employee shall be reimbursed based upon that institution's tuition schedule. If an Police Support Services Association Collective Bargaining Agreement — 2021 Page 112 employee is attending a non -State supported institution, the employee shall be reimbursed on the basis of the University of Washington tuition schedule. Any and all education assistance reimbursement is suspended indefinitely- C . Continuing Education Incentive AA- $40.00 per month BA- $80.00 per month In order to receive this premium, the degree must be in a field of study related to the employee's assignment, as reasonably determined by the Department. In addition the employee must fulfill a continuing education requirement of at least one Department approved college class per year or 20 hours of pre -approved specialized training over and above Department mandated training. The decision of whether to attain this incentive is discretionary with the employee, and all time spent travelling to and attending classes shall be on the employee's own time. The City's education reimbursement program shall apply to the Association, and should the City fail to fund the program, such that the employee can not receive reimbursement for the tuition, the continuing education requirement shall be waived for that year. ARTICLE 9 — VACATION Section 1. Vacation Members of the bargaining unit shall receive annual leave benefits as follows: COMPLETION OF: Through end of year 5 Upon beginning of year 6 Upon beginning of year 11 Upon beginning of year 16 Upon beginning of year 21 Upon beginning of year 26 ANNUAL VACATION HOURS 96 hours 132 hours 150 hours 180 hours 204 hours 216 hours Section 2. Scheduling Annual Leave — Seniority Basis During January, the Department shall conduct a bid for vacations for the following year. The bid shall be by seniority, and conducted by division and shift. All vacation bid requests shall be for work weeks. Vacation requests submitted subsequent to the vacation bid shall be considered dependent upon Department needs on a first, come first Police Support Services Association Collective Bargaining Agreement — 2021 Page 113 served basis. The City shall make the determination of how many employees may be on vacation at any one time. If the City cancels vacation once it has been approved and the affected employee has incurred non-refundable expenses in planning for the same, the employee shall be reimbursed by the City for those expenses. Any employee called back to duty once vacation has begun shall be reimbursed for any additional transportation costs incurred in returning to duty. Section 3. Payout Upon separation, all vacation hours accrued will be paid at the regular rate of pay. Section 4. Maximum Carry Forward a. An employee may not carry over to each subsequent calendar year more than two hundred forty (240) hours of vacation. b. Upon the effective date of the termination of an employee's employment, such employee shall thereupon be entitled to a sum of money equal to the employee's current straight -time hourly rate for any accrued unused vacation leave time, which shall be paid on the employee's final paycheck, up to two hundred forty (240) hours maximum. C. The City will schedule vacations, consistent with Department needs and coverage. Section 5. Service Leave Regular employees will be provided a one-time accrual of 40 hours (pro -rated for regular part-time employees) of vacation leave after each consecutive 10 year period of continuous employment (i.e. after 10 years, 20 years, 30 years, etc.). ARTICLE 10 — PENSIONS Pensions for employees and contributions to pension funds will be governed by Washington State Statute. ARTICLE 11 - BEREAVEMENT AND OTHER LEAVES Section 1. Bereavement Employees may take up to thirty (30) hours of bereavement leave for a death in the employee's immediate family. For purposes of this section immediate family is defined as a spouse, siblings, children, grandparents, grandchildren, in-laws, parents, aunts, and Police Support Services Association Collective Bargaining Agreement — 2021 Page 114 uncles. At its option, the Employer may construe this definition more broadly to include other persons living in the employee's household, or to established relationships having attributes to familial ties. With advance Department Director approval, up to an additional fifty-six (56) hours of sick leave may be utilized in these situations. With Department Director approval, an employee may use sick leave, not to exceed eight (8) hours, to attend the funeral of close friends or other relatives. Section 2. Personal Leaves A personal leave of absence is a privilege the City may extend to qualified regular full-time and regular part-time employees for specific periods of time under certain circumstances. It allows an employee to take time off from work for personal reasons (see also 11.5 Military Duty). All such leaves are taken without pay. A leave of absence must be requested in writing and submitted to the employee's immediate supervisor and department director for a recommendation as soon as the need for such a leave is known. The department director shall then forward the request to Human Resources for review. Only the Mayor may grant or deny any such personal leave requested. The employee may request or may be required by the City to use accrued vacation or compensatory time to offset loss of pay during the leave. No benefits such as vacation or sick leave are earned while on unpaid leave. Employees on leave may return early from leave if they notify the supervisor in advance. Failure to return from leave on or before the agreed upon date, however, will result in termination. An unpaid leave of more than thirty (30) calendar days will affect an employee's review dates. These days will be adjusted forward until the employee has completed as many days of continuous employment as the length of the leave of absence. An employee normally will be assured of returning to his or her position for a leave of absence of one hundred eighty (180) days or less in duration. Because of staffing requirements, however, it may be necessary to fill the current position for a leave of absence in excess of one hundred eighty (180) days. In this event, efforts will be made to place the employee in an available, open, comparable position. During any unpaid leave of one hundred eighty (180) days or less, an employee may continue his or her group insurance coverage by prepaying on a monthly basis the premium plus two percent (2%) during any affected period of the leave. Sick leave accrual shall not be used for non -medical leaves of absence. Section 3. Leave of Absence — Medical — Non-FMLA Medical leaves of absence may be granted for regular full-time and regular part- time employees who are unable to perform their job duties due to an illness or an accident and who are ineligible for or have exhausted FMLA leave. This medical leave of absence requires a doctor's certification and cannot exceed one hundred eight (180) days total, Police Support Services Association Collective Bargaining Agreement — 2021 Page115 including any FMLA leave. During medical leave, the employee may receive previously earned sick pay and earned but unused vacation benefits. A written request for a medical leave of absence must be returned to the department director along with a doctor's certification indicating the nature of the medical problem and the anticipated length of absence. A medical leave of absence may be extended, upon a written request, accompanied by an explanation from the employee's doctor of the need for an extension period. Even with an extension, however, a medical leave cannot exceed one hundred eighty (180) days total, including FMLA leave. Employees returning from a medical leave of absence must provide a doctor's written certification of their ability to return to work. The City reserves the right to require an examination by a doctor of the City's choice. Employees returning from a medical leave of one hundred eight (180) days or less return to the same position or a similar position of like pay or status, provided however, that the employee remains subject to legitimate job changes or layoffs that would have occurred even if they had not been on leave. During the paid medical leave of absence, the City will pay its portion of the employee's group insurance premiums for up to six (6) months total, including during FMLA leave. An unpaid leave of more than thirty (30) calendar days will affect an employee's review dates. These days will be adjusted forward until the employee has completed as many days of continuous employment as the length of the leave of absence. Section 4. Shared Leave The City's currently existing shared leave policy will be available for the duration of this Agreement. Section 5. Military Leave Any employee who is a member of the Washington National Guard or a federal military unit is entitled to leave from his or her duties as provided for by law, and shall be paid as required by law. An employee shall provide the City with notice of the leave as soon as the employee learns of the assignment, and shall furnish the City with a copy of his/her orders. A military leave shall be limited to the time of the military assignment. ARTICLE 12 - CITY SUPPLIED EQUIPMENT a. The City shall provide any federal and/or state required safety gear and apparatus. b. Employees who suffer a loss or damage to personal property and/or clothing in the line of duty shall be reimbursed for such loss or damage by the City, provided a claim is filed with the City. Loss due to neglect, Police Support Services Association Collective Bargaining Agreement — 2021 Page 116 negligence or abuse by the employee shall not be considered for reimbursement, nor shall damage caused by normal wear and tear. Reimbursement shall be limited to personal property with a reasonable and ordinary value (i.e. — no Rolex watches). c. The City shall purchase the following uniforms for customer service personnel and provide dry cleaning: 1. Property/Evidence Section: 3 polo shirts with City logo (navy, black, or tan) and 3 slacks (navy, black, or tan), 1 wool sweater zip or button (navy or black), and 1 winter jacket (black or navy). 2. Quartermaster: 3 polo shirts with City logo (navy, black, or tan) and 3 slacks (navy, black, or tan), 1 wool sweater zip or button (navy or black), and 1 winter jacket (black or navy). 3. Animal Service Officers: 2 uniform shirts and pants, jumpsuit, ballistic vest, jacket, duty belt, portable radio with holder, cellphone, and flashlight. Two less lethal of either OC with holder, collapsible baton with holder or Taser with holster. 4. Transport Officers: 2 uniform shirts and pants, jumpsuit, ballistic vest, jacket, duty belt, firearm, Taser with holster, 2 pairs of cuffs with cases, portable radio with holder, OC with holder, collapsible baton with holder, cellphone, and flashlight. 5. Animal Service Officers and Transport Officers: shall be reimbursed $100.00 per year for expenses incurred purchasing work boots. Unused reimbursement money may be rolled over to the next year in the event an employee does not purchase boots during a year. The City agrees to repair and/or replace clothing provided by the City as determined by the supervisor. Except as noted above, the City will not require that members of the association wear employer -provided uniform items. The Association members will instead abide by Section 9.2 (Personal Appearance and Dress) of the City of Federal Way Employee Guidelines. ARTICLE 13 - SAVINGS CLAUSE If any article of the agreement or any addenda hereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article should be restrained by such tribunal, the remainder of the agreement and addenda shall not be affected thereby and the parties shall enter Police Support Services Association Collective Bargaining Agreement — 2021 Page117 immediate collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement of such article. ARTICLE 14 - ENTIRE AGREEMENT The agreement expressed herein in writing constitutes the entire agreement between the parties and no oral statement shall add to or supersede any of its provisions. The parties acknowledge that each has had the unlimited right and opportunity to make demands and proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right are set forth in this agreement. Therefore, except as otherwise provided in the agreement, the City and Association, for the duration of this agreement, each voluntarily and unqualifiedly agree to waive the right to oblige the other party to bargain with respect to any subject or matter specifically covered by this agreement. ARTICLE 15 - PERFORMANCE OF DUTY Section 1. Non -Strike Provisions Nothing in this agreement shall be construed to give an employee the right to strike and no employee shall strike or refuse to perform his assigned duties to the best of his ability. The Association agrees that it will not condone or cause any strike, slowdown, mass sick call, or any other form of work stoppage or interference to the normal operation of the Federal way Police Department. ARTICLE 16: GRIEVANCE PROCEDURE Section 1. Grievance Procedure Steps a. Any grievance that may arise between parties concerning the application, meaning, or interpretation of this Agreement, shall be settled in the manner prescribed by this grievance procedure. b. A "Grievance" is defined as a claim or dispute by an employee, group of employees, or the Association concerning the interpretation or application of the provisions of this Agreement. Nothing in this procedure shall prohibit an employee from discussing a complaint directly with his supervisor or department head without representation by the Association, as provided by State Law. C. Should a subject for claim or dispute arise, there shall be no stoppage of work by employees, but an earnest effort shall be made to settle such claims or disputes promptly and in the manner hereinafter outlined. Police Support Services Association Collective Bargaining Agreement— 2021 Page 118 Step 1 An employee or a group of employees claiming to have a grievance shall discuss the complaint with the immediate supervisor within ten (10) calendar days of the alleged occurrence, or when they reasonably should have known of the alleged occurrence. Step 2 The supervisor shall attempt informal resolution of the grievance within seven (7) calendar days after it is presented. Step 3 Provided the grievance is not settled satisfactorily at step 2, it may be presented to the Police Chief (or designee) by the Association within seven (7) calendar days of the supervisor's response or the expiration of the time limit in step 2. The submission shall be in writing, setting forth the nature of the grievance, the articles of this agreement allegedly violated, and the requested remedy. Step 4 The Police Chief or designee shall attempt to settle the grievance within ten (10) calendar days after it has been presented, and shall respond in writing. Step 5 If the grievance is not settled by the Police Chief within the time allowed, it may be presented in writing to the Mayor, with a copy to the Director of Human Resources, by the Association within seven (7) calendar days of the Police Chief's response or the expiration of the time limit in step 4. Step 6 The Mayor shall have fourteen (14) days to review the grievance. If the Mayor does not respond or otherwise settle the grievance within the fourteen -day period, the grievance shall be automatically advanced to step 7, and shall not be forfeited by either party. Step 7 a. If the grievance is not settled at step 6, and involves a matter other than discipline, the dispute will be referred to the negotiating committee of both parties. The two committees shall meet within ten (10) calendar days to consider the dispute. At that meeting, all pertinent facts and information will be reviewed in an effort to resolve the matter through conciliation. If no satisfactory solution is reached Police Support Services Association Collective Bargaining Agreement — 2021 Page 119 in this step, the matter may be submitted in writing to arbitration within 30 calendar days of the conciliation meeting. b. If the grievance is not settled at step 6 and involves discipline other than an oral or written warning, the matter may be submitted, in writing, to arbitration within thirty (30) calendar days of the date that the Mayor's review is due. Oral and written warnings may only be grieved through step 6 of this procedure. However, if the City attempts to introduce prior oral or written warnings in a subsequent discipline case that is subject to arbitration, the City shall be required to prove that it had just cause to issue those prior oral or written warnings as well as the instant discipline. Section 2. Arbitration Panel The City and the Association mutually agree to a permanent panel of arbitrators to hear all grievances in arbitration. The panel shall consist of three arbitrators: Janet Gaunt, Gary Axon, and Ken Latsch. Only one arbiter shall hear each grievance and they shall be picked in rotation, provided that either party may elect to disqualify one arbiter on the list for a particular hearing. The Association must exercise its right to disqualify the arbiter at the top of the rotation list in writing, filed at the same time it submits the dispute to arbitration pursuant to step 7 of the grievance procedure. If the City wishes to exercise this right, it must do so within twenty (20) days of being served with the Association's demand for arbitration. The decision of the Arbitrator shall be final and binding on the parties. a. The Arbitrator shall make his/her own rules of procedure. The Arbitrator shall have no authority to amend, alter, or modify this Agreement or its terms, and shall limit his/her decision solely to the interpretation and application of this Agreement. b. Each grievance or dispute will be submitted separately except when the City and the Association mutually agree to have more than one grievance or dispute submitted to the Arbitrator. C. The losing party shall bear the expense of the Arbitrator. The losing party shall be denominated in the award. When there is no winning party, the cost of the Arbiter shall be borne equally by the parties. All other costs and fees will be paid by the party incurring the cost/fee. d. The Arbitrator shall have thirty (30) days from the close of the hearing to issue an award. Section 3. Time Limits Time limits will be strictly adhered to, but may be extended by mutual written agreement upon reasonable request, except for situations where no timely grievance is Police Support Services Association Collective Bargaining Agreement — 2021 Page 120 filed. While forfeiture under this clause will finally resolve the matter in dispute, it will not establish a precedent between the parties on issues of contractual interpretation. Section 4. Multiple Procedures If employees have access to multiple procedures for adjudicating grievances, the selection by the employee of one procedure will preclude access to other procedures; selection is to be made no later than at the conclusion of step 6 of this grievance procedure. Section 5. Step 3 Submission In those instances where disciplinary action is based on reasonable evidence of the commission of a crime, or the proposed discipline involves suspension or termination of the employee, step 3 of the Grievance Procedure will be initiated immediately. Section 6. Just Cause Standard No post probationary employee may be discharged, suspended without pay, demoted (except as provided below) or disciplined in any way except for just cause. The City may withhold a step increase, for a specified period of time, if it has just cause. Section 7. Parties to the Agreement In as much as this is an agreement between the City and the Association, no individual employee may make use of the provisions of this Article, except as expressly provided above. Section 8. Probationary Period All newly hired employees must serve a probationary period. The probationary period for newly hired employees shall be one year. The probationary period shall be extended for the number of work days equal to the number of work days an employee was absent in excess of 10 work days during the probationary period. The probationary period is an extension of the hiring process; therefore, the provisions of this Article (including the Just Cause Standards in Section 16.6) will not apply to employees if they are discharged during their initial probationary period. Grievances brought by probationary employees involving issues other than discharge may be processed in accordance with this Article. ARTICLE 17 - EMPLOYER & EMPLOYEE RIGHTS Section 1. Discipline It is agreed that the employer has the right to discipline, demote, suspend, or discharge any employees for just cause. Section 2. Disciplinary Investigations Police Support Services Association Collective Bargaining Agreement — 2021 Page 121 In criminal matters, an employee shall be afforded those constitutional rights available to any citizen. In administrative matters relating to job performance, the following guidelines shall be as follows: a. "Interrogation" as used herein shall mean any questioning by an agent of the City who is conducting an investigation (as opposed to a routine inquiry) of the employee being interrogated, when the agent knows (or reasonably should know) that the questioning could result in employee discipline. b. Before interrogation, the employee shall be informed of the nature of the matter in sufficient detail to reasonably apprise him/her of the matter. Nothing herein shall operate as a waiver of the Association's right to request bargaining information. C. Any interrogation of an employee shall be at a reasonable hour, preferably when the employee is on duty, unless the exigencies of the investigation dictate otherwise. d. Any interrogation shall take place at the City Police Department, except when impractical. The employee shall be advised of their right to and shall be allowed that PSSA representation to the extent allowed by the law. e. The questioning shall not be overly long and the employee shall be entitled to such intermissions as are reasonably necessary. f. The employee shall not be subjected to any offensive language or abusive questioning, nor shall he/she be threatened with dismissal, transfer or other disciplinary punishment as a guise to attempt to obtain his/her resignation. g. The Employer shall not require any employee covered by this Agreement to take or be subjected to a lie detector test as a condition of continued employment. Nor shall polygraph evidence of any kind be admissible in disciplinary proceedings, except by stipulation of the parties to this Agreement. h. The Department may, and upon request will, tape record any interrogation. Upon request, a copy of the tape/transcript (if made) will be provided to the employee. Section 3. Psychological Evaluations The purpose of this Section is to balance the interest of the Employer in obtaining a psychological evaluation of an employee to determine the employee's fitness for duty and the interest of the employee in having those examinations being conducted unobtrusively, and so as to protect the employee's privacy. Generally, an evaluation will Police Support Services Association Collective Bargaining Agreement — 2021 Page 122 be ordered only if the employer has a reasonable concern that an employee is psychologically unfit to perform the job. a. Results of the Evaluation. The City shall provide the doctor with the employee's job description and other information necessary for the doctor to understand the duties and responsibilities of the employee. The doctor will issue a written report to the Employer and the employee. The only information which the doctor may disclose shall be whether the employee is fit or unfit for duty or requires modified work conditions, and the prognosis for recovery, and the reason why the doctor has reached those conclusions. Additionally, where the cause of the unfitness is duty -related, the doctor shall disclose that cause. If the doctor believes the employee is fit for duty but needs modified work conditions, the doctor will indicate what modifications are necessary and the extent or duration projected of the modification. The doctor will keep all data that has been made available to him or her confidential and not release it to any of the parties except the employee. Modified work conditions may include light duty assignments of limited duration. b. As used in this section, "doctor' refers to a psychologist or psychiatrist. ARTICLE 18 - COMPENSATION Section 1. Salaries a. The wage scale attached as Appendix A. Effective January 1, 2021 the wage scale will be increased by 2% and effective July 1, 2021 the wage scale will be increased by 1 %. b. Paid Lunch. Refer to Section 4.1 Hours of Work c. Extra -Duty Pay. Employees assigned as Records Training Specialists ("RTSs") shall receive an additional three (3) percent of the top step wage rate per month, as extra -duty pay for all time spent in the actual training of employees. The Property Evidence Technician, who has been trained and certified to test marijuana, shall receive an additional five (5) percent of top step wage rate per month, as extra -duty pay for all time spent in actually testing marijuana. d. On -Call Pay. Employees assigned as Animal Services Officers shall receive an additional three (3) percent of the top step wage rate for all time spent on -call to provide coverage for unscheduled absences shorter when the work schedule has not been adjusted. Police Support Services Association Collective Bargaining Agreement — 2021 Page 123 Section 2. Out of Class Extra Duty pay may be awarded to a single individual who, for a period of time exceeding thirty (30) calendar days, assumes substantial responsibilities when assigned to substitute in a vacant position, in addition to performing the duties of the position currently held. The vacancy may be due to termination, leave of absence, extended illness or other reasons approved by the Mayor or his/her designee. When such an assignment extends beyond thirty (30) calendar days, the employee may receive up to a ten percent (10%) increase for the entire extra duty time. The percentage of Extra Duty pay awarded will be determined by the department director, and funding for the additional compensation will come from the department budget. The added compensation will cease when the assignment ends. ARTICLE 19 - INSURANCE COVERAGE Section 1. Medical/Dental Plans a. The City shall pay each month one hundred percent (100%) of the premium necessary for the purchase of employee coverage and ninety percent (90%) of the premium necessary for the purchase of dependent coverage (excluding spouses who have other coverage available through his/her place of employment) under the Kaiser Permanente PPO Access or HMO insurance plans as selected by the employee. The City will reimburse actual expenses incurred in order to cover the annual deductible payments under the PPO Plan ($100 individual, max $300 family). b. The City offers a two tier co -pay for health insurance (Plan A and Plan B) depending upon participation in wellness. Employees will remain on the lower co - pay plan (Plan A) if they earn 1000 points (Biometric Screening and Healthscreening Questionnaire required and earns 500 points) by November 30 of each year in order to be eligible for Plan A in the succeeding year. c. The City agrees to place the members and eligible dependents on dental coverage Plan F. Section 2. Life Insurance The City shall pay the entire premium for double indemnity life insurance coverage for each eligible employee in the bargaining unit. The City will determine the manner in which insurance coverage is secured. The amount of life insurance shall be equal to one times the employee's annual base salary to a maximum of $110,000 and a minimum of $25,000. ARTICLE 20 - FEDERAL WAY COMMUNITY CENTER PSSA members are eligible to receive membership at the Federal Way Community Center by signing up for a payroll deduction of six dollars ($6.00) per pay period. This Police Support Services Association Collective Bargaining Agreement — 2021 Page 124 membership is on a quarterly basis and enrollment must be received by the 15t" of the first month of the new quarter. Employees who visit the FWCC at least eighteen (18) times during the quarter will receive a fifteen dollar ($15.00) rebate check. Employees may only cancel their membership after the last payroll deduction for the quarter has been completed and upon written request. If an employee cancels their membership mid -year, they are not eligible to rejoin until the following calendar year. While the City anticipates adequate funding, should there be higher than projected use, passes will be issued as indicated above only until the funding is exhausted. Employees have the option to add family members at an additional cost. For more information please contact the Community Center directly. Community Center membership as described above is being provided on a trial basis and may be modified or discontinued at the sole discretion of the City. ARTICLE 21 - SUBSTANCE ABUSE POLICY No employee shall be required to take or be subjected to any random alcohol or drug testing as a condition of continued employment, except when: 1. the City has a "reasonable suspicion" that an employee may be under the influence of drugs or alcohol while on duty and/or 2. an employee who, while driving a City vehicle or while driving on City business, is involved in an accident which results in a serious injury or in which the employee is cited under local or state law for a moving traffic violation. ARTICLE 22 - PROBATIONARY EMPLOYEES All newly hired and promoted employees must serve a probationary period. The probationary period for newly hired employees shall end one year from the date the employee begins work for the City. The probationary period upon promotion shall be one year from the date of appointment. The probationary period shall be extended for the number of work days equal to the number of work days an employee was absent in excess of 10 work days during the probationary period; provided that the taking of scheduled and approved vacation shall not be counted toward the ten day period for promotional probationers. The probationary period is an extension of the hiring process; therefore, the provisions of the grievance procedure will not apply to employees if they are discharged during their initial probationary period or are demoted during the promotional probationary period for not meeting the requirements of the classification. Grievances brought by probationary employees involving issues other than discharge or demotion may be processed in accordance with Article 17. ARTICLE 23 - TERM OF AGREEMENT The effective date of this Agreement is January 1, 2021 and shall remain in force until December 31, 2021. Any changes in wages, hours or working conditions from those Police Support Services Association Collective Bargaining Agreement — 2021 Page 125 previously in effect shall become effective upon the execution of this agreement unless a specific, different effective date is indicated for a particular change. Signed this day of City of Federal Way Jim Ferrell, Mayor Approved as to form.- J. Ryan Call, City Attorney Police Support Services Association Collective Bargaining Agreement — 2021 2021, at Federal Way, Washington. Police Support Services Association Karen Grossnickle, President Page 126 APPENDIX A WAGES GENERAL WAGE ADJUSTMENTS: Effective January 1, 2021 a 2% increase a18 Customer Service Specialist 3892 4056 4227 4404 4592 4925 a18 Records Specialist 3892 4056 4227 4404 4592 4925 a18 Administrative Assistant 1 3892 4056 4227 4404 4592 4925 a20 Property/Evidence Tech 4085 4260 4441 4627 4823 5167 a24 Animal Services Officer 4534 4729 4931 5137 5354 5738 a27 Public Records Coordinator 4886 5091 5304 5526 5760 6174 a30 CALEANolunteer Coordinator 5207 5429 5659 5897 6146 6587 a30 Crime Analyst /Prevention Specialist 5207 5429 5659 5897 6146 6587 a30 Transport Officer 5207 5429 5659 5897 6146 6587 uartermaster 5207 5429 5659 5897 6146 6587 :LcQrime Analyst /Prevention Prg. Coord. 5471 5700 5938 6 990 6449 6915 Effective July 1, 2021 a 1% increase a18 Customer Service Specialist 3931 4096 4269 4448 4638 4974 a18 Records Specialist 3931 4096 4269 4448 4638 4974 a18 Administrative Assistant 1 3931 4096 4269 4448 4638 4974 a20 Prope rty/Evidence Tech 4126 4302 4485 4673 4871 5219 a24 IAnimal Services Officer 4579 4776 4980 5188 5408 5795 a27 Public Records Coordinator 4935 5142 5357 5582 5818 6236 a30 CALEANolunteer Coordinator 5259 5484 5716 5956 6207 6653 a30 Crime Analyst /Prevention Specialist 5259 5484 5716 5956 6207 6653 a30 Transport Officer 5259 5484 5716 5956 6207 6653 a30 Quartermaster 5259 5484 5716 5956 6207 6653 a32 Crime Analyst/Prevention Pr . Coord. 1552615757 599816252 6514 6984 Police Support Services Association Collective Bargaining Agreement — 2021 Page 127 we COUNCIL MEETING DATE: November 16, 2021 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: PROPOSED SETTLEMENT IN THE MATTER OF FELIz-BORDONADA V. KMER ETAL. POLICY QUESTION: Should the City Council approve the proposed settlement for the Feliz-Bordonada lawsuit? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing - ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: J. Ryan Call, City Attorney Attachments: 1. Staff Report DEPT: Law Options Considered: 1. Approve the proposed settlement. 2. Do not approve proposed settlement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: N/A Committee Initial/Date COMMITTEE RECOMMENDATION: N/A Committee Chair DIRECTOR APPROVAL: -JgG Initial/Date Initial/Date Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed settlement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) Committee Member COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: November 8, 2021 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: J. Ryan Call, City Attorney SUBJECT: Proposed Settlement in the Matter of Feliz-Bordonada v. Keiser et al. Financial Impacts: The cost to the City for the proposed settlement is included within the approved budget under the City's Risk Fund. The proposed settlement is $425,000 for a complete release of all claims against the City. $250,000 of this total will be paid by the City (to date expenditures for legal fees will be credited towards the City's retention of $250,000). The City's excess insurance carrier will pay the balance of $175,000. Background Information: On August 17, 2018, plaintiff, Yolie Feliz-Bordonanda was riding her bicycle south on the east sidewalk of Pacific Hwy. S. As she approached the commercial driveway of Gravity Coffee, defendant Daniel Keiser drove his lifted Toyota Tundra pick-up truck out of the Gravity Coffee driveway onto northbound PHS. Mr. Keiser failed to stop at the posted stop sign at the end of the driveway and ran over plaintiff. Plaintiff original demand was $16 million in damages. Plaintiff amended her original complaint alleging design and construction defects caused by the City, the property owner (Cadence) and property developer (PacLand). The cause of action against the property tenant, Gravity Coffee, was dismissed from the lawsuit. Mr. Keiser was insured at the minimum amount required by state law, leading to potential joint and several liability against the other defendants in this matter, including the City. On November 5, 2021, the parties participated in mediation where a settlement among all remaining parties was reached. Major's Recommendation: Authorize the settlement of this matter as outlined above. Rev. 7/18 7c COUNCIL MEETING DATE: November 16, 2021 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PROPOSED SETTLEMENT IN THE MATTER OF CAROL WILLIAMS V. CITY OF FEDERAL WAY, ETAL. POLICY QUESTION: Should the City Council approve the proposed settlement for the Williams lawsuit? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: J. Ryan Call, City Attorney DEPT: Law Attachments: 1. Staff Report Options Considered: 1. Approve the proposed settlement. 2. Do not approve proposed settlement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: N/A Cosntnittee Initial/Date COMMITTEE RECOMMENDATION: N/A DIRECTOR APPROVAL: 110 W Initial/Date Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed settlement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: November 10, 2021 TO: City Council Members VIA: Jim Ferrell, Mayor Apo I i j/ 1p/� FROM: J. Ryan Call, City Attorney I SUBJECT: Proposed Settlement in the Matter of Williams v. City of Federal Way et al. Financial Impacts: The cost to the City for the proposed settlement is included within the approved budget under the City's Risk Fund. The proposed settlement is $7,500 for a complete release of all claims against the City. The City is self -insured for this matter. Background Information: Plaintiff, Carol Williams, alleged that in 2017 she tripped over exposed bolts protruding from the sidewalk where a commercial mailbox was removed. She complained of injuries to her foot and knee that she attributed to the fall caused by these bolts. The City had no notice of the exposed bolts, did not remove or install the post boxes, and had no special duty to Ms. Williams. Plaintiff sued the USPS, the owner of the building near the mailboxes and the City. Claims against the USPS were dismissed. On November 9, 2021, the parties participated in mediation where a settlement among all remaining parties was reached. Mayor's Recommendation: Authorize the settlement of this matter as outlined above. Rev. 7/18 **ADDED ITEM** added at Council Meeting 11/16/2021 COUNCIL MEETING DATE: November 16,-2021 ITEM #: 7d CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ACCEPTANCE OF GRANT FUNDS FOR SB5476 THERAPEUTIC COURT GRANT PROGRAM POLICY QUESTION: Should the City Council give approval to accept Grant funds awarded by the Administrative Office of the Courts ("AOC")? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Judge Dave Larson DEPT: Municipal Court Attachments: 1. Staff Report Memo 2. AOC Award Letter for SB5476 3. Grant Agreement - Template Options Considered: 1. Approve the acceptance of grant funds. 2. Do not approve the acceptance of the grant funds and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. [ MAYOR APPROVAL: S' ! JUDGE APPROVAL: \_ r I L7 Committee • Cou i .Initial/Da{e Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to accept the grant funds from AOC and authorize the court to execute any contract related to acceptance. " (BELOW TO BG COMPLETED B I' CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: November 3, 2021 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Judge Dave Larson SUBJECT: Acceptance of Grant for Therapeutic Approaches to Criminal Justice Financial Impacts: The Court applied for and received a grant of $271,776 out of monies appropriated by the legislature in SB 5476. The monies with be allocated to the City in two payments; $135,888.00 in December 2021 and another $135,888.00 in July 2022. The funds are to be used in 2022 and 2023. Seethe attached Award Letter for SB 5476 Therapeutic Court Grant Program. The intended use of the funds will be to contract with Policy Research Associates Inc. (PRA) for Sequential Intercept Mapping ($24,000) and Peer Washington for peer support ($247,776). We will be sharing peer support services with Des Moines, but we will administer the grant and the contracts. Background Information: The court has operated a community court for just under five years with no funding. There have been some successes, but we have been hampered in our efforts to pull together resources to support the people we serve. In addition, COVID essentially shut down the community court for months and we lost Valley Cities as our care coordinator. Finally, services and resources are fragmented making it difficult for the court to organize those services and resources and also difficult for people to engage those services and resources. 1. Sequential Intercept Mapping We contribute to lack of the success by not having a community coordinated response to the issues we face in our community. The idea is to have a deliberate mechanism in place that refers people to resources and services that are organized strategically. The purpose of Sequential Intercept Mapping is to assess the strengths and weaknesses of the existing system and then develop partnerships to bolster the delivery of services and resources and fill gaps that exist. PRA explains Sequential Intercept Mapping as follows: "It's a dynamic, interactive tool for developing criminal justice -mental health partnerships used by communities to assess their resources, gaps and opportunities at each of five "intercept points." The mapping exercise aims Rev. 7/18 to identify potential opportunities for diversion, or alternative justice and behavioral health interventions for persons with mental illness and co- occurring disorders, within each of the five intercepts." The five intercepts for intervention in the criminal justice system are as follows: Intercept I — Law enforcement interaction (could be social contact or arrest) Intercept 2 — Initial court appearance Intercept 3 — Pretrial court appearances including therapeutic courts Intercept 4 — Reentry after jail Intercept 5 — Probation Intercept 0 represents the broader community outside criminal justice which includes self -referrals, and referrals family members/friends, medical providers, EMS, and other community members such as pastors and others that might refer people for interventions when needed. The Sequential Intercept Model iatereepi 0 iMereept t l m,iui4y 5taY[cy LwErif—mmk Crlels Llrwe Intercept 2 Initial lmmioiV WHA Cw t Hearings Inlereept a kiL'ti:J urrs 5"IV Court tMercept 4 Remlry Intercept 5 CO mun4Camoiws --� ,RiUpflr M 2 crisis care �� Amn FIInt tnttEal Court Jail IN.apoWanef u.;'..:. Z U Conllnuum a fato mmt CrotpMlon Appsaranca Court ate. Protrataon F I Y.. Source: Policy ResearchAssoeiatm Inc, https;//wv.rw.prainc,corn/sirn/. We will be mapping resources and services for all of South King County and will be inviting all South King County courts and cities to participate. The goal is to develop a network of services and resources that are organized in a way that makes it easier for all concerned to interact with those services and resources and that maximizes effectiveness through collaboration. Regional Resource Networks Linkage Best Use of Resources for Best Results ResourceRegional Networks Rev. 7/l8 2. Peer Support Much of our failure as a system is caused by our expectation that people who are impaired will make decisions and behave in the same way that a non -impaired person would. Probation is the traditional arm of the court that is supposed to assure compliance with court orders and other requirements, but the crisis we are in is beyond the capability of traditional probation strategies. We need peer support services to provide the needed guidance and support to those that are impaired. We have had some success with our partnership with King County on the PALS program (Pretrial Assessment and Linkage Services), but peer support is lacking and we could experience greater success if participants had peer guidance. We have volunteer mentors in community court, but they do not have the lived experiences of many that we see. Early intervention is key and we will be utilizing peer support in all of the intercepts. According to the Substance Abuse and Mental Health Services Administration (SAMHSA) peer navigators are essential because, "Through shared understanding, respect, and mutual empowerment, peer navigators help people become and stay engaged in the recovery process and reduce the likelihood of relapse. Peer support services can effectively extend the reach of treatment beyond the clinical setting into the everyday environment of those seeking a successful, sustained recovery process. " Our contract with Peer Washington will provide approximately 1.5 FTEs of peer support services with 1.0 FTE starting on January 1, 2022 and the .5 FTE starting on April, 1, 2022. Rev. 7/18 0 WASHINGTON COURTS SENT VIA EMAIL October 29, 2021 ATTN: David Larson, Presiding Judge Tiziona Glazzi, Administrator Federal Way Municipal Court 33325 8th Ave S Federal Way, WA 98003-6325 Subject: Award Letter for SB 5478 Therapecific Court Grant Program ADMIN@STRAmVE OFFICE OF THE COURTS Dawn Made Rubio, J.13- S1a1e Coin Adrrifii4 rator We are pleased to inform you that the Administrative Office of the Courts (AOC) has reviewed your recent grant application, and has chosen to award you a grant In the amount of $271,778.00- The amount awarded may differ from the amount you requested- AOC adjusted all funding requests to start in December 2021 and end at the conclusion of FY23 (July 2023). If you have any questions about how your award was recalculated, please reach out to Stephanie Oyler at 5teohanie.Oy1er@caurts_wa_goy. It is the intention or AOC that the grant be used to identify individuals before Federal Way {Municipal Court with substance use disorders or other behavioral health needs and engage those individuals with community -based therapeutic interventions as described in your grant application. This award letter explains the responsibilities and expectations of grant recipients. You will receive a Grant Agreement formalizing the terms of your award and a blank A.19 form in November - Grant recipients must sign the Grant Agreement and complete an A-19 form within ten days of receipt, and specify the contract manger, including their contact information- Once the Grant Agreement and accompanying A-19 form are signed and returned to ACC, the award monies will be dispersed. Award Disbursement Your award will be split into two disbursements- Recipients will receive the first half of their award ($135,888-00) in December 2021, and the second half of their award (3135,888.00) in July 2022. Award monies will be divided into one of four cost categories- Cast categories will dictate how an award) can be spent. The cost categories are as follows: • Personnel Salaries & Benefits r Staff Equipment & Training STATE OF WASHINGTON t2O5LNUINC:ESTSE.R.O.Box d1170 ap)WA,'AA 9S;dd-1t7'D 3613•753.33155 + 315C SB&SEAD fax s x'aw.ue1u1LS.W2.9LW Rev. 7/18 r Treatment Services (therapeutic services Specifically designed to address SUD and MH) & Compliance Monitoring • Other Participant Services (other supportive services meant to ensure participant success- i.e. transportation services, including bus passes or car services providing transportation to court related activities and direct provision of meals, water and snacks, but excluding program incentives that would constitute a"gifi-" The table below will show how your award must be distributed amongst the cost categories. A recipient is allowed to move award monies between categories if it less than 10% of the total award amount. If a recipient wishes to move more than 10% of the total award between cost categories, the recipient must have permission from AOC. personnel Staff Equipment & Trair7,I ig Treatment SerOces Other Padidpant services Total Award $271,776,00 $0.00 S0.00 $0.0) $271,776.00 Raoorting Requirements Award recipients will be required to report quarterly to AOC. an the impact of the award on their court and the effectiveness of their therapeutic court program at the dates listed below. First Report due April 30..2022 Second Report due September 31, 2022 Third Report due February 26, 2023 Fourth Report due June 30, 2023 Reports should include the number of Individuals engaged in your therapeutic court program for that quarter, a detailed list of the services provided to individuals involved in the program for that quarter, the east of those services and a description of the challenges faced by your therapeutic court program. Reports should be submitted to Stephanie.Ovier0ft- urts.wa.1a . If you have any questions regarding the terms expressed in this letter, please contact Brittany Gregory at Brittany. Greoo,U courts.wa.gov. Respectfully, Christopher Stanley Chief Financial and Management Officer or: Dawn Marie Rubio, State Court Administrator Brittany Gregory, Associate Director of Judicial and legislative Relations Stephanie Oyler, Court Associalian Coordinator Judge Rebecca Robertson STATE OF WASHINGTON t206 OUINGE ST SE - F .O. Box Q S 170 • 6)mrp;a�WA M04.1970 360�753,3365 - 360,51B&6653Fxg • k omwurl .wa.gov Rev. 7/18 WASHINGTON COURTS SENT VIA EMAIL October 29, 2021 ATTN: David Larson, Presiding Judge Tiziana Giazzi, Administrator Federal Way Municipal Court 33325 8th Ave S Federal Way, WA 98003-6325 Subject: Award Letter for SB 5476 Therapeutic Court Grant Program ADMINISTRATIVE OFFICE OF THE COURTS Dawn Marie Rubio, J.D. State Court Administrator We are pleased to inform you that the Administrative Office of the Courts (AOC) has reviewed your recent grant application, and has chosen to award you a grant in the amount of $271,776.00. The amount awarded may differ from the amount you requested. AOC adjusted all funding requests to start in December 2021 and end at the conclusion of FY23 (July 2023). If you have any questions about how your award was recalculated, please reach out to Stephanie Oyler at Stephanie.Oyler2courts.wa.gov. It is the intention of AOC that the grant be used to identify individuals before Federal Way Municipal Court with substance use disorders or other behavioral health needs and engage those individuals with community -based therapeutic interventions as described in your grant application. This award letter explains the responsibilities and expectations of grant recipients. You will receive a Grant Agreement formalizing the terms of your award and a blank A-19 form in November. Grant recipients must sign the Grant Agreement and complete an A-19 form within ten days of receipt, and specify the contract manger, including their contact information. Once the Grant Agreement and accompanying A-19 form are signed and returned to AOC, the award monies will be dispersed. Award Disbursement Your award will be split into two disbursements. Recipients will receive the first half of their award ($135,888.00) in December 2021, and the second half of their award ($135,888.00) in July 2022. Award monies will be divided into one of four cost categories. Cost categories will dictate how an award can be spent. The cost categories are as follows: • Personnel Salaries & Benefits • Staff Equipment & Training STATE OF WASHINGTON 1206 QUINCE ST SE • P.O. Box 41170 e Olympia, WA 98504-1170 360-753-3365 9 360-586-8869 Fax . www.courts.wa.gov Treatment Services (therapeutic services specifically designed to address SUD and MH) & Compliance Monitoring Other Participant Services (other supportive services meant to ensure participant success- i.e. transportation services, including bus passes or car services providing transportation to court related activities and direct provision of meals, water and snacks, but excludinq program incentives that would constitute a "gift." The table below will show how your award must be distributed amongst the cost categories. A recipient is allowed to move award monies between categories if it less than 10% of the total award amount. If a recipient wishes to move more than 10% of the total award between cost categories, the recipient must have permission from AOC. Personnel Staff Equipment & Training $271,776.00 Reporting Requirements $0.00 Treatment Services $0.00 Other Participant Total Award Services $0.00 l $271 ,776.00 Award recipients will be required to report quarterly to AOC on the impact of the award on their court and the effectiveness of their therapeutic court program at the dates listed below: First Report due April 30, 2022 Second Report due September 31, 2022 Third Report due February 28, 2023 Fourth Report due June 30, 2023 Reports should include the number of individuals engaged in your therapeutic court program for that quarter, a detailed list of the services provided to individuals involved in the program for that quarter, the cost of those services and a description of the challenges faced by your therapeutic court program. Reports should be submitted to Stephanie.Ovler@courts,wa.gov. If you have any questions regarding the terms expressed in this letter, please contact Brittany Gregory at Brittany., Grego ryna courts.wa.00v. Respectfully, Christopher Stanley Chief Financial and Management Officer cc: Dawn Marie Rubio, State Court Administrator Brittany Gregory, Associate Director of Judicial and Legislative Relations Stephanie Oyler, Court Association Coordinator Judge Rebecca Robertson STATE OF WASHINGTON 1206 QUINCE ST SE e P.O. Box 41170 Olympia, WA 98504-1170 360-753-3365 • 360-586-8869 Fax • www.courts.wa.gov GRANT AGREEMENT - GRTXXXXX BETWEEN WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS AND XXXXXX THIS AGREEMENT (Agreement) is made by and between, Washington State Administrative Office of the Courts (AOC) and XXXXXX, (Grantee), (collectively as the Parties and individually each as a Party). The Parties hereby enter into this Agreement whereby Grantee will perform certain services for, and provide product deliveries to AOC. Grantee is subject to the terms and conditions specified in Attachment A and agrees to the following terms and conditions. 1. SCOPE OF WORK Grantee must use funding to identify individuals before their court with substance use disorders or other behavioral health needs and engage those individuals with community - based therapeutic interventions within the Contractor's jurisdiction in accordance with the Contractor's grant application, Award Letter (Attachment B), and Statement of Work (Attachment A). 2. TERM AND PERIOD OF PERFORMANCE This Agreement's period of performance runs from December 1, 2021 through June 30, 2023, unless otherwise terminated (Term). Notwithstanding the foregoing, this Agreement and all its terms and conditions shall remain in full force and effect until all deliverables are completed or otherwise terminated, and this Agreement is terminated and/or completed. 3. COMPENSATION AND PAYMENT The awarded amount is $XXX,XXX. Grantee will use the funds for the following cost categories: Cost Category Amount Personnel salaries & benefits $ Staff equipment & training $ Treatment services $ Other participant services $ Tota 1 $ GRTXXXXX Page 1 of 6 Grantee may vary the amount in any particular category by up to 10%, but any adjustments beyond 10% require the explicit written consent of AOC's Project Manager, and in no case may the total amount exceed the amount above. This amount includes expenses necessary or incidental to performing the items under the Statement of Work, including, but not limited to, travel, lodging and per diem related expenses. Contractor will submit an invoice after the completion and acceptance of each deliverable noted above. This amount will be disbursed in two allotments, one in December 2021 and the second in July 2022 upon receipt of a properly filled out Form A-19. 4. REPORTING The Contractor must submit quarterly reports to AOC documenting the progress their therapeutic court program. These reports will provide: • The number of program participants for the corresponding quarter, • The services provided to program participants for the corresponding quarter, • The cost of services provided to program participants for the corresponding quarter, ■ Other costs accrued by the Contractor to support the therapeutic court program during the corresponding quarter, and • Any challenges faced by the Contractor in operating their therapeutic court program during the corresponding quarter. Reports shall be emailed to Stephanie Oyler at Stephanie.Oyler(a-)-courts.wa.goy on the following schedule: Period Report Due 12/01 /21 - 04/16/22 04/31 /22 04/17/22 - 09/16/22 09/30/22 09/17/22-02/14/23 02/28/23 02/15/23-06/30/23 07/15/23 (final report) Failure to submit a report by the due date may adversely affect the Contractor's eligibility for future funding. 5. BILLING PROCEDURES Contractor will submit properly prepared Form A-19s via email to AOC Financial Services at MSDFinancialServices@courts.wa.gov. Invoices shall be submitted no more than twice during the pendency of the contract. Incorrect or incomplete invoices shall be returned by AOC to Contractor for correction and reissuance, and may result in delays in funding. All Invoices shall provide and itemize, at a minimum, the following: QRTXXXXX Page 2 of 6 A. Contract Number GRTXXXXX; B. Contractor name, address, phone number; C. Contractor Federal tax Identification Number; D. Description of Services to be provided; E. Date(s) Services will be provided; F. Total Invoice Price. Payment will be considered timely if made by the AOC within thirty (30) calendar days of receipt of a properly prepared invoice. Payment shall be sent to the address designated by the Contractor. The AOC may, in its sole discretion, terminate the contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this contract. No payments in advance or in anticipation of services or supplies to be provided under this contract shall be made by the AOC. 6. SAFEGUARDING OF INFORMATION The use or disclosure by the Contractor of any information obtained as a result of performance under this contract concerning the AOC or the Court for any purpose not directly connected with the administration of the AOC's, the Court's or the Contractor's responsibilities with respect to services provided under this contract is prohibited except by written consent of the AOC or the Court. 7. CONFLICT OF INTEREST Grantee warrants that at the date of execution of this Agreement, no organizational conflict of interest exists or is likely to arise in the performance of its obligations under the Subcontract. Grantee warrants that it shall advise AOC immediately if a conflict of interest arises in the future. 8. PROJECT MANAGEMENT The Project Manager for each of the parties shall be the contact person for all communications regarding the performance of this Contract. 11 AOC Project Manager 11 Contractor Project Manager 11 Stephanie Oyler PO Box 41170 Olympia, WA 98504-1170 stephanie.oyler@courts.wa.gov (360) 704-1951 9. ASSIGNMENT. Grantee agrees that none of the deliverables to be furnished under this Agreement shall be assigned or subcontracted (including to independent consultants) GRTXXXXX Page 3 of 6 without the prior written permission of AOC. 10. TERMINATION A. Termination for Default The AOC may, by written notice, terminate this contract, in whole or in part, for failure of the Contractor to perform any of the obligations or provisions required by the contract. In the event of default, the Contractor shall be liable for damages as authorized by law, including but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time; Provided, that if (i) it is determined for any reason the Contractor was not in default, or (ii) the Contractor's failure to perform is without Contractor's and/or Subcontractor's control, fault, or negligence, the termination shall be deemed to be a Termination for Convenience. B. Termination for Convenience Except as otherwise provided in this contract, the AOC may terminate this contract by providing written notice of such termination to the Contractor, specifying the effective date thereof, at least five (5) calendar days prior to such date. If this contract is so terminated, the AOC shall be liable only for payment for services rendered prior to the effective date of termination. 11. DISPUTES. The Parties agree to attempt to resolve any dispute arising under this Agreement first by elevating the matter to appropriate levels of management within each organization. Grantee agrees that pending any decision, appeal or judgment on the settlement of any dispute arising under this Agreement, Grantee shall proceed diligently with the performance of this Agreement. 12. INDEMNIFICATION The Contractor shall defend, protect, and hold harmless the state of Washington, the AOC, or any employees thereof, from and against all claims, suits or actions arising from the Contractor's acts which are libelous or slanderous, which result in injury to persons or property, which violate a right of confidentiality, or which constitute an infringement of any copyright, patent, trademark or trade name through use or reproduction of material of any kind. 13. FORCE MAJEURE Neither Contractor nor AOC shall be liable or responsible for delays or failures in performance resulting from events beyond the reasonable control of such party and without fault or negligence of such party. Such events shall include but not be limited to strikes, lockouts, riots, acts of war, epidemics, pandemics, acts of government, fire, power failures, nuclear accidents, earthquakes, unusually severe weather, acts of terrorism, or other disasters, whether or not similar to the foregoing, and acts or omissions or failure to cooperate of the other party or third parties (except Subcontractors). 14. REPRESENTATION AND CERTIFICATIONS. Grantee shall complete all required Representations and Certifications as they apply to this Agreement, if any. Grantee further GRTXXXXX Page 4 of 6 agrees that it will provide additional or annual Representations and Certifications as may be requested by AOC in connection with this Agreement, and also agrees to promptly notify AOC of any changes which modify the information contained in any such Representations and Certifications. 15. COMPLIANCE WITH LAWS. Grantee shall comply with all applicable Federal, State, and local laws, executive orders, rules and regulations applicable to its performance under this Agreement. 16. INDEPENDENT CONTRACTORS. Grantee is an independent contractor in relation to AOC with respect to all matters arising under this Agreement. Nothing herein shall be construed to establish a partnership, joint venture, association or employment relationship between the parties. Neither Party shall be deemed to be an agent of the other or to have any authority to bind or create any obligation, express or implied, on behalf of the other. 17. WHOLE AGREEMENT. This Agreement and the SOW attached hereto contain and embody the entire agreement of the Parties hereto and supersede all prior agreements, negotiations and discussions between the Parties hereto. Any representation, inducement or agreement that is not contained in this Agreement shall not be of any force or effect. Except as otherwise expressly provided in this Agreement, this Agreement may not be modified or changed in whole or in part in any manner other than by an instrument in writing duly signed by both Parties hereto. 18. NO PUBLICITY. No news releases, public announcement, Customer(s) names, denial or confirmation of any part of the subject matter of this Agreement or any phase of any program hereunder shall be made without the prior written consent of AOC. The restrictions of this section shall continue in effect upon completion or termination of this Agreement for such period of time as may be mutually agreed upon in writing by the Parties. In the absence of a written established period, no disclosure is authorized. 19. GOVERNING LAW/VENUE. This Agreement will be governed by and construed and enforced in accordance with the laws of Washington without giving effect to the principles of conflict of laws thereunder. 20. EXECUTION IN COUNTERPARTS. This Agreement may be executed in one or more counterparts and each counterpart shall constitute one and the same Agreement. 21. WAIVER. No Party shall be deemed to have waived any right hereunder unless such waiver is in writing, and the waiver or failure of either Party to exercise in any respect any right provided for herein shall not be a waiver of any further right hereunder. 22. SEVERABILITY. If any portion of this Agreement is held or determined to be invalid or unenforceable, the remaining provisions shall continue in full force and effect as if this Agreement had been executed within the invalid portion eliminated. 23. HEADINGS. Any headings used in this Agreement are for purposes of organization only and have no independent legal significance. In WITNESS WHEREOF, the parties hereto have caused this instrument to be signed as of the day and year below written. GRTXXXXX Page 5 of 6 Administrative Office of the Courts Grantee Signature Date Dawn Marie Rubio Name State Court Administrator Title Signature Date Name Title G RTXXXXX Page 6 of 6 COUNCIL MEETING DATE: November 16, 2021 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: 2021/2022 BIENNIAL BUDGET AMENDMENT POLICY QUESTION: Should the City Council approve the 2021/2022 Biennial Budget amendment to the adopted budget? COMMITTEE: FEDRAC MEETING DATE: October 26, 2021 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Steve Groom, Finance Director DEPT: Finance Attachments: 1. Staff Report 2. Ordinance 3. Exhibit A, Exhibit B, and Exhibit C Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR's RECOMMENDATION: Option 1. MAYOR APPROVAL' ! DIRECTOR APPROVAL: Z( • C Imitte c9ficil lnitia aic In c Initial/Date COMMITTEE RECOMMENDATION: I move to hold a Public Hearing on November 3, 2021 and forward the proposed ordinance to the November 16, 2021 Council Meeting for first reading. k't'A-T'j wh -Zoc'� 'u- zwq- (�� \h�k aw" Committee Chairs Committee Member Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (NOVEMBER 16, 2021): "I move to forward the proposed ordinance to the December 7, 2021 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (DECEMBER 7, 2021): "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 12/2017 RESOLUTION # CITY OF Federal Way Centered on Opportunity MEMORANDUM DATE: October 26, 2021 TO: Finance, Economic Development & Regional Affairs Committee Members VIA: Jim Ferrell, Mayor FROM: Steve Groom, Finance Director Chase Donnelly, Deputy Finance Director SUBJECT: 2021/2022 Budget Amendment This ordinance is to amend the budget to reflect subsequent changes that have occurred during the year, and projects or items that are upcoming in 2021 and 2022. Some adjustments are for council -approved items that simply need an accompanying budget amendment. All departments have accumulated needed budget changes that respond to circumstances that were not known at the time of adoption. Finance has reviewed, consolidated for all funds and recommends approval. Background Information: The 2021/2022 Adopted Budget was approved and adopted on December 1st, 2020. The 2021/2022 budget was amended on June 15t", 2021 to reflect December 2020 ending fund balance, roll over appropriation for projects that were not completed, and to fund changes that had occurred during the year. A city must review and modify the budget before the end of the first year of the biennium per RCW 35.34.130 and 35A.34.130. Financial Impacts: Mainr ❑rfiiEstmanta in the rsPnPrnI Fund Includes: Description 2021 2022 Planning Consultant for S. Station sub -area plan $ $ 150,000 Planning Printing, events, software 30,000 Planning Public Engagement Consultant 70,000 IT Services Increase 114,000 144,000 IT Backup/Disaster Recovery Carry -Forward (150,000) 150,000 Risk Insurance, Settlement and Deductible Increase 580,747 225,657 13 FTE Police Officers, Records Specialists & Related Equipment and Services - 492,536 Body Worn Camera program 161,766 - TransferouttoFWCCFund 700,000 250,000 Transfer outto DBC Fund 150,000 - Transfer out to Street Fund - 89,149 Transfer out to Unemployment Fund 100,000 - Total $ 1,656,513 $1,601,342 Rev. 7/18 Maier Adiustments in Non -General Funds Includes: Description 2021 2022 Fund Curb Replacement Work $ 30,000 $ 101 Street Fund Software Upgrades 13,000 101 Street Fund Commute Trip Reduction (CTR) Transportation Planner position/KC CTR Services 74,849 101 Street Fund Increased Electricity for Safe City Cameras 1,800 101 Street Fund Copperwire theft replacement 12,500 101 Street Fund Arterial Street Overlay program 810,000 186,000 102Art. Overlay Fund Transfer out to General Fund, Traffic Safety, Mail Fund 457,763 202,373 103 UTAX Fund Affordable& Supportive Housing Services Carry -Forward (125,000) 125,000 104Affrd.&Supprt.Housing GAC Upgrade Carry -Forward (450,000)1 450,000 107 Special Contr. Stud. Fnd. Reduction in operating expenditures for FWCC due to Covid-19 (200,000) 111 FWCC Fund Body Worn Camera program 583,008 745,804 112 Traffic Safety Fund 373rd & Pacific Hwy. Safety Improvements 40,000 - 112TrafficSafety Fund Transfer out to Transportation CIP for Street Light LED conversion payment of Interfund Loan 1,77Q560 113 Real Estate Excise Tax Fund King County & SBA Shuttered Venue Grant expenditurs for PAEC 102,860 215,673 115 PAEC Fund Arterial Street Overlayprogram for residential streets Carry -Forward (900,000)1 900,000 116SWR 101/o UTAX Fund CDBG projects and contracts with subrecipients delayed (M6,133)1 846,133 119 CDBG Fund Buildingpermit fees 25,000 25,000 121 Technology Fund Amanda 7 Upgrade Carry -Forward (170,000) 170,000 l2lTechnology Fund ,tail Services decrease (1,500,000) 122Jail Fund Shop Security Cameras 56,000 - 303 Parks CIP Fund 'Police gates 40,000 303 Parks CIP Fund 'Lakota Parking lot 30,000 303 Parks CIP Fund Saghalie track 150,000 303 Parks CIP Fund 'Transportation CIP Projects 1,622,228 1,824,000 306Transportation CIP Fund 'Transfer out to Fleet & Equiipment Fund for purchase of littervacuum - 90,000 401SWMFund !Reduction in operatin expenditures for DBC due to Covid-19 (260,000) - 402 DBC Fund Risk Insurance, Settlement, Deductible, and services Increase 580,747 228,104 501 Risk Fund IT Services Increase 146,622 144,000 502ITFund IT Backup/Disaster Recovery Carry -Forward (150,000) 150,0D0 502 IT Fund Litter Vacuum and Increase in cost for 2 dump trucks 116,258 90,000 504 Fleet& Equip. Fund Police vehicle expanded fleet and patrol cars 1,702,000 504 Fleet & Equip. Fund Unemployment expenditures 100,000 - 507 Unemployment Ins. Fund 'Total $ 1,596,653 $8,659,496 Rev. 7/18 ORDINANCE NO.21- AN ORDINANCE of the City of Federal Way, Washington, relating to amending the 2021-2022 Biennial Budget. (Amending Ordinance No. 20-903 and 21-916) WHEREAS, the tax estimates and budget for the City of Federal Way, Washington, for the 2021-2022 fiscal biennium have been prepared and filed on September 15, 2020 as provided by Titles 35A.34 and 84.55 of the Revised Code of Washington; and WHEREAS, the budget was printed for distribution and notice published in the official paper of the City of Federal Way setting the time and place for hearing on the budget and said notice stating copies of the budget can be obtained on-line and at the Office of the City Clerk; and WHEREAS, the City Council of the City of Federal Way held public hearings on November 3 and November 16, 2021, and considered the public comments presented; and WHEREAS, the City Council of the City of Federal Way approved the budget ordinance on December 1, 2020 (attached Exhibit A), and amended the budget on June 15, 2021 (attached Exhibit B). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. 2021-22 M i d - Biennial Budget Amendment. That the budget for the 2021- 2022 biennium is hereby amended in the amounts and for the purposes as shown on the attached Exhibit C ("2021-2022 Mid -Year Amended Budget"). Section 2. Administration. The Mayor shall administer the Biennial Budget and in doing so may authorize adjustments to the extent that they are consistent with the budget approved herein. Ordinance No. 21- Page I of 6 Rev 3/17 Section 3_ Severabili Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section G. Effective Date. This ordinance shall take effect and be in force five (5) days from the time of its final passage as provided by law. 2021. PASSED by the City Council of the City of Federal Way this _day of December, [signatures to follow] Ordinance No. 21- Page 2 of 6 Rev 3/17 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 21- Page 3 of 6 Rev 3/17 E911BITA 2021-2022 Budget 2021 2022 Beginning Fund Beginning Fund Ending Fund Fund Balance Revenue Elienditure Balance Revenue Exjienditure Balance General Fund $ 9,713,168 $ 49,463,473 $ 49,651,198 $ 9,525,443 $ 48,162,125 $ 49,687,568 $ 9,000,001 $pedal Revenue Funds: Street 500,000 5,154,613 4,927,382 727,231 4,549,437 4,776,669 500,000 Arterial Street 502,618 3,018,000 3,047,184 473,435 3,018,000 3,051,111 440,324 Utility Tax 1,506,932 12,104,294 12,058,633 1,552,593 12,104,294 12,034,394 1,622,493 Sales/Use Tax- Affrd. & Supprt. Housing - Solid Waste/Recycling 166,146 556,330 545,844 176,632 556,330 545,844 187,119 Special Contract/Studies 341,927 - 341,927 341,927 Hotel/Motel Lodging Tax 1,335,006 155,000 155,000 1,335,006 155,000 155,000 1,335,006 Community Center 1,500,000 2,252,875 2,245,642 1,507,233 2,749,102 2,756,334 1,500,000 Traffic Safety Fund 270,442 2,885,942 2,736,856 419,528 2,885,942 2,775,519 529,951 Utility TaxProposition 1 1,027,013 4,070,141 4,097,154 1,000,000 4,170,276 4,170276 1,000,000 Performing Arts & Event Center 0 2,299,757 2,299,757 - 2,299,757 2,299,757 0 Community Development Block Grant 21,251 1,843,010 1,843,010 21,251 758,323 758,323 21,251 Paths and Trails 1,360,437 169,000 200,000 1,329,437 169,000 1,498,437 Techhology 91,136 146,716 181,000 56,852 149,250 14,300 191,802 Jail Service - 3,303,463 3,303,463 - 3,319,584 3,319,584 Strategic Reserve 3,599,800 2,000 601,800 3,000,000 2,000 2,000 3,000,000 Parks Reserve 1,130,793 5,000 1,135,793 5,000 15,793 1,125,000 Debt Service Fund 3,322,342 17,366,390 17,434,315 3,254,417 2,569,426 3,093,264 2,730,578 GOW Project Fuads: Real Estate Excise Tax 2,070,443 3,670,000 3,973,018 1,767,426 3,670,000 3,437,426 2,000,000 Downtown Redevelopment 3,426,754 - 600,000 2,826,754 - 205,000 2,621,754 Municipal Facilities 289,595 1,000 290,595 1,000 115,000 176,595 Parks 1,641,591 - 190,000 1,451,591 - 375,000 1,076,591 Surface Water Management 1,869,432 447,568 2,317,000 - 2,060,000 1,767,000 293,000 Transportation 4,199,189 12,988,000 11,176,972 6,010,217 5,570,000 7,773,566 3,806,651 Capital Project Reserve 367,936 367,936 - 367,936 Enterprise Fund: Surface Water Management 2,592,114 5,941,201 5,502,041 3,03U74 4,930,775 6,116,029 1,846,020 Dumas Bay Centre 1,500,000 900,871 900,872 1,500,000 930,211 930,210 1,500,000 Internal Service Funds: Risk Management I, 00,000 1,196,040 1,475,512 920,528 1,196,040 1,486,275 630,293 Information Technology 3,640,480 2,929,180 2,875,652 3,694,008 2,720,687 2,707,608 3,707,088 Mail & Duplication 205,164 135,947 126,892 214,219 135,947 185,007 165,159 Fleet & Equipment 7,515,027 2,846,144 3,129,104 7,232,067 2,300,644 1,919,901 7,612,809 Buildings & Furnishings 2,763,525 490,355 1,150,108 2,103,772 490,355 594,127 2,000,000 Health Insurance 3,367,672 5,138,041 5,427,967 3,077,746 4,966,800 5,256,726 2,787,820 UnciMloywt insurance 258,701 5,299 10,0001 254.000 6,000 10,000 250,000 [Grand TolalAll Funds $ 63,296,634 $ 141,485,650 $ 144,183,374 1 $ 60,598,909 $ 116,601,304 $ 121,334,609 $ 55,865,605 Ordinance No. 21- Page 4 of 6 Rev 3/17 IXHIBITB 2021-2022 Amended Budget 2021 2022 Beginning Fund Beginning Fund Ending Fund Fund Balance Revenue Expenditure Balance Revenue Expenditure Balance General Fund S 12,075,815 $ 68,905,248 S 70,931,502 S 10,049,561 $ 48,162,125 $ 49,211,686 S 9,000,001 Special Revenue Funds: Street 500,000 5,229,613 5,002,382 727,231 4,549,437 4,776,669 500,000 Arterial Street 1,398,599 1,518,000 1,547,184 1,369,415 1,518,000 1,551, 111 1,336,305 Utility Tax 2,198,214 10,604,294 10,712,272 2,090,236 10,604,294 10,534,394 2,160,136 Sales/UseTax- Affid.&Supprt Housing 125,151 125,000 250,000 151 125,000 125,000 151 Solid Waste/Recycling 213,550 556,330 545,844 224,036 556,330 545,944 234,523 Special Contract/Studies 817,918 - 450,000 367,918 - 367,918 Hotel/Motel Lodging Tax 1,441,177 155,000 155,000 1,441,177 155,000 155,000 1,441,177 Community Center 1,500,000 2,285,575 2,278,342 1,507,233 2,749,102 Z756,334 1,500,000 Traffic Safety Fund 1,216,159 2,885,942 2,736,856 1,365,245 2,885,942 2,775,519 1,475,668 Utility Tax Proposition 1 1,332,301 4,070,141 4,097,154 1,305,288 4,170,276 4,170,276 1,305,288 Performing Arts & Event Center - 2,403,722 2,403,722 0 2,415,968 2,415,968 0 Community Development Block Grant 30,805 2,470,620 2,470,620 30,805 1,385,933 1,385,933 30,805 Solid Waste 101/6Utility Tax - 2,000,000 2,000,000 - 2,0001000 2,000,000 - Paths and Trails 1,488,063 169,000 200,000 1,457,063 169,000 - 1,626,063 Technology 116,999 146,716 206,000 57,715 149,250 39,300 167,665 ]ail Service Strategic Reserve - 3,599,800 3,303,463 2,000 3,303,463 601,800 3,000,000 3,319,584 2,000 3,319,584 2,000 3,000,000 Parks Reserve 1,131,684 5,000 1,136,684 5,000 15,793 1,125,891 Debt Service Fund 3,569,746 17,366,390 17,434,315 3,501,821 2,569,426 3,093,264 2,977,982 Capital Project Funds: Real Estate Excise Tax 2,882,436 3,670,000 3,973,018 2,579,419 3,670,000 3,437,426 2,811,993 Downtown Redevelopment 3,468,714 600,000 2,868,714 - 205,000 2,663,714 Municipal Facilities 290,105 1,000 291,105 1,000 115,000 177,105 Parks 1,918,167 210,000 1,708,167 - 375,000 1,333,167 Surface Water Management 1,820,800 3,304,569 5,125,369 Z060,000 1,767,000 293,000 Transportation 4,760,978 13,658,400 11,897,372 6,522,006 5,570,000 7,773,566 4,318,440 Capital Project Reserve 369,862 - 369,862 - 369,862 Enterprise Fund: Surface Water Management 3,118,858 5,941,201 7,147,942 1,912,117 4,930,775 6,151,029 691,863 Dumas Bay Centre 1,500,000 1,012,330 942,431 1,569,899 930,211 1,000,110 1,500,000 Internal Service Funds: Risk Management 1,200,000 1,196,040 1,475,512 920,528 1,196,040 1,486,275 630,293 Information Technology 3,857,395 2,929,180 2,920,652 3,865,923 2,720,687 2,812,608 3,774,003 Mail & Duplication 273,277 135,947 126,892 282,332 135,947 185,007 233,272 Fleet & Equipment 7,572,422 2,846,144 3,377,386 7,041,180 2,300,644 1,919,901 7,421,922 Buildings & Furnishings 2,952,555 490,355 1,150,108 2,292,802 490,355 594,127 2,189,030 Health Insurance 3,189,939 5,138,041 5,427,967 2,900,013 4,966,800 5,256,726 2,610,087 Unemployment Insurance 275.397 5,299 10,000 270,696 6.000 10.000 2,66,696 Grand TotalAll Funds $ 72,206,886 S 164,530,560 $ 171,711,103 1 3 65,026,342 S 116,470,125 S 121,962,448 1 $ 59,534,019 Ordinance No. 21- Page 5 of 6 Rev 3/17 IXHIBITC 2021-2022 Mid -Year Amended Budget 2021 2022 Beginning Fund Beginning Fund Ending Fund Fund Balance Revenue Expenditure Balance Revenue Expenditure Balance General Fund $ 12,075,815 $ 70,612,915 $ 72,549,320 $ 10,139,410 $ 50,229,117 $ 50,875,028 $ 9,493,500 Special Revenue Funds: Street 500,000 5,272,613 5,059,682 712,931 4,638,586 4,851,518 500,000 Arterial Street 1,398,599 1,518,000 2,357,184 559,415 1,518,000 1,737,111 340,305 Utility Tax 2198,214 10,904,294 11,170,035 1,932,473 10,604,294 10,736,767 1,800,000 Sales/Use Tax -Affrd.&Suppft. Housing 125,151 125,000 125,000 125,151 125,000 250,000 151 Solid Waste/Recycling 213,550 556,330 545,944 224,036 556,330 545,944 234,523 Special Contract/Studies 817,918 - 817,918 - 450,000 367,918 Hotel/Motel Lodging Tax 1,441,177 155,000 155,000 1,441,177 155,000 155,000 1,441,177 Community Center 1,500,000 2,085,575 2,078,342 1,507,233 2,749,102 2,756,334 1,500,000 Traffic Safety Fund 1,216,159 3,343,705 3,359,864 1,200,000 3,521,323 3,521,323 1,200,000 Utility Tax Proposition 1 1,332,301 4,240,141 4,097,154 1,475,288 4,170,276 4,170,276 1,475,288 Performing Arts & Event Center - 2,744,118 2,506,582 237,536 2,631,641 2,631,641 237,536 Community Development Block Gant 30,805 1,624,487 1,624,487 30,805 2,232,066 2,232,066 30,805 Solid Waste 10%Utility Tax - 2,000,000 1,100,000 900,000 2,000,000 2,900,000 Paths and Trails 1,488,063 169,000 200,000 1,457,063 169,000 1,626,063 Technology 116,999 146,716 61,000 202,715 149,250 234,300 117,665 Jail Service - 3,303,463 3,303,463 - 1,819,584 1,819,584 Strategic Reserve 3,599,800 2,000 601,800 3,000,000 2,000 2,000 3,000,000 Parks Reserve 1,131,684 5,000 1,136,684 5,000 15,793 1,125,891 Debt Service Fund 3,569,746 17,366,390 17,434,315 3,501,821 2,569,426 3,093,264 2,977,982 Capital Project Funds: Real Estate Excise Tax 2,882,436 5,070,000 3,973,018 3,979,419 3,670,000 5,207,986 2,441,433 Downtown Redevelopment 3,468,714 600,000 600,000 3,468,714 - 205,000 3,263,714 Municipal Facilities 290,105 1,000 291,105 1,000 115,000 177,105 Parks 1,918,167 - 266,000 1,652,167 180,000 595,000 1,237,167 Surface Water Management 1,820,800 3,304,569 5,125,369 - 2,060,000 1,767,000 293,000 Transportation 4,760,978 14,735,628 13,519,600 5,977,006 8,336,560 9,597,566 4,716,000 Capital Project Reserve 369,862 - 369,862 - 369,862 Enterprise Fund: Surface Water Management 3,118,858 5,941,201 7,147,942 1,912,117 5,018,912 6,241,029 690,000 Dumas Bay Centre 1,500,000 752,330 682,431 1,569,899 930,211 1,000,110 1,500,000 Internal Service Funds: Risk Management 1,200,000 1,776,787 2,056,259 920,528 1,421,697 1,714,379 627,846 Information Technology 3,857,395 2,915,802 2,917,274 3,855,923 3,014,687 3,106,608 3,764,003 Mail & Duplication 273,277 135,947 128,277 280,947 135,947 185,007 231,887 Fleet & Equipment 7,572,422 2,846,144 3,493,644 6,924,922 4,092,644 3,711,901 7,305,664 Buildings & Furnishings 2,952,555 490,355 1,150,108 2,292,802 490,355 594,127 2,189,030 Health Insurance 3,189,939 5,138,041 5,427,967 2,900,013 4,966,800 5,256,726 2,610,087 Unemployment Insurance 275,397 105,299 110,000 270,696 6,000 10,000 266,696 Grand T0tal All Funds $ 72,206,886 $ 169,987,850 $ 174,926,959 $ 67,267,776 $ 124,169,807 $ 132,285,286 $ 59,152,297 Ordinance No. 21- Page 6 of 6 Rev 3/17 COUNCIL MEETING DATE: November 16, 2021 III Oyu W CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: 2022 PROPERTY TAX LEVY POLICY QUESTION: Should the City Council increase the regular property tax consistent with the limit factor prescribed by RCW 84.55.0101? COMMITTEE: FEDRAC CATEGORY: ❑ Consent ❑ City Council Business MEETING DATE: October 26, 2021 N Ordinance ❑ Public Hearing ❑ Resolution ❑ Other STAFF REPORT BY: Steve Groom, Finance Director Attachments: 1. Staff Report 2. Ordinance 3. 2022 Property Tax Certification DEPT: Finance Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL:}j&rJP, Eniiiai/Flair DIRECTOR APPROVAL: COMMITTEE RECOMMENDATION: I move to hold a Public Hearing on November 3, 2021 and forward the proposed ordinance to the November 16, 9021 Council Meeting for first reading. \K ZOCA—A eocko-wL V u Committee Chair Committee Member T Committee Member SN PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (NOVEMBER 16, 2021): "I move to forward the proposed ordinance to the December 7, 2021 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (DECEMBER 7, 2021): "I move approval of the proposed ordinance." BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # CITY OF Federal ►►IVay Centered an Opportunity MEMORANDUM DATE: October 26, 2021 TO: Finance, Economic Development & Regional Affairs Committee Members VIA: Jim Ferrell, Mayor FROM: Steve Groom, Finance Director Chase Donnelly, Deputy Finance Director SUBJECT: 2022 Property Tax Levy This ordinance is to authorize increase of the regular property tax consistent with state statute. The King County Assessor has notified us of the current assessed valuation of the city, and staff has incorporated their latest information in the calculation. As in most years, the total assessed property values increased, and at a higher pace than the city's can increase the levy, meaning that property owners' value increases more than the city can increase property tax. The 2022 proposed Property Tax Levy increase is based on the statutory 1% limit on existing property, but new construction is not capped. Due to the costs of personnel and benefits, as well as all other expense costs of providing city services, the best interest of the city and of its citizens is to request the maximum levy allowable. The City Council has public hearings scheduled for November 3, and 16, 2021 on the proposed 2021-22 Biennial Budget and 2022 proposed Property Tax Levy. Staff requests and recommends adoption of the attached ordinance. Rev. 7/18 ORDINANCE NO.21- AN ORDINANCE of the City of Federal Way, Washington, relating to fixing the property tax amount for the year of 2022. WHEREAS, the City Council of the City of Federal Way met and reviewed all revenue sources and examined anticipated expenses and other obligations for the 2021/22 biennium; and WHEREAS, the City Council, in the course of considering the biennium budget, conducted public hearings on November 3, and November 16, 2021, for the proposed property tax levy for 2022, and proposed revenues and expenditures for the biennium; and WHEREAS, the City Council, after hearing and duly considering relevant evidence and testimony, determined that it is necessary and advisable in order to discharge the expected expenses and obligations of the City to authorize an increase in regular property tax consistent with the limit factor prescribed by RCW 84.55.0101; and WHEREAS, the City Council has resolved to levy a property tax consistent with RCW 84.52.043. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Levy. There is hereby levied against the property in the City of Federal Way, Washington, a municipal regular property tax for the year 2022 for the purpose of paying expenses and discharge obligations of the City in the amount of Twelve Million Six Hundred Thousand and N0/100 Dollars ($12,600,000.00). The levy amount shall include: (1) an increase in property tax revenue from the previous year of One Hundred Ten Thousand One Hundred Thirty -Six and NO/100 Dollars ($110,136.00) Ordinance No. 21- Page 1 of 3 Rev 1/18 or ninety six hundredths of a percent (0.96%); (2) new construction and improvements to property; (3) any increase in the value of state assessed property; and, (4) amounts authorized by law as a result of any annexations that have occurred, as well as applicable refunds already made. Section 2. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 20 [signature page to follow] Ordinance No. 21- Page 2 of 3 Rev 1/18 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 21- Page 3 of 3 Rev 1/18 By Ordinance 2152 of the Metropolitan King County Council, Taxing Districts are required annually to submit the following information regarding their tax levies for the ensuing year as part of a formal resolution of the District's governing body. THE KING COUNTY ASSESSOR HAS NOTIFIED THE GOVERNING BODY OF City of Federal Way THAT THE ASSESSED VALUATION OF PROPERTY LYING WITHIN THE BOUNDARIES OF SAID DISTRICT FOR THE ASSESSMENT YEAR 2021 IS: $ 14,297,663,561 REGULAR (STATUTORY) LEVY (AS APPLICABLE): EXPENSE FUND $ 12,557,378 -TEMP. LID NAME $ - - TEMP. LID NAME $ - RESERVE FUND $ - NON -VOTED G.O. BOND (Limited) $ - REFUNDS (Noted on worksheet) $ 42,622 TOTAL REGULAR LEVY $ 12,600,000 EXCESS (VOTER APPROVED) LEVY: (Please list authorized bond levies separately.) G.O. BONDS FUND LEVY $ - G.O. BONDS FUND LEVY $ G.O. BONDS FUND LEVY $ - SPECIAL LEVIES (INDICATE PURPOSE AND DATE OF ELECTION AT WHICH APPROVED): TOTAL TAXES REQUESTED: $ 12,600,000 THE ABOVE IS A TRUE AND COMPLETE LISTING OF LEVIES FOR SAID DISTRICT FOR TAX YEAR 2022 AND THEY ARE WITHIN THE MAXIMUMS ESTABLISHED BY LAW. (AUTHORIZED SIGNATURE) (DATE) LEVY LIMIT WORKSHEET - 2022 Tax Roll TAXING DISTRICT: City of Federal Way The following determination of your regular levy limit for 2022 property taxes is provided by the King County Assessor pursuant to RCW 84.55.100. Annexed to Fire District 39 Annexed to Library District (Note 1) Estimated Fire rate: 1.43519 Estimated Library rate: 0.29186 Using Limit Factor Using Implicit For District Calculation of Limit Factor Levy Price Deflator 11,409,884 Levy basis for calculation: (2021 Limit Factor) (Note 2) 11,409,884 1.0100 x Limit Factor 1.0386 11,523,983 = Levy 11,850,306 43,640,203 Local new construction 43,640,203 0 + Increase in utility value (Note 3) 0 43,640,203 = Total new construction 43,640,203 0.90261 x Last year's regular levy rate 0.90261 39,390 = New construction levy 39,390 11,563,373 Total Limit Factor Levy 11,889,696 Annexation Levy 0 Omitted assessment levy (Note 4) 0 11,563,373 Total Limit Factor Levy + new lid lifts 11,889,696 14,398,890,446 Regular levy assessed value less annexations 14,398,890,446 0.80307 = Annexation rate (cannot exceed statutory maximum rate) 0.82574 0 x Annexation assessed value 0 0 = Annexation Levy 0 Lid lifts, Refunds and Total 0 + First year lid lifts 0 11,563,373 + Limit Factor Levy 11,889,696 11,563,373 = Total RCW 84.55 levy 11,889,696 42,622 + Relevy for prior year refunds (Note 5) 42,622 11,605,995 = Total RCW 84.55 levy + refunds 11,932,318 Levv Correction: Year of Error (+or-) 11.605,995 ALLOWABLE LEVY (Vote 6 11.932,318 Increase Information (Note 7) 0.80603 Levy rate based on allowable levy 0.82870 11,413,847 Last year's ACTUAL regular levy 11,413,847 110,136 Dollar increase over last year other than N/C — Annex 436,459 0.96% Percent increase over last year other than N/C — Annex 3.82% Calculation of statutory levy Regular levy assessed value (Note 8) 14,398,890,446 x Maximum statutory rate 1.87295 = Maximum statutory levy 26,968,402 +Omitted assessments levy 0 =Maximum statutory levy 26,968,402 Limit factor needed for statutory levy Not usable ALL YEARS SHOWN ON THIS FORM ARE THE YEARS IN WHICH THE TAX IS PAYABLE. Please read carefully the notes on the reverse side. 10/21 /21 11:45 AM LevyLimitWS.doc Notes: 1) Rates for fire districts and the library district are estimated at the time this worksheet is produced. Fire district and library district rates affect the maximum allowable rate for cities annexed to them. These rates will change, mainly in response to the actual levy requests from the fire and library districts. Hence, affected cities may have a higher or lower allowable levy rate than is shown here when final levy rates are calculated. 2) This figure shows the maximum allowable levy, which may differ from any actual prior levy if a district has levied less than its maximum in prior years. The maximum allowable levy excludes any allowable refund levy if the maximum was based on a limit factor. The maximum allowable levy excludes omitted assessments if the maximum was determined by your district's statutory rate limit. If your district passed a limit factor ordinance in the year indicated, that limit factor would help determine the highest allowable levy. However, if the statutory rate limit was more restrictive than your stated limit factor, the statutory rate limit is controlling. 3) Any increase in value in state -assessed property is considered to be new construction value for purposes of calculating the respective limits. State -assessed property is property belonging to inter -county utility and transportation companies (telephone, railroad, airline companies and the like). 4) An omitted assessment is property value that should have been included on a prior year's roll but will be included on the tax roll for which this worksheet has been prepared. Omits are assessed and taxed at the rate in effect for the year omitted (RCW 84.40.080-085). Omitted assessments tax is deducted from the levy maximum before calculating the levy rate for current assessments and added back in as a current year's receivable. 5) Administrative refunds under RCW 84.69.020 were removed from the levy lid by the 1981 legislature. 6) A district is entitled to the lesser of the maximum levies determined by application of the limit under RCW 84.55 and the statutory rate limit. Levies may be subject to further proration if aggregate rate limits set in Article VII of the state constitution and in RCW 84.52.043 are exceeded. 7) This section is provided for your information, and to assist in preparing any Increase Ordinance that may be required by RCW 84.55.120. The increase information compares the allowable levy for the next tax year with your ACTUAL levy being collected this year. The actual levy excludes any refund levy and expired temporary lid lifts, if applicable. New construction, annexation and refund levies, as well as temporary lid lifts in their initial year, are subtracted from this year's allowable levy before the comparison is made. 8) Assessed valuations shown are subject to change from error corrections and appeal board decisions recorded between the date of this worksheet and final levy rate determination. 10/21 /21 11:45 AM LevyLimiff&doc COUNCIL MEETING DATE: November 16, 2021 ITEM #: 0 0 CITY OF FEDERAL WAY CITY COUNCIL AGENDA SILL SUBJECT: ORDINANCE: T-MOBILE WIRELESS —FRANCHISE AGREEMENT POLICY QUESTION: Should the Council approve an amendment to T-Mobile's franchise agreement to include a site obtained by T-Mobile through merger? COMMITTEE: LUTC MEETING DATE: November 1, 2021 CATEGORY: ❑ Consent ® Ordinance ❑ City Council Business ❑ Resolution STAFF REPORT BY: COLE ELLIOTT, PE Attachments: 1. Staff Report ❑ Public Hearing ❑ Other DEPT: PUBLIC WORKS 2. Ordinance 3. Exhibit A SE04732 — SE63XC311 Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. DIRECTOR APPROVAL: MAYOR APPROVAL: h It)7 ' Ca itte C'ou �. nititll idle Initial/Date Initial CY or COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on November 16th. ovr�re0lvia. Z A M6X-fed via Zwrr ] Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (NOVEMBER 16, 2021): "I move to forward the proposed ordinance to the December 7, 2021 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (DECEMBER 7, 2021): "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— I1/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: September 3, 2021 TO: City Council VIA: Jim Ferrell, Mayor EJ Walsh, P.E., Public Works Director G FROM: Cole Elliott, P.E. Deputy Public Works Director'?"�� SUBJECT: T-Mobile Wireless — Franchise Amendment FINANCIAL IMPACTS: T-Mobile Wireless ("T-Mobile") paid a fee of Two Thousand Dollars ($2,000.00) to compensate the City for administrative expenses incurred that are directly related to preparing and approving this Franchise Amendment. T-Mobile will be required to pay additional permitting fees for installation, operation, and maintenance of their facilities, including but not limited to, right-of-way use permits. There are currently no applications for expansion or installations at the existing site. BACKGROUND INFORMATION: In November of 2015 T-Mobile was approved for a City of Federal Way Franchise in order to install, operate, maintain, and repair a telecommunications network consisting of wireless facilities in, across, over, along, under, through, and below the City of Federal Way rights -of -way. T-Mobile intends to update its wireless equipment located within the City Right -of -Way to improve service. As part of the service improvement T-Mobile has merged with Sprint Wireless, which prior to merger owned the site proposed for amendment. The term of this amendment shall expire along with the Franchise Agreement in November 2025. T-Mobile, per their Franchise, maintains insurance of $5 Million for commercial general liability, $5 Million for automobile, and carry an excess umbrella liability policy with limits of $10,000,000 per occurrence and in the aggregate. ORDINANCE NO.21- AN ORDINANCE of the City of Federal Way, Washington, amending T- Mobile West Corporation's nonexclusive franchise to occupy rights -of - way of the City of Federal Way, Washington, by adding a new site to the list of authorized sites. (Amending Ordinance No. 15-803) WHEREAS, T-Mobile West Corporation, a Delaware limited liability company ("Franchisee"), has requested a franchise modification from the City of Federal Way, in order to add an existing wireless transmitting facility and related appurtenances to their existing franchise agreement Ordinance 15-803; and WHEREAS, Ordinance 15-803 § 1.6 provides that the franchise area includes those portions of the City of Federal Way shown in Exhibit A attached thereto, and "any other areas approved by the Federal Way City Council and incorporated into this Ordinance via amendment;" and WHEREAS, the City Council of Federal Way finds that it is in the public interest to grant such a franchise amendment; and WHEREAS, RCW 35A.47.040 permits the City of Federal Way to grant nonexclusive franchises for the use of public streets, bridges or other public ways for, inter alia, conduits, wires, and appurtenances for transmission of signals and other methods of communications; and WHEREAS, in granting such nonexclusive franchise, the City of Federal Way reserves such powers and authorities granted to Washington code cities by general law; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Ordinance No. 21- Page 1 of 2 Rev 1/21 Section 1. Amendment to Ordinance 15-803. EXHIBIT A LOCATIONS OF FACILITIES WITHIN FRANCHISE AREA is hereby amended to include Exhibit A to this ordinance, SE04732A- SE63Xc311. Section 2. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 3. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 21- Page 2 of 2 Rev 1/21 Exhibit A SE04732A - SE6,3XC311 SITE LOCATION WITHIN THE PREMISES iac rsoamW SM 22STM Pl_���--.T�- -�.. I �r r I f rai f one / �yt70 \ r.a= Lmam MRLoc� • ! rlvus \ *\ W :a w�s�1R � uu+rAn a rr mcatt am wmc ov ra ME rwa me -.3wv9 Im em~ ma em to .cm xu A ' osr.c raoam vo' I i 1 sw usTN II II 1 I COUNCIL MEETING DATE: 2� ITEM #: 8 d CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE TO ADOPT 2021 KCSWDM POLICY QUESTION: Should City Council approve the proposed Ordinance to adopt the 2021 King County Surface Water Design Manual (KCSWDM)? COMMITTEE: Land Use and Transportation MEETING DATE: October 4, 2021 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Cole Elliott, P.E., Development Services. Manager DEPT: Public Works Attachments: 1. Staff Report 2. Ordinance 3.2021 KCSWDM Addendum Options Considered: 1. Approve the proposed ordinance. 2. Do not approve the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: DIRECTOR APPROVAL: •�1Zpt \ Initial/Date COMMITTEE RECOMMENDATION: "I move to forward the proposed Ordinance to the October 19, 2021 agenda for first reading. " I \ C. ZC)l7 CV,\ 10` o 0 ro Greg Baruso, Committee Chair Hoang V. Tran, Committee Martin Moore, Committee Member Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (OCTOBER 19, 2021): "I move to forward the proposed ordinance to the November 3, 2021 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (NOVEMBER 3, 2021): "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ,mob 19 TABLED/DEFERRED/NO ACTION 1%(Z 1'2Q'LI Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: September 24, 2021 TO: City Council VIA: Jim Ferrell, Mayor FROM: EJ Walsh, F.E., Public Works Director Cole Elliott, P.E. Development Services Manager SUBJECT: Ordinance to Adopt 2021 King County Surface Water Design Manual (KCSWDM) FINANCIAL IMPACTS: There are no financial impacts. BACKGROUND INFORMATION: The City of Federal Way was issued our current Phase II National Pollution Discharge Elimination System (NPDES) Permit on July 1, 2019. As a requirement of the permit the City has three options for adopting an approved Stormwater Manual: • Adopt the State of Washington (Ecology) manual, w Adopt a Phase I Permit holder (King County) manual, • Create our own. Currently the City has adopted the 2016 KCSWDM. On July 23, 2021, King County released an update to their stormwater manual. As a Phase II permit holder, the City must adopt the 2021 King County Surface Water Design Manual by December 31, 2021. The King County manual update responds to comments from Ecology on the King County NPDES permit and brings the KCSWDM into compliance with the Ecology manual. Changes are updates due to research, studies, and best available treatments since the last manual was adopted. As part of the Ordinance, the City is also updating the City of Federal Way Revised Code Chapter 16. Chapter 16 revisions reflect code updates not included in the previous adoption and revisions required to match the 2021 KCSWDM. The City of Federal Way Addendum to the KCSWDM reflects definition changes, Code changes, and reference materials updated in the 2021 manual. ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to National Pollutant Discharge Elimination System Phase II Permit Requirements; amending FWRC 16.20.010 and 16.25.010 (Amending Ordinance Nos. 99-352, 09-630,16-828). WHEREAS, the Washington State Department of Ecology issued the Western Washington Phase II Municipal Stormwater Permit ("NPDES Permit") on July 1, 2019 pursuant to the requirements of the Federal Clean Water Act ("CWA") —National Pollutant Discharge Elimination System ("NPDES"); and WHEREAS, the NPDES Permit requires affected cities and counties, such as the City of Federal Way ("City"), to adopt Storm Water Design Requirements consistent with the terms of the NPDES permit; and WHEREAS, the NPDES Permit requires the City to adopt a Stormwater Manual, which may be either the State of Washington (Department of Ecology) manual, a Phase I Permit holder (King County) manual, or a manual created by the City; and WHEREAS, currently the City has adopted the 2016 King County, Washington Surface Water Design Manual ("KCSWDM"); and WHEREAS, on July 23, 2021, King County released an update to the KCSWDM; and WHEREAS, as a Phase II permit holder, the City must adopt the updated KCSWDM by December 31, 2021; and WHEREAS, the proposed regulatory code amendments will serve to better protect the City's natural water resources in terms of both water quality and water quantity; and Ordinance No. 21- Page 1 of 8 WHEREAS, the City Council of the City of Federal Way finds it in the best interest of the City to modify the regulatory code to meet the NPDES Permit requirements and that amending this section is consistent with the applicable provisions of the comprehensive plan; and is in the best interest of the residents of the City; and WHEREAS, the City Council desires to adopt the 2021 Federal Way Addendum to the King County, Washington Surface Water Design Manual, which is attached and incorporated by this reference. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FWRC 16.20.010 is hereby amended to read as follows: 16.20.010 Manuals and addendum adopted. The 241£ current version of the King County, Washington Surface Water Design Manual (KCSWDM), the current accompanying version of the 241-6Federal Way Addendum to the King County, Washington Surface Water Design Manual, the King County Stormwater Pollution Prevention Manual, and the latest edition of the LID Technical Guidance Manual for Puget Sound, as they exist on the effective date of the ordinance codified in this chapter or as hereafter amended, are hereby adopted by this reference. They are referred to in this title respectively as the KCSWDM, Federal Way Addendum, the KCSPPM and the LID Manual. Section . FWRC 16.25.010 is hereby amended to read as follows: 16.25.010 Core and special requirements. Depending on the type of drainage review required, as described in FWRC 16.25.020, one or more core or special requirements shall be met. The core and special requirements, described below, are Ordinance No. 21- Page 2 of 8 also described in detail in the KCSWDM and Federal Way Addendum adopted by reference in FWRC 16.20.010. (1) Core requirements. (a) Core Requirement 91— Discharge at the Natural Location. All surface and stormwater runoff from a project must be discharged at the natural location so as not to be diverted onto or away from downstream properties. The manner in which runoff is discharged from the project site must not create a significant adverse impact to downhill properties or drainage systems. (b) Core Requirement 42 — Off -Site Analysis. All proposed projects must submit an off -site analysis report that assesses potential off -site drainage impacts associated with development of the project site and proposes appropriate mitigations of those impacts. The initial permit submittal shall meet the requirements outlined in the KCSWDM and the Federal Way Addendum. (c) Core Requirement #3 — Flow Control. All proposed projects, including redevelopment projects, must provide on -site flow control facilities to mitigate the impacts of increased storm and surface water runoff generated by the addition of new impervious surface, new pervious surface and replacement impervious surfaces. These facilities shall, at a minimum, meet the performance criteria for one of the area -specific flow control standards and be implemented according to the applicable flow control implementation requirements described in the KCSWDM. Flow control BMPs must be provided as directed in the KCSWDM. (d) Core Requirement #4 — Conveyance System. All engineered conveyance system elements for proposed projects must be analyzed, designed, and constructed to provide a minimum level of Ordinance No. 21- Page 3 of 8 protection against overtopping, flooding, erosion, and structural failure as specified in the KCSWDM. (e) Core Requirement #S — Erosion and Sediment Control. All proposed projects that will clear, grade, or otherwise disturb the site must provide erosion and sediment controls to prevent, to the maximum extent possible, the transport of sediment from the project site to downstream drainage facilities, water resources, and adjacent properties. To prevent sediment transport, erosion and sediment control (ESC) measures that are appropriate to the project site must be applied and performed as described in the KCSWDM. Both temporary and permanent erosion and sediment controls shall be implemented as described in the KCSWDM. (f) Core Requirement #6 — Maintenance and Operations. Maintenance and operation of all drainage facilities is the responsibility of the applicant or property owner, except those facilities for which Federal Way is granted an easement, tract, or right-of-way and officially assumes maintenance and operation as described in the KCSWDM. Drainage facilities must be maintained and operated in compliance with Federal Way maintenance standards. (g) Core Requirement 97 —Financial Guarantees and Liability. All drainage facilities constructed or modified for projects (except downspout infiltration and dispersion systems), and any work performed in the right-of-way, must comply with the financial guarantee requirements in FWRC Title 19. (h) Core Requirement #8 — Water Quality. All proposed projects, including redevelopment projects, must provide water quality (WQ) facilities to treat the runoff from new and/or replaced pollution -generating impervious surfaces and pollution -generating pervious surfaces. Ordinance No. 2 1 - Page 4 of 8 Redevelopment projects may also be required to provide WQ facilities to treat existing pollution - generating impervious surfaces. WQ facilities shall be selected and implemented according to the KCSWDM. (i) Core Requirement #9 — Flow Control BMPs. All proposed projects, including redevelopment projects, must provide onsite flow control BMPs to mitigate the impacts of storm and surface water runoff generated by new impervious surface, new pervious surface, existing impervious surfaces, and replaced impervious surface targeted for mitigation as specified in the following sections. Flow control BMPs must be selected and applied according to the KCSWDM. (2) Special requirements. (a) Special Requirement 41 — Other Adopted Area -Specific Requirements. King County has developed several types of area -specific plans and regulations that contain requirements for drainage design. These regulations include critical drainage areas, master drainage plans, basin plans, lake management plans, and shared facility drainage plans. In some cases, these plans and regulations could overlap with the city of Federal Way's jurisdictional area. The Hylebos Creek and Lower Puget Sound Basin Plan is the only one of these area -specific regulations that currently affects Federal Way. King County developed this basin plan which recommends specific land uses, regional capital projects, and special drainage requirements for future development within the Hylebos and lower Puget Sound basin. The drainage requirements of adopted area -specific regulations such as basin plans shall be applied in addition to the drainage requirements of the KCSWDM and Federal Way Addendum unless otherwise specified in the adopted regulation. Where eonflicts occur between the two, the Ordinance No. 21- Page 5 of 8 drainage requirements of the adopted area -specific regulation shall supersede those in the KCSWDM and Federal Way Addendum. (b) Special Requirement #2 — Floodplain/Floodway Delineation. Floodplains and floodways are subject to inundation during extreme events. The 100-year floodplains are delineated in order to minimize flooding impacts to new development and to prevent aggravation of existing flooding problems by new development. Regulations and restrictions concerning development within a 100-year floodplain are found in Federal Way's environmentally sensitive areas and flood hazard regulations. If an approved flood hazard study exists, then it may be used as the basis for delineating the floodplain and floodway boundaries provided the study was prepared in a manner consistent with the KCSWDM and other Federal Way flood hazard regulations. If an approved flood hazard study does not exist, then one shall be prepared based on the requirements described in Chapter 4.4.2 of the KCSWDM, "Floodplain/Floodway Analysis." (c) Special Requirement #3 — Flood Protection Facilities. Developing sites protected by levees, revetments, or berms requires a high level of confidence in their structural integrity and performance. Proper analysis, design, and construction is necessary to protect against the potentially catastrophic consequences if such facilities should fail. The applicant is required to demonstrate conformance with FEMA regulations using the methods specified in Chapter 4.4.2 of the KCSWDM. In addition, certain easement requirements (outlined in Chapter 4.1 of the KCSWDM) must be met in order to allow city access for maintenance of the facility. Ordinance No. 21- Page 6 of 8 (d) Special Requirement #4 — Source Control. Water quality source controls, many of which are listed in the KCSPPM and the LID Manual, prevent rainfall and runoff water from coming into contact with pollutants, thereby reducing the likelihood that pollutants will enter public waterways and violate water quality standards. When applicable, structural source control measures, such as car wash pads or dumpster area roofing, shall be shown on the site improvement plans submitted for engineering review and approval. Other nonstructural source control measures, such as covering storage piles with plastic or isolating areas where pollutants are used or stored, are to be implemented after occupancy and need not be addressed during the plan review process. All commercial and industrial projects (irrespective of size) undergoing drainage review are required to implement applicable source controls. (e) Special Requirement #S — Oil Control. Projects proposing to develop or redevelop a high -use site must provide oil controls in addition to any other water quality controls required by this manual. Such sites typically generate high concentrations of oil due to high traffic turnover or the frequent transfer of oil. Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Ordinance No. 21- Page 7 of 8 Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 20 ATTEST: CITY OF FEDERAL WAY: JIM FERRELL, MAYOR STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 21- Page 8 of 8 CITY OF Federal Way Addendum to The King County Surface Water Design Manual Effective Date January XX 2022 Introduction This addendum to the 2021 King County, Washington Surface Water Design Manual (KCSWDM) applies to development and re -development proposals within the City of Federal Way. The KCSWDM has been adopted to meet the requirements of the Clean Water Act, the Endangered Species Act, Washington State Growth Management Act, and the City of Federal Way's (City) National Pollutant Discharge Elimination System (NPDES) Permit. This addendum includes minor revisions to the KCSWDM to address the differences between King County's and the City's organization and processes. In order to maintain equivalency in review requirements and level of protection provided by the KCSWDM, no major substantive changes have been made to the manual. Addendum Organization The information presented in this addendum is organized as follows: Section 1: Terminology: At times King County and the City of Federal Way use different terminology to describe, or to refer to, equivalent subject matter. This section identifies these terms and the City of Federal Way's equivalent terminology. Section 2: Key Revisions: This section specifically identifies the modifications the City has made to the KCSWDM. Section 3: Code Reference Tables: King County code is referenced in many places throughout the KCSWDM. This section identifies these code references and equivalent City Code where applicable. Section 4: Reference Materials: This section identifies which reference materials provided in the KCSWDM are applicable and which are not. It also identifies if equivalent City of Federal Way reference materials are available. Section 5: Mapping: City of Federal Way equivalents to the Flow Control Applications Map and the Water Quality Applications Map are included in this section. The City's equivalent to the County Landslide Hazard Drainage Areas Map is the City Sensitive/Critical Areas Map available from the Community Development Planning Division. Note: Clarifications and interpretations to the KCSWDM or this addendum will be documented and made available through policy statements within the City's Development Standards. City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 1 of 23 Section 1: Terminology: At times King County and City of Federal Way use different terminology to describe or to refer to equivalent subject matter. This section identifies these terms and the City of Federal Way's equivalent terminology. Critical Drainage Areas (CDA's) - City of Federal Way (CFW) code has no equivalent term or designation. Additional requirements to those outlined in the KCSWDM, if any, will be determined based on information provided in the Technical Information Report for an individual project by the Public Works Director or their designee. Department of Local Services, Permitting Division (DLS-Permitting) = City of Federal Way Public Works Department. Department of Natural Resources and Parks (DNRP) = Not applicable, No CFW equivalent. Director = City of Federal Way Public Works Director. Drainage facilities restoration and site stabilization guarantee and drainage defect and maintenance guarantee = CFW Performance/Maintenance Bond. King County = City of Federal Way (CFW). King County Code (KCC) = Federal Way Revised Code (FWRC). Check code reference table for equivalent code sections. King County Designated/Identified Water Quality Problem - This determination is made based on review of historic problems at the subject site by the Public Works Director. King County Road Standards = City of Federal Way Development Standards Manual. Master Drainage Planning - Not applicable, no CFW equivalent. Redevelopment (FWRC 16.05.180) See Federal Way Revised Code, Section 16.05.180 for the purpose of determining water quality review requirements. For the purposes of determining flow control and other stormwater review requirements, the definition of "redevelopment project" identified in the KCSWDM applies. Sensitive Area Folio = Sensitive/Critical Areas Map available from the Community Development Planning Division. Urban Planned Development = Not applicable, no CFW equivalent. City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 2 of 23 Water and Land Resources (WLR) Division = City of Federal Way Surface Water Management Division. Zoning Classifications: Where the KCSWDM references Agricultural (A) Zoning, Forest (F) Zoning, or Rural (R) Zoning - These zoning classifications are intended for areas outside of the Urban Growth Boundary, therefore the City of Federal Way contains no equivalent zoning. Refer to city zoning maps to determine which zoning classification applies to the subject property. City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 3 of 23 Section 2: Ivey Revisions: This section includes minor revisions to the KCSWDM to address the differences between King County's and the City's organization and processes, as well as to ensure equivalency. Chapter 1: Drainage Review and Requirements The following steps replace Section 1.1.1 of the KCSWDM: Section 1.1.1 Projects Requiring Drainage Review Introduction The following steps shall be used instead of Section 1.1.1 of the KCSWDM to determine drainage review requirements within the City of Federal Way. This process has been modified to meet the City of Federal Way water quality review requirements and thresholds for redevelopment identified in Federal Way Revised Code (FWRC) 19.30.120, Nonconforming water quality improvements. Determining Drainage Review Requirements: Step 1 Is the project or proposed activity subject to City Code Title 16 (Surface Water Management) pursuant to FWRC 16.15.010? 16.15.010 Regulated activities. The following projects or activities are subject to the provisions of this title, unless exempted in FWRC 16.15.020: (1) Single-family residential; or (2) Projects that add 2, 000 square feet or more of new impervious surface, replaced impervious surface or new plus replaced impervious surface; or (3) Projects that propose 7,000 square feet or more of land disturbing activity; or (4) Projects that propose to construct or modify a drainage pipe/ditch that is 12 inches or more in size/depth, or receives surface and stormwater runoff from a drainage pipe/ditch that is 12 inches or more in size/depth; or (5) Collection and concentration of surface and stormwater runofffrom a drainage area of more than 5, 000 square feet; or (6) Projects which contain, are adjacent to or directly discharge to a floodplain, stream, lake, wetland, or closed depression, groundwater recharge area, or other water quality sensitive area, or a receiving water with a documented water quality problem as determined by the Public Works Director, based on a written map, policy, water quality monitoring data or plan in existence or implemented by the director prior to submission of a redevelopment application which is determined to trigger application of this subsection, or based on information developed during review of a particular redevelopment application; or (7) Projects that involve a change in use, and the changed use has a potential to release a new pollutant(s) to surface water systems within the city. For the purposes of this subsection, "new pollutant(s)" means a pollutant that was not discharged at that City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 4 of 23 location immediately prior to the change in use, as well as a pollutant that was discharged in less quantities immediately prior to the change in use; (8) Projects other than normal maintenance or other than tenant improvements, but including any increase in gross floor area, in any one consecutive 12-month period which exceeds 50 percent of the assessed or appraised value (whichever is greater) of the structure or improvement; or (9) Project proposing $100, 000 or more of improvements to an existing high use site. [Note: the dollar amount indicated can be adjusted based on the consumer price index as identified in the KCSWDM in section 1. 1. 1.] Redevelopment projects that are subject to water quality improvements may phase construction of the improvements as described in FWRC 19.30.120, Non -conforming water quality. Step 2 Projects Subject to Title 16 Projects subject to Title 16 (Surface Water Management) shall determine water quality and stormwater review requirements using Sections 1.1. LA (Step 3) and 1.1. LB (Step 4) of this addendum. Projects Not Subject to Title 16 Projects not subject to Title 16 (Surface Water Management) may still be subject to clearing and grading review requirements pursuant to International Building Code (IBC) Appendix J and FWRC 19.120. Projects which are subject to clearing and grading permit requirements, but do not meet the thresholds identified in 1.1.LB, are subject to the Erosion and Sedimentation Control (ESC) requirements and BMPs of Core Requirement #5 and C.1.4 of the KCSWDM as applicable. Specific ESC requirements shall be determined on a project by project basis during clearing and grading review. Those projects exempt from clearing and grading permit requirements, although not required to be reviewed, are still responsible for implementing Erosion and Sedimentation Control (ESC) measures to maintain a stable site and mitigate offsite impacts. Step 3 LLLA PROJECTS REQUIRING WATER QUALITY REVIEW Water Quality Review (Core Requirement #8) is required for any proposed project (except those proposing only maintenance) that is subject to a City of Federal Way development permit or approval, AND that meets any one of the following conditions: New Development 1. The project adds or will result in 2,000 square feet or more of new impervious surface; OR City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 5 of 23 2. The project proposes 7,000 square feet or more of land disturbing activity; OR 3. The project proposes to construct or modify a drainage pipe/ditch that is 12 inches or more in size/depth, or receives surface and stormwater runoff from a drainage pipe/ditch that is 12 inches or more in size/depth; OR 4. The project contains or is adjacent to "frequently flooded areas" or "special flood hazards" as defined in FWRC 14.05 and 19.142.050; OR 5. The project is located within a Critical Drainage Area, OR Redevelopment t (meeting the definition identified in FWRC 19.30.120) 6. Redevelopment which involves the creation or addition of impervious surfaces having an area of 5,000 square feet or more; OR 7. Redevelopment which involves the construction or replacement of a building footprint or other structure having a surface area of 5,000 square feet or more, or which involves the expansion of a building footprint or other structure by 5,000 square feet of surface area or more; OR 8. Redevelopment which involves the repair or replacement of 5,000 square feet or more of an impervious surface, when such redevelopment is not part of a routine maintenance activity; OR 9. Redevelopment which involves the collection and/or concentration of surface and/or stormwater runoff from a drainage area of 5,000 square feet or more; OR 10. Redevelopment which contains or directly discharges to a floodplain, stream, lake, wetland, or closed depression, groundwater recharge area, or other water quality sensitive area determined by the Public Works Director, based on a written map, policy, water quality monitoring data or plan in existence or implemented by the Public Works Director prior to submission of a redevelopment application which is determined to trigger application of this subsection, or based on information developed during review of a particular redevelopment application; 11. Redevelopment which involves a change in use, and the changed use has a potential to release a new pollutant(s) to surface water systems within the city. For the purposes of this subsection, "new pollutant(s)" means a pollutant that was not discharged at that location immediately prior to the change in use, as well as a pollutant that was discharged in less quantities immediately prior to the change in use; "Redevelopment" means a project that proposes to add, replace, or modify impervious surface (for purposes other than a residential subdivision or maintenance) on a site that is already substantially developed in a manner consistent with its current zoning, or with a legal nonconforming use, or has an existing impervious surface coverage of 35 percent or more. Water quality for the entire subject property must be brought into compliance with FWRC Title 16, where the proposed redevelopment meets or exceeds the thresholds set forth, and shall be done in accordance with the approved King County, Washington Surface Water Design Manual or equivalent, as amended. FWRC 19.30.120) City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 6 of 23 12. Redevelopment, other than normal maintenance or other than the tenant improvements, but including any increase in gross floor area, in any one consecutive 12-month period which exceeds 50 percent of the assessed or appraised value (whichever is greater) of the structure or improvement being redeveloped. The applicant may provide an appraisal of the improvement. The appraisal must be from a source acceptable to the City. The Public Works Director may require the applicant to provide an appraisal from a second source acceptable to the City if the assessed valuation appears to be inaccurate or inappropriate. If more than one appraisal is provided by the applicant or required by the City, the greater of the two amounts shall be used. For purposes of determining value under this section, improvements required pursuant to FWRC 19.30.090 (nonconforming development), FWRC 19.30.110 (street/sidewalk improvements), this section (nonconforming water quality improvements) and FWRC 19.135.030 (street/sidewalk improvements) shall not be counted towards the 50 percent threshold which would trigger application of this subsection; 13. Redevelopment of property which drains or discharges to a receiving water that has a documented water quality problem, as determined by the Public Works Director based on a map, plan, water quality monitoring data or a written policy in existence or implemented by the Public Works Director prior to submission of a redevelopment application determined to trigger application of this subsection, where the Public Works Director determines that the redevelopment requires additional specific controls to address the documented water quality problem. Water Quality Review for "Redevelopment" Projects meeting the "redevelopment" definition and thresholds identified in this section are subject to Core Requirement #8 for the entire site Z pursuant to the city's Nonconformance code (FWRC 19.30.120). Please note that application of Core Requirement #8 differs between redevelopment and new development as indicated in Section 1.2.8 of this addendum. Step 4 LLLB PROJECTS REQUIRING STORMWATER REVIEW Stormwater Review is required for any proposed project (except those proposing only maintenance) that is subject to a City of Federal Way development permit or approval, AND that meets any one of the following conditions (see Figure 1.1.1.B for flow chart): 1. The project adds or will result in 2,000 square feet or more of new impervious surface, replaced impervious surface, or new plus replaced impervious surface; OR Site (a.k.a. development site) means a single parcel as established by the King County Department of Assessments, or two or more contiguous parcels that are under common ownership or documented legal control, used as a single parcel for purposes of applying for authority from King County to carry out a development/project proposal. For projects located primarily within dedicated rights -of -way, site includes the entire width of right-of-way within the total length of right-of-way subject to improvements proposed by the project. City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 7 of 23 2. The project proposes 7,000 square feet or more of land disturbing activity; OR 3. The project proposes to construct or modify a drainage pipe/ditch that is 12 inches or more in size/depth, or receives surface and stormwater runoff from a drainage pipe/ditch that is 12 inches or more in size/depth; OR 4. The project contains or is adjacent to "frequently flooded areas" or "special flood hazards" as defined in FWRC 14.05.030 and 19.142.050; OR 5. The project is located within a Critical Drainage Area; OR 6. The project is a redevelopment project 3 proposing $100,000' or more of improvements to an existing high -use site; OR 7. The project is a redevelopment project on a single- or multiple -parcel site in which the total of new plus replaced impervious surface is 5,000 square feet or more and whose valuation of proposed improvements (including interior improvements and excluding required mitigation and frontage improvements) exceeds 50% of the assessed value of the existing site improvements. If stormwater review is required for the proposed project, the type of review must be determined based on project and site characteristics as described in Section 1.1.2 of the KCSWDM. 3 For the purposes of this section "Redevelopment project" means a project that proposes to add, replace, or modify impervious surfaces for purposes other than a residential subdivision or maintenance on a site that is already substantially developed in a manner consistent with its current zoning or with a legal non -conforming use, or has an existing impervious surface coverage of 35% or more. The following examples illustrate the application of this definition. (KCSWDM Chpt. 1) 4 This is the "project valuation" as declared on the submitted permit application. The dollar amount of this threshold is considered to be as of January 8, 2001 and may be adjusted on an annual basis using the local consumer price index (CPI). Note: January 8, 2001 is the effective date of the ESA 4(d) Rule for Puget Sound Chinook salmon. City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 8 of 23 FIGURE 1.1.1.13 Stormwater Review Flow Chart Project or Activity Stormwater Review Does the project meet the definition of a "redevelopment project" as defined in the KCSW DM? Yes Does the project meet thresholds #s 6 - 7 in Section 1.1.1.13 of this addendum? Stormwater Review Required See Section 1.1.2 of KCSW DM for specific requirements No No No No Stormwater Review Required Does the project meet thresholds #s 1 - 5 in Section 1.1.1.13 of this addendum? Stormwater Review Required See Section 1.1.2 of KCSWDM for specific requirements * The requirement to complete a stormwater review is separate from the requirements to conform to the Water Quality Review (1.1. LA). If water quality is triggered, but a stormwater review is not, the applicant is still required to conform to the Water Quality requirements. City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 9 of 23 The following items amend the identified sections of the KCSWDM: 1.1.3 Drainage Review Required by Other Agencies In addition to the Muckleshoot Indian Tribe, CFW is required to notify the Puyallup Indian Tribe. The City of Federal Way administers its own Forest Practices Class IV -General Permits. The City of Federal Way does not administer Class IV -Special Forest Practices Permits. 1.2.5 Core Requirement #5 Projects subject to clearing and grading permit requirements, but which do not meet the thresholds identified in 1.1.1.B, are subject to the ESC requirements and BMPs of Core Requirement #5 and C.1.4 of the KCSWDM as applicable. Specific ESC requirements shall be determined on a project by project basis during clearing and grading review. Those projects exempt from clearing and grading permit requirements, although not required to be reviewed, are still responsible for implementing Erosion and Sedimentation Control (ESC) measures to maintain a stable site and mitigate offsite impacts 1.2.5.3 (F) - City of Federal Way does not assume lead agency status for Class IV Special Forest Practices Permits 1.2.6 Drainage Facilities to be Maintained by City of Federal Way - See FWRC 16.35.010. 1.2.8 Core Requirement #8 Water Quality — Guide to Applying Core Requirement #8 1. Redevelopment a. When water quality improvements are required, the entire site must be brought up to current water quality standards for all pollution -generating impervious surfaces (PGIS). i. This includes all (PGIS) regardless of when they were created, including impervious surfaces created before 2001. ii. Any applicable additional provisions in KCSWDM 1.2.8.1(B & C) - Target Surfaces, also apply. b. See KCSWDM for pervious surface requirements. c. Exemptions identified in 1.2.8 of the KCSWDM do not apply to redevelopment. 2. New Development a. See KCSWDM for both impervious and pervious surface requirements The following item replaces the identified section of the KCSWDM: 1.4 Adjustment Process - See FWRC Section 16.30.020 through 16.30.070. City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 10 of 23 Chapter 2: Drainage Plan Submittal The following items amend the identified sections of the KCSWDM: 2.3.1.1 TIR Section 3, Scope of Analysis: Task 2. Resource Review - Maps of the City's sensitive areas, drainage basins, streams, topography, zoning, survey control points, Flow Control Applications, Water Quality Applications, and more are available on the City's website at www.cityoffederalway.com, through the City's Public Works Development Services Division and through the City's Community Development Planning Division. For information on existing drainage complaints and conditions within the city, as -built drawings, and Technical Information Reports, please contact the Surface Water Management Engineering Technician at 253.835.2754. 2.3.1.2. Site Improvement Plan Vertical Datum - KCAS or NGVD-29. General Plan Format - Refer to City of Federal Way Development Standards Manual, Construction Checklist. Plan Sheet Size — Is no longer relevant the City of Federal Way now only accepts electronic submittal (Blue Beam, AutoCad or PDF). Drawing Scale - Refer to City of Federal Way Development Standards Manual. 2.4.2 Final Corrected Plan Submittal Engineering Plan Review - Upon completion of the engineering review process, the final engineering plans shall be provided for Public Works Department approval and signature. As -built Drawings - As -built drawings are required at the conclusion of the project, prior to release of the performance bond. All as -built drawings shall be prepared by a land surveyor licensed in the State of Washington and shall conform to all state and local statutes. See Development Standards Manual, As -built Review Checklist, for details. Chapter 3: Hvdrolo is Analysis & Desi n The following items amend the identified sections of the KCSWDM: 3.1.2 Low Impact Development (LID) Performance Standard — Low Impact Development is the required approach to site development and all permitted projects must demonstrate compliance with the LID Performance Standard as outlined in Section 1.2.9.4. If infiltration is proposed, testing must be completed as outlined in the Manual. For all projects less than 5 acres, the pre-engineered BMPs in Appendix #C of the KCSWDM may be used instead of modeling. In the event that LID BMPs cannot be utilized for a specific site given site limitations, the applicant may demonstrate why the BMPs within Appendix #C are not suitable, for either the whole or a part of the site, the City may then allow use of non -LID BMP infrastructure to meet the Core Requirements. City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 11 of 23 1.2.9.1.11 & 3.1.2 Where the LID Standard is Required — The Low Impact Development Standard outlined in Section 1.2.9. LB is required for all projects where permits are required in accordance with the amended Section 3.1.2. Chapter 6: Water Quality Design The following item amends the identified sections of the KCSWDM: 6.7.2 King County Requirements — The City of Federal Way accepts proprietary water quality facilities that have been granted General Use Level Designation (GULD) approval for Enhanced Basic treatment by the Washington State Department of Ecology (WADOE). This only applies to facilities that are to be privately owned and maintained. For facilities that are to be dedicated to the City, the applicant is required to apply for an adjustment as outlined in FWRC Section 16.30. City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 12 of 23 Section 3: Code Reference Table: King County Code is referenced in many places throughout the KCSWDM. The following table identifies these code references and equivalent city code where applicable: King County Code to Federal Way Revised Code FWRC Reference Table King County Code FWRC Reference Subject of Reference Equivalent Comment KCC 2.98 Adoption Procedures 16.05.290 Critical Drainage Areas, adoption KCC 2.98 procedures Not applicable Surface Water, Stormwater and CFW does not have a groundwater Title 9 Groundwater Management Title 16 protection management prgEam Surface Water Run-off Policy: KCC 9.04 Variances 16.30 See Adjustments Definitions: Targeted Drainage KCC 9.04.030 Review / abbreviated evaluation 16.25.020 See Drainage Review KCC 9.04.030 Drainage Review 16.25.020 KCC 9.04.030 Large Project Drainage Review 16.25.020 KCC 9.04.050 Drainage Review - Requirements 16.25.020 Engineering plans for the purposes See Development KCC 9.04.070 of drainage review Standards Construction timing and final See Development KCC 9.04.090 approval Standards KCC 9.04.100 Liability Insurance Required 16.25.030 Drainage facilities accepted by King KCC 9.04.115 County for maintenance 16.35 Drainage facilities not accepted by KCC 9.04.120 King CouE!y for maintenance 16.35 KCC 9.12 Water Quality 16.20 & 16.45 Water Quality: Prohibited KCC 9.12.025 discharges 16.50.020 Water Quality: Stormwater Pollution Prevention Manual KCC 9.12 Adoption 16.20.10 KCC 9.04 & 16.82 Erosion and Sediment Control 16.25.10. Le Clearing and Grading Code: Bridge The City follows WSDOT and KCC 16.82 Design No Equivalent King County Standards City of Federal Way uses both Clearing and Grading Code: Chapter 19.120 and Appendix J of KCC 16.82 Clearing Limit 19.120 the International Building Code. City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 13 of 25 King County Code to Federal Way Revised Code (FWRC) Reference Table King County Code Reference Subject of Reference FWRC Equivalent Comment Erosion and sediment control The City follows the King KCC standards: Seasonal limitation County standards manuals per 16.82.095(A) period No Equivalent Code Section 16.20.010 The City follows the King KCC Grading Standards: Preservation County standards manuals per 16.82.100(F) of Duff Layer No Equivalent Code Section 16.20.010 The City follows the King KCC Grading Standards: Soil County standards manuals per 16.82.100(G) Amendments No Equivalent Code Section 16.20.010 Clearing standards for individual FWRC does not contain rural KCC 16.82.150 lots in the rural zone Not applicable zoning classification KCC 20.20 Land Use Review Procedures Title 19 This KCC section has multiple references to other KCC Sections regarding Critical Aquifer KCC 21A.244 Critical Aquifer Recharge Area 19.145.450 19.145 Recharge Areas KCC 21A.24 Critical Areas Requirements The requirements vary by Zoning KCC On -site recreation - space District. Refer to the applicable 21A.14.180 required Title 19 District. Critical Areas Code: 100 year KCC 21 A.24 flood lain 19.142 KCC Critical Areas Code: Building 21A.24.200 Setbacks 19.145 The City follows the King KCC Critical Areas Code: Channel County standards manuals per 21A.24.275 Migration Zone No E uivalent Code Section 16.20.010 Critical Areas Code: Definition: KCC 21A.06 Stream 19.05.190 Critical Areas Code: Definition KCC 21A.24 Wetlands 19.05.230 Critical Areas Code: Fish Passage KCC 21A.24 Requirements 19.145.390 Critical Areas Code: Flood KCC 21A.24 Hazard Area Regulations 19.142 Critical Areas Code: KCC 21A.24 Floodplain/Floodway Delineation 19.142.160 King County Code to Federal Way Revised Code (FWRC) Reference Table City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 14 of 23 King County Code Reference Subject of Reference FWRC Equivalent Comment Critical Areas Code: Floodplain KCC 21A.24 Data 19.142.050 Critical Areas Code: Flood The City follows the King KCC 21A.24 Protection facility No Equivalent County standards Critical Areas Code: Notice on KCC 21A.24 Title 19.145.170 Critical Areas Code: Regulation KCC 21 A.24 of Wetlands 19.145.410 Critical Areas Code: zero -rise and The City follows the King KCC 21A.24 compensatory storage provisions No Equivalent County standards Definitions: Critical Area KCC 21A.24 Ordinance (CAO) 19.145 The City does not have Farm KCC 21A.24 Farm Management Plans No Equivalent Management Plan requirements Floodplain Development The City follows WSDOT and KCC 21A.24 Standards: Bridges No Equivalent King County Standards Notice on Title: Erosion Hazard KCC 21A.24 Area 19.145.170 Rural Stewardship Plan or Farm The City does not have Rural KCC 21A.24 Management Plan No Equivalent Stewardship Plan requirements The City does not have a broad definition, instead each specific KCC 21A.24 Critical Areas 14.05 & 19.05 area is defined se aratel Critical areas can be placed in a KCC 21A.24 Critical Area Tract 18.55.060, 19.145 conservation open sace tract KCC 21A.24.100 Critical Area Review 19.145 KCC 21A.24.110 Critical Area Reports 19.145.080 KCC 21 A.24.170 Notice on Title 19.145.170 KCC Floodplain and Flood Hazard 21A.24.230 Areas 19.142 KCC 21 A.24.270 Notice on Title 19.145.170 KCC Channel migration zone The City follows the King 21 A.24.275 development standards No Equivalent County standards City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 15 of 23 King County Code to Federal WayRevised Code (FWRC) Reference Table King County Code FWRC Reference Subject of Reference Equivalent Comment The City does not have one code section that lists all of the property specific development standards or overlays, instead they are contained Property specific development throughout code based on land use KCC 21A.38 standards/special district overlays No Equivalent and property characteristics KCC 23.20 Code Compliance: Citations 1.15 Code Compliance: Notice and KCC 23.24 Orders 1.15.040 Code Compliance: Stop Work KCC 23.28 Orders 1.15.030 FWRC does not contain an KCC 23.40 Code Compliance: Liens Not applicable equivalent requirement Shoreline Management: Bridge The City follows WSDOT and KCC 21 A.25 Design No Equivalent King County Standards City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 16 of 25 Section 4: Reference Materials: Cited Federal Way Revised Code The following are applicable excerpts from the City of Federal Way Revised Code and provided for convenience. In the event of discrepancies or subsequent code updates, the adopted City code governs. 16.05.180 R definitions. "Redevelopment" For the purposes of determining water quality review requirements "redevelopment" -means, a project that proposes to add, replace, or modify impervious surface (for purposes other than a residential subdivision or maintenance) on a site that is already substantially developed in a manner consistent with its current zoning, or with a legal nonconforming use, or has an existing impervious surface coverage of 35 percent or more. Water quality for the entire subject property must be brought into compliance with FWRC Title 16, where the proposed redevelopment meets or exceeds the thresholds set forth, and shall be done in accordance with the approved King County, Washington Surface Water Design Manual or equivalent, as amended. (FWRC 19.30.120) For the purposes of determining flow control and other stormwater review requirements, the definition of "redevelopment project" identified in the KCSWDM applies. 16.15.010 Regulated activities. The following projects or activities are subject to the provisions of this title, unless exempted in FWRC 16.15.020: (1) Single-family residential; or (2) Projects that add 2,000 square feet or more of new impervious surface, replaced impervious surface or new plus replaced impervious surface; or (3) Projects that propose 7,000 square feet or more of land disturbing activity; or (4) Projects that propose to construct or modify a drainage pipe/ditch that is 12 inches or more in size/depth, or receives surface and stormwater runoff from a drainage pipe/ditch that is 12 inches or more in size/depth; or (5) Collection and concentration of surface and stormwater runoff from a drainage area of more than 5,000 square feet; or (6) Projects which contain, are adjacent to or directly discharge to a floodplain, stream, lake, wetland, or closed depression, groundwater recharge area, or other water quality sensitive area, or a receiving water with a documented water quality problem as determined by the Public Works Director, based on a written map, policy, water quality monitoring data or plan in existence or implemented by the director prior to submission of a redevelopment application which is determined to trigger application of this subsection, or based on information developed during review of a particular redevelopment application; or (7) Projects that involve a change in use, and the changed use has a potential to release a new pollutant(s) to surface water systems within the city. For the purposes of this subsection, "new pollutant(s) " means a pollutant that was not discharged at that City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 17 of 23 location immediately prior to the change in use, as well as a pollutant that was discharged in less quantities immediately prior to the change in use; or (8) Projects other than normal maintenance or other than tenant improvements, but including any increase in gross floor area, in any one consecutive 12-month period which exceeds 50 percent of the assessed or appraised value (whichever is greater) of the structure or improvement; or (9) Project proposing $100,000 or more of improvements to an existing high use site. [Note: the dollar amount indicated can be adjusted based on the consumer price index as identified in the KCSWDM in section 1.1.1.1 Redevelopment projects that are subject to water quality improvements may phase construction of the improvements as described in FWRC 19.30.120, Non -conforming water quality. 16.15.020 Exemptions. The following activities are exempt from the provisions of this title: (1) Commercial agriculture, and forest practices regulated under WAC Title 222, except for Class IV General Forest Practices that are conversions from timber land to other uses; and (2) Development undertaken by the Washington State Department of Transportation in state highway rights -of -way is regulated by Chapter 173-270 WAC, the Puget Sound Highway Runoff Program. All other new development and redevelopment is subject to the requirements of this title. 19.30.120 Nonconforming water quality improvements. This section sets forth the standards when and under what circumstances a subject property that does not conform to the development regulations in FWRC Title 16 relating to water quality must be brought into compliance. (1) Redevelopment. For the purposes of this section, "redevelop" or "redevelopment" means a project that proposes to add, replace, or modify impervious surface (for purposes other than a residential subdivision or maintenance) on a site that is already substantially developed in a manner consistent with its current zoning, or with a legal nonconforming use, or has an existing impervious surface coverage of 35 percent or more. Water quality for the entire subject property must be brought into compliance with FWRC Title 16, where the proposed redevelopment meets or exceeds the thresholds set forth below pursuant to this chapter, and shall be done in accordance with the approved King County, Washington Surface Water Design Manual or equivalent, as amended. (a) Redevelopment which involves the creation or addition of impervious surfaces having an area of 5,000 square feet or more; (b) Redevelopment which involves the construction or replacement of a building footprint or other structure having a surface area of 5,000 square feet or more, or which involves the expansion of a building footprint or other structure by 5,000 square feet of surface area or more; City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 18 of 23 (c) Redevelopment which involves the repair or replacement of 5,000 square feet or more of an impervious surface, when such redevelopment is not part of a routine maintenance activity; (d) Redevelopment which involves the collection and/or concentration of surface and/or stormwater runoff from a drainage area of 5,000 square feet or more; (e) Redevelopment which contains or directly discharges to a floodplain, stream, lake, wetland, or closed depression, groundwater recharge area, or other water quality sensitive area determined by the Public Works Director, based on a written map, policy, water quality monitoring data or plan in existence or implemented by the Public Works Director prior to submission of a redevelopment application which is determined to trigger application of this subsection, or based on information developed during review of a particular redevelopment application; (f) Redevelopment which involves a change in use, and the changed use has a potential to release a new pollutant(s) to surface water systems within the city. For the purposes of this subsection, "new pollutant(s) " means a pollutant that was not discharged at that location immediately prior to the change in use, as well as a pollutant that was discharged in less quantities immediately prior to the change in use; (g) Redevelopment, other than normal maintenance or other than the tenant improvements, but including any increase in gross floor area, in any one consecutive 12-month period which exceeds 50 percent of the assessed or appraised value (whichever is greater) of the structure or improvement being redeveloped. The appraisal must be from a state -certified general appraiser. For purposes of determining value under this section, improvements required pursuant to FWRC 19.30.090 (nonconforming development), 19.30.110 (street/sidewalk improvements), this section (nonconforming water quality improvements) and FWRC 19.135.030 (street/sidewalk improvements) shall not be counted towards the 50 percent threshold which would trigger application of this subsection; (h) Redevelopment of property which drains or discharges to a receiving water that has a documented water quality problem, as determined by the Public Works Director based on a map, plan, water quality monitoring data or a written policy in existence or implemented by the Public Works Director prior to submission of a redevelopment application determined to trigger application of this subsection, where the Public Works Director determines that the redevelopment requires additional specific controls to address the documented water quality problem. (2) Timing. All improvements required by this section shall be constructed or installed concurrent with the redevelopment triggering application of this section, unless an applicant for redevelopment opts to pursue incremental construction of required improvements. In that event, the applicant shall develop and submit to the Public Works Director a stormwater management plan detailing all of the improvements required by this section, and proceed according to the following subsections: (a) Extent of construction of required water quality improvements. Where the Public Works Director determines that incremental construction is physically feasible, the applicant shall construct that portion of the required improvements according to the following schedule: City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 19 of 23 % of Redevelopment % of Water Quality Improvements 0-24 25 25 — 49 50 >50 1100 Where construction of 100 percent of water quality improvements is required under this subsection, the improvements may be constructed over a period extending no more than five years from the date of approval of the redevelopment. A person choosing to utilize such extended construction shall provide, prior to approval of the stormwater management plan, a performance bond and bond agreement that: (i) Have a term equal to the construction schedule proposed in the plan; and (ii) Comply with the applicable requirements of Chapter 19.25 FWRC, as amended. (b) Incremental construction not feasible. Where the Public Works Director determines that incremental construction is not physically feasible, 100 percent of the required water quality improvements must be installed, concurrent with the redevelopment. (c) Calculation of redevelopment value. For purposes of calculating the value of redevelopment in order to apply subsection (2)(a) of this section, the Public Works Director shall consider the cost of the proposed redevelopment as a percentage of the assessed or appraised value of all structures on the subject property. The appraisal must be from a state -certified real estate appraiser. (d) Subsequent redevelopment. Whenever any person seeks approval for redevelopment on property for which incremental construction of required water quality improvements was previously authorized pursuant to this subsection (2), any additional water quality improvements to be required shall be determined by application of the schedule in subsection (2)(a) of this section based on the stormwater management plan prepared as part of the first request for authorization of incremental construction. If water quality requirements have changed since preparation of the initial stormwater management plan, a new plan shall be prepared detailing improvements required to comply with any existing and new requirements, and the schedule in subsection (2)(a) of this section shall also be applied to the new plan. (3) Location of water quality improvements. A person proposing redevelopment on a property or site having a Federal Way comprehensive plan designation of CC-F (city center frame) or CC-C (city center core) may construct water quality facilities required by this section below grade. 19.120.030 Exemptions. Nothing in this section shall be interpreted to allow clearing, grading, and/or the removal of trees or other vegetation within sensitive areas or sensitive area buffers where prohibited under FWRC Title 19, Division IV, Critical Areas, or in designated native growth protection areas. Clearing and grading activities are also subject to review under Appendix Chapter J of the International Building Code. City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 20 of 23 The following actions shall be exempt from the provisions of this article: (1) Digging and filling for cemetery graves. (2) Clearing and grading in a right-of-way authorized in writing by the director of the department of public works for pothole and square cut patching; overlaying existing asphalt or concrete pavement with asphalt or concrete without expanding the area of coverage; shoulder grading; reshaping/regrading drainage systems; crack sealing; resurfacing with in -kind material without expanding the road prism; and vegetation maintenance. (3) Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate, or clay where a permit has been issued by the State Department of Natural Resources. (4) Exploratory excavations under the direction of a professional engineer licensed in the state; provided, that the extent of the clearing and grading does not exceed the minimum necessary to obtain the desired information. (5) Normal maintenance and repair of the facilities of a common carrier by rail in interstate commerce within its existing right-of-way. (6) Excavations for utility service connections to serve existing and/or new structures and that is outside any area that is within the jurisdiction of Chapter 19.145 FWRC. (7) Actions which must be undertaken immediately, or within a time too short to allow for compliance with the requirements of this article, to avoid an imminent threat to public health or safety; to prevent an imminent danger to public or private property; or to prevent an imminent threat of serious environmental degradation. This determination will be made by the Public Works Director. (8) Clearing and grading actions that are an integral part of an ongoing agricultural or horticultural use on the subject property. (9) Tree and vegetation removal actions conducted on a residential lot that contains a detached dwelling unit together with any contiguous lots under the same ownership that are being maintained for the use and enjoyment of the homeowner that comply with the following criteria: (a) Any trees or vegetation removed must be outside any area that is within the jurisdiction of Chapter 19.145 FWRC. (b) No trees or vegetation will be removed if that vegetation was required to be retained by or through any development permit issued under this chapter or any prior zoning code. (c) Tree and vegetation removal will not change the points where the stormwater or groundwater enters or exits the subject property and will not change the quality, or velocity of stormwater or groundwater. (d) Trees with a diameter at breast height (DBH) of up to six inches and vegetation may be removed without city review and approval if criteria (9)(a) through (c) of this section are met. (e) Trees with a DBH of six inches or greater may be removed subject to the minimum tree units per acre standard established by Table 19.120.130-1 and subject to criteria (9)(a) through (c) of this section. (f) Removal of trees with a DBH of six inches or greater that will result in the subject property falling below the minimum tree units per acre standard per Table 19.120.130-1 shall require planting of replacement trees as necessary to meet the City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 21 of 23 minimum tree units per acre standard, or the existing tree units per acre represented by the trees proposed for removal, whichever is less. (g) Hazard trees and nuisance vegetation may be removed without city review and approval if criteria (9)(a) through (c) of this section are met. (10) Clearing and grading actions that comply with all of the following criteria: (a) The subject property contains a permanent building or an active use. (b) The clearing or grading activity will not change the points where the stormwater or groundwater enters or exits the subject property, and will not change the quality or velocity of stormwater or groundwater. (c) The clearing or grading activity is outside any area that is within the jurisdiction of Chapter 19.145 FWRC. (d) Grading, filling, and excavation totals less than 100 cubic yards. Quantities of excavation and fill are calculated separately and then added together to determine total excavation and fill. (e) No trees or vegetation will be removed if that vegetation was required to be retained by or through any development permit issued under this chapter or any prior zoning code. (11) Routine maintenance of trees and vegetation necessary to maintain the health of cultivated plants. Topping of trees as defined in Chapter 19.05 FWRC is considered tree removal, not maintenance. (12) Removal of overhanging vegetation and fire hazards, or removal of invasive species, hazard trees, nuisance vegetation, or dead, dangerous, or diseased trees when authorized by the director or his/her designee. (13) Removal of trees in easements and rights -of -way for the purposes of constructing public streets and utilities. Protection of trees shall be a major factor in the location, design, construction, and maintenance of streets and utilities. These activities are subject to the purpose and intent of this article. (14) Removal of trees on sites zoned city center core (CC-C) and city center frame (CC-F). City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 22 of 23 Section 5: Mapping: The City of Federal Way equivalents to the Flow Control Applications Map and the Water Quality Applications Map are attached, as periodically updated. The current versions of the maps are available from the Public Works Department. The City's equivalent to the County Landslide Hazard Drainage Areas Map is the City Sensitive/Critical Areas Map available from the Community Development Planning Division. City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 23 of 23